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Rules and Laws

NH Fish and Game Agency Rules (Fis)

 

301.05 – pertaining to bear kill reports rules and regulations

(a)  All persons reporting a bear kill to a New Hampshire conservation officer or personnel authorized by the director shall provide the following information on the bear registration form subject to the penalties for making unsworn false statements under RSA 641:3:

(1)  The hunter’s:

a.  Hunting license number;

b.  Name;

c.  Mailing and street address;

d.  Date of birth;

e.  Sex; and

f.  Telephone number;

(2)  The wildlife management unit and town where the bear was killed and specific locality within the town;

(3)  The date and time of kill;

(4)  The dressed weight and sex of the bear;

(5)  If female, teat length and lactation status;

(6)  Whether or not the bear was ear-tagged;

(7)  The method of hunting used, such as bait, hound, still hunting or stalking;

(8)  The number of days spent hunting for bear;

(9)  The species that was specifically hunted, such as bear, deer or other;

(10)  The firearm type and caliber, if appropriate;

(11)  Whether a guide was employed and if yes, the guide’s name;

(12)  What the bear was feeding on;

(13)  If the bear was killed over hounds, the name of the owner(s) of the hounds; and

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

 

(b)  The conservation officer or department personnel shall collect a premolar tooth from each bear.

 

(c)  The registering conservation officer or personnel authorized by the director shall puncture the skin of the bear and attach a numbered seal through the hole and securely fasten the seal.

 

(d)  The numbered seal shall not be removed from the skin of the animal until the skin is processed by tanning or other means.

 

Source.  #444, eff 6-17-74; amd by #1852, eff 11-5-81; ss By #2119, eff 8-12-82; ss by #2832, eff 8-21-84; ss by #3104, eff 8-22-85; amd by #3128, eff 10-1-85; ss by #4663, eff 8-21-89; ss by #4828, eff 6-1-90; ss by #6250, eff 5-22-96 (See Revision Note at part heading for Fis 301); ss by #7881, eff 4-26-03; ss by #8085, eff 5-26-04; ss by #8644, eff 6-1-06; amd by #9458, eff 4-21-09; amd by #9720-A, eff 6-5-10, (paras (b)-(d)); amd by #9720-B, eff 6-5-10, (para (a))

301.06 – pertaining to bear season rules and regulations

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

 

(b)  The open season for bear by the use of bow and arrow or firearms, by methods other than by the use and aid of dogs or bait shall be as follows:

(1)  Wildlife management units H2, K, L and M shall open September 1 and close September 21;

(2)  Wildlife management units A, B, C2, D1, G, H1, I1, I2, J1 and J2 shall open September 1 and close the day before firearms deer season as specified in Fis 301.03(e); and

(3)  Wildlife management units C1, D2, E and F shall open September 1 and close the 14th day of the regular firearms season as specified in Fis 301.03(f).

 

(c)  Black bear may be taken by the aid and use of bait in accordance with RSA 207:3-d, Fis 307.01 and Fis 307.02.

 

(d)  Dogs may be used for taking bear in wildlife management units A, B, C1, C2, D1, D2, E, F, G, H1, I1, I2, J1 and J2 for 51 consecutive days ending the last day of the muzzleloader deer season as specified in Fis 301.03(e).

 

(e)  Wild black bear may be taken by the aid and use of not more than 6 dogs, after obtaining a permit pursuant to Fis 1102.12.

 

(f)  Training of bear dogs shall be in accordance with Fis 305.02.

 

(g)  In addition to the requirements in RSA 207:3-e, no person shall use telemetry equipment to track or locate bear dogs within 300 feet of a building occupied as a person's principle place of abode.

 

(h)  Licensed guides may guide for taking bear during the open season as specified in Fis 301.06(b), Fis 301.06(c), and Fis 301.06(d).  The person licensed for guiding shall prior to guiding obtain from the department a permit to guide bear hunters.  There shall be a limit of 35 permits per season to guide for taking bear as specified in Fis 1102.06.  Bear guide permits shall be issued on a first-come first-served basis.

 

(i)  Each licensed guide who has been issued a permit to take a bear as described in Fis 1102.06 shall be issued 6 guided bear transportation tags described in Fis 1102.07 subject to the following:

(1)  All bear taken by hunters through the assistance of a licensed guide shall be tagged with both the hunters bear tag and a guided bear transportation tag from the guide who assisted the hunter;

(2)  Section A of the tag shall be signed by the hunter and securely affixed to the carcass of the bear immediately upon killing the bear;

(3)  Section A shall remain attached to the bear carcass or parts thereof until such time as the bear has been tagged by a New Hampshire conservation officer or fish and game personnel authorized by the director as required in Fis 301.06(p); and

(4)  Section B of the guided bear transportation tag shall be completely filled out and mailed or forwarded by the licensed guide to fish and game headquarters, 11 Hazen Drive, Concord, NH  03301 within 5 days of the time of the kill.

(5)  Guided bear transportation tags shall be non-transferable.

 

(j)  Wild black bear shall not be taken except by:

(1)  Firearms of a size larger than .22 caliber rimfire;

(2)  A shotgun loaded with a single ball;

(3)  Muzzleloaders not less than .40 caliber; or

(4)  Bow and arrow of at least 40 pounds peak weight measured at 28 inches or less draw.

 

(k)  No person shall use any device secured to or supported by the bow for the purpose of maintaining the bow string at full draw in a firing position.

 

(l)  Except as provided in RSA 207:7-a, bear shall not be taken by a bow while the person is in or on a motorized vehicle.

 

(m)  No arrow 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 to take bear, the name and address of the archer shall be plainly printed on each arrow.

 

(n)  Immediately upon killing a bear the licensee shall fill in the appropriate bear tag, sign the tag and attach the tag to the bear.

 

(o)  The bear tag shall contain the following:

(1)  The licensee’s name and street address;

(2)  The date and time of kill; and

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

 

(p)  Any person who kills wild bear pursuant to this section shall, within 12 hours from the time of taking, notify a conservation officer and, within 24 hours, exhibit the whole bear or the following body parts of a bear for tagging with a numbered seal by a New Hampshire conservation officer or fish and game personnel:

(1)  Entire carcass, skinned or quartered, excluding viscera;

(2)  Legs and feet;

(3)  Intact skull;

(4)  Hide; and

(5)  Sex organs, including teats from females so that a positive sex determination can be made.

 

(q)  At the time of tagging, the conservation officer or fish and game personnel shall remove a tooth from such bear and record other information as specified in Fis 301.05.

 

(r)  If requested, any person who kills a wild black bear shall be required to take fish and game personnel back to the kill site, the site of carcass 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.

 

(s)  No person shall take more than one wild black bear in a calendar year.

 

(t)  No person shall take bear by trapping or snaring.

 

(u)  No person shall possess the carcass or any part of the carcass of a wild black bear without the bear tag or registration seal attached to it or by special permission of the executive director or the executive director’s agent.

 

(v)  Notwithstanding Fis 301.06(u), no person shall possess a bear or any parts of the carcass of a bear given to the person by another unless each piece or package given to such person is clearly marked or labeled with the date of its receipt and the name and address of the donor.

 

Source.  #3104, eff 8-22-85; amd by #3128, eff 10-1-85; ss by #4116, eff 8-21-86; ss by #4296, eff 7-21-87; ss by #4462, eff 7-29-88; ss by #4663, eff 8-21-89; ss by #4828, eff 6-1-90; amd by #4859, eff 1-1-91; ss by #5198, eff 8-2-91; amd by #5411, eff 6-19-92; amd by #5458, eff 8-28-92; amd by #5660, eff 6-28-93; ss by #5828, eff 5-24-94; amd by #6041, eff 5-18-95; amd by #6193, eff 2-22-96; 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; amd by #7427, eff 1-17-01; ss by #7699, eff 6-5-02; ss by #8085, eff 5-26-04; amd by #8249, eff 1-6-05; ss by #8644, eff 6-1-06; amd by #8931, eff 7-6-07; ss by #9163, eff 5-28-08; amd by #9458, eff 4-21-09; amd by #9720-A, eff 6-5-10, paras (a)-(n) & (p)-(t)); amd by #9720-B, eff 6-5-10, (para (o)); amd by #9948-A, eff 6-24-11, (paras (a)-(n) & (p)-(v); amd by #9948-B, eff 6-24-11, (para (o))

301.07 – pertaining to moose season rules and regulations

(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)

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))

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 PM 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

305 – pertaining to dog training rules and regulations

Statutory Authority:  RSA 206:10, I and RSA 207:12-a.

          Fis 305.01  Prohibition on Night Training.  Holders of dog training permits under Fis 1106.05 shall not train dogs at night except that night training shall be allowed when raccoons are the animal to be pursued.

Source.  #1670, eff 11-20-80; ss by #2832, eff 8-21-84; ss by #4858, eff 7-5-90; ss by #6193, eff 2-22-96; ss by #7881, eff 4-26-03, EXPIRED: 4-26-11

New.  #9977, INTERIM, eff 8-20-11, EXPIRES: 2-16-12

          Fis 305.02  Training of Bear Dogs.

          (a)  Training of bear dogs in accordance with RSA 207:12-a shall be as follows:

(1)  Training shall be prohibited from March 1 through July 14 statewide; and

(2)  Training shall be prohibited during the open season in wildlife management units open to the taking of bear by any method.

Source.  #6193, eff 2-22-96; ss by #6292, eff 7-20-96; ss by #7289, eff 6-1-00, EXPIRED: 6-1-08

New.  #9236, INTERIM, eff 8-22-08, EXPIRED: 2-18-09

New.  #9405, eff 3-7-09

1102.06 – pertaining to bear guide permit rules and regulations

          (a)  A New Hampshire licensed guide shall make application to the New Hampshire fish and game department on Form F&G 401A by providing the following:

(1)  Name, address, telephone number of applicant;

(2)  New Hampshire hunting license number for the year in which the permit is sought;

(3)  New Hampshire hunting guide license number for the year in which the permit is sought;

(4)  Type of guiding whether with dogs, over bait, stalking or still hunting; and

(5)  Signature of applicant, signed subject to the penalties for making unsworn false statements under RSA 641:3.

          (b)  Requests for bear guide permits shall only be accepted after April 15 of any year.

          (c)  Permits shall be non-transferable.

Source.  (See Revision Note at chapter heading for Fis 1100) #8183, eff 9-28-04 (formerly Fis 1102.16); amd by #8295, eff 3-1-05; amd by #9800-A, eff 1-1-11, (para (b)); amd by #9800-B, eff 1-1-11, (para (a)); amd by #9948-A, eff 6-24-11, (paras (b)&(c)); amd by #9948-B, eff 6-24-11, (para (a))

          Fis 1102.07  Guided Bear Transportation Tags.

          (a)  Guided bear transportation tags, which are divided into 2 sections, shall be completed as follows:

(1)  The hunter shall provide the following on Section A:

a.  Name of hunter killing the bear;

b.  Address of hunter;

c.  Hunting license number, including the prefix;

d.  Name of the guide;

e.  Guide’s license number;

f.  Date and time of kill;

g.  Town of kill; and

h.  Signature of the hunter, signed subject to the penalties for making unsworn false statements under RSA 641:3; and

(2)  The guide shall provide the following on Section B:

a.  Name of the hunter killing the bear;

b.  Address of hunter;

c.  Hunting license number including prefix;

d.  Name of guide;

e.  Guide’s license number;

f.  Town of kill;

g.  Sex of bear; and

h.  Signature of guide, signed subject to the penalties for making unsworn false statements under RSA 641:3.

Source.  (See Revision Note at chapter heading for Fis 1100) #8183, eff 9-28-04 (formerly Fis 1102.17); ss by #9800-B, eff 1-1-11

1102.12 – pertaining to use of dogs to take bear rules and regulations

          (a)  Applicants for a permit to use dogs to take bear shall provide on a form provided by the department:

(1)  Name and address of applicant;

(2)  New Hampshire hunting license number;

(3)  Telephone number of applicant;

(4)  Date of birth of applicant;

(5)  Date of permit;

(6)  The individual frequency of each radio collar to be utilized while taking bear if applicable; and

(7)  Signature of applicant, signed subject to the penalties for making unsworn false statements under RSA 641:3.

          (b)  Prior to hunting, the permittee shall distribute the copies of the permit as follows:

(1)  The white copy shall be retained on the permittee while hunting bear with dogs; and

(2)  The canary copy shall be submitted to the fish and game department.

          (c)  The permit to take bear with dogs shall become effective when the canary copy is presented in hand at fish and game headquarters or regional office, or submitted to a conservation officer.

          (d)  A permit to take bear with dogs shall be valid for a single permittee only and have only the permittee’s name entered on the permit.

          (e)  A permit to take bear with hounds shall expire at the end of the dog hunting season for bear as specified in Fis 301.03(d), in the year for which the permit was issued.

Source.  (See Revision Note at chapter heading for Fis 1100) #8183, eff 9-28-04 (formerly Fis 1105.03); amd by #9720-A, eff 6-5-10, (paras (b)-(e)); amd by #9720-B, eff 6-5-10, (para (a))

1106.05 – pertaining to training dogs rules and regulations

          (a)  Applicants for a permit to train dogs under RSA 207:12-a shall make application which shall include:

(1)  The name, address and telephone number of the applicant;
(2)   Applicants date of birth;

(3)  The number and breed of dogs to be trained, the current and valid dog license numbers or the kennel license number, and the name of the town where licensed;

(4)  The species of animal or bird which will be utilized for the training of the dogs;

(5)  The time of day and day of the week proposed for such training;

(6)  The type and number of the hunting license held by the applicant;

(7)  The individual frequencies to be utilized while training; and

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

Source.  (See Revision Note at chapter heading for Fis 1100) #8183, eff 9-28-04 (formerly Fis 1105.01); ss by #9800-B, eff 1-1-11

1300 – pertaining to guides rules and regulations

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

 

State of New Hampshire Laws (RSA)

 

207:3-d – pertaining to baiting rules and regulations

TITLE XVIII

FISH AND GAME
CHAPTER 207
GENERAL PROVISIONS AS TO FISH AND GAME

Definitions, Inclusions, Methods of Taking, Etc.
Section 207:3-d
    207:3-d Baiting. –
    I. The executive director shall adopt rules, pursuant to RSA 541-A, relative to the opening and closing of the season for the practice of baiting for coyote, furbearing animals, game birds, or game animals with the exception of gray squirrel.
    II. No person shall engage in the act of baiting on the property of another unless he has secured from the owner or occupant of the property upon which the bait is to be deposited a permit in writing, signed by the owner or occupant, and until he has filed a copy of the permit with the conservation officer in whose district the person plans to bait, together with a topographic map or copy thereof showing the specific location of the bait site.
    III. Notwithstanding the provisions of this section, persons holding a valid trapping license who have complied with the landowner permit requirements of RSA 210:11 shall be allowed to place bait for the trapping of fur-bearing animals during the open season.
    IV. Notwithstanding the provisions of this section, the executive director may grant a special permit for scientific purposes, animal damage control, or for any other purpose at the discretion of the executive director.
    V. Notwithstanding the provisions of this section, no person shall place bait less than 300 feet from a dwelling or public roadway, pathway or trail.
Source. 1991, 224:2. 1995, 59:1. 2008, 65:2, eff. July 20, 2008.

207:12-b – pertaining to dog rules and regulations

TITLE XVIII

FISH AND GAME
CHAPTER 207
GENERAL PROVISIONS AS TO FISH AND GAME

Dogs
Section 207:12-b
    207:12-b Restriction on Nonresident's Dog Training and Use of Dogs for Hunting. –
    I. Notwithstanding RSA 207:12-a, a nonresident shall not train or use dogs for hunting any specific wildlife species in this state during the period when residents of New Hampshire are prohibited from training or using dogs for hunting such wildlife species in the nonresident's state of residence or province or territory of Canada. This section shall also apply in cases in which the nonresident's state of residence or province or territory of Canada restricts or limits the number of dog training or dog hunting permits which are issued to citizens of New Hampshire.
    II. For the purposes of this section, the executive director shall determine the states, provinces or territories which prohibit or limit New Hampshire residents from the training or use of dogs for hunting. Such determination as to the degree of reciprocity shall be final.
Source. 1986, 100:1. 1991, 363:1, eff. July 2, 1991.

215:1 – pertaining to registration of licensing of guides rules and regulations

TITLE XVIII

FISH AND GAME
CHAPTER 215
REGISTRATION AND LICENSING OF GUIDES

Section 215:1
    215:1 When Required. – No person shall engage in the business of guiding, until he has registered with the executive director and procured from him a license so to do.
Source. 1935, 124:8. RL 248:1.
Section 215:2
    215:2 Application for License; Issue. – Application for a license shall be made to the executive director, or to some person designated by him. The executive director shall prescribe rules and regulations under which such licenses shall be issued.
Source. 1935, 124:8. RL 248:2.
Section 215:2-a
    215:2-a Information; Register of Licensed Guides. – The executive director shall furnish a copy of the rules and regulations under which such licenses are issued, with the necessary application form to applicants for license under this chapter. The executive director shall maintain a register of all persons licensed as guides in this state.
Source. 1961, 190:1, eff. Aug. 21, 1961.
Section 215:3
    215:3 Cancellation of License. – Any licensed guide who violates any provision of this title, or who violates any rule or regulation promulgated by the executive director, or who makes any false statement in his application for a license, or who otherwise, in the judgment of the executive director, is deemed unsuitable to act as a guide, shall immediately forfeit and surrender his license.
Source. 1935, 124:8. RL 248:3.
Section 215:4
    215:4 Fee for License. –
    I. Except as provided in RSA 215:5, II, every resident applicant for a license as a guide to hunt shall pay to the executive director therefor the sum of $59.50.
    II. Except as provided in RSA 215:5, II, every resident applicant for a license as a guide to fish shall pay to the executive director therefor the sum of $59.50.
    III. Every nonresident applicant for a license as a guide to hunt shall pay to the executive director therefor the sum of $200.50.
    IV. Every nonresident applicant for a license as a guide to fish shall pay to the executive director therefor the sum of $200.50.
Source. 1935, 124:8. RL 248:4. 1951, 181:6. RSA 215:4. 1961, 190:2. 1975, 168:1. 1983, 251:2. 1986, 214:15, eff. Nov. 15, 1986.
Section 215:5
    215:5 Qualifications of Licensee. –
    I. A person licensed as a guide shall be at least 18 years of age. He shall furnish such recommendations as the executive director shall require. He shall be skilled in the use, management and handling of such boats or canoes as are customarily used in fishing and hunting, and shall be a safe and competent person under all circumstances to be a guide for hunting or fishing parties.
    II. Every resident 65 years of age or older who has been a licensed guide in this state for 5 or more years may obtain a license as a guide to fish or to hunt not by payment of the fees prescribed in RSA 215:4, I and II, but rather by payment of only the cost of issuing said license as determined by the executive director.
[Paragraph III effective January 1, 2012.]

    III. Individuals who are licensed operators of for-hire vessels pursuant to RSA 214:9, XVI(b) for recreational fishing in coastal and estuarine waters shall possess a United States Coast Guard issued Master License or an Operator of Uninspected Passenger Vessels License, and shall have current basic first aid and CPR certification from a course requiring a practical examination or have a crew member on board the licensed for-hire vessel who possesses the required certification. Such individuals licensed pursuant to RSA 214:9, XVI(b) shall be exempt from all other provisions of this chapter when operating such for-hire vessels in coastal and estuarine waters. Any individual exempted under this paragraph shall present the vessel license and first aid certification upon demand of any person.
Source. 1935, 124:8. 1937, 188:27. RL 248:5. RSA 215:5. 1983, 251:3, eff. Aug. 17, 1983. 2011, 55:1, eff. Jan. 1, 2012.
Section 215:6
    215:6 Expiration of License. – Every license issued shall expire with the calendar year.
Source. 1935, 124:8. RL 248:6.
Section 215:7
    215:7 Badges. – Every licensed guide, while engaged in the business of guiding, shall wear in a conspicuous place on his clothing a badge to be furnished by the executive director upon the issuance of the license.
Source. 1935, 124:8. RL 248:7.
Section 215:8
    215:8 Reports. – [Repealed 1981, 148:6, IX, eff. July 1, 1981.]
Section 215:9
    215:9 Penalty. – Whoever violates any provision of RSA 215 or any rule or regulation of the executive director made thereunder, shall be guilty of a violation, and, if a licensed guide, shall forfeit his license in the discretion of the executive director.
Source. 1935, 124:8. RL 248:9. RSA 215:9. 1973, 531:64, eff. Oct. 31, 1973 at 11:59 PM.