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.
207:25 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[Repealed 1999, 344:10, eff.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.
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:
I. 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.
II. 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.
III. 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.
Source. 1973, 532:9. 1999, 344:3, eff. Nov. 18, 1999.
[Repealed 2010, 368:1(47), eff.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.
A person who suffers loss or damage to livestock, bees, orchards or growing crops, by bear or mountain lion, shall, if he claims damage therefor, notify the executive director of fish and game in writing of such damage. The executive director or his agent shall investigate such claim within 30 days from the receipt by him of notice of such damage, and within one year determine whether such damage was caused by bear or mountain lion, and appraise the amount to be paid. The executive director, immediately upon making any appraisal of damage thereof, shall present his certificate of the amount of appraisal to the governor, who is authorized to draw his warrant upon any money in the treasury not otherwise appropriated in payment therefor.
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.
[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.