CHAPTER
Fis 800 THE IMPORTATION, POSSESSION AND
USE OF ALL WILDLIFE
Statutory
Authority: RSA 207:14, RSA 211:62-e, RSA
211:64 and RSA 212:25
REVISION
NOTE:
Document #6889, effective 11-21-98,
made various changes by moving and renumbering various subsections and
restructuring of Chapter Fis 800.
Document #5507 effective 11-20-92,
made extensive changes to the wording, format, and structure of Chapter Fis
800. Document #5507 replaces all prior
filings for the sections in this chapter.
The prior filings for former Fis 800 include the following documents:
#745,
eff 1-25-76; #1670, eff 11-20-80; #2079, eff 7-5-82; #2839, eff 8-31-84;
EXPIRED 8-31-90; #4934, eff 9-19-90; #5414, Interim, eff 6-19-92; EXPIRED 10-17-92
PART
Fis 801 CHAPTER DEFINITIONS
Fis 801.01 "Aquaculturist" means any person
who is engaged in aquaculture as defined in RSA 211:62-e.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889; eff 11-21-98; EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 801.02 "Aquatic species" means
"aquatic species" as defined in RSA 211:62-e.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889; eff 11-21-98; EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 801.03 "Closed system" means a type of
water system where the water is re-circulated, and no water is discharged into
the environment and the wildlife or marine species held in the system cannot
escape.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889; eff 11-21-98; EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 801.04 "Controlled" means that the
wildlife species or activity such as the collection, importation,
transportation, possession, sale, transfer or release
of that wildlife is restricted.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 801.05 "Department" means the fish and
game department.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 801.06 "Endangered species" means
"endangered species" as defined in RSA 212-A:2, IV.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New.
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 801.07 "Exhibitor" means any person
engaged in the showing, displaying or training of
wildlife for the purpose of public viewing of the wildlife whether or not a fee
is collected, and who possesses, if applicable, a current United States
Department of Agriculture exhibitor's permit and/or US Fish and
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8893, eff 6-5-07,
EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 801.08 "Exotic species" means wildlife
that are non-indigenous species.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, eff 6-5-07,
EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 801.09 "Extirpated indigenous species"
means wildlife species that were known to be indigenous to the state but are
presently not found within the state.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07,
EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 801.10 "Fishing preserve" means a
privately owned or leased body of water which provides an opportunity, upon the
payment of a fee, for taking fish in a fee fishing operation where fish have
been placed on the property for such purposes, whether operated commercially or
non-profit.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07,
EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 801.11 "Import" means bringing or causing
wildlife to be transported into the state by any means.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07,
EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 801.12 "Indigenous" means wildlife species
that are naturally occurring or naturalized in
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07,
EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 801.13 "Individual person" means a one
natural person.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07,
EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 801.14 "Marine species" means "marine
species" as defined in RSA 207:1, XV.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07,
EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 801.15 "Naturalized species" means an
exotic or an introduced species of wildlife that has become established in
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07,
EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 801.16 "Non-controlled" means that the
wildlife species or activity such as the collection, importation,
transportation, possession, exhibition or the sale, transfer or release of that
wildlife is not subject to regulation by the department.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07,
EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 801.17 "Person" means "person"
as defined in RSA 207:1, XX.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07,
EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 801.18 "Possess" means
"possession" as defined in RSA 207:1, XXI, and includes the keeping,
holding or restricting of wildlife.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07,
EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 801.19 "Prohibited" means that the
wildlife species or activity such as the collection, importation,
transportation, possession, sale, transfer or release of that wildlife is not
allowed.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07,
EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 801.20 "Propagate" means the raising,
possessing or reproduction of wildlife for the purposes of sale or other
pecuniary gain.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
New. #8893, eff 6-5-07,
EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15,
EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 801.21 "Propagator" means a person engaged
in the activity of propagating wildlife.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07,
EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 801.22 “Regulated shooting area” means a hunting
preserve as described in RSA 212:25, and an operation on privately owned or
leased property which provides an opportunity for taking wildlife that have
been placed on the property for such purposes, whether operated commercially or
non-profit.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
New. #8893, eff 6-5-07,
EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 801.23 "Take or taking" means "take
or taking" as defined in RSA 207:1, XXVII.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07,
EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 801.24 "Threatened species" means
"threatened species" as defined in RSA 212-A:2, V.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07,
EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 801.25 “Venomous reptile” means a reptile normally
found in a venomous state in the wild and is normally capable of inflicting
serious or fatal injuries to humans.
“Venomous reptile” includes those reptiles in which the venom glands
have been surgically removed.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07,
EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 801.26 "
Source. #8893, eff 6-5-07 (from Fis 801.25),
EXPIRED:
6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
PART Fis 802 GENERAL CHAPTER REQUIREMENTS
Fis 802.01 Permittee Categories.
(a)
For purposes of this chapter the permittee categories shall be as
follows:
(1) An individual person shall be permittee
category 1;
(2) A propagator shall be permittee category 2;
(3) An individual training and shooting permittee
shall be category 3.
(4) The person operating a regulated shooting
area shall be permittee category 4;
(5) An exhibitor shall be permittee category 5;
and
(6) An aquaculturist shall be permittee category
6;
(7) A field trial permittee shall be permittee
category 7.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07; amd by #9790-A, eff 1-1-11;
paras. (a)(2)-(6) EXPIRED: 6-5-15; ss by #10868, INTERIM, eff
6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 802.02 Applicants. Applicants for permits under Fis 800 shall
make application subject to the penalties for making unsworn falsification
under RSA 641:3.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 802.03 Exemptions.
(a)
The executive director and his employees shall be excluded from the
requirements of this chapter while acting in the performance of their official
duties.
(b)
The aquaculture and sale of live fish or aquatic invertebrates for
fishing bait shall be in accordance with Fis 807.
(c)
The capture, possession, and propagation of birds for falconry in
accordance with RSA 209-A and Fis 813 shall be exempt from Fis 803, Fis 804 and
Fis 806 dealing with importation, possession, and propagation of wildlife.
(d)
Rehabilitators may possess indigenous species of wildlife for the
purpose of rehabilitating under Fis 812.
(e)
Persons possessing wildlife legally taken and possessed under other
licenses under RSA Title XVIII shall not be required to obtain a permit to
possess wildlife under this chapter.
(f)
The provisions of this chapter shall not apply to an owner or person
possessing a wolf hybrid as defined in RSA 466-A, or a domesticated show or pet
cat registered with a nationally or internationally recognized breeding
association or registry which certifies the pedigree and registration of such
cat to be without any wild felid parentage for a minimum of three generations.
(g)
Persons taking or possessing wildlife pursuant to a scientific permit
issued under RSA 214:29 shall be exempt from the provisions of this chapter.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16; ss by #12768, eff 5-3-19
Fis 802.04 Expiration. All annual permits shall expire on December
31 of the year of issuance and the permittee shall be responsible for
requesting renewal.
Source. #6889, eff 11-21-98; EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #11029, eff 1-26-16 (from Fis 802.05)
Fis 802.05 Waiver.
(a)
Any person seeking to import or possess species not specifically listed
as non-controlled, controlled, or prohibited for purposes of importation or
possession, as detailed below, shall submit a waiver application, in addition
to the applicable permit application, to the executive director no less than 90
days prior to the importation date or the date the individual plans to take
possession of the animal.
(b) No waiver or permit shall be issued if there
is any significant disease, genetic, ecological, environmental, health, safety
or welfare risks to the public or other wildlife species. In order to make such a determination for any
prohibited species the executive director shall consider information about the
species including, but not limited to the following:
(1) Life cycle;
(2) Life history;
(3) Reproduction habits;
(4) Habitat requirements;
(5) Interaction with indigenous species for
food/habitat;
(6) The ability of the species to survive in
(7) Geographic distribution in the wild;
(8) Source of wildlife;
(9) Physical description, such as fur, color, body
length;
(10) Shelter needs;
(11) Diet;
(12) Value;
(13) Related species; and
(14) History of diseases, pathogens and parasites
in that or related species.
(c)
No waivers under this section shall be issued to individuals in permittee
categories 1, 2, 3, 4, 6, or 7.
Source. #6889, eff 11-21-98; EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07 (from Fis 802.06), EXPIRED:
6-5-15
New. #10868, INTERIM, eff 6-25-15, , EXPIRED:
12-22-15
New. #11029, eff 1-26-16
PART Fis 803 IMPORTATION OF WILDLIFE
REVISION NOTE:
Document
#10868, effective 6-25-15, adopted, readopted, or readopted with amendments as
an interim rule all of the rules in Chapter Fis 800 on importation, possession,
and use of all wildlife. The rules being
adopted, or the amendments in rules being readopted with amendments, were
provisions which had expired on June 5, 2015.
The rules in Fis 800 as filed in Document #10868 therefore remained
unchanged from those in effect prior to June 5, 2015.
Document
#10868 readopted Fis 803.10 through Fis 803.14 and renumbered them as Fis 803.09
through Fis 803.13. The former Fis
803.09 on importation of salmonids had previously been repealed by Document
#10279, effective 2-28-13, and its number had been reserved. See the Revision Note at chapter heading for
Fis 800 for filings affecting Fis 800 before Document #5507. The
filings for Fis 803.09 on importation of salmonids from Document #5507 to
Document # 10279 include the following documents
#5507, effective
11-20-92
#6889, effective
11-21-98
#8120, effective
7-16-04
#8893, effective
6-5-07
#10279, effective
2-28-13
The source notes for
rules Fis 803.09 through Fis 803.13 renumbered by Document #10868 indicate the
former rule number. The document numbers
and effective dates apply to the rule under that former rule number.
Fis 803.01 Part Definitions.
(a)
"Salmonids" means all species and hybrids of the family
Salmonidae, a list of which is available in the American Fisheries Society,
Special Publication No. 34, "A List of Common and Scientific Names of
Fishes from the United States, Canada and Mexico", Seventh Edition 2013.
(b)
"Warmwater species of fish" for purposes of this part means
those species of fish of the following families:
(1) Centrarchidae;
(2) Esocidae;
(3) Percidae;
(4) Ictaluridae;
(5) Moronidae
(c)
"Zone 1" means the area that includes the continental
(d)
"Zone 2" means the area that includes the states of
Washington, Oregon, California, Idaho, Alaska, British Columbia or any European
country.
Source. (See Revision Note at chapter heading for Fis
800) rpld by #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07; amd by #10541, eff 4-1-14;
paras. (b)-(d) EXPIRED: 6-5-15; ss by #10868, INTERIM, eff
6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 803.02 Compliance Requirements.
(a)
All wildlife imported into the state shall be in compliance with any
requirements of the
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; amd by #8431, eff 9-20-05;
EXPIRED: 11-21-06 (except para. (b)(5)c.); ss by #8767, INTERIM, eff 11-22-06,
EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 803.03 Non-controlled Species - Importation.
(a) A
permit to import wildlife shall not be required for any person to import
wildlife designated as non-controlled as specified
in Fis 803.03(b).
(b) For
purposes of this part, the following species or groups of wildlife shall be
designated as non-controlled:
(1) Ornamental
aquarium fish, both fresh and marine, that shall be kept in a closed
system;
(2) Non-indigenous
amphibians;
(3) Western Hognose
Snake;
(4) Non-venomous
reptiles, except the following:
a. Indigenous reptile species listed in Table
800.1;
b. Alligator (Alligatoridae, spp.); and
c. Crocodile (Crocodylidae, spp.);
(5) Non-living
indigenous amphibians and reptiles, listed in Table 800.1 for category 1;
(6) The following
birds:
a. Cockatiel (Nymphieus hollandicus);
b. Canaries
(Serinus spp);
c. Parrots
(Psittaciformes);
d. Parakeets
(Budgerigar);
e. Mynah Birds
(Acridotheres spp);
f. Finches
(Estrildidae);
g. Pekin robins
(Leiothrix lutea);
h. Weavers
(Placeidae);
i. Toucans
(Ramphastiske);
j. Button quail
(Turnicidae);
k. P igeons and
doves (Columbiformes), exotic;
l. Feral
pigeons (Columba domestica and C. livia);
m. Emu
(Dromaius novaehollandire);
n. Ostrich
(Struthio camelus);
o. Rhea
(Rheidae);
p. Exotic
migratory, except mute swans;
q. Mallard (Anas
platyrhynchos); and
r. Gallinaceous
Birds, except:
1. Grouse,
Ruffed (Bonasa umbellus); and
2. Grouse,
Spruce (Dendragapus canadensis);
(7) The following
mammals:
a. Bison
(Bison bison; B.bonasus);
b. Wild Boar
(Sus scrofa);
c. Camel
(Camelus spp);
d. Chinchillas,
domesticated (Chinchilla spp);
e. Degus
(Octodon degus);
f. Deer,
Fallow (Dama dama);
g. Gerbils,
domesticated (Cavia spp);
h. Guanco (Lama quanicoe);
i. Guinea pigs, domesticated
(Cavia spp);
j. Hamsters,
domesticated (Cricetus cricetus);
k. Mice,
domesticated (Mus musculus);
l. Rats,
domesticated (Rattus norvegicus and Rattus rattus);
m. Ferrets,
domesticated (Mustela putoricus furo);
n. Llamas
(Lama glama);
o. Alpacas
(Lama pacos);
p. Pot
belly pigs, domesticated;
q. Rabbits,
domesticated;
r. African
pigmy hedgehog;
s. Sugar
glider (Petaurus breviceps);
t. Tenrec
(Tenrec ecaudatus);
u. Yak
(Bos grunniens);
v. Zebra
(Equus burchelli, E. grevyi, E. zebra); and
w. Asian
water buffalo (Babalus bubalis); and
(8) All
marine species originating in the western portion of the North Atlantic Ocean
and connected saltwater bays and estuaries, except anadromous and catadromous
species.
Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6191, eff 2-22-96; ss by #6889, eff 11-21-98, EXPIRED 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
New. #8893, eff 6-5-07 (from Fis 803.02); amd by
#10541, eff 4-1-14; EXPIRED: 6-5-15 (except para. (b)(5)d.); ss by #10868,
INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16; ss by #13513, eff 1-1-23
Fis 803.04 Prohibited
Species - Importation.
(a) No person shall import wildlife
that has been designated as prohibited pursuant to Fis 803.04(b)
or Fis 803.05(b).
(b) For the purposes of this part,
the following species or groups of wildlife shall be designated as
prohibited:
(1) The
following invertebrates:
a. Zebra mussels
(Dreissena polymorpha, D. bugensis);
b. Spiny waterflea (Bythotrephes cederstroemi);
c. Fishhook waterflea (Cercopagis pengoi);
d. All
non-indigenous crayfish; and
e. Asiatic clam
(Corbicula fluminea);
(2) The following
fish:
a. Walking
catfish (Clarias batrachus);
b. White
amur/grass carp (Ctenopharyngodon idella);
c. Black carp
(Mylopharyngodaon piceus);
d. European rudd (Scardinius erythophthalmus);
e. Round goby
(Neogobius melanostomus);
f. Tubenose goby
(Proterhinus marmoratus);
g. Ruffe
(Gymnocephalus cernuus);
h. Snakeheads
(Family: Channidae);
i. Bighead carp (Hypophthalmichthys nobilis);
and
j. Silver carp
(Hypophthalmichthys molitrix); and
(3) The following
mammals and their hybrids:
a. Caribou/Reindeer
(Rangifer tarandus);
b. Deer, white-tailed (Odocoileus virginianus);
c. Deer, Red (Cervus elaphus);
d. Deer, Sika
(Cervus nippon);
e. Elk (Cervus elaphus canadensis);
f.. Moose
(Alces alces); and
g. Raccoon dog
(Nyctercutes procyonides).
Source. #5721, eff 10-14-93 (renumbered by #6889,
formerly Fis 803.041), EXPIRED: 10-14-99
New. #8893, eff 6-5-07 (from Fis 803.03); amd by
#10541, eff 4-1-14; paras. (a) and (b)(1)-(3) EXPIRED:
6-5-15; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16; ss by #13513, eff 1-1-23
Fis 803.05 Permits to Import Wildlife.
(a)
No live wildlife or their hybrids, designated as controlled, or the eggs
or progeny thereof, shall be imported into the state for any purposes without a
permit to import wildlife or except as otherwise permitted under RSA 207:1-a,
RSA 214:34-d, RSA 209-A:3, IV, and Fis 810.07(d).
(b)
All species not specifically designated and listed under the categories
of non-controlled, prohibited, or controlled shall be designated as prohibited.
(c)
The executive director shall review each application to import wildlife
and shall make a determination as to whether such importation shall be
permitted. No permit shall be issued if
there is any significant disease, genetic, ecological, environmental, health,
safety, or welfare risks to the public or other wildlife species.
(d)
An application for a permit to import wildlife for any species
designated as controlled shall be submitted to the department no less than 30
days in advance of the requested importation date.
(e)
Applicants for a permit to import wildlife who already hold a permit to possess, propagate,
exhibit or other special permit shall provide such permit number on the
application to import as evidence that the applicant holds the necessary permits
to possess and/or release wildlife.
(f)
A permit to import wildlife shall expire December 31 of the year issued.
(g)
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; amd by #5721, eff 10-14-93; ss by #6889, eff 11-21-98,
EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 803.06 Controlled Species - Importation.
(a)
A permit to import wildlife shall be required for all species, including
hybrids, designated as controlled as cited in Table 800.01.
(b)
A permit shall be issued only to a person in the permittee
category(ies), as defined in Fis 802.01, and cited in Table 800.1 below:
Table 800.1
Controlled Species Table
|
PERMITTEE
CATEGORY |
SPECIES |
SCIENTIFIC NAME |
|
|
|
|
Amphibians |
1,5 |
American toad |
Anaxyrus americanus |
|
5 |
Fowler’s toad |
Anaxyrus fowleri |
|
1,5 |
Gray treefrog |
Hyla versicolor |
|
1,5 |
Spring peeper |
Pseudacris
crucifer |
|
1,5 |
American
bullfrog |
Lithobates
catesbeiana |
|
1,5 |
Green frog |
Lithobates
clamitans |
|
1,5 |
Pickerel frog |
Lithobates
palustris |
|
5 |
Northern leopard
frog |
Lithobates
pipiens |
|
1,5 |
Mink frog |
Lithobates
septentrionalis |
|
1,5 |
Wood frog |
Lithobates
sylvatica |
|
5 |
|
Ambystoma
jeffersonianum |
|
5 |
Blue-spotted
salamander |
Ambystoma
laterale |
|
5 |
Jefferson X
blue-spotted salamander hybrids |
Ambystoma
jeffersonianum X laterale |
|
1,5 |
Spotted
salamander |
Ambystoma maculatum |
|
5 |
Marbled
salamander |
Ambystoma opacum |
|
1,5 |
Northern
two-lined salamander |
Eurycea
bislineata |
|
1,5 |
Northern dusky
salamander |
Desmognathus
fuscus |
|
5 |
Spring
salamander |
Gyrinophilus
porphyriticus |
|
5 |
Four-toed
salamander |
Hemidactylium
scutatum |
|
1,5 |
Eastern
red-backed salamander |
Plethodon
cinereus |
|
5 |
Northern slimy
salamander |
Plethodon
glutinosus |
|
5 |
Common Mudpuppy |
Necturus
maculosus |
|
1,5 |
Red-spotted newt |
Notophthalmus
viridescens |
|
|
|
|
|
|
|
|
|
|
|
|
Reptiles |
|
|
|
|
5 |
Alligator |
Alligatoridae,
spp |
|
5 |
Crocodile |
Crocodylidae,
spp |
|
5 |
All venomous
reptiles |
|
|
5 |
Blanding's
turtles |
Emydoidea blandingii |
|
5 |
Eastern box
turtles |
Terrapene |
|
5 |
Spotted turtles |
Clemmys guttata |
|
5 |
Wood turtles |
Glyptemys insculpta |
|
1,5 |
Musk turtle |
Sternotherus odoratus |
|
1,5 |
Painted turtle |
Chrysemys picta |
|
1,5 |
Snapping turtle |
Chelydra
serpentina |
|
5 |
Black racer |
Coluber
constrictor |
|
1,5 |
Ring-necked
snake |
Diadophis
punctatus |
|
5 |
Eastern hognose
snake |
Heterodon
platirhinos |
|
1,5 |
Eastern
milksnake |
Lampropeltis
triangulum triangulum |
|
1,5 |
Northern
watersnake |
Nerodia sipedon |
|
5 |
Smooth
greensnake |
Opheodrys
vernalis |
|
1,5 |
Brown snake |
Storeria dekayi |
|
1,5 |
Red-bellied
snake |
Storeria occipitomaculata |
|
5 |
Ribbon snake |
Thamnophis
sauritus |
|
1,5 |
Garter snake |
Thamnophis
sirtalis |
|
|
|
|
|
|
|
|
Fish |
|
|
|
|
1, 6 |
Tilapia |
|
|
1, 6 |
Hybrid striped
bass |
|
|
1, 6 |
Alewife |
Alosa pseudoharengus |
|
1, 6 |
American brook
lamprey |
Lethenteron
appendix |
|
1, 6 |
American Eel |
|
|
1, 6 |
American Shad |
Alosa
sapidissima |
|
1, 6 |
Atlantic Salmon |
Salmo salar |
|
1, 6 |
Banded Killifish |
Fundulus
diaphanus |
|
1, 6 |
Banded Sunfish |
Enneacanthus
obesus |
|
1, 6 |
Black Crappie |
Pomoxis
nigromaculatus |
|
1, 6 |
Blacknose Dace |
Rhinichthys
atratulus |
|
1, 6 |
Blacknose Shiner |
Notropis
heterolepis |
|
1, 6 |
Blueback Herring |
Alosa aestivalis |
|
1, 6 |
Bluegill |
Lepomis
macrochirus |
|
1, 6 |
Bridle Shiner |
Notropis
bifrenatus |
|
1, 6 |
Brook Trout |
Salvelinus
fontinalis |
|
1, 6 |
Brown Bullhead |
Ameiurus
nebulosus |
|
1, 6 |
Brown Trout |
Salmo trutta |
|
1, 6 |
Burbot |
Lota lota |
|
1, 6 |
Chain Pickerel |
Esox |
|
1, 6 |
Channel Catfish |
Ictalurus
punctatus |
|
1, 6 |
Common Shiner |
Luxilus cornutus |
|
1, 6 |
Common White
Sucker |
Catostomus
commersoni |
|
1, 6 |
Creek Chub |
Semotilus
atromaculatus |
|
1, 6 |
Eastern Creek
Chubsucker |
Erimyzon
oblongus |
|
1, 6 |
Eastern Silvery
Minnow |
Hybognathus
regius |
|
1, 6 |
Emerald Shiner |
Notropis
atherinoides |
|
1, 6 |
Fallfish |
Semotilus corporalis |
|
1, 6 |
Fathead Minnow |
Pimephales
promelas |
|
1, 6 |
Finescale Dace |
Chrosomus
neogaeus |
|
1, 6 |
Fourspine
Stickleback |
Apeltes
quadracus |
|
1, 6 |
Golden Shiner |
Notemigonus
crysoleucas |
|
1, 6 |
|
Couesius
plumbeus |
|
1, 6 |
Lake Trout |
Salvelinus
namaycush |
|
1, 6 |
|
Coregonus
clupeaformis |
|
1, 6 |
Largemouth Bass |
Micropterus
salmoides |
|
1, 6 |
Longnose Dace |
Rhinichthys
cataractae |
|
1, 6 |
Longnose Sucker |
Catostomus
catostomus |
|
1, 6 |
Margined Madtom |
Noturus insignis |
|
1, 6 |
Mummichog |
Fundulus
heteroclitus |
|
1, 6 |
Ninespine
Stickleback |
Pungitius
pungitius |
|
1, 6 |
Northern Pike |
Esox lucius |
|
1, 6 |
Northern
Redbelly Dace |
Chrosomus eos |
|
1, 6 |
Pumpkinseed |
Lepomis gibbosus |
|
1, 6 |
Rainbow Smelt |
Osmerus mordax |
|
1, 6 |
Rainbow Trout |
Oncorhynchus
mykiss |
|
1, 6 |
Redbreast
Sunfish |
Lepomis auritus |
|
1, 6 |
Redfin Pickerel |
Esox americanus
americanus |
|
1, 6 |
Rock Bass |
Ambloplites
rupestris |
|
1, 6 |
Round Whitefish |
Prosopium
cylindraceum |
|
1, 6 |
Sea Lamprey |
Petromyzon
marinus |
|
1, 6 |
Slimy Sculpin |
Cottus cognatus |
|
1, 6 |
Smallmouth Bass |
Micropterus
dolomieui |
|
1, 6 |
Splake |
hybrid (brook x
lake trout) |
|
1, 6 |
Spottail Shiner |
Notropis
hudsonius |
|
1, 6 |
Sunapee Trout |
Salvelinus
aureolus |
|
1, 6 |
Swamp Darter |
Etheostoma
fusiforme |
|
1, 6 |
Tadpole Madtom |
Noturus gyrinus |
|
1, 6 |
Tessellated
Darter |
Etheostoma
olmstedi |
|
1, 6 |
Threespine
Stickleback |
Gasterosteus
aculeatus |
|
1, 6 |
Tiger Trout |
hybrid (brown x
brook trout) |
|
1, 6 |
Walleye |
Sander vitreus |
|
1, 6 |
White Perch |
Morone |
|
1, 6 |
Yellow Bullhead |
Ameiurus natalis |
|
1, 6 |
Yellow Perch |
Perca flavescens |
|
|
|
|
Birds |
|
|
|
|
5 |
All indigenous
species |
|
|
|
|
|
|
1, 2, 5 |
All waterfowl,
indigenous or naturalized,
except: |
|
|
5 |
Mute swans |
Cygnus olor |
|
|
Mallard, listed as noncontrolled in Fis 803.02(b)(6)q. |
|
|
5 |
Grouse, Ruffed |
Bonasa umbellus |
|
5 |
Grouse, Spruce |
Dendragapus canadensis |
|
5 |
Crow, Pied
|
|
|
5 |
Buzzard, European
|
|
|
|
|
|
Mammals |
|
|
|
|
5 |
Agouti, Red rumped |
|
|
5 |
Anteater, Lesser |
|
|
5 |
Armadillo |
|
|
5 |
Badger, American |
Taxida taxus |
|
5 |
Barbary Sheep |
|
|
5 |
Bear, Black |
Ursus americanus |
|
5 |
Bear, Grizzly |
Ursus horrilibus |
|
5 |
Beaver |
Castor canadensis |
|
5 |
Binturong |
A. binturong |
|
5 |
Bobcat |
Lynx rufus |
|
5 |
Caracal |
Felis caracal |
|
5 |
Chipmunk,
Eastern |
Tamias striatus |
|
5 |
Coatimundi |
Nasua nasua |
|
5 |
Cottontail,
Eastern |
Sylvilagus floridanus |
|
5 |
Cottontail, |
Sylvilagus transitionalis |
|
5 |
Cougar |
Felis concolor |
|
5 |
Coyote |
Canis latrans |
|
5 |
Dama Wallaby |
|
|
5 |
Elephant |
Elaphus maximus,
Loxodonta africans |
|
5 |
Fisher |
Martes pennanti |
|
5 |
Fox, Fenec, |
|
|
5 |
Fox, gray |
Urocyon cinereoargenteus |
|
5 |
Fox, red |
Vulpes vulpes |
|
5 |
Genet |
Genetta spp |
|
5 |
Giraffe |
|
|
2, 4, 5 |
Hare, snowshoe |
Lepus americanus |
|
5 |
Hyena |
|
|
5 |
Kangaroo |
|
|
5 |
Kinkajou; |
Potos flavus |
|
5 |
Jaguar, Black, Spotted |
Panthera onca |
|
5 |
Lemming,
Northern Bog |
Synaptomys borealis |
|
5 |
Lemming,
Southern Bog |
Synaptomys cooperi |
|
|
|
|
|
5 |
Leopard, Snow, Black, Spotted, Clouded |
Panthera uncia, P. pardus, P.neofelis, P. nebulosa |
|
5 |
Lion |
Panthera leo |
|
5 |
|
Lynx canadensis |
|
5 |
Lynx, Eurasian/ Siberian |
Lynx lynx |
|
5 |
Marten |
Martes |
|
5 |
Mink |
Mustela vison |
|
5 |
Mole,
Hairy-tailed |
Parascalops breweri |
|
5 |
Mole, Star-nosed |
Condylura cristata |
|
5 |
Mongoose |
H. pulverulentus |
|
5 |
Mouse, Deer |
Peromyscus maniculatus |
|
5 |
Mouse, Meadow
Jumping |
Zapus hudsonius |
|
5 |
Mouse,
White-footed |
Peromyscus leucopus |
|
5 |
Mouse, |
Napaeozapus insignis |
|
5 |
Muskrat |
Odontra zibethicus |
|
5 |
Opossum, |
Didelphis virginiana |
|
5 |
Otter, River |
Lutra canadensis |
|
5 |
Patagonian Cavy |
Doli salincola |
|
5 |
Peccarries, Collared |
|
|
5 |
Pipistrelle,
Eastern |
Pipistrellus subflavus |
|
5 |
Porcupine |
Erethizon dorsatum |
|
5 |
Porcupine, African Crested |
Hystrix cristata |
|
5 |
Porpoise |
Phocaena spp. |
|
5 |
Prairie Dog |
Cynomys spp. |
|
5 |
Primates, to
include: |
|
|
|
Chimpanzee |
Pan troglodytes |
|
|
Gorilla |
Gorilla gorilla |
|
|
Orangutan |
Pongo sygmaeus |
|
|
Baboons |
Papio spp |
|
|
Spider Monkey |
Ateles spp |
|
|
Squirrel Monkey |
Saimiri, spp |
|
|
Capuchin |
Cebus, spp |
|
|
Rhesus |
Macaca mulatta |
|
5 |
Marmoset, Guenon(s), |
Cercopihecus spp. |
|
5 |
Raccoon |
Procyon lotor |
|
5 |
Seal, Harbor |
Phoca vitulina |
|
5 |
Serval, African |
Felis serval |
|
5 |
Shrew,
Long-tailed |
Sorex dispar |
|
5 |
Shrew, Masked |
Sorex cinereus |
|
5 |
Shrew, Pygmy |
Sorex hoyi |
|
5 |
Shrew,
Short-tailed |
Blarina brevicauda |
|
5 |
Shrew, Smoky |
Sorex fumeus |
|
5 |
Shrew, Water |
Sorex palustris |
|
5 |
Skunk, striped |
Mephitis mephitis |
|
5 |
Springhare |
|
|
5 |
Squirrel, Gray |
Sciurus carolinensis |
|
5 |
Squirrel,
Northern Flying |
Glaucomys sabrinus |
|
5 |
Squirrel, Red |
Tamiasciurus hudsonicus |
|
5 |
Squirrel,
Southern Flying |
Glaucomys volans |
|
5 |
Tenrec, Giant Lowland streaked |
|
|
5 |
Tigers |
Panthera tigeris |
|
5 |
Two-Toed Sloth |
Choloepus didactylus |
|
5 |
Vole, Meadow |
Microtus pennsylvanicus |
|
5 |
Vole, Northern
Red-backed |
Clethrionomys gapperi |
|
5 |
Vole, Rock |
Microtus chrotorrhinus |
|
5 |
Vole, |
Microtus pinetorum |
|
5 |
Wallaby Tammar, Bennett, Dama |
|
|
5 |
Weasel, Least |
Erminea rixosa |
|
5 |
Weasel,
Long-tailed |
Mustela frenata |
|
5 |
Weasel,
Short-tailed |
Mustela erminea |
|
5 |
Wolf |
Canis lupus |
|
5 |
Wolverine |
Gulo gulo |
|
5 |
Woodchuck |
Marmota monax |
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6191, eff 2-22-96; ss by #6889, eff 11-21-98;
amd by #8431, eff 9-20-05; EXPIRED:
11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, 6-5-07; amd by #9880-A, eff 3-1-11;
EXPIRED: 6-5-15 (except for alligators and crocodiles in Table 800.1); ss by
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 803.07
Importation of
(a)
Persons holding a current permit to import for a specific wildlife
species, other than fish, may import such wildlife which has a health
certificate that meets:
(1) USDA requirements pursuant to 9 CFR 2.78; or
(2) Any other health inspection requirements
pursuant to the laws and rules of the NH department of agriculture.
(b)
A copy of the health certificate shall be sent to the fish and game
department.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; amd by #6177, eff 1-27-96; ss by #6889, eff 11-21-98,
EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
New. #8893, 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 803.08 Importation of Fish.
(a)
Fish, other than non-controlled fish species, shall not be imported from
any source that has not filed a report of pathological inspection meeting the
criteria set forth in Fis 803.09 and Fis 803.10 so as to insure that the fish
being imported are free of disease causing pathogens.
(b)
No warmwater species of fish shall be imported from zone 2.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; amd by #6177, eff 1-27-96; ss by #6889, eff 11-21-98,
EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
New. #8893, 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16; ss by #12768, eff 5-3-19
Fis 803.09 Pathological Inspections for Fish.
(a)
Pathological inspections of fish shall be conducted annually, and the
most recent within one year prior to the date of import and at least 3
consecutive annual inspections shall be conducted, prior to the date of import.
(b) The inspection shall be conducted only by a
licensed veterinarian, persons certified as a fish health inspector or a fish
pathologist by the American Fisheries Society or under the Canadian fish health
regulations, or an employee of the fish and game department in the state from
which the fish or gametes originate with responsibility and training for fish
health inspections. A copy of the
certification shall be sent to the executive director before approval. No owner or employee with direct supervisory
authority over a facility shall serve as an inspector for their fish culture
facility.
(c)
The methods of disease diagnosis and the fish culture facility
inspections shall follow the procedures and the methods as described in the
"Suggested Procedures for the Detection and Identification of Certain
Finfish and Shellfish Pathogens", developed by the Fish Health Section
(FHS) of the American Fisheries Society, 2016 Edition as specified in Appendix
II. If more sensitive or more definitive
published procedures are available, they may be used, but any departures from
the basic procedures set forth by the FHS shall be noted on all associated
inspection reports.
(d)
No fish shall be imported from states known to have waters infested with
zebra mussels or from states which allow the importation of fish from states
infested with zebra mussels unless the source of fish is approved free of zebra
mussels.
(e)
Pathological inspections of fish shall include results of the
examinations for family specific pathogens listed as specified in Table
800.1.1, below:
Table 800.1.1 Family Specific Pathogens Table
Family Group |
Viral pathogens |
Bacterial
pathogens |
Parasitic
pathogens |
Salmonidae
(e.g., trout, salmon, char) |
Infectious
salmon anemia virus Viral hemorrhagic
septicemia virus Infectious
pancreatic necrosis virus Infectious
hematopoietic necrosis virus |
Aeromonas salmonicida Yersinia ruckeri Renibacterium salmoninarum |
Myxobolus cerebralis |
Cyprinidae
(e.g., minnows) Castomidae (e.g., suckers) and Osmeridae (e.g, smelt) fishes. |
Spring viremia
of carp virus Viral
hemorrhagic septicemia virus Infectious
pancreatic necrosis virus Infectious
hematopoietic necrosis virus |
Aeromonas salmonicida Yersinia ruckerii Renibacterium salmoninarum |
|
Centrarchidae
(e.g. black bass) Moronidae (e.g.,
striped basses) Percidae (e.g.,
walleye, yellow perch) Esocidae (e.g.,
pikes) |
Spring viremia
of carp virus Viral
hemorrhagic septicemia virus Infectious
pancreatic necrosis virus Infectious
hematopoietic necrosis virus Largemouth bass
virus |
Aeromonas salmonicida Yersinia ruckeri Renibacterium salmoninarum |
|
Ictaluridae
(e.g. catfishes) |
Channel catfish
virus Viral
hemorrhagic septicemia virus Infectious
pancreatic necrosis virus Infectious hematopoietic
necrosis virus |
Aeromonas salmonicida Yersinia ruckeri Edwardsiella tarda Edwardsiella ictaluri |
|
Cichlidae |
Tilapia
Iridovirus Infectious
pancreatic necrosis virus Viral
hemorrhagic septicemia virus Infectious
hematopoietic necrosis virus Spring viremia
of carp virus |
Aeromonas salmonicida Yersinia ruckeri Streptococcus iniae Streptococcus agalactia |
|
(f)
Sample collection and sample lots for specific family testing shall
comply with the following:
(1) Facility inspections shall include a minimum
of 150 fish from the facility with no less than 60 of each species;
(2) Facility inspections shall include 3 years of
inspection of the facility;
(3) Wild fish inspections shall include 60 fish
per species and require 3 years of inspection on source population;
(4) Cichlidae fishes that are kept in a closed
system shall include one year of inspection; and
(5) Salmonidae live fishes or eggs shall include
3 consecutive years of pathological inspection.
(g)
Disinfected Salmonidae eggs from broodfish which are positive for the
following list of pathogens that are disinfected prior to import and
transported in pathogen-free water may be imported into the state:
(1) Myxobolus
cerebralis, whirling disease
agent;
(2) Yersinia
ruckeri, enteric redmouth disease agent; and
(3) Aeromonas
salmonicida, furunculosis agent.
(h)
All Salmonidae eggs shall be disinfected upon receipt, provided that any
such eggs which are positive for Aeromonas
salmonicida shall be disinfected twice upon receipt.
(i)
No fish from a facility or water body known to be infected with
infectious hematopoietic necrosis virus, viral hemorrhagic septicemia virus, Heterosporis, infectious salmon anemia
virus, spring viremia of carp, Myxobolus
cerebralis, Ceratomyxa shasta, Tetracapsula bryosalmonae, or epizootic
epitheliotrophic disease virus (EEDV) shall be imported.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; ss by #8120,
eff
7-16-04; ss by #8893, eff 6-5-07; amd by #9005, eff
1-1-08; ss by #10279, eff 2-28-13; ss by #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15 (formerly Fis 803.10) (See Revision Note at part heading for Fis 803)
New. #11029, eff 1-26-16; ss by #12768, eff 5-3-19
Fis 803.10 Pathological Inspection Report for Fish.
(a)
All fish, except non-controlled fish species, imported into the state
shall have a pathological inspection report.
(b)
The inspection report shall include the following:
(1) Name of the hatchery source;
(2) Address of the hatchery source;
(3) Name of the hatchery manager/owner;
(4) Telephone number of the hatchery manager/owner;
(5) Inspection date;
(6) Name of inspection agent;
(7) Address of inspection agent;
(8) Whether the certification of the inspection
agent is by the American Fisheries Society, Canadian department of
(9) Type of fish;
(10) Type of water supply for the hatchery;
(11) The following information for each individual
lot:
a.
b. Species;
c. Age in months;
d. Number of fish in the lot;
e. Pathogens inspected for;
f. The number of fish used for examination;
g. Method of examination/detection method; and
h. The results; and
(12) The signature of inspection agent.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15 (formerly Fis 803.11) (See Revision Note
at part heading for Fis 803)
New. #11029, eff 1-26-16
Fis 803.11
Notification of Import of
(a)
Notification shall be made in writing to the fish and game department
that wildlife will be or has been brought into the state as follows:
(1) Persons importing wildlife, including fish, pursuant
to the requirements of Fis 803, shall notify the department prior to the
importation into the state;
(2) Exhibitors importing wildlife species listed
as controlled for importation for category 5, other than fish, and the wildlife
meets the USDA health certification requirements shall notify the department
within 5 days after the importation.
(b)
Notification shall include the following:
(1) Permittee’s import permit number;
(2) Name and address of the permittee;
(3) Date of import;
(4) Species, number and sex of wildlife imported;
(5) Location(s) to where wildlife are to be or
were imported; and
(6) Copy of health certificate for those wildlife
where one was not submitted with the original permit application.
Source. #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15 (formerly Fis 803.12) (See Revision Note
at part heading for Fis 803)
New. #11029, eff 1-26-16
Fis 803.12 Permit to Import
(a)
The applicant for a permit to import wildlife shall provide the
following on or with the application form:
(1) Name of applicant;
(2) Applicant's telephone number and email
address, if applicable;
(3) Applicant's street address and mailing
address;
(4) Species, number, and sex of wildlife to be
imported;
(5) Address or location and name of the facility
where the wildlife is to be possessed;
(6) Name, address and telephone number of the
person from whom the wildlife is to be obtained;
(7) Possession, propagation, exhibition,
individual training and shooting, or release permit number, or regulated shooting area or aquaculture
license, if applicable;
(8) Pathological inspection report for fish; and
(9) Signature of the applicant.
Source. #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15 (formerly Fis 803.13) (See Revision Note
at part heading for Fis 803)
New. #11029, eff 1-26-16
Fis 803.13 Fees.
The fee for a permit to import wildlife shall be $30.00 and shall be
submitted with each application.
Source. #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15 (formerly Fis 803.14) (See Revision Note
at part heading for Fis 803)
New. #11029, eff 1-26-16
PART Fis 804 POSSESSION OF WILDLIFE
Fis 804.01 Definitions.
(a)
"Cage" means an area enclosed on all sides and has a top and a
bottom.
(b)
"Enclosure" means an area enclosed on all sides.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 804.02
Non-controlled Species - Possession.
(a)
A permit to possess wildlife shall not be required for any person to
possess wildlife designated as non-controlled as specified in (b), below.
(b)
For purposes of this part, the following species or groups of wildlife
shall be designated as non-controlled:
(1) Ornamental aquarium fish, both fresh and
marine that shall be kept in a closed system;
(2) Amphibians, exotic;
(3) Amphibians, indigenous, listed in Table 800.2
for category 1, for up to 5 specimens per species;
(4) Reptiles, exotic, except:
a. Alligator (Alligatoridae, spp);
b. Crocodile (Crocodylidae, spp); and
c. Venomous reptiles, other than the Western
Hognose Snake
(5) Indigenous reptiles listed in Table 800.2 for
category 1, for up to 2 specimens of each species;
(6) The following exotic birds:
a. Cockatiel (Nymphicus hollandieus)
b. Canaries (Serinus
spp.);
c. Parrots (Psittaciformes);
d. Parakeets (Budgerigar);
e. Mynah Birds (Acridotheres spp);
f. Finches (Estrildidae spp);
g.
h. Weavers (Ploceidae);
i. Toucans (Ramphastidae);
j. Button quail (Turnicidae);
k. Pigeons and doves (Columbiformes), exotic;
and
l. Feral pigeons (Columba domestica and C.
livia);
m. Emu (Dromaius
novaehollandire);
n. Ostrich (Struthis
camelus);
o. Rhea (Rheidae);
p. Waterfowl, exotic migratory except mute
swans;
q. Waterfowl, mallard by individuals in category 1;
r. Gallinaceous birds, except:
1. Bobwhite quail, Northern (Colinus virginianus);
2. Grouse, Ruffed (Bonasa umbellus);
3. Grouse, Spruce (Dendragapus canadensis);
4. Pheasant, Ring-necked (Phasianus colchicus);
5. Partridge, Chuckar and Redleg (Alectoris chuka); and
6. Partridge, Grey/Hungarian (Perdix perdix);
(7) The following mammals:
a. Chinchillas, domesticated, (Chinchilla spp);
b. Gerbils, domesticated;
c. Guinea Pigs, domesticated;
d. Hamsters, domesticated (Cricetus cricetus);
e. Mice, domesticated (Mus musculus);
f. Rats, domesticated (Rattus norvegicus and Rattus
rattus);
g. Ferrets, domesticated (Mustela putorius furo);
h. Llamas (Lama
glama);
i. Alpaca (Lama
pacos);
j. Pot belly pigs, domesticated;
k. Rabbits, domesticated;
l. African pigmy hedgehog;
m. Sugar glider (Petaurus breviceps);
n. Tenrec (Tenrec
ecaudatus);
o. Yak (Bos
grunniens)
p. Camel (Camelus
spp.)
q. Asian water buffalo (Bubalus bubalis);
r. Degaus (Octodon
degus);
s. Guanaco (Lama
quanicoe); and
t. Bison (Bison
bison, B. bonasus); and
(8) All marine
species originating in the western portion of the North Atlantic Ocean and
connected saltwater bays and estuaries, except anadromous and catadromous
species.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; amd by #8431, eff 9-20-05;
EXPIRED: 11-21-06 (except paragraph (b)(4)p.); ss by #8767, INTERIM, eff
11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07; amd by #9880-A, eff 3-1-11;
amd by #10541, eff 4-1-14; EXPIRED: 6-5-15 (except para. (b)(6)d.); ss by
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 804.03 Prohibited Species - Possession.
(a)
No person shall be issued a permit to possess wildlife that has been
designated as prohibited as specified in Fis 804.03(b) or Fis 804.04(b).
(b)
For the purposes of this part, the following species or groups of
wildlife shall be designated as prohibited:
(1) The following invertebrates:
a. Zebra mussel(Dreissena polymorpha, D. bugensis);
b. Spiny waterflea (Bythotrephes cederstroemi);
c. Fishhook waterflea (Cercopagis pengoi);
d. All non-indigenous crayfish; and
e. Asiatic clam (Corbicula fluminea); and
(2) The following fish:
a. Walking catfish (Clarias batrachus);
b. White amur/grass carp (Ctenopharyngodon idella);
c. Black carp (Mylopharyngodaon piceus);
d. European rudd (Scardinius erythophthalmus);
e. Round goby (Neogobius melanostomus);
f. Tubenose goby (Proterhinus marmoratus);
g. Ruffe (Gymnocephalus
cernuus);
h. Snakeheads (Family: Channidae);
i. Bighead carp (Hypophthalmichthys nobilis); and
j. Silver carp (Hypophthalmichthys molitrix).
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6191, eff 2-22-96; ss by #6889, eff 11-21-98,
EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07; amd by #10541, eff 4-1-14
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 804.04 Permits To Possess
(a)
No live wildlife, or their hybrids, designated as controlled, or the
eggs or progeny thereof, shall be possessed without a permit to possess
wildlife or except as otherwise permitted under RSA 207:1-a, 214:34-d and
209-A:3, IV.
(b)
All species not specifically listed under the categories of
non-controlled, prohibited, or controlled shall be designated as prohibited.
(c)
The executive director shall review each application to possess and
shall make a determination as to whether such possession shall be permitted. No permit to possess shall be issued if there
is any significant disease, genetic, ecological, environmental, health, safety,
or welfare risks to the public or other wildlife species.
(d)
No possession of wildlife shall take place until a permit is issued by
the executive director.
(e)
Permits to possess wildlife as specified in Fis 804.05(a) shall expire
on December 31 of the calendar year of issuance, unless sooner revoked.
(f)
The permit shall be valid only for the facilities or locations described
in the application and the permit shall not be transferable or assignable.
(g)
Application for a permit to possess shall be submitted no less than 30
days in advance of the requested date of possession.
(h)
Health certificates shall meet standards set forth by the United States
Department of Agriculture pursuant to 9 CFR, 2.78 and/or the
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 804.05 Controlled
Species - Possession.
(a) A permit to possess wildlife
shall be required for all species, including hybrids, designated as controlled
as cited in the controlled table under (b), below.
(b) A permit shall be issued only to
a person in the permittee category(ies), as defined in Fis 802.01, and
cited in Table 800.2:
Table
800.2 Controlled Species Table - Possession
|
PERMITTEECATEGORY |
SPECIES |
SCIENTIFIC
NAME |
Amphibians |
1,5 |
American
toad |
Bufo americanus |
|
5 |
Fowler’s
toad |
Bufo fowleri |
|
1,5 |
Gray
treefrog |
Hyla versicolor |
|
1,5 |
Spring
peeper |
Pseudacris crucifer |
|
1,5 |
American
bullfrog |
Rana catesbeiana |
|
1,5 |
Green
frog |
Rana clamitans |
|
1,5 |
Pickerel
frog |
Rana palustris |
|
5 |
Northern
leopard frog |
Rana pipiens |
|
1,5 |
Mink frog |
Rana septentrionalis |
|
1,5 |
Wood frog |
Rana
sylvatica |
|
5 |
Jefferson salamander |
Ambystoma jeffersonianum |
|
5 |
Blue-spotted
salamander |
Ambystoma laterale |
|
5 |
Jefferson
X blue-spotted salamander hybrids |
Ambystoma jeffersonianum X laterale |
|
1,5 |
Spotted
salamander |
Ambystoma maculatum |
|
5 |
Marbled
salamander |
Ambystoma opacum |
|
1,5 |
Northern
two-lined salamander |
Eurycea bislineata |
|
1,5 |
Northern
dusky salamander |
Desmognathus fuscus |
|
5 |
Spring salamander |
Gyrinophilus porphyriticus |
|
5 |
Four-toed
salamander |
Hemidactylium scutatum |
|
1,5 |
Eastern
red-backed salamander |
Plethodon cinereus |
|
5 |
Northern
slimy salamander |
Plethodon glutinosus |
|
5 |
Common
Mudpuppy |
Necturus maculosus |
|
1,5 |
Red-spotted
newt |
Notophthalmus viridescens |
Reptiles |
|
|
|
|
5 |
Alligator |
Alligatoridae, spp |
|
5 |
Crocodile |
Crocodylidae, spp |
|
5 |
All
venomous reptiles |
|
|
5 |
Blanding's
turtles |
Emydoidea blandingii |
|
5 |
Eastern
box turtles |
Terrapene carolina carolina |
|
5 |
Spotted
turtles |
Clemmys guttata |
|
5 |
Wood
turtles |
Glyptemys insculpta |
|
1,5 |
Musk
turtle |
Sternotherus odoratus |
|
1,5 |
Painted
turtle |
Chrysemys picta |
|
1,5 |
Snapping
turtle |
Chelydra serpentina |
|
5 |
Black
racer |
Coluber constrictor |
|
1,5 |
Ring-necked
snake |
Diadophis
punctatus |
|
5 |
Eastern
hognose snake |
Heterodon platirhinos |
|
1,5 |
Eastern milksnake |
Lampropeltis triangulum triangulum |
|
1,5 |
Northern watersnake |
Nerodia sipedon |
|
5 |
Smooth greensnake |
Opheodrys vernalis |
|
1,5 |
Brown
snake |
Storeria dekayi |
|
1,5 |
Red-bellied
snake |
Storeria occipitomaculata |
|
5 |
Ribbon
snake |
Thamnophis sauritus |
|
1,5 |
Garter
snake |
Thamnophis sirtalis |
Fish |
|
|
|
|
1, 6 |
Tilapia |
|
|
1, 6 |
Alewife |
Alosa pseudoharengus |
|
1, 6 |
American
brook lamprey |
Lethenteron appendix |
|
1, 6 |
American
Eel |
Anguilla rostrata |
|
1, 6 |
American
Shad |
Alosa sapidissima |
|
1, 6 |
Atlantic
Salmon |
Salmo salar |
|
1, 6 |
Banded
Killifish |
Fundulus diaphanus |
|
1, 6 |
Banded Sunfish |
Enneacanthus obesus |
|
1, 6 |
Black
Crappie |
Pomoxis nigromaculatus |
|
1, 6 |
Blacknose Dace |
Rhinichthys atratulus |
|
1, 6 |
Blacknose Shiner |
Notropis heterolepis |
|
1, 6 |
Blueback
Herring |
Alosa aestivalis |
|
1, 6 |
Bluegill |
Lepomis macrochirus |
|
1, 6 |
Bridle
Shiner |
Notropis bifrenatus |
|
1, 6 |
Brook
Trout |
Salvelinus
fontinalis |
|
1, 6 |
Brown
Bullhead |
Ameiurus nebulosus |
|
1, 6 |
Brown
Trout |
Salmo trutta |
|
1, 6 |
Burbot |
Lota lota |
|
1, 6 |
Chain
Pickerel |
Esox niger |
|
1, 6 |
Channel
Catfish |
Ictalurus punctatus |
|
1, 6 |
Common
Carp |
Cyprinus carpio |
|
1, 6 |
Common
Shiner |
Luxilus cornutus |
|
1, 6 |
Common
White Sucker |
Catostomus commersoni |
|
1, 6 |
Creek
Chub |
Semotilus atromaculatus |
|
1, 6 |
Eastern
Creek Chubsucker |
Erimyzon oblongus |
|
1, 6 |
Eastern
Silvery Minnow |
Hybognathus regius |
|
1, 6 |
Emerald
Shiner |
Notropis atherinoides |
|
1, 6 |
Fallfish |
Semotilus corporalis |
|
1, 6 |
Fathead
Minnow |
Pimephales promelas |
|
1, 6 |
Finescale Dace |
Chrosomus neogaeus |
|
1, 6 |
Fourspine
Stickleback |
Apeltes quadracus |
|
1, 6 |
Golden
Shiner |
Notemigonus crysoleucas |
|
1, 6 |
Lake Chub |
Couesius plumbeus |
|
1, 6 |
Lake
Trout |
Salvelinus namaycush |
|
1, 6 |
Lake Whitefish |
Coregonus clupeaformis |
|
1, 6 |
Largemouth
Bass |
Micropterus salmoides |
|
1, 6 |
Longnose
Dace |
Rhinichthys cataractae |
|
1, 6 |
Longnose
Sucker |
Catostomus catostomus |
|
1, 6 |
Margined
Madtom |
Noturus insignis |
|
1, 6 |
Mummichog |
Fundulus heteroclitus |
|
1, 6 |
Ninespine Stickleback |
Pungitius pungitius |
|
1, 6 |
Northern
Pike |
Esox lucius |
|
1, 6 |
Northern
Redbelly Dace |
Chrosomus eos |
|
1, 6 |
Pumpkinseed |
Lepomis gibbosus |
|
1, 6 |
Rainbow
Smelt |
Osmerus mordax |
|
1, 6 |
Rainbow
Trout |
Oncorhynchus
mykiss |
|
1, 6 |
Redbreast
Sunfish |
Lepomis auritus |
|
1, 6 |
Redfin
Pickerel |
Esox americanus americanus |
|
1, 6 |
Rock Bass |
Ambloplites rupestris |
|
1, 6 |
Round
Whitefish |
Prosopium cylindraceum |
|
1, 6 |
Sea
Lamprey |
Petromyzon
marinus |
|
1, 6 |
Slimy
Sculpin |
Cottus cognatus |
|
1, 6 |
Smallmouth
Bass |
Micropterus dolomieui |
|
1, 6 |
Splake |
hybrid
(brook x lake trout) |
|
1, 6 |
Spottail Shiner |
Notropis hudsonius |
|
1, 6 |
Sunapee
Trout |
Salvelinus aureolus |
|
1, 6 |
Swamp
Darter |
Etheostoma fusiforme |
|
1, 6 |
Tadpole
Madtom |
Noturus gyrinus |
|
1, 6 |
Tessellated
Darter |
Etheostoma olmstedi |
|
1, 6 |
Threespine Stickleback |
Gasterosteus aculeatus |
|
1, 6 |
Tiger
Trout |
hybrid
(brown x brook trout) |
|
1, 6 |
Walleye |
Sander vitreus |
|
1, 6 |
White
Perch |
Morone americana |
|
1, 6 |
Yellow Bullhead |
Ameiurus natalis |
|
1, 6 |
Yellow
Perch |
Perca flavescens |
|
1, 6 |
Hybrid
striped bass |
|
Birds |
|
|
|
|
5 |
All
indigenous species |
|
|
1,2, 5 |
All
waterfowl, indigenous and naturalized, except: |
|
|
2, 3, 4,
5, 7 |
Mallard |
Anas platyrhynchos |
|
1, 5 |
Mute Swans |
Cygnus olor |
|
5 |
Crow,
Pied |
|
|
5 |
Buzzard,
European |
|
|
|
Gallinaceous
Birds: |
|
|
1, 2, 3,
4, 5, 7 |
Bobwhite
Quail, Northern |
Colinus virginianus |
|
5 |
Grouse,
Ruffed |
Bonasa umbellus |
|
5 |
Grouse,
Spruce |
Dendragapus canadensis |
|
1, 2, 3,
4, 5, 7 |
Pheasant,
Ring-necked |
Phasianus colchicus |
|
1, 2, 3,
4, 5, 7 |
Partridge,
Chukar /Redleg |
Alectoris chuka |
|
1, 2, 3,
4, 5, 7 |
Partridge,
Grey/Hungarian |
Perdix perdix |
Mammals |
|
|
|
|
5 |
Armadillo |
|
|
5 |
Anteater,
Lesser |
|
|
5 |
Agouti,
red rumped |
|
|
5 |
Badger |
Taxida taxus |
|
5 |
Barbary
Sheep |
|
|
5 |
Bear,
Black |
Ursus americanus |
|
5 |
Bear,
Grizzly |
Ursus horrilibus |
|
5 |
Beaver |
Castor
canadensis |
|
5 |
Binturong |
|
|
5 |
Boar,
wild |
Sus scrofa |
|
5 |
Bobcat |
Lynx rufus |
|
5 |
Caracal
Lynx |
|
|
2, 5 |
Caribou/Reindeer |
Rangifer tarandus |
|
5 |
Cavy,
Patagonian |
Doli salinicola |
|
5 |
Chipmunk,
Eastern |
Tamias striatus |
|
5 |
Coatimundi |
Nasua nasua |
|
5 |
Cottontail,
Eastern |
Sylvilagus floridanus |
|
5 |
Cottontail, New
England |
Sylvilagus transitionalis |
|
5 |
Cougar |
Felis concolor |
|
5 |
Coyote |
Canis latrans |
|
5 |
Dama Wallaby |
|
|
2, 5 |
Deer, Red |
Cervus elaphus |
|
2, 5 |
Deer,
Sika |
Cervus Nippon |
|
5 |
Deer,
White-tailed |
Odocoileus
virginianus; |
|
5 |
Elephant |
Elaphus maximus, Loredomta africans |
|
2, 5 |
Elk |
Cervus elephus Canadensis |
|
5 |
Fisher |
Martes pennanti |
|
5 |
Fox,
Gray; Fenec |
Urocyon cinereoargenteus |
|
5 |
Fox, Red |
Vulpes vulpes |
|
5 |
Genet |
Genetta spp. |
|
5 |
Giraffe |
|
|
5 |
Hyena |
|
|
2, 4
& 5 |
Hare,
Snowshoe |
Lepus americanus |
|
5 |
Jaguar,
Black, Spotted |
|
|
5 |
Kangaroo,
Red |
|
|
5 |
Kinkajou |
Potos flavus |
|
5 |
Lemming,
Northern Bog |
Synaptomys borealis |
|
5 |
Lemming,
Southern Bog |
Synaptomys cooperi |
|
5 |
Lemur, Ringtailed |
|
|
5 |
Leopard |
Panthern umeia ,
P. pardus, Neofelis nebulasa |
|
5 |
Lion |
Panthera leo |
|
5 |
Lynx,
Canadian, Siberian |
Lynx
canadensis |
|
5 |
Marten |
Martes americana |
|
5 |
Mink |
Mustela
vison |
|
5 |
Mole,
Hairy-tailed |
Parascalops breweri |
|
5 |
Mole,
Star-nosed |
Condylura cristata |
|
5 |
Mongoose |
|
|
5 |
Moose |
Alces alces |
|
5 |
Mouse,
Deer |
Peromyscus maniculatus |
|
5 |
Mouse,
Meadow Jumping |
Zapus hudsonius |
|
5 |
Mouse,
White-footed |
Peromyscus leucopus |
|
5 |
Mouse, Woodland Jumping |
Napaeozapus insignis |
|
5 |
Muskrat |
Odontra zibethicus |
|
5 |
Opossum, Virginia |
Didelphis
virginiana |
|
5 |
Otter,
River |
Lutra canadensis |
|
5 |
Peccary,
Collared |
|
|
5 |
Pipistrelle,
Eastern |
Pipistrellus subflavus |
|
5 |
Porcupine, North
American African
crested |
Erethizon dorsatum Hystrix cristata |
|
5 |
Prairie
Dog |
Cynamys,
spp. |
|
5 |
Primates
to include: |
|
|
|
Chimpanzee |
Pan
troglodytes |
|
|
Gorilla |
gorilla gorilla |
|
|
Orangutan |
Pongo pygmaeus |
|
|
Baboons |
Papio spp |
|
|
Spider
Monkey |
Ateles spp |
|
|
Squirrel
Monkey |
Saimici spp |
|
|
Capuchin |
Cebus spp |
|
|
Marmoset
(Tamarin) |
Cercopihecus spp. |
|
|
Guenon(s) |
|
|
|
Celebes macaque |
|
|
|
Rhesus |
Macaca mulatta |
|
5 |
Raccoon |
Procyon lotor |
|
5 |
Rat,
African pouched |
|
|
5 |
Serval,
African |
|
|
5 |
Shrew,
Long-tailed |
Sorex dispar |
|
5 |
Shrew,
Masked |
Sorex cinereus |
|
5 |
Shrew,
Pygmy |
Sorex hoyi |
|
5 |
Shrew,
Short-tailed |
Blarina brevicauda |
|
5 |
Shrew,
Smoky |
Sorex fumeus |
|
5 |
Shrew,
Water |
Sorex palustris |
|
5 |
Skunk,
Striped |
Mephitis mephitis |
|
5 |
Springhare |
|
|
5 |
Squirrel,
Gray |
Sciurus carolinensis |
|
5 |
Squirrel,
Northern Flying |
Glaucomys sabrinus |
|
5 |
Squirrel,
Red |
Tamiasciurus hudsonicus |
|
5 |
Squirrel,
Southern Flying |
Glaucomys volans |
|
5 |
Tenrec,
Giant, Lowland streaked |
|
|
5 |
Tiger;
Golden Tabby, Siberian, White Siberian, Bengal |
Panthera tigeris |
|
5 |
Two-Toed
Sloth |
Choloepus didaclybus |
|
5 |
Vole,
Meadow |
Microtus pennsylvanicus |
|
5 |
Vole,
Northern Red-backed |
Clethrionomys gapperi |
|
5 |
Vole,
Rock |
Microtus chrotorrhinus |
|
5 |
Vole, Woodland |
Microtus pinetorum |
|
5 |
Wallaby, Dama,
Tammar, Bennett |
|
|
5 |
Water
Buffalo, Eurasian |
|
|
5 |
Weasel,
Least |
Erminea rixosa |
|
5 |
Weasel,
Long-tailed |
Mustela frenata |
|
5 |
Weasel,
Short-tailed |
Mustela
ermine |
|
5 |
Wolverine |
|
|
5 |
Woodchuck |
Marmota monax |
|
5 |
Wolf |
Canis lupus |
|
5 |
Zebra |
|
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; amd by #8431, eff 9-20-05;
EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07; amd by #9790-A, eff 1-1-11;
EXPIRED: 6-5-15 (except for para. (b) intro. and the permittee category of
birds in Table 800.2); ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16; ss by #13513, eff 1-1-23
Fis 804.06 Power to Inspect.
(a)
The executive director or his agents shall inspect wildlife, facilities,
permits and/or records under the control of the permittee for the purpose of
ascertaining compliance with this part.
Such inspection shall be undertaken at a reasonable time.
(b)
An inspection of facilities and/or cages or enclosures shall occur prior
to the issuance of any permit if applicant has not held a permit for the
regulated activities in the previous year.
(c)
An inspection shall not be required for wildlife on the controlled
possession list as specified in Table 800.02 and jointly on the release list as
specified in Table 800.3.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07; EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 804.07
Prior Possession of
(a)
Any person who has legally acquired and possesses wildlife under a valid
permit in 1992, and continuously since, and such wildlife is now designated as
prohibited or controlled, shall be issued a permit to possess such wildlife.
(b)
Any person who has legally possessed spotted turtles (Clemmys guttata), Blanding's turtles (Emydoidea
blandingii), wood turtles (Glyptemys insculpta) or Eastern box
turtles (Terrapene
(c)
Any person who legally possessed species listed as non-controlled prior
to June 1, 2007, and now listed as controlled, shall be issued a permit to
possess wildlife. The possession permit
shall be for wildlife in possession prior to June 1, 2007 and no replacements
shall be allowed.
(d)
Any person who legally possessed species listed as controlled prior to
October 1, 2015, and now is classified as prohibited, shall be issued a permit
to possess said species. The possession
permit shall be for wildlife in possession prior to October 1, 2015 and no
replacements shall be allowed, unless a waiver is issued.
(e)
(1)
(2) All requirements of this part shall be met.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6191, eff 2-22-96; ss by #6889, eff 11-21-98,
EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
New. #8893, eff 6-5-07; EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 804.08
Fish.
(a)
Channel catfish, Tilapia and hybrid striped bass shall be kept in a
closed system.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07; EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 804.09 Housing and Cage/Enclosure Requirements.
(a)
Captive wildlife shall be confined at all times in cages or enclosures.
(b)
For all wildlife possessed, the permittee shall provide enclosures or
cages that:
(1) Are of sufficient strength and construction
to minimize risk of escape;
(2) Protect the wildlife from all other animals,
domestic or wild;
(3) Protect the wildlife from the adverse
elements of nature;
(4) Protect the public from contact with the
wildlife; and
(5) Provide unrestricted movement required of the
wildlife for proper exercise.
(c)
Inadequate enclosure or cage size may be indicated by evidence of
malnutrition, poor condition, debility, stress, or abnormal behavior.
(d)
The permittee shall prevent the public from injuriously feeding or
otherwise harming the wildlife, and shall post the necessary warning signs
requiring the public to refrain from such practices.
(e)
The permittee shall take precautions to protect the public from injury
from permitted wildlife and to prevent any release of wildlife possessed.
(f)
All cages or enclosures for the possession of wildlife shall meet or
exceed minimum specifications required by this part for various kinds of
wildlife.
(g)
All enclosures or cages for bats shall follow the guidelines set forth
in the Protocol for Wildlife Rehabilitator Response to Hibernating Bats
Affected with White-Nose Syndrome (2011), as specified in Appendix II.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07; EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 804.10 Birds.
(a)
Bird cages and enclosures shall be as follows:
(1) Bird cages shall be of adequate size to allow
for normal postural and social adjustments;
(2) Permittees in categories 1, 2 and 3 shall
comply with the following restrictions:
a. Northern bobwhite quail, 6 weeks or older,
and other birds of like size shall be caged at a maximum of 2 birds per square
foot;
b. Partridge, 6 weeks or older, and other birds
of like size, shall be caged with at least a minimum of 10 square feet per
bird; and
c. Ringneck pheasants, 6 weeks or older, and
other birds of like size, shall be caged with at least a minimum of 20 square feet
per bird; and
(3) The use of holding pens shall be permitted
for northern bobwhite quail, partridge and pheasants for up to 7 days after
importation or acquisition of the birds.
(b)
All mute swans shall be marked by the owner. Adults shall be wing
clipped, with the primary feathers cut annually. Progeny shall be pinioned. Adults, eggs, and
progeny shall not be released.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07; EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 804.11 Small Animal Enclosures. All enclosures for possessing wildlife
described in this section shall, as a minimum, meet USDA caging requirements
pursuant to 9 CFR 3, D, E and F.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07; EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 804.12
Deer Enclosures.
(a)
Deer and related animals shall be provided with an enclosure that will
ensure unrestricted movement for each animal.
(b)
Propagators of sika, fallow, and red deer or elk or permit holders of
pre-existing regulated shooting areas for whitetail deer or elk shall provide
an enclosure at least 8 feet high and a minimum of 2,000 square feet per
animal.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 804.13
Additional Enclosure Requirements for
(a)
Indigenous species which are prohibited for importation and that the
department provides to an exhibitor, shall be provided seclusion and shade
where the wildlife can escape viewing by the public at any time.
(b)
Exhibitors shall provide deer, elk or moose with larger enclosures to
present these wildlife in a natural environmental setting. The enclosure shall be at least 8 feet in
height.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 804.14 Identification Requirements.
(a)
Deer and elk held under a propagation permit shall have 2 forms of
permanent identification in the form of ear tags or tattoos.
(b)
At least one form of identification shall be a dangle-type ear tag that
can be read from at least 10 feet away with the naked eye.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07; amd by #9880-A, eff 3-1-11;
para. (b) EXPIRED: 6-5-15; ss by #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 804.15
Sanitation and Nutritional Requirements for Permitted
(a)
All cages, enclosures and their surroundings shall be kept in a sanitary
condition which impedes the transmission of parasites and diseases.
(b)
Drinking water shall be provided daily in clean containers and as often
and necessary for the health and comfort of the animal. Swimming and wading pools shall be cleaned as
needed. Enclosures shall provide adequate
drainage of surface water and runoff to prevent accumulation of standing water.
(c)
Food shall be of a type and quantity sufficient to meet the nutritional
requirements of the subject wildlife, and shall be provided in clean
containers, in an unspoiled and uncontaminated condition. If self-feeders are used, adequate measures
shall be taken to prevent molding, contamination, and deterioration or caking
of food.
(d) Excreta shall be removed from primary
enclosures as often as necessary to prevent contamination of the animals
contained therein and to minimize disease hazards and to reduce odors.
(e) Subsequent to the presence of an animal with
an infectious or transmissible disease, cages, rooms, and hard-surfaced pens or
runs shall be sanitized by:
(1) Washing them with hot water, at a temperature
of at least 180°F at source, and soap or
detergent, as in a mechanical washer;
(2) Washing all
soiled surfaces with a detergent solution followed by a safe and effective
disinfectant; or
(3) Cleaning all soiled surfaces with pressurized
steam.
(f)
Pens or runs using gravel, sand, or dirt, shall be sanitized when
necessary as directed by the attending veterinarian.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 804.16
Handling and Health of
(a)
Permittees shall handle the wildlife in a manner to prevent any injury
or stress to the wildlife and protect the well being of the wildlife at all
times.
(b)
All wildlife shall be kept as free as possible from parasites or
disease.
(c)
When wildlife becomes afflicted with, or unsightly as a result of,
disease or parasites, it shall be removed from public display or view by the
permittee or the permittee's agent, and provided proper medical attention, or
destroyed, in a humane manner, if necessary.
(d)
A permittee shall notify the department in writing within 5 business
days of any unexplained diseases or deaths occurring in wildlife possessed
under the permittee's permit.
(e)
A permittee shall notify the department within 72 hours of any escaped
animals to include species, sex, identification numbers, and date and time of
escape.
Source. (See Revision Note at chapter heading Fis 800
#5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 804.17 Removal of
Source. (See Revision Note at chapter heading Fis 800
#5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 804.18
Permit to Possess
(a)
The applicant for a permit to possess wildlife shall provide the
following:
(1) Name of applicant;
(2) Applicant's street address and mailing
address;
(3) Applicant's telephone number and email
address, if applicable;
(4) Address where the wildlife is to be
possessed;
(5) The purpose for which the wildlife will be
possessed;
(6) The wildlife
species' common name, and scientific name of each species which will be
possessed;
(7) Date of application;
(8) Importation permit number, if applicable;
(9) Federal permit number, if applicable; and
(10) Signature of applicant.
(b)
Pemittees requesting renewal of a possession permit shall submit:
(1) A census listing of the number and species of
wildlife in possession by the permittee at the time of renewal; and
(2) A statement, signed subject to the penalties
for making unsworn false statements under RSA 641:3, that the permittee is in
compliance with the requirements of Fis 800.
(c)
A permit fee in the amount of $25.00 shall be submitted with each
application or renewal application.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
PART Fis 805 RELEASE OF WILDLIFE
Fis 805.01 Prohibited Species - Release.
(a)
No person shall be issued a permit to release wildlife designated as
prohibited in Fis 805.01(b).
(b)
For purposes of this part, the following species or groups of wildlife
shall be designated as prohibited:
(1) The following invertebrates:
a. All indigenous imported into the state; and
b. All exotics;
(2) The following amphibians:
a. All indigenous imported into the state; and
b. All exotics;
(3) The following reptiles:
a. All indigenous imported into the state; and
b. All exotics;
(4) The following fish:
a. All species listed as prohibited for
importation or possession;
b. All non-indigenous species; and
c. Any species not naturalized in New Hampshire;
(5) All birds except:
a. Bobwhite quail, northern (Colinus virginianus);
b. Mallard (Anas
platyrhynchos) by category 3 or 4;
c. Pheasant, Ring-necked (Phasianus colchicus);
d. Partridge, Chukar /redleg (Alectoris chuka); and
e. Partridge, Grey/Hungarian (Perdix perdix); and
(6) The following mammals:
a. Exotics; and
b. Extirpated indigenous.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 805.011 Non-Controlled Species – Release.
(a)
A permit to release wildlife shall not be required for any person to
release wildlife designated as non-controlled as specified in Fis 805.011(b).
(b)
For purposes of this part, the following species or groups of wildlife
shall be designated as non-controlled:
(1) Pigeons and doves (Columbiformes), exotic;
and
(2) Feral pigeons (Columba domestica and C.
livia).
Source. #9790-A. eff 1-1-11; ss by #10868, INTERIM,
eff
6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 805.02 Permits To Release Wildlife.
(a)
No live wildlife designated as controlled, the eggs or progeny thereof,
shall be released without a permit to release wildlife or except as otherwise
permitted under Fis 805.02(e), RSA 207:1-a, 214:34-d, or 209-A:3, IV, or unless
the release of wildlife is specifically permitted under another permit such as birds
for regulated shooting areas or individual training and shooting permits or
fish for kid’s tournaments under this chapter.
(b)
No person shall release or allow to be released any wildlife that is
diseased or suspected of being diseased.
(c)
No wildlife shall be released on the property of another without written
landowner permission.
(d)
A permit to release shall be valid from date of issuance to the end of
the calendar year in which the permit was issued or the expiration of the
health certificate, whichever is sooner.
(e)
No permit to release wildlife shall be required to release indigenous
wildlife captured or trapped by a landowner, as long as the release is on the
landowner’s own land or on another landowners’ land and only with written permission
of the other landowner.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6191, eff 2-22-96; ss by #6889, eff 11-21-98,
EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRES:
12-22-15
New. #11029, eff 1-26-16
Fis 805.03 Fish Health Certification. Any fish imported into the state to be
released shall have a health certification as required in part Fis 803.07 - 10.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 805.04
Controlled Species- Release.
(a)
No person shall release wildlife designated as controlled pursuant to
Table 800.3 under (b), below, without a permit to release wildlife.
(b)
A permit shall be issued only to a person in the permittee
category(ies), as defined in Fis 802.01, and cited in Table 800.3 as follows:
Table 800.3
Controlled Species Table - Release
|
PERMITTEE CATEGORY |
SPECIES |
SCIENTIFIC NAME |
Fish |
1,6 |
All indigenous
or naturalized |
|
|
|
|
|
Birds |
|
|
|
|
1, 2, 3, 4, 5, 7 |
Bobwhite,
Northern |
Colinus virginianus |
|
3, 4, 7 |
Mallard |
Anas platyrhynchos |
|
1,
2, 3, 4, 5, 7 |
Pheasant,
Ring-necked |
Phasianus colchicus |
|
1, 2, 3,4, 5, 7 |
Partridge,
Chukar/Redleg |
Alectoris chuka |
|
1, 2, 3, 4, 5, 7 |
Partridge,
Grey/Hungarian |
Perdix perdix |
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07; amd by #9790-A, eff 1-1-11;
EXPIRED: 6-5-15 (except for para. (b) intro. and the permittee category of
birds in Table 800.3); ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 805.05
Permit to Release
(a)
Applications for a permit to release wildlife shall include the
following:
(1) Name of applicant;
(2) Applicant's telephone number;
(3) Applicant's street address and mailing
address;
(4) Species and number of wildlife to be
released;
(5) Name, address and telephone number of person
from whom wildlife was obtained;
(6) The applicant's importation, possession or
propagation permit number, if applicable;
(7) The applicant's federal permit number, if
applicable;
(8) Town of release or town and waterbodies for
the release of fish;
(9) Exact location of all release sites;
(10) Purpose of release, to include activity and
use; and
(11) Signature of the applicant.
(b)
A permit fee in the amount of $25.00 dollars shall be submitted with
each application.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
PART Fis 806 PROPAGATION OF WILDLIFE
Fis 806.01 Permit to Propagate
(a)
No person shall engage in the propagation of wildlife without a permit
from the executive director in accordance with RSA 212:25.
(b)
No wildlife shall be propagated unless it has been designated as
controlled for these purposes under Fis 804.05 and permit has been issued. For purposes of this provision, a propagator
shall not be required to obtain a separate permit to possess.
(c)
This permit shall be valid only for the premises described in the
application. The permit shall not be transferable and shall not be assignable.
(d)
A person permitted to possess wildlife as a propagator shall have the
wildlife inspected by a veterinarian for disease, general health and condition
at least once each calendar year. This
shall not apply to propagators that raise and sell quail, pheasant or chucker
partridge instate and who sell all of their birds by the end of the calendar
year.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 806.02 Compliance Requirements. Permittees shall comply with the requirements
of Fis 803 on importing wildlife and Fis 804 on possessing wildlife.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 806.03 Reporting.
(a)
The permittee shall file an annual report with the executive director
within 30 days of the expiration date of the permit or at the time of renewal.
(b)
The report shall contain the following:
(1) The number and species of wildlife in
possession at the end of the calendar year; and
(2) The sale, death, or gift of any wildlife
possessed; and
(3) The number and species of wildlife sold or
given away; and
(4) The name, address and telephone number of the
recipient.
(c)
The permittee shall notify the department in writing within 5 business days
of any unexplained diseases or deaths occurring in wildlife possessed under a
permit to propagate wildlife.
(d)
Records of reporting required under (b) above shall be maintained and
kept for the previous 3 years.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 806.04
Permit to Propagate.
(a)
The applicant for a permit to propagate wildlife shall include the
following on an application form:
(1) Name of applicant;
(2) Applicant's street address and mailing
address;
(3) Applicant's telephone number and email
address, if applicable;
(4) Address of the facility at which the wildlife
is to be possessed;
(5) The wildlife species' common name, scientific
name, number and sex of each species which will be propagated;
(6) Date of application;
(7) Federal permit number, if applicable; and
(8) Signature of applicant.
(b)
Permittees requesting renewal of a propagation permit shall submit:
(1) A census
listing of the number and species of wildlife in possession at the time of
renewal; and
(2) Documentation that the wildlife have been
inspected pursuant to Fis 806.01(d).
(c)
A permit fee in the amount of $30.00 shall be submitted with each
application or renewal application.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 806.05 Snowshoe Hare Live-Capture Requirements.
(a)
As part of the fish and game department’s responsibility to recognize,
preserve, and promote the state’s hunting heritage, these rules allow the
continuance of a long-held tradition of hunting hares and rabbits with trained
beagles by fostering responsible dog training and breeding and promoting
interest in the hunting of snowshoe hares.
The purpose of these rules is to allow the limited take of snowshoe
hares in a manner that will not have an adverse effect on the population of
snowshoe hares. These rules regulate the
taking of live snowshoe hares from the wild within New Hampshire and allow a
limited number of hares to be held in captivity for propagation and training
purposes.
(b)
Applicants for a “Permit to Live-Capture Snowshoe Hare” shall provide
the following on the form:
(1) Name and home mailing address and telephone
number;
(2) Applicant’s trapping license number;
(3) Beagle club affiliation and the address of
the beagle club;
(4) A statement with the signature of the beagle
club president authorizing the applicant to live-capture snowshoe hare on the
club’s behalf.
(5) The number of a valid permit to propagate
wildlife issued to the beagle club as specified in Fis 806.01 and Fis 806.04.
(c)
The live-capture of snowshoe hares shall only be conducted by licensed
trappers who have been designated by the club to live-capture hares on the
club’s behalf, and be subject to the following conditions:
(1) The live-capture of snowshoe hares shall only
be done during the open season for taking hares as specified in Fis
301.10(a)(1);
(2) Live-capture shall be conducted only on
private land with written landowner permission.
(3) Live-capture shall be done only by box-trap;
(4) Traps shall be securely labeled with the name
and contact information of the permittee;
(5) Traps shall be equipped with a weatherproof
top;
(6) Each active trap shall be baited with enough
apple, rabbit feed, or alfalfa to provide for the nourishment of a captured
snowshoe hare for at least 24 hours;
(7) Traps shall be checked at least once in every
calendar day;
(8) No more than 20 snowshoe hares per season may
be live-captured by each qualifying beagle club with no more than 10 snowshoe
hares live-captured per season from the combined area of wildlife management
units H1, H2, I1, I2, J2, K, L, and M;
(9) No live capture of snowshoe hare shall be
conducted in those areas closed to the taking of cottontail rabbits as
specified in Fis 301.10(c);
(10) Snowshoe hares that die during live-capture
efforts shall count as part of the 20 snowshoe hares allowed per year per club;
(11) Snowshoe hares not kept for training or
propagation purposes shall be immediately released at the site of capture; and
(12) No more than 10 licensed trappers shall be
designated per beagle club to live-capture snowshoe hare on that club’s behalf
during the term of the permit.
(d)
No fees shall be charged to any beagle club by persons engaged in
snowshoe live-capture. This shall not
preclude reimbursement of expenses associated with the live-capture and care of
snowshoe hares by club members on behalf of their respective clubs.
(e)
Live-captured snowshoe hares shall remain on the capturing club’s
property and not be transferred elsewhere.
(f)
Progeny of live-captured snowshoe hares may be transferred or exchanged
with another permitted beagle club provided that no money shall be charged by
either club to the other for the value of the animal.
(g)
A permittee holding a snowshoe hare in captivity for propagation
purposes shall:
(1) Hold the animal in accordance with the
possession requirements of Fis 804; and
(2) At least once each calendar year contact the
law enforcement division to request a visit from a conservation officer in
order to select and remove one or more animals for inspection by a
veterinarian.
(h)
The conservation officer shall transport the selected animal(s) to the
veterinarian, to be examined for disease, general health and condition, with
the cost of the inspection to be borne by the permittee.
(i)
Snowshoe hares that escape from established pens on club property may be
recaptured during the open season for taking snowshoe hare within 50 yards of
their established pens and shall not count towards the season limit.
(j)
Any snowshoe hares live-captured and held for release under this program
shall be released on club property within 2 days of capture.
(k)
Each club shall provide to the department an annual “Snowshoe Hare
Live-capture Summary Report” to include:
(1) The name and address of the beagle club;
(2) The date of report;
(3) The name of the individuals who live-captured
or attempted to live-capture snowshoe hares on behalf of the club;
(4) The total number of:
a. Traps set; and
b. Days trapping occurred;
(5) The number of snowshoe hares caught, by sex,
by town, and by WMU;
(6) The number of snowshoe hares that died as a
result of live-capture efforts, by cause of death;
(7) The number of snowshoe hares retained for
training;
(8) The number of snowshoe hares retained for
propagation;
(9) The number of non-target animals captured and
released by species, WMU, and town;
(10) The number of non-target mortalities by
species, town and WMU;
(11) The number of snowshoe hares propagated on
club grounds through a breeding program during the preceding calendar year;
(12) The written report of a veterinarian
regarding the general health and condition of animals held for training or
propagation purposes; and
(13) The name and signature of the person
submitting the report, signed subject to the penalties for making unsworn false
statements under RSA 641:3.
(l)
Annual summary reports shall be submitted to the department by April
15th. No permits to live-capture in subsequent years shall be issued
to clubs until the annual report from the last year a permit was held is
received.
Source. #8792, eff 1-9-07; ss by #10619, eff 6-2-14;
ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16; ss by #12591, eff
7-25-18
Source. #8792, eff 1-9-07; ss by #10619, eff 6-2-14;
ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16; ss by #12591, eff
7-25-18; ss by #13194, eff 4-24-21
PART Fis 807 AQUACULTURE - INLAND AND MARINE
REVISION NOTE:
Document
#6028, effective 4-27-95, made extensive changes to the wording, format, and structure
of Part Fis 807. Document #6028 replaces
the prior filing in Document #5507, effective 11-20-92, for the sections in
Part Fis 807.
Fis 807.01 Definitions.
(a)
"Abutter" means any person whose property adjoins or is
directly across a right of way from the site under consideration.
(b)
"Littoral owner" means a shore front property owner who owns
to the high water mark or other public/private boundary and whose property
boundaries abut the site under consideration.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6028, eff 4-27-95 (See Revision Note at part
heading for Fis 807); ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 807.02 License Required.
(a)
An aquaculture license shall be required for any person engaging in
aquaculture, as defined in RSA 211:62-e, of aquatic or marine species. The
license shall include fishing preserves or fee-fishing operations, but no fee
under this part shall be required for a fee-fishing operation wholly contained
in a permitted regulated shooting area operation specified in Fis 808.
(b)
An aquaculture licensee may raise and sell bait under Fis 807 without
the requirement for a bait dealer license under 214:34. Any person taking bait
from the wild and then raising and selling bait shall have both licenses.
(c)
An aquaculture license shall not be issued unless the applicant
possesses ownership title or possesses a lease hold to all land bordering the
body of water, provided the waterbody is not public waters. This provision
shall not apply to marine operations.
(d)
No aquaculture licenses shall be issued for any operation in a public
body of freshwater supporting natural populations of fish. This provision shall
not apply to marine aquaculture operations.
(e)
Only areas classified as "restricted" or "conditionally
restricted", by the commissioner of the department of health and human
services pursuant to He-P 2150.02, due to the presence of a waste water
treatment outfall shall be considered for marine aquaculture operations which
include harvesting of the wild natural shellfish.
(f)
No aquaculture license shall be granted if the executive director
determines that any portion of the aquaculture operation would adversely impact
the state's aquatic or marine resources or would impose unacceptable disease,
ecological, environmental, health, safety or welfare risks to persons, the
environment, aquatic or marine species as required by RSA 211:62-e.
(g)
Unacceptable risk shall be determined by considering any negative impact
the aquaculture operation would have on persons, the environment, indigenous
aquatic or marine species using the following criteria:
(1) The proposed species:
a. Life cycle;
b. Life history;
c. Reproductive habits; and
d. Habitat requirements;
(2) Genetics of the individual wildlife;
(3) Interaction with competing species;
(4) Food/habitat competition with indigenous
species; and
(5) Other factors relating to the proposed
operation such as:
a. Types of system, whether closed or
controlled, and
b. Screened outlets or other enclosures.
(h)
Aquaculture licenses shall be granted for the specific species listed on
the application and permit.
(i)
All importation and release of aquatic and marine species shall be in
compliance with the requirements for the importation and release of wildlife in
Fis 803 and Fis 805.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6028, eff 4-27-95 (See Revision Note at part
heading for Fis 807); ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07; ss by #10478, eff 1-1-14;
ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 807.03
Application Procedure for an Inland Aquaculture License.
(a)
Each applicant for an inland aquaculture license for aquatic species
under RSA 211:62-e shall complete and submit an application form.
(b)
The applicant shall include the following on the form:
(1) The name and address of applicant;
(2) The applicant's telephone number;
(3) Date of application;
(4) Type of aquaculture operation such as:
a. Fee fishing operation;
b. A fishing preserve;
c. Hatchery operation;
d. Fish for sale in restaurant/retail food
market -as a- live or dead product; and
e. Bait fish for sale; and
f. Pond stocking;
(5) A statement as to who owns or controls the
waters and land bordering the waterbody and whether applicant holds title or
lease to such land;
(6) A list of the species to be cultured or
possessed under the aquaculture license;
(7) A description of the proposed project,
including methodology;
(8) The city or town in which the water is
located;
(9) The location and description of the
geographic area where the proposed project is to be undertaken;
(10) A statement as to the type of facility such
as:
a. An artificial reservoir;
b. Natural pond;
c. Brook;
d. Stream;
e. Farm pond;
f. Rearing tanks; or
g. Other;
(11) If in a lake or pond, the name of the body of
water if any and the following information:
a. The area of the waterbody when full;
b. The average depth;
c. The length and height of any dam;
d. The location of any inlet; and
e. Whether there are any screens on inlets; and
(12) If a non-navigable brook or stream, include
the following information:
a. Length of brook or stream on applicants
property;
b. What river system it empties into; and
c. Whether it is screened to hold fish within
the boundaries of your premises.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6028, eff 4-27-95 (See Revision Note at part
heading for Fis 807); ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 807.04 Conditions of the Inland Aquaculture
License.
(a)
An aquaculture license shall have additional specific conditions imposed
such as listed in paragraph (b) below, if necessary to control any disease,
genetic, ecological, environmental, health, safety or welfare risks to persons,
the environment, aquatic or marine species.
(b)
Conditions which address the type of operations shall include:
(1) The type of system - a closed system or
controlled system;
(2) Screened outlets;
(3) Enclosures;
(4) Species restrictions; or
(5) Genetic restrictions.
(c)
Screening devices or other methods of containment shall be maintained at
all times to prevent the release of aquatic species into the wild.
(d)
An aquaculture license may buy and resell or exchange species from
another instate aquaculture business without being required to bring the
species into the licensee's own hatchery facility.
(e)
Aquaculture licensees shall be subject to the requirements for importing
and releasing fish under Fis 803 and Fis 805 except that aquaculture licensees
may stock brook trout, rainbow trout, or brown trout from their facility into non-public
bodies of water that are closed systems without a permit to release fish.
(f) A copy of the aquaculture license shall be
carried on all vehicles used for transporting species.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6028, eff 4-27-95 (See Revision Note at part
heading for Fis 807); ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07; amd by #9773-A, eff 1-1-11;
paras. (a)-(d) and (f) EXPIRED: 6-5-15; ss by #10868, INTERIM, eff 6-25-15,
EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 807.05
(a)
Species propagated or raised under a commercial inland aquaculture
license may be sold.
(b)
The inland aquaculture licensee shall provide a dated bill of sale or record
of the transaction to the purchaser.
(c)
The dated bill of sale or record of transaction shall include:
(1) The species;
(2) Number/quantity;
(3) The aquaculture license number; and
(4) Hatchery Source.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6028, eff 4-27-95 (See Revision Note at part
heading for Fis 807); ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 807.06
Reporting on an Inland Aquaculture License.
(a)
For inland aquaculture licensees, no annual report for aquatic species
shall be submitted to the department.
(b)
Each inland aquaculture operation shall maintain records as follows:
(1) Of all aquatic species bought, sold or
shipped;
(2) The name and address of the buyer and seller;
(3) The appropriate license or permit number of
the buyer/seller;
(4) The transaction date;
(5) The species, number/pounds of each species in
the transaction; and
(6) The origin of aquatic species involved.
(c)
Such records shall be kept for a minimum of 2 years and shall be made
immediately available to the executive director or his agent upon request.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6028, eff 4-27-95 (See Revision Note at part
heading for Fis 807); ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRES: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 807.07 Application Procedures for a Marine
Aquaculture License.
(a)
Each applicant for a marine aquaculture license under RSA 211:62-e shall
make application in writing to the executive director.
(b)
The applicant shall complete and submit an application containing the
following:
(1) A list of the species to be managed or
cultivated;
(2) A description of the proposed project,
including:
a. Methodology;
b. The type of aquaculture operation such as
bottom culture, suspended culture, pen culture or a land-based system;
c. The location and description of the
geographic area where the proposed project is to be undertaken described by
latitude and longitude coordinates and identified on the most detailed NOAA
chart of the particular area or USGS map for a landbased operation;
d. Site specific information which is available
including:
1. Tidal information;
2. Location of natural resources
such as shellfish and eelgrass beds and finfish stocks;
3. Benthic characterization of sediment types;
4. Recreational and/or commercial activities in
and around the site; and
5. Navigational
aspects such as channels, navigational aids, vessel traffic, or moorings; and
e. Type, size and configuration of any gear used
during any phase of the aquaculture operations and how it will be used;
(3) Source of organisms to be utilized throughout
the project;
(4) Disposition of organisms during the various
phases of the project;
(5) A list of any biocides, algaecides,
antibiotics or other methods of control or treatment to be used during the
project;
(6) A description of any restricted use proposed
by the aquaculture project which shall include identifying any existing
activity which would be restricted or prohibited;
(7) A written
statement that the applicant either owns or has written permission from the
owner(s) to exercise any littoral right, necessary to carry out the proposed
project;
(8) List of agencies to whom copies of complete
application will be sent as required in Fis 807.07 (g)( 2); and
(9) A copy of the current municipal tax map and
complete list of names and addresses of all the abutters and littoral owners to
the proposed project.
(c)
Upon receipt of the application the executive director shall determine
the completeness of the application and notify the applicant in writing within
30 days as to its completeness or describe fully any deficiency found.
(d)
The department shall conduct a site assessment or evaluation for any
area that has not had a site assessment completed within the previous 2
years. The department staff shall
conduct the site assessment for purposes of verifying or updating data and
information included in the application.
Site assessments shall be conducted between May and October.
(e)
The site assessment shall include but not limited to:
(1) Site visit;
(2) Benthic substrate evaluation to characterize
the sediment types;
(3) Review of the
(4) Typical wildlife and aquatic plants;
(5) Location of channel, navigational aids,
moorings;
(6) Recreational, commercial, or other activities
being conducted in the area;
(7) Tidal information such as flow rate, height
or direction; and
(8) Location of other aquaculture activities
within one mile of the proposed site(s).
(f)
After the complete application has
been received and the department's site evaluation is complete, the executive
director shall set a hearing date and notify the applicant of the date, time
and location of the hearing.
(g)
Upon being notified that the hearing date has been scheduled, the
applicant shall:
(1) Send written notice at least 21 days prior to
the public hearing by certified mail to all abutters and littoral owners of the
proposed project, if different from the licensee, and submit copies of the
certified receipts to the executive director; and
(2) Send copies of the complete application and notification
of the public hearing to any other state or federal agencies that might require
permitting, licensing or have jurisdiction over activities associated with the
proposed project such as but not limited to:
a. The NH department of health and human
services;
b. The NH
department of environmental services;
c. The NH port authority, the Army Corps of
Engineers;
d. The
Environmental Protection Agency;
e. The
f. The National Marine Fisheries Services.
(h)
The notice to land owners required in Fis 807.07(g)(1) shall include:
(1) The details of the project;
(2) The exact location(s) of the project;
(3) The date, time and place of the public
hearing;
(4) The name and mailing address of executive
director so that they can respond in writing; and
(5) The deadline for written comment which shall
be 14 days after the scheduled public hearing.
(i)
The executive director shall provide public notice in the newspaper of
the scheduled hearing at least 21 days prior to the hearing. Any interested person may submit written
comments on the proposed project to the executive director up to 14 days after
the public hearing on the proposed aquaculture project.
(j) The executive director shall review all of
the information to determine that the proposed aquaculture operation
would not pose any unacceptable risk as specified in Fis 807.02(g), does not
conflict with or negatively impact any recreational, commercial or other use
currently being conducted in the area in and around the proposed project area,
or does not adversely impact the value or use of private property in and around
the projected area before issuing a license.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6028, eff 4-27-95 (See Revision Note at part
heading for Fis 807); ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRES: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 807.08 Conditions of the License - Marine.
(a)
All marine aquaculture operations and associated activities including,
but not limited to, transporting and labeling and marking shellfish shall be
conducted in compliance with all state and federal law and regulations.
(b)
Persons licensed for aquaculture operations shall conduct environmental
monitoring if the department deems it necessary to determine any degradation
directly related to the aquaculture operation of the marine environment or
marine species.
(c)
The licensee shall report any unusual event that occurs within 48 hours
to the executive director followed by a letter outlining the circumstances of
the event within 5 days. An unusual event means any event related to the
aquaculture operation that might have a negative impact on the environment.
(d)
The issuance of license under this part shall not confer a waiver of
liability for any degradation, directly related to the aquaculture operation,
to the environment or marine species.
(e)
When harvesting indigenous stocks, the licensee and the executive
director shall agree on the number or quantity to be harvested and the
timetable for harvest prior to the issuance of the license.
(f)
The
executive director shall revoke an aquaculture license, after notice and
hearing in accordance with RSA 541-A and Fis 200, for violating one or more
conditions described in the license.
(g)
Any person whose aquaculture license has been revoked shall be required
to reapply using the procedures outlined in Fis 807.07.
(h)
There shall be at least 150 feet between locations of licensed marine
bottom aquaculture operations inland of the
(i)
The maximum size of any licensed bottom aquaculture site inland of the
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6028, eff 4-27-95 (See Revision Note at part
heading for Fis 807); ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07; ss by #10264, eff 1-29-13;
ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 807.09
(a)
For marine aquaculture licensees, each package of product sold for use
as food shall be marked with the species, number/quantity, the aquaculture
license number, hatchery source, and destination.
(b)
The marine aquaculture licensee shall provide a dated bill of sale or
record of the transaction to the purchaser.
(c)
The dated bill of sale or record of transaction shall include:
(1) The species;
(2) Number/quantity and size;
(3) The aquaculture license number;
(4) Hatchery source; and
(5) Destination.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6028, eff 4-27-95 (See Revision Note at part
heading for Fis 807); ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 807.10
Reporting - Marine.
(a)
Marine aquaculture licensees shall submit a report to the executive
director by the 10th of each month, for the previous month. Monthly aquaculture reports shall be
submitted on paper or via electronic means and shall contain the following:
(1) Harvest date;
(2) Species sold;
(3) Number or pounds of species sold;
(4) Disposition of species sold;
(5) Ex-vessel value or price of species sold;
(6) Port, county, and state where species were
landed;
(7) The aquaculture license number;
(8) Date species were sold;
(9) Grade and market size of species sold;
(10) Catch source; and
(11) For shellfish harvests, the following:
a. Time of harvest;
b. Time of icing; and
c. Temperature at receiving.
(b)
Marine aquaculture licensees shall submit a report by January 31st
of each year, on paper or via electronic means, to the executive director. Annual aquaculture reports shall contain the
following for the previous calendar year:
(1) Results and findings of the environmental
monitoring in Fis 807.08(b);
(2) Any unusual events occurring during the year;
and
(3) Summary of activities over the license year
including imports and release information.
(c)
The submission of complete annual aquaculture reports and all monthly
aquaculture reports required during the duration of the current license shall
be required for the renewal of any marine aquaculture license under Fis
807.11(1).
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6028, eff 4-27-95 (See Revision Note at part
heading for Fis 807); ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16; ss by 11052, eff 3-9-16
Fis 807.11 Fees,
Amendments, Renewals or Transfers.
(a) The annual fee for an aquaculture
license for a commercial inland operation shall be $100. For purposes of this
section, "commercial inland operation" shall include fishing
preserves or fee fishing operations.
(b) The annual fee for an
aquaculture license for an inland operation which is not commercial shall be
$20.
(c) The annual fee for an
aquaculture license for a land-based marine operation shall be $100.
(d) Fees for any
aquaculture operation to be situated in marine or estuarine waters such as a
bottom culture, suspended culture, or pen culture operation shall be as
follows:
(1) A
non-refundable $200 application fee;
(2) An annual
license fee based on acreage covered by the license based on;
a. $200 per acre
for bottom culture;
b. $500 per acre
for suspended culture; or
c. $750 per acre
for pen culture; and
(3) Any person
harvesting the state's wild natural resources or cultured resources shall be
charged $.015 per individual organism for American oysters and a
$.01 per pound processing fee for fish taken
from a pen culture.
(e) Annual commercial aquaculture
licenses shall expire on December 31, but may be renewed annually as long as
the operation is conducted under the conditions of the current license.
(f) Oyster aquaculture operations in
Great Bay Estuary may obtain a license good for 5 consecutive calendar years
pursuant to RSA 211:62-e II-b.
(g) Fees for the 5 year license
shall be as follows:
(1) A non-refundable
$200 application fee;
(2) A license fee
based on acreage covered by the license based on:
a. $1000 per acre
for bottom culture; or
b. $2500 per acre
for suspended culture;
(3) Any person
harvesting the state's wild natural resources or cultured resources shall be
charged $.015 per individual organism for American oysters; and
(4) A surcharge in the amount of $15 to
be placed into the derelict fishing gear and coastal cleanup fund, established by RSA 211:77, unless exempted
in accordance with RSA 211:62-e, II-b.
(h) The 5 year license for
commercial oyster aquaculture operations in Great Bay Estuary shall expire on
December 31, but may be renewed as long as the operation is conducted under the
conditions of the current license.
(i) The fees in (d)(3), (g)(3), and
(g)(4) shall be paid annually.
(j) To amend the species on a
current aquaculture license or add or change species covered by the license to
a similar species within the same family, the licensee shall submit a new
application, at no cost.
(k) The licensee shall submit an
application for a new license for requesting a change in the type of operation
or species.
(l) Renewal of an existing aquaculture
license for an aquaculture operation in marine or estuarine waters shall be
$100. This renewal fee shall be in addition to any fee required
by Fis 807.11(d)(2), (d)(3), (g)(2), (g)(3), and (g)(4).
(m) A commercial aquaculture license
may be transferred along with a sale of a business to a new owner for
the duration of that license provided all requirements and conditions of the
license shall be met.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6028, eff 4-27-95 (See Revision Note at part
heading for Fis 807); ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07; ss by #10264, eff 1-29-13;
ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16; ss by #13476, eff
10-28-22
Fis 807.12 Competing Aquaculture Applications.
(a) In the event the department receives
competing aquaculture applications for the same areas, the department shall
give preference on a first-come first-served basis.
(b) If 2 or more applications for the same area
are received by the department on the same business day, a lottery shall be
held by the department to determine which application will be given preference.
(c) The lottery drawing shall be conducted in the
following manner:
(1) Each competing application
shall be assigned a unique number;
(2) Selection of winning number
shall be done by computer selection of random numbers; and
(3) Applicants on each
competing application shall be invited via email to attend the lottery.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6028, eff 4-27-95 (See Revision Note at part
heading for Fis 807); ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16; ss by #12652, eff
10-27-18
Fis 807.13
Waiver.
(a)
The executive director shall waive rules relative to the possession
and/or sale of undersize marine species, except lobster, for aquaculture
operations if the executive director determines that the operation and handling
of the species:
(1) Does not impact the management of that marine
species;
(2) Does not jeopardize the enforcement efforts
directed towards wild stocks; and
(3) Properly tracks source, quantity and
destination of the species.
(b)
The executive director shall waive rules relative to the method of
taking marine species for aquaculture operations if the executive director
determines that the manner and method of taking:
(1) Does not adversely impact the state's
wildlife or marine resources in the area of the aquaculture operation;
(2) Does not adversely interfere with other users
of the area;
(3) Is restricted to the area licensed for
aquaculture; and
(4) Does not result in the possession of other
marine species.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6028, eff 4-27-95 (See Revision Note at part
heading for Fis 807); ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 807.14 Aquaculture Raised Hybrid Striped Bass.
(a)
The purpose of this rule is to provide consistency in the regulation of
the sale of aquaculture raised hybrid striped bass. Aquaculture raised hybrid striped bass (Morone saxatilis X M. chrysops) produced
for market create a potential outlet for undersized striped bass that could
undermine the management and enforcement goals.
Aquaculture raised striped bass for market can be easily and quickly
shipped to all parts of the country.
Regulations governing transport, handling, and sale are most effective
if standardized among the states. This
section is drafted to be consistent with provisions of Resolution IV adopted by
the Atlantic States Marine Fisheries Commission in 1989.
(b)
No person shall market, promote, advertise, or sell hybrid striped bass
as "striped bass". Only the
term "hybrid striped" bass shall be used.
(c)
The licensee shall affix a tag or label to each fish container holding
whole aquaculture raised hybrid striped bass.
(d)
The tag shall be clearly marked as hybrid striped bass and contain the following:
(1) State of origin;
(2) Name and address of shipping and receiving
dealers;
(3) State permit number, if applicable;
(4) Date shipped; and
(5) Weight of container.
(e)
Whole hybrid striped bass or fillets of aquaculture raised hybrid
striped bass shall have the skin attached.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 807.15 Protection of Aquaculture Gear and Product.
(a)
No person, except the owner, the executive director, or his agent, shall
molest, pull, tend, possess, or disturb any gear used in a licensed marine
aquaculture operation or any marine species raised therein without the written
permission of the owner.
(b)
No person, except the licensee or an individual with written permission
from the licensee, shall take or possess oysters, clams, or mussels from a
licensed aquaculture site that is properly marked with yellow buoys at each
corner.
Source. #10709, eff 1-1-15, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16; ss by #12368, eff
8-22-17
PART Fis 808 REGULATED SHOOTING AREAS
Fis 808.01 Statement of Applicability. Fis 808.03 shall not apply to any person
licensed as a propagator for the purpose of taking wildlife in a hunting
preserve setting prior to, including and continuously since 1968 but
non-conforming tracts shall not increase in size. No new non-conforming tracts shall be
permitted.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 808.02
Permit Requirements.
(a)
Regulated shooting area permits specified in Fis 808.10 shall expire on
December 31 of the calendar year of issuance unless sooner revoked.
(b)
A regulated shooting area permit shall be valid only for the premises
described in the application.
(c)
Upon notification to the department, a regulated shooting area permit
may be transferred along with a sale of a business to a new owner for the
duration of that license provided all requirements and conditions of the
license shall be met.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 808.03 Property Requirements.
(a)
A regulated shooting area shall include up to, but not exceed, 500
contiguous acres.
(b)
No regulated shooting area operation shall be conducted on land less
than 50 acres.
(c)
Land utilized for regulated shooting area activities may be privately
owned or leased provided:
(1) The property shall be contiguous and not
crossed or bisected by any public right-of-ways; and
(2) Any lease of land shall be for a term of not
less than one year from the date of application.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 808.04 Posting of Land. All regulated shooting areas shall be posted
in a manner as prescribed by RSA 635:4, and shall clearly delineate any areas
within 300 feet of occupied dwellings and/or public ways which might pose a
threat to non-participants in the event of a shooting activity.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 808.05 Required Elements of Regulated Shooting
Area Rules.
(a)
Each regulated shooting area shall establish rules for the regulated
shooting area including but not limited to:
(1) Shooting hours;
(2) Qualifications for engaging in a shooting
activity; and
(3) General rules for the safe operation of the
area such as:
a. Shooting hours;
b. Range rules;
c. Field safety considerations; or
d. Other safety requirements.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 808.06 Municipal Notification.
(b)
The department shall notify the municipality in writing of new
applications and afford the town or municipality 30 days from the date on the
letter to contact the department with any comments or concerns.
(c)
No response from the town or municipality shall indicate that it has no
comments to make during the application process and at which time the
department shall resume the review of the application.
(d)
The department shall deny any new application not in compliance with
local zoning provisions and other local ordinances and codes.
(e)
This section shall not apply to licensees applying for renewal of their
current license for a regulated shooting area.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 808.07 Requirements for Taking of Certain Species.
(a)
The taking of any species of wildlife from the licensed premises which
is not listed on the regulated shooting area permit shall conform to all rules
for such species as prescribed in Fis 300 and RSA 208, RSA 209 and RSA 210.
(b)
The licensee shall provide a tag or receipt for all other wildlife taken
under the regulated shooting area as identification that they were legally
taken and possessed.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; amd by #6116, eff 11-22-95; ss by #6889, eff 11-21-98,
EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 808.08
Required Report.
(a)
Regulated shooting area permittees shall file an annual report with the
executive director within 30 days of the expiration date of the permit or at
the time of renewal.
(b)
The annual report required in (a) above shall include:
(1) The number of wildlife imported to the
preserve;
(2) The number and species of wildlife released
on to the regulated shooting area; and
(3) The number of wildlife taken from the
permittee's premises;
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, eff 6-5-07, EXPIRED:
6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 808.09 Compliance Requirements. Regulated shooting area permittees shall
comply with the requirements of parts Fis 803, Fis 804 and Fis 805 for the
importation, possession and release of wildlife.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 808.10
Regulated Shooting Area Permit Application.
(a)
Applicants for a regulated shooting area permit shall provide the
following information on or with the application form:
(1) Name of applicant;
(2) Applicant's street address and mailing
address;
(3) Applicant's telephone number and email
address, if applicable;
(4) Address of the preserve;
(5) A plan of the premises including:
a. Clear delineation of all boundary lines,
fences and roadways;
b. Location of all buildings, physical
improvements and bodies of water;
c. All areas determined to be shooting or
non-shooting areas; and
d. Total acreage of parcel;
(6) A copy of any lease and its terms, if
applicable;
(7) A copy of the rules for the regulated
shooting area;
(8) Date of application;
(9) Importation permit number, if applicable;
(10) Federal permit number, if applicable;
(11) The name and address of municipality where
notification of application was sent; and
(12) Signature of applicant.
(b)
For renewal of an existing regulated shooting area, the permittee shall
request a renewal of the permit in writing by including on or with the application
form:
(1) The permittee's name and address;
(2) A statement that there have been no changes
to the original application and that the operation is in compliance with all of
the fish and game regulations; and
(3) The annual report specified in Fis 808.08.
(c)
A permit fee in the amount of $150.00 shall be submitted with each
application and renewal application.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, eff 6-5-07, EXPIRED:
6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
PART Fis 809 INDIVIDUAL TRAINING AND SHOOTING PERMIT
Fis 809.01 "Individual training and shooting
permit" means a permit issued for the purpose of releasing and/or taking
of the released game birds to train dogs.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 809.02
Individual Training and Shooting Permit Requirements.
(a)
An individual training and shooting permit shall be issued only to an
individual person for the person's property or for use on another person's
property provided written permission has been provided.
(b)
The individual training and shooting permit shall allow an individual
person to possess, release and shoot permitted wildlife solely for the purpose
of teaching a dog to track, point, flush and/or retrieve game birds. No other
activities shall be allowed under this permit.
(c)
An individual training and shooting permit shall expire on December 31
of the calendar year of issuance unless sooner revoked.
(d)
An individual training and shooting permit shall be valid only for the
premises described in the application and the permit shall not be transferable
or assignable. Applicants may list up to
5 sites.
(e)
The individual training and shooting permit shall not be used as a
regulated shooting area permit.
(f)
No more than 3 licensed hunters with firearms shall use the same parcel
of land at any one time, during a training session under this permit.
(g)
No fees shall be charged by the permittee to another individual
participating in this regulated activity.
(h)
Each person training and shooting under an individual training and
shooting permit shall have a license under RSA 214: 9 unless the person is a
resident landowner engaged in the regulated activity on their own property
pursuant to RSA 214:2.
(i)
The permittee shall comply with the requirements for possession, except
that a separate permit to possess shall not be required.
(j)
During the open season the daily bag limits shall apply.
(k)
On state owned or managed lands no shooting shall occur during the
closed seasons.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, eff 6-5-07, EXPIRED:
6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 809.03 Individual Training and Shooting Permit Application.
(a)
The applicant for an individual training and shooting permit shall
include the following on the application form:
(1) Name of applicant;
(2) Applicant's street address and mailing
address;
(3) Applicant's telephone number;
(4) Exact location of properties where proposed
activity will occur;
(5) The name, address and telephone number of
person giving applicant the right to use another person's property under this
permit, if applicable;
(6) A copy of the written permission of landowner
for use of the properties described above, if applicable;
(7) Date of application;
(8) Current hunting license number if applicable;
and
(9) Signature of applicant.
(b)
A permit fee in the amount of $20.00 shall be submitted with each application
and renewal application.
(c)
A hunting license shall not be required if the permittee is a resident
landowner engaged in the regulated activity on their own property pursuant to
RSA 214:2.
Source. (See Revision Note at chapter heading for Fis
800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED 5-21-07
New. #8893, eff 6-5-07, eff 6-5-07, EXPIRED:
6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
PART Fis 810 EXHIBITION
Fis 810.01 Exhibition of
(a)
A permit to exhibit wildlife shall be required for any person offering
wildlife for exhibition to the public pursuant to RSA 207:14. This permit shall
allow wildlife to be viewed by the public while the wildlife are restricted to
an enclosure.
(b)
There shall be no human contact with the wildlife except by the
permittee except as specified in (c).
(c)
Exhibitors permitted to exhibit fallow deer (Dama dama) or
reindeer (Rangifer tarandus) may allow human contact with the deer.
(d)
The permittee shall safe guard the public from exhibited wildlife.
(e)
Applicants for permit to exhibit venomous reptiles shall demonstrate
that they have 1,000 hours of practical experience in the handling and
possession of venomous species.
Source. #6191, eff 2-22-96; ss by #6889, eff
11-21-98; ss by #7945, eff 8-28-03; ss by #8893, eff 6-5-07, EXPIRED:
6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 810.02
Requirements for Permit to Exhibit
(a)
No permanent exhibition of live wildlife shall be located within 100
feet from the center line of any highway, road or street.
(b)
Permits to exhibit shall expire on December 31 of the calendar year of
issuance unless sooner revoked.
(c)
A permit to exhibit shall be valid only for the fixed or mobile facility
described in the application and the permit shall not be transferable or
assignable.
(d)
If applicable, the permittee shall possess all of the required federal
permits and comply with all the laws and rules set forth by such permit for
wildlife regulated by the United States Department of Agriculture and the
USFWS. Possession of a federal permit shall not allow the possession of species
that are prohibited by the state of
(e)
The permittee shall provide at all times the necessary protection to the
wildlife to ensure its well being while in the public view and shall also
conform with all requirements of this part.
(f)
The permittee or the permittee's designee shall be present at the
location where the wildlife is being exhibited.
(g)
If the exhibition of wildlife is mobile or transitory in nature, the
permittee shall provide, at least 48 hours in advance, a list of exhibition
dates and locations in the state. A copy
or fax of the itinerary required by the USDA which includes all exhibition
dates and location in and out of state may be faxed or mailed to the department
in lieu of making up a new list for instate locations only.
(h)
Exhibitions, enclosures or cages not regulated by the United States
Department of Agriculture shall conform to the pertinent enclosure or caging
requirements for wildlife under Part Fis 804.
(i)
A person with a permit to exhibit wildlife shall allow the executive
director or the executive director's agents to inspect the enclosures, cages,
exhibition facilities, wildlife and all pertinent reports to ensure compliance
with the requirements of this chapter.
Such inspection shall be undertaken at a reasonable time.
(j)
No exhibitor shall import, acquire or add any new wildlife if the
exhibitor is in direct non-compliance pursuant to USDA regulations or is not in
compliance with the fish and game rules.
(k)
Direct non-compliance means that the wildlife is being handled in such a
way as to be a risk to the animal or the public and includes, but is not
limited to:
(1) Unsafe shelter or enclosure;
(2) Potential for escape exists;
(3)
(4) Spoiled food or other nutritional issues; and
(5) Improper ventilation for indoor housing.
(l)
Exhibitors of venomous reptiles shall provide the department and their
local
(m)
Exhibitors of venomous reptiles shall provide written documentation of
membership in an approved venom bank.
(n)
Exhibitors of venomous reptiles shall micro-chip, for identification
purposes, any specimens listed on the state’s threatened or endangered species
list pursuant to Fis 1001.01(a) and Fis 1002.02(a).
(o)
Exhibitors of venomous reptiles shall notify the department within 48
hours of any changes in inventory of venomous reptiles as a result of
acquisition, reproduction and mortality.
(p)
Specimens of reptiles listed in the threatened or endangered species
list and in the possession of a permitted exhibitor shall not be sold or given
away and shall be kept in compliance with RSA 212-A.
Source. #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 810.03
Restraints.
(a)
Live wildlife may be chained or tethered to buildings or other suitable
anchorage when exhibiting wildlife as part of a presentation at a fixed
facility by direct supervision of a qualified exhibitor.
(b)
Elephants may be chained or tethered when exhibited as part of a mobile
or fixed facility.
(c)
Tethering and/or leashed wildlife shall only be allowed on the property
of the permittee or with prior written consent of the facility where the
wildlife is being exhibited.
(d)
Written consent, on a form provided by the department, shall include:
(1) Exhibitor's name and permit number;
(2) Name of facility;
(3) Name of the person accepting responsibility
for facility; and
(4) Date of the presentation.
(e)
A copy of the written consent shall be kept on the person exhibiting
wildlife and available for inspection by any person.
Source. #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, eff 6-5-07, EXPIRED:
6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 810.04
Breeding and
(a)
Exhibitors may sell wildlife to other licensed exhibitors.
(b)
Moose and white tailed deer provided, pursuant to Fis 804.13(a) to an
exhibitor licensed under this part shall not be propagated, sold, donated or
disposed of.
(c)
Violation of paragraph (b) shall result in the immediate loss of all
moose or white-tailed deer and the loss of the exhibitors permit after notice
and hearing in accordance with Fis 200.
Source. #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 810.05 Application for Permit to Exhibit.
(a)
Applicants for a permit to exhibit shall make application subject to the
penalties for making unsworn falsification under RSA 641:3.
(b)
The applicant for a permit to exhibit shall provide the following on or
with the application form:
(1) Name of applicant;
(2) Applicant's street address and mailing
address;
(3) Applicant's telephone number and email
address, if applicable;
(4) List of all wildlife to be exhibited
including species, number and sex;
(5) Individual designated to be present at all
times when wildlife is being exhibited;
(6) Federal Exhibitor's Permit number, if
applicable;
(7) Location of permanent exhibition facility, if
applicable;
(8) Location of planned exhibitions and dates, if
applicable;
(9) Date of application;
(10) Importation permit number, if applicable;
(11) Propagation Permit number, if applicable; and
(12) Signature of applicant; and
(13) Written documentation that the wildlife was
inspected in accordance with Fis 806.01(d).
Source. #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 810.06
Municipal Notification.
(a)
The department shall also notify the municipality in writing of new
applications for fixed facilities and afford the town or municipality 30 days
from the date on the letter to contact the department with any comments or
concerns.
(b)
No response from the town or municipality shall indicate that it has no
comments to make during the application process and at which time the
department shall resume the review of the application.
(c) The applicant shall be in
compliance with local zoning provisions and other local ordinances and codes.
(d)
This section shall not apply to renewal of a current exhibitors permit
by the original applicant.
Source. #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED 5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
Fis 810.07
Permit Fee.
(a)
The annual permit fee of a fixed facility open to the public shall be
$100.00. The fixed facility may also
include a mobile facility;
(b)
The annual permit fee for a mobile facility, which has no fixed facility
open to the public, shall be $50.00;
(c)
The annual permit fee for a mobile facility that is only open to the
public 5 or less times per calendar year shall be $25.00.
(d)
Out of state exhibitors who hold a USDA exhibitors license shall not be
required to obtain an additional permit to import wildlife for these animals.
Source. #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
PART Fis 811
Fis 811.01 Amphibians and Reptiles.
(a)
No person shall sell spotted turtles (Clemmys guttata),
Blanding's turtles (Emydoidea blandingii), wood turtles (Glyptemys insculpta) or Eastern box
turtles (Terrapene
(b)
No person shall sell indigenous species of reptiles or amphibians listed
in Table 800.2, including parts or eggs thereof, except:
(1) Non-living snapping turtles (Chelydra serpentina) and bull frogs (Rana
catesbeiana) raised outside the state
which may be possessed, bought and sold for use as food provided that with each
package there shall be a bill of sale bearing the species, the weight of the
package and the place of origin; and
(2) Non living amphibians and reptiles listed in
Table 800.2 for category one obtained outside the state to be used for
educational purposes.
Source. #6290, eff 7-20-96 (formerly Fis 1109.01); ss
by #6889, eff 11-21-98, EXPIRED: 11-21-06
New. #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07
New. #8893, eff 6-5-07, EXPIRED: 6-5-15
New. #10868, INTERIM, eff 6-25-15, EXPIRED:
12-22-15
New. #11029, eff 1-26-16
PART
Fis 812 WILDLIFE REHABILITATION
Fis 812.01
(a)
Pursuant to RSA 207:14, any person possessing wildlife to care for and
rehabilitate the wildlife shall obtain a wildlife rehabilitation permit.
(b)
There shall be 2 classes of wildlife rehabilitation permits as set forth
below.
(1) A
Class I apprentice wildlife rehabilitation permittee shall:
a. Be at least 18 years old;
b. Be sponsored by a holder of a Class II
rehabilitation permit; and
c. Only care for wildlife while directly
supervised by the Class I permittee’s sponsor; and
(2) A Class II wildlife rehabilitation permittee shall:
a. Be at least 18 years old; and
b. Either:
1. Work under the
consultation and support of a licensed veterinarian and shall have
satisfactorily completed 200 hours over a 2-year period as a Class I apprentice wildlife rehabilitation permittee;
2. Be a
licensed veterinarian; or
3. Hold
a valid wildlife rehabilitator license from another state.
(c)
An applicant for a Class I apprentice rehabilitation permit shall provide the following on or with the
application form:
(1) The name, address, telephone number, email
address, if applicable, and date of birth of the applicant;
(2) The types of species of animals which the
applicant is prepared to rehabilitate;
(3) Summary of experience in handling and caring
for wildlife;
(4) The date of the application;
(5) The signature of the applicant;
(6) The name, address and telephone number of the
sponsoring licensed Class II rehabilitator; and
(7) The signature of the sponsoring Class II
rehabilitator.
(d)
An applicant for a Class II rehabilitation permit shall provide the following on or with the application
form:
(1) The name, address, telephone number, email
address, if applicable, and date of birth of the applicant;
(2) The types of species of animals which the
applicant is prepared to rehabilitate;
(3) Summary of experience in handling and caring
for wildlife;
(4) The location of the rehabilitation facility;
(5) The date of the application;
(6) The signature of the applicant;
(7) The name, address and telephone number of a
licensed veterinarian with whom the applicant can consult, if the applicant is
not a veterinarian; and
(8) The signature of the consulting veterinarian,
if the applicant is not a veterinarian.
(e) In order to be eligible for a
Class II permit, an applicant either be a licensed veterinarian or shall submit
a letter of support signed by the applicant’s Class II sponsor certifying that
the applicant has met the 200 hour requirement in Fis 812.01(b)(2)b.1.
(f)
Upon receipt of a complete Class II application, fish and game department
personnel shall inspect the applicant's premises to determine if they are
adequate for the care and rehabilitation of injured or orphaned wildlife.
(g)
To be considered adequate, facilities shall:
(1) Include isolation cages for acute care that
shall be of sufficient size to permit the animal to rest in its normal posture;
(2) Include larger holding cages of sufficient
size to permit full freedom of movement and exercise for the recovery period;
(3) Be clean and well ventilated;
(4) Maintain wildlife in quiet surroundings
accessible only to the permittee and assistants; and
(5) Comply with the housing requirements of wild
animals as specified in the Third Edition, 2000, Minimum Standards for
(h)
Permits shall be issued for not more than 2 years and shall expire on
the second December 31 after issue.
(i)
The executive director shall authorize the rehabilitation of certain
rabies vector species (RVS) to rehabilitators who provide a signed statement
that the permittee assumes full liability and responsibility for themselves and
their assistants in the care of and contact with RVS. "Rabies vector species" means
raccoons, woodchucks, fox, skunks or bats.
(j)
Wildlife rehabilitation permittees shall request renewal by a written
request to the executive director.
(k)
For permit renewal, the permittee shall provide the following on or with
the application form:
(1) Permittee's name, address, and email address,
if applicable;
(2) Request for renewal;
(3) For Class I, the concurrence and signature of
the sponsoring Class II rehabilitator;
(4) For Class II, the concurrence and signature
of consulting veterinarian, if the applicant is not a veterinarian; and
(5) Signature of permittee.
(k)
Class II rehabilitators may assign assistants to work with wildlife
under their permit at the facility.
(l)
Any person who, as of October 1, 2015, was licensed by the department as
a Wildlife Rehabilitator shall be deemed a Class II Wildlife Rehabilitator.
Source. #6889, eff 11-21-98; ss by #7808, eff
12-25-02; ss by #9824, INTERIM, eff 11-24-10, EXPIRES: 5-23-11; amd by #9880-A,
eff 3-1-11, (paras. (a)-(c) & (e)-(k)); amd by
#9880-B, eff 3-1-11, (para. (d)); ss
by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 812.02 General Conditions.
(a)
A federal permit issued by the U.S. Fish and
(b)
Permittees who acquire a federal or state listed endangered or
threatened wildlife species, black bear, white-tailed deer, moose or bobcat
shall, within 24 hours, notify the fish and game department's executive
director or designee. The care and
disposition of any of these species shall be handled under the direction of the
executive director or his designee.
(c)
(d)
(e)
(f)
Except as provided in Fis 812.04, relative to unreleasable wildlife, no
wildlife shall be kept alive when, in the opinion of a consulting veterinarian,
it becomes evident that rehabilitation and release into the wild is impossible.
(g)
No injured wildlife shall be kept longer than 6 months, and no orphaned
wildlife shall be kept longer than 10 months, except as provided in Fis
812.04. If the appropriate season for
release is outside the timeframe the permittee shall notify the executive
director which wildlife will be kept until the appropriate time for release and
the expected date of release.
(h)
The permittee shall keep human contact with wildlife being rehabilitated
at a minimum.
(i)
The fish and game department and its employees shall not be responsible
for any costs and/or liability involved in the treatment of any wildlife.
Source. #6889, eff 11-21-98; ss by #7808, eff
12-25-02; ss by #9824, INTERIM, eff 11-24-10, EXPIRES: 5-23-11; ss by #9880-A,
eff 3-1-11; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 812.03 Record Keeping and Reporting Requirements.
(a)
Permittees shall maintain a current record of all wildlife received
and/or released which shall include the name and address of the permittee.
(b)
For each animal received the record shall include the following:
(1) Species;
(2) Date wildlife was found;
(3) Location where wildlife was found;
(4) Date of admission;
(5) Name, address and telephone number of
individual from whom acquired;
(6) Reason for admission;
(7) Date(s) of veterinary evaluation and/or
treatment;
(8) Disposition;
(9) Date of disposition; and
(10) Release site.
(c)
Permittees shall maintain records for 5 years.
(d)
Permittees shall submit to the department a copy of all records kept
pursuant to Fis 812.03(b) each year by January 31 of the following calendar
year.
(d)
(e)
Department personnel shall remove wildlife from the custody of the
permittee if it is discovered that the permittee is not in compliance with Fis
812.02(a), (b), (e), (f), (g), or (h) or that is determined to pose significant
risk as described in Fis 812.01(h).
Source. #6889, eff 11-21-98; ss by #7808, eff
12-25-02; ss by #9824, INTERIM, eff 11-24-10, EXPIRES: 5-23-11; ss by #9880-A,
eff 3-1-11; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 812.04 Unreleasable
(a)
When it is determined by a consulting veterinarian that, after a period
of rehabilitation, the wildlife is unreleasable or incapable of survival in the
wild, the executive director shall issue, if requested by the permittee:
(1) A permit to possess individual wildlife,
under Fis 804 for the following purposes:
a. For use in cross-fostering or surrogate
parenting of orphaned or injured juveniles; or
b. Captive propagation or research as in the
restoration and maintenance of threatened or endangered species; or
(2) A permit to exhibit unreleasable wildlife for
use in educational displays or programs, which shall be obtained in accordance
with Fis 810, provided that the animal in question is capable of feeding itself
and adapting to captivity and handling and that the facility can provide long
term care and maintenance of the animal.
(b)
There shall be no fee for the permit to possess or permit to exhibit
wildlife when wildlife remains in the possession of a licensed rehabilitator.
(c)
The permit to possess or permit to exhibit shall only be for those
individual animals determined to be unreleasable under Fis 812.04.
(d)
In addition the permittee shall secure all appropriate USFWS or USDA
federal permits to possess or exhibit federally regulated species.
Source. #6889, eff 11-21-98; ss by #7808, eff
12-25-02; ss by #9824, INTERIM, eff 11-24-10, EXPIRES: 5-23-11; ss by #9880-A,
eff 3-1-11; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
PART
Fis 813 FALCONRY PERMITS
Fis
813.01 Minimum Requirements and
Application Procedures.
(a) Any person engaging in falconry or training
raptors pursuant to RSA 209-A in
(b) Falconry permits shall expire on December 31
and shall not be valid for more than 3 years from the date of issuance or
renewal.
(c) Any person engaging in falconry shall comply
with 50 CFR Section 21.29.
(d) Applications shall be obtained from:
Wildlife Division
Attention:
Falconry Permit.
(e) Applicants and permittees shall possess a
current
(f) Nonresident falconers shall also:
(1)
Present a copy of a current falconry permit from the state where they
reside; and
(2)
Demonstrate that they legally possess the raptors by presenting a
Migratory Bird Acquisition and Disposition Report, form 3-186A, as required by
the United States Department of Interior, Fish and Wildlife Service.
(g) Any person applying for a falconry permit
shall pass the falconry examination with a correct score of at least 80
percent.
(h) The exam shall consist of 100 questions
covering basic subjects of falconry such as:
(1)
Natural history;
(2)
Basic biology;
(3)
Disease and treatment;
(4)
Housing facilities;
(5)
Handling, training and use of raptors; and
(6)
State and federal laws and regulations.
(i) The applicant shall include the following on
the application:
(1) The
name of applicant;
(2) The
address of applicant;
(3) The
applicant’s date of birth;
(4) The
telephone number and email address, if applicable, of applicant;
(5) The
class of permit requested;
(6)
(7)
Indication of what raptors the applicant intends on obtaining and the
method of obtaining the bird(s); and
(8) The
applicant's signature, signature of parent or guardian if applicant is under 18
years of age, and signature and address of sponsor if applicant is an
apprentice, dated and signed subject to the penalties for making unsworn false
statements under RSA 641:3.
(j) No person shall be issued a
Source. #8220, INTERIM, eff 11-30-04, EXPIRED: 5-29-05
(formerly Fis 1108.01)
New. #8431, eff 9-20-05; ss by #10485, eff 1-1-14;
ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis
813.02 Permit Classes.
(a) There shall be 3 classes of falconry permits
each subject to additional standards and conditions as specified below:
(1) A
permittee in the apprentice falconry permit class shall:
a. Be at least 16 years old;
b. Be sponsored by a holder of a general or
master falconry permit for the first 2 years;
c. Be accompanied for a minimum of 20 hours of
direct supervision by the apprentice's sponsor annually when practicing
falconry;
d. Not possess more than one raptor;
e. Possess only an
American kestrel (Falco sparverius) or red-tailed hawk (Buteo
jamaicensis); and
f. Not obtain more than one raptor for
replacement during any 12-month period;
(2) A
permittee in the general falconry permit class shall:
a. Be at least 18 years old;
b. Be recommended for the general falconry
permit by apprentice's sponsor who shall attest, in writing to the department,
of the apprentice's competence, general falconry knowledge and the 20 hours of
direct supervision as specified in Fis 813.02(a)(1)(c);
c. Have at least 2 years’ experience in the
practice of falconry at the apprentice level or a similar level of licensure in
another state;
d. Sponsor no more than 2 apprentice permittees
at one time after obtaining his general falconry permit;
e. Not possess more than 3 raptors for falconry;
and
f. Not obtain more than 3 raptors for
replacement birds during any 12-month period; and
(3) A
permittee in the master falconry permit class shall:
a. Have at least 5 years’ experience at the
general class level or a similar level of licensure in another state;
b. Not possess more than 3 raptors for falconry;
c. Not obtain more than 3 raptors for
replacement birds during any 12-month period; and
d. Not sponsor more than 3 apprentice permittees
at one time after obtaining the master falconry permit.
Source. #8220, INTERIM, eff 11-30-04, EXPIRED: 5-29-05
(formerly Fis 1108.02)
New. #8431, eff 9-20-05; ss by #10485, eff 1-1-14;
ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis
813.03 Amendments and Renewals.
(a) Permittees requesting amendment or renewal
shall make request on the application specified in Fis 813.01(i) for a falconry
permit and include:
(1) The
number of raptors possessed;
(2)
Species;
(3) Age
and sex of the bird, if known;
(4)
Source and date of acquisition; and
(5)
Applicant’s signature and date, signed subject to the penalties for
making unsworn false statements under RSA 641:3.
(b) A $50.00 renewal fee shall be submitted with
the request for renewal.
(c) No fee shall be required to amend a current
permit to a higher class when the permittee meets all of the requirements of
that higher class.
Source. #8220, INTERIM, eff 11-30-04, EXPIRED: 5-29-05
(formerly Fis 1108.03)
New. #8431, eff 9-20-05; ss by #10485, eff 1-1-14;
ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis
813.04 Revocation of Permit and
Seizure of Raptor.
(a) The executive director shall revoke a
falconer's permit and seize permittee's raptors as follows:
(1) The
executive director shall revoke a falconer's permit pursuant to RSA 214:19 if
the permittee is convicted of any violation of state or federal game laws or
regulations;
(2) The
executive director shall revoke a falconry permit, after notice and hearing in
accordance with RSA 541-A and Fis 200, for any failure by the permittee to
comply with any of the terms of their falconry permit;
(3)
During a period of revocation, the person whose permit was revoked shall
be issued a permit to possess wildlife under Fis 804.05, except the executive
director shall seize the raptors if the permittee's permit was revoked for
failure to comply with Fis 813.05; and
(4)
Raptors seized shall be disposed of pursuant to RSA 207:17, I.
Source. #8220, INTERIM, eff 11-30-04, EXPIRED: 5-29-05
(formerly Fis 1108.04)
New. #8431, eff 9-20-05; ss by #10485, eff 1-1-14;
ss by #10868, INTERIM, eff 6-25-15, EXPIRES: 12-22-15
New. #11029, eff 1-26-16
Fis 813.05 Housing and Care of Raptors.
(a)
Falconry permittee's facilities and equipment shall be inspected and
certified that the facilities meet or exceed the facilities and equipment
requirement specified in 50 CFR Section 21.29(d), as specified in
Appendix II, by a department representative prior to
receiving a permit.
(b)
The executive director or his agents shall inspect the permittee's
facilities, equipment, records or raptors for the purpose of ascertaining
compliance with this part. Such
inspection shall be undertaken at a reasonable time.
Source. #8220, INTERIM, eff 11-30-04, EXPIRED: 5-29-05
(formerly Fis 1108.05)
New. #8431, eff 9-20-05; ss by #10485, eff 1-1-14;
ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 813.06 Marking.
(a)
Any peregrine falcon, gyrfalcon or harris hawk, possessed for falconry,
except a captive bred raptor lawfully marked by a numbered, seamless band,
shall be banded with a permanent, non-reusable, numbered band in accordance
with the federal regulations specified in 50 CFR Section 21.22 (c)(1).
(b)
Bands shall be obtained by written request to the department. The band shall not be transferrable and shall
be attached to the raptor immediately upon receipt.
(c)
Any peregrine falcon, gyrfalcon or harris hawk possessed for falconry
purposes shall be banded at all times.
Loss or removal of any band shall be reported to the
(d)
Marking for raptor propagation purposes shall comply with federal
regulations as specified in 50 CFR Section 21.30(e).
Source. #8220, INTERIM, eff 11-30-04, EXPIRED: 5-29-05
(formerly Fis 1108.06)
New. #8431, eff 9-20-05; ss by #10485, eff 1-1-14;
ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis
813.07 Raptor Acquisition and
Disposition.
(a) A falconry permit shall be required prior to
obtaining a raptor.
(b)
A migratory bird acquisition and disposition report, form 3-186A, shall be
completed and submitted directly to the United States Fish and Wildlife Service
within 5 calendar days of the following:
(1) The
acquisition of a raptor taken from the wild or received from or transferred to
another person;
(2) The
loss of a raptor due to escape, release, theft or death; or
(3) The
rebanding of a raptor which requires banding due to loss or illegibility of
previously attached band.
(c) Young wild raptors, eyases, not yet capable
of flight shall be taken only by a general or master falconer between May 15
and July 31, annually, subject to the following:
(1) A
permittee shall obtain written permission from the landowner before taking an
eyase on private land. On public lands,
written permission shall be obtained from the controlling authority such as the
town selectmen, state agency, public works, or parks and recreations department
of a city;
(2) A
permittee shall take not more than one eyase during a calendar year;
(3) No
more than one eyase shall be taken from a nest;
(4) The
nest shall initially contain 2 or more nestlings; and
(5) At
the time of capture, the permittee shall install metal flashing at least 2 feet
wide and wrapped completely around the tree trunk at least 4 feet from the
ground and painted to match the color of the tree. Flashing shall be removed after the remaining
eyase(s) has left the nest.
(d) First-year passage birds and adult American
kestrels (Falco sparverius)
shall be taken only by general or master permittees during the period of
September 1 through December 31.
(e) Apprentice permittees, under the direct
supervision of their sponsor, shall take only wild first-year red-tail hawks (Buteo jamaicensis) and wild adult
or first-year American kestrels (Falco
sparverius) during September 1 through December 31.
(f) General permittees shall not take or possess
any species listed as threatened or endangered under 50 CFR 17.
(g) Master permittees shall not take, in any
12-month period, as part of a three-bird limitation, more than one raptor
listed as threatened in 50 CFR 17 and then only in accordance with 50 CFR 17.
(h) A bal chatri type live trap, or other live
traps and nets, may be used for taking raptors if they are used in a manner
which minimizes the danger of injuring the raptor.
(i) At any time an escaped, marked raptor may be
retaken by a permittee in accordance with the provisions of his/her permit.
(j) Eggs shall not be taken nor possessed at any
time.
(k)
No peregrine falcons shall be taken from
the wild.
Source. #8220, INTERIM, eff 11-30-04, EXPIRED: 5-29-05
(formerly Fis 1108.07)
New. #8431, eff 9-20-05; ss by #10485, eff 1-1-14;
ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 813.08 Additional Restrictions and Requirements.
(a)
A falconry permit holder shall not intentionally release to the wild any
raptor without first obtaining a permit to release wildlife specified in Fis
805.02.
(b)
Feathers that are molted or those feathers from birds held in captivity
that die may be retained and exchanged by permittees only for imping
purposes. "Imping" means
damaged feather replacement.
(c)
Permittees shall maintain complete records of information required in
the migratory bird acquisition and deposition reports of all raptors acquired,
transferred, lost or released.
(d)
Raptors which die shall be reported on a properly completed form 3-186A
submitted to the United States Fish and Wildlife service as required. Carcasses of dead raptors shall be buried
unless otherwise authorized by written permission from the US Fish and Wildlife
Service.
(e)
Permittees, while practicing falconry, shall comply with all provisions
of Title XVIII of the
(f)
When any raptor used in falconry kills any species of wildlife for which
there is no open season or a species of wildlife for which the season is
closed, the permittees using the raptor shall not take the dead wildlife into
the permittee’s possession but shall leave it where it lies. The raptor shall be allowed to feed on such
dead wildlife before leaving the site of the kill.
(g)
Raptors held under authority of a falconry permit shall only be used for
falconry, except they may be used for falconry demonstrations, which may
include the actual flying of the raptor.
(h)
Raptors which have been captured from the wild shall not be bought,
sold, bartered or offered for sale or barter under a falconry permit.
(i)
Captive bred progeny of lawfully acquired raptors may be bought, sold,
bartered and offered for sale or barter under a falconry permit.
Source. #8220, INTERIM, eff 11-30-04, EXPIRED: 5-29-05
(formerly Fis 1108.08)
New. #8431, eff 9-20-05; ss by #10485, eff 1-1-14;
ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
PART Fis 814 FIELD TRIALS
Fis 814.01 Definitions.
(a)
“Field trial” means a competition and or
examination event to determine the ability of dogs to point or flush and/or
retrieve ruffed
grouse, ring-necked pheasant, northern bobwhite quail, Hungarian partridge,
chukar partridge, American woodcock, mallard ducks, pigeons or to track and trail Eastern cottontail rabbit, snowshoe hare, red
and gray fox and raccoon.
(b) “Gunner” means an individual person
designated by an hunting dog club to shoot pigeons or pen propagated mallard
ducks, northern bobwhite quail, ring-necked pheasant, chukar and Hungarian
partridge during a permitted shoot to retrieve field trial.
(c) “Shoot to retrieve field trial” means a field
trial that examines the ability of dogs to point or flush and retrieve pen
propagated northern bobwhite quail, ring-necked pheasant, chukar and Hungarian
partridge or pigeons which are shot by a gunner.
Source. #9790-A, eff 1-1-11; ss by #10868, INTERIM,
eff
6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 814.02 Field Trial Requirements.
(a) Bird dog clubs, rabbit dog clubs, retriever
dog clubs, fox hound clubs or other hunting dog clubs wishing to conduct a
field trial shall first obtain a field trial permit from the department which
includes authorization for the possession and release of pigeons or pen
propagated ring-necked
pheasant, northern bobwhite quail, Hungarian partridge, chukar partridge or
mallard ducks.
(b) All field trials shall be sanctioned or
recognized by the American Kennel Club, United Kennel Club, North American Versatile
Hunting Dog Association, American Field or other nationally recognized dog
registry or association.
(c) Applications for field trials shall be
submitted to the department either in person or through the mail at least 30
days prior to the anticipated date of the field trial.
(d) Only pigeons or pen propagated mallard ducks, northern bobwhite quail, ring-necked pheasant, chukar and
Hungarian partridge may be possessed and released for field trials.
(e) During a permitted shoot to retrieve field
trial only liberated pigeons, penpropagated mallard ducks, northern bobwhite
quail, ring-necked pheasant, and chukar and Hungarian partridge, may be shot.
(f) Permittees shall be in compliance with Agr
2114.01 relative to the permit and certificate of veterinary inspection
required for poultry before importing any birds into the state.
(g)
Pigeons, pen-propagated game birds and
mallard ducks used for a field trial may be released and taken only on the
property defined in the permit where the field trial is to be conducted.
(h) The permittee shall comply with the
requirements for possession as specified in Fis 804.09, 804.10, 804.15 and
804.16, except that separate permits to possess or release shall not be
required.
(i) After release, pigeons, pen propagated game birds and mallard ducks may only be pursued by a properly registered
participant and their dogs during the field trial event and on said property as
specified on the permit.
(j) Daily bag or possession limits shall not apply
to the pen propagated birds liberated and taken during a permitted shoot to
retrieve field trial.
(k) All gunners under a shoot to retrieve
field trial permit shall have a valid license under RSA 214: 9 unless the
person is a resident landowner engaged in the regulated activity on their own
property pursuant to RSA 214:2 or if the field trial is being held on a
regulated shooting area.
(l) Applicants shall obtain written landowner
permission on the application form.
(m) A field trial shall be held only during the
dates and within the area identified in the permit application.
(n) No field trials shall be held on department
pheasant release sites September 28 through December 31, except at Sharp’s
Farm,
(o) Each permittee shall keep a register of the
names and addresses of all participants of each field trial event for a period
of 30 days after the close of the field trial and upon demand shall make this
register available to any member of the department.
Source. #9790-A, eff 1-1-11; ss by #10868, INTERIM,
eff
6-25-15, EXPIRED: 12-22-15
New. #11029, eff 1-26-16
Fis 814.03 Field Trials Application Form.
(a)
Applicants for a field trial permit under RSA 207:13 shall make
application on a form provided by the department which includes:
(1) The name, telephone number, physical address
and mailing address of the applicant;
(2) The name and address of the club or
association the applicant represents;
(3) An indication as to whether or not the
proposed field trial is sanctioned by a qualifying, nationally recognized dog
registry or association;
(4) The name of the nationally recognized dog
registry or association;
(5) The type of dogs, such as flushing and
retrieving, pointing or trailing dogs, which will be used in the trial;
(6) The date or dates the trial will be held;
(7) An indication if this is a shoot to retrieve
field trial;
(8) An indication if the property where the field
trial is to be held is state-managed lands;
(9) The name and town of residence of the
landowner or landowners whose land will be used for the trial;
(9) The acreage and street address of the
location of the proposed field trial;
(10) Signed written permission, on the application
form, by the landowner or landowners to use the property described and on the
dates specified on the application form;
(11) The species of game or game birds which will
be used in the trial, and whether such wildlife will be wild or liberated by
the applicant; and
(12) The signature of the applicant, signed and
dated subject to penalties for making unsworn false statements under RSA 641:3.
(b)
The permit fee of $9.50 shall be included with the application form.
Source. #9790-B,
eff 1-1-11 (formerly Fis 1106.06); ss by #10868, INTERIM, eff 6-25-15,
EXPIRED: 12-22-15
New. #11029, eff 1-26-16
PART
Fis 815 PERMIT DENIAL AND APPEAL
Statutory
Authority: RSA 206:10, I, RSA 207:14,
I(c)
Fis 815.01 Denial of a Permit to Import, Possess,
Sell, Exhibit, or Release Wildlife.
(a)
Pursuant to RSA 207:14, I(a), a request for a permit to import, possess,
sell, exhibit, or release wildlife shall be granted unless the chief of the
fish and game department’s wildlife division denies such request due to risks
of disease, genetic, ecological, environmental, health, safety, or welfare to
persons, marine species, or other wildlife.
(b)
The chief of the wildlife division shall notify the applicant in writing
of the reasons a permit has been denied.
Such notice shall be given within 60 days of the final request for a
permit.
Source. #13513,
eff 1-1-23
Fis 815.02 Appealing the Denial of a Permit to
Import, Possess, Sell, Exhibit, or Release Wildlife.
(a)
Any person denied a permit pursuant to Fis 815.01 may appeal the
decision in writing to the executive director within 60 days of the denial,
including the following information in the written appeal:
(1) Name of the person applying for a permit;
(2) Current contact information of the applicant:
a. Residential address;
b. Telephone number; and
c. Email address, if available;
(3) Species of wildlife requested to be imported,
possessed, sold, exhibited, or released; and
(4) Purpose for the request.
(b)
The executive director shall respond in writing within 60 days of
receiving the written appeal to:
(1) Uphold the denial; or
(2) Overturn the denial and grant the permit.
Source. #13513,
eff 1-1-23
Fis 815.03 Petitions to the Fish and Game Commission.
(a)
Any person aggrieved by the decision of the executive director with
regards to a permit denial pursuant to Fis 815.02 may appeal such decision by
written petition to the fish and game commission (commission).
(b)
Pursuant to RSA 206:4-a, VI, the commission shall hear the appeal within
45 days of receiving the written request.
(c)
A majority vote of a quorum of commissioners shall be required to
reverse the decision of the executive director.
(d)
The commission’s ruling shall be in writing and issued within 14 days of
the hearing.
Source. #13513,
eff 1-1-23
Fis 815.04 Further Appeal. Any
person aggrieved by the ruling of the fish and game commission may seek further
review, in accordance with the requirements of RSA 541.
Source. #13513,
eff 1-1-23
APPENDIX
I
Rule |
Specific State Statute the Rule
Implements |
|
|
Fis 801.01-801.26; 802.01-802.06 |
RSA 206:10; 207:14, 211:62-e; 211:62; 212:25 |
Fis 802.01(a)(7)
|
RSA 206:10; RSA 207:14 |
Fis 802.03 |
RSA 206:10; 207:14; 211:62-e; 211:62; 212:25 |
Fis 803.01-803.08, 804.01-804.18, 805.01-805.05 |
RSA 206:10; 207:14 |
Fis
803.02(b) |
RSA
207:14 |
Fis 803.03 |
RSA 206:10, I;
RSA 207:14; RSA 437:17-a |
Fis 803.04 |
RSA 206:10, I;
RSA 207:14; RSA 437:17-a |
Fis 804.05 |
RSA 206:10, I;
RSA 207:14 |
Fis 803.06(b) |
RSA 207:14 |
Fis 803.08 |
RSA 206:10; 207:14 |
Fis 803.09 –
803.13 |
RSA 206:10; 207:14 |
Fis 803.09(b)
and (c) |
RSA 211:4 |
Fis 804.02(b) |
RSA 207:14 |
Fis
804.02(b)(6)d. |
RSA 207:14; 437:17-a |
Fis 804.02(b)(7) |
RSA 207:14 |
Fis 804.03(b)(3) |
RSA 207:14; 437:17-a |
Fis 804.05(b) |
RSA 207:14 |
Fis 804.14(a) |
RSA 207:14 |
Fis 805.01 |
RSA 206:10, I;
RSA 207:14 |
Fis 805.04(b) |
RSA 206:10; RSA 207:14 |
Fis 806.01-806.04 |
RSA 206:10; 207:14, 211:62; 212:25 |
Fis 806.05 |
RSA 206:10; RSA 207:12-a, II; RSA 212:25 |
Fis 807.01-807.07; 807.09-807.10; 807.12-807.14; 808.01-808.10;
809.01-809.03; 810.01- 810.07; 811.01 |
RSA 206:10; 207:14, 211:62-e; 211:62 |
Fis 807.04(e) |
RSA 206:10; 211:62-e |
Fis 807.08 |
RSA 211:62-e |
Fis
807.11 |
RSA
206:10, I; RSA 211:62-e, II-b |
Fis 807.15 |
RSA 211:62-e, II-a |
Fis
812.01-812.04 |
RSA 207:14 |
Fis
813.01 - 813.08 |
RSA
209-A:3; 50 CFR Part 21.29 |
Fis 814.01-814.02 |
RSA 207:13; RSA 207:14 |
Fis 814.03 |
RSA 207:13 |
Fis 815 |
RSA 206:10, I;
RSA 207:14, I(c); RSA 541 |
Appendix II - Incorporation by Reference
Rule |
Title |
Obtain at: |
Fis 803.09(c) |
“Suggested Procedures for the Detection and Identification of
Certain Finfish and Shellfish Pathogens", 2016 Edition, developed by the
Fish Health Section (FHS) of the American Fisheries Society |
American Fisheries Society 425 Barlow Place, Suite 110 Bethesda, MD 20814-2144 Phone: (301) 897-8616 Fax: (301) 897-8096 Online at: https://units.fisheries.org/fhs/fish-health-section-blue-book-2016/ |