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					                                   RULEMAKING NOTICE FORM


Notice Number                                              Rule Number         Fis 405.07; 406.01(d);
                                                                               406.03; 406.04(a) and (c);
                                                                               407.01(d); 407.02(b)


1. Agency Name & Address:                               2. RSA Authority:              206:10
                                                        3. Federal Authority:
    NH Fish and Game Department                         4. Type of Action:
    11 Hazen Drive                                              Adoption
    Concord, NH 03301                                           Amendment      XX
                                                                Repeal
                                                                Readoption
                                                                Readoption w/amendment    XX


5. Short Title:      2007 Fishing rules

6. (a)   Summary of what the rule says and the effect of the rule on those regulated:

         The Department is proposing to amend the fishing rules for 2007 to:

         Eliminate the 15 inch minimum length for rainbow trout and increase the combined daily
         limit for rainbow trout and lake trout to 4 fish but no more than 2 lake trout for Silver
         Lake (Harrisville) and Nubanusit Lake (Hancock/Nelson);

         Open the season for fly fishing ponds, as well as the section of the Connecticut River
         from the dam at Second Lake to the logging bridge on the Magalloway Road, to year
         round fishing through open water; no ice fishing; and

         Clarify the rule on hooks used for [the attachment of] bait by adding language the
         restriction is per icefishing device or per line.




6. (b)   Brief description of the groups affected:

         Freshwater anglers would be affected by these rules.
6. (c)   Specific section or sections of state statute or federal statute or regulation which the rule is intended
         to implement:

 Rule(s)                        State Statute (RSA)         Federal Statute             Federal Regulation
 Fis 405.07; 406.01(d);
 406.03; 406.04(a) and
 (c); 407.01(d); 407.02(b)      206:10




7. Contact person for copies and questions including requests to accommodate persons with disabilities:

   Name:         Sandra Falicon                                     Title:     Legislative/Rules Coordinator
   Address:      NH Fish and Game Department                        Phone #:   603-271-3511
                 11 Hazen Drive
                                                                    Fax#:      603-271-1438
                 Concord, NH 03301
                                                                    E-mail:    comments@wildlife.state.nh.us

                                                                    TTY/TDD Access: Relay NH 1-800-735-
                                                                    2964 or dial 711 (in NH)


8. Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format
   specified: May 15, 2006

   Fax                                    E-mail                                  Other format (specify):


9. Public hearing scheduled for:

              Date and Time:      May 2, 2006          6:30 pm
                                  NH Fish and Game Department
              Place:
                                  11 Hazen Drive
                                  Concord NH 03301


10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant)

         FIS #    06:049                     , dated      3/27/06
        1. Comparison of the costs of the proposed rule(s) to the existing rule(s):
              There are no costs associated with either the proposed or existing rules.

        2. Cite the Federal mandate. Identify the impact on state funds:
                No federal mandate, no impact on state funds.

        3. Cost and benefits of the proposed rules(s):
                There are no costs or benefits associated with these rules.

                A. To State general or State special funds:
                       None.

                B. To State citizens and political subdivisions:
                       None.

                C. To independently owned businesses:
                       None.




11. Statement Relative to Part I, Article 28-a of the N.H. Constitution:


         The proposed amendments of Fis 405.07; 406.01(d); 406.03; 406.04(a) and (c); 407.01(d); and
407.02(b) relating to 2007 fishing rules does not violate the New Hampshire Constitution, Part 1, Article 28-a.
The rules do not impose any programs or responsibilities on any political subdivision of the state nor is any
political subdivision involved in the process from an administrative perspective.
                                             APPENDIX

Rule(s)                     State Statute (RSA)   Federal Statute   Federal Regulation
Fis 405.07; 406.01(d);
406.03; 406.04(a) and
(c); 407.01(d); 407.02(b)   206:10
                                                                             Initial Proposal 3/20/06 1


Readopt with amendment Fis 405.07 effective 1-1-06 (doc #8442) to read as follows:

Fis 405.07 Hooks or Other Devices for Attachment of Bait.
       (a) While ice fishing, only a single hook with a single hook point, per ice fishing device, shall be
used for bait.
      (b) While taking fish in open water, 2 hooks may be used with bait [per line], one with a single
hook point and the other with no more than 3 hook points.



Amend Fis 406.01 (d) effective 1-1-06 (doc #8442) for the following ponds as listed in the Table 400.1 to
read as follows:

        (d) The taking of fish from a lake or pond or its tributaries shall be in compliance with the
restrictions set forth in the rules cited in Table 400.01, the Ponds and Lakes Table, as follows:
                               Table 400.1 PONDS AND LAKES TABLE

                                                                           POND              TRIBUTARY
      POND/LAKE NAME(S)                         TOWN(S)                    RULES               RULES

Archery Pond                            Allenstown                   Fis 406.03(c)         Fis 406.06(a)
Bear Brook Pond, Little/                Wentworth Location           Fis 406.03(a)         Fis 406.06(a)
   Little Bear
Big Brook Bog                           Pittsburg                    Fis 406.03(a)         Fis 406.06(a)
Boundary Pond                           Pittsburg                    Fis 406.03(a)         Fis 406.06(a)
Chapin Pond                             Newport, Claremont           Fis 406.03(a)         Fis 406.06(a)
Clarksville Pond                        Clarksville                  Fis 406.03(a)         Fis 406.06(a)
Coldrain Pond                           New Durham                   Fis 406.03(a)         Fis 406.06(a)
Cole Pond                               Enfield                      Fis 406.03(b)         Fis 406.06(a)
Coon Brook Bog                          Pittsburg                    Fis 406.03(a)         Fis 406.06(a)
Devils Washbowl                         Odell                        Fis 406.03(a)         Fis 406.06(a)
Hall Pond, Upper                        Sandwich                     Fis 406.03(b)         Fis 406.06(a)
Hoyt's Pond                             Madbury                      Fis 406.03(a)         Fis 406.06(a)
Jones Pond                              Middleton                    Fis 406.03(c)         Fis 406.06(a)
Lime Pond                               Columbia                     Fis 406.03(b)         Fis 406.06(a)
Millsfield Pond, Little/                Millsfield                   Fis 406.03(a)         Fis 406.06(a)
   Moose
Moose Pond                              Pittsburg                    Fis 406.03(a)         Fis 406.06(a)
Nubanusit Lake                          Hancock, Nelson              Fis 406.04(c)         Fis 406.06(a)
Perry Pond                              Pittsburg                    Fis 406.03(a)         Fis 406.06(a)
Phillips Pond                           Odell                        Fis 406.03(a)         Fis 406.06(a)
Profile Lake                            Franconia                    Fis 406.03(b)         Fis 406.06(a)
Saco Lake                               Carroll                      Fis 406.03(a)         Fis 406.06(a)
Scotts Bog                              Pittsburg                    Fis 406.03(a)         Fis 406.06(a)
Shawtown/Shaw Pond                      Freedom                      Fis 406.03(b)         Fis 406.06(a)
Silver Lake                             Harrisville, Nelson          Fis 406.04(c)         Fis 406.06(a)
Sky Pond                                New Hampton                  Fis 406.03(b)         Fis 406.06(a)
Stirrup Iron Pond                       Salisbury                    Fis 406.03(a)         Fis 406.06(a)
Stonehouse Pond                         Barrington                   Fis 406.03(a)         Fis 406.06(a)
                                                                               Initial Proposal 3/20/06 2


Trio Pond, Upper 3                      Odell                          Fis 406.03(a)       Fis 406.06(a)
Unknown Pond                            Pittsburg                      Fis 406.03(a)       Fis 406.06(a)
West Branch Pond/Terrill                Pittsburg                      Fis 406.03(a)       Fis 406.06(a)
White Pond                              Ossipee                        Fis 406.03(a)       Fis 406.06(a)
Willard Pond                            Antrim                         Fis 406.03(a)       Fis 406.06(a)
Wright Pond                             Pittsburg                      Fis 406.03(a)       Fis 406.06(a)




Readopt with amendment Fis 406.03 effective 1-1-06 (doc #8442) to read as follows:



Fis 406.03 Fly-Fishing Waters.
       (a) The taking of fish from this waterbody as referenced in Table 400.1 in Fis 406.01(d) shall be
subject to the following restrictions:
            (1) This waterbody shall be managed for trout;
            (2) The open season for taking all species, except smelt, shall be all year round by fly fishing
            only;

            (3) Fishing through the ice, from the ice, or from any object supported by the ice shall be
            prohibited;
            (4) The open season for taking smelt shall be June 16 through October 15 and shall be by fly
            fishing only;
            (5) The daily limit for brook trout shall be 5 fish or a total of 5 pounds of fish whichever
            limit shall first be reached;
            (6) The daily limit for all other species shall be as provided in Fis 403.
       (b) The taking of fish from this waterbody as referenced in Table 400.1 in Fis 406.01(d) shall be
subject to the following restrictions:
            (1) This waterbody shall be managed for trout;
            (2) The open season for taking all species except smelt shall be all year round by fly fishing
            only;

            (3) Fishing through the ice, from the ice, or from any object supported by the ice shall be
            prohibited;
            (4) The open season for taking smelt shall be June 16 through October 15 and shall be by fly
            fishing only;
            (5) No person shall take brook trout 12 to 16 inches in length. All brook trout 12 to 16
            inches in length shall be immediately released unharmed into the waters from which taken;
            (6) The daily limit for brook trout shall be 2 fish of which only one may be over 16 inches;
            (7) The daily limit for all other species shall be as provided in Fis 403.
                                                                               Initial Proposal 3/20/06 3



       (c) The taking of fish from this waterbody as referenced in Table 400.1 in Fis 406.01(d) shall be
subject to the following restrictions:
            (1) This waterbody shall be managed for trout;
            (2) The open season for taking all species except smelt shall be all year round by fly fishing
            only;

            (3) Fishing through the ice, from the ice, or from any object supported by the ice shall be
            prohibited;
            (4) The open season for taking smelt shall be June 16 through October 15 and shall be by fly
            fishing only;
            (5) The daily limit for brook trout shall be 2 fish; and
            (6) The daily limit for all other species shall be as provided in Fis 403.




Readopt Fis 406.04 (a) and (c) effective 1-1-06 (doc #8442) to read as follows:


      Fis 406.04 Lake Trout and Salmon Waters.
       (a) The taking of fish from this waterbody as referenced in Table 400.1 in Fis 406.01(d) shall be
subject to the following restrictions:
            (1) This waterbody shall be managed for lake trout and/or salmon;
            (2) The open season for taking fish shall be all year round subject to the following
            restrictions:
                 a. From January 1 to March 31 the waterbody shall be open to the taking of all species,
                 except salmon and smelt subject to the following restrictions:
                       1. Fish shall only be taken by ice fishing;
                       2. The combined daily bag limit for all trout species, including lake trout, shall be
                       2 fish;
                       3. Only one hook with bait, as described in Fis 405.07(a), or an artificial lure or
                       flies may be used to take fish through the ice;
                       4. No more than 2 ice fishing devices shall be used, except that in addition a
                       person may use 6 cusk fishing devices to take cusk as specified in Fis 405.04; and
                       5. Lake trout shall not be taken by trolling;
                                                                             Initial Proposal 3/20/06 4


                 b. From April 1 through September 30 the waterbody shall be open to the taking of all
                 species, except smelt, by all legal methods. The combined daily bag limit for lake trout,
                 salmon, and brook trout shall be 2 fish;
                 c. From October 1 through December 31 the waterbody shall be open to the taking of
                 all species except lake trout, brook trout, salmon and shad;
                 d. From April 1 to December 31 no person shall take fish through the ice, from the ice
                 or supported by the ice; and
                 e. The open season for taking smelt shall be from June 16 through March 14;
           (3) The minimum length for brook trout and salmon shall be 15 inches;
           (4) The minimum length for lake trout shall be 18 inches; and
           (5) For all species other than brook trout, lake trout, and salmon the limits and methods of
           taking shall be as provided in Fis 403 and Fis 405.

       (c) The taking of fish from this waterbody as referenced in Table 400.1 in Fis 406.01(d) shall be
subject to the following restrictions:
           (1) This waterbody shall be managed for lake trout and/or salmon;
           (2) The open season for taking fish shall be all year round subject to the following
           restrictions:
                 a. From January 1 to March 31 the waterbody shall be open to the taking of all species,
                 except salmon and smelt subject to the following restrictions:
                      1. Fish shall only be taken by ice fishing;
                      2. The combined daily bag limit for all trout species, including lake trout, shall be
                      2 fish;
                      3. Only one hook with bait, as described in Fis 405.07(a), or an artificial lure or
                      flies may be used to take fish through the ice;
                      4. No more than 2 ice fishing devices shall be used, except that in addition a
                      person may use 6 cusk fishing devices to take cusk as specified in Fis 405.04; and
                      5. Lake trout shall not be taken by trolling;
                 b. From April 1 through September 30 the waterbody shall be open to the taking of all
                 species, except smelt, by all legal methods. The combined daily bag limit for lake trout,
                 salmon, and brook trout shall be 4 fish of which no more than 2 fish may be lake trout
                 and/or salmon;
                 c. From October 1 through December 31 the waterbody shall be open to the taking of
                 all species except lake trout, brook trout, salmon and shad;
                 d. From April 1 to December 31 no person shall take fish through the ice, from the ice
                 or supported by the ice; and
                 e. The open season for taking smelt shall be from June 16 through March 14;
                                                                              Initial Proposal 3/20/06 5



            (3) The minimum length for salmon shall be 15 inches;
            (4) The minimum length for lake trout shall be 18 inches;
            (5) Yellow perch shall not be used for bait; and
            (6) For all species other than brook trout, lake trout, and salmon the limits and methods of
            taking shall be as provided in Fis 403 and Fis 405.




Readopt Fis 407.01 (d) effective 1-1-06 (doc #8442) for the following rivers and streams as listed in the
Table 400.2 to read as follows:




(d) The taking of fish from rivers and streams shall be in compliance with the restrictions set forth in the
rules cited in Table 400.2, the Rivers and Streams Table, as follows:
                             Table 400.2 RIVERS AND STREAMS TABLE
STREAM/RIVER NAMES(S)                                        TOWN(S)                   LIMITATIONS


Connecticut River
   - headwaters to Fourth                        Pittsburg                         Fis 406.06 (a)
   Connecticut Lake

   - Fourth Connecticut Lake to                  Pittsburg                         Fis 406.06 (a)
   Third Connecticut Lake

   - from Third Connecticut Lake                 Pittsburg                         Fis 406.06 (a)
   to Second Connecticut Lake

   - from the dam at Second Lake to              Pittsburg                         Fis 407.02 (b)
   the upstream side of the logging
   bridge on the Magalloway Road

   - from the Magalloway Road bridge             Pittsburg                         Fis 407.02 (a)
   to the inlet at Green Point
   on First Connecticut Lake

   - from First Connecticut                      Pittsburg                         Fis 407.02 (c)
   Lake Dam to the signs on
   Lake Francis

   - from the Murphy Dam on Lake                                                   Fis 407.02 (e)
   Francis to the boundary between
                                                                               Initial Proposal 3/20/06 6


   Vermont, Canada and New Hampshire

   - that portion of the river                                                      Fis PART 408
   lying between Vermont and New
   Hampshire



Amend Fis 407.02 (b) effective 1-1-06 (doc #8442) for the following ponds as listed in the Table 400.1 to
read as follows:




Fis 407.02 Trout Waters.
      (b) The taking of fish from this waterbody as referenced in Table 400.2 shall be subject to the
following restrictions:
            (1) This waterbody shall be managed for trout;
            (2) The open season for taking of all species, except smelt, shall be all year round;
            (3) Fish shall be taken by fly fishing only;
            (4) All fish shall be immediately released unharmed to the water;
            (5) The open season for taking smelt shall be January 1 through March 14 and June 16
            through October 15;

            (6) The taking of brook trout, lake trout, lake trout hybrids and salmon between 2 hours after
            sunset and one hour before sunrise shall be prohibited;
            (7) Fishing through the ice, from the ice, or from any object supported by the ice, shall be
            prohibited; and
            (8) The daily limit for all other species shall be as provided in Fis 403.

				
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