N.H. Admin. Code § Fis 301.09

Current through Register No. 41, October 10, 2024
Section Fis 301.09 - Moose Season Lottery
(a) Application for the moose season lottery shall be made on an application described in Fis 1102.08.
(b) The applicant shall be at least 16 years of age by the application deadline.
(c) A non-refundable fee of $15 for residents or $25 for nonresidents, payable to New Hampshire fish and game department by cash, check, or money order, shall accompany each application.
(d) Only one application per person shall be entered in the lottery, and applications shall be non-transferable. Any person who provides an incorrect state of residency on an application shall be disqualified from the lottery process and shall not be eligible to receive a permit. State of residency for purposes of the moose lottery application process shall be the person's state of residence, pursuant to RSA 207:1, XXIII, at the deadline date for moose lottery applications. Proof of NH residency shall be the applicant's valid NH driver's license or NH non-driver's identification card number issued by the NH department of safety, division of motor vehicles, prior to the application deadline.
(e) Illegible applications and incomplete applications shall be returned and not considered. Corrected applications may be resubmitted.
(f) No late entries shall be accepted.
(g) Bonus points shall be accrued in accordance with RSA 208:1-a, II-a.
(h) No person shall accrue more than one point in a given year's lottery.
(i) A person's accrued points shall be lost if:
(1) The applicant fails to provide an eligible application for a given year's lottery;
(2) The applicant fails to provide notification of a driver's license number or non-driver identification number change as specified in paragraph (w) below;
(3) The successful applicant has paid the permit fee and does not return the permit by October 1 as specified in paragraph (t) below; or
(4) The applicant provides an incorrect state of residency as described in paragraph (d) above.
(j) All applications shall be:
(1) Turned in to the department headquarters by 4:00 p.m. on the last Friday in May;
(2) Postmarked no later than midnight on the last Friday in May; or
(3) Submitted on-line as long as the transaction was started prior to midnight eastern daylight time on the last Friday in May.
(k) Applications shall be assigned a number on a first come, first served basis when received at the department headquarters. Self-addressed and stamped receipts shall be returned as notification that the application has been received.
(l) The lottery drawing shall be:
(1) Held after the season dates have been adopted by rules; and
(2) Conducted in the following manner:
a. Selection of winning numbers shall be done by computer selection of random numbers;
b. A total of 33 application numbers shall be drawn;
c. A total of 500 additional numbers shall be drawn as alternates;
d. The 33 moose permits shall be allocated as specified in Table 300.02 below:

Table 300.02 Moose Permit Allocation Table

Wildlife Management Unit

No. of Permits For Either Sex Moose

No. of Permits Restricted To Antlerless Moose Only

A1

2

0

A2

8

0

B

7

0

C1

3

0

C2

5

0

D1

3

0

D2

0

0

E1

0

0

E2

0

0

E3

0

0

F

0

0

G

0

0

H1

0

0

H2-north

0

0

H2-south

0

0

I1

0

0

I2

0

0

J1

0

0

J2

0

0

K

0

0

L

3

0

M

2

0

e. Based on the order of computer selection, applicants shall be assigned a permit as follows:
1. Applicants shall be assigned a permit for either sex moose in a wildlife management unit indicated on their application;
2. If all permits for either sex moose in those wildlife management units are filled, applicants shall:
(i) Be assigned to a permit for an antlerless moose, provided their application indicates they are willing to hunt antlerless moose in one of the wildlife management units having these permits available; and
(ii) Not be assigned a permit if their application indicates they are not willing to hunt antlerless moose; and
3. Once all of the initially drawn applicants have been considered for permits:
(i) Alternates shall be used to fill the remaining permits; and
(ii) Successful applicants drawn for a permit shall be notified by mail within 10 working days; and
f. The percentage of nonresident numbers drawn shall not be greater than the percentage of nonresident hunting licenses sold during the previous calendar year, and nonresidents shall be randomly distributed throughout the wildlife management units.
(m) Alternates shall be chosen if a permittee chooses not to participate in the hunt and advises the department, in writing, of this decision. Alternates shall be selected in the order in which they were originally drawn in the lottery. Chosen alternates shall then be permittees. Alternates shall be assigned to the wildlife management unit which was assigned to the original permittee. These new permittees shall be notified by mail within 7 days after being selected.
(n) The permit fee shall be paid in full at fish and game headquarters in Concord no later than the last working day in July. Late payments received via U.S. mail shall be accepted, provided they were postmarked no later than midnight on the third Friday of July. Alternates shall be chosen for applicants failing to pay the fee by the prescribed date. Alternates selected shall then pay within 14 days after being notified.
(o) The permittee shall submit the information specified in paragraph (p) below on the permittee and the subpermittee, if a subpermittee is designated, to the fish and game department so that it shall be received at fish and game headquarters in Concord by the last working day in July. Late information received via US mail shall be accepted, provided they are postmarked no later than midnight on the third Friday in July. If an alternate is chosen as a permittee, designation of subpermittee and accompanying information shall be submitted with the payment.
(p) The information required in paragraph (o) above of permittees and subpermittees shall be as follows:
(1) Confirmation of the permittee's intention to participate in the moose hunt signed subject to the penalties for making unsworn false statements under RSA 641:3;
(2) The subpermittee's:
a. Complete name and mailing address;
b. Date of birth; and
c. Telephone number; and
(3) A signed statement from the permittee and the subpermittee that neither has paid or bartered anything for the privilege of being designated as a subpermittee and that they each have read and understand the current moose hunting rules signed subject to the penalties for making unsworn false statements under RSA 641:3.
(q) The permittee shall obtain a permit described in Fis 1102.09. There shall be no residency requirements for the subpermittee.
(r) No person shall act as a subpermittee for more than one permittee.
(s) The deadline for the permittee to change the subpermittee shall be 8 days prior to the start of the moose season.
(t) Once the fee for a moose permit has been paid, the permittee shall lose all accumulated points and not be eligible to submit an application for the next 3 application periods, unless the permittee returns the permit prior to October 1 so that an alternate may be notified to participate in the moose hunt.
(u) No permittee shall sell or barter the subpermittee portion of their permit.
(v) No person shall possess more than one moose permit as a permittee.
(w) If a person's driver's license number or non-driver identification number changes, the applicant shall notify the department on the application. If the department is not able to match the identity of the applicant with its records, the applicant shall provide their name, address, date of birth, their old identification number, and new identification number.
(x) The executive director shall waive restrictions in the moose lottery process to delay the issuance of a moose permit for one year after being drawn due to a life-threatening illness or accident of the permittee or the permittee's active duty military service, any of which prevents the permittee from participating in the moose hunt.
(y) In order for the permit to be deferred, the permittee shall:
(1) Not have participated in any portion of the current year's moose hunt; and
(2) Provide the following:
a. A request from the permittee to defer the permit, which includes a brief explanation as to the deferment request, signed subject to the penalties for making unsworn statements under RSA 641:3; and
b. Either:
1. A statement from a physician stating that, due to the permittee's medical condition, the permittee is physically not able to participate in the current year's moose hunt, signed subject to the penalties for making unsworn false statements under RSA 641:3; or
2. In the case of active military service, federal documentation which shows that the permittee will be on active duty during the current year's moose hunt.
(z) The permittee shall notify department headquarters no later than 4:00 pm on the day before the hunt begins of said intent to defer the current year's permit.
(aa) The information referenced in paragraph (y) above and the permit shall be received at department headquarters no later than the second Friday of November.
(ab) The executive director shall authorize permits, in addition to the permits in paragraph (l)(2)d. above, if the director determines that a department error resulted in the rejection of an eligible application for a permit, provided the issuance will have no significant impact on the moose population and the application would have otherwise been successful based on its random number.

N.H. Admin. Code § Fis 301.09

#4327, eff 10-22-87; ss by #4572, eff 2-3-89; amd by #4733, eff 1-22-90; amd by #5125, eff 4-26-91; amd by #5384, eff 4-29-92; amd by #5625, eff 6-1-93; ss by #5817, eff 4-26-94; amd by #6038, eff 5-17-95; ss by #6250, eff 5-22-96 (See Revision Note at part heading for Fis 301); ss by #6520, eff 5-31-97; ss by #6783, eff 6-30-98; amd by #7107, eff 9-25-99; ss by #7289, eff 6-1-00; ss by #7699, eff 6-5-02; ss by #8019, eff 12-24-03; ss by #8085, eff 5-26-04; amd by #8249, eff 1-6-05; ss by #8357, eff 5-25-05; amd by #8517, eff 12-17-05; amd by #8644, eff 6-1-06; amd by #8914, eff 1-1-08; ss by #9163, eff 5-28-08; ss by #9720-A, eff 6-5-10; amd by #9948-A, eff 6-24-11; ss by #10142, eff 6-5-12

Amended byVolume XXXIV Number 24, Filed June 12, 2014, Proposed by #10619, Effective 6/2/2014, Expires6/2/2024.
Amended by Volume XXXV Number 27, Filed July 9, 2015 , Proposed by #10853, Effective 6/22/2015, Expires6/22/2025.
Amended by Volume XXXVI Number 23, Filed June 9, 2016, Proposed by #11114, Effective 6/3/2016, Expires 6/3/2026.
Amended by Volume XXXVII Number 23, Filed June 8, 2017, Proposed by #12189, Effective 5/25/2017, Expires 5/25/2027.
Amended by Volume XXXIX Number 24, Filed June 13, 2019, Proposed by #12786, Effective 5/22/2019, Expires 5/22/2029.
Amended by Volume XLI Number 23, Filed June 10, 2021, Proposed by #13211, Effective 5/26/2021, Expires 5/26/2031
Amended by Number 23, Filed June 8, 2023, Proposed by #13644, Effective 6/1/2023, Expires 6/1/2033.