Fis 1200-1400 Licensing

Statutory Authority: RSA Chapter 215

REVISION NOTE:

Document #12761, effective 5-1-19, effectively readopted with amendments Chapter Fis 1300. Document #12761 made extensive changes to the wording, format, structure, and numbering of the former rules in Chapter Fis 1300. Specifically, Document #12761 adopted new rules Fis 1301.01 titled “Definitions”, Fis 1301.04 titled “License Renewal”, Fis 1302.02 titled “Ethical Responsibilities of Guides”, and Fis 1303.02 titled “Incident Reports”. Document #12761 also readopted, readopted with amendments, or repealed existing rules in Chapter Fis 1300, and extensively renumbered the remaining existing rules within the chapter. Document #12761 replaces all prior filings for rules in Chapter Fis 1300.

The prior filings for rules in Chapter Fis 1300 include the following documents:

#1670, effective 11-20-80

#2079, effective 7-5-82

#2560, effective 12-27-83

#2839, effective 8-31-84, EXPIRED 8-31-90

#4931, effective 9-13-90, EXPIRED 9-13-96

#6340, effective 9-26-96

#8153, INTERIM, effective 9-18-04

#8295, effective 3-1-05

#9844-A, effective 1-1-11

#9844-B, effective 1-1-11

#10350, effective 5-29-13

#11114, effective 6-3-16

Although most of the existing rules in the former Chapter Fis 1300 had last been filed under Document #9844-A, effective 1-1-11, these rules did not expire on 1-1-19 since they were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #12761, effective 5-1-19.

PART Fis 1301 LICENSING

Fis 1301.01 Definitions.

(a) “Commercial boat” means “commercial boat”, as defined in RSA 270:2, IV.

(b) “Fishing” means “angling”, as defined in RSA 207:1, I-a.

(c) “For hire” means providing or offering to provide services to the public at large for which compensation of any sort is demanded or received, whether directly or indirectly.

(d) “Guide” means “guide” as defined in RSA 207:1, XII. The term also includes a person who offers or provides services for hire to one or more other persons to engage in hunting or fishing on the lands or waters of the state.

(e) “Guiding” means “guiding” as defined in RSA 207:1, XIII. The term includes providing services for hire whereby a guide directs, instructs, or aids another in hunting or fishing on the lands or waters of the state. The term also includes the “business of guiding”.

(f) “Hunting” means “take or taking” as defined in RSA 207:1, XXVII.

Source. (See Revision Note at chapter heading for Fis 1300) #12761, eff 5-1-19; ss by #14410, eff 10-22-25, EXPIRES 10-22-35

Fis 1301.02 Types of Guide Licenses, Prerequisites.

(a) Pursuant to RSA 215:2, the department shall issue licenses to engage in the business of guiding as follows:

(1) Resident over 65 hunting guide;

(2) Resident over 65 fishing guide;

(3) Resident hunting guide;

(4) Resident fishing guide;

(5) Nonresident hunting guide; and

(6) Nonresident fishing guide.

(b) No applicant shall be approved to sit for a practical skills examination for a hunting guide license or a fishing guide license unless:

(1) The person is at least 18 years of age or older as required in RSA 215:5;

(2) The person has successfully completed and is certified in, at minimum, a basic first aid course and a basic cardiopulmonary resuscitation course which requires individuals to perform the practical skills in the course in order to be certified; and

(3) The person has a personal record free of convictions in any jurisdiction for:

a. A fishing, hunting, or trapping violation in the 3 years preceding the date of application;

b. A controlled substance violation in the 3 years preceding the date of application;

c. A misdemeanor or non-violent felony in the 5 years preceding the date of application; and

d. A felony involving violence against the person or property of another in the 10 years preceding the date of application.

c) No applicant with a felony conviction involving violence against the person or property of another, at any time, in any jurisdiction, shall be approved to sit for a practical skills examination for a hunting guide license.

(d) No applicant with a felony conviction involving violence against the person or property of another, at any time, in any jurisdiction, shall be approved to sit for a practical skills examination for a fishing guide license unless:

(1) The felony conviction occurred at least 10 years prior to the date of application; and

(2) The person has obtained a determination from a panel of 3 department-affiliated officials, appointed pursuant to Fis 1301.05(d), that the criminal conviction does not disqualify the individual from safely performing the duties of a fishing guide, pursuant to Fis 1301.05 below.

(e) No applicant for a hunting guide license shall be approved to sit for a practical skills examination unless the person has successfully completed a hunter safety course in this state, or any other state or province, which requires individuals to perform the skills of safe firearm and archery equipment handling and familiarization at a field session in the presence of live instructors.

(f) An applicant who is licensed as a guide in another state shall not be exempted from any of the application or examination procedures required by this part for licensure as a hunting guide or fishing guide in this state.

(g) All fishing guide licenses and hunting guide licenses shall expire on December 31 of the year of issue, subject to renewal as provided in Fis 1301.04 below.

Source. (See Revision Note at chapter heading for Fis 1300) #12761, eff 5-1-19; ss by #14410, eff 10-22-25, EXPIRES 10-22-35

Fis 1301.03 Application and Examination Procedures.

(a) Applicants seeking any type of guide license shall submit to fish and game headquarters, 11 Hazen Drive, Concord, NH 03301, a completed “Guide’s License Application”, Rev 10/25, available on the department’s website at: https://www.wildlife.nh.gov/licenses-and-permits/license-forms including the following:

(1) The applicant’s:

a. Name, including a maiden name if applicable;

b. Mailing address;

c. Legal residence address;

d. Telephone number;

e. Date of birth;

f. Proof of citizenship;

g. Alias;

h. Gender;

i. Height;

j. Weight;

k. Hair color;

l. Eye color; and

m. Current New Hampshire hunting or fishing license number;

(2) The business name, address, email address, and telephone number, if applicable;

(3) An indication if the applicant has previously been licensed as a guide and, if so, in what state, for how many years, and what was the last year the applicant was licensed as a guide;

(4) An indication if the applicant will be using boats and canoes while guiding;

(5) A statement explaining how much experience the applicant has with handling boats, motors, and canoes and familiarity with map and compass;

(6) Documentation that the applicant has taken and successfully completed a hunter safety course if applying for a hunting guide license;

(7) Documentation that the applicant is currently certified in, at minimum, a basic first aid course and cardiopulmonary resuscitation course which requires individuals to perform the practical skills in the course in order to be certified;

(8) An indication if the applicant has been convicted of any violation or crime within the last 10 years, the nature of any convictions, and in what state;

(9) An acknowledgement that, prior to approval of the application:

a. The applicant will be subject to a criminal records background check;

b. Further information may be required to explain the answers provided to any of the items noted above; and

c. An examination will be conducted at fish and game headquarters for any applicant who does not currently possess a New Hampshire hunting guide license or fishing guide license;

(10) A signed and notarized department of safety “Criminal History Record Information Release Authorization Form”, DSSP 256, available on the Department of Safety’s website at https://www.nhsp.dos.nh.gov/our-services/criminal-records/criminal-history-record-requests, to allow the department to perform a criminal background check of the applicant in accordance with subparagraph (9) above;

(11) The signature of the applicant, subject to the penalties for making unsworn false statements under RSA 641:3, certifying to the following:

a. The applicant understands and will comply with all pertinent New Hampshire statutes and rules relative to guides and guiding;

b. If applying for a resident guide license of any type, the applicant is a resident of the State of New Hampshire, as defined in RSA 207:1, XXIII, or, if a resident over 65 guide license, the applicant is also 65 years of age or older and has been a licensed hunting or fishing guide in New Hampshire for 5 or more years;

c. The applicant’s privileges to fish, hunt, trap, guide, take or land lobsters, or engage in commercial fishing activities are not under suspension or revocation in any state or province; and

d. The applicant is aware that conviction of certain felonies in any state or province prohibits the possession of a firearm or other dangerous weapon; and

(12) A 4 inch by 9 ½ inch self-addressed, stamped envelope.

(b) The fee for the fishing guide license or hunting guide license, pursuant to RSA 215:5, II, shall be:

(1) Resident over 65 hunting guide, $5.00;

(2) Resident over 65 fishing guide, $5.00;

(3) Resident hunting guide, $100.00;

(4) Resident fishing guide, $100.00;

(5) Nonresident hunting guide, $100.00; and

(6) Nonresident fishing guide, $100.00.

(c) Pursuant to RSA 541-A:29, within 30 days of the receipt of the guide license application, it shall be examined for errors or omissions, and the applicant shall be notified of such errors or omissions and the name, address, official title, and telephone number of a department employee who may be contacted regarding the application.

(d) Within 60 days of the receipt of a complete guide license application meeting the requirements set forth in paragraph (a) above, any applicant who:

(1) Meets all the requirements set forth in Fis 1301.02(b) through (e) and has not been denied licensure pursuant to subparagraph (e)(1) below shall be approved to sit for the practical skills examination; or

(2) Fails to meet the requirements set forth in Fis 1301.02(b) through (e) shall be denied a license and have the application and fee returned without further action, subject to the right of the applicant to request an adjudicatory hearing before an impartial hearing officer consistent with the procedures set forth in Fis 200 and RSA 541-A:31.

(e) Each applicant for an initial hunting guide license or fishing guide license shall take and successfully pass both a written and oral examination administered at the fish and game department at a date and time scheduled by the department, under the following conditions:

(1) The written examination shall require a passing grade of 75%. Any applicant successful in passing the written examination shall attend an oral examination within the following 12 months, failing which the application shall be denied;

(2) The oral examination shall be graded as a pass or fail, and shall test an individual’s practical skills, knowledge, and abilities in hunting, for a hunting guide license applicant, or fishing, for a fishing guide license applicant;

(3) The oral examination shall be conducted by at least 2 and no more than 3 examiners, of which 2 members shall be active or retired conservation officers from the fish and game law enforcement division, and one currently licensed hunting or fishing guide chosen by the executive director or designee;

(4) Any applicant unsuccessful in passing the written exam shall be allowed to retest, at the next available date scheduled by the department, but in no event sooner than 60 days from the date of original examination;

(5) The application of any person failing a second written or oral examination shall be denied in writing, subject to the right of the applicant to seek an appeal of the decision under Fis 1305; and

(6) No person who has failed a second written or oral examination shall be approved to sit for a practical skills examination for a period of one year from the date of the second failed examination.

Source (See Revision Note at chapter heading for Fis 1300) #12761, eff 5-1-19; ss by #14410, eff 10-22-25, EXPIRES 10-22-35

Fis 1301.04 License Renewal.

(a) Any holder of an existing hunting guide license or fishing guide license may apply for renewal of the license by submitting to fish and game headquarters, 11 Hazen Drive, Concord, N.H. 03301 a completed “Guides License Application”, Rev 10/25, available on the department’s website at https://www.wildlife.nh.gov/licenses-and-permits/license-forms, and including the following information:

(1) The type of license sought to be renewed;

(2) Any updates, corrections, or authorizations to information required in Fis 1301.03(a);

(3) A new signed and notarized department of safety “Criminal History Record Information Release Authorization Form”, DSSP 256, available on the Department of Safety’s website at https://www.nhsp.dos.nh.gov/our-services/criminal-records/criminal-history-record-requests;

(4) Documentation that the applicant is currently certified in, at minimum, a basic first aid course and cardiopulmonary resuscitation course which requires individuals to perform the practical skills in the course in order to be certified;

(5) The applicant’s signature, under penalty for making unsworn false statements pursuant to RSA 641:3, and containing the certifications set forth in Fis 1301.03(a)(11); and

(6) The required fee for the license(s) sought to be renewed.

(b) The license shall be renewed unless:

(1) The required fee has not been submitted;

(2) The applicant’s residence as provided on the renewal form would not permit renewal of the type of license currently held;

(3) The applicant’s existing license has been revoked;

(4) The criminal background check discloses a conviction that would disqualify the applicant from grant of the requested license; or

(5) The applicant is not currently certified in first aid or cardiopulmonary resuscitation as required.

(c) If the applicant does not hold a current and unexpired guide license but was the holder of a guide license at any time in the preceding 7 calendar years, a new license shall be granted without the need for the applicant to pass the written and oral practical skills examination, provided that the applicant meets all other requirements in Fis 1301.03(a).

Source (See Revision Note at chapter heading for Fis 1300) #12761, eff 5-1-19; ss by #14410, eff 10-22-25, EXPIRES 10-22-35

Fis 1301.05 Evaluation of Violent Felony Convictions.

(a) An individual with a prior felony conviction involving violence against the person or property of another may request a determination of whether the criminal conviction disqualifies the individual from obtaining a fishing guide license at any time after the 10-year anniversary of the conviction.

(b) Requests for a determination shall be in writing and include at least the following information:

(1) The individual’s legal name and contact information;

(2) Identification of any applicable felony convictions;

(3) Authorization for the department to obtain the individual's criminal record; and

(4) Any information regarding the individual's current circumstances or rehabilitation the individual wishes to present in support of their request. Such information may include letters of support, employment records, and personal references.

(d) The law enforcement division shall appoint 2 sworn law enforcement officers, and the chair of the fish and game commission shall appoint one fish and game commissioner to sit as a panel to review the individual’s criminal and incarceration history and other information submitted by the requesting individual. The panel, considering all information submitted by the individual or obtained from the individual’s criminal records, shall disqualify an individual from obtaining a fishing guide license only upon a determination that:

(1) The individual’s felony conviction has a substantial and direct relationship to the performance of the duties of a fishing guide; and

(2) Disqualifying the individual from obtaining a fishing guide license would be protective of the public safety.

(e) In making the determination required under paragraph (d) above, the panel shall consider only the following factors:

(1) The nature and seriousness of the crime for which the individual was convicted;

(2) The completion of the individual’s criminal sentence and the conditions of any probation, parole, or conditional release;

(3) The passage of time since the commission of the crime; and

(4) Any evidence of rehabilitation, including testimonials, employment history, and education or training.

(f) Determinations by the panel shall be by a majority and be in writing and rendered within 60 days of receipt of a complete request.

(g) A requesting individual dissatisfied with the panel’s determination may request an adjudicatory hearing before an impartial hearing officer, consistent with the procedures set forth in Fis 213 and RSA 541-A:31.

Source #14410, eff 10-22-25, EXPIRES 10-22-35

PART Fis 1302 RESPONSIBILITIES OF GUIDES

Fis 1302.01 Guide Responsibilities.

(a) Guides and the boats they operate while guiding shall meet all the requirements of RSA 270-E:3, RSA 270-E:18, and RSA 270-E:22 relative to registration and licensing of commercial boats and their operators.

(b) All licensed guides shall be responsible for determining that the person or persons they are guiding hold(s) and is carrying on their person a valid license and any other special licenses or permits required to take the wildlife sought during the engagement. This rule shall not prevent the person being guided from being charged with a violation of fish and game laws or rules or prevent such person from being held responsible for the violation.

(c) Each licensed guide shall hold and carry on their person a valid guide license and any other special licenses or permits required to take the wildlife sought during the engagement, except that a guide may direct, aid, assist, or instruct a moose permittee and subpermittee in accordance with Fis 301.07(f).

Source (See Revision Note at chapter heading for Fis 1300) #12761, eff 5-1-19; ss by #14410, eff 10-22-25, EXPIRES 10-22-35

Fis 1302.02 Ethical Responsibilities of Guides.

(a) A guide shall fully cooperate with all law enforcement officers, private landowners, and other wildlife officials.

(b) A guide shall abide by and advise all clients of all applicable conservation and game state and federal laws, statutes, regulations, and rules and shall not condone violation of the same.

(c) A guide shall accurately advise all clients of the weather conditions, terrain, and fish and game populations that are likely to be encountered and the equipment needs, physical endurance, and outdoor skills that might be necessary or required to achieve the goals of the engagement.

(d) A guide shall, at all times, take all steps reasonably required to provide for the safety of clients, employees, and other persons known to be in the area of the engagement.

Source (See Revision Note at chapter heading for Fis 1300) #12761, eff 5-1-19; ss by #14410, eff 10-22-25, EXPIRES 10-22-35

PART Fis 1303 RECORD KEEPING

Fis 1303.01 Record Keeping.

(a) Each licensed guide shall keep written records for all guiding trips completed.

(b) The records shall include the following for each trip:

(1) The date(s) on which guiding occurred;

(2) For each person guided on the trip:

a. The client’s address;

b. The client’s hunting or fishing license number; and

c. The client’s phone number;

(3) The towns in which guiding occurred; and

(4) The species of game or fish sought.

(d) Such records shall be kept for a minimum of 5 years and shall be made immediately available to the executive director or designated agent upon request.

Source (See Revision Note at chapter heading for Fis 1300) #12761, eff 5-1-19; ss by #14410, eff 10-22-25, EXPIRES 10-22-35

Fis 1303.02 Incident Reports. A licensed guide shall file with the law enforcement division, within 10 days of the conclusion of a guided trip, a written report detailing any of the following events occurring during the trip:

(a) Personal injury to any person being guided, other than minor injuries completely treated and resolved by first aid procedures;

(b) Personal injury caused by the guide or any person being guided to another human being, other than minor injuries completely treated and resolved by first aid procedures;

(d) Any violations of fish and game laws or regulations or any other law that resulted in a summons issued by any law enforcement officer to the guide or any member of the party being guided.

Source (See Revision Note at chapter heading for Fis 1300) #12761, eff 5-1-19; ss by #14410, eff 10-22-25, EXPIRES 10-22-35

PART Fis 1304 REGISTER

Fis 1304.01 Register Available. The current register of licensed guides required by RSA 215:2-a, and maintained at headquarters in Concord, shall be available to any individual upon request.

Source (See Revision Note at chapter heading for Fis 1300) #12761, eff 5-1-19; ss by #14410, eff 10-22-25, EXPIRES 10-22-35

PART Fis 1305 GUIDE LICENSES, COMPLAINT, AND REVOCATION

Fis 1305.01 Revocation.

(a) Any person may complain in writing to the executive director of the department if that person has reason to believe that a licensed guide has failed to comply with any provision of RSA 215 or this chapter.

(b) No annual guide license issued pursuant to this chapter shall be revoked unless the executive director finds, by a preponderance of the evidence, that the guide has violated the provisions of RSA 215:3 in an adjudicative proceeding conducted pursuant to RSA 541-A:30 and Fis 200.

(c) Any person whose guide’s license has been revoked pursuant to paragraph (b) above shall not be eligible to renew the license, in accordance with Fis 1301.04, but shall instead be required to reapply and to meet all requirements of Fis 1301, including the written and oral practical skills examination, before being issued a new guide’s license.

Source (See Revision Note at chapter heading for Fis 1300) #12761, eff 5-1-19; ss by #14410, eff 10-22-25, EXPIRES 10-22-35

PART Fis 1306 GUIDE PATCH

Fis 1306.01 Guide Patch.

(a) Every licensed guide, while engaged in the business of guiding, shall wear, in a conspicuous place on their clothing, a patch to be furnished by the executive director upon the issuance of the license. Such patch shall not be worn by any individual who is not a licensed guide.

(b) If a licensed guide ceases to hold a guide’s license, whether due to license revocation or voluntary license expiration, the person shall not wear the patch issued by the executive director.

Source (See Revision Note at chapter heading for Fis 1300) #12761, eff 5-1-19; ss by #14410, eff 10-22-25, EXPIRES 10-22-35

CHAPTER Fis 1400 NON-GAME

PART Fis 1401 AMPHIBIANS AND REPTILES

Fis 1401.01 General Provisions for Amphibians and Reptiles.

(a) Importation, possession, release and sale of live amphibians and reptiles shall be in accordance with Fis 803, Fis 804, Fis 805, and Fis 811.

(b) The taking of amphibians and reptiles shall be only by hand capture, including the use of hand held nets.

(d) Amphibians and reptiles native to New Hampshire, including parts thereof, specified in Fis 1401.02 and Fis 1401.03 shall not be exported from the state.

(e) Scientific permits granted for the taking of amphibians and reptiles, as specified in paragraphs (a) through (d) above, shall be in accordance with RSA 214:29 and Fis 1106.01.

Source #1670, eff l1-20-80; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84, EXPIRED 8-31-90

New. #6191, eff 2-22-96, EXPIRED: 2-22-04

New. #8673, INTERIM, eff 7-6-06, EXPIRED: 1-2-07

New. #8893, eff 6-5-07, ss by #10142, eff 6-5-12, EXPIRED: 6-5-22

New. #13409, eff 7-26-22

Fis 1401.02 Amphibians.

(a) No person shall take or possess a marbled salamander (Ambystoma opacum), Fowler’s toad (Anaxyrus fowleri), or Northern leopard frog (Lithobates pipiens) or any egg or part thereof.

(b) The daily bag limits for the taking of amphibians listed below in Table 1400.1 shall be 5 amphibians of each species:

Table 1400.1 Amphibians

American toad	Anaxyrus americanus
Gray treefrog	Hyla versicolor
Spring peeper	Pseudacris crucifer
American bullfrog	Lithobates catesbeiana
Green frog	Lithobates clamitans
Pickerel frog	Lithobates palustris
Mink frog	Lithobates septentrionalis
Wood frog	Lithobates sylvatica
Spotted salamander	Ambystoma maculatum
Northern two-lined salamander	Eurycea bislineata
Northern dusky salamander	Desmognathus fuscus
Eastern red-backed salamander	Plethodon cinereus
Red-spotted newt	Notophthalmus viridescens

Source #10142, eff 6-5-12, EXPIRED: 6-5-22

New. #13409, eff 7-26-22

Fis 1401.03 Reptiles.

(a) No person shall take or possess a spotted turtle (Clemmys guttata), Blanding's turtle (Emydoidea blandingii), wood turtle (Glyptemys insculpta), Eastern box turtle (Terrapene carolina carolina), black racer (Coluber constrictor), timber rattlesnake (Crotalus horridus), Eastern hognose snake (Heterodon platirhinos), or any egg or part thereof.

(b) The taking of reptiles, cited below in Table 1400.2, shall be taken only as specified in this section:

Table 1400.2 Reptiles

Musk turtle	Sternotherus odoratus
Painted turtle	Chrysemys picta
Snapping turtle	Chelydra serpentina
Ring-necked snake	Diadophis punctatus
Eastern milksnake	Lampropeltis triangulum triangulum
Northern watersnake	Nerodia sipedon
Brown snake	Storeria dekayi
Red-bellied snake	Storeria occipitomaculata
Garter snake	Thamnophis sirtalis

(d) No person shall take any species of indigenous turtle from May 15 to July 15.

(e) The taking of snapping turtles (Chelydra serpentina) shall only be allowed of snapping turtles less than 6 inches or 12 to 15 inches in length as measured from the front to rear along the top of the carapace.

Source #10142, eff 6-5-12 (from Fis 1401.01), EXPIRED: 6-5-22

New. #13409, eff 7-26-22

PART Fis 1402 RELEASE OF INFORMATION

Fis 1402.01 Release of Information. The fish and game department shall, at its discretion, withhold from any person information about the location and population of a non-game species if it determines that disclosures of such information would threaten the survival of that or another non-game species in any way.

Source #13409, eff 7-26-22

Appendix

Rule	Specific State Statute which the Rule Implements

Fis 1301.01	RSA 206:10, I; RSA 207:1, XII, XIII, & XXVII
Fis 1301.02	RSA 206:10, I; RSA 215:1; and RSA 215:5
Fis 1301.03	RSA 206:10, I; RSA 215:2
Fis 1301.04	RSA 206:10, I; RSA 215:6
Fis 1301.05	RSA 206:10, I; RSA 215:2
Fis 1302.01	RSA 206:10, I; RSA 215:5
Fis 1302.02	RSA 206:10, I; RSA 215:5
Fis 1303.01	RSA 206:10, I
Fis 1303.02	RSA 206:10, I
Fis 1304.01	RSA 206:10, I; RSA 215:2-a
Fis 1305.01	RSA 206:10, I; RSA 215:3
Fis 1306.01	RSA 206:10, I; RSA 214:7

Fis 1401.01	RSA 206:10, I; RSA 212-B:4; RSA 214:29
Fis 1401.02	RSA 206:10, I; RSA 212-B:4
Fis 1401.03	RSA 206:10, I; RSA 212-B:4
Fis 1402.01	RSA 206:10, I; RSA 212-B:4