N.H. Admin. Code § Fis 1301.03

Current through Register No. 44, October 31, 2024
Section Fis 1301.03 - Application and Examination Procedures
(a) Applicants seeking any type of guide license shall submit to fish and game headquarters, 11 Hazen Drive, Concord, N.H. 03301, a completed "Guides License Application" including the following:
(1) The applicant's:
a. Name, including a maiden name if applicable;
b. Mailing address;
c. Legal residence address;
d. Telephone number;
e. Date of birth;
f. Alias;
g. Gender;
h. Height;
i. Weight;
j. Hair color;
k. Eye color; and
l. Current New Hampshire hunting or fishing license number.
(2) The business name, address, email address, and telephone number, if applicable;
(3) An indication if the applicant has previously been licensed as a guide and if so, in what state, for how many years, and what was the last year the applicant was licensed as a guide;
(4) An indication if the applicant will be using boats and canoes while guiding;
(5) A statement explaining how much experience the applicant has with handling boats, motors, and canoes and familiarity with map and compass;
(6) Documentation that the applicant has taken and successfully completed a hunter safety course if applying for a hunting guide license;
(7) Documentation that the applicant is currently certified in, at minimum, a basic first aid course and cardiopulmonary resuscitation course which requires individuals to perform the practical skills in the course in order to be certified;
(8) An indication if the applicant has been convicted of any violation or crime within the last 7 years, the nature of any convictions and in what state; and
(9) An acknowledgement that prior to approval of the application:
a. The applicant will be subject to a criminal records background check;
b. Further information may be required to explain the answers provided to any of the items noted above; and
c. An examination will be conducted at fish and game headquarters for any applicant who does not currently possess a New Hampshire hunting guide license or fishing guide license;
(10) A signed and notarized department of safety "Criminal History Record Information Release Authorization Form" DSSP 256, effective 7/15/16, to allow the department to perform a criminal background check of the applicant in accordance with (9) above;
(11) The signature of the applicant subject to the penalties for making unsworn false statements under RSA 641:3, certifying to the following:
a. The applicant understands and will comply with all pertinent New Hampshire statutes and rules relative to guides and guiding;
b. If applying for a resident guide license of any type, the applicant is a resident of the State of New Hampshire as defined in RSA 207:1, XXIII, or if a resident over 65 guide license, the applicant is also 65 years of age or older and has been a licensed hunting or fishing guide in New Hampshire for five or more years;
c. The applicant's privileges to fish, hunt, trap, guide, take or land lobsters, or engage in commercial fishing activities are not under suspension or revocation in any state or province; and
d. The applicant is aware that conviction of certain felonies in any state or province prohibits the possession of a firearm or other dangerous weapon; and
(12) A 4 inch by 9 1/2 inch self-addressed, stamped envelope.
(b) The fee for the fishing guide license or hunting guide license pursuant to RSA 215:5, II shall be:
(1) Resident over 65 hunting guide, $5.00;
(2) Resident over 65 fishing guide, $5.00;
(3) Resident hunting guide, $100.00;
(4) Resident fishing guide, $100.00;
(5) Nonresident hunting guide, $100.00; and
(6) Nonresident fishing guide, $100.00.
(c) Pursuant to RSA 541-A:29, within 30 days of the receipt of the guide license application, it shall be examined for errors or omissions, and the applicant shall be notified by ordinary mail of such errors or omissions, and the name, address, official title, and telephone number of a department employee who may be contacted regarding the application.
(d) Within 60 days of the receipt of a guide license application, any applicant who:
(1) Meets all the requirements set forth in Fis 1301.03(a) and has not been denied licensure pursuant to Fis 1304(d)(7) shall be approved to sit for the practical skills examination; or
(2) Fails to meet the requirements set forth in Fis 1301.03 shall be denied a license, and have the application and fee returned without further action, subject to the right of the applicant to seek an appeal of the decision under Fis 1305.
(e) Each applicant for an initial hunting guide license or fishing guide license shall take and successfully pass both a written and oral examination administered at the fish and game department at a date and time scheduled by the department, under the following conditions:
(1) The written examination shall require a passing grade of 75%. Any applicant successful in passing the written examination shall attend an oral examination within the following twelve months, failing which the application shall be denied;
(2) The oral examination shall be graded as a pass or fail, and shall test an individual's practical skills, knowledge, and abilities in hunting for a hunting guide license applicant or fishing for a fishing guide license applicant;
(3) The oral examination shall be conducted by at least 2 and no more than 3 examiners, of which 2 members shall be active or retired conservation officers from the fish and game law enforcement division, and one currently licensed hunting or fishing guide chosen by the executive director or designee;
(4) Any applicant unsuccessful in passing the written exam shall be allowed to retest, at the next available date scheduled by the department, but in no event sooner than 60 days from the date of original examination;
(5) The application of any person failing a second written or oral examination shall be denied in writing, subject to the right of the applicant to seek an appeal of the decision under Fis 1305; and
(6) No person who has failed a second written or oral examination shall be approved to sit for a practical skills examination for a period of one year from the date of the second failed examination.

N.H. Admin. Code § Fis 1301.03

Derived from Volume XXXIX Number 19, Filed May 9, 2019, Proposed by #12761, Effective 5/1/2019,Expires 5/1/2029.