N.H. Admin. Code § Fis 303.12

Current through Register No. 41, October 10, 2024
Section Fis 303.12 - Restrictions on Certain Traps
(a) No foothold trap with auxiliary teeth added shall be allowed.
(b) No foothold traps shall be set on land with an inside jaw spread greater than 61/2 inches, measured between the inside edges of the opened jaws, across the trap trigger, and perpendicular to the trap base plate.
(c) Body gripping traps with an inside jaw spread greater than or equal to 61/2 inches, measured inside the jaws perpendicular to the trap's pivoting joints, shall only be set:
(1) Five feet or more above the ground or surface of the snow unless there was a snowstorm during the previous 24 hours; or
(2) In water, for beaver or otter.
(d) Deadfalls, a device constructed of any material(s) utilizing material weight as the holding or killing method, shall be prohibited.
(e) Notwithstanding the provisions of Fis 308, no person shall set a snare on land.
(f) When set, all traps shall be securely attached to the ground, to a fixed object, to a drag, or to a slide wire.
(g) Traps shall not be set within 50 feet of exposed bait, as defined in paragraph (h) below, but may be set any distance from a covered bait, as defined in paragraph (i) below.
(h) "Exposed bait" means bait that is the body of any animal, including fish, or parts thereof including meat, organs, viscera, bones, or any other parts of an animal, that is visible from above, but does not include meat, organs, viscera, or bones totaling 4 ounces or less, or skin, hair, or feathers 25 square inches or less, droppings, urine, or living or dead animals held in a trap as the result of lawful trapping activity.
(i) "Covered bait" means bait that is the body of any animal, including fish, or parts thereof including meat, organs, viscera, bones, or any other parts that are covered so as to not be visible from above, where cover includes, but is not limited to, brush, branches, leaves, soil, or snow and is constructed in a manner to withstand wind and normal environmental conditions. "Covered bait" includes baits less than one-half pound when placed in a dirt hole 6 inches in diameter or less at a depth of 6 inches or greater, and baits of less than 5 pounds placed on pole sets 5 or more feet above ground are also considered covered bait.
(j) The following restrictions on traps shall apply while trapping in WMU's A, B, C1, C2, D1, D2 East, E, and F:
(1) All foothold traps set on land must have one swivel in the chain or cable and one swivel connection to the trap;
(2) Body gripping traps with an inside jaw spread of 4 inches or greater and less than or equal to 5 inches, measured inside the jaws perpendicular to the trap's pivoting joints, which are set on the ground, shall only be set as follows:
a. Set in the water at all times, unless there was a water level change that occurred during the previous 24 hours;
b. Set under overhanging stream banks; and
c. Set as a blind set with no bait or attractant;
(3) Body gripping traps, measured inside the jaws perpendicular to the trap's pivoting joints, with an inside jaw spread 4 inches or greater which are set off the ground, shall only be set as follows:
a. Five feet or more above the ground or surface of the snow, unless there was a snowstorm during the previous 24 hours;
b. Affixed to a leaning section of a pole or tree, no greater than 4 inches in diameter, that is free of branches and angled 45 degrees or greater in its entirety;
c. Excluding branch removal, the pole or tree shall not have planed or altered sides;
d. The area within 4 feet of the trap shall be free of trees, poles, or other objects greater than 4 inches in diameter;
e. The areas within 4 feet of the trap shall be free of trees or poles that are angled less than 45 degrees to the ground at any point between the ground elevation and the elevation of the trap; and
f. The area within 4 feet of the trap shall be free of banks, bluffs, rocks, or immediate rise in ground elevation; and
(4) Body gripping traps with an inside jaw spread greater than 5 inches and less than 61/2 inches, measured inside the jaws perpendicular to the trap's pivoting joints, which are set on the ground, shall only be set:
a. Recessed in the den entry of nuisance wildlife with the den entry covered by wire mesh with openings that do not exceed 11/2 inches side-to-side and wire gauge shall be 16 gauge or less or wire diameter 0.05 inches or greater;
b. If placed in a lynx exclusion device, as follows:
1. The trap jaws shall be completely within the device, but the trap springs may be outside of the device;
2. The lynx exclusion device shall not have an opening greater than 6 inches by 8 inches;
3. The opening shall not be directly in front of the trap but shall be either on the top or side of the device;
4. The trap set within the device shall be a minimum of 18 inches from the closest edge of the opening to the trap;
5. The back of the device shall be secured to withstand heavy pulling;
6. If using wire mesh with a wood box, the wire mesh shall wrap around 2 opposite sides of the box and be secured;
7. There shall be at least 2 attachment points for each side of the device where there is a joint or where panels come together;
8. The exclusion device shall be constructed of wood or wire mesh that does not exceed 11/2 inch openings from side to side;
9. The wire gauge shall be 16 gauge or less or a wire diameter of 0.05 inches or greater;
10. The opening slot in the device that allows the trap springs to extend outside the device shall be no more than 71/2 inches wide and a height of no more than 11/2 inches; and
11. The trap shall be anchored outside of the device.

N.H. Admin. Code § Fis 303.12

#8105, INTERIM, eff 7-1-04, EXPIRED: 12-28-04

New. #8250, eff 1-6-05; (renumbered by #9163, formerly Fis 303.16); ss by #10142, eff 6-5-12; ss by #10347, eff 5-22-13

Amended byVolume XXXIV Number 24, Filed June 12, 2014, Proposed by #10619, Effective 6/2/2014, Expires6/2/2024.
Amended by Number 24, Filed June 13, 2024, Proposed by #13970, Effective 6/1/2024, Expires 6/1/2034.