Section Fis 301.034 - Special Deer Permits - Deer Management Assistance Program(a) The purpose of this rule is to permit New Hampshire municipalities to identify areas where deer densities are too high for the existing habitat conditions. In such areas, aggressive efforts may be necessary to reduce the deer population through the regulated use of recreational hunters. The deer management assistance program (DMAP) approves the issuance of special hunting permits to any New Hampshire municipality which has identified a special deer management area within their jurisdiction meeting the eligibility criteria established herein.(b) A New Hampshire municipality may apply in writing on its own letterhead to the department for participation in the DMAP by providing the following: (1) A request on municipal letterhead, submitted to the NH Fish and Game Department, Wildlife Division, 11 Hazen Drive, Concord, NH 03301, signed by a majority of the governing body;(2) A map designating the area shall be included in the proposed special deer management area, showing: a. The tax map and lot numbers and the names of landowners of the affected parcels;b. Parcels which shall in aggregate total at least 640 acres, provided that:1. The parcels need not be contiguous;2. Non-contiguous parcels shall be a minimum of 1 acre in size; and 3. Parcels may be publicly or privately owned;(3) Documentation signed by each affected landowner verifying that the property is open for deer hunting upon such conditions and limitations as the landowner may impose;(4) Designation of a municipal employee of the requestor to perform the following tasks: a. Serve as the contact for all communication with the department;b. Issue DMAP permits to licensed hunters on behalf of the municipality; andc. Provide all information and reporting as required by the department; and(5) A deer management plan covering the proposed special deer management area that is specifically designed for the area, which shall include:a. Documentation of negative impacts claimed to be due to overabundant deer;b. Identification of parcels where deer inflicted damage to plant communities has occurred;c. Identification of parcels of forested land where forest regeneration has been significantly impacted by deer;d. A listing of specific deer management goals and objectives;e. An explanation of why the stated objectives cannot be met by hunters using the Department's existing deer season framework, or other special permits available under these rules; andf. A description of other actions the town has taken or is planning to take to meet the identified objectives.(c) The request shall be received by the department by 4:00 pm on the first Monday in July or be postmarked by midnight of the first Monday in July of the year of request. Requests not meeting the posted deadline shall be returned.(d) The department shall, within ten days of receipt, review each request for completeness. In the event that information is missing or incomplete, contact shall be made with the requestor, who shall have an additional period of ten days to provide the missing information.(e) There shall be no fee to submit a request, for review of the request, or for the provision of DMAP permits and tags.(f) On or before the fourth Friday in August in the request year, the department shall approve the request to create a special deer management area and issue DMAP permits, unless the department finds that:(1) The identified problem could be resolved using existing deer hunting opportunities; (2) The identified problem could be resolved by the issuance of a different special permit available under these rules; or(3) The identified problem cannot be effectively abated by the issuance of DMAP permits.(g) Upon approval of a request, the municipality shall be issued the number of DMAP permits and tags found necessary to meet the objectives of the deer management plan, which shall be conditioned as follows:(1) Deer may be taken during the archery season as specified in Fis 301.03(d), the muzzleloader season as specified in Fis 301.03(e), and during the regular season as specified in Fis 301.03(f), unless further restricted by the approved deer management plan, and shall comply with all other rules in Fis 301.03; and(2) Baiting for deer shall be allowed without a permit to bait wildlife as required by Fis 1102.04, provided that the DMAP permit shall restrict baiting as follows: a. Baiting shall take place within the special deer management area and only on parcels where the landowner has authorized the use of bait as specified in subparagraph (b)(3) above;b. The baiting season shall be as set forth in the deer management plan, provided that it shall not begin prior to September 15 nor extend beyond December 15 of the permit year;c. The permittee shall comply with all other applicable rules in Fis 307.01, Fis 307.03, and Fis 307.05; andd. The permittee shall comply with any limitations imposed upon specific parcels by individual landowners.(h) The approved municipality shall issue a "DMAP Permit" only upon the following conditions: (1) Each permit shall be valid only in the special deer management area noted on the permit between the dates of September 15 and December 15 of the year issued, or any lesser period between such dates that the municipality defines in the deer management plan;(2) No person shall be issued a "DMAP Permit" unless they present written landowner permission for any privately owned parcel identified as part of the special deer management area in paragraph (b)(3) above;(3) No person shall be issued a "DMAP Permit" unless they present evidence of one or more currently valid hunting licenses, including:a. An archery license under RSA 208:5 to take deer during the archery season, as specified in Fis 301.03(d);b. A muzzleloader license under RSA 208:5-a and a regular hunting license under RSA 214:9 to take deer during the muzzleloader season, as specified in Fis 301.03(e);c. A license under RSA 214:9 to take deer during the regular hunting season, as specified in Fis 301.03(f); ord. Any person under the age of 16 or any person over 68 who has a license pursuant to RSA 214:7-a;(4) Each permit shall be issued with 2 tags, allowing the taking of 2 antlerless deer as defined in Fis 301.01(c), which shall be in addition to the taking of deer authorized by Fis 301.03(d), Fis 301.03(e), Fis 301.03(f), Fis 301.031(a)-(c), and Fis 301.032;(5) Each issued "DMAP Permit" shall be completed with the following information:a. The name of the municipal issuing agent;b. The hunter's name and address;c. The hunter's current license number(s);d. The hunter's date of birth;e. The date and time the tag was issued;f. The tax map identification numbers of those parcels where the hunter is authorized to hunt;g. Any other restrictions imposed by the deer management plan or individual participating landowners on the hunting activities of the permittee, including: 1. The authorized weapons or method(s) of take;2. The dates or times during which hunting may occur;3. Landowner authorization to place bait and, if allowed, the dates during which baiting may occur; and4. The tax map identification numbers of those parcels to which any of these restrictions apply;(6) The municipal issuing agent and the hunter shall note the date and time and shall sign the DMAP permit document, subject to the penalties for making unsworn false statements under RSA 641:3;(7) No more than one DMAP permit may be issued to an individual hunter per year per municipality participating in DMAP; and(8) No DMAP permit or an associated tag may be sold, bartered, used, or transferred to any other person; and(9) The approved municipal applicant shall not charge a fee to issue a DMAP permit or an associated tag.(i) Immediately upon killing a deer in the special deer management area, the permittee shall provide the following information on the "DMAP Tag" and attach the tag to the deer:(1) The permittee's name and address;(2) The date and time of kill;(3) The WMU and town in which the kill occurred; and(4) The hunter's signature, subject to the penalties for making unsworn false statements under RSA 641:3.(j) Deer taken under a DMAP permit shall be registered as specified in RSA 208:15-d and shall comply with the requirements of RSA 208:16.(k) Each municipality that issues DMAP permits and tags shall: (1) Retain a copy of all DMAP permits issued for a period of 3 years;(2) Submit a copy of any issued DMAP permit(s) to the department headquarters each Friday from September 1 through December 15, by mail or email, at the addresses below: a. By mail to: New Hampshire Fish and Game Department, Wildlife Division, 11 Hazen Drive, Concord, NH 03301; orb. By email to: wildlife@wildlife.nh.gov, with the subject line DMAP Permits; and(3) Submit to the department an annual report by December 31 of the year the DMAP permits were provided which shall include a listing of all participating hunters by name, date of birth, town of residence, and hunting license number.(l) Following a hearing, the department may revoke or suspend a municipality's participation in DMAP for failure to comply with any of the conditions of the DMAP program.(m) Following a hearing, the department may revoke or suspend any individual DMAP permit upon a finding that: (1) The permit was obtained through fraud;(2) The permit was obtained by a person not entitled to receive a DMAP permit under these rules;(3) The permit holder failed to comply with the conditions of the DMAP permit; or(4) The permit holder violated the fish and game laws of New Hampshire or the provisions of these rules.N.H. Admin. Code § Fis 301.034
Derived From Volume XXXVIII Number 32, Filed August 9, 2018, Proposed by #12591, Effective 7/25/2018, Expires 7/25/2028.Amended by Number 23, Filed June 8, 2023, Proposed by #13644, Effective 6/1/2023, Expires 6/1/2033.