New Hampshire Administrative Code

"Consultation" means the review by department staff of a proposed action in order to evaluate potential adverse impacts of the proposed action to threatened and endangered species, and the need for conservation measures to avoid, minimize, or mitigate such adverse impacts. Notes …

"Department" means the New Hampshire fish and game department. Notes N.H. Admin. Code § Fis 1002.08 Derived from Volume XLII Number 2, Filed January 13, 2022, Proposed by #13313, Effective 2/3/2022, Expires 2/3/2032

"Habitat determined to be critical" means a geographical area of land or waters designated by the executive director of the department that currently provides or historically provided physical or biological features essential to the conservation of an endangered or threatened spe…

"Harm" means any act which kills or injures individuals of a threatened or endangered species, or which acts to significantly adversely modify or degrade the habitat supporting the species by interfering with breeding, hibernation, reproduction, feeding, sheltering, migration, or…

"NHB Data Check tool" means an online data screening tool provided by the department of environmental services and the natural heritage bureau of the department of natural and cultural resources where the public can screen for known locations of rare species and exemplary natural…

"Owner" means the person or legal entity who holds record title to the real property on which the work that is the subject of the action, approval, permit, or other written authorization under review has occurred or is proposed to occur. Notes N.H. Admin. Code § Fis 1002.12 Deriv…

"Project parcel" means the real property of an owner on which the work that is the subject of the proposed action, approval, permit, or other written authorization under review has occurred or is proposed to occur. Notes N.H. Admin. Code § Fis 1002.13 Derived from Volume XLII Num…

"Proposed action" means any proposed alteration, disturbance, or modification to land, waters, or structures that requires a state agency permit, approval, or other written authorization. Notes N.H. Admin. Code § Fis 1002.14 Derived from Volume XLII Number 2, Filed January 13, 20…

Pursuant to RSA 212-A:9, III, all proposed actions shall be designed to avoid and minimize harm to threatened and endangered species and habitat determined to be critical, including any proposed mitigation of harm or other potential adverse impacts to wildlife. Notes N.H. Admin. …

(a) All personnel involved in implementation of a proposed action shall comply with all terms, conditions, and stipulations in regulatory permits and other written project authorizations to eliminate or reduce potential adverse impacts to endangered and threatened species. (b) Al…

(a) Pursuant to RSA 212-A: 9, III, an applicant, as herein defined, shall request site specific consultation with the department if required by a state agency as part of a request for issuance of a permit, approval, or other written authorization from that state agency. (b) The r…

Any deadline or time period established in these rules shall be computed in accordance with RSA 21:35, provided that a deadline or time period established by statute shall be extended only if the statute expressly provides for such an extension. Notes N.H. Admin. Code § Fis 1004.…

(a) In all cases where consultation is required, all information shall be provided to the department in electronic format at NHFGreview@wildlife.nh.gov, or in paper format at: NH Fish and Game Department Attn. Wildlife Division, Nongame Program 11 Hazen Drive Concord, N.H. 03301 …

(a) Each document, or group of documents intended as a single submission, that is submitted to the department, including but not limited to applications, requests, and reports, shall:(1) If submitted in paper format, be signed and dated by the applicant, owner or the agent of eit…

(a) The department shall perform an initial review of the material submitted in support of a request for consultation for completeness within 30 days of its receipt. (b) A complete request for consultation shall consist of the following: (1) The plans and other information specif…

(a) If additional information is required for the department to perform its review, the department shall notify the applicant in writing of the additional information needed, which might include, but is not limited to: (1) Full size paper format copies of reports, documents, or p…

In response to any notice of missing information, or to any request for additional information under this part, the applicant shall: (a) Specifically identify how each request or comment has been addressed; (b) If revised plans and specifications are being submitted, call attenti…

(a) Prior to the provision of recommendations to the referring state agency, the applicant may substitute a revised plan for the plan submitted with the referral, provided that the applicant consents to a reasonable extension of time to permit the department to review any signifi…

The department shall not deliver recommendations to the applicant or the referring state agency if: (a) The applicant fails to provide the complete set of information as requested in the notice sent pursuant to Fis 1004.05; or (b) The applicant fails to file a complete response t…

(a) An applicant may request an extension of any deadline to provide information to the department. (b) Each request for a deadline extension shall be filed in writing, signed as required by Fis 1004.04, and contain the following information: (1) The name, mailing address, and da…

(a) The department shall provide recommendations in writing to the applicant evaluating the adequacy of all conservation measures proposed by the applicant within the 60 calendar days following receipt of a request for consultation, provided that no portion of the following time …

(a) The applicant may request further consultation with the department in writing within 10 business days following receipt of the written recommendations provided in Fis 1004.11(a). (b) The state agency engaged in permitting the proposed action may request further consultation w…

(a) Upon a determination that information material to consultation was false, incomplete, or misleading, the department shall suspend or terminate consultation as set out in (b) and (c) below, or withdraw department recommendations as set out in (g) below. (b) The department shal…

(a) Any person who is aggrieved by a recommendation of the department under these rules may request the commencement of an adjudicative proceeding within 30 days of receipt of written notice of the recommendation, or any modification thereof, by letter addressed to the executive …

(a) Any adjudicative proceeding under this section shall be conducted, pursuant to Fis 200, by the executive director or by a presiding officer appointed to conduct the hearing. (b) The executive director or presiding officer shall consider all claims of error offered by the clai…

The purpose of this part is to establish the criteria for the disbursement of funds that facilitate a net conservation benefit to threatened and endangered species from the threatened and endangered species compensatory mitigation fund, as established and required by RSA 212-A:16…

Disbursements from the threatened and endangered species compensatory mitigation fund shall be considered for the following eligible costs consistent with RSA 212-A:16: (a) Acquisition of land or conservation interests and associated costs, including property surveys, appraisals,…

(a) All disbursements from the threatened and endangered species compensatory mitigation fund shall be approved by the executive director following consultation with the commissioner of the department of environmental services. (b) When applicable, disbursements from the threaten…

Requests for disbursement of funds from the threatened and endangered species compensatory mitigation fund shall include the following information: (a) A description of the proposed activity; (b) Identification of the threatened or endangered species and associated habitat that w…

(a) A n applicant for any of the following resident license types shall complete and submit the "Application for Licenses" form, Rev 10/23, available at printable-license-app.pdf (nh.gov), to the department at 11 Hazen Drive, Concord, NH 03301, a regional office, or an agent loca…

(a) An applicant for the special license for residents of New Hampshire born prior to January 1, 1948 shall complete and submit the "Application for Special Resident Milestone Licenses" form, Rev 01/23, available at over-68-app.pdf (nh.gov), in accordance with Table 1100.3 below,…

(a) An applicant for the resident lifetime license shall complete and submit the "Resident Lifetime License Application" form, Rev 01/23, available at lifetime-license-app.pdf (nh.gov), to the department, together with the required fee in accordance with Table 1100.4 below: Table…

(a) An applicant for a nonresident honorary fishing, or hunting and fishing license shall complete and submit an "Application for the New Hampshire Fish and Game Department Nonresident Honorary License" form, Rev 1/2023, available at nonres-honorary-license.pdf (nh.gov). The appl…

(a) An applicant for a paraplegic hunting and fishing license shall complete the top portion of the "Application for a N.H. Fish and Game Paraplegic License" form, Rev 01/23, available at paraplegic-license.pdf (nh.gov). (b) On the form required by (a) above, the applicant shall …

(a) An applicant for a temporary license for an active duty member of the army, navy, marines, air force, or coast guard shall complete and submit the "Application for NH Fish and Game Department Temporary License Active Duty Armed Forces and Coast Guard" form, Rev. 1/2023, avail…

(a) An applicant for a permanently disabled veterans license pursuant to RSA 214:13, I shall complete and submit an "Application for New Hampshire Disabled Veterans License" form, Rev. 01/23, available at disabled-veterans-license.pdf (nh.gov). (b) On the form required by (a) abo…

(a) An applicant for a permanent disabled crossbow permit shall complete the top portion of the "Permanent Disabled Crossbow Permit" form, Rev. 01/23, available at disabled-crossbow-permit.pdf (nh.gov). (b) The applicant shall have the bottom portion of the form completed by a ph…

(a) An applicant for any of the following resident apprentice hunting license types shall complete and submit the "Application for Apprentice Hunting License" form, Rev 01/23, available at apprentice-hunting-app.pdf (nh.gov), in accordance with Table 1100.5 below, together with t…

(a) An applicant for a nonresident full-time student license shall complete and submit a "License Application for Nonresident Full Time Students in New Hampshire" form, Rev 01/23, available at nonresident-student-license.pdf (nh.gov), in accordance with Table 1100.7 below, togeth…

(a) Any person wishing to possess moose or other protected wildlife under RSA 207:21, RSA 208:9, or RSA 208:14, shall obtain a NH special wildlife permit from a department conservation officer in order to possess wildlife. (b) Applicants shall provide the following: (1) The type …

(a) A resident who desires to possess wildlife that has been accidentally killed by a motor vehicle shall: (1) Complete a "N.H. Wildlife Permit for Wildlife Accidentally Killed by Motor Vehicle" form, Rev 10/18, obtained from a department conservation officer or a New Hampshire l…

(a) An applicant for a permit to hunt from a motor vehicle shall complete and submit an "Application for a NH Fish and Game Hunt From a Motor Vehicle Permit" form, Rev. 1/2023 and available at hunt-motor-vehicle.pdf (nh.gov), and: (1) Submit a letter from a physician verifying th…

(a) A person may bait wildlife in accordance with RSA 207:3-d on lands other than their own, only after obtaining permission in writing to do so from the owner or occupant of the land where baiting is to be done. Said permission shall be obtained using a "Permit to Bait Wildlife"…

Notes N.H. Admin. Code § Fis 1102.05 #8085, eff 5-26-04; (See Revision Note at chapter heading for Fis 1100) renumbered by #8183 (formerly Fis 1102.15 and 1102.151); moved by #8931 (see Fis 307.04 )

(a) To be eligible to apply for a bear guide permit, a completed "Guide's License Application" shall be received at the department's licensing division by 4:00 p.m. on the third Friday in December, or be postmarked by the second Friday in December, in the year immediately prior t…

The "Guided Bear Transportation Tag", Rev 6/20, shall be completed: (a) By the hunter in Section A and signed subject to the penalties for making unsworn false statements under RSA 641:3; and (b) By the guide in Section B and signed subject to the penalties for making unsworn fal…

Applicants for the moose lottery for moose permits pursuant to Fis 1102.09 shall make application on the "Moose Lottery Application" form provided by the department for the current year's lottery by supplying the following: (a) Complete name and mailing address; (b) Town and stat…