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These New Hampshire regulations require an importation permit for any controlled species that are imported into the state; these regulations also state that a permit is not required for a non-controlled species, which are listed in the regulations, and that a prohibited species, which are also listed in the regulations, cannot be imported into the state with or without a permit. The regulations also state the requirements for obtaining an importation permit, the provisions for importing certain species, the pathological standards for inspecting imported fish, and what needs to be included in the form to obtain an importation permit.

PART FIS 803. IMPORTATION OF WILDLIFE

Fis 803.01 Part Definitions.

Fis 803.02 Compliance Requirements.

Fis 803.03 Non-controlled Species - Importation.

Fis 803.04 Prohibited Species - Importation.

Fis 803.05 Permits to Import Wildlife.

Fis 803.06 Controlled Species - Importation.

Fis 803.07 Importation of Wildlife, Other Than Fish.

Fis 803.08 Importation of Warmwater Fish.

Fis 803.09 Importation of Salmonids.

Fis 803.10 Pathological Inspections for Fish.

Fis 803.11 Pathological Inspection Report for Fish.

Fis 803.12 Notification of Import of Wildlife.

Fis 803.13 Permit to Import Wildlife Forms.

Fis 803.14 Fees.

Fis 803.01 Part Definitions.

(a) “Salmonids” means all species and hybrids of the family Salmonidae listed by the American Fisheries Society, Special Publication No. 12, “A List of Common and Scientific Names of Fishes from the United States and Canada”, Fifth Edition 1991.

(b) “Warmwater species of fish” means those species of fish that usually inhabit warm or cool waters such as but not limited to:

(1) Black bass;

(2) Pickerel;

(3) Walleye;

(4) Sunfishes;

(5) Muskellunge; and

(6) Channel catfish and other catfish in the Family Ictaluridae.

(c) “Zone 1” means the area that includes the continental United States and Canada excluding the states or provinces listed in zone 2.

(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

Fis 803.02 Compliance Requirements.

(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.

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)(5)c.); ss by #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
New. #8893, eff 6-5-07

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) Non-venomous reptiles, except the following:

a. Indigenous reptile species listed in Table 800.1;

b. Alligator (Alligatoridae,spp. );

c. Crocodile (Crocodylidae, spp.);

(4) Non-living indigenous amphibians and reptiles, listed in Table 800.1for category 1;

(5) The following birds:

a. Cockatiel (Nymphieus hollandicus);

b. Canaries (Serinus spp);

c. Parrotts (Psittaciformes);

d. Parakeets (Budgerigar), except Monk Parakeet (Myiopsitta monachus);

e. Mynah Birds (Acridotheres spp.);

f. Finches (Estrildidae);

g. Pekin robins (Leiothrix lutea);

h. Weavers (Placeidae);

i. Toucans (Ramphastiske);

j. Button quail (Turnicidae)

k. Pigeons 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);

r. Gallinaceous Birds, except:

1. Grouse, Ruffed (Bonasa umbellus);

2. Grouse, Spruce (Dendragapus canadensis); and (6) The following mammals:

a. Bison (Bison bison; B.bonasus);

b. Wild Boar (Sus scrofa);

c. Camel (Camelus spp.)

d. Caribou/Reindeer (Rangifer tarandus);

e. Chinchillas, domesticated (Chinchilla spp);

f. Degus (Octodon degus);

g. Deer, Fallow (Dama lama);

h. Deer, Red (Cervus elaphus);

i. Deer, Sika (Cervus nippon);

j. Elk (Cervus elaphua canadensis);

k. Gerbils, domesticated (Cavia spp);

l. Guanco (Lama quanicoe);

m. Guinea pigs, domesticated (Cavia spp);

n. Hamsters, domesticated (Cricetus cricetus);

o. Mice, domesticated (Mus musculus);

p. Rats, domesticated (Rattus norvegicus and Rattus rattus);

q. Ferrets, domesticated (Mustela putoricus furo);

r. Llamas (Lama glama);

s. Alpacas (Lama placos);

t. Pot belly pigs, domesticated;

u. Rabbits, domesticated;

v. African pigmy hedgehog;

w. Sugar glider (Petaurus breviceps);

x. Tenrec (Tenrec ecaudatus);

y. Yak (Bos grunniens); and

z. Zebra (Equns burchelli, E. grevyi, E. zebra).

aa. Asian water buffalo (Babalus bubalis)

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)

Fis 803.04 Prohibited Species - Importation.

(a) No person shall import wildlife that has been designated as prohibited pursuant to Fis 803.04(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 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); and

e. Round goby (Neogobius melanostomus);

f. Tubenose goby (Proterhinus marmoratus);

g. Ruffe (Gymnocephalus cernuus); and

h. Snakeheads (Family: Channidae).

(3) Monk Parakeet (Myiopsitta monachus); and

(4) The following mammals and their hybrids:

a. Deer, white-tailed (Odocoileus virginianus); and

b. Moose (Alces alces); and

c. 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)

Fis 803.05 Permits to Import Wildlife.

(a) No live wildlife or their hybrids, designated as controlled, 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 controlled and shall require a permit to import.

(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) In order to make such a determination for any species not designated and listed as described in (b), the executive director shall consider the following criteria such as, but not limited to:

(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 New Hampshire's environment;

(7) Geographic distribution in the wild; and

(8) Source of wildlife;

(e) An application for a permit to import wildlife for any species not designated and listed as described in (b), shall be submitted to the department no less than 30 days in advance of the requested importation date.

(f) 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.

(g) A permit to import wildlife shall expire December 31 of the year issued.

(h) Wildlife determined by the United States Fish and Wildlife Service to be endangered or threatened and those treated as endangered or threatened because they are sufficiently similar in appearance to endangered or threatened species shall be prohibited from importation into New Hampshire without first obtaining the appropriate federal permit pursuant to 50 CFR 17.

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

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 under (b).

(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

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

Fis 803.07 Importation of Wildlife, Other Than Fish.

(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

Fis 803.08 Importation of Warmwater Fish.

(a) Warmwater species of fish shall receive a pathological inspection as described in Fis 803.10 so as to insure that the fish being imported are free of disease.

(b) No warmwater species of fish shall be imported from zone 2.

(c) 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 as specified in Fis 502.09.

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

Fis 803.09 Importation of Salmonids.

(a) No live fish or eggs of salmonids shall be imported from zone 2 and no live Atlantic salmon or eggs thereof shall be imported that are derived from brood stock natal to zone 2.

(b) Live fish or eggs of salmonids may be imported from zone 1 and shall have a pathological inspection of their source within one year prior to the date of import.

(c) 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 as specified in Fis 502.09.

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

Fis 803.10 Pathological Inspections for Fish.

(a) Pathological inspections of fish shall be conducted within one year prior to the date of import.

(b) The inspection shall be conducted only by persons certified as a fish health inspector or a fish pathologist by the American Fisheries Society, under the Canadian fish health regulations, the World Organization for Animal Health (OIE) or an employee of the fish and game department. A copy of the certification shall be sent to the executive director.

(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 Fish and Shellfish Pathogens”, developed by the Fish Health Section (FHS) of the American Fisheries Society, 2005 Edition, the “Fish Health Protection Manual of Compliance” 2004, Department of Fisheries and Oceans, Canada or the Aquatic Animal Health Code and Manual of Diagnostic Tests for Aquatic Animals, 9th edition, 2006, OIE. 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) Inspections for salmonid eggs to be imported shall include the following:

(1) Inspection of the source facility;

(2) Detection of viral pathogens using tissue culture methods; and

(3) A minimum of 60 eggs or related ovarian fluid from 60 brood stock pooled in 5 egg/fluid groups to be sampled from each lot of eggs intended for import;

(e) Salmonid eggs shall only be imported into the state providing the inspection of the source facility indicates negative results for 3 years prior to the current inspection for the following pathogens:

(1) Infectious hematopoietic necrosis virus (IHNV);

(2) Viral hemorrhagic septicemia virus (VHSV);

(3) Infectious pancreatic necrosis virus (IPNV) from sources outside Maine, Massachusetts, and Vermont; and

(4) Any unknown filterable replicating agent capable of causing cytopathic effect (CPE) in appropriate fish cell lines.

(f) Inspections for the importation of salmonid fish, excluding eggs shall include inspection of the source facility and pathological inspection of the fish.

(g) Salmonid fish, excluding eggs, shall be imported into the state, only if the inspection of the source facility indicates negative results for 3 years prior to the current inspection for the following pathogens:

(1) Myxobolus cerebralis (whirling disease agent);

(2) Ceratomyxa shasta;

(3) PKD, the causative agent for proliferative kidney disease;

(4) Infectious Hematopoietic necrosis virus (IHN);

(5) Viral hemorrhagic septicemia virus (VHSV); and

(6) Any other potentially serious fish pathogen exotic to New Hampshire.

(h) Importation of salmonid fish shall be prohibited if fish lots are found to be seriously infected, meaning to have severe clinical signs, with the following fish pathogens:

(1) Renibacterium salmoninarum (BKD agent);

(2) Yersinia ruckeri (ERM agent);

(3) Infectious pancreatic necrosis virus (IPNV); or

(4) Aeromonas salmonicida (furunculosis agent).

(i) Warmwater fish shall only be imported into the state if a pathological inspection shows that the fish are free of the following:

(1) Asian tape worm;

(2) Bass tapeworm; and

(3) Channel catfish virus;

(4) Largemouth bass virus; and

(5) Spring viraemia of carp virus.

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

Fis 803.11 Pathological Inspection Report for Fish.

(a) All fish 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 fisheries and oceans, or the department;

(9) Type of fish;

(10) Type of water supply for the hatchery;

(11) The following information for each individual lot:

a. Lot number;

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

Fis 803.12 Notification of Import of Wildlife.

(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

Fis 803.13 Permit to Import Wildlife Forms.

(a) The applicant for a permit to import wildlife shall provide the following:

(1) Name of applicant;

(2) Applicant's telephone number;

(3) Applicant's street address and mailing address;

(4) Species, number, and sex of wildlife to be imported whenever a species is not listed on the controlled list for the applicant's appropriate permit category;

(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;

(9) Information about the species not listed on the controlled list being imported into the state to include the following:

a. Species distribution;

b. Physical description, such as fur, color, body length;

c. Habitat and range/territory;

d. Shelter needs;

e. Diet;

f. Occurrence;

g. Breeding;

h. Life cycle;

i. Value;

j. Status;

k. Related species; and
(10) 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

Fis 803.14 Fees.

The fee for a permit to import wildlife shall be $15.00 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