Biological Diversity Policy

New Hampshire does not have a formal biodiversity policy. The state does, however, have several policies that recognize the importance of biological diversity and natural resource conservation. A Forest Resources Plan is being developed by the Division of Forest and Land that is considering the issues of forest preservation and biodiversity. In addition, the legislature has recognized the importance of wetlands and rivers as providing habitat for wildlife and other ecological resources. (N.H. Rev. Stat. Ann. 482-A:1)

Status of Biodiversity Science

New Hampshire does not have a coordinated assessment system in place. Instead, the state utilizes its Natural Heritage database and GAP. GAP is run in cooperation with Vermont. The Department of Fish and Game has an information system on wildlife entitled the Wildlife Information of the Granite State-New Hampshire. Although this system is not linked to a GIS or on-line service, information has been used for the GAP vertebrate distribution layer. Information on the status of biodiversity in the state is being assessed by a scientific committee, with whom the Department of Fish and Game is working. The next step of the committee is to explore the concept of a biodiversity policy and ecological reserve systems. New Hampshire recently completed an assessment of the state of its biodiversity. A report will be published in the summer of 1996, and is the result of a combined effort of the University of New Hampshire faculty, state agency and conservation organization staff.

Endangered Species

New Hampshire has an Endangered Species Conservation Act that protects all nondomesticated species of wildlife indigenous to the state. (N.H. Rev. Stat. Ann. 212-A:1 et seq.) Listings are based on scientific, commercial and other available data. Recovery plans and critical habitat designation are not required. State agency consultation is mandated. Penalties include fines of up to $1,000 and/or imprisonment of up to one year.

For plants, the Native Plant Protection Act protects indigenous plant species. (N.H. Rev. Stat. Ann. 217-A: 2 et seq.) Listing is based on the best available scientific and commercial information. Recovery plans and critical habitat designation are not required, although state agency consultation is required. The penalty for violation is forfeiture of the property. The law has very little, if any, effect on private landowners.

State Agency Management for Biodiversity

State-owned Lands

Some state agencies plan and manage their lands in a biologically sustainable manner. State statutes require that parks and forests be preserved and protected for their natural value. (N.H. Rev. Stat. Ann. 216-A:2; 218:5) In addition, lake management and protection plans must include provisions for the conservation of wildlife, fish habitat and other significant natural areas. (N.H. Rev. Stat. Ann. 483-A:7) The Fish and Game Department and the Division of Forest and Lands have appointed an Ecological Reserve Steering Committee to develop a blueprint for a reserve system that will help protect biodiversity.

Cooperative Efforts

The state also engages in cooperative efforts to improve land management across ownership boundaries. For example, the Rivers Management and Protection Program works with the Office of State Planning on shoreline protection issues. (N.H. Rev. Stat. Ann. 483:10 et seq.) The state is also a member of the Connecticut River Atlantic Salmon Compact.

State Agency Training

New Hampshire does not have identified programs of agency personnel training for biodiversity.

Impact Assessment

New Hampshire does not have a "little NEPA." However, state agencies are required to submit site specific projects to the Natural Heritage Inventory for review before beginning any activity that alters the environment. In addition, the Wetlands Board evaluates development plans for their effects on wetlands. (N.H. Code Admin. R. 301.04)

Habitat Acquisition

New Hampshire has few programs designed to acquire land for wildlife and habitat values. One example, however, is the New Hampshire Land Conservation Investment Program which allows the state to purchase private land to protect wildlife habitat. (N.H. Rev. Stat. Ann. 221A:2) The State Migratory Waterfowl Stamp program generates monies for the acquisition of migratory waterfowl habitat. (N.H. Rev. Stat. Ann. 214:1-d) The fund is a nonlapsing account. Specific levels of funding were not available.

Private Land Conservation

New Hampshire offers private land incentives for the protection of wildlife. For example, conservation easements are authorized by statute. (N.H. Rev. Stat. Ann. 227-E:2) The New Hampshire Conservation Restriction Assessment Act allows the state to put permanent conservation restrictions on land for open space that has significant value as wildlife habitat. (N.H. Rev. Stat. Ann. 79-B:4) Tax credits are given to land designated as open space.

Exotic Species

New Hampshire has some provisions designed to control the introduction and spread of exotic species. (N.H. Code Admin. R. Fis. 801.07, 801.12) For example, the importation of fish, birds, wildlife or eggs is prohibited without a permit. (N.H. Rev. Stat. Ann. 207: 14 et seq.; N.H. Code Admin. R. Fis. 803.05) The New Hampshire Seed Law prohibits the introduction of noxious weed seeds. (N.H. Rev. Stat. Ann. 433:1 et seq.) Nonnative aquatic flora are controlled by the New Hampshire Clean Lakes Program, which attempts to prevent the further introduction of exotics and manage or eradicate existing infestations in state waters. (N.H. Rev. Stat. Ann. 487:21)

Predator or Animal Damage Control Activities

New Hampshire has an animal damage control program that is run primarily by the federal government. A cooperative agreement provides for the management of bear, deer, game and other nuisance wildlife. The program focuses on providing technical assistance, damage assessment and animal control recommendations. A bill to ban the use of leghold traps and conibear traps was defeated in the 1995 legislative session.

Additional Legal Protections for Biodiversity

No constitutional or common law protcctions were identified by the research.

Related Issues

New Hampshire has some programs of environmental education, such as Project WILD and landowner education programs. In addition, the state is expected to publish a wildlife viewing guide in 1996.

The Wetlands Board has a policy established by regulation that preserves the integrity of surface waters of the state. (N.H. Code Admin. R. 401.02) A major element of this policy requires that structures be built in a manner that avoids changes to subsurface conditions that would be deleterious to fish and wildlife habitat.

New Hampshire does not currently have a takings law. A bill was defeated in the 1995 legislative session that would have required the attorney general's office to prepare a system for assessing impacts on property values before any state rules or regulations were passed.

Contacts:

Department of Agriculture
P.O. Box 2042
Concord, NH 03302-2042
603-271-3551

New Hampshire Fish and
Game Department
2 Hazen Dr.
Concord, NH 03301
603-271-1438

University of New Hampshire
Cooperative Extension
59 College Rd.
Taylor Hall
Durham, NH 03824-2618
403-862-1520