207:22 By Game Birds.
207:22-a Limitations for Persons Posting Property.
207:22-b Wildlife Damage Control Advisory Board.
207:22-c Wildlife Damage Control Program; Administration.
207:23 By Game.
207:23-a Damage by Bears or Mountain Lions.
207:23-b Preventative Measures to Alleviate Damage.
207:24 Appeal From Executive Director - 207:24 Repealed by 2021, 91:124, eff. July 1, 2021.
207:25 From Non-action.
207:25-a Department to Destroy Bears Doing Damage.
207:26 Killing by Land Owner of Bird or Animal Inflicting Damage.
207:27 Report of.
207:29 Disposition of Game, Etc., Killed.
207:30 Rights Reserved.
[Repealed 1999, 344:10, eff. Nov. 18, 1999.]
Former RSA 207:22, which was derived from 1935, 124:1 and RL 241:23, related to damage by game birds.
I. Any person whose land is posted pursuant to RSA 635:4 to prohibit hunting shall forfeit the right to participate in the wildlife damage control program established pursuant to RSA 207:22-c, or to receive payment pursuant to RSA 207:23-a, except that this limitation shall not apply in the following circumstances:
(a) To a person who posts only the person's land lying within 100 yards of a dwelling or other farm or outbuildings contiguous to the person's dwelling and used regularly by the person, or the person's family or tenant.
(b) To any person whose land is posted for the protection of crops only during the closed season for the type of game birds or animals for which the person seeks assistance from the wildlife damage control program.
(c) To any person who posts such person's land “Hunting by Permission Only”, provided that the names and addresses of the hunters who have received permission to hunt that land in that year shall be furnished when requested by the executive director, and that in the judgment of the executive director, the history of hunter access and hunter density represents a good-faith effort by the landowner to allow hunting.
II. Any person who has received payment pursuant to RSA 207:23-a shall forfeit the right to receive payment in a future year or growing season unless such person implements measures to prevent or mitigate future conflicts with bear that have been recommended in writing by the executive director or the executive director's agent.
Source. 1973, 532:9. 1999, 344:3, eff. Nov. 18, 1999. 2021, 91:122, eff. July 1, 2021.
[Repealed 2010, 368:1(47), eff. Dec. 31, 2010.]
Former RSA 207:22-b, which was derived from 1999, 344:4 and 2009, 107:1, related to the wildlife damage control advisory board.
There is established a wildlife damage control program which shall be administered by the executive director in cooperation with the United States Department of Agriculture and the New Hampshire department of agriculture, markets, and food. The program shall emphasize a comprehensive approach that integrates wildlife management and wildlife control methods and strategies and shall respond to conflicts between wildlife and human populations by stressing the importance of prevention of damage by initiating one or more of the following courses of action:
I. A general wildlife damage mitigation program:
(a) The general wildlife damage mitigation program shall address conflicts between wildlife and human populations by disseminating educational and technical information, and providing assistance. The program may make available various repellents, institute the loan of direct control devices and materials including electric fences and frightening devices, and make referrals to nuisance wildlife cooperators.
(b) Actions under this paragraph shall be of a temporary nature and may include any other nuisance control methods available, as determined by the executive director, or designee.
II. A cooperative fencing program:
(a) Commercial growers may participate in a cost-share-fencing program where the state pays for the full cost of fencing materials only. Under this program, the executive director may provide payment from funds designated for this program in the fish and game fund to an eligible commercial grower for the purchase of fencing materials.
(b) Commercial growers desiring to participate in the cost share program shall submit written applications to the executive director in such manner as prescribed by the executive director on or before April l of each year.
(c) Construction and maintenance costs of installed fences shall be the responsibility of the applicant.
(d) The failure of a commercial grower to properly install and maintain fencing purchased under this paragraph shall make the commercial grower ineligible to participate in this program until approved by the executive director.
(e) The executive director shall adopt rules pursuant to RSA 541-A to implement and execute the cooperative fencing program, which may include but not be limited to eligibility criteria, fencing specifications, funding levels, and inspection procedures.
(f) The provisions and penalties of RSA 641 concerning false statements shall apply to all reporting and documentation required pursuant to this paragraph.
(g) For purposes of this paragraph, a “commercial grower” means any person who grows an agricultural or horticultural crop from which the person has derived, or reasonably expects to derive, an annual gross income from the sale of crops normally produced of at least $2,500.
III. A depredation permit program:
(a) The executive director shall adopt rules, pursuant to RSA 541-A, regulating the issuance of depredation permits to kill animals causing damage to commercial crops or which pose a threat to human health and safety. Such rules shall address the method and manner of taking animals, the disposition of animals taken under such permits, as well as the qualifications necessary to participate in the program. Such qualifications shall include, but not be limited to, the provision of information concerning the history of damage, the record of preventative methods used in the past, and the public hunting access history.
(b) The depredation permit program shall include the issuance of pre-damage deer kill permits to commercial growers as defined in RSA 207:22-c, II(h) upon request to the director. Issuance of pre-damage deer kill permits will facilitate protection of qualifying crops at the onset of deer visitation to said crops. Any deer taken under this provision shall be subject to investigation by the local conservation officer to determine whether or not the potential existed at the time of taking for damage to have occurred. Depredation permits shall be issued following the procedures in this paragraph.
Source. 1999, 344:4. 2001, 42:1, 2. 2009, 107:2, 3. 2010, 368:24, eff. Dec. 31, 2010.
[Repealed 1999, 344:10, eff. Nov. 18, 1999.]
Former RSA 207:23, which was derived from 1935, 124:1; 1937, 109:1, 241:21; and 1947, 265:1, related to damage by game.
I. Any person engaged in the husbandry and sale of at least $1,000 in agricultural products as defined in RSA 21:34-a who suffers loss or damage to livestock, bees, orchards or growing crops,in an amount of $250 or more at the current wholesale value of the items, by bear shall, if he or she claims damage therefor, notify the executive director of fish and game in writing of such damage within 30 days of the discovery of such damage. The executive director or the executive director's agent shall investigate such claim within 30 days from the receipt of notice of such damage, and in accordance with RSA 541-A:29, determine whether such damage was caused by bear, and appraise the amount to be paid, and notify the claimant in writing of the determination.
II. If the person sustaining the damage claimed under this section is dissatisfied with the finding of the executive director, such person shall notify the executive director in writing, and an adjudicative proceeding shall be commenced pursuant to RSA 541-A:31.
III. If the person sustaining the damage is dissatisfied with the decision of the executive director following the adjudicative proceeding, a further appeal shall be available in accordance with RSA 541.
IV. The executive director, upon reaching final agreement with the claimant, or after the conclusion of an appeal, shall present a certificate of the amount of appraisal to the governor, who is authorized to draw a warrant upon any money in the treasury not otherwise appropriated in payment therefor.
V. The executive director shall, in accordance with RSA 541-A, adopt rules to administer this provision, to include:
(a) Criteria to determine whether a person engaged in the husbandry and sale of agricultural products as defined in RSA 21:34-a qualifies to be a claimant hereunder, provided that any such person who shall document gross sales of any qualifying crop of at least $1,000 in a calendar year shall be deemed to qualify as a claimant.
(b) Procedures used to receive and document claims of damage by bear from claimants, to include when the damage occurred, which qualifying crop is affected, and what losses may be fairly attributed to action by such bear;
(c) A method to determine the current wholesale value of items covered by this section, to be used in the process of investigating and adjudicating any claim;
(d) Procedures to be used in the conduct of adjudicative proceedings hereunder; and
(e) Criteria to be used to recommend preventive measures and mitigating measures that claimants may use to prevent future harm, and that will be used to determine whether claims in future years shall be allowed for payment.
Source. 1895, 121:2. PL 150:1. RL 180:1. 1955, 324:4. RSA 470:1. RSA 207:23-a. 1967, 81:2, eff. June 26, 1967; 189:1, eff. Aug. 8, 1967. 2021, 91:123, eff. July 1, 2021.
[Repealed 1999, 344:10, eff. Nov. 18, 1999.]
Former RSA 207:23-b which was derived from 1985, 220:1, related to preventative measures to alleviate damage.
If the person sustaining the damage pursuant to RSA 207:23-a is dissatisfied with the finding of the executive director, either as to the cause of the damage or the amount thereof, the person may appeal therefrom within 30 days to the superior court in the county where the damage was sustained.
Source. 1935, 124:1. RL 241:22. 1999, 344:5, eff. Nov. 18, 1999.
[Repealed 1967, 189:2, eff. Aug. 8, 1967.]
Former RSA 207:25, which was derived from 1935, 124:1 and RL 241:23, related to appeals in the event the director failed to investigate or determine the cause or amount of damage to property.
[Repealed 1981, 79:1, eff. June 2, 1981.]
Former RSA 207:25-a, which was derived from 1975, 64:1, related to killing bears captured while doing or after having done damage to a person or livestock.
A person may pursue, wound or kill, on land owned or occupied by such person, any unprotected bird or wild animal which the person finds in the act of doing actual and substantial damage to poultry, crops, domestic animals, or the person's property, and may authorize a family member, employee, or other person requested to do so under the provision of a depredation permit issued by the executive director pursuant to RSA 207:22-c, III.
Source. 1935, 124:1. 1937, 188:6. RL 241:24. RSA 207:26. 1977, 247:13. 1999, 344:6, eff. Nov. 18, 1999.
The person by whom or under whose direction any game or fur-bearing animal is wounded or killed shall, within 12 hours, report all facts relative thereto to the nearest conservation officer or to the executive director. Such report shall state the time and place of wounding or killing and the nature and amount of property destroyed.
Source. 1935, 124:1. RL 241:25.
The conservation officer who receives such notice shall immediately investigate the report and satisfy himself whether the game or fur-bearing animal has been wounded or killed, as reported.
Source. 1935, 124:1. RL 241:26.
Any game or fur-bearing animal killed or wounded as provided in this subdivision shall, in the discretion of the executive director, be returned to the person who killed the same, be given to some charitable institution, or otherwise disposed of.
Source. 1935, 124:1. RL 241:27. 1999, 344:7, eff. Nov. 18, 1999.
The provisions of this subdivision shall not impair the constitutional rights of persons to protect themselves or their property from injury or destruction by wild birds, game, or fur-bearing animals, protected by the laws of this state.
Source. 1935, 124:1. RL 241:28.