N.H. Admin. Code § Fis 1802.01

Current through Register No. 50, December 12, 2024

Section Fis 1802.01 - Action Upon Court Notification

(a) The executive director or his designee shall receive, pursuant to RSA 206:34 and RSA 214:18-b records from any court of the disposition of charges alleging a violation of a provision of NH RSA Title XVIII, RSA 163-B, RSA 635:2, any rule of the department, or a similar offense in any other state.

(b) Pursuant to RSA 206:10-a, records of court dispositions shall be maintained by the department for the following periods of time:

(1) Violation level offenses provided that no subsequent conviction of the same person could result in an enhanced penalty, 7 years from the date of the final disposition of the matter;

(2) Violation level offenses for which a subsequent conviction of the same person could result in an enhanced penalty, misdemeanor and felony level offenses, permanent retention.

(c) Upon notice of a court conviction or that the alleged offender is in default of court process, the executive director shall suspend the person's license, registration, or permit issued by the department.

(d) Pursuant to RSA 214:19-a, an appeal of a conviction through a court process shall not stay the entry of a suspension of license under this rule.

(e) The applicable license or permit shall be suspended for a period of one year measured from the date of court conviction unless:

(1) A different period is mandated by statute;

(2) The period is modified by the executive director pursuant to Fis 1803; or

(3) The offense is described in Table 1800.1, with a different period:

Table 1800.1 Periods of Suspension

Offense	Period of Suspension
Hunting without the applicable hunting licenses as required in RSA 208:5, RSA 208:5-a, RSA 208:24, II, RSA 214:1, RSA 214:1-b, RSA 214:1-c, and RSA 214:1-d.	None
Fishing without a freshwater or recreational saltwater license.	None
Clamming without a license.	None
Oystering without a license.	None
Landing of marine species without a commercial saltwater license.	None
Wholesale trade of marine species without a wholesale marine license.	None
Retail sale of lobster without a license.	None
Trapping without a license.	None
Taking deer without purchasing a special permit contrary to Fis 301.031 for units L or M, Governor's Island, or statewide archery.	None
Taking deer without purchasing a Long Island deer permit as specified in Fis 301.032.	None
No name or address on arrow or bolt contrary to Fis 301.03(d)(13) or Fis 301.041(g).	None
Placing of a tree stand for hunting without a landowner permit contrary to RSA 207:36-a.	None
Improper use of a deer permit contrary to RSA 208:5-b or Fis 301.031 and Fis 301.032.	None
Violations of National Migratory Bird Harvest Information Program (HIP) requirements contrary to Fis 302.072.	None
Unsigned federal waterfowl stamp contrary to RSA 209:6.	None
Taking moose during the closed season or exceeding the bag limit.	2-year suspension
Illegal night hunting contrary to RSA 208:8.	3-year suspension
No name on a bob house, contrary to RSA 211:17-a, I.	30-day suspension
Violation of RSA 211:17-aII or III, relative to bob houses.	One-year suspension
Taking an over limit of freshwater or recreational saltwater fish.	One-year suspension
Violation of marine laws or licenses when holding a charter or party boat license.	One-year suspension of charter/party boat license
All freshwater or recreational saltwater fishing violations except as follows: a. No suspension for unattended lines; b. No suspension for no reflectors on bob house as required in Fis 402.10; and c. No suspension for use of lead sinkers while fishing as required in RSA 211:13-b.	6-month suspension
Trespass, only for the hunting, fishing, trapping, or guiding activity engaged in at the time of the offense.	One-year suspension
Littering, only for the hunting, fishing, trapping, charter or party boat, or guiding activity engaged in at the time of the offense.	One-year suspension
Disobeying or assaulting a conservation officer contrary to RSA 207:47 or RSA 211:18-a.	One-year concurrent suspension of all licenses issued by the department
Clam violation: up to 5 quart over limit for first offense.	No suspension
Clam violation: up to a 5 quart over limit, for second offense.	One-year suspension
Clam violation: over 5 quarts over limit.	One-year suspension
Oyster over limit, contrary to Fis 605.01(d).	One-year suspension
Illegal method of taking oysters, or taking oysters after sunset contrary to Fis 605.01(b).	One-year suspension
Possession of 2 or more short or oversized lobsters contrary to RSA 211:27 and Fis 602.12.	One-year suspension
Possession of 2 or more egg bearing or scrubbed lobsters contrary to RSA 211:26.	One year suspension
Possession of 2 or more V-notched lobsters contrary to Fis 602.11.	One year suspension
A combination of two or more lobster violations of RSA 211:26, RSA 211:27 or Fis 602.11.	One-year suspension
Lobster trap plugged escape vent contrary to Fis 602.10(b).	One-year suspension
Lobster trap tag violation contrary to Fis 602.16.	One-year suspension
Failure to tend traps or pots every 30 days contrary to Fis 602.09(d).	None for first offense, One-year suspension for second offense
Commercial marine species violations by holder of commercial saltwater, lobster landing, or wholesale marine species license.	One-year suspension of commercial saltwater or wholesale marine species license

(f) Unless otherwise mandated by statute, or modified by the executive director pursuant to Fis 1803, a conviction for an OHRV or snowmobile violation shall be subject to the following suspension actions:

(1) In accordance with RSA 215-A:29, V and 215-C:49, VI the violator's OHRV or snowmobile training program certificate shall be suspended:

a. For a first offense, 30 days;

b. For a second offense, 180 days; and

c. For a third and subsequent offenses, one year suspension.

(2) For violation of RSA 215-A:19, IX or 215-C:34, VIII, the violator's registration of any machine shall be suspended until such time as the person has successfully completed an approved OHRV or snowmobile safety education class, but in no circumstance for less than 180 days.

(g) For the purposes of this section, and unless otherwise mandated by statute or modified by the executive director pursuant to Fis 1803, the period of license suspension shall commence on the date of conviction in the applicable court, and end on the same day in the month which is 6, 12, 24, 36, or 60 months later, inclusive of both dates, pursuant to RSA 207:1, XIV.

N.H. Admin. Code § Fis 1802.01

Adopted by Volume XXXVIII Number 28, Filed July 12, 2018, Proposed by #12562, Effective 6/28/2018, Expires 6/28/2028.