New Hampshire Administrative Code

At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer's own initiative or on the motion of any party, shall reopen the record to receive relevant, material and non-duplicative testimony, evidence or arguments not previous…

(a) The executive director shall not participate in making a decision unless he or she personally heard the testimony in the case, unless the matter's disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the testi…

The rules in this part are intended to supplement any statutory provisions, including RSA 541, that require or allow a person to request a rehearing of a decision of the department prior to appealing the decision. Notes N.H. Admin. Code § Fis 213.01 #7382, eff 10-25-00, EXPIRED: …

The rules in this part shall apply whenever any person has a right under applicable law to request a rehearing of a decision prior to filing an appeal of the decision with the court having appellate jurisdiction. Notes N.H. Admin. Code § Fis 213.02 #7382, eff 10-25-00, EXPIRED: 1…

(a) A motion for rehearing shall be filed within 30 days of the date of the department decision or order. (b) A motion for rehearing shall: (1) Identify each error of fact, error of reasoning, or error of law which the moving party wishes to have reconsidered; (2) Describe how ea…

(a) A motion for rehearing in a case subject to appeal under RSA 541 shall be granted if it demonstrates that the department's decision is unlawful, unjust or unreasonable. (b) A motion for rehearing in a case subject to appeal by petition for writ of certiorari shall be granted …

The department shall grant or deny a motion for rehearing, or suspend the order or decision pending further consideration within 10 days of the filing of the motion for rehearing. Notes N.H. Admin. Code § Fis 213.05 #7382, eff 10-25-00, EXPIRED: 10-25-08 New. #9332, INTERIM, eff …

(a) Petitions from any persons requesting adoption, amendment or repeal of a rule shall be received and disposed of in the following manner: (1) Petitions shall be submitted to the executive director by letter typed or printed legibly and include the following information: a. The…

(a) The executive director or designee, acting as the presiding officer, shall open an oral public hearing by describing in general terms the purpose of the hearing and procedures governing its conduct. (b) If the purpose of the hearing is to provide information to the public, th…

(a) Petitions from persons requesting a declaratory ruling as to the applicability of any statutory provisions or rules administered by the department, shall be received and disposed of in the following manner: (1) Petitions shall be submitted in the form specified in Fis 215.01(…

(a) If requested by an interested person at any time before 30 days after final adoption of a rule, the adopting authority shall issue an explanation of the rule, which includes: (1) A concise statement of the principal reasons for and against the adoption of the rule in its fina…

(a) "Commercial qualifying years" means the 2010 through 2013 multispecies fishing years for NOAA Fisheries permit owners. A multispecies fishing year runs from May 1 through April 30. (b) "Direct assistance" means the funds supplied by the Greater Atlantic Fisheries Disaster Dir…

(a) Program funds shall be distributed to the following six categories of the groundfish industry: for-hire, full-time commercial, part-time commercial, inactive commercial, crew, shoreside businesses, and Sector XI permit bank. The purpose of the program is to financially suppor…

(a) Any individual who receives a notification of authorization from the department that the individual is eligible to apply for Program funds may apply by submitting an application to the department listing the following: (1) Name; (2) Date of birth; (3) Social Security number o…

(a) Hearings and appeals shall be conducted in accordance with Fis 200. All appeal requests shall be received by the department not more than 30 days from the date of notification letter. The decision of the executive director on any appeal or hearing under this section shall be …

This chapter shall not apply to: (a) The actions of law enforcement officers and department personnel in the performance of their official duties; and (b) Any incidental interference arising from the lawful and normal activities of public land users. Notes N.H. Admin. Code § Fis …

(a) "Department" means the New Hampshire fish and game department. (b) "Unmanned aerial vehicle (UAV)" means "unmanned aerial vehicle" or "UAV" as defined in RSA 207:57, I-a. The term shall include drones. Notes N.H. Admin. Code § Fis 2101.02 Derived from Number 41, Filed October…

(a) No person shall intentionally harass or interfere with any individual(s) by obstructing or impeding their participation in the lawful activity of hunting, trapping, or fishing. (b) No person shall engage in any activity with the intent to disturb wild animals and prevent thei…

Any person violating this chapter shall be guilty of a violation pursuant to RSA 651:2, II-h(a). Notes N.H. Admin. Code § Fis 2101.04 Derived from Number 41, Filed October 12, 2023, Proposed by #13752, Effective 9/25/2023, Expires 9/25/2033.

(a) "Antler point" means an antler projection of at least one inch, measured from the base of the point at the main beam to the tip of the point. A broken main beam shall count as a point regardless of length. (b) "Antlered deer" means a deer which has at least one antler 3 inche…

(a) For purposes of this chapter, the state shall be divided into wildlife management units, also referred to as WMU's, described as follows: (1) Wildlife management unit - A1: From Stewartstown Beecher Falls Bridge in Stewartstown east to Rte. 3 then north on Rte. 3 to the Canad…

(a) For purposes of this section the state shall be divided into wildlife management units as described in Fis 301.02. (b) Wild deer shall be taken only from 1/2 hour before sunrise to 1/2 hour after sunset during the open seasons for taking deer. (c) No deer shall be taken at an…

(a) Persons licensed to take deer under RSA 214:9, RSA 208:5, or RSA 208:5-a may apply, as specified in (4) and (5), for a special deer permit to take one additional deer in wildlife management units L and M subject to the following: (1) Deer taken under this permit shall be antl…

(a) The purpose of this rule is to reduce the over-population of deer which exists on Long Island in the town of Moultonborough, NH, through the regulated use of recreational hunters and then to maintain that population at a level equal to the adjacent mainland. Because deer dens…

(a) New deer registration stations shall be authorized only if: (1) The proposed station location is greater than 10 travel miles from the nearest adjacent station, unless an adjacent station(s) registers more than 200 deer annually or was in existence on 12/31/09 or the proposed…

(a) The purpose of this rule is to permit New Hampshire municipalities to identify areas where deer densities are too high for the existing habitat conditions. In such areas, aggressive efforts may be necessary to reduce the deer population through the regulated use of recreation…

(a) All persons reporting a deer kill to a deer registration station under RSA 208:15-d shall provide the following information to the registration agent to complete the "Deer Registration Report" form:(1) The shooter's name, street and mailing address, telephone number, residenc…

(a) Unless authorized by permit pursuant to RSA 207:10-c, a crossbow that is used for the purpose of a take shall have a: (1) A minimum pull of 125 pounds; (2) At least one working mechanical safety; (3) A total length of no less than 25 inches; and (4) A rigid stock that permits…

All persons reporting a bear kill to a New Hampshire conservation officer, fish and game personnel, or registration agent authorized by the director shall provide the following information on the "Bear Registration Form" subject to the penalties for making unsworn false statement…

(a) Wild black bear shall be taken only in the places and during the times set forth in Table 300.1 below by means of: (1) Firearms of a size larger than .22 caliber rimfire; (2) Crossbow or bow and arrow meeting the minimum requirements of Fis 301.041; (3) A shotgun loaded with …

(a) "Antlered moose" means a moose which has at least one antler 6 inches long measured from the tip of the main beam along the distal edge of the antler to the base of the antler burr at the skull. (b) For purposes of this section the state shall be divided into wildlife managem…

The shooter shall complete the "Moose Hunter Diary" form, Revised 5/24, available from the registration agent, and return it to the department: (a) During the registration process at a biological check station as provided in Fis 301.08(e), if successful in taking a moose; or (b) …

(a) Moose taken during the open moose hunting season shall be presented at the nearest biological check station within 24 hours of the kill. (b) Moose taken prior to the open season on hunting adventure permits under RSA 208:1-aa shall be presented to a department designated regi…

(a) Application for the moose season lottery shall be made on an application described in Fis 1102.08. (b) The applicant shall be at least 16 years of age by the application deadline. (c) A non-refundable fee of $15 for residents or $25 for nonresidents, payable to New Hampshire …

(a) Snowshoe hares shall only be taken as follows: (1) The open season shall be October 1 to March 31; and (2) The daily bag limit shall be as follows: a. In WMUs A through G, and J1 the daily bag limit shall be 3 snowshoe hares; and b. In WMUs H1, H2, I1, I2 J2, K, L and M the d…

(a) The season for gray squirrel shall open September 1 and close January 31. (b) The daily bag limit of squirrel shall be 5 gray squirrels. (c) No person shall hunt or take squirrels within a compact zone of any village or city or within the limits of any public park or cemetery…

(a) No person shall at any time hunt, shoot, pursue, kill, or take wild turkey in this state without first procuring a turkey permit and the applicable license required under RSA 214. (b) For purposes of this section, the state shall be divided into wildlife management units as d…

(a) New turkey registration stations shall be authorized only if: (1) The proposed station location is greater than 10 travel miles from the nearest adjacent station, unless an adjacent station(s) registers more than 100 spring turkeys, was in existence on 12/31/09, or the propos…

(a) All persons reporting a turkey kill to a turkey registration station under RSA 209:12-a shall provide the following: (1) The shooter's: a. Name; b. Street and mailing address; c. Telephone number; d. Residency; and e. Date of birth; (2) Town of kill; (3) Date of kill; (4) Tim…

(a) Any turkey taken during the special youth hunting days for turkey in accordance with Fis 1204.03(a) or during the spring turkey season in accordance with Fis 302.01(b) in 2020 shall be registered in accordance with one of the following methods: (1) Completion of a turkey regi…

(a) Pursuant to authority granted by RSA 209:6-b, and in accordance with 50 CFR Part 20, the season for taking American crow (Corvus brachyrhynchos) shall open on March 16 and close on March 31; open again on August 15 and close again on November 30 each year. (b) There shall be …

There shall be no open season on raven (Corvus corax). Notes N.H. Admin. Code § Fis 302.03 #984, eff 8-1-77; ss by #2150, eff 10-6-82; ss by #2832, eff 8-21-84; ss by #4858, eff 7-5-90; ss by #6250, eff 5-22-96; ss by #8085, eff 5-26-04; ss by #9985, EXEMPT, eff 8-24-11 The amend…

(a) Pursuant to authority granted by RSA 209:6-b, and in accordance with 50 CFR Part 20, the season for taking ducks, mergansers, and sea ducks shall be as follows: (1) The season for taking ducks, mergansers, and sea ducks in the inland zone shall open October 9 and close Novemb…

(a) Pursuant to authority granted by RSA 209:6-b, and in accordance with 50 CFR Part 20, the season for taking coots shall be as follows: (1) The inland zone, as specified in Fis 302.04(a)(3), shall open October 9 and close on November 11; reopen on November 27 and close again on…

(a) Pursuant to authority granted by RSA 209:6-b, and in accordance with 50 CFR Part 20, the regular Canada goose season shall be as follows: (1) The inland zone, as specified in Fis 302.04(a)(3), shall open October 9 and close on November 11; reopen on November 27 and close agai…

(a) The special statewide September season to take Canada geese shall September 1 and close September 25. (b) The taking of Canada geese shall be limited to a daily bag limit of 5 Canada geese, and a possession limit of 15. (c) Nontoxic shot, as defined in Fis 302.04(g), shall be…

(a) In accordance with 50 CFR Part 20.20, New Hampshire is required to participate in the migratory bird harvest information program (HIP) as of 1998. This law requires that any person taking migratory waterfowl identify themselves as a migratory bird hunter and submit his or her…