Full Title Name:  State of New Hampshire. Office of Legislative Services. Division of Administrative Rules Fish and Game Department. Chapter Fis 800. The Importation, Possession and Use of All Wildlife. Part Fis 802. General Chapter Requirements.

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Country of Origin:  United States Citation:  N.H. Code Admin. R. Fis 802.01 - .05 Agency Origin:  New Hampshire Fish and Game Department Last Checked:  July, 2017 Date Adopted:  1992
Summary:

These New Hampshire regulations state the different permitee categories under Chapter 800 of the New Hampshire Code of Administrative Regulations. These regulations also indicate the penalties for making false statements, when annual permits expire, and who is exempt from the requirements of this chapter.

Fis 802.01 Permittee Categories.

Fis 802.02 Applicants.

Fis 802.03 Exemptions.

Fis 802.04 Expiration

Fis 802.05 Waiver

 

 

Fis 802.01 Permittee Categories.

(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 regulated shooting area shall be permittee category 4;

(5) An exhibitor shall be permittee category 5; and

(6) An aquaculturist shall be permittee category 6;

(7) A field trial permittee shall be permittee category 7.

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; amd by #9790-A, eff 1-1-11; paras. (a)(2)-(6) EXPIRED: 6-5-15; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

 

Fis 802.02 Applicants.

Applicants for permits under Fis 800 shall make application subject to the penalties for making unsworn falsification under RSA 641:3.

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, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

 

Fis 802.03 Exemptions.

(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) While the aquaculture and sale of live fish or aquatic invertebrates for fishing bait shall be in accordance with Fis 807, the taking, importation, and possession of live fish or aquatic invertebrates for fishing bait in accordance with RSA 214:34, RSA 214:34-a, RSA 214:34-b, RSA 214:34-d and Fis 502 shall be exempt from the requirements of this chapter.

(c) The capture, possession, and propagation of birds for falconry in accordance with RSA 209-A and Fis 813 shall be exempt from Fis 803, Fis 804 and Fis 806 dealing with importation, possession and propagation of wildlife.

(d) Rehabilitators may possess indigenous species of wildlife for the purpose of rehabilitating under Fis 812.

(e) Persons possessing wildlife legally taken and possessed under other licenses under RSA Title XVIII shall not be required to obtain a permit to possess wildlife under this chapter.

(f) The provisions of this chapter shall not apply to an owner or person possessing a wolf hybrid as defined in RSA 466-A, or a domesticated show or pet cat registered with a nationally or internationally recognized breeding association or registry which certifies the pedigree and registration of such cat to be without any wild felid parentage for a minimum of three generations.

(g) Persons taking and/or possessing wildlife pursuant to a scientific permit issued under RSA 214:29 shall be exempt from the provisions of this chapter.

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, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

 

Fis 802.04 Expiration.

All annual permits shall expire on December 31 of the year of issuance and the permittee shall be responsible for requesting renewal.

Source. #6889, eff 11-21-98; EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #11029, eff 1-26-16 (from Fis 802.05)

 

Fis 802.05 Waiver

(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 executive director no less than 90 days prior to the importation date or the date the individual plans to take possession of the animal.

(b) No waiver or 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. In order to make such a determination for any prohibited species the executive director shall consider information about the species including, but not limited to the following:

(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;

(8) Source of wildlife;

(9) Physical description, such as fur, color, body length;

(10) Shelter needs;

(11) Diet;

(12) Value;

(13) Related species; and

(14) History of diseases, pathogens and parasites in that or related species.

(c) No waivers under this section shall be issued to individuals in permittee categories 1, 2, 3, 4, 6, or 7.

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 (from Fis 802.06), EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, , EXPIRED: 12-22-15

New. #11029, eff 1-26-16

 

 

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