N.H. Admin. Code § Fis 810.02

Current through Register No. 50, December 12, 2024
Section Fis 810.02 - Requirements for Permit to Exhibit Wildlife
(a) No permanent exhibition of live wildlife shall be located within 100 feet from the center line of any highway, road or street.
(b) Permits to exhibit shall expire on December 31 of the calendar year of issuance unless sooner revoked.
(c) A permit to exhibit shall be valid only for the fixed or mobile facility described in the application and the permit shall not be transferable or assignable.
(d) If applicable, the permittee shall possess all of the required federal permits and comply with all the laws and rules set forth by such permit for wildlife regulated by the United States Department of Agriculture and the USFWS. Possession of a federal permit shall not allow the possession of species that are prohibited by the state of New Hampshire.
(e) The permittee shall provide at all times the necessary protection to the wildlife to ensure its well being while in the public view and shall also conform with all requirements of this part.
(f) The permittee or the permittee's designee shall be present at the location where the wildlife is being exhibited.
(g) If the exhibition of wildlife is mobile or transitory in nature, the permittee shall provide, at least 48 hours in advance, a list of exhibition dates and locations in the state. A copy or fax of the itinerary required by the USDA which includes all exhibition dates and location in and out of state may be faxed or mailed to the department in lieu of making up a new list for instate locations only.
(h) Exhibitions, enclosures or cages not regulated by the United States Department of Agriculture shall conform to the pertinent enclosure or caging requirements for wildlife under Part Fis 804.
(i) A person with a permit to exhibit wildlife shall allow the executive director or the executive director's agents to inspect the enclosures, cages, exhibition facilities, wildlife and all pertinent reports to ensure compliance with the requirements of this chapter. Such inspection shall be undertaken at a reasonable time.
(j) No exhibitor shall import, acquire or add any new wildlife if the exhibitor is in direct non-compliance pursuant to USDA regulations or is not in compliance with the fish and game rules.
(k) Direct non-compliance means that the wildlife is being handled in such a way as to be a risk to the animal or the public and includes, but is not limited to:
(1) Unsafe shelter or enclosure;
(2) Potential for escape exists;
(3) Wildlife in immediate need of veterinary care;
(4) Spoiled food or other nutritional issues; and
(5) Improper ventilation for indoor housing.
(l) Exhibitors of venomous reptiles shall provide the department and their local EMS provider with an emergency procedures protocol to be followed in the event of a bite inflicted by a venomous reptile to include contact information for the source of anti-venom for each species in possession.
(m) Exhibitors of venomous reptiles shall provide written documentation of membership in an approved venom bank.
(n) Exhibitors of venomous reptiles shall micro-chip, for identification purposes, any specimens listed on the state's threatened or endangered species list pursuant to Fis 1001.01(a) and Fis 1002.02(a).
(o) Exhibitors of venomous reptiles shall notify the department within 48 hours of any changes in inventory of venomous reptiles as a result of acquisition, reproduction and mortality.
(p) Specimens of reptiles listed in the threatened or endangered species list and in the possession of a permitted exhibitor shall not be sold or given away and shall be kept in compliance with RSA 212-A.

N.H. Admin. Code § Fis 810.02

#6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07

Amended by Volume XXXV Number 27, Filed July 9, 2015 , Proposed by #10868, Effective 6/25/2015, Expires12/22/2015.
Amended by Volume XXXVI Number 06, Filed February 11, 2016, Proposed by #11029, Effective 1/26/2016, Expires 1/26/2026.