Fis 301.07  Moose Season.

          (a)  “Antlered moose” means a moose which has at least one antler 6 inches long measured from the tip of the main beam along the distal edge of the antler to the base of the antler burr at the skull.

          (b)  For purposes of this section the state shall be divided into wildlife management units, as described in Fis 301.02.

          (c)  The moose season shall be 9 consecutive days and shall open on the third Saturday in October.

          (d)  No moose shall be taken with the aid or use of dogs.

          (e)  No person other than the permittee and subpermittee shall participate in a joint hunt to take moose except that the permittee may employ one licensed guide.  The licensed guide may direct, aid, assist, or instruct the permittee and subpermittee but shall not shoot a moose. 

          (f)  No aircraft shall be used to locate moose or communicate the location of moose during the open moose season.

          (g)  No radio telemetry equipment, electronic calls, cell phones, radio transceivers, pagers or other communication devices shall be used to attract or take moose.

          (h)  No moose shall be taken within 300 feet of a class I, II, III, IV, or V highway, as classified pursuant to RSA 229:5.  For purposes of this section both the hunter and the moose shall be not less than 300 feet from a class I, II, III, IV, or V highway.

          (i)  No moose shall be taken with rimfire firearms or with shotguns using shot loads including buckshot.  In towns restricted to weapon types pursuant to RSA 207:3-b, 208:3, 208:3-a, 208:3-b, and 208:3-c, only shotguns loaded with a single ball, muzzle-loading rifle, pistols as specified in RSA 208:3-d or bow and arrow shall be permitted for the taking of moose, except pistols shall not be used in the Town of Bow pursuant to RSA 207:3-b.

          (j)  A person holding a current moose permit or subpermittee's permit may hunt moose with a muzzleloading firearm of not less than .45 caliber.

          (k)  Not withstanding (e) above, a permittee taking moose under the provisions of RSA 208:1-aa may use additional guides to assist in carrying out such hunt as necessary for the safe and successful completion of the hunt.

          (l)  No bow shall be used for hunting moose unless it will pull at least 50 pounds peak weight measured at 28 inches or less draw.

          (m)  No mechanically-drawn or released bow shall be used, and moose shall not be taken by a strung bow from a motor vehicle.

          (n)  No arrow head shall be used other than broadheads as follows:

(1)  Fixed blade broadheads shall not be less than 7/8 of an inch or more than 1 1/2 inches wide;

(2)  Retractable blade broadheads may be smaller than 7/8 of an inch wide in flight, but shall not be less than 7/8 of an inch wide when open;

(3)  There shall be no upper size limit on retractable blade broadheads; and

(4)  When arrows are used in such hunting the name and address of the person shall be plainly printed on each arrow.

          (o)  Only one moose shall be taken per permittee/subpermittee combination.

          (p)  Moose may be taken in the water.

          (q)  The permittee or the subpermittee may shoot the moose, but it shall be the responsibility of the permittee to tag the moose immediately upon killing, remove the moose and transport it to the biological check station as required by Fis 301.08.

          (r)  The moose tag shall contain the following:

(1)  The licensee’s signature;

(2)  The date and time of kill;

(3)  Town of kill;

(4)  Specific location of kill; and

(5)  The wildlife management unit in which the kill occurred.

          (s)  The permittee shall remain with the moose during transportation to the biological check station.  If the moose is shot by the subpermittee, both the permittee and subpermittee shall go to the check station to check the moose.

          (t)  The permittee and subpermittee shall only hunt in the wildlife management unit to which they are assigned by the department.

          (u)  The subpermittee shall always be accompanied by the permittee while hunting moose. All subpermittees shall be within sight and hearing, excluding electronic devices, when actual physical direction and control can be effected pursuant to RSA 207:1, XXX.  All subpermittees under the age of 16 shall be accompanied by a permittee 18 years of age or older.

          (v)  The moose tag shall remain with the moose at all times until the moose is sealed at the biological check station, pursuant to RSA 208:9.

          (w)  Once the moose has been sealed as provided in Fis 301.07(u), a moose may be transported during the open season, and for 10 days after provided the registration seal remains firmly affixed to the moose at all times.

          (x)  The permittee, subpermittee, or both if requested, shall return with or without fish and game department personnel to the kill site, the site of evisceration or both for purposes such as, but not limited to, verification of kill site or to obtain ovaries or other biological samples left behind.

          (y)  Each permittee or subpermittee shall carry a moose permit and each permittee and subpermittee 16 years of age or older shall carry a hunting license at all times when hunting for moose and registering the moose at the check station.

          (z)  Any person leaving moose parts in the field shall place parts out of sight of roads traveled by conventional vehicles.

Source. #4327, eff 10-22-87; ss by #4348, eff 12-22-87; ss by #4572, eff 2-3-89; amd by #4733, eff 1-22-90; amd by #5125, eff 4-26-91; amd by #5384, eff 4-29-92; amd by #5625, eff 6-1-93; ss by #5817, eff 4-26-94; amd by #6038, eff 5-17-95; ss by #6250, eff 5-22-96 (See Revision Note at part heading for Fis 301); ss by #6520, eff 5-31-97; ss by #6783, eff 6-30-98;  ss by #7699, eff 6-5-02; ss by #8085, eff 5-26-04; amd by #8357, eff 5-25-05; amd by #8931, eff 7-6-07; ss by #9163, eff 5-28-08; amd by #9720-A, eff 6-5-10, (paras (a)-(p) & (r)-(y)); amd by #9720-B, eff 6-5-10, (para (q)); amd by 9800-A, eff 1-1-11 para (k)

          Fis 301.08  Moose Registration at Biological Check Stations.

          (a)  The moose shall be presented at the nearest biological check station within 24 hours of the kill.

          (b)  The moose shall be transported in such a manner that a portion of the moose is open to view.

          (c)  Biological check stations shall be open daily during the open moose hunting season.  The day after the season closes moose shall be registered at any fish and game department regional office or at headquarters in Concord.

          (d)  The permittee shall provide the following on the moose kill report:

(1)  Date and time of kill;

(2)  Wildlife management unit, town, and locality of kill;

(3)  Weapon used;

(4)  Hunter’s name, address, telephone number, date of birth, sex, and license number, if required;

(5)  Biological information on the moose including the sex, beam diameter, number of points, estimated weight, estimated age, and

(6)  The hunter’s signature, signed subject to the penalties for making unsworn false statements under RSA 641:3.

          (e)  The permittee shall bring in to the biological check station at least the following:

(1)  The lower jaw;

(2)  The intact antler rack on an antlered moose;

(3)  The skull plate on a male antlerless moose;

(4)  The female reproductive tract including the ovaries and mammary sack; and

(5)  All edible portions of the moose.

          (f)  A moose registration seal as provided in RSA 208:9 shall be affixed by fish and game personnel to the moose for transportation.

Source.  #4327, eff 8-22-87; ss by #4572, eff 2-3-89; amd by #5125, eff 4-26-91; amd by #5384, eff 4-29-92; ss by #5625, eff 6-1-93; ss by #5817, eff 4-26-94; amd by #6038, eff 5-17-95; (See Revision Note at part heading for Fis 301); ss by #6520, eff 5-31-97; ss by #7699, eff 6-5-02; ss by #7921, eff 7-24-03; amd by #9720-A, eff 6-5-10, (paras (a)-(c) and (e) and (f)); amd by #9720-B, eff 6-5-10, (para (d))

          Fis 301.09  Moose Season Lottery.

          (a)  Application for the moose season lottery shall be made on an application described in Fis 1102.08.

          (b)  The applicant shall be at least 16 years of age by the application deadline.

          (c)  A non-refundable fee of $15 for residents or $25 for nonresidents, payable to New Hampshire fish and game department by cash, check or money order, shall accompany each application.

(d)  Only one application per person shall be entered in the lottery and applications are non-transferable.  Any person who provides an incorrect state of residency on an application shall be disqualified from the lottery process and shall not be eligible to receive a permit.  State of residency for purposes of the moose lottery application process shall be the person’s state of residence, pursuant to RSA 207:1, XXIII, at the deadline date for moose lottery applications.  Proof of NH residency shall be the applicant’s valid NH driver’s license or NH non-driver’s id card number issued by the NH department of safety, division of motor vehicles prior to the application deadline.

          (e)  Illegible applications and incomplete applications shall be returned and not considered.  Corrected applications may be resubmitted.

          (f)  No late entries shall be accepted.

          (g)  Bonus points shall be accrued in accordance with RSA 208:1-a, II-a.

          (h)  No person shall accrue more than one point in a given year’s lottery.

          (i)  A person’s accrued points shall be lost if:

(1)  The applicant fails to provide an eligible application for a given year’s lottery;

(2)  The applicant fails to provide notification of a driver's license number or non-driver identification number change as specified in (w);

(3)  The successful applicant has paid the permit fee and does not return the permit by October 1 as specified in (t); or

(4)  The applicant provides an incorrect state of residency as described in Fis 301.09(d).

          (j)  All applications shall be:

(1)  Turned in to the department headquarters by 4:00 p.m. on the last Friday in May;

(2)  Postmarked no later than midnight on the last Friday in May; or

(3)  Submitted on-line as long as the transaction was started prior to midnight eastern daylight time on the last Friday in May.

          (k)  Applications shall be assigned a number on a first come first served basis when received at the department headquarters.  Self-addressed and stamped receipts shall be returned as notification that the application has been received.

          (l)  The lottery drawing shall be:

(1)  Held after the season dates have been adopted by rules; and

(2)  Conducted in the following manner:

a.  Selection of winning numbers shall be done by computer selection of random numbers;

b.  A total of 395 application numbers shall be drawn;

c.  A total of 500 additional numbers shall be drawn as alternates;

d.  The 395 moose permits shall be allocated as specified in Table 300.01 below:

Table 300.01  Moose Permit Allocation Table

Wildlife management Unit

No. of Permits For Either Sex
Moose

No. of Permits Restricted To Antlerless Moose Only

A1

15

5

A2

45

20

B

40

10

C1

20

5

C2

30

5

D1

10

0

D2

10

0

E1

5

0

E2

5

0

E3

5

0

F

15

0

G

30

0

H1

10

0

H2-north

5

0

H2- south

5

0

I1

15

0

I2

20

0

J1

15

0

J2

20

0

K

10

0

L

10

0

M

10

0

e.  Based on the order of computer selection, applicants shall be assigned a permit as follows:

1.  Applicants shall be assigned a permit for either sex moose in a wildlife management unit indicated on their application;

2.  If all permits for either sex moose in those wildlife management units are filled, applicants shall:

(i)  Be assigned to a permit for an antlerless moose provided their application indicates they are willing to hunt antlerless moose in one of the wildlife management units having these permits available; and

(ii)  Not be assigned a permit if their application indicates they are not willing to hunt antlerless moose; and

3.  Once all of the initially drawn applicants have been considered for permits:

(i)  Alternates shall be used to fill the remaining permits; and

(ii)  Successful applicants drawn for a permit shall be notified by mail within 10 working days; and

f.  The percentage of nonresident numbers drawn shall not be greater than the percentage of nonresident hunting licenses sold during the previous calendar year, and nonresidents shall be randomly distributed throughout the wildlife management units.

          (m)  Alternates shall be chosen if a permittee chooses not to participate in the hunt and advises the department, in writing, of this decision.  Alternates shall be selected in the order in which they were originally drawn in the lottery.  Chosen alternates shall then be permittees.  Alternates shall be assigned to the wildlife management unit which was assigned to the original permittee.  These new permittees shall be notified by mail within 7 days after being selected.

          (n)  The permit fee shall be paid in full at fish and game headquarters in Concord no later than the last working day in July.  Late payments received via U.S. mail shall be accepted provided they were postmarked no later than midnight on the third Friday of July.  Alternates shall be chosen for applicants failing to pay the fee by the prescribed date.  Alternates selected shall then pay within 14 days after being notified.

          (o)  The permittee shall submit the information specified in (p) below on the permittee and the subpermittee, if a subpermittee is designated, to the fish and game department so that it shall be received at fish and game headquarters in Concord by the last working day in July.  Late information received via US mail shall be accepted provided they are postmarked not later than midnight on the third Friday in July. If an alternate is chosen as a permittee, designation of subpermittee and accompanying information shall be submitted with the payment.

          (p)  The information required in (o) of permittees and subpermittees shall be as follows:

(1)  Confirmation of the permittee’s intention to participate in the moose hunt signed subject to the penalties for making unsworn false statements under RSA 641:3;

(2)  The subpermittee’s:

a.  Complete name and mailing address;

b.  Date of birth; and

c.  Telephone number;

(3)  A signed statement from the permittee and the subpermittee that neither has paid or bartered any thing for the privilege of being designated as a subpermittee and that they each have read and understand the current moose hunting rules signed subject to the penalties for making unsworn false statements under RSA 641:3.

          (q)  The permittee shall obtain a permit described in Fis 1102.09.  There shall be no residency requirements for the subpermittee.

          (r)  No person shall act as a subpermittee for more than one permittee.

          (s)  The deadline for the permittee to change the subpermittee shall be 8 days prior to the start of the moose season.

          (t)  Once the fee for a moose permit has been paid, the permittee shall lose all accumulated points and not be eligible for the next 3 application periods, unless the permittee returns the permit prior to October 1 so that an alternate may be notified to participate in the moose hunt.

          (u)  No permittee shall sell or barter the subpermittee portion of their permit.

          (v)  No person shall possess more than one moose permit as a permittee.

          (w)  If a person’s driver’s license number or non-driver identification number changes, the applicant shall notify the department on the application.  If the department is not able to match the identity of the applicant with its records, the applicant shall provide their name, address, date of birth, their old identification number and new identification number.

          (x)  The executive director shall waive restrictions in the moose lottery process to delay the issuance of a moose permit for one year after being drawn due to a life-threatening illness or accident of the permittee or the permittee’s active duty military service, any of which prevents the permittee from participating in the moose hunt. 

          (y)  In order for the permit to be deferred, the permittee shall not have participated in any portion of the current year’s moose hunt and shall provide the following:

(1)  A request from the permittee to defer the permit which includes a brief explanation as to the deferment request signed subject to the penalties for making unsworn statements under RSA 641:3; and

(2)  Either:

a.  A signed statement from a physician stating that due to the permittee’s medical condition the permittee is physically not able to participate in the current year’s moose hunt; or

b.  In the case of active military service, federal documentation which shows that the permittee will be on active duty during the current year’s moose hunt.

          (z)  The permittee shall notify department headquarters no later than 4pm on the third Friday of October of said intent to defer the current year’s permit.

          (aa)  The information referenced in 301.09(y) and the permit shall be received at department headquarters no later than the second Friday of November.

 

          (ab)  The executive director shall authorize permits, in addition to the permits in (l)(2) d., if the director determines that a department error resulted in the rejection of an eligible application for a permit, provided the issuance will have no significant impact on the moose population and the application would have otherwise been successful based on its random number.

Source. #4327, eff 10-22-87; ss by #4572, eff 2-3-89; amd by #4733, eff 1-22-90; amd by #5125, eff 4-26-91; amd by #5384, eff 4-29-92; amd by #5625, eff 6-1-93; ss by #5817, eff 4-26-94; amd by #6038, eff 5-17-95; ss by #6250, eff 5-22-96 (See Revision Note at part heading for Fis 301); ss by #6520, eff 5-31-97; ss by #6783, eff 6-30-98; amd by #7107, eff 9-25-99; ss by #7289, eff 6-1-00; ss by #7699, eff 6-5-02; ss by #8019, eff 12-24-03; ss by #8085, eff 5-26-04; amd by #8249, eff 1-6-05; ss by #8357, eff 5-25-05; amd by #8517, eff 12-17-05; amd by #8644, eff 6-1-06; amd by #8914, eff 1-1-08; ss by #9163, eff 5-28-08; ss by #9720-A, eff 6-5-10; amd by #9948-A, eff 6-24-11


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