Initial Proposal 9-20-18 1 · Initial Proposal 9-20-18 1 . Readopt with amendment Fis 502.02, eff....

Initial Proposal 9-20-18 1

Readopt with amendment Fis 502.02, eff. 4-22-16 (Doc #11080) to read as follows

Fis 502.02 Taking of Bait Fish by or Aquatic Invertebrates by Licensed Bait Dealers.

(a) There shall be no closed season for taking minnows, shiners, suckers, chubs, or tommycod for bait, except as otherwise provided in Fis 406, Fis 407, and Fis 410, by persons holding a bait dealers license by methods prescribed in RSA 214:34-a.

(b) Persons holding a bait dealers license may shall only take crayfish or other aquatic invertebrates by hand, with nets, or through the use of bait traps.

(c) All bait traps, holding boxes or other receptacles shall be plainly marked with the name and address of the owner or user.

(d) The open season for the taking of white sucker (Catostomus commersonii) by persons holding a bait dealers license shall be:

(1) June 1 to March 31if using a seine net; and

(2) No closed season, except as otherwise provided in Fis 406, Fis 407, and Fis 410 for any other method described in RSA 214:34-a.

Readopt with amendment Fis 502.03, eff. 1-1-14 (Doc #10425), to read as follows:

Fis 502.03 Taking of Smelt by Licensed Bait Dealers.

(a) Licensed bait dealers may take freshwater smelt for sale as bait or for personal use in accordance with the restrictions for taking smelt in Fis 400.

(b) (d) Licensed bait dealers may shall only take smelt in the waterbodies listed in Fis 502.03(c) by means of a dip net held in hand, a drop net not over 48 inches in diameter, or by means of a square umbrella net not over 42 inches on a side.

(c) Licensed bait dealers may take freshwater smelt for sale as bait from ice-in through February 28 only as follows:

(1) During even numbered calendar years The following waterbodies shall be open:

a. Beech Pond, Lower in Tuftonboro;

b. a. Cedar Pond in Milan;

c. Christine Lake in Stark;

d. b. Crystal Lake in Enfield;

e. c. Crystal Lake in Gilmanton;


f. Crystal Pond in Eaton; g. Deering Reservoir in Deering;

h. d. Iona Lake in Albany;

i. e. Loon Lake in Freedom

j. Loon Pond in Gilmanton; k. Manning Lake in Gilmanton; l. Pea Porridge Pond in Madison;

m. f. Pleasant Lake in Deerfield;

n. g. Post Pond in Lyme;

o. Rust Pond in Wolfeboro;

p. Sandy Pond in Richmond;

q. h. South Pond in Stark;

r. i. Suncook Ponds in Barnstead;

s. Sunapee Lake, Little in Springfield;

t. j. Sunset Lake in Alton/Gilmanton;

u. k. Tewksbury Pond in Grafton;

v. Webster Lake in Franklin; and w. l. Wentworth Lake in Wolfeboro; and x. White Lake in Tamworth.

(2) The daily limit for smelt taken by licensed bait dealers in the water bodies noted above shall be 8 quarts liquid of whole, head and tail intact, freshwater smelt in the 24 hours between 12 o'clock one day and 12 o'clock noon the following day. During odd numbered calendar years the following waterbodies shall be open:

a. Beech Pond, Lower in Tuftonboro; b. Christine Lake in Stark; c. Crystal Pond in Eaton;


d. Deering Reservoir in Deering; e. Loon Pond in Gilmanton; f. Manning Lake in Gilmanton; g. Pea Porridge Pond in Madison; h. Rust Pond in Wolfeboro; i. Sandy Pond in Richmond; j. Sunapee Lake, Little in Springfield; k. Webster Lake in Franklin; and l. White Lake in Tamworth.

(d) (e) The daily limit for smelt taken by licensed bait dealers in locations other than those set forth in (c) above accordance with Fis 502.03(c) and (d) shall be 8 2 quarts liquid of whole, head and tail intact, freshwater smelt in the 24 hours between 12 o'clock one day and 12 o'clock noon the following day.

(e) (b) No licensed bait dealer shall have in possession more than one daily limit of freshwater smelt while taking freshwater smelt for sale as bait from streams, pond or lakes, or when leaving such waters.

Readopt with amendment Fis 502.07, eff. 1-26-16, (Doc #11029), to read as follows:

Fis 502.07 Importation of Finfish for Bait.

(a) Licensed bait dealers shall obtain the permit described in accordance with Fis 1104.07 before importing any shipment or lot of bait fish from hatchery sources or wild stock. No person shall import fin fish for bait unless the person is a licensed retail or wholesale bait dealer in accordance with Fis 1104.04 who is also in possession of a permit to import bait fish issued in accordance with Fis 1104.07.

(b) Such A permits to import bait fish shall be issued to import only the following species:

(1) Catostomus commersoni, common/white sucker;

(2) Erimyzon oblonguscreek chub sucker;

(3) Fundulus sp., tomcod/killifish;

(4) Notemigonus crysoleucas, golden shiner/Arkansas shiner;

(5) Notropis cornutu, common shiner;


(6) Notropis hudsonius, spot tail shiner;

(7) Hybagnathus regius, Hunt's shiner/silvery minnow;

(8) Notropis atherinoides, emerald shiner

(9) Couesius plumbeus, Northern/lake chub;

(10) Semotilus atromaculatus, Northern creek chub; and

(11) Semotilus corporalis, fallfish.

(c) Smelt shall not be imported, except as provided in paragraph (i). All permits to import bait fish shall be issued with the following additional conditions and restrictions:

(1) Live fish imported for use as freshwater fishing bait may only be imported from states with an aquatic invasive species monitoring program approved in advance of the importation by the executive director, and meeting the testing criteria contained in Fis 803.09 and Fis 803.10;

(2) The date of importation from an approved hatchery source shall be within 6 months of the inspection;

(3) No species of aquatic invertebrate shall be imported for use as bait or otherwise;

(4) Smelt shall not be imported, except that all bait fish and smelt that are natal to the State of Maine and in good condition may be imported without a prior inspection of the source;

(5) No dealer shall import a greater quantity of bait fish than the quantity specified on that person’s import permit;

(6) Each shipment of imported fish for bait received by a licensed bait dealer shall be accompanied with a dated bill of sale, signed by the source of purchase, indicating the quantity by species and the name and address of the source of said fish; and

(7) The bill of sale and all documents showing the results of any inspection or testing of imported fish shall be open for inspection by the director or his agent at any reasonable time.

(d) No baitfish shall be imported from states known to have waters infested with zebra mussels or from states which allow the import of baitfish from states infested with zebra mussels unless the source of baitfish is approved free of zebra mussels as specified in Fis 502.09.

(e) Dealers shall not import a greater quantity of bait fish than the quantity specified on the permit.

(f) "Hatchery source" means a facility wherein all fish contained originated from eggs from within the facility or from eggs from another hatchery source. The term does not include any facility that permits the introduction of wild fish.


(g) Except as provided in paragraph (i), the following restrictions shall apply to the importation of bait fish from hatchery sources:

(1) Before such permit to import shall be granted, an on-site inspection of the hatchery source from which imports are intended shall be conducted only by persons certified as a fish health inspector or a fish pathologist by the American Fisheries Society or under the Canadian fish health regulations, or an employee of the fish and game department approved by the executive director. A copy of the certification shall be sent to the executive director before approval; (2) Inspection shall include but not be limited to the following:

a. Observation of all fish in the rearing pools, tanks, and raceways; and b. Examinations for fish pathogens described in Fis 803.10 (e); and

(3) An inspection report, signed by the approved agent shall be submitted to the executive director which includes the following information:

a. Date of inspection; b. Name of hatchery facility; c. Species, age in months, number of fish in, and the source of eggs and/or fish for each lot examined; d. Pathogens inspected for, methods of determination and the results for each lot examined; and e. Verification that the facility is a hatchery source by definition; and

(4) The executive director shall approve those hatchery source bait fish for importation, only when in his opinion, the fish are not infected with any biological pathogen that might be detrimental to the resources of the state. The date of importation from an approved hatchery source shall be within 6 months of the inspection.

(h) Except as provided in section (i), the following restrictions shall apply to the importation of bait from non-hatchery sources such as wild/feral fish:

(1) Before such permit to import wild fish for bait shall be granted, an on-site inspection of the previously harvested non-hatchery fish shall be conducted by persons as specified in (g) (1); (2) The inspection shall include but not be limited to the following:

a. Observation of fish in the holding facilities; and b. Examinations for fish pathogens described in Fis 803.10 (e); and


c. Fis 502.07(h)(2)a. and Fis (h)(2)b. shall not have to be conducted by the same examining agent. If multiple agents are utilized, each shall be separately approved by the executive director;

(3) Upon completion of the sampling phase of the inspection, no fish shall be added to the pools or holding facilities; (4) An inspection report, signed by the approved agent(s) shall be submitted to the executive director; (5) The report shall include the following information:

a. Date of inspection; b. Species and approximate number of fish in pen or pool; c. Source of fish, whether they are from a pond or stream, town or city and state or province; and d. Pathogens inspected for, methods of determination and results for each pen or pool examined; and

(6) The executive director shall approve those non-hatchery bait fish for importation only when in his opinion the fish are not infected with any biological pathogen that might be detrimental to the resources of the state. The date of importation shall be within 90 days of the inspection.

(i) Except as restricted in Fis 502.07(d), all bait fish listed in (b) and smelt may be imported without a previous inspection of the source provided said fish :

(1) Are in good condition, and do not appear to have any diseases; and (2) Are natal to the State of Maine.

(j) Each shipment of imported fish for bait shall be accompanied with a dated bill of sale, signed by the source of purchase indicating the quantity by species and the name and address of the source of said fish. The bill of sale shall be open for inspection by the director or his agent at any reasonable time.

(k) Any person who does not comply with the reporting requirements set forth in Fis 502.08 shall not be issued a new permit.

(l) No species of aquatic invertebrate shall be imported for use as bait or otherwise.


Fis 502.08 Reporting.

(a) All persons licensed to deal in bait in accordance with RSA 214:34 shall file a monthly report on combined brochure form F & G 84 and 84(a) with the executive director as follows:


(1) Any licensed bait dealer who takes smelt or other finfish species from New Hampshire waters for sale as bait shall file a report on prepare section Form F&G 84 by the 15th of the each month, for the calendar month previous, whether or not the taking of smelt bait such fish occurred; and (2) Any licensed bait dealer who imports bait from outside the state in accordance with a permit issued pursuant to Fis 1104.07 shall file a report on Form prepare section F&G 84(a) by the 15th of the each month, for the calendar month previous, whether or not an import occurred.

(b) The report on Form Those who prepare section F&G 84 shall contain provide the following information:

(1) The licensed bait dealer's name and address; (2) The bait dealer's license number; (3) Reporting month and year; (4) The licensed bait dealer's signature, subject to the penalties for making unsworn false statements under RSA 641:3; (5) The types and sizes of gear, traps or nets fished; (6) The date fished; (7) The name of the body of water and town/city where fishing occurred; (8) The number of each type of gear, trap or nets, fished; (9) The number of hours each gear type was fished; (10) The number of lines and hours angled; and (11) The quantity of fish smelt harvested. by species.

(c) The form Those who prepare section F&G 84(a) shall contain provide the following information: for the previous month:

(1) The licensed bait dealer's name and address; (2) The bait dealer's license number; (3) The reporting month and year; (4) The licensed bait dealer's signature, subject to the penalties for making unsworn false statements under RSA 641:3; (5) The dates of transactions;


(6) The name and address of the source of purchase; and (7) The quantity of fish purchased imported by species.

(d) All reports shall be maintained complete to the day previous and shall be either in the possession of or reasonably accessible to the licensee so that they shall be open for inspection by the director or his agent at any time.

(e) Any permittee licensed bait dealer who notifies the executive director in advance, in writing, that he will not be taking smelt from any in-state location and he will not be or purchasing importing bait fish from outside the state for a period of months in excess of 60 days shall not be required to report for that period so long as no bait fish smelt are taken and no bait fish are purchased imported. The notification shall be signed subject to the penalties for making unsworn false statements under RSA 641:3.

(f) Any person who does not comply with the reporting requirements specified above shall have his license revoked or, if at the end of the year, shall not be issued a license until the requirements are satisfied. Repeal Fis 502.09, eff. 1-1-16 (Doc #10936), as follows:

Fis 502.09 Zebra Mussels.

(a) The following definitions shall apply to this section:

(1) "High risk area" means an area where the likelihood for zebra mussel survival is high because the water is monitored and the water chemistries indicate calcium levels greater than 9 mg/L and pH 6.5 or greater; and (2) "Low risk area" means an area where the likelihood for zebra mussel survival is low because the water is monitored and the water chemistries indicate calcium levels less than 9 mg/L and pH less than 6.5.

(b) Baitfish and aquatic invertebrates used for freshwater fishing bait shall be imported only from areas which have an acceptable monitoring program in place which will enable the executive director to approve the source as free of zebra mussels.

(c) An acceptable monitoring program for fish from a wild source in a low risk area shall include:

(1) Monitoring for settling juveniles as described in Fis 502.10(a)(3); and (2) Visual inspection for adults.

(d) An acceptable monitoring program for a wild source in a high risk area shall include monitoring for all 3 life stages of the zebra mussel as follows:

(1) Inspection for veligers, as described in Fis 502.10(a)(2); (2) Inspection for settling juveniles, as described in Fis 502.10(a)(3);


(3) Visual inspection for adult zebra mussels; and (4) Sampling shall be done all year.

(e) An acceptable monitoring program for fish from a wild source which can be isolated for a period of time in a holding pond shall include the following:

(1) Monthly examination of water and fish; (2) Inspection for veligers; (3) Inspection for settling juveniles; and (4) Isolation shall be for a minimum of 30 days.

(f) An acceptable monitoring program for fish from a hatchery source shall include biennial inspection of fish gills for veligers and for settling juveniles in the tank by scraping surface and examining by the fish health inspector during health inspection.

(g) Sampling shall be performed by a group associated with a university or appropriate government agency or environmental consultant with the proper qualifications/experience for zebra mussel monitoring approved by the executive director.

Adopt Fis 502.09 to read as follows: Fis 502.09 Suspension of Bait Dealer License or Permit to Import Bait Fish. (a) Any person may complain to the executive director of the department if that person has reason to believe that a licensed bait dealer or holder of a permit to import bait fish has failed to comply with any provision of RSA 214:34 through 214:35, or these rules. (b) Any action seeking the suspension or revocation of an annual bait dealer license or permit to import bait fish shall be taken in accordance with RSA 541-A: 30 and Fis 200. (c) The period of suspension for the following offenses shall be indefinite, and no license or permit shall be restored until all required information has been filed with the department, or notice received from another jurisdiction that the license holder has satisfied all obligations imposed by that jurisdiction:

(1) Failure to file a report required by Fis 502.08 for more than 30 days; (2) Failure to obtain permit to import; (3) Failure to pay any required fee; or (4) Recognition of a suspension or revocation action imposed by another jurisdiction.

(d) The period of suspension for the following offenses shall be 1 year from the date of conviction:


(1) Take or possession of bait in excess of statutory limits or daily limits imposed by these rules;

(2) Import of bait fish into this state without evidence of required testing, whether from hatchery stock or wild sources;

(3) Knowingly, recklessly, or negligently introducing into this state a fish-borne pathogen or invasive species as a result of a failure to follow procedures imposed by these rules; or

(4) Utilization of an improper method(s) of take of bait fish for sale in violation of these rules.

Repeal Fis 502.10 eff.2-28-13 (Doc #10279), and hold the section in reserve as follows: Fis 502.10 Sampling Protocols for Acceptable Monitoring Programs. Monitoring programs shall include the following:

(a) Water chemistry testing for total calcium (mg/L) and pH to determine low or high risk areas;

(b) Inspection for zebra mussel veligers by standard protocols for sampling and identification of veligers shall include:

(1) Sampling at a minimum of 3 sites in still water;

(2) Sampling at a minimum of 2 sites in flowing water, one in center of current and one near edge;

(3) The sampler shall be:

a. Equal to or less than 64-micron(mm)-mesh plankton net and bucket screens with at least 30-cm-diameter opening at a 1:3 diameter to length bias; b. A 12-liter or greater volume Schindler-Patalas trap fitted with a net and bucket screens of at least 64-micron(mm)-mesh; c. A commercially built veliger monitoring system such as a filter box that receives pumped water with nominal filtration capability or at least 64-micron(mm)-mesh; or d. A bridal veil sampler with nominal filtration capability of at least 64-micron(mm);

(4) The sampling method in still water shall be one of the following:

a. A vertical tow from at least 3m depth or 0.5 m above the bottom; b. An oblique tow starting at least 3m depth; or c. Deployment of a filamentous substrate material such as bridal veil sampler for 2 weeks before rinse collection and preservation;


(5) The sampling method in flowing water with velocities that preclude the direct deployment of any of the devices as described in (b)(3) shall include pumping and pouring at least 200 liters (53 gallons) of sample water through a collection device net as described in (b)(3)a.. Less than 200L may be used if waters are highly eutrophic or successful deployment of an anchored bridal veil sampler for a one or 2 week period before rinse, collection and preservation can be made; (6) The sampling interval shall be once per 2 weeks, while water temperature is above 8°C; (7) Preserving samples in ethanol; (8) Counting veligers in at least 3 sub-samples for each collected sample; (9) Reporting mean number of veligers/m3 and variance, or presence if using the bridal veil sampling technique; and (10) Initial presence or absence screening shall be done using the cross polarized light technique on a disserting microscope with at least 50X power. Any "positive" organisms shall be examined and identified using available keys to confirm if they are zebra mussels veligers or ostracods;

(c) Inspection for settling zebra mussel juveniles by standard protocols for sampling and inspection for settling juveniles as follows:

(1) Sample sites shall be located where there is a protected site with some water movement such as a bay, eddy or backwater; (2) Sampling plates shall be PVC plates, a slide rack containing microscope slides, or multiplate sampler glass, plexiglass or PVC if known surface area to provide quantitative data; (3) Sampling plates shall be placed at 3m and at each sampling interval the sampling plates shall be retrieved and replaced; (4) The sampling interval shall be once per 2 weeks, while water temperature is above 8°C; (5) Preserving slides and plates in ethanol; (6) Scraping one side of each plate clean with razor, count settled juveniles in one centimeter squares on each plate until 60 juveniles have been counted, or the entire surface of the plate has been examined; and (7) Calculating surface area counted on each plate and report data as number of juveniles per square meter and volume of juveniles per square meter; and

(d) Visual inspection for adult zebra mussels. RESERVED

Readopt with amendment Fis 503.01, eff. 1-1-12 (Doc #10071), as amended eff. 4-1-14 (Doc #10541), to read as follows:


Fis 503.01 Definitions. (a) “Bass tournament” means a type of fishing tournament where the only eligible species for entry are black bass (Micropterus salmoides and M. dolomieui) and all of these fish caught are released. (b) "Club level event" means a bass tournament involving up to and including 15 boats. in which the members of an organized fishing club compete for club standings. (c) “Culling” means the act of exchanging a newly caught fish for one of the same species already in possession of the angler. (d) “Fishing tournament” means an any organized fishing event conducted on the freshwaters of the state in which participants, whether or not pre-registered, compete for cash any awards or other prizes including but not limited to cash, trophies, citations, ribbons, or points. The term includes angling conducted from the shore, any structure, or from any watercraft, whether or not motorized or registered in accordance with RSA 270. (e) “Intra-scholastic fishing tournament” means a fishing tournament held by the New Hampshire Interscholastic Athletic Association (NHIAA) affiliated school where all the participants are enrolled in a single school. (f) “Kid’s derby” means a fishing tournament where all the participants are under 16 years of age. (g) “Pre-registered” means having signed up in advance as a requirement to participate in a fishing tournament.

Readopt with amendment Fis 503.06, eff. 1-1-16 (Doc# 10936), as amended eff. 1-1-16 (Doc #10981), to read as follows:

Fis 503.06 Bass Tournament.

(a) In addition to the general restrictions specified in Fis 503.01 – Fis 503.05, bass tournaments shall also be subject to the following:

(1) Black bass shall only be held in a functional live well;

(2) No Each participant shall not hold more than the daily limit of black bass;

(3) Culling of black bass shall be permitted only during permitted bass tournaments;

(4) Culled black bass shall be released immediately into the same body of water from which it was caught, and in a physical state as to reasonably insure its survival;

(5) Black bass entered for the weigh – in at bass tournaments shall be released unharmed into the same water body where caught as follows:

a. In lakes and ponds not less than 300 feet away from shoreline; and


b. In rivers at mid-channel not less than 300 feet away from the weigh-in site;

(6) Boats designated by the bass tournament sponsor may hold more than the daily limit of black bass solely for the purpose of releasing black bass after weigh-in;

(7) There shall be no more than one weigh-in per calendar day in a bass tournament; and

(8) Bass tournaments held May 15 to June 15 shall be subject to the following:

a. Black bass shall be immediately released at location of capture;

b. Prior to release, black bass may be quickly measured or and weighed;

c. Black bass shall not be held in a live-well or otherwise retained longer than the time required for the fish to be measured or and weighed prior to immediate release; and

d. Weigh-ins shall not be allowed during these tournaments.

(b) Applications and issuance of permits for bass fishing tournaments permits shall be subject to the following processed as follows:

(1) Applications for award of a bass tournaments permit by lottery shall be accepted beginning between October 1 and December 1 for permits requested for the following year;

(2) No person or sponsoring entity shall file more than a total of 15 applications for the lottery, which may include a mix of club level events and non-club level events. Once this filing limit has been reached, any subsequent application received from that applicant shall be deemed ineligible for the lottery, but eligible for consideration under (6) below;

(3) No application shall be processed if the person or sponsoring entity has failed to file all of the reports required by Fis 503.04. Any such application received shall be returned to the sender without processing.

(4) Each aApplications for each a bass tournament event permit received between October 1 and December 1 shall be assigned a computer generated random number, which will be placed into a database.

(5) After January 1, on a date announced on the department’s website at least 10 days in advance, all entries in the database shall be ranked by a computer generated drawing of those random numbers;

(6) (3) Any applications for each a bass tournament event permit received after December 1 shall be issued a sequential number not inclusive of the random numbers generated for applications received prior to that date on a first come-first served basis; and

(7) (4) When there are multiple requests for a bass tournaments permit on for the same date and waterbody, preference shall be given to the application(s) for a bass tournament or bass tournaments permits shall be awarded in the order of the computer awarded ranking, with


the lowest assigned random number(s) awarded first until exhausted, followed by the lowest sequential number requests; and

(8) The decision of the executive director as to the results of the random number lottery drawing, the assignment of sequential numbering to applications, and the award of permits shall be final and not subject to further review.

(c) Applicants for a bass tournament permit who are conducting club level events with 15 or less boats per event may list up to 12 club level events on one bass tournament application.

(d) The fee for bass tournaments where all fish are measured or weighed at the location of capture and immediately released at the location of capture shall be as established in Fis 1110.05. Each successful applicant for a bass tournament permit shall be notified in writing of the selection, and:

(1) Offered an opportunity to pay the fee as set in Fis 1110.05 for the permit. If payment is not received within 30 days of the date of the notice, or within 10 days prior to the date of the tournament if the date is less than 30 days from the date of the notice, the permit shall not be awarded; and

(2) Once the period to pay the fee has expired, the permit shall be offered to the next applicant, in the order determined by the lottery or by sequential number assignment, upon the same condition to pay the fee on a timely basis.

(d) (e) Bass tournaments held on Umbagog Lake, Province Lake, Balch Pond, Horn Pond, Great East Lake, Milton Watershed, Lower Kimball Pond and Spaulding Pond shall be subject to the following:

(1) Black bass shall be taken only by artificial lures and flies;

(2) From April 1 through May 14 permittees may hold up to 2 black bass in a live well and submitted for the bass tournament and July 1 through November 30 permittees may hold up to 5 black bass in a live well and submitted for the bass tournament;

(3) From May 15 through June 30 all black bass shall be immediately released unharmed at the site of catch; and

(4) No weigh-in bass tournaments will be permitted on a body of water less than or equal to 500 acres and there shall be no more than 10 weigh-in tournaments on any water body greater than 500 acres annually, only 4 of which may be open tournaments. These waters shall include Umbagog Lake, Province Lake, Balch Pond, Horn Pond, Great East Lake, and Milton Watershed.

(e) (f) The number of boats participating in a permitted bass tournament shall not exceed the maximum number listed on the fishing tournament permit application.


Fis 504.01 Trophy Fish Program.


(a) The species listed in Table 500.1, below, shall be eligible for the trophy fish program if they

meet the minimum qualifying weights for fish kept or minimum lengths for fish caught and released:

Table 500.1

Species Name Scientific Name Weight Inches FRESHWATER FISH Atlantic salmon, Lake Salmo salar 5 lbs. 24" Black crappie Pomoxis nigromaculatus 2 lbs. 14" Bluegill Lepomis macrochirus l lb. 10" Brook trout Salvelinus fontinalis 2 lbs. 16" Brown bullhead Ameiurus nebulosus 2 lbs. 14" Brown trout Salmo trutta 5 lbs 25" Carp, common Cyprinus carpio 20 lbs. 30” Chain pickerel Esox niger 4 lbs. 24" Channel catfish Ictalurus punctatus 6 lbs. 24” Cusk (Burbot) Lota lota 6 lbs. 28” Fallfish Semotilus corporalis 2 lbs. 15” Lake trout Salvelinus namaycush 10 lbs. 30" Lake whitefish Coregonus clupeaformis 4 lbs 20" Largemouth bass Micropterus salmoides 5 lbs. 20" Northern pike Esox lucius 15 lbs 38" Pumpkinseed Lepomis gibbosus 10 oz. 8” Rainbow trout Oncorhynchus mykiss 4 lbs 20" Rock bass Ambloplites rupestris 1 lb. 10” Smallmouth bass Micropterus dolomieui 4 lbs. 19" Walleye Stizostedion vitreum 6 lbs 26" White catfish Ictalurus catus 4 lbs. 18” White perch Morone americana 3 2.5 lbs. 16"15” Yellow perch Perca flavescens 2 1.5 lbs. 14"

SALTWATER FISH Atlantic mackerel Scomber scombrus 3 lbs 17" Bluefish Pomatomus saltatrix 15 lbs. 34" Cod Gadus morhua 40 lbs. 44" Haddock Melanogrammus aeglefinus 10 lbs 30" Pollock Pollachius virens 30 lbs. 40" Striped bass Morone saxatilis 40 lbs 45” Winter flounder Pseudopleuronectes americanus 2 lbs. 17"



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 tThe 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. Readopt with amendment Fis 803.08, eff. 1-26-16 (Doc #11029), to read as follows:

Fis 803.08 Importation of Fish. (a) All No fish, other than non-controlled fish species, shall be imported from any source that has not filed a report of receive a pathological inspection as described in 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 pathogens. (b) No warmwater species of fish shall be imported from zone 2. (c) No fish shall be imported from states known to have zebra mussels present, 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. Readopt with amendment Fis 803.09, eff. 1-26-16 (Document #11029), to read as follows:

Fis 803.09 Pathological Inspections for Fish.


(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 or 10 consecutive annual inspections shall be conducted, prior to the date of import, depending on the source zone as specified in (f).

(b) The inspection shall be conducted only by an accredited, licensed veterinarian, a certified fish health inspector, a fish pathologist or persons recognized by federal or state agencies with responsibility for fish health in the state from which the fish or gametes originate. No owner or employee with direct supervisory authority over a facility shall serve as an inspector for their fish culture facility. 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, 2010 Edition as specified in Appendix II. 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) 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. (e) Pathological inspections of fish shall include results of the examinations for family specific pathogens listed as specified in Table 800.1.1, below:

Table 800.1.1 Family Specific Pathogens Table

Family Group Viral pathogens Bacterial pathogens Parasitic pathogens

Salmonidae (e.g., trout, salmon, char)

Infectious salmon anemia virus Viral hemorrhagic septicemia virus Infectious pancreatic necrosis virus Infectious hematopoietic necrosis virus

Aeromonas salmonicida Yersinia ruckeri Renibacterium salmoninarum

Myxobolus cerebralis

Cyprinidae (e.g., minnows) Castomidae (e.g., suckers) and Osmeridae (e.g, smelt) fishes.

Spring viremia of carp virus Viral hemorrhagic septicemia virus Infectious pancreatic necrosis virus Infectious hematopoietic necrosis virus

Aeromonas salmonicida Yersinia ruckerii Renibacterium salmoninarum

Centrarchidae (e.g. black bass) Moronidae (e.g., striped basses)

Spring viremia of carp virus Viral hemorrhagic septicemia virus Infectious pancreatic necrosis

Aeromonas salmonicida Yersinia ruckeri Renibacterium salmoninarum


Percidae (e.g., walleye, yellow perch) Esocidae (e.g., pikes)

virus Infectious hematopoietic necrosis virus Largemouth bass virus

Ictaluridae (e.g. catfishes)

Channel catfish virus Viral hemorrhagic septicemia virus Infectious pancreatic necrosis virus Infectious hematopoietic necrosis virus

Aeromonas salmonicida Yersinia ruckeri Edwardsiella tarda Edwardsiella ictaluri

Cichlidae Tilapia Iridovirus Infectious pancreatic necrosis virus Viral hemorrhagic septicemia virus Infectious hematopoietic necrosis virus Spring viremia of carp virus

Aeromonas salmonicida Yersinia ruckeri Streptococcus iniae Streptococcus agalactia

(f) Sample collection and sample lots shall follow the specific family testing requirements:

(1) Facility inspections require a minimum of 150 fish from the facility with no less than 60 of each species; (2) Facility inspections require 3 years of inspection of the facility; (3) Wild fish inspections require 60 fish per species; and require 3 years of inspection on source population; (4) Cichlidae fishes that are kept in a closed system shall require only one year of inspection; and (5) Salmonidae live fishes or eggs from zone 1 require 3 consecutive years of pathological inspection. and Salmonidae fishes or eggs from zone 2 shall require 10 consecutive years of pathological inspection.

(g) Disinfected Salmonidae eggs from broodfish which are positive for the following list of pathogens that are disinfected prior to import and transported in pathogen-free water may be imported into the state:

(1) Myxobolus cerebralis, whirling disease agent;

(2) Yersinia ruckeri, enteric redmouth disease agent; and

(3) Aeromonas salmonicida, furunculosis agent.


(h) All Salmonidae eggs shall be disinfected upon receipt, provided that any such eggs which are positive for Aeromonas salmonicida shall be disinfected twice upon receipt. (i) No fish from a facility or water body known to be infected with infectious hematopoietic necrosis virus, viral hemorrhagic septicemia virus, Heterosporis, infectious salmon anemia virus, spring viremia of carp, Myxobolus cerebralis, Ceratomyxa shasta, Tetracapsula bryosalmonae, or epizootic epitheliotrophic disease virus (EEDV) shall be imported. Readopt with amendment Fis 1104.04, eff. 1-1-11 (Doc #9773-B), to read as follows:

Fis 1104.04 Bait Dealer’s License.

(a) All applicants for an annual the resident and non-resident wholesale or retail bait dealer’s license under RSA 214:34 shall provide, in addition to the information required by RSA 214:8, the following on a the “Bait Dealer’s License Application” form:

(1) The applicant’s name and date of birth; (2) Physical address and mMailing address; (3) Business name and city or town where the business is located; (4) Daytime phone number; (5) An indication as to which bait dealer’s license is being applied for Whether the applicant desires the business information to be placed on the department’s website; (6) An indication as to Wwhether the applicant will be buying importing bait from an out-of-state source into the state; (7) An indication as to Wwhether the applicant will net or trap harvest bait in New Hampshire; (8) The signature of a conservation officer on the initial application only; and (9) The signature of the applicant subject to the penalties for making unsworn false statements under RSA 641:3; (10) An applicant desiring to take, purchase from or sell to another licensed bait dealer, sell to the public, or import up to 100 quarts per day of bait or possess up to 200 quarts per day of bait shall, pursuant to RSA 214:35, seek a wholesale bait dealer’s license; (11) An applicant desiring to take, sell to the public, purchase or import up to 20 quarts per day of bait or possess up to 100 quarts per day of bait shall, pursuant to RSA 214:35, seek a retail bait dealer’s license; and (12) The applicant shall attach to the application the fees as set forth in Fis 1110.05.

(b) All bait dealer licenses shall expire on December 31 of the year noted on the license.


(c) No bait dealer license shall be issued to an applicant if:

(1) That person as a holder of a license for a previous year has failed to file all of the reports required by Fis 502.08; (2) The applicant has failed to pay the required fee; or (3) The applicant’s bait dealer license is under suspension or revocation in accordance with Fis 502.09.

(d) No holder of a bait dealer license shall import fish for bait unless the holder has also been granted a permit to import bait fish in accordance with Fis 1104.07.

Readopt with amendment Fis 1104.05, eff. 4-1-14 (Doc #10541), as amended 1-1-16 (Doc #10981), to read as follows:

Fis 1104.05 Fishing Tournament Permit.

(a) An Aapplicants for a fishing tournament permit shall submit an application for each tournament to the executive director.(b) The application for fishing tournaments, other than kids’ derbies and intra-scholastic tournaments, shall include provide the following on the “Application for Permit to Conduct a Fishing Tournament”:

(1) The name of sponsoring organization; (2) The name and title of applicant; (3) The address of applicant; (4) The applicant’s home and work telephone numbers and email address; (5) The species of fish included in the tournament; (6) Inclusive dates of the tournament; (7) Maximum number of boats; (8) Waterbody and town where tournament is to be held; (9) Launch site; (10) Weigh-in site; (11) An indication, yes or no, that the tournament is open to the public; and (12) For bass tournaments only:

a. Alternate waterbody and town or alternate dates; b. Launch and weigh-in sites for alternate waterbody; and


c. For purposes of data analysis, an indication, yes or no, whether the bass tournament:

a. 1. Is a club level event in which members are competing for club standing; b. 2. Operates under a format of catch, measure and immediate release; c. 3. Has a sponsoring organization located in New Hampshire; and d. 4. Majority of sponsoring organization’s members live in New Hampshire; and e. 5. Is a New Hampshire Interscholastic Athletic Association (NHIAA) bass fishing tournament.

(b) (c) The application An applicant for a kid’s derby permit shall include the following on the “Application for a Permit to Conduct a Kids Fishing Derby”:

(1) Name and address of sponsoring organization; (2) Name, address and telephone number of individual responsible for tournament; (3) Waterbody and location of derby; (4) Inclusive dates of derby; (5) Name of commercial hatchery used for obtaining fish; (6) Number of fish being purchased; and (7) Number of prizes and approximate total value.

Readopt with amendment Fis 1104.07, eff. 1-1-11 (Doc #9773-B), to read as follows:

Fis 1104.07 Importing Bait Fish.

(a) Applicants for an annual permit to import bait fish under RSA 214:34-d shall make application on a form which includes in addition to the information required by RSA 214:8, provide the following on an “Application to Import Fin Fish for Bait” form:

(1) Name and date of birth of the applicant; (2) Business name Name of the business, if different; (3) (2) Telephone number; (4) (3) Physical and mMailing address; (4) Date of birth;


(5) The quantity by species of bait fish to be imported per importation; (6) The name and address of the source the bait fish is to be imported from; (7) The location to which said bait fish will be delivered, and the date said delivery is to occur; (8) The name and location of the water of origin for the bait fish to be imported; except for the natal waters of origin specified in Fis 502.07(g); and (9) The permittee’s bait dealer’s license number and signature and address given subject to the penalties for making unsworn false statements under RSA 641:3.

(b) All permits to import bait fish shall expire on December 31 of the year noted on the permit. (c) No permit to import bait fish under RSA 214:34-d shall be issued to an applicant if:

(1) That person as a holder of a permit for a previous year has failed to file all of the reports required by Fis 502.08; (2) The applicant has failed to pay the required fee; (3) The applicant’s does not already possess a valid annual New Hampshire bait dealer license; or (4) The applicant’s bait dealer license is under suspension or revocation in accordance with Fis 502.09.


Fis 1110.05 Freshwater Fishing Miscellaneous Permits.

(a) The fee for a special permit to promote or operate a fishing tournament pursuant to RSA 211:16-b shall be $25 for tournaments occurring in 2016 and $49 for tournaments occurring in 2017 and each subsequent year, except as set forth in (b) and (c), below.

(b) The fee for a catch, measure, and release bass fishing tournament permit shall be $10. beginning with tournaments occurring in 2017.

(c) The fee for a club level bass fishing tournament permit shall be $10.

(d) (c) There shall be no fee for any New Hampshire Interscholastic Athletic Association (NHIAA) bass fishing tournaments.

(e) (d) The fee for a license to sell freshwater fishing bait, pursuant to RSA 214:34, II and III, shall be:

(1) $26 for resident retailers; and


(2) $50 for nonresident retailers;

(2) (3) $76 for resident wholesalers. ; and

(4) $150 for nonresident wholesalers.

(f) (e) The fee for a license to import bait, pursuant to RSA 214:34-d, shall be $9.50.

Rule Specific State Statutes which the Rule Implements Fis 502.02 RSA 206:10; 214:35 Fis 502.03 RSA 206:10; 214:35 Fis 502.07 RSA 206:10; 214:35 Fis 502.08 RSA 206:10; 214:35 Fis 502.09 RSA 206:10, 207:14; 214:35 Fis 502.10 (repealed) RSA 206:10, 207:14; 214:35 Fis 503.01 RSA 206:10; 211:16-b Fis 503.06 RSA 206:10; 211:16-b Fis 504.01 RSA 206:10, I Fis 802.03 RSA 206:10; 207:14, 211:62-e; 211:62; 212:25 Fis 803.08 RSA 206:10; 207:14 Fis 803.09 RSA 206:10; 207:14 Fis 1104.04 RSA 214:34 Fis 1104.05 RSA 211:16-b Fis 1104.07 RSA 214:34-d Fis 1110.05 RSA 206:10, I

Initial Proposal 9-20-18 1 · Initial Proposal 9-20-18 1 . Readopt with amendment Fis 502.02, eff....

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Transcript of Initial Proposal 9-20-18 1 · Initial Proposal 9-20-18 1 . Readopt with amendment Fis 502.02, eff....