Sources: New Hampshire Revised Statutes Annotated 1955, 1989 Replacement Edition, Title XVIII, Chapters 206 through 214; 1992 Cumulative Supplement.
STATE WILDLIFE POLICY
The Legislature finds: species of wildlife normally occurring within this state found to be in jeopardy should be accorded protection necessary to maintain and enhance their numbers; the state should assist in the protection of species of wildlife determined to be threatened or endangered elsewhere pursuant to the Endangered Species Act by prohibiting the taking, possession, transportation or sale of endangered species and by carefully regulating such activities with regard to threatened species. Exceptions for the purpose of enhancing the conservation of such species may be permitted as set forth in this chapter (212-A:3).
The Legislature finds that New Hampshire's wildlife resources include more than 300 vertebrate species which normally breed in the state, and 120 bird species which occur as transients, migrants, or wintering populations. Of these 420 species, about 60 are considered fur-bearers, game birds or mammals, or sport fish. Native wildlife constitutes an invaluable natural resource with ecological, scientific, educational, historical, recreational, economic and aesthetic values to state citizens. It shall be the policy of the state to maintain and manage this resource for future generations (212-B:2). (See PROTECTED SPECIES OF WILDLIFE.)
The wild black bear has played a vital role in the development and history of the state and is recognized as a valuable game and wildlife resource. It is recognized that bears should be accorded such protection as is necessary to maintain and enhance their numbers (208:24). (See also Agency Funding Sources under STATE FISH AND WILDLIFE AGENCIES; HUNTING, FISHING, TRAPPING PROVISIONS; and ANIMAL DAMAGE CONTROL.)
PROTECTED SPECIES OF WILDLIFE
No person shall at any time, hunt, take, or possess, any caribou, or elk, or any part of the carcass taken in this state. No person shall hunt, take or possess any moose or any part of the carcass taken in this state without a license. The Director may establish a hunting season for moose in any county, including methods of taking and requirements for reporting, sex limitations, and total take in any one year. This authority shall expire on December 31, 1996. The Director may adopt rules regulating the issuance of licenses or permits for moose. Prior to the establishment of any hunting season for moose, the Director shall implement a comprehensive moose management program to include: education of the public as to the biological status and management needs; research to determine the population, distribution, and future trends and needs of the state moose herd; management measures, which may include hunting as well as habitat enhancement, to promote a healthy moose population. Every two years the Director shall report in writing to the legislature, Governor and Council the status of the moose in the state and the performance of the moose management program (208:1 and :1-a). (See also Agency Funding Sources under STATE FISH AND WILDLIFE AGENCIES.)
No person shall, at any time, shoot, hunt, take or possess any mountain lion or any part of the carcass, except when acting in protection of person or property (208:1-b). The Director may, should mountain lions become a nuisance in any part of the state, authorize measures necessary for control (208:1-c). No person shall, at any time, shoot, hunt, take or possess, any Canadian Lynx or part taken in this state, except when acting in protection of person or property (208:1- d). The Director, after consultation with the Commission, shall open and close seasons for taking wild deer, fix number and sex limitations, and any other conditions governing the methods and manner of taking and reporting deer, subject to other statutory provisions, such authority to be exercised for the state as a whole or for any specified county or part thereof, and shall expire December 31, 1997. The Director shall report annually to the House and Senate committees with jurisdiction over the Department on the condition of the deer herd, the preceding year's harvest and the herd's general status (208:2). (See also Restrictions on Taking: Hunting and Trapping, HUNTING, FISHING, TRAPPING PROVISIONS.)
There shall be no open season for European partridge, spruce grouse, chukar partridge, upland plover, ptarmigan and mourning dove (209:4). No person shall hunt, capture, kill, take, possess, buy or sell any protected bird or part except as otherwise provided. No person shall hunt, capture, kill, take or possess any golden or bald eagle, nor molest or disturb their nests or young. No person shall take, have in possession or under control, wantonly interfere with or destroy any nest or eggs of any game birds or protected birds (209:8 through :10) (See ANIMAL DAMAGE CONTROL.)
The Director shall conduct investigations on wildlife species to develop information relating to population, distribution, habitat needs, limiting factors and other biological and ecological data to determine conservation measures necessary for their continued ability to sustain themselves successfully, and shall adopt rules and develop conservation programs designed to insure the continued ability of wildlife species deemed in need of conservation to perpetuate themselves successfully, and on the basis of ongoing investigations of endangered and threatened species, from time to time amend such rules. The Director shall establish limitations relating to taking, possession, transportation or sale to conserve threatened or endangered species. Except as otherwise provided, it is unlawful to take, possess, transport or sell wildlife in need of conservation or for any common/contract carrier knowingly to transport same. The Director and the Director of Safety Services may independently or in concert adopt and enforce rules temporarily restricting boat traffic on any state waters as either director deems necessary to protect any threatened or endangered species in the earliest stages of life (212-A:5).
Any species determined to be an endangered or threatened species pursuant to the Endangered Species Act shall be deemed to be an endangered or threatened species under this chapter. The Director may determine whether a threatened species under the Endangered Species Act is endangered throughout all or any portion of its range within this state. In addition to species under the Endangered Species Act, the Director may by rule determine whether any species normally occurring within the state is endangered or threatened because of: present or threatened destruction, modification or curtailment of its habitat or range; disease or predation; overutilization for commercial, sporting, scientific, educational purposes; other natural or man-made factors affecting its continued existence within the state. Within two years the General Court must ratify said action when it pertains to a commercial or sporting species. If ratification does not take place in the first session of the General Court following listing or within two years, whichever comes first, the species shall be removed from the list for two years or until the General Court ratifies the listing. No species shall be determined endangered or threatened based solely on its rarity. Other than species determined to be endangered or threatened under the federal Endangered Species Act, the Director may not add a species to or remove a species from any list published unless the Director first: notifies the Governor of any state sharing a common border and in which the subject species is known to occur that such action is being proposed, except where an emergency situation exists involving the continued existence of such species as a viable component of the state's wildlife when the Director may temporarily add species to the list after publishing notice of emergency and a summary of facts in support, such addition to be made permanent by rule adoption; considers the actions being carried out or about to be carried out by the federal government, other states, other state agencies or any other person which may affect the species under consideration, in making the determination whether endangered or threatened. The Director shall adopt rules containing a list of all species normally occurring within this state determined to be endangered or threatened, and shall specify over what portion of its range each species is threatened with extinction. Except for species listed under the Endangered Species Act, the Director shall, upon petition of an interested person who presents substantial evidence that so warrants, review any listed/unlisted species proposed to be removed from or added to the published lists and give public notice of the review (212-A:6).
It is unlawful, with endangered or threatened species, to: export same from state; take/kill such species within this state; possess, process, sell or offer for sale, deliver, carry transport or ship by any means such species; violate any rule adopted pertaining to the conservation of such species. The Director may permit any act otherwise prohibited for scientific purposes or to enhance the propagation or survival of the affected species (212-A:7). Any law, regulation or ordinance of any state political subdivision which applies with respect to the taking, importation, exportation, possession, sale, processing or transportation of endangered or threatened species is void to the extent that it may effectively: permit what is prohibited herein or by any rule; prohibit what is authorized pursuant to an exemption or permit provided by this chapter or any rule. This chapter shall not be construed to void any law, regulation or ordinance of any state political subdivision which is intended to conserve wildlife or plants (212-A:8). (See also HABITAT PROTECTION.) Violations: deemed violations, except that illegal export, taking, possession, sale, transport or shipping of endangered/threatened species, failure to obtain a scientific permit, or violation of permit terms are misdemeanors (212-A:10). Equipment, merchandise, wildlife or records seized in enforcement of endangered/threatened species provisions shall be held pending case disposition, and if the defendant is found guilty, forfeited to the state for destruction or disposition as the Director provides. Prior to forfeiture, wildlife so seized shall be transferred to a qualified zoological, educational or scientific institution for safekeeping, costs to be assessed to the defendant if convicted (212-A:11). None of these provisions shall apply retroactively or prohibit importation into this state of wildlife which may be lawfully imported into the US, or lawfully taken and removed from one state to another, or prohibit entry into this state or the possession, transportation, exportation, processing or sale of lawfully taken wildlife threatened/endangered in this state but not in the state of origin. This section does not permit the possession, transportation, exportation, sale or shipment within this state of species determined to be endangered/threatened under the Endangered Species Act (212- A:12).
No rule promulgated under these provisions shall cause undue interference with normal agriculture or silvacultural practices, nor interfere with the siting or construction of any bulk power or energy supply facility. The Director shall disseminate any scientific data to organizations representing farmers and other landowners whose land includes habitat used by any endangered or threatened species, indicating that action is contemplated to preserve such species, this information to be made available well in advance of any action taken to preserve the endangered/threatened species. On the effective date of this chapter, with the exception of expenditures then authorized from the Fish and Game Fund, no funds used to carry out these provisions shall be derived from license fees of hunters, fishermen, trappers or from taxes on the sale of equipment unless the species for which the funds are expended have been legally hunted, fished or trapped within the previous five-year period (212-A:13 and :15).
The Director, with Commission consent, may adopt rules regulating the taking, possession and handling of nongame species, including rules for the enhancement, protection and propagation of nongame species (212-B:4). The Director shall develop and implement a comprehensive nongame species management program that may include, but not be limited to: education of the public regarding New Hampshire's nongame resources; research to determine the populations, distribution, future trends and needs of nongame species; management measures to maintain and promote the health of self-sustaining nongame populations. The Director may establish programs, including acquisition of land or aquatic habitat or interests therein, for the conservation of nongame species, consult with other states having a common interest in particular nongame species and enter into agreements with federal or state agencies, other states, individuals or corporations to conserve nongame species (212-B:5). (See Agency Funding Sources under STATE FISH AND WILDLIFE AGENCIES.)
HABITAT PROTECTION
No person by means of opening gates or dams, other than in the ordinary use of an established water privilege, shall draw down the water in any stream, lake or pond to a degree which will endanger fish life until prior notice in writing has been given to the Director so that the Department may take out the fish in the waters. These provisions do not apply to privately owned lakes or ponds (211:11 and :12).
Fish passage facilities shall be constructed and maintained at existing dams or obstructions in accordance with the following procedure: after determining that a fish passage facility is needed, the Director shall request the Governor to appoint a commission of three disinterested state citizens to review this determination; the commission shall hold public hearings to determine the desirability of providing fish passage facilities over the dam or obstruction; the commission shall report its findings to the Governor with recommendations; the Governor, with the Council's advice shall determine the divisions of costs of construction, the state's share to be a charge on the Fish and Game Fund; the Director shall determine the actual design and location of the fish passage facility; the dam owner shall operate the fish passage facility to allow fish passage during normal migration periods; any party to the proceedings may apply for a rehearing or appeal. The Director or agent may enter and inspect any dam or impoundment to insure adequate installation, maintenance and operation (211:8-a and :8-b).
Whoever unlawfully discharges contaminants into state inland or coastal waters shall be liable to the state for any damage to the fish, other aquatic life and wildlife or their habitat in said waters caused by such contamination. Upon learning of such damage by contamination, the Director shall investigate and determine the party responsible, and shall compute the damages based on tables for each species of fish as promulgated by the Department and by other reasonable and accurate means. The Director shall calculate the value of fish and other aquatic life or wildlife or their habitat destroyed using standard procedures and other reasonable and accurate means for estimating the value of fish populations and other aquatic life or wildlife or their habitat. The Director shall notify the Water Supply and Pollution Control Commission or any other agency authorized by law to seek injunctive relief against water pollution if the contamination is a continuing offense. When the damage to fish, aquatic life or wildlife or their habitat so warrants, the Director shall request the Attorney General to institute an action at law for damage. Damage moneys received shall be credited to the Fish and Game Fund (211:71 through :74).
The Director shall establish programs, including acquisition of land or aquatic habitat or interests therein, for the conservation of endangered/threatened species, and shall utilize all authority vested in the Department for these purposes. The Director shall consult with other states having a common interest in particular threatened/endangered species and may enter into agreements with federal agencies, other states, or private persons to conserve such species. All other state departments and agencies, to the extent possible, shall assist and cooperate with the Director in the furtherance of these purposes for the conservation of endangered/threatened species, and shall insure that actions authorized, funded or carried out by them do not jeopardize the continued existence of such species or result in the destruction or modification of habitat of such species determined by the Director to be critical. These provisions do not apply when a state agency is required by federal law to address the environmental impact on wildlife or wildlife habitat (212-A:9). (See PROTECTED SPECIES OF WILDLIFE for nongame wildlife habitat provisions.)
The state may acquire title to or control of lands or waters, or hunting or fishing or other rights on private lands or waters, suitable for the protection and propagation of fish, game and fur- bearing animals, or for fishing, hunting or administrative purposes, by purchase, lease or gift. Whenever the Governor and Council believe it is expedient for the state to own any lands or water rights needed for protection and propagation of fish and game, and when it is unable to purchase the same for a reasonable price, it may enter upon and take the same by condemnation (212:1 and :2). The Director, with approval of the Governor and Council, may pay a fair price for waters, lands or rights therein required for establishment of fish hatcheries, game farms, game refuges, propagation of fish, game and fur-bearing animals, for fishing or hunting, and may expend during any year only such total sum as may be appropriated and shall report such acquisitions to the Senate President and Speaker of the House. The Director, with the Governor's consent, may authorize the sale or exchange of state lands for privately owned lands of equal or greater value, and suitable for the protection and propagation of fish, game and fur- bearing animals, or for fishing, hunting or administrative purposes. Lands to which title has been acquired by the state, or leased, may be used for creating and maintaining game refuges, or for the propagation of fish, game or fur-bearing animals, or administration thereof. The Director, after consultation with the Director of the Division of Forests and Lands, may cut, remove and sell timber on state lands, or sell buildings or other improvements with the Governor's approval (212:8 through :10).
The Director, in conjunction with the Commissioner of Agriculture, may establish and maintain state fish and game refuges for the protection and propagation of fish, game and fur-bearing animals, wherein such animals shall not be hunted, pursued, taken, disturbed or molested except as provided by the Director by regulation, and may, with consent of the proper authorities, establish such refuges on state forests, national forests or otherwise publicly owned lands or waters. They may establish such refuges on privately owned lands with the consent of the owner and abutters. No such refuge shall exceed one-half of the total area of the state or national forest on which it is located, nor exceed 2,500 acres if not located on a state or national forest. No such refuge exceeding 500 acres in area shall be established within 10 miles of another refuge (212:11 and :15). Each game refuge shall be surrounded by a well defined line, road or cleared strip of land, or fenced, and posted. A person found upon a state game refuge, or upon land established as an area for game propagation, having in possession a loaded firearm is guilty of a misdemeanor. The state may acquire by purchase, lease or gift, hunting and fishing rights to lands or waters and rights of access suitable for public hunting and fishing grounds. The Director may formulate, adopt and post rules for the government of lands and waters under the Director's control, including state game refuges, for the protection and propagation of fish, game, fur-bearing animals and marine species. Violation: a misdemeanor (212:16 through :20).
Any person who violates the provisions of 265:102 which relate to the placing of refuse into or on the ice over any public water, streams or watercourse, approaches thereto or bordering land may, in addition to other penalties, lose a fishing or hunting license for the current year (214:18- a).
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