CHAPTER Fis 900 RULES FOR LANDS AND WATERS UNDER DEPARTMENT CONTROL

PART Fis 901 AREAS AFFECTED

Fis 901.01 Department Controlled Lands. The department shall maintain a list of department-controlled lands on its website at https://www.wildlife.nh.gov/sites/g/files/ehbemt746/files/documents/wma-rules-list.pdf which shall be subject to Fis 900.

Source. #1670, eff l1-20-80; ss by #2079, eff 7-5-82-; amd by #2185, eff 11-28-82; ss by #2839, eff 8-31-84; ss by #4934, eff 9-19-90; ss by #6332, INTERIM, eff 9-4-96, EXPIRED: 1-2-97

New. #6765, eff 6-15-98; ss by #8505, eff 12-7-05; amd by #8795, eff 1-11-07; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36

PART Fis 902 USE OF DEPARTMENT CONTROLLED LANDS

Fis 902.01 Definitions.

(a) “Agriculture” means:

(1) The cultivation, conservation, or tillage of the soil;

(2) The application of soil amendments as allowed pursuant to the IPM policy; or

(3) The application of agricultural chemicals pursuant to the IPM policy.

This term includes “farming.”

(b) “Airsoft” means a team-based shooting game in which participants eliminate opposing players by shooting them with spherical plastic projectiles shot from airsoft guns.

(d) “Authorized personnel” means the executive director, conservation law officers, and fish and game department personnel authorized to make decisions on behalf of the executive director.

(e) “Bicycle” means “bicycle” as defined in RSA 259:6.

(f) “Earthcaching” means a type of geocache activity that directs participants to a special geological location.

(g) “Game camera” means “game camera” as defined in RSA 207:1, XI-a. The term also includes “trail camera”.

(h) “Geocaching” means an outdoor recreational activity whereby participants use navigational tools to hide and search for a container that is placed in a publicly accessible location.

(i) “Integrated pest management” (IPM) means “integrated pest management” as defined in RSA 430:50, I.

(j) “Letterboxing” means an outdoor recreational activity whereby participants use clues to hide and search for a box that is placed in a publicly accessible place.

(k) “Off highway recreational vehicle (OHRV)” means “off highway recreational vehicle” as defined in RSA 215-A:1, VI.

(l) “Organized event” means an event published as open for attendance or, if by invitation only, is planned to have an attendance greater than 10 people.

(m) “Paintball” means a game in which participants simulate military combat using air guns to shoot capsules of paint at each other.

(n) “Snowmobile” means “snowmobile” as defined in RSA 215-C:1, XV.

(o) “Special use” means any event, activity, or use that is outside of the purposes for which the property was acquired or beyond the routine recreational use of a specific property, or an event, activity, or use requiring a permit under Fis 902.03.

(p) “Unmanned aerial vehicle (UAV)” means “unmanned aerial vehicle” as defined in RSA 207:57, I-a.

(q) “Vehicle” means any automobile, truck, or motorcycle.

(r) “Walking disability” means “walking disability” as defined in RSA 261:88, I(c).

Source. #1670, eff l1-20-80; ss by #2079, eff 7-5-82-; ss by #2839, eff 8-31-84; ss by #4934, eff 9-19-90; ss by #6332, INTERIM, eff 9-4-96, EXPIRED: 1-2-97

New. #6765, eff 6-15-98; ss by #8505, eff 12-7-05; amd by #8795, eff 1-11-07; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36

Fis 902.02 Standards Applicable to All Department Controlled Lands.

(a) This section shall not apply to authorized personnel, their agents, or contractors while in performance of their duties. This chapter shall apply to all department controlled lands, unless otherwise specified in Fis 903, Fis 904, or Fis 906.

(b) All activities undertaken on department controlled lands shall be at the sole risk of the person or persons engaged in the activity, pursuant to RSA 212:34, VIII.

(1) The taking of wildlife and fish shall be permitted during the open seasons, in accordance with the statutes under Title 18, and Fis 300, Fis 400, Fis 600, Fis 800, Fis 1200, and Fis 1400;

(2) The lands and waters shall be open to the public year round for the purpose of activities, such as birding, hiking, and wildlife observation, that do not have an adverse impact on the environment as described in Fis 902.03(d), unless posted otherwise or as restricted for specific Wildlife Management Areas by Fis 903;

(3) Guiding as allowed pursuant to RSA 215 and Fis 1300;

(4) Watercraft may be left overnight, except as prohibited for specific properties and provided that:

a. The watercraft shall be present only between April 1 and November 15;

b. The watercraft shall be permanently identified by a current New Hampshire boat registration number or the owner's name and address affixed to the craft; and

c. All watercraft present after November 15 shall be subject to removal and disposal, pursuant to RSA 471-C:14. In the event the value of the craft exceeds $250.00, the matter shall be referred to the office of the attorney general, seeking assistance to obtain appropriate legal relief against the apparent owner of the craft;

(5) Decoys for the purpose of waterfowl hunting shall be deployed so that the user maintains contact with unaided eyesight and shall not be left unattended;

(6) Portable or temporary tree stands or observation or hunting blinds shall be erected only in accordance with RSA 207:36-a, VI;

(7) Unless otherwise posted, the maximum speed limit on land shall be 45 miles per hour for a snowmobile and 35 miles per hour for an OHRV;

(8) Game cameras shall be permitted on department controlled lands, pursuant to RSA 207:63; and

(9) Horses and bicycles shall be permitted on management access roads only, unless otherwise posted.

(d) The following activities shall be prohibited:

(1) Entering department controlled lands or portions of department controlled lands that are closed or restricted to public access;

(2) Pitching a tent, emplacing or erecting any camping device, or sleeping on the ground or in any type of vehicle overnight;

(3) Consuming or possessing any open container of liquor or alcoholic beverage, as defined by RSA 175:1, VIII;

(4) Constructing a permanent structure, including a permanent tree stand, observation or hunting blind, rope swings, or diving platforms;

(5) Discharging a firearm or archery equipment except while lawfully engaged in hunting or trapping activities during approved seasons, unless permitted by special use permit issued in accordance with Fis 902.03;

(6) Paintball and airsoft activities and the discharge of air guns;

(7) Blocking or obstructing pedestrian or vehicular ingress or egress access;

(8) Conducting any form of solicitation, canvassing, non-profit activity, or other business for commercial, political, or private gain, including attaching, affixing, or mounting any commercial or private numerals, notice, or advertisement of any description to a department kiosk, gate, tree, or any other stationary object;

(9) Igniting a fire, fireworks, or other pyrotechnic devices;

(10) Removing, damaging, or disturbing any vegetation, except when harvesting, for personal consumption, edible wild fruit, berries, fungi, or nuts;

(11) Feeding or baiting wildlife at any time, except as allowed by Fis 307;

(12) Altering the existing condition of the site by:

a. Adding or altering any structure;

b. Changing the flow of stormwater drainage;

c. Building cairns or other stone structures; or

d. Digging or otherwise disturbing ground surfaces; and

(13) Withdrawing or discharging water from department controlled lands for commercial or personal use, except when in the conduct of federal, state, county, or municipal public safety training or emergency operations.

(e) The following activities shall be prohibited, unless permitted with a special use permit issued in accordance with Fis 902.03:

(1) The use of OHRVs and snowmobiles, except:

a. On frozen state-owned public waters, as described in RSA 271:20; or

b. On trails approved by the executive director and the department of natural and cultural resources, pursuant to RSA 215-A:42;

(2) Holding organized equestrian, bicycle, and snowmobile, or other rider events with greater than 10 people;

(3) Placing objects for the purpose of geocaching or letterboxing or developing or posting an earthcache or other virtual cache;

(4) Defacing, exploring with hand tools or mechanized equipment, collecting, removing, destroying, or otherwise damaging in any manner any rock, soil, fossil, or mineral;

(5) Conducting any other organized activity with greater than 10 people;

(6) Conducting or causing to be conducted any field investigation, including the use of metal detection or ground penetrating radar equipment, that could discover, yield, or alter a known or previously unrecorded historic resource, even if in receipt of a permit for such investigation issued in accordance with RSA 227-C:7; and

(7) Operating a UAV or remotely-controlled floating or submersible device, except by certified operator acting in conjunction with federal, state, county, or municipal public safety emergency operations.

Source. #1670, eff l1-20-80; ss by #2079, eff 7-5-82-; ss by #2433, eff 7-21-83; ss by #2839, eff 8-31-84; ss by #4934, eff 9-19-90; ss by #6332, INTERIM, eff 9-4-96, EXPIRED: 1-2-97

New. #6765, eff 6-15-98; ss by #8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36

Fis 902.03 Special Use Permits (SUP).

(a) Persons seeking a SUP shall submit a request in writing to the executive director including the following information:

(1) The person’s name, address, phone number, e-mail, or, if the person is acting on behalf of an organization, include the organization’s complete contact information and website, if applicable, and the name of the primary contact person;

(2) The name of the department controlled land or public boat access area and the town where the activity is proposed to take place; and

(3) A detailed plan or description of the proposed activity, including:

a. Date(s), time(s), and duration(s) of use;

b. A detailed map(s) of the property and specific area showing the location of the proposed activity;

c. A description of any equipment, materials, or supplies needed for the proposed activity and the extent of its intended use; and

d. The total number of participants or, if the request is for an event, an estimate of the number of people expected to participate.

(b) The executive director, or designee, shall review the request for completeness and shall convey a written request for any additional information within 30 days of receipt of the request.

(c) A SUP request shall not be further evaluated until sufficient information has been received to enable a finding that the request is complete.

(d) The executive director or designee shall issue a SUP, in accordance with RSA 541-A:29, when the proposed activity does not interfere with, pose a risk to, or otherwise adversely impact:

(1) The purpose for which the land was acquired, developed, or managed by the department;

(2) Federal or state endangered or threatened species, as listed in Fis 1001, or species or natural communities listed in the natural heritage bureau inventory database;

(3) Species of greatest conservation need or their habitats, as identified in the department’s state wildlife action plan in accordance with to Pub. L. N. 106-408, 114 Stat. 1762 (2000);

(4) Any native fish, wildlife, or their habitats, based upon input from authorized personnel or reviews from state or federal agencies with jurisdiction over the location or use;

(5) Floodplains, wetlands, shorelands, or public waters of the United States;

(6) Known historic resources, as defined at RSA 227-C:1, VII;

(7) Roads, trails, infrastructure, or facilities; or

(8) Public health or safety, based upon concerns over traffic, vehicular parking, or the ability of the property to safely accommodate the estimated number of users at the specific location.

(e) Specific limitations and conditions shall be placed upon a SUP at the discretion of the executive director, in consideration of the criteria in paragraph (d) above or other factors unique to the special use request.

(f) In addition to a permit issued in accordance with Fis 814.02, field trials shall require a SUP and shall only be permitted on:

(1) Cascade Marsh Wildlife Management Area (WMA), Sutton;

(2) Conner Farm WMA, Exeter;

(3) Fort Hill WMA, Stratford;

(4) Glover Farm WMA, Dummer;

(5) Lower Shaker WMA, Enfield;

(6) Pearly Lake WMA, Rindge; and

(7) Pinchard WMA, Mont Vernon.

(g) The executive director reserves the right to cancel any SUP at any time when new or previously unknown information relative to the criteria in paragraph (d) above is discovered.

Source. #10262, eff 1-29-13; ss by #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36

Fis 902.04 Special Use Permits for Walking Disabilities. SUPs shall be issued for the operation of an OHRV or snowmobile to enable individuals with documented permanent walking disabilities to access department-controlled lands, subject to the following conditions:

(a) An applicant for a SUP shall furnish the director with satisfactory proof of a walking disability, in accordance with RSA 261:88, III;

(b) An applicant shall be free of fish and game convictions for at least 5 preceding years;

(c) Permits shall have a start date and expiration date and shall specify areas that can be accessed by the OHRV or snowmobile;

(d) Permits shall include the type of the vehicle to be used and the vehicle shall be legally registered;

(e) Passengers in or on the OHRV or snowmobile that are not named in the SUP shall be prohibited;

(f) If the permittee is unable to operate an OHRV or snowmobile due to the disability, a single driver shall be designated as operator in the permit;

(g) Only equipment that is the personal property of the permittee or designated driver shall be transported into the location by the OHRV or snowmobile; and

(h) The locations where the OHRV or snowmobile may be used shall be limited pursuant to Fis 902.03(d) to protect animals or plants at the site from damage, or to prevent harm to water quality from erosion or other impacts.

Source. #14495, eff 1-27-26, EXPIRES: 1-27-36

Fis 902.05 Dogs and Other Animals.

(a) No person shall cause or permit any animal owned, controlled, or in their custody to be on any department controlled lands, unless such animal is caged, restrained on a physical tether or leash, or controlled by the animal’s owner or handler through an electronic collar.

(b) Dog training, in accordance with RSA 207:12-a, shall be prohibited from April 1 through July 31.

(c) Call back pens shall be used only during daylight hours. All pens shall be labeled with the owner's name and address.

(d) Any animal feces shall be immediately collected by the person who has custody or control of the animal and shall be disposed of properly by that person outside the boundaries of department controlled lands.

(e) The provisions of paragraphs (a) and (d) above shall not apply to any dogs on department controlled lands for the purposes of hunting, tracking, field trials, permitted dog training in accordance with RSA 207:12-a, law enforcement, or search and rescue activities.

Source. #10262, eff 1-29-13 (from Fis 902.02); ss by #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36 (formerly Fis 902.04)

Fis 902.06 Agricultural Leases.

(a) Farming on land owned or controlled by the department shall be prohibited unless:

(1) An agricultural lease agreement is approved in advance by the executive director; and

(2) An agricultural lease agreement is approved by the governor and executive council when required by RSA 212:10-b.

(b) The executive director shall approve an agricultural lease, at their discretion, when:

(1) The property has previously been or is currently used for agriculture or farming, and:

a. If a WMA is currently used for agriculture or farming when acquired by the department, the executive director is authorized to offer the existing farmer the right of first refusal; or

b. When fields are not offered to or are declined by an existing farmer, the executive director is authorized to solicit proposals from the public, pursuant to paragraph (c) below;

(2) Farming activities shall not adversely impact habitat, ecological resources, or native wildlife; and;

(3) Farming activities shall not restrict public access or public use at any time.

(1) The executive director or designee shall define the boundaries of allowed farming within the WMA; and

(2) Proposals shall be submitted in writing and include the following:

a. Name, address, phone number, and email address, if applicable, of farmer;

b. Proposed 10-year crop rotation plan, including:

1. Crop types and number of years for each crop, including cover crops, if applicable;

2. Intended seed brands and varieties to be used, which shall adhere to the department’s IPM policy;

3. Intended soil amendments and pesticides to be used, if any, and how often they would be applied; and

4. Intended planting equipment and timing of planting and harvesting. Forage harvests shall adhere to mowing restriction dates as defined in the lease;

c. A list of past contracts or agreements with the department, other state or federal agencies, or private entities, if any, including name and phone number of primary contacts; and

d. The compensation proposed.

(d) The executive director shall evaluate proposals to ensure:

(1) Management techniques fulfill the department’s goals and objectives for habitat and species

management and do not pose significant threats to abutting waterbodies, species of concern, or critical habitats;

(2) Proposed crop type(s) are either a hay crop or a grain crop only;

(3) Previous contracts or agreements, if any, were successfully completed; and

(4) The compensation offered is appropriately relevant to the proposed use and the proposed WMA.

(e) Agricultural leases shall not exceed 10 years.

(f) Leases shall be renewed solely at the executive director’s discretion considering the requirements in this section and the farmer’s compliance with the terms of the agricultural lease.

(g) The executive director shall be authorized to discontinue or reduce farming acreage on a WMA, after notice to the farmer, for projects to support the department’s mission, to include:

(1) River, stream, or wetland buffers;

(2) Habitat restoration;

(3) Protection of threatened and endangered species or species of special concern; or

(4) Public access projects.

(h) Agricultural leases shall not be transferred or subleased.

(i) Except when expressly permitted by the executive director, any other activities shall be prohibited under an agricultural lease.

Source. #14495, eff 1-27-26, EXPIRES: 1-27-36

PART Fis 903 RULES APPLICABLE TO PARTICULAR WILDLIFE MANAGEMENT AREAS (WMAs)

Fis 903.01 Adams Point WMA. Adams Point WMA in Durham shall be subject to the following provisions:

(a) No parking shall be permitted on the entrance road;

(b) The speed limit within the area shall be 20 mph; and

Source. #1670, eff l1-20-80; ss by #2079, eff 7-5-82-; ss by #2839, eff 8-31-84; amd by #4334, eff 10-1-88; ss by #4934, eff 9-19-90; ss by #6332, INTERIM, eff 9-4-96, EXPIRED: 1-2-97

New. #6765, eff 6-15-98; ss by #8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36

Fis 903.02 Webster WMA. Webster WMA in Canaan shall be subject to the following deed restrictions:

(a) Hunting shall only be permitted with bow and arrow, muzzle loader, or shotgun; and

(b) Shooting within 300 yards of U.S. Highway Route 4 shall not be permitted.

Source. #1670, eff l1-20-80; ss by #2079, eff 7-5-82-; ss by #2839, eff 8-31-84; ss by #4934, eff 9-19-90; ss by #6332, INTERIM, eff 9-4-96, EXPIRED: 1-2-97

New. #6765, eff 6-15-98; ss by #8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36

Fis 903.03 Chadwick Meadows Marsh WMA. Chadwick Meadows Marsh WMA in Sutton shall be subject to the following deed restrictions:

(a) Deer may be taken by bow and arrow only, in accordance with the provisions of Fis 301.03;

and

(b) All other hunting shall be limited to the use of a shotgun with shot not larger than number 4 or bow and arrow.

Source. #1670, eff l1-20-80; ss by #2079, eff 7-5-82-; ss by #2839, eff 8-31-84; ss by #4934, eff 9-19-90; ss by #6332, INTERIM, eff 9-4-96, EXPIRED: 1-2-97

New. #6765, eff 6-15-98; ss by #8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36

Fis 903.04 Ellis Hatch, Jr. WMA. Ellis Hatch, Jr. WMA in Middleton, Brookfield, and New Durham shall be subject to the following provisions:

(a) All outboard motors shall be prohibited on Jones Pond; and

(b) No boats shall be left overnight.

Source. #2185, eff 11-28-82; ss by #2839, eff 8-31-84; ss by #4934, eff 9-19-90; ss by #6332, INTERIM, eff 9-4-96, EXPIRED: 1-2-97

New. #6765, eff 6-15-98; ss by #8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36

Fis 903.05 Wilcox Point WMA. Wilcox Point WMA in Durham shall be closed to the public from December 1 through April 1.

Source. #8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36

Fis 903.06 Piscassic River WMA. The Piscassic River WMA in Exeter and Newfields shall be subject to the following deed restrictions:

(a) Horseback riding shall be prohibited; and

(b) Bicycle riding shall be prohibited.

Source. #8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36

Fis 903.07 Brackett Brook WMA. No boats shall be left overnight on Brackett Brook WMA in Greenland.

Source. #14495, eff 1-27-26, EXPIRES: 1-27-36

Fis 903.08 Crommett Creek WMA. No boats shall be left overnight on Crommett Creek WMA in Durham and Newmarket.

Source. #14495, eff 1-27-26, EXPIRES: 1-27-36

Fis 903.09 Connecticut Lakes Natural Area. The following public uses of the Connecticut Lakes Natural Area(CLNA), in Pittsburg and Clarksville, shall be subject to the following deed restrictions:

(a) Residential, industrial, or commercial activities, except for guiding associated with hunting, trapping, fishing, nature tours, and associated activities;

(b) Placing or constructing structures, buildings, or improvements, except as authorized pursuant to RSA 212:10-a;

(d) Planting or the intentional introduction of non-native, genetically modified, transgenic, or replicated plants or other organisms;

(e) Stocking or introducing fish of any species into the waters of the CLNA, except for the stocking of brook trout (Salvelinus fontinalis) by the department in East Inlet, Scott’s Bog, Wright Pond, and the Perry Ponds;

(f) Use of fertilizers, pesticides, or biocides;

(g) Dumping or storage of ash, trash, man-made materials, hazardous substances, or toxic waste;

(h) Dredging, filling, roadwork, or changes in topography;

(i) The use of any type of mechanized or motor driven vehicle, except that snowmobiles may be used on designated roads and trails, and wheeled vehicles, other than all OHRVS, may be used on the roads designated as open to wheeled vehicles;

(j) Camping; and

(k) Hunting of wildlife by baiting.

Source. #8795, eff 1-11-07; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36 (formerly Fis 903.07)

PART Fis 904 OWL BROOK HUNTER EDUCATION CENTER

Fis 904.01 Owl Brook Hunter Education Center.

There shall be no hunting in the portion of Owl Brook Hunter Education Center’s training area, as depicted on the map found on the department’s website at

https://experience.arcgis.com/experience/a7234b596c6b400a96252c8fb7e8f4b0, and includes:

(1) The administration and classroom building;

(2) The practice archery range, small-bore muzzleloader range, and shotgun range;

(3) The trapper and hunter education demonstration areas;

(4) The trapper and hunter education interpretive trails;

(5) The orienteering course; and

(6) The 14-target woodland archery course.

(b) The remainder of the Owl Brook Hunter Education Center property not listed in (a) above, including the 270-acre section near Mount Prospect, shall be open to the taking of fish and wildlife during the open seasons, in accordance with the statutes under Title 18 and Fis 300, Fis 400, Fis 800, Fis 1200, and Fis 1400.

(c) No pets shall be in those areas described in (a) above, except those that are there in conjunction with an activity going on.

(d) Bicycles, horses, unauthorized motor vehicles, OHRVs, and snowmobiles shall be prohibited from using the internal road system and the areas listed in (a) above unless permitted by a special use permit in accordance with Fis 902.03.

(e) Department activities conducted at any of these sites shall have priority over other use of the area.

(f) All activities utilizing the classroom, office building, small-bore range, and shotgun range shall be approved by and scheduled with the center’s facility manager before they may be conducted.

Source. #8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36

Fis 904.02 Firearms Shooting Ranges.

(a) The small bore, muzzleloader, and shotgun ranges shall be for the sole use of sanctioned and supervised shooting activities conducted by the department’s hunter education program or other department activities.

(b) Only factory loaded ammunition shall be used on the small-bore and shotgun range.

(d) Shotgun ammunition shall be restricted to pellets no larger in size than number 6.

(e) Only biodegradable targets shall be used on the shotgun range.

(f) No center-fire rifles shall be used on the small-bore range.

(g) Only firearms chambered for rimfire ammunition, center-fire handguns, muzzleloaders, and shotguns firing a single projectile shall be permitted.

(h) Fully jacketed, armor piercing, steel core, and tracer ammunition shall be prohibited from use on the small-bore range.

(i) Only paper targets or other targets specified by authorized personnel shall be used on the small-bore range.

Source. #8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36

Fis 904.03 Practice Archery Range.

(a) The practice archery range shall be open from ½ hour before sunrise to ½ hour after sunset from May through November.

(b) The vehicle parking area shall be open for use by the public during normal center operating hours, except when reserved for scheduled activities.

Source. #8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36

Fis 904.04 Woodland Archery Course.

(a) The woodland archery course and its parking area shall be open daily from ½ hour before sunrise to ½ hour after sunset.

(b) No person shall use broadhead tipped arrows or bolts on the woodland archery course.

Source. #8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17

PART Fis 905 MEMORIAL POLICY ON LANDS AND WATERS UNDER DEPARTMENT CONTROL

Fis 905.01 Memorial Policy Definitions.

(a) “Memorial” means any statue, monument, sculpture, bench, tablet, memorial, plaque, or other structure or landscape feature, including a tree, garden, or memorial grove, designed to perpetuate, in a permanent manner, the memory of a person, group, or event. The term “memorial” also includes the naming of structures or other features, including features within the interior of buildings.

(b) “Commemorate” means the process of remembrance, showing respect for someone or something by means of a ceremony, or by doing or building something in remembrance of a person or an event.

Source. #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36

Fis 905.02 Memorials.

(a) The installation of memorials or other commemorative items on land owned or controlled by the department, including public boat access areas, shall be prohibited unless:

(1) The form, location, and materials used are approved in advance by the executive director; and

(2) The receipt of the commemorative items are approved by the governor and executive council when required by RSA 4:8, I or the fish and game commission when required by RSA 206:33-a.

(b) The donation of memorials or other commemorative items shall be submitted for approval to the fish and game commission pursuant to RSA 206:33-a, I if the value of the item(s) is no more than $2,500.00.

(c) The donation of memorials or other commemorative items shall be submitted for approval to the governor and executive council, pursuant to RSA 4:8, I, if the value of the item(s) exceeds $2,500.00.

(d) A special use permit shall be required for the scattering of human or animal ashes from cremation on land owned or controlled by the department, provided that no bones, teeth, or any other identifiable human remains shall be so deposited.

(e) A special use permit shall be required for any ceremony connected to the installation of a memorial that involves 15 or more persons, or that involves alteration of a department facility or alteration of the landscape of department property.

(f) Memorials installed on department lands without the required authorizations shall be removed by the executive director or designee, and disposed of pursuant to RSA 471-C:14. In the event the value of the memorial exceeds $250.00, the matter shall be referred to the office of the attorney general seeking assistance to obtain appropriate legal relief against the apparent owner of the memorial.

Source. #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36

Fis 905.03 Authorization for Memorials.

(a) No memorial shall be authorized in honor of a person unless at least 2 years have elapsed since the death of the person to be commemorated.

(b) The executive director shall authorize a memorial when:

(1) There is compelling justification for the recognition; and

(2) The proposed memorial is consistent with the department’s mission of conserving, managing, and protecting fish, wildlife, and marine resources and habitats, informing and educating the public about these resources, and providing the public with opportunities to use and appreciate these resources.

(c) A person seeking to install a memorial on property owned or controlled by the department shall submit a request in writing to the executive director, providing the following information:

(1) The name of the person making the request, together with address and contact information;

(2) A description of the proposed memorial, including size, material, and inscription;

(3) A plan showing the memorial’s proposed location; and

(4) Justification for the memorial, including:

a. How the memorial is consistent with the department’s mission;

b. The association between the land area or facility and the person, group, or event to be commemorated; and

c. How the memorial enhances the public’s appreciation of the land, facility, or natural resources.

(d) The executive director shall apply the following factors in making the determination whether to authorize the installation of a memorial:

(1) The association of state-wide importance between the land area or facility and the person, group, or event to be commemorated;

(2) Whether the location and design of the memorial avoids significant disturbance of natural features of the site;

(3) Whether the memorial will be constructed of materials suitable for and consistent with the local environment;

(4) Whether the memorial will interfere with open space and existing public use; and

(5) Whether the memorial design is aesthetically appropriate to the site.

(e) The person requesting the memorial shall be responsible for the cost of procuring and installing the memorial.

Source. #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36

PART Fis 906 GLENN COVE AND GREAT BAY DISCOVERY CENTER EDUCATION CENTERS

Fis 906.01 Glenn Cove and Great Bay Discovery Center Education Centers.

(a) All activities undertaken on Glenn Cove and Great Bay Discovery Center shall be at the sole risk of the person or persons engaged in the activity, pursuant to RSA 212:34, VIII.

(b) Hunting and trapping shall be prohibited, except waterfowl hunting from the shoreline is permitted.

(c) Dogs shall be prohibited at the Great Bay Discovery Center, except at the boat launch area where dogs shall be leashed at all times.

(d) Smoking and vaping shall be prohibited.

(e) No boats shall be left overnight.

(f) The following activities shall require a SUP, in accordance with Fis 902.03:

(1) Geocaching, letterboxing, and earthcaching;

(2) The raising and use of outdoor canopy tents; and

(3) The day use of food trucks or other food vendors.

(g) The following activities shall be permitted without a special use permit when associated with an organized event or activity by department personnel while acting in the performance of their duties:

(1) Events or meetings of greater than 10 people;

(2) Camping, campfires, and overnight stay by groups;

(3) Possession and consumption of alcoholic beverages;

(4) The day use of food trucks or other food vendors; and

(5) The raising and use of outdoor canopy tents.

(h) The following shall apply to the picnic pavilions:

(1) Any form of commercial or non-profit activity or business conducted at a picnic pavilion shall be prohibited, unless allowed with a SUP issued in accordance with Fis 902.03;

(2) Picnic pavilions shall be accessible for use unless posted as closed or restricted to public access;

(3) Public use shall be first-come, first-served, unless reserved pursuant to subparagraph (5) below;

(4) Events or activities organized by department personnel in performance of their duties shall take precedence over public use;

(5) The reservation of picnic pavilions shall:

a. Be required for groups of greater than 10 people;

b. Be limited to groups not greater than 30 people; and

c. Be reserved at least one week, but not greater than 3 weeks, in advance;

(6) Picnic pavilions shall be carry in-carry out facilities. All persons shall remove trash and personal items and dispose of them outside of the education center grounds;

(7) If any animal, including a service animal, becomes objectionable to other patrons or other animals, or causes or acts in a manner that might cause or contribute to damage or hazard to patrons, property, or department resources, or is considered to be a menace, nuisance, or vicious, in accordance with RSA 466:31, II and as determined by department personnel, the owner of the animal shall immediately remove the animal from the property at the request of department personnel; and

(8) Any person violating any rule contained in this chapter shall leave immediately at the request of department personnel.

(i) The following shall apply to the Glenn Cove Farmhouse and the Hugh Gregg Coastal Conservation Center:

(1) Facilities shall be available for use by coastal science, education, and conservation organizations by request to the department;

(2) Events or activities shall be approved and scheduled by department personnel before they can be conducted;

(3) Events or activities, when organized by department personnel while acting in performance of their duties, shall take precedent over public use; and

(4) Guests of the Glenn Cove Farmhouse shall sign a housing agreement as provided by the department.

Source. #14495, eff 1-27-26, EXPIRES: 1-27-36

APPENDIX

Rule	Specific State Statute the Rule Implements

Fis 901–906	RSA 206:10, I; RSA 212:19