New Hampshire Administrative Code

(a) Except as provided in this section, no person shall possess, while on coastal and estuarine waters, or when leaving such waters, more marine species than that person may lawfully take in one day. (b) Such possession shall be prima facie evidence that those marine species exce…

(a) For the purposes of this section, the following terms shall have the following meanings: (1) "Curved fork length" (CFL) means the length of an intact fish measured from the tip of the upper jaw to the fork of the tail along the contour of the body in a line that runs along th…

(a) For the purposes of this section, "recreational take" means the taking of finfish by any method for personal use only and which are not sold, traded, or bartered. (b) The recreational take or possession of Atlantic mackerel (Scomber scombrus) shall be no more than 20 per pers…

Fishing in Berry Brook shall be permitted by single hook artificial lures and flies only, and any fish taken by any method shall be immediately released back into the waters from which it was taken. Notes N.H. Admin. Code § Fis 604.01 #745, eff 1-25-76; ss by #2263, eff 1-7-83; s…

The Winnicut River in Greenland from the Rte. 33 bridge to the south side of the Boston and Maine railroad bridge over the Winnicut River shall be subject to the following restrictions: (a) The river shall be open to the taking of all species of fish by angling only, except above…

The Taylor River from the railroad bridge to the head of tide dam in Hampton shall be closed to the taking river herring by netting of any method. Notes N.H. Admin. Code § Fis 604.03 #1878, eff 12-4-81; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96;…

(a) During April, May and June the taking of river herring in the Squamscott River and its tributaries from the 108 Bridge to the Great Dam in Exeter shall be subject to the following: (1) Open to the taking of river herring by netting of any method only on Saturdays and Mondays;…

The Oyster River and its tributaries shall be closed to the taking of river herring by any method from the head-of-tide dam at Mill Pond in Durham, 43°07'51.23"N, 70°55'08.20"W and 43°07'50.31"N, 70°55'08.04"W, downstream to the river mouth at Wagon Hill Farm and Durham Point, a …

The Cocheco River and its tributaries shall be closed to the taking of river herring by any method from the head-of-tide dam in Dover, downstream to the confluence of the Piscataqua River. Notes N.H. Admin. Code § Fis 604.06 Derived from Number 2, Filed January 9, 2025, Proposed …

(a) No person shall take oysters during the months of July and August. (b) Residents properly licensed under RSA 211:62-a shall be permitted to take, between sunrise and sunset, not more than one-half bushel of unshucked oysters per day, by use of hand tongs, hand rakes, or by ha…

(a) Any container used in the taking of oysters, whether on the flats, on a dock or in a boat shall be clearly identified by marking thereon the owner's oyster license number, either by attaching a waterproof tag containing such number to said container, or by painting such numbe…

(a) No person shall transplant oysters, or take the eggs or larvae thereof, or take metamorphosed oysters, called "set" or "spat", without first obtaining written permission from the director. Applicants shall request permission in writing and shall include origin of the oysters,…

(a) There shall be no open season for quahogs, little necks, or cherrystone clams (Mercenaria mercenaria). (b) Razor clams (Ensis directus), surf clams (Spisula solidissima), mahogany quahogs (Arctica islandica), and blue mussels (Mytilus edulis) shall be taken without a license …

(a) The taking of clams (Mya arenaria) shall only be permitted, between one-half hour before sunrise and sunset on Saturdays, from the day after Labor Day to May 31. (b) Mollusks shall not be taken from areas which are unclassified, classified as prohibited by the commissioner of…

(a) Any container used in the taking of clams, whether on the flats, on a dock or landing, or in a boat, shall be clearly identified by marking thereon the owner's clam license number, either by attaching a waterproof tag containing such number to said container, or by painting s…

(a) No person shall possess or take, in one calendar day, more than 10 quarts liquid measure, of unshucked clams, while on or leaving any clam flats or any waters under the jurisdiction of the state. (b) Possession of shucked clams, while on or leaving any clam flats or any water…

(a) Clams (Mya arenaria) taken or possessed under Fis 606shall not be bought, sold, offered for sale, exchanged, or traded. (b) No person shall possess quahogs, littlenecks, or cherrystones (Mercenaria mercenaria) less than one inch in shell thickness. (c) Clams (Mya arenaria) le…

(a) Residents shall be permitted to take clam worms as provided in RSA 211:64-b. (b) Properly licensed diggers shall be permitted to take clam worms for sale or use, except in areas posted as closed to all digging. (c) There shall be no limits on size or quantity of worms taken u…

Clam licensees shall wear said licenses in plain view, either on the cap or hat, or on the front of the outer garment, while engaged in taking clams. Notes N.H. Admin. Code § Fis 606.07 #745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90…

(a) No person shall fish for, take, land, transport, or have in possession any northern shrimp (Pandalus borealis) while on or leaving the waters of the state. (b) Nothing in this section shall be construed to restrict the possession of shrimp for use as bait on vessels not equip…

(a) For the purpose of this section, the following definitions shall apply: (1) "Chafing gear" means steel, rubberized, or other types of donut rings, disks, washers, twine, or other material attached to or between the steel rings of a sea scallop drag or dredge. The term include…

Notes N.H. Admin. Code § Fis 607.03 #745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; rpld by #4604, eff 4-26-89

(a) Persons taking whelks for purposes of sale shall be subject to the following:(1) One pot, trap, or other contrivance for taking or holding whelks shall be fished on a single line and buoy; (2) When pots, traps, or other contrivances are set on trawls, buoys plainly marked sha…

(a) No person shall take or possess more than 10 horseshoe crabs per day. (b) Any person taking horseshoe crabs shall obtain a permit described in Fis 609.01. Notes N.H. Admin. Code § Fis 607.05 #6443, eff 5-15-97; ss by #7215, eff 3-16-00, EXPIRED: 3-16-08 New. #9216, INTERIM, e…

(a) No person shall take Jonah or rock crabs from any water under the jurisdiction of this state without first procuring a valid and proper license pursuant to RSA 211:18, except that any person may take 12 crabs a day by angling, diving, or by hand without a license pursuant to …

(a) Persons licensed to take lobster and crab pursuant to RSA 211:18 shall report lobster and crab harvest in accordance with (b) through (g). (b) Persons who have previously reported lobster information to the executive director shall be assigned a code number and put into one o…

(a) Any person who possesses a permit in accordance with Fis 603.07, Fis 603.11, Fis 607.05 or Fis 609.01 shall submit the following information to the executive director by the 10th of each month for the month previous, whether or not fishing occurred:(1) On a monthly basis: a. …

(a) Any person who possesses a commercial clamming license, as described in RSA 211:62-d, shall submit a monthly report to the executive director as specified in Fis 608.02. (b) Any licensee failing to report shall not be issued a license until such time that the required informa…

(a) For purposes of this section, "lobster and crab dealer" means: (1) Any person or business, other than the ultimate consumer, who purchases, ships, cosigns, transfers, transports, barters, accepts or packs crab or lobster directly from a commercial harvester for resale within …

(a) Any person who possesses a lobster tail processors permit as specified in Fis 609.03 shall submit an annual report to the executive director by January 31 for the previous calendar year which includes: (1) Name and address of business, firm or corporation (2) Lobster tail pro…

(a) No person shall take finfish by the use of a seine, net, weir, pot or trap, American eels as specified in Fis 603.11, or horseshoe crabs as specified in Fis 607.05, or any species for commercial purposes from coastal and estuarine waters without first obtaining a permit from …

(a) Any firm, corporation, or person engaged in the taking or landing of herring pursuant to Fis 603.07 or the processing of shrimp pursuant to Fis 607.01 shall obtain a permit from the executive director. (b) The applicant shall provide: (1) The business owner's: a. Name and mai…

(a) No person, firm or corporation shall process uncooked, raw shell-on American lobster tails, also known as green lobster tails, whether frozen or unfrozen, that have been separated from the carapace, in this state without first obtaining a lobster tail processing permit from t…

(a) All containers, bags or receptacles containing clams, mussels or oysters, shucked or unshucked shall at all times bear a label or tag legibly marked with the name and address of the producer and the shipper. In addition the label or tag shall be marked with the number of the …

(a) A person, firm or corporation properly licensed pursuant to RSA 211:49-c and who possesses a lobster tail processing permit specified in Fis 609.03 shall process lobster tails as follows: (1) Lobster tails shall only be removed from the lobsters at the land-based facility and…

(a) No person may possess for the purpose of sale, sell, or offer for sale uncooked, raw shell-on American lobster tails, also known as green lobster tails, whether frozen or unfrozen, that have been separated from the carapace without complying with the following requirements: (…

(a) "Seaweeds" means any marine algae in the classes Chlorophyceae, Xanthophyceae, Phaeophyceae, and Rhodophyceae, including rockweeds and sea moss. (b) The collection of seaweeds shall be in accordance with RSA 207:48 through RSA 207:54. Notes N.H. Admin. Code § Fis 611.01 #6443…

(a) Effective February 20, 2024, no person shall fish for, take, possess, or land lobster or Jonah crab by trap from a vessel permitted by NOAA Fisheries, pursuant to 50 CFR § 697.4, to fish trap gear for lobster or Jonah crabs in the Economic Exclusion Zone without an installed,…

"Aquaculturist" means any person who is engaged in aquaculture as defined in RSA 211:62-e. Notes N.H. Admin. Code § Fis 801.01 (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, E…

"Aquatic species" means "aquatic species" as defined in RSA 211:62-e. Notes N.H. Admin. Code § Fis 801.02 (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. …

"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. Notes N.H. Admin. Code § Fis 801.03 (See Revision Note at chapter heading for Fis 80…

"Controlled" means that the wildlife species or activity such as the collection, importation, transportation, possession, sale, transfer or release of that wildlife is restricted. Notes N.H. Admin. Code § Fis 801.04 (See Revision Note at chapter heading for Fis 800) #5507, eff 11…

"Department" means the fish and game department. Notes N.H. Admin. Code § Fis 801.05 (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 Ame…

"Endangered species" means "endangered species" as defined in RSA 212-A:2, IV. Notes N.H. Admin. Code § Fis 801.06 (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…

"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/…

"Exotic species" means wildlife that are non-indigenous species. Notes N.H. Admin. Code § Fis 801.08 (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…

"Extirpated indigenous species" means wildlife species that were known to be indigenous to the state but are presently not found within the state. Notes N.H. Admin. Code § Fis 801.09 (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98…