CHAPTER Fis 1300  GUIDES

Statutory Authority:  RSA Chapter 215

PART Fis 1301  LICENSING

          Fis 1301.01  Requirements for a Guide License.

          (a)  Each applicant for a guide license shall be at least 18 years of age or older as required in RSA 215:5.

          (b)  Each applicant for a hunting guide license shall have successfully completed a hunter safety course.

          (c)  Each applicant for a guide license shall have successfully completed and be certified in, at minimum, a basic first aid course and a basic cardiopulmonary resuscitation course which requires individuals to perform the practical skills in the course in order to be certified.

          (d)  An applicant for any guide license shall have a personal record free of convictions preceding the date of application in any jurisdiction as follows:

(1)  Fishing, hunting or trapping violations - 2 years;

(2)  Misdemeanors - 5 years; and (3)  Felonies - 7 years.

          (e)  Notwithstanding (d)(3) above, no person convicted of a felony shall be issued a hunting guide license.

          (f)  A criminal record check shall be completed for each applicant prior to approval of the application.

Source.  #1670, eff l1-20-80; amd by #2560, eff 12-27-83; ss by #2839, eff 8-31-84; amd #4931, eff 9-13-90; EXPIRED 9-13-96

New.  #6340, eff 9-26-96; ss by #8153, INTERIM, eff 9-18-04, EXPIRES: 3-17-05; ss by #8295, eff 3-1-05; ss by #9844-A, eff 1-1-11

          Fis 1301.02  Application and Examination Procedures.

          (a)  All applications shall be submitted in writing on a form described in Fis 1305.01, to fish and game headquarters, 11 Hazen Drive, Concord, NH 03301.

          (b)  The applicant shall meet all the requirements in Fis 1301.01 for the application to be approved.

          (c)  Each new guides license applicant, excluding renewals, shall take and successfully pass a written and oral examination administered at the fish and game department at a date and time scheduled by the department.

          (d)  As part of the original application process, all applicants for a guides license shall take and pass an oral examination graded as a pass/fail and a written examination with a passing grade of 75%.

          (e)  The oral examination shall test an individual’s practical skills, knowledge and abilities as it relates to the specific guide license requirements.

          (f)  Any applicant unsuccessful in passing the written exam shall be allowed to reapply for a retest after 60 days from the date of original examination.  Any applicant failing a second written examination shall be allowed to reapply after one year from the date of the 2nd examination.

          (g)  Any applicant unsuccessful in passing the oral examination shall be allowed to retest at the next available date scheduled by the fish and game department.

          (h)  The oral examination shall be conducted by at least 2 and no more than 3 examiners, of which 2 members shall be active or retired conservation officers from the fish and game law enforcement division and one currently licensed guide chosen by the executive director or designee.

          (i)  Any person applying for a renewal of their guide license and who has held a guide license within the previous 7 years shall not be required to take the oral or written examination.

Source.  #1670, eff l1-20-80; amd by #2560, eff 12-27-83; ss by #2839, eff 8-31-84; ss by #4931, eff 9-13-90; EXPIRED 9-13-96

New.  #6340, eff 9-26-96; ss by #8153, INTERIM, eff 9-18-04, EXPIRES: 3-17-05; ss by #8295, eff 3-1-05; ss by #9844-A, eff 1-1-11

PART Fis 1302  OTHER REQUIREMENTS FOR GUIDES, COMPLAINTS AND REVOCATION

          Fis 1302.01  Guide Requirements.

          (a)  Guides and the boats they operate while guiding shall meet all the requirements of RSA 270-E:3, RSA 270-E:18 and RSA 270-E:22 relative to registration and licensing of commercial boats and their operators.

          (b)  All licensed guides shall be responsible for determining that the person or persons they are guiding holds a valid license and any other special licenses or permits which may be required.  This rule shall not prevent the person being guided from being charged with a violation of fish and game laws or rules.

          (c)  Each licensed guide shall possess any licenses under Title XVIII required for the species being guided for, except that a guide may direct, aid, assist, or instruct a moose permittee and subpermittee in accordance with Fis 301.07(e).

Source.  #2079, eff 7-5-82; amd by 2560, eff 12-27-83; ss by #2839, eff 8-31-84; ss by #4931, eff 9-13-90; EXPIRED
9-13-96

New.  #6340, eff 9-26-96; ss by #8153, INTERIM, eff 9-18-04, EXPIRES: 3-17-05; ss by #8295, eff 3-1-05; ss by #9844-A, eff 1-1-11

          Fis 1302.02  Marine Exemption. - RESERVED

Source.  #4931, eff 9-13-90; EXPIRED 9-13-96

New.  #6340, eff 9-26-96; ss by #8153, INTERIM, eff 9-18-04, EXPIRES: 3-17-05; ss by #8295, eff 3-1-05; rsvd by #9844-A

          Fis 1302.03  Revocation.

          (a)  The executive director shall revoke a guide license, after notice and hearing in accordance with RSA 541-A, for violating the provisions of RSA 215:3.

          (b)  Any person whose guide’s license has been revoked shall be required to reapply and to meet all requirements of Fis 1300 before being issued a guides license.

Source.  #9844-A, eff 1-1-11 (from Fis 1302.02)

PART Fis 1303  RECORD KEEPING

          Fis 1303.01  Record Keeping.

          (a)  Each licensed guide shall keep records up to date and completed through the previous guiding trip completed.

          (b)  The records shall include the following for each trip:

(1)  The date(s) on which guiding occurred;

(2)  The client's name;

(3)  The client's address;

(4)  The client’s hunting or fishing license number;

(5)  The client's phone number;

(6)  The towns in which guiding occurred; and

(7)  The species of game or fish sought;

          (c)  Such records shall be kept for a minimum of 5 years and shall be made immediately available to the executive director or his agent upon request.

Source.  #1670, eff l1-20-80; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss by #4931, eff 9-13-90; EXPIRED 9-13-96

New.  #6340, eff 9-26-96; ss by #8153, INTERIM, eff 9-18-04, EXPIRES: 3-17-05; ss by #8295, eff 3-1-05; ss by #9844-A, eff 1-1-11

PART Fis 1304  REGISTER

            Fis 1304.01  Register Available.  The current register of licensed guides required by RSA 215:2-a, and maintained at headquarters in Concord, shall be available to any individual upon request.

Source.  #4931, eff 9-13-90; EXPIRED 9-13-96

New.  #6340, eff 9-26-96; ss by #8153, INTERIM, eff 9-18-04, EXPIRES: 3-17-05; ss by #8295, eff 3-1-05; ss by #9844-A, eff 1-1-11

PART Fis 1305  GUIDE LICENSES

            Fis 1305.01  Guide Licenses.

            (a)  Applicants for a resident or non-resident hunting or fishing guide license under RSA 215:2 shall make application and provide, in addition to the information required by RSA 214:8, the following:

(1)  The applicant’s:

a.  Mailing address;

b.  Legal address;

c.  Telephone number;

d.  Date of birth;

e.  Alias;

f.  Gender;

g.  Height;

h.  Weight; and

i.  Hair color; and

(2)  The business name, address and telephone number, if applicable;

(3)  An indication if the applicant has previously been a guide and if so, in what state, for how many years, and what was the last year the applicant was licensed as a guide;

(4)  An indication if the applicant will be using boats and canoes while guiding;

(5)  A statement explaining how much experience the applicant has with handling boats, motors, and canoes and familiarity with map and compass;

(6)  Documentation that the applicant has taken and successfully completed a hunter safety course if applying for a hunting guide license;

(7)  Documentation that the applicant is currently certified in, at minimum, a basic first aid course and cardiopulmonary resuscitation course which requires individuals to perform the practical skills in the course in order to be certified;

(8)  An indication if the applicant has been convicted of any violation or crime within the last 7 years, the nature of any convictions and in what state; and

(9)  The signature of applicant subject to the penalties for making unsworn false statements under RSA 641:3.

            (b)  The fee for the resident fishing guide license or resident hunting guide license for persons over 65 years of age, pursuant to RSA 215:5 II, shall be $5.00.

          (c)  Applicants for a renewal of a guide’s license shall not be required to provide the information specified in (a) (3), (4), (5), (6) and (8)

Source.  #9844-B, eff 1-1-11 (from Fis 1106.03)

CHAPTER Fis 1400  NON-GAME

PART Fis 1401  REPTILES

          Fis 1401.01  Reptiles.

          (a)  No person shall take or possess a spotted turtle (Clemmys guttata), Blanding's turtle (Emydoidea blandingii), wood turtle (Glyptemys insculpta), Eastern box turtle (Terrapene carolina carolina), black racer (Coluber constrictor) or any egg or part thereof.

          (b)  Importation, possession and release of reptiles shall be in accordance with Fis 800.

          (c)  No person shall take any species of indigenous turtle from May 15 to July 15.

Source.  #1670, eff l1-20-80; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84, EXPIRED 8-31-90

New.  #6191, eff 2-22-96, EXPIRED: 2-22-04

New.  #8673, INTERIM, eff 7-6-06, EXPIRED: 1-2-07

New.  8893, eff 6-5-07

Appendix

Rule

Specific State Statute which the Rule Implements

Fis 1301.01-1301.02

RSA 215:2

Fis 1302.01

RSA 215:2

Fis 1302.02 - RESERVED

 

Fis 1302.03

RSA 215:2

Fis 1303.01

RSA 215:2

Fis 1304.01

RSA 215:2

Fis 1305.01

RSA 215:2

 

 

Fis 1401.01

RSA 206:10; 207:14; 212-B


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NH Fish and Game Dept.
11 Hazen Drive
Concord, NH 03301

603-271-3421
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