Fish_rules_2008_NOTICE_0707

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					                                  RULEMAKING NOTICE FORM


Notice Number             ____________                  Rule         Fis 401.19, 401.20, 402.11, 402.12,
                                                        Number       405.04, 406.01(d), 406.02(d), 406.05,
                                                                     407.01(d), 407.02, 407.03, 410, 803.10(b)
                                                                     and (c)


1. Agency Name & Address:                               2. RSA Authority:     206:10; 207:14; 211:4
                                                        3. Federal Authority:
    NH Fish and Game Department                         4. Type of Action:
    11 Hazen Drive
                                                                Adoption       XX
    Concord, NH 03301
                                                                Amendment      XX
                                                                Repeal
                                                                Readoption     XX
                                                                Readoption w/amendment      XX

5. Short Title:     2008 Fishing Rules

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

        The Department is proposing the following changes to the fish rules for 2008:
          Add definitions for “a cast of artificial flies” (Fis 401.19) and “manmade opening” (Fis 401.20);
          Prohibit the branching of a line for taking fish (Fis 402.11) and the use of a gaff to take fish from
          freshwater (Fis 402.12);
          Allow cusk fishing devices to be used only on waters where cusk can be found (Fis 405.04);
          Change the daily limit for brook trout in Dublin Lake, Dublin from 3 fish to 3 fish or 5 pounds of
          fish whichever limit is reached first (Fis 406.01(d); 406.02(d));
          Reduce the minimum size limit for lake trout in South Pond, Stark from 18 inches to 15 inches
          (Fis 406.01(d); 406.05(g));
          Allow a single barbed hook on artificial lures in all waters managed for „delayed harvest‟ (Fis
          407.01(d); 407.02(j); 407.02(o)) which includes portions of the Cocheco River, Lamprey River,
          and South Branch Piscataquog River;
          Implement catch and release regulations on a portion of the Diamond River from the Dead
          Diamond River and Swift Diamond River confluence to the mouth at the Magalloway River
          confluence (Fis 407.01(d); 407.03(f); and
          And to make changes to the NH/ME interstate water fishing rules (Fis 410) to:
          - change the boundary descriptions for Horn Pond and the Salmon Falls River;
          - change the ice fishing season to Jan 1 - Mar 31;
          - change the closing time for taking smelt at night from 10 pm to midnight;
          - change the open water fishing season in the Salmon Falls River to Jan 1 – Dec 31.
           - Change the area description for Lake Umbagog that is closed to ice fishing.
           Add another certification option for persons conducting fish health inspections and update a
           reference to certain fish health manuals for fish inspections (803.10(b) and (c))




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



These rules affect persons fishing in various inland waters of the state and ME/NH interstate waters.


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 401.19, 401.20,           206:10
 402.11, 402.12, 405.04,
 406.01(d), 406.02(d),
 406.05, 407.01(d),
 407.02, 407.03,
 Fis 410                       206:10; 207:14
 Fis 803.10(b) and (c)         211:4

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

   Name:        Sandra Falicon                                   Title:       Legislative/Rules Coordinator
                NH Fish and Game Department
   Address:                                                      Phone #:     603-271-3511
                11 Hazen Drive
                Concord, NH 03301                                Fax#:        603-271-1438
                                                                 E-mail:      comments@wildlife.state.nh.us
                                                                              (use email subject: 2008 Fishing
                                                                              rules)
                                                                 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:   August 3, 2007

   Fax                                    E-mail                                 Other format (specify):
9. Public hearing scheduled for:


             Date, Time &
                                                July 24, 2007       6:30 pm
             Place:
                                                N.H. Fish and Game Department Headquarters
                                                11 Hazen Drive
                                                Concord, NH 03301

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

      FIS #    07:097                     , dated       6/19/2007


       1. Comparison of the costs of the proposed rule(s) to the existing rule(s):
             There no difference in cost when comparing the proposed rules to the 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):


               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 adoption of Fis 401.19, 401.20, 402.11, 402.12, the readoption of Fis 410.06,
       the readoption with amendment of Fis 405.04, 406.05, 407.03 407.02, 410.01-.05, 410.07 and the
       amendment of Fis 406.01(d), 406.02(d), 407.01(d), and 803.10(b) and (c) do 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 401.19, 401.20,       206:10
402.11, 402.12, 405.04,
406.01(d), 406.02(d),
406.05, 407.01(d),
407.02, 407.03,
Fis 410                   206:10; 207:14
Fis 803.10(b) and (c)     211:4
                                                                               Initial Proposal 6/5/07    1


Adopt Fis 401.19 and 401.20 to read as follows:

       Fis 401.19 “A cast of artificial flies” means no more than 2 artificial flies attached to a line used
for taking of fish by angling.

       Fis 401.20 “Manmade opening” means a hole in the ice made by an ice cutting tool including but
no limited to augers, chisels, and saws that is used for ice fishing and does not include areas that remain
ice free due to current and movement created by dock aerators, bubblers, fans and similar devices.


Adopt Fis 402.11 and Fis 402.12 to read as follows:

      Fis 402.11 Branching of Line Prohibited.

      (a) The branching of a line used for the taking of fish by angling shall be prohibited.

       (b) No person shall branch a line for the purpose of adding a cast of flies, artificial bait, hook or
other devices for the attachment of bait.



      Fis 402.12 Use of Gaff Prohibited.

      (a) No person shall us a gaff in any fresh water of the state to take fish.


Readopt with amendment Fis 405.04 effective 1-1-06 (dc #8442) to read as follows:

Fis 405.04 Cusk Fishing.

       (a) In addition to angling and ice fishing cusk may be taken through the ice by the use of a cusk
fishing device as follows:

            (1) All cusk fishing devices shall be plainly marked with the name and address of the person
            setting, using and having control of it;

            (2) The sinker of the cusk fishing device shall rest on the bottom of the waterbody being
            fished;

            (3) A person fishing for cusk through the ice with cusk fishing devices, may set such devices
            and leave them unattended except that once during each 24 hour period said person shall
            visually inspect the bait end of the line; and

            (4) While fishing with a cusk fishing device the activity of "bobbing," "jigging," or any
            activity so as to attract fish by movement of the bait by the user shall be prohibited.

            (5) Cusk fishing devices shall only be used in:

                        a. First Connecticut Lake (Pittsburg);

                        b. Second Connecticut Lake (Pittsburg);
                                                                             Initial Proposal 6/5/07      2



                        c. Third Connecticut Lake (Pittsburg);

                        d. Lake Francis (Pittsburg);

                        e. Newfound Lake (Bristol, Alexandria, Bridgewater, Hebron);

                        f. Silver Lake (Madison);

                        g. Big Squam Lake (Holderness, Center Harbor, Sandwich, Moultonboro);

                        h. Little Squam lake (Holderness, Ashland);

                        i. South Pond (Stark);

                        j. Sunapee Lake (Newbury, New London, Sunapee);

                        k. Wentworth Lake (Wolfeboro);

                        l. Lake Winnipesaukee (Alton, Center Harbor, Gilford, Laconia, Meredith,
                        Moultonboro, Tuftonboro, Wolfeboro); and

                        m. Winnisquam Lake (Belmont, Sanbornton, Laconia, Tilton, Meredith).


       (b) Any fish other than cusk taken on a cusk fishing device shall be immediately liberated by
cutting the line without removing the fish from the water.


Amend Fis 406.01(d) effective 1/1/06 (doc#8442) as amended 1/1/07 (doc 8671) by amending the ponds
listed in Table 400.1, cited and to read as follows:

      Fis 406.01 Applicability.

        (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

Dublin Lake/Monadnock Pond             Dublin                         Fis 406.02(d)       Fis 406.06(a)
South Pond                             Stark                          Fis 406.05(g)       Fis 406.06(a)




Amend Fis 406.02 (d) effective 1/1/06 (doc #8442) to read as follows:
                                                                               Initial Proposal 6/5/07   3




      Fis 406.02 Trout Waters.

       (d) The taking of fish from this waterbody as referenced in Table 400.01 in Fis 406.01(d) shall be
subject to the following restrictions:

            (1) This waterbody shall be managed as trout water;

            (2) The open season for taking all species except salmon and smelt shall be from the 4 th
            Saturday in April through October 15;

            (3) The daily limit for brook trout shall be 3 fish or 5 pounds of fish whichever limit shall
            first be reached;

            (4) The open season for taking smelt shall be June 16 through October 15;

            (5) The open season for taking salmon shall be from the 4th Saturday in April to September
            30th.

            (6) The daily bag limit for salmon shall be 2 fish;

            (7) The minimum length for salmon shall be 15 inches;

            (8) The use or possession of live fish, or the eggs thereof, for bait shall be prohibited,
            however the use of salmon eggs shall be permitted; and

            (9) The daily limit for all other species shall be as provided in Fis 403.



Readopt with amendment Fis 406.05, effective 1/1/06 (doc #8442), to read as follows:


      Fis 406.05 Other Waterbodies.

       (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) The waterbody shall be open to the taking of all species, except salmon, lake trout and
            smelt, all year round by all legal methods;

            (2) The open season for taking smelt shall be June 16 through March 14;

            (3) The open season for taking salmon shall be April 1 through September 30;

            (4) The open season for taking lake trout shall be January 1 through September 30;

            (5) The daily bag limit for salmon and lake trout shall be no more than 2 fish whether 2 of a
            single species or one of each species;
                                                                               Initial Proposal 6/5/07   4


            (6) The minimum length for salmon shall be 15 inches;

            (7) The daily limit for brook trout in open water shall be 5 fish or 5 pounds of fish whichever
            limit shall first be reached and 2 fish through the ice;

            (8) The minimum length for lake trout shall be 18 inches;

            (9) The daily limit for all other species shall be as provided in Fis 403; and

            (10) No more than 6 ice fishing devices shall be used to take fish while ice fishing, except
            that in addition a person may use 6 cusk fishing devices to take cusk as specified in Fis
            405.04.

       (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) The waterbody shall be closed to the taking of all fish October 16 through March 31;

            (2) The open season for taking all species except brook trout and smelt shall be from April 1
            through October 15;

            (3) The open season for taking brook trout shall be the 4th Saturday in April through October
            15;

            (4) From April 1 through October 15 no person shall take fish through the ice, from the ice
            or from any object supported by the ice;

            (5) The open season for taking smelt shall be June 16 through October 15;

            (6) The daily limit for brook trout shall be 2 fish;

            (7) The minimum length for brook trout shall be 15 inches; and

            (8) The daily limit for all other species shall be as provided in Fis 403.

      (c) This waterbody as referenced in Table 400.1 in Fis 406.01(d) shall be closed to all fishing.

       (d) 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) The waterbody shall be open to the taking of all species, except salmon, lake trout and
            smelt, all year round by all legal methods;

            (2) The open season for taking salmon shall be April 1 through September 30;

            (3) The open season and methods for taking smelt shall be as follows:

                 a. From June 16 through March 14 smelt shall be taken by angling only; and

                 b. From March 15 through April 30 smelt shall only be taken:
                                                                               Initial Proposal 6/5/07    5


                       1. By means of a dip net not over 18 inches in diameter; and

                       2. Between the hours of sunset and 12 midnight;

            (4) The daily limit for brook trout in open water shall be 5 fish or 5 pounds of fish whichever
            limit shall first be reached and 2 fish through the ice;

            (5) The daily limit for all other species shall be as provided in Fis 403; and

            (6) No more than 6 ice fishing devices shall be used to take fish while ice fishing, except that
            in addition a person may use 6 cusk fishing devices to take cusk as specified in Fis 405.04.

       (e) 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) The waterbody shall be open to the taking of all species, except salmon, lake trout and
            smelt, all year round by all legal methods;

            (2) The open season for taking salmon shall be April 1 through September 30;

            (3) The open season for taking lake trout shall be January 1 through September 30;

            (4) The daily limit for salmon and lake trout shall be no more than 2 fish whether 2 of one
            single species or one of each species;

            (5) The minimum length for salmon shall be 15 inches;

            (6) The daily limit for brook trout shall be 2 fish;

            (7) The open season for taking smelt shall be June 16 through March 14;

            (8) The minimum length for lake trout shall be 18 inches;

            (9) The daily limit for all other species shall be as provided in Fis 403; and

            (10) No more than 6 ice fishing devices shall be used to take fish while ice fishing, except
            that in addition a person may use 6 cusk fishing devices to take cusk as specified in Fis
            405.04.

       (f) 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) The waterbody shall be open to the taking of all species, except salmon, lake trout and
            smelt, all year round by all legal methods;

            (2) The open season for taking smelt shall be June 16 through March 14;

            (3) The open season for taking salmon shall be April 1 through September 30;

            (4) The open season for taking lake trout shall be January 1 through September 30;
                                                                               Initial Proposal 6/5/07    6


            (5) The daily bag limit for salmon and lake trout shall be no more than 2 fish whether 2 of a
            single species or one of each species;

            (6) The minimum length for salmon shall be 15 inches;

            (7) The daily limit for brook trout in open water shall be 5 fish or 5 pounds of fish whichever
            limit shall first be reached and 2 fish through the ice;

            (8) The minimum length for lake trout shall be 18 inches;

            (9) The daily limit for all other species shall be as provided in Fis 403 except the daily limit
            for northern pike shall be 3 fish;

            (10) The minimum length for northern pike shall be 20 inches; and

            (11) No more than 6 ice fishing devices shall be used to take fish while ice fishing, except
            that in addition a person may use 6 cusk fishing devices to take cusk as specified in Fis
            405.04.

       (g) 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) The waterbody shall be open to the taking of all species, except salmon, lake trout and
            smelt, all year round by all legal methods;

            (2) The open season for taking smelt shall be June 16 through March 14;

            (3) The open season for taking salmon shall be April 1 through September 30;

            (4) The open season for taking lake trout shall be January 1 through September 30;

            (5) The daily bag limit for salmon and lake trout shall be no more than 2 fish whether 2 of a
            single species or one of each species;

            (6) The minimum length for salmon shall be 15 inches;

            (7) The daily limit for brook trout in open water shall be 5 fish or 5 pounds of fish whichever
            limit shall first be reached and 2 fish through the ice;

            (8) The minimum length for lake trout shall be 15 inches;

            (9) The daily limit for all other species shall be as provided in Fis 403; and

            (10) No more than 6 ice fishing devices shall be used to take fish while ice fishing, except
            that in addition a person may use 6 cusk fishing devices to take cusk as specified in Fis
            405.04.



Amend Fis 407.01(d) effective 1/1/06 (doc#8442) as amended 1/1/07 (doc 8671) by amending the
stream/river listed in Table 400.2 as follows:
                                                                               Initial Proposal 6/5/07     7




       Fis 407.01 Applicability.



        (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


Cocheco River                                                                      Fis 407.02 (e)
   - from Watson Road Dam downstream              Dover                            Fis 407.02 (o)
   to the head of tide



Diamond River                                                                      Fis 407.02 (e)
     - from the Dead Diamond River and            Second College Grant             Fis 407.03(f)
     Swift Diamond River confluences down
     to the mouth at the Magalloway River
     confluence
Lamprey River                                     Deerfield                        Fis 407.02 (e)
   - Raymond/Deerfield town                       Candia, Raymond,                 Fis 407.03 (a)
   line to Wiswall Dam                            Epping, Lee, Durham

   -fromWiswall Dam to the first railroad         Durham                           Fis 407.02 (o)
   trestle downstream of Packers Falls

   - from the first railroad trestle              Durham, Newmarket                Fis 407.03 (a)
   downstream of Packers Falls to the
   head of tide

Piscataquog River, South Branch                                                    Fis 407.02 (e)
    except:
    - from approximately 300' upstream of the     New Boston                       Fis 407.02 (j)
    Lyndeboro Road bridge
    downstream to the route 13 bridge

   Souhegan River                                                                  Fis 407.02 (e)
   except:
   - from a point 300 feet upstream of the        Greenville, Wilton               Fis 407.02 (j)
   Green bridge on Old Wilton Road in
   Greenville to a point 300 feet downstream
   of the Route 31 bridge in Wilton

   - from the Merrimack Village Dam               Merrimack                        Fis 407.02 (m)
                                                                              Initial Proposal 6/5/07   8


   To its confluence with the Merrimack


Readopt with amendment Fis 407.02 effective 1/1/06 (doc#8442) as amended 1/1/07 (doc 8671) to read
as follows:

      Fis 407.02 Trout Waters.

      (a) 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 salmon and smelt, shall be January 1,
           through October 15;

           (3) Fish shall be taken by fly fishing only;

           (4) The daily limit for brook trout shall be 2 fish;

           (5) The open season for taking smelt shall be January 1 through March 14 and June 16
           through October 15;

           (6) Open season for taking salmon shall be from April 1 through September 30;

           (7) The daily bag limit for salmon shall be 2 fish;

           (8) The minimum length for salmon shall be 15 inches;

           (9) 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;

           (10) Fishing through the ice, from the ice, or from any object supported by the ice, shall be
           prohibited; and

           (11) 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 400.2 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 salmon and smelt, shall be January 1
           through October 15;

           (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;
                                                                              Initial Proposal 6/5/07    9



           (6) Open season for taking salmon shall be from April 1 through September 30;

           (7) 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;

           (8) Fishing through the ice, from the ice, or from any object supported by the ice, shall be
           prohibited; and

           (9) The daily limit for all other species shall be as provided in Fis 403.

       (c) The taking of fish in this waterbody as referenced in Table 400.2 in Fis 407.01(d) shall be
subject to the restrictions in Fis 407.02(a) and the minimum total length for trout shall be 12 inches.

      (d) This waterbody as referenced in Table 400.2 in Fis 407.01(d) shall be closed to all fishing.

      (e) The taking of fish from this waterbody as referenced in Table 400.2 shall be subject to the
following restriction:

           (1) This waterbody shall be managed for trout;

           (2) The open season for taking of all species, except salmon and smelt, shall be January 1
           through October 15;

           (3) The daily limit for brook trout shall be 5 fish or 5 pounds of fish whichever limit shall
           first be reached;

           (4) The open season for taking smelt shall be January 1 through March 14 and June 16
           through October 15;

           (5) Open season for taking salmon shall be from April 1 through September 30;

           (6) The daily bag limit for salmon shall be 2 fish;

           (7) The minimum length for salmon shall be 15 inches;

           (8) 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;

           (9) Fishing through the ice, from the ice, or from any object supported by the ice, shall be
           prohibited;

           (10) The daily limit for all other species shall be as provided in Fis 403; and

           (11) There shall be no closed season for the taking of minnows for bait by the use of minnow
           trap in accordance with RSA 211:9.

      (f) 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;
                                                                            Initial Proposal 6/5/07   10



           (2) The open season for taking of all species, except salmon and smelt, shall be January 1
           through October 15;

           (3) The daily limit for brook trout shall be 5 fish or 5 pounds of fish whichever limit shall
           first be reached;

           (4) The open season for taking smelt shall be January 1 through March 14 and June 16
           through October 15;

           (5) Open season for taking salmon shall be from April 1 through September 30;

           (6) The daily bag limit for salmon shall be 2 fish;

           (7) The minimum length for salmon shall be 15 inches;

           (8) 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 except that brown trout may be taken
           between 2 hours after sunset and one hour before sunrise;

           (9) Fishing through the ice, from the ice, or from any object supported by the ice, shall be
           prohibited;

           (10) The daily limit for all other species shall be as provided in Fis 403; and

           (11) There shall be no closed season for the taking of minnows for bait by the use of minnow
           trap in accordance with RSA 211:9.

      (g) 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 salmon and smelt, shall be January 1
           through October 15;

           (3) Only single hook artificial lures and flies shall be used;

           (4) The daily limit for brook trout shall be 2 fish;

           (5) The open season for taking smelt shall be January 1 through March 14 and June 16
           through October 15;

           (6) Open season for taking salmon shall be from April 1 through September 30;

           (7) The daily bag limit for salmon shall be 2 fish;

           (8) The minimum length for salmon shall be 15 inches;

           (9) The minimum length for brook trout shall be 12 inches;
                                                                             Initial Proposal 6/5/07   11


           (10) 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;

           (11) Fishing through the ice, from the ice, or from any object supported by the ice, shall be
           prohibited; and

           (12) The daily limit for all other species shall be as provided in Fis 403.

      (h) 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 January 1 through October
           31 subject to the following:

                a. From January 1 through June 15 and October 1 through October 31 all fish:

                      1. Shall be taken by fly fishing only;

                      2. Shall be immediately released; and

                      3. All hooks shall be barbless or have all barbs pinched; and

                b. From June 16 through September 30 fish may be taken by all legal methods as
                follows:

                      1. The combined daily limit for salmon, lake trout and brook trout shall be 2 fish;

                      2. The minimum length for brook trout and salmon shall be 15 inches;

                      3. The minimum length for lake trout shall be 18 inches; and

                      4. 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;

           (3) Fishing through the ice, from the ice, or from any object supported by the ice, shall be
           prohibited; and

           (4) The daily limit for all other species shall be as provided in Fis 403.

      (i) 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 salmon and smelt, shall be January 1
           through October 15;

           (3) The open season for taking smelt shall be January 1 through March 14 and June 16
           through October 15;
                                                                            Initial Proposal 6/5/07      12



           (4) The daily limit for brook trout shall be 5 fish or 5 pounds of fish whichever limit shall
           first be reached;

           (5) This waterbody, and its tributaries to the first upstream dam, shall be closed to the taking
           of salmon;

           (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;

           (8) The daily limit for all other species shall be as provided in Fis 403; and

           (9) There shall be no closed season for the taking of minnows for bait by the use of minnow
           trap in accordance with RSA 211:9.

      (j) 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) There shall be no closed season for all species except salmon and smelt;

           (3) From October 16 through June 15 all fish shall be immediately released and only single
           hook artificial lures and flies shall be used;

           (4) From June 16 through October 15 fish may be taken by all legal methods and the daily
           limit for brook trout shall be 5 fish or 5 pounds of fish whichever limit shall first be reached;

           (5) The open season for taking smelt shall be January 1 through March 14 and June 16
           through October 15;

           (6) Open season for taking salmon shall be from April 1 through September 30;

           (7) The daily bag limit for salmon shall be 2 fish;

           (8) The minimum length for salmon shall be 15 inches;

           (9) 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;

           (10) Fishing through the ice, from the ice, or from any object supported by the ice, shall be
           prohibited;

           (11) The daily limit for all other species shall be as provided in Fis 403; and

           (12) There shall be no closed season for the taking of minnows for bait by the use of minnow
           trap in accordance with RSA 211:9.
                                                                             Initial Proposal 6/5/07    13


      (k) 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 April 1 through September
            30;

            (3) The open season for taking smelt shall be June 16 through September 30;

            (4) The daily limit for brook trout shall be 5 fish or 5 pounds of fish whichever limit shall
            first be reached;

            (5) The minimum length for lake trout shall be 18 inches;

            (6) The minimum length for salmon shall be 15 inches;

            (7) The daily bag limit for salmon and lake trout shall be no more than 2 fish, whether 2 of
            one single species or one of each species;

            (8) 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;

            (9) Fishing through the ice, from the ice, or from any object supported by the ice, shall be
            prohibited; and

            (10) The daily limit for all other species shall be as provided in Fis 403.

      (l) 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 salmon and smelt, shall be January 1
            through October 15;

            (3) The daily limit for brook trout shall be 5 fish or 5 pounds of fish whichever limit shall
            first be reached;

            (4) The open season for taking smelt shall be as follows:

                 a. From January 1 through March 14 and June 16 through October 15 smelt shall be
                 taken by angling only; and

                 b. From March 15 through April 30 smelt shall only be taken:

                       1. By means of a dip net not over 18 inches in diameter; and

                       2. Smelt shall only be taken between the hours of sunset and 12 midnight;

            (5) Open season for taking salmon shall be from April 1 through September 30;
                                                                            Initial Proposal 6/5/07    14



           (6) The daily bag limit for salmon shall be 2 fish;

           (7) The minimum length for salmon shall be 15 inches;

           (8) 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;

           (9) Fishing through the ice, from the ice, or from any object supported by the ice, shall be
           prohibited;

           (10) The daily limit for all other species shall be as provided in Fis 403; and

           (11) There shall be no closed season for the taking of minnows for bait by the use of minnow
           trap in accordance with RSA 211:9.

      (m) 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 salmon and smelt, shall be January 1
           through October 15;

           (3) The open season for taking smelt shall be January 1 through March 14 and June 16
           through October 15;

           (4) The daily limit for brook trout shall be 5 fish or 5 pounds of fish whichever limit shall
           first be reached;

           (5) The open season for taking salmon shall be from April 1 through September 30 and the
           taking of salmon shall be in accordance with Fis 411;

           (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;

           (8) The daily limit for all other species shall be as provided in Fis 403; and

           (9) There shall be no closed season for the taking of minnows for bait by the use of minnow
           trap in accordance with RSA 211:9.

       (n) The taking of fish from this waterbody as referenced from Table 400.2 in Fis 407.01(d) shall
be subject to the following restrictions:

           (1) The open season for the taking of all species except smelt shall be January 1 through
           October 31 subject to the following:
                                                                            Initial Proposal 6/5/07      15


                a. From January 1 through March 31 the daily limit for trout, including lake trout shall
                be 2 fish;

                b. From April 1 through September 30 the combined daily limit for salmon, lake trout,
                brook trout shall be 2 fish;

                c. From October 1 through October 31 all fish shall be immediately released and all
                hooks shall be barbless or have all barbs pinched;

                d. Fish shall be taken by fly fishing only;

                e. The minimum length for salmon and lake trout shall be 15 inches;

                f. The open season for taking salmon shall be January 1 through October 31;

                g. From January 1 through March 31 and from October 1 through October 31 all
                salmon shall be immediately released; and

                h. The open season for taking smelt shall be January 1 through March 14 and June 16
                through September 30.

      (o) 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) There shall be no closed season for all species except smelt;

           (3) From October 16 through the 4th Saturday in April the taking of fish shall be subject to
           the following:

                a. All fish shall be immediately released; and

                b. Only single hook artificial lures and flies shall be used.


           (4) From the 4th Saturday in April to October 15:

                a. Fish may be taken by all legal methods; and

                b. The daily limit for brook trout shall be 5 fish or 5 pounds of fish whichever limit
                shall first be reached

           (5) The open season for taking smelt shall be January 1 through March 14 and June 16
           through October 15;

           (6) The open season for taking salmon shall be from April 1 through September 30;

           (7) The daily bag limit for salmon shall be 2 fish;

           (8) The minimum length for salmon shall be 15 inches;
                                                                            Initial Proposal 6/5/07    16



           (9) 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;

           (10) Fishing through the ice, from the ice, or from any object supported by the ice, shall be
           prohibited;

           (11) The daily limit for all other species shall be provided in Fis 403; and

           (12) There shall be no closed season for the taking of minnows for bait by the use of
           minnow trap in accordance with RSA 211:9.


Readopt with amendment Fis 407.03effective 1/1/06 (doc#8442) to read as follows:


      Fis 407.03 Other Waters.

       (a) The taking of fish from this waterbody as referenced from Table 400.2 in Fis 407.01(d) shall
be subject to the following restrictions:

           (1) There shall be no closed season for all species except salmon and smelt;

           (2) The daily limit for brook trout shall be 5 fish or 5 pounds of fish whichever limit shall
           first be reached in open water and 2 fish through the ice;

           (3) Open season for taking salmon shall be from April 1 through September 30;

           (4) The daily bag limit for salmon shall be 2 fish;

           (5) The minimum length for salmon shall be 15 inches;

           (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) The daily limit for all other species shall be as provided in Fis 403; and

           (8) No more than 6 ice fishing devices shall be used to take fish while ice fishing.

      (b) The taking of fish from this waterbody as referenced in Table 400.2 in Fis 407.01(d) shall be
           subject to the following restrictions:

           (1) There shall be no closed season for all species except salmon and smelt;

           (2) From March 1 through September 30, the daily limit for brook trout shall be 5 fish or 5
           pounds of fish whichever limit shall first be reached in open water and 2 fish through the ice;

           (3) From October 1 through the last day of February:

                 a. All brook trout shall be immediately released;
                                                                             Initial Proposal 6/5/07     17


                 b. Only single hook artificial lures and flies shall be used; and

                 c. All hooks shall be barbless or have all barbs pinched.

           (4) Open season for taking salmon shall be from April 1 through September 30;

           (5) The daily bag limit for salmon shall be 2 fish;

           (6) The minimum length for salmon shall be 15 inches;

           (7) 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;

           (8) The daily limit for all other species shall be as provided in Fis 403; and

           (9) No more than 6 ice fishing devices shall be used to take fish while ice fishing.

       (c) The taking of fish from this waterbody as referenced from Table 400.2 in Fis 407.01(d) shall
be subject to the following restrictions:

           (1) There shall be no closed season for all species and smelt;

           (2) The daily limit for brook trout shall be 5 fish or 5 pounds of fish whichever limit shall
           first be reached in open water and 2 fish through the ice;

           (3) Open season for taking salmon shall be year round except that salmon taken from
           October 1 through March 31 shall be immediately released;

           (4) The taking of salmon shall be in accordance with Fis 411;

           (5) 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;

           (6) The daily limit for all other species shall be as provided in Fis 403; and

           (7) No more than 6 ice fishing devices shall be used to take fish while ice fishing.

       (d) The taking of fish from this waterbody as referenced from Table 400.2 in Fis 407.01(d) shall
be subject to the following restrictions:

           (1) There shall be no closed season for all species;

           (2) All fish taken shall be immediately released unharmed to the water;

           (3) Atlantic salmon brood stock shall be taken by flyfishing only as specified in Fis 411;

           (4) All other fish shall only be taken with flies, as described in Fis 411, or an artificial lure
           that only has one hook having no more than one hook point; and

           (5) 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.
                                                                              Initial Proposal 6/5/07     18



       (e) The taking of fish from this waterbody as referenced from Table 400.2 in Fis 407.01(d) shall
be subject to the following restrictions:

            (1) There shall be no closed season for all species except smelt;

            (2) The open season for salmon shall be year round except that salmon taken from October 1
            through March 31 shall be immediately released;

            (3) Salmon shall be taken in accordance with Fis 411;

            (4) The daily limit for trout shall be 5 fish or 5 pounds of fish, whichever limit shall first be
            reached;

            (5) The taking of brook trout, lake trout, lake trout hybirds and salmon between 2 hours after
            sunset and one hour before sunrise shall be prohibited; and

            (6) The daily limit for all other species shall be as provided in Fis 403.

       (f) The taking of fish from this waterbody as referenced from Table 400.2 in Fis 407.01(d) shall be
subject to the following restrictions:

            (1) There shall be no closed season for all species;

            (2) All fish taken shall be immediately released;

            (3) All fish shall only be taken with:

                 a. Single hook artificial lures and flies; and

                 b. All hooks shall be barbless or have all barbs pinched.

            (4) The taking of brook trout, lake trout, lake trout hybirds and salmon between 2 hours after
            sunset and one hour before sunrise shall be prohibited; and

            (5) Fishing through the ice, from the ice or from any objected supported by the ice shall be
            prohibited.




Readopt with amendment Fis 410.01 through Fis 410.05 effective 1/1/06 (doc 8442) to read as follows:
                                                                            Initial Proposal 6/5/07      19


      Fis 410.01 Waters Included.

      (a) Interstate waters between New Hampshire and Maine subject to this part shall include:

           (1) Umbagog Lake in Errol/Cambridge, New Hampshire and Upton, Maine which shall
           include the waters of the Androscoggin River upstream of the Errol Dam, the waters of the
           Magalloway River within the state of New Hampshire and the waters of the Rapid River
           upstream to the marker at Cedar Stump in the State of Maine;

           (2) Province Lake in Effingham/Wakefield, New Hampshire and Acton/Newfield, Maine;

           (3) Balch Pond in Wakefield, New Hampshire and Parsonsfield, Maine;

           (4) Horn Pond, the northern terminus of which shall be delineated by signage, in Wakefield,
           New Hampshire and Acton, Maine;

           (5) Great East Lake in Wakefield, New Hampshire and Acton, Maine;

           (6) Milton Watershed in Milton, New Hampshire and Lebanon, Maine which shall include all
           of the Milton Three Ponds - Northeast Pond, Milton Pond and Townhouse Pond beginning at
           the dam in Milton to the influx of the Branch River and the Salmon Falls River;

           (7) Lower Kimball Pond in Chatham, New Hampshire and Fryeburg, Maine;

           (8) Spaulding Pond in Milton, New Hampshire and Lebanon, Maine; and

           (9) The Salmon Falls River in Wakefield, Milton, Rochester, Somersworth, and Rollinsford,
           New Hampshire and Acton, Berwick and South Berwick, Maine; including the upper reach of
           the Salmon Falls River which is defined as beginning at the outlet dam of Great East Lake,
           also known as State Line Canal, to a point downstream marked by signage delineating the
           northern terminus of Horn Pond.

      Fis 410.02 Ice Fishing Restrictions.

      (a) The open season for ice fishing except on Great East Lake as specified in Fis 410.06 and
Salmon Falls River as specified in Fis 410.05, shall be January 1 to March 31 for all species except
salmon.

      (b) No person shall take a salmon or cusk through the ice.

      (c) The daily bag limits shall be as follows:

           (1) Trout and lake trout, also known as togue, shall be 5 fish, but not more than 2 lake trout, 2
           rainbow trout, 2 brown trout or 2 brook trout except in Lake Umbagog as specified in Fis
           410.07;

           (2) Pickerel shall be 5 fish;

           (3) Bass shall be one fish;

           (4) Smelt shall be 2 quarts; and
                                                                             Initial Proposal 6/5/07     20



            (5) There shall be no bag limits on all other species of fish.

      (d) The minimum total lengths shall be as follows:

            (1) Lake trout, also known as togue, shall be 18 inches, except in Great East Lake as
            specified in Fis 410.06;

            (2) Brook trout shall be 6 inches, except in Lake Umbagog as specified in Fis 410.07;

            (3) Brown trout and rainbow trout shall be 10 inches in lakes and ponds;

            (4) Bass shall be 12 inches; and

            (5) There shall be no length or weight limits on all other species of fish.

      (e) No person shall use more than 5 lines to take fish except on Great East Lake no person shall
use more than 2 lines to take fish.

       (f) No dead or living pickerel, goldfish, yellow perch, white perch, bass, sunfish, crappie, horned
pout, carp or any spiny finned fish shall be taken, sold or possessed for use as bait for fishing in New
Hampshire-Maine interstate waters.

       (g) Smelt shall be taken only by angling in all interstate waters and their tributaries except in the
tributaries of Great East Lake the taking of smelt shall be closed.


      Fis 410.03 Open Water Restrictions.

       (a) The open water fishing season, except on the Salmon Falls River, shall be April 1 to November
30 except that in all lakes and ponds between October 1 and November 30, all trout, landlocked salmon,
lake trout, and black bass shall be released alive at once.

      (b) From April 1 to June 20, bass shall be taken only with artificial lures and flies.

      (c) The daily bag limits shall be as follows:

            (1) For lake trout, also known as togue, trout, and salmon the limit shall be 5 fish, but no
            more than 2 salmon, 2 lake trout, 2 rainbow trout, 2 brown trout, or 2 brook trout except in
            Lake Umbagog as specified in Fis 410.07;

            (2) For pickerel the limit shall be 5 fish;

            (3) For bass the limit shall be:

                  a. One fish from April 1 to June 20; and

                  b. Three fish from June 21 to September 30;

            (4) For smelt the limit shall be 2 quarts; and
                                                                              Initial Proposal 6/5/07      21


            (5) There shall be no bag limits on all other species of fish.

      (d) The minimum total length shall be as follows:

            (1) For salmon the minimum total length shall be 14 inches;

            (2) For lake trout also known as togue, the minimum total length shall be 18 inches, except in
            Great East Lake pursuant to Fis 410.06;

            (3) For brook trout the minimum total length shall be 6 inches, except in Lake Umbagog
            pursuant to Fis 410.07;

            (4) For brown trout and rainbow trout the total minimum length shall be 10 inches in lakes
            and ponds and 6 inches in rivers and streams;

            (5) For bass the minimum total length shall be 12 inches except that from June 21 to
            September 30 only one bass shall be greater than 14 inches; and

            (6) There shall be no length or weight limits on all other species of fish.

      (e) No person shall use more than 2 lines to take fish.

       (f) No dead or living pickerel, goldfish, yellow perch, white perch, bass, sunfish, crappie, horned
pout, carp or any spiny finned fish shall be taken, sold, or possessed for use as bait for fishing in New
Hampshire-Maine interstate waters.

      (g) In all interstate waters and their tributaries smelt shall be taken only by angling except as
follows:

            (1) In Lower Kimball Pond dip nets not over 18" in diameter shall be permitted between
            sunset and 12 midnight during the open water season; and

            (2) In the tributaries of Great East Lake the taking of smelt shall be closed.

        (h) The following restrictions shall apply to ice fishing shacks on the Maine/New Hampshire
interstate waters:

            (1) No person who owns any shack or temporary structure used for ice fishing shall place, or
            allow the shack or structure to be placed, on the ice more than 3 days before the waters on
            which the shack or structure is located are open to ice fishing;

            (2) All ice fishing shacks while on the ice shall be labeled on the outside in 2 inch letters with
            the name and address of the owner; and

            (3) Ice fishing shacks shall be removed from the ice within 3 days after those waters close to
            ice fishing.

        Fis 410.04 Closed Season. All interstate waters, except on the Salmon Falls River, shall be closed
to all fishing December 1 to December 31.
                                                                              Initial Proposal 6/5/07    22



      Fis 410.05 Salmon Fall River.

       (a) In the Salmon Fall River the exceptions to the general ice fishing and open water restrictions as
specified in Fis 410.02 and Fis 410.03 shall be as follows:

            (1) The open water fishing season for the Salmon Falls River shall be January 1 to December
            31; and

            (2) The Salmon Falls River shall be closed to ice fishing.


Readopt Fis 410.06 effective 1/1/06 (doc 8442) to read as follows:

      Fis 410.06 Great East Lake.

       (a) In Great East Lake the exceptions to the general ice fishing and open water restrictions as
specified in Fis 410.02 and Fis 410.03 shall be as follows:

            (1) The ice fishing season for all species shall be January 1 to March 31; and

            (2) The following length or weight restrictions by species shall apply:

                 a. Salmon taken during the open water season shall be 14 inches minimum total length;

                 b. Lake trout also known as togue, shall be 16 inches total minimum length;

                 c. Brook trout shall be 6 inches minimum total length;

                 d. Brown trout and rainbow trout shall be 10 inches minimum total length;

                 e. Bass shall be 12 inches minimum total length; and

                 f. There shall be no length or weight restrictions on all other species of fish.


Readopt with amendment Fis 410.07 effective 1/1/06 (doc 8442) to read as follows:


      Fis 410.07 Umbagog Lake.

      (a) In Umbagog Lake the following shall apply:

            (1) Salmon taken during the open water season shall be 14 inches minimum total length;

            (2) Lake trout shall be 18 inches minimum total length;

            (3) Brook trout, brown trout and rainbow trout shall be subject to the following:

                 a. An 18 inch minimum total length;
                                                                               Initial Proposal 6/5/07     23


                  b. A daily limit of one fish;

             (4) Bass shall be 12 inches minimum total length except as specified in (c); and

             (5) There shall be no length or weight restrictions on all other species of fish.

       (b) That portion of Umbagog Lake north of a straight line between Molls Rock, Errol, New
Hampshire and the red post between Spillman and Glassy Coves, Magalloway Plantation, Maine shall be
closed to ice fishing.

        (c) In the Magalloway River in the state of New Hampshire there shall be no size or bag limit for
bass.


Amend Fis 803.10 (b) and (c) effective 6/5/07 (doc #8893) to read as follows:


        Fis 803.10 Pathological Inspections for Fish.


        (b) The inspection shall be conducted only by persons certified as a fish health inspector or a fish
pathologist by the American Fisheries Society, under the Canadian fish health regulations, the World
Organization for Animal Health (OIE) or an employee of the fish and game department. A copy of the
certification shall be sent to the executive director.

       (c) The methods of disease diagnosis and the fish culture facility inspections shall follow the
procedures and the methods as described in the " Suggested Procedures for the Detection and
Identification of Certain Fish and Shellfish Pathogens", developed by the Fish Health Section (FHS) of
the American Fisheries Society, 2005 Edition, the "Fish Health Protection Manual of Compliance" of the
Department of Fisheries and Oceans, Canada or the Aquatic Animal Health Code and Manual of
Diagnostic Tests for Aquatic Animals, 9th edition, 2006, OIE. If more sensitive or more definitive
published procedures are available, they may be used, but any departures from the basic procedures set
forth by the FHS shall be noted on all associated inspection reports.

				
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