N.H. Admin. Code § Fis 307.05

Current through Register No. 41, October 10, 2024
Section Fis 307.05 - Baiting Wildlife on State-Owned or Managed Lands
(a) A person may bait wildlife in accordance with RSA 207:3-d, Fis 307.01, Fis 307.02, and Fis 307.03 on lands assigned to or managed by the department, including:
(1) Property of the fish and game department;
(2) Property of the department of natural and cultural resources, division of state parks and division of state forests;
(3) Property of the department of transportation;
(4) Property of the department of environmental services, division of water;
(5) Federal property such as the White Mountain National Forest (WMNF); and
(6) Private property for which the fish and game department has authorization to issue permits to bait wildlife only after the applicant obtains permission in writing to do so from the fish and game department.
(b) The maximum number of active bait sites for private and commercial use on state owned and managed lands and other lands combined shall be as described in Fis 307.01(i), except:
(1) No person shall engage in the act of baiting furbearing or game animals, with the exception of gray squirrel, at more than 2 bait sites on state owned or managed lands within any individual WMU;
(2) Licensed New Hampshire hunting guides may be allowed up to 3 active bait sites for commercial use on state owned or managed lands within any individual WMU; and
(3) No person, to include licensed New Hampshire hunting guides, shall have more than one active bait site within an individual trapping unit as described in Fis 303.13(c).
(c) Each year, baiting permits shall be awarded on state owned or state managed lands for which the department has authority to award such permits on a first come-first served basis, by postmark or hand delivered, except for the Connecticut Lakes Headwaters Forest (CLHF), as provided by paragraph (k) below.
(d) Applicants for a baiting permit on state owned and managed lands shall make application on a "Permit to Bait Wildlife" form provided by the department as described in Fis 1102.04.
(e) Permit applications to bait furbearing animals or game animals, with the exception of gray squirrel, on state owned and managed lands shall be accepted at any time, except:
(1) Applicants may apply beginning December 1 for permits to bait coyote for the year following to be effective from January 1 to December 31 of the year following;
(2) Permit applications for baiting bear and deer shall not be considered unless received by the department or are postmarked between the first Monday in June and the first Monday in August; and
(3) Permits to bait bear shall be issued by the executive director or designated agents after the application deadlines in subparagraph (2) above as necessary to assist in addressing bear conflict issues, to be effective on the date of issuance for the period set forth in the permit, not to exceed 60 days.
(f) Applicants for award of baiting permits on state owned or managed lands shall submit one copy of the application to the:

N.H. Fish and Game Department

Law Enforcement Division

11 Hazen Drive

Concord, NH 03301

and shall include a topographic map or copy thereof showing the specific location of said bait site.

(g) Permits awarded to bait wildlife on state owned or managed lands shall become effective on the first day of legal baiting of the year of issuance of the permit and shall be valid for the baiting season in that calendar year except as provided by paragraphs (e)(1) and (e)(3) above.
(h) In addition to the rules specified in Fis 307.01, the following rules for baiting wildlife on state owned or managed lands shall apply:
(1) Non-edible or non-digestible materials shall not be used as bait;
(2) Containers used to hold bait, such as barrels, plastic bags, pails, and boxes, and any bait material shall be removed from the property by the end of the open season for taking the species by the use of bait or upon expiration of the permit, whichever occurs first;
(3) No person shall erect, build, or use a tree stand or observation blind that damages or destroys a tree by inserting into the tree any metallic, ceramic, or other object used as part of a ladder or observation deck nor shall any person cut any tree in connection with any of the activities regulated under this section;
(4) All temporary blinds, platforms, or other structures shall be removed from the property when the permit expires;
(5) No baits shall be placed within 300 feet of a dwelling, roadway, pathway, trail, or designated campsites; and
(6) Permittees shall comply with Fis 307.01(m).
(i) Failure to comply with these rules shall, after notice and opportunity for a hearing in accordance with Fis 200, result in permit revocation and no issuance of a permit for one year. Persons subject to permit revocation may appeal said revocation by requesting, in writing to the executive director, a hearing in accordance with Fis 200.
(j) A permit to bait wildlife on state owned or managed lands shall be valid for a single permittee only and shall have only that permittee's name entered on the permit.
(k) Up to 50 permits to bait bear and up to 20 permits to bait other species on the Connecticut Lakes Headwaters Forest (CLHF) shall be awarded by lottery as follows:
(1) Baiting permits on the CLHF shall be issued on the basis of 11 CLHF trapping units described in Fis 303.13;
(2) A maximum of 7 bait sites, with no more than 5 bear bait sites and 2 bait sites for all other species, shall be permitted on any one trapping unit in the CLHF;
(3) No person shall be permitted more than one bait site on the CLHF in a calendar year, except a licensed N.H. hunting guide may be permitted up to 3 bait sites on the CLHF but shall not have more than one bait site per trapping unit in a calendar year;
(4) Applicants for the CLHF baiting permit lottery shall complete the "Lottery Application to Bait Wildlife on the Connecticut Lakes Headwaters Forest (CLHF)" form supplied by the department by providing the following information:
a. The date of application;
b. Name of the applicant;
c. Mailing address of the applicant;
d. Date of birth of the applicant;
e. Telephone number of the applicant;
f. If a licensed N.H. hunting guide, his or her current guide's license number and an indication of whether or not they were issued bear guide tags for the current year as described in Fis 1102.06;
g. A ranking of CLHF trapping unit preferences; and
h. The species, meaning bear, deer, or coyote, for which the applicant wishes to bait for in each trapping unit;
(5) Each lottery application for the CLHF lottery shall be for a single person or licensed N.H. hunting guide and shall be non-transferable;
(6) No person shall submit more than one application except licensed N.H. hunting guides may submit up to a maximum of 3 applications;
(7) Lottery applications shall be submitted to the:

New Hampshire Fish and Game Department

Wildlife Division

11 Hazen Drive

Concord, N.H. 03301

(8) Lottery applications may be submitted beginning the first Monday in April and shall be received at that location by 4:00 pm on the first Friday in May or postmarked no later than midnight on the fourth Wednesday in April;
(9) Illegible applications and incomplete applications shall be returned and not considered, however, corrected applications may be resubmitted prior to the deadlines specified in subparagraph (8) above;
(10) The lottery for permits to bait bear and other species on the CLHF shall be held on or before the 12th day following the close of the application period as specified in subparagraph (8) above and be based on random computer selection of applications at the fish and game headquarters office in Concord;
(11) Based on the order of selection, applicants shall be offered a baiting permit(s) as follows:
a. Applicants shall be offered a baiting permit(s) for bear or other species for the highest ranked trapping unit(s) indicated on their application(s) that have not been previously filled;
b. Selection of applicants shall continue until all species-specific baiting opportunities in all trapping units have been filled or no more eligible applicants are available;
c. Successful applicants shall be notified by mail within 7 working days of the trapping unit and species baiting opportunities awarded them;
d. Successful CLHF lottery applicants shall complete and submit an application for a permit to bait wildlife on state owned and managed lands in accordance with paragraphs (d), (e), and (f) above for each trapping unit and species opportunity awarded them in the lottery, noting on the form that the application for a permit to bait wildlife is for a site awarded in the CLHF lottery and providing the CLHF trapping unit number in which the site is located; and
e. Following the lottery, any baiting permits as specified in this paragraph not issued in the lottery by species and trapping unit shall be distributed on a first come-first served basis at the fish and game region one office in Lancaster; and
(12) Baiting on the CLHF shall be in compliance with RSA 207:3-d, Fis 307.01, Fis 307.02, and Fis 307.03.

N.H. Admin. Code § Fis 307.05

Amended byVolume XXXIV Number 24, Filed June 12, 2014, Proposed by #10619, Effective 6/2/2014, Expires6/2/2024.
Amended by Volume XXXVI Number 23, Filed June 9, 2016, Proposed by #11114, Effective 6/3/2016, Expires 6/3/2026.
Amended by Volume XXXVIII Number 32, Filed August 9, 2018, Proposed by #12591, Effective 7/25/2018, Expires 7/25/2028.
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.