New Hampshire Administrative Code

"Individual person" means a one natural person. Notes N.H. Admin. Code § Fis 801.13 (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 Amen…

"Marine species" means "marine species" as defined in RSA 207:1, XV. Notes N.H. Admin. Code § Fis 801.14 (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. #…

"Naturalized species" means an exotic or an introduced species of wildlife that has become established in New Hampshire. Notes N.H. Admin. Code § Fis 801.15 (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. #…

"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. Notes N.H. Admin. Code § Fis 801.16 (See Revi…

"Person" means "person" as defined in RSA 207:1, XX. Notes N.H. Admin. Code § Fis 801.17 (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…

"Possess" means "possession" as defined in RSA 207:1, XXI, and includes the keeping, holding or restricting of wildlife. Notes N.H. Admin. Code § Fis 801.18 (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. #…

"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. Notes N.H. Admin. Code § Fis 801.19 (See Revision Note at chapter heading for Fis 800) #5507, eff 1…

"Propagate" means the raising, possessing or reproduction of wildlife for the purposes of sale or other pecuniary gain. Notes N.H. Admin. Code § Fis 801.20 (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. #8…

"Propagator" means a person engaged in the activity of propagating wildlife. Notes N.H. Admin. Code § Fis 801.21 (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: 5-21-0…

"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-pr…

"Take or taking" means "take or taking" as defined in RSA 207:1, XXVII. Notes N.H. Admin. Code § Fis 801.23 (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…

"Threatened species" means "threatened species" as defined in RSA 212-A:2, V. Notes N.H. Admin. Code § Fis 801.24 (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-…

"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. Notes N.H. Admin. Code §…

"Wildlife" means "wildlife" as defined in RSA 207:1, XXXV. Notes N.H. Admin. Code § Fis 801.26 #8893, eff 6-5-07 (from Fis 801.25) Amended by Volume XXXV Number 27, Filed July 9, 2015 , Proposed by #10868, Effective 6/25/2015, Expires12/22/2015. Amended by Volume XXXVI Number 06,…

(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…

Applicants for permits under Fis 800 shall make application subject to the penalties for making unsworn falsification under RSA 641:3. Notes N.H. Admin. Code § Fis 802.02 (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 1…

(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. …

All annual permits shall expire on December 31 of the year of issuance and the permittee shall be responsible for requesting renewal. Notes N.H. Admin. Code § Fis 802.04 #6889, eff 11-21-98; EXPIRED: 11-21-06 New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07 Amended by Volume X…

(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 execu…

(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. (…

(a) All wildlife imported into the state shall be in compliance with any requirements of the New Hampshire department of agriculture, US Department of Agriculture and the US Fish and Wildlife Service. Notes N.H. Admin. Code § Fis 803.02 (See Revision Note at chapter heading for F…

(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 aqu…

(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 musse…

(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…

(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 8…

(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 …

(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 path…

(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 license…

(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/owne…

(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 importa…

(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 se…

The fee for a permit to import wildlife shall be $30.00 and shall be submitted with each application. Notes N.H. Admin. Code § Fis 803.13 #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 Amended by Volume XXXV Numbe…

The fee for a permit to import wildlife shall be $15.00 and shall be submitted with each application. Notes N.H. Admin. Code § Fis 803.14 #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 The amended version of this …

(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. Notes N.H. Admin. Code § Fis 804.01 (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…

(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 aqua…

(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 in…

(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 th…

(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 …

(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 facilit…

(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 spotte…

(a) Channel catfish, Tilapia and hybrid striped bass shall be kept in a closed system. Notes N.H. Admin. Code § Fis 804.08 (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, EXPIR…

(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 an…

(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…

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. Notes N.H. Admin. Code § Fis 804.11 (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-…

(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 encl…

(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 enclosu…

(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. Notes N.H. Ad…