New Hampshire Code of Administrative Rules
Fis - Executive Director, Fish and Game Department
Chapter Fis 1000 - CONSERVATION OF ENDANGERED AND THREATENED SPECIES
Part Fis 1001 - PROTECTED SPECIES
Section Fis 1001.05 - Bats in Structures

Universal Citation: NH Admin Rules Fis 1001.05

Current through Register No. 40, October 3, 2024

(a) Except as set forth in this section, no person shall take a bat listed in Fis 1001.01 or Fis 1001.02.

(b) Between the dates of May 15 and August 15, inclusive, in any year, no bat listed in Fis 1001.01 or Fis 1001.02 shall be removed or excluded from any structure occupied by humans or livestock unless:

(1) Action is taken pursuant to (c) below;

(2) Between the dates of May 15 and August 15, inclusive, in any year a licensed wildlife control operator reports in writing to the department that no bat pups were present in the structure at the time removal or exclusion techniques were employed; or

(3) Between the dates of August 1 and August 15, inclusive, in any year a licensed wildlife control operator reports in writing to the department that bat pups were observed flying for 2 weeks or more prior to the time removal or exclusion techniques were employed.

(c) Pursuant to RSA 212-A:7, II and 50 C.F.R. Part 17.40(o) , individual bats, including those listed in Fis 1001.01 and Fis 1001.02 above, may be removed or excluded at any time from any man-made structure in order to:

(1) Protect the health and safety of the occupant(s);

(2) Prevent the transmission of disease; or

(3) To comply with the requirements of 21 U.S.C. Section 331, et. seq. and regulations at 21 C.F.R. Part 507.17 and 507.19 designed to prevent the contamination of food or agricultural products meant for human or animal consumption.

(d) Unless acting pursuant to Fis 1001.05(c), bats shall be controlled exclusively by exclusion techniques.

(e) All persons acting to exclude bats shall do so in accordance with the publication "Acceptable Management Practices for Bat Control Activities in Structures - A Guide for Nuisance Wildlife Control Operators", dated April 1, 2015, available as noted in Appendix A.

(f) Any action taken by a wildlife control operator licensed pursuant to Fis 308 on a bat shall be reported to the department as required by Fis 308.06, including information as to whether the specimen was transmitted to the department of health and human services for testing, and the result of the test.

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