TITLE XVIII
FISH AND GAME

Chapter 206
FISH AND GAME COMMISSION

Commission

Section 206:1

    206:1 Commission Created; Name of Department. – There shall be an agency of the state to be known hereafter as the fish and game department under a commission to be known as the fish and game commission.

Source. 1935, 123:1. RL 240:1. 2000, 42:2, eff. June 6, 2000.

Section 206:1-a

    206:1-a Repealed by 2013, 241:8, eff. Nov. 1, 2013. –

Section 206:1-b

    206:1-b Divisions Within the Department. –
There are established the following divisions, as defined in RSA 21-G:5, within the fish and game department:
I. The division of marine fisheries, under RSA 211:65.
II. The fisheries division.
III. The wildlife division.
IV. The business division.
V. The facilities and lands division.
VI. The law enforcement division.
VII. The public affairs division.
VIII. The office of the executive director.

Source. 2013, 144:75, eff. July 1, 2013.

Section 206:1-c

    206:1-c Repealed by 2014, 230:4, eff. Nov. 1, 2014. –

Section 206:1-d

    206:1-d Repealed by 2018, 5:3, eff. Jan. 1, 2019. –

Section 206:2

    206:2 Appointment of Commission. –
I. The commission shall consist of 11 members, each qualified pursuant to RSA 206:2-a, appointed by the governor and council. Whenever an appointment is to be made to the commission, the governor shall cause to be published the name of the nominee in a newspaper of statewide daily circulation. The council may not consent to an appointment under this section sooner than 30 days after the name of the nominee is submitted to the council.
II. Sporting clubs in each county may form a county sporting club board. Whenever an appointment is to be made to the commission, each board may nominate one to 3 persons and submit such recommendations to the governor for the governor's consideration. Whenever an appointment is to be made to the commission from the tidewater towns, the advisory committee on marine fisheries may nominate one to 3 persons and submit such recommendations to the governor for the governor's consideration.
III. For the purposes of this section "sporting clubs" means:
(a) An organization which has specific interests in hunting, fishing, trapping, wildlife and habitat conservation and which has been registered with the department of state for at least 2 consecutive years.
(b) An organization which acknowledges in its permanent bylaws, the promotion and protection of hunting, fishing or trapping and which accepts scientific wildlife management methods and tools.

Source. 1935, 123:1. RL 240:2. RSA 206:2. 1955, 251:1. 1977, 560:1. 1993, 100:1. 1998, 252:1. 2004, 166:7, eff. May 24, 2004.

Section 206:2-a

    206:2-a Qualifications of Commissioners. –
I. Each member of the commission shall be a resident of a different county in the state except that one commission member shall be a resident of one of the tidewater towns of Portsmouth, Seabrook, Rye, Hampton, Hampton Falls, North Hampton, Newington, Greenland, Stratham, Exeter, Newfields, Newmarket, Durham, Madbury, Dover, Rollinsford or New Castle, and not more than 6 commissioners shall be members of the same political party.
II. Each member shall also be qualified in the following manner:
(a) Well informed on the subject of fish and wildlife conservation and restoration;
(b) Dedicated to the conservation and protection of the state's fish and wildlife resources and of an environment conducive to the welfare of the same;
(c) Committed to a fish and game program providing reasonable balance between research, habitat management and law enforcement;
(d) An active outdoorsman holding a resident fishing, hunting, or trapping license in at least 5 of the 10 years preceding the appointment;
(e) A personal record free of convictions of violation of fish and game laws and regulations of this state or any other jurisdiction within 5 years, preceding his appointment; and
(f) At least 5 years' experience in one or a combination of the following fields:
(1) Forestry
(2) Agriculture
(3) Management of wild lands
(4) Soils conservation
(5) Conservation of water resources
(6) Fish and game management or propagation
(7) Conservation engineering
(8) Conservation law
(9) Wildlife education
(10) Active membership in a conservation or sportsmen's organization in this state.
(g) In the case of the coastal commission member, a general knowledge of all crustaceans and bivalves in coastal waters and salt water fishing in general.
III. Upon nomination by the governor, each nominee shall forthwith file with the secretary of state an affidavit, duly signed and sworn to, setting forth in detail how he complies with the qualifications cited in paragraph II and affirming his belief in the aims of subparagraphs (b) and (c) of paragraph II. His appointment shall not be confirmed by the council until such affidavit has been examined by them and such appointee has been found qualified pursuant to this section.

Source. 1977, 560:1. 1981, 2:1. 1990, 78:1. 1998, 252:2, eff. Aug. 24, 1998.

Section 206:3

    206:3 Terms. – The members shall hold office for a term of 5 years, and each shall continue in office until his successor is appointed and qualified. Each year at least 2 members shall be appointed. Vacancies in the commission shall be filled for the unexpired term in the same manner as the original appointment.

Source. 1935, 123:1. RL 240:3. RSA 206:3. 1955, 251:2. 1977, 560:2. 1992, 225:1, eff. July 12, 1992.

Section 206:4

    206:4 Removal. – The governor, with the advice of the council, may remove a commissioner for inefficiency, neglect of duty, or misconduct in office, delivering to him a copy of the charges and affording him an opportunity of being publicly heard in person or by counsel in his own defense, upon not less than 10 days' notice. If such commissioner shall be removed, the governor shall file in the office of the secretary of state a complete statement of all charges made against such commissioner and his findings thereon, together with a complete record of the proceedings.

Source. 1935, 123:1. RL 240:4.

Section 206:4-a

    206:4-a Duties. –
In addition to other duties provided by law, it shall be the duty of the fish and game commissioners, as the citizens' representatives, to be the stewards of the fish, wildlife, and marine resources of the state of New Hampshire and to set general policy in the following areas:
I. Conservation, protection, and management of wildlife populations and habitats, the collection of necessary scientific information, and the enforcement of fish and game laws for the purpose of sustaining healthy populations of fish, wildlife, and marine resources;
II. Development, funding, and implementation of a long-range strategic plan to direct the operation of the fish and game department;
III. Acquisition, development, and maintenance of public access to lands and waters for recreational use consistent with New Hampshire law;
IV. Public education and building support for department programs and objectives; and
V. Establishment of positions on proposed legislation that affects fish, wildlife, and marine resources and the overall management of the fish and game department.

Source. 2004, 70:1, eff. July 6, 2004.

Section 206:4-b

    206:4-b Prohibited Acts; Complaint. –
I. No member of the fish and game commission may be engaged or involved in any personnel matters of the department, including the hiring, disciplining, firing, promoting, evaluating, transferring, and any other matters associated with the classified employees of the department.
II. If a complaint is made by any person against a commissioner for violation of paragraph I, the complaint shall be filed with the chair. If the complaint is against the chair, it shall be filed with the vice-chair. The commission shall hold a hearing on the complaint. All hearings, deliberations, and votes by the commission under this paragraph shall be made with a quorum of members present and shall be in public session, provided that the member who is the subject of the complaint shall not participate. Upon a finding of a violation of paragraph I, the commission shall make a recommendation to governor and council for appropriate disciplinary action. The commission may also, upon a determination that a violation does not rise to a level requiring such a recommendation to governor and council, issue a public reprimand detailing the commission's findings.
III. Nothing in this section shall prohibit a commissioner from forwarding a citizen complaint or commendation relative to a classified employee to the executive director and the chairman of the commission.

Source. 2004, 70:1, eff. July 6, 2004.

Section 206:5

    206:5 Reimbursement for Expenses. – The members shall receive no compensation for their services, but shall be reimbursed for actual and necessary travelling and other expenses, and disbursements incurred or made by them in the discharge of their official duties.

Source. 1935, 123:1. RL 240:5.

Section 206:6

    206:6 Quorum. – A majority of the members shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power, except that in any action upon the appointment or removal of the executive director, a majority of the commission must act affirmatively. At least 10 days' notice in writing shall be given to all members of any meeting.

Source. 1935, 123:1. RL 240:6.

Section 206:7

    206:7 Chairman; Meetings. – The members of the commission shall elect from their membership a chairman and a secretary. Regular meetings shall be held by the commission at its offices quarterly, and at such other times and places within the state as the commission shall select, for the transaction of business.

Source. 1935, 123:1. RL 240:7.

Executive Director

Section 206:8

    206:8 How Chosen; Term; Compensation, and Duties Generally. –
I. The commission, following a comprehensive and equitable search, shall nominate, and the governor and council shall appoint, an executive director of the fish and game department. If the governor and council fail to appoint the nominee, the commission shall nominate another person. Each nominee shall be a person with knowledge of, and experience in, the requirements for the protection, conservation and restoration of the wildlife resources of the state and shall be a competent administrator. The executive director shall hold office for a term of 4 years from the date of appointment. A vacancy in such office shall be filled for the remainder of the unexpired term. The governor and council shall have the authority to remove the executive director at any time, but only for just cause pursuant to RSA 4:1. In such case, the governor and council shall deliver to the executive director a copy of the charges and afford an opportunity of being heard publicly in person or by counsel after being given not less than 15 days notice. The executive director shall not hold any other public office, and shall be entirely devoted to the service of the state in the discharge of the official duties of the position. The executive director shall receive the compensation prescribed in RSA 94:1-4, and shall be reimbursed for all actual and necessary traveling and other expenses incurred in the discharge of official duties. Before entering upon the duties of the office, the executive director shall take the oath prescribed by the constitution, and shall, in addition thereto, swear that no other public office is held nor any position under any political committee or party is held. Such oath shall be filed with the secretary of state. The executive director shall have general supervision and control of all activities, functions, and employees of the fish and game department, and shall enforce all the provisions of the laws of this state relating to fish, wildlife resources, and marine species, and shall exercise all necessary powers incident thereto.
I-a. [Repealed.]
II. Whenever reference is made in the Revised Statutes Annotated or in any other state statute to the director of fish and game department, it shall be construed to mean the executive director of the fish and game department.
III. The commission shall have the authority to appoint an acting director in the event that the executive director's position becomes vacant during the term of office due to retirement, resignation, or prolonged illness, death, or for any other just cause, until the governor and council appoint a new executive director as provided in paragraph I.

Source. 1935, 123:1. RL 240:8. 1950, 5, part 24:13. 1953, 265:1. RSA 206:8. 1975, 340:1. 1977, 560:4. 1985, 388:3. 1986, 174:2, 3. 1992, 225:2. 1994, 36:1, II. 1998, 252:3, 4. 2007, 156:6, eff. Aug. 17, 2007.

Section 206:8-a

    206:8-a Repealed by 2012, 226:4, I, eff. June 16, 2012. –

Section 206:9

    206:9 Investigation and Research. – The executive director shall make adequate investigation of the supply of wildlife in the state, shall authorize such scientific and other studies as may be deemed necessary to his work, and shall collect, classify, and disseminate such statistics, data, and information as in his discretion will tend to promote the objects of the department.

Source. 1935, 123:1. RL 240:9.

Section 206:9-a

    206:9-a Biennial Report to General Court. –
I. The executive director of the fish and game department shall, within its biennial report pursuant to RSA 20:7, submit a report to the governor and council and to the general court to include: a summary report of department proceedings; a description of the license fee reductions, waivers, and promotion activities pursuant to RSA 214:9-f; and recommendations for changes in the fee structure for all licenses and permits issued by the department. This report shall include consideration of:
(a) License fees in contiguous states.
(b) Inflation rates on department operations.
(c) Previous license fee increases.
(d) Budget demands.
(e) Intensive analysis and justification for any general fund support for fish and game department programs.
II. [Repealed.]

Source. 1987, 412:3. 1999, 26:1. 2009, 7:2, 4, I, eff. June 16, 2009. 2015, 259:27, eff. July 1, 2015.

Section 206:9-b

    206:9-b Repealed by 2007, 220:7, V, eff. July 1, 2007, as amended by 2007, 263:58. –

Section 206:10

    206:10 Powers and Duties. –
I. It shall be the duty of the executive director to function as the chief administrator of the commission and to protect, propagate and preserve the fish, game, and wildlife resources of the state and to protect and conserve nongame birds of the state. The executive director shall, subject to the limitations hereinafter set forth, have the power and authority to adopt and enforce rules, pursuant to RSA 541-A, for the adequate and effective control, management, restoration, conservation, and regulation of the fish, game, bird, and wildlife resources of the state, including rules designed to prohibit or otherwise regulate nonagricultural activities which may cause the introduction or spread of infectious disease in the state's wildlife resources. Such power and authority shall include: (a) the right, after consultation with the commission, to set and charge fees adopted pursuant to RSA 541-A, (b) the right to open and close the season for taking fish, game, birds, and wildlife, and (c) the right to fix the size, number and weight limits, and other conditions governing the method and manner of taking the same. Such power and authority may be exercised with reference to the state as a whole, or for any specified county or part thereof, or for any lake, pond, stream, or part thereof.
II. [Repealed.]
III. [Repealed.]
IV. The executive director of the fish and game department, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this title, any rule adopted under this title, or the terms or conditions of any permit or contract entered into under the authority of this title. Rehearings and appeals from a decision of the executive director under this paragraph shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this title. The proceeds of administrative fines levied pursuant to this paragraph shall be deposited into the fish and game reserve fund. The executive director shall adopt rules, under RSA 541-A, relative to:
(a) A schedule of administrative fines which may be imposed under this paragraph for violation of this title; and
(b) Procedures for notice and hearing prior to the imposition of an administrative fine consistent with RSA 541-A:16-21.

Source. 1935, 123:1. 1937, 188:1. 1941, 49:1. RL 240:10. RSA 206:10. 1975, 124:1. 1977, 111:3. 1978, 40:3, II. 1979, 6:1; 104:2. 1981, 108:2; 568:130, I. 1985, 291:26. 1986, 214:18. 1993, 235:1. 1994, 62:1. 1998, 252:6, 9. 2003, 66:1. 2006, 14:4, eff. July 1, 2006. 2015, 186:2, eff. July 1, 2015.

Section 206:10-a

    206:10-a Records of Violations. – The executive director shall remove and destroy records retained by the department concerning convictions for offenses of fish and game laws, provided that the offense was a violation and no subsequent conviction of the same person could result in an enhanced penalty, and provided the department retained the record of the violation for not more than 7 years from the final disposition of the matter.

Source. 2004, 32:1, eff. June 22, 2004.

Section 206:11

    206:11 Hearings to Receive Suggestions from the Public. – Once each biennium, in the odd-numbered year, the executive director shall hold public hearings to hear suggestions from the public on changes in the fishing rules or on any other subject with respect to his duties. Such hearing shall be held in Concord and in Lancaster. Public notice of said hearings shall be published at least twice in 2 newspapers having general circulation throughout the state, and in such other newspapers, magazines, or circulars as the executive director may deem desirable. It shall be the duty of the members of the commission to be in attendance at such hearings. The executive director may in his discretion conduct other public or private hearings throughout the year upon petition of interested parties. At the biennial hearings held at Concord and Lancaster and at other public hearings that the executive director shall hold in accordance with the provisions of this section, any person having any testimony to present which bears upon the power and authority of the executive director under the provisions of this title shall be given full opportunity to be heard, and the executive director shall cause a complete record to be kept of all testimony taken.

Source. 1941, 49:2. RL 240:11. RSA 206:11. 1955, 32:1. 1967, 16:1. 1969, 66:1. 1971, 30:1. 1975, 124:4. 1981, 148:2. 1990, 31:1, eff. May 22, 1990.

Section 206:12

    206:12 Repealed by 1975, 124:2, I, eff. July 5, 1975. –

Section 206:13

    206:13 Repealed by 1975, 124:2, II, eff. July 5, 1975. –

Section 206:14

    206:14 Severability. – The rules and regulations of the executive director promulgated under the provisions of this chapter shall be deemed to be severable and if any provision or the application thereof shall be held invalid, the remainder shall not be affected thereby.

Source. 1941, 49:2. RL 240:15.

Section 206:14-a

    206:14-a Delegation. – At the discretion of the executive director of the fish and game department, the chief of game management and research shall be empowered to perform all the duties and exercise all the powers conferred upon said executive director as an ex officio member of the pesticide control board.

Source. 1973, 42:2, eff. July 1, 1973.

Section 206:15

    206:15 Repealed by 1959, 180:2, eff. Sept. 7, 1959. –

Section 206:15-a

    206:15-a Areas Closed Temporarily to Hunting and Fishing. – Notwithstanding the other provisions of this chapter, the executive director shall have the power and authority to close to hunting or fishing, or both, any area in which there is in his opinion foreseeable harm to property or it is in his opinion dangerous to human life to hunt or fish thereon, and he shall have the power and authority to close any season for the taking of fish in any area for not over 60 days for stocking or conservation purposes and 90 days to reclaim ponds in any calendar year when in his opinion such action shall be necessary for the protection or preservation of the fish in such area. Any rule, regulation or order of the executive director issued pursuant to this section shall take effect at such time as shall be stated therein and shall be given such publication as the executive director may in his discretion deem proper to fairly acquaint the residents of the locality affected thereby of the provisions thereof.

Source. 1959, 180:2, eff. Sept. 7, 1959.

Section 206:15-b

    206:15-b Power of Executive Director. – Notwithstanding the provisions of this chapter, the executive director, with the consent of the commission, shall have the power and authority to extend any season on fish, game, and game birds, including migratory birds and fur-bearing animals, when a season has been closed by an act of fire ban or other proclamation or any unpredictable cause. Such extension shall not exceed the total number of days permitted under the regular statutory season.

Source. 1965, 290:2, eff. Sept. 5, 1965.

Section 206:15-c

    206:15-c Opening Closed Smelt Brooks to Persons with Disabilities. – Notwithstanding the provisions of this chapter or fishing regulations established under this chapter the executive director may open to smelt fishing by any person with a disability and an assistant, for a period not to exceed 60 days, any smelt brook where he has determined the smelt population is at a near peak level and said opening will be unlikely to result in harm to the smelt population or damage to the surrounding property.

Source. 1977, 58:1. 1990, 140:2, II, III, eff. June 18, 1990.

Section 206:15-d

    206:15-d Definition. – For the purposes of RSA 206:15-c, "person with a disability" means a person who by reason of a physical defect or infirmity permanently requires the use of special aids to enable him to propel himself.

Source. 1977, 58:1. 1990, 140:2, II, eff. June 18, 1990.

Section 206:16

    206:16 Closing Waters to Taking of Crayfish. – The executive director shall have the power and authority to close any body of water to the taking of crayfish, for any length of time he may deem necessary, and when in his opinion such action may be necessary for the protection of the crayfish population in such body of water.

Source. 1953, 177:3, eff. May 21, 1953.

Section 206:17

    206:17 Penalties as Applicable to Altered Provisions. – Whenever the executive director shall by rule or regulation, pursuant to the provisions of this chapter, alter existing provisions of law, the penalties applicable in cases of violation of such provisions of law as shall be changed by such action of the executive director, shall apply to violations of the rules and regulations of the executive director amendatory to or substituted for such changed provisions of law.

Source. 1941, 49:2. RL 240:16.

Section 206:18

    206:18 Release of Information. –
I. The executive director of fish and game may, at any time he or she deems advisable, release any information related to the stocking of fish to include but not be limited to: the species, number, size of fish, or the name of the stream, pond, or lake stocked, but in no instance shall any employee of the fish and game department, except for a designee of the executive director, disclose where or when they were or will be stocked. The executive director may penalize any employee who violates the provisions of this section as he or she deems reasonable and just.
II. The provisions of this section shall not apply to the release of information to persons or organizations assisting or cooperating with the fish and game department and its personnel in the stocking of such fish pursuant to agreements authorized by the executive director of the fish and game department.
III. The state of New Hampshire, the fish and game department, and their agents and employees are hereby released from any liability, claims, or demands relating to any loss, damage, or injury, however extreme, resulting from or incidental to such stocking.

Source. 1935, 123:1. 1941, 49:3. RL 240:17. RSA 206:18. 1967, 226:1. 1977, 298:1. 2004, 37:1, eff. April 23, 2004.

Section 206:18-a

    206:18-a Exception. – The provisions of RSA 206:18 shall not apply to the stocking of any species of fish, for which species there is no open season authorized at the time of stocking, and which species shall remain continuously protected for at least one year thereafter.

Source. 1969, 146:2, eff. July 1, 1969.

Section 206:19

    206:19 Penalty for Violation of Rules and Regulations. – Whoever violates any rule, regulation or order of the executive director issued pursuant to the authority contained in the preceding sections of this subdivision, for which violation no specific penalty is provided, shall be guilty of a misdemeanor.

Source. 1935, 123:1. 1941, 49:4. RL 240:18. RSA 206:19. 1973, 528:110, eff. Oct. 31, 1973 at 11:59 p.m.

Section 206:19-a

    206:19-a General Penalty. – Unless otherwise herein provided, any person convicted of a violation of any provision of Title XVIII, or of any rule or regulation made under authority thereof, shall be guilty of a violation for the first offense. For any subsequent offense committed during the same calendar year he shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person.

Source. 1977, 450:2, eff. June 12, 1977.

Section 206:19-b

    206:19-b Cruelty to Wild Animals, Fish, or Wild Birds; Enhanced Penalty. –
I. (a) Any person who purposely beats, cruelly whips, tortures or mutilates any wild animal, fish or wild bird as defined in RSA 207:1, or purposely causes any wild animal, fish, or wild bird to be beaten, cruelly whipped, tortured or mutilated shall be guilty of a class B felony.
(b) Any person who negligently beats, cruelly whips, tortures or mutilates any wild animal, fish or wild bird as defined in RSA 207:1, or negligently causes any wild animal, fish or wild bird to be beaten, cruelly whipped, tortured or mutilated shall be guilty of a misdemeanor.
II. It shall be an affirmative defense to prosecution and an actor shall be exempt from enhanced penalties under this section for any manner of taking, open season time limits, permitted scientific investigations or wildlife management practices lawful under title XVIII or administrative rules adopted pursuant to RSA 541-A, whether or not the actor holds a current and valid license issued by the department.

Source. 2021, 156:1, eff. Jan. 1, 2022.

Section 206:20

    206:20 Continuation of Laws. – Laws relating to the opening and closing of seasons for taking fish, the size, number and weight limits of fish, and other conditions governing the method and manner of taking fish, shall be continued in full force and effect until altered by rule or regulation of the executive director as provided in this subdivision.

Source. 1941, 49:5. RL 240:19.

Section 206:21

    206:21 Repealed by 2009, 7:4, II, eff. June 16, 2009. –

Section 206:22

    206:22 Printing and Supplies. – The executive director shall have authority to have printed the biennial report and such bulletins, literature, posters, and other printing as may be necessary to the work of the department, he to purchase all supplies and equipment subject to the provisions of RSA 8:14-32.

Source. 1935, 123:1. RL 240:21.

Section 206:22-a

    206:22-a Publications, Specialty Items and Fund Raising Revolving Fund. –
I. There is established a revolving fund to be known as the publications, specialty items and fund raising revolving fund in the fish and game department. The revolving fund shall be used for the purpose of producing, purchasing or marketing publications and specialty items which shall be offered to the public at a reasonable charge. All income from the sale of such publications and items shall be deposited into the special fund.
II. (a) The fish and game department may promote, market or otherwise engage in fund raising activities for any special account including, but not limited to, the endangered and nongame species management programs established in RSA 212-A and RSA 212-B, respectively, and any other program intended to educate, protect, restore, enhance or promote department responsibilities.
(b) The proceeds from such fund raising activities shall be deposited to the respective special accounts of the programs listed in subparagraph (a), or any other such programs established after July 1, 1992.
(c) The executive director may transfer funds from any of the respective accounts of the programs listed in subparagraph (a) or any other such programs established after July 1, 1992. The transfer of such funds for the purposes of this paragraph shall be authorized notwithstanding any exclusive use or dedicated purpose stated in the subaccount of any such program. The respective subaccounts are hereby appropriated for such purpose.
III. The amount in the publications, specialty items and fund raising revolving fund shall not exceed $100,000 and any amounts in excess of $100,000 shall be deposited in the fish and game fund. Any moneys in the fund not in excess of $100,000 shall not lapse.
IV. The executive director may use moneys in the fund to purchase certain merchandise, supplies, and materials, as provided in RSA 206:22-b.

Source. 1983, 65:1. 1989, 408:97. 1992, 58:1. 1994, 246:1. 2003, 60:1. 2007, 220:4, eff. July 1, 2007. 2013, 144:72, eff. July 1, 2013.

Section 206:22-b

    206:22-b Purchases. – The executive director may purchase such merchandise for resale and such operating supplies and materials as may be necessary for the operation of the department. Items for resale may be purchased in accordance with RSA 21-I:18, I(k). All operating supplies and materials shall be purchased through the department of administrative services, division of procurement and support services. Such purchases shall be a charge upon the revolving fund established in RSA 206:22-a.

Source. 1994, 246:2, eff. June 2, 1994. 2014, 327:55, eff. Aug. 2, 2014.

Section 206:23

    206:23 Cooperation. – The executive director shall enter into cooperation with the departments of the federal government and of this and all other states, for the protection, propagation and preservation of all wildlife in this state, and shall execute all matters pertaining thereto, including a biological survey of the state.

Source. 1935, 123:1. RL 240:22. RSA 206:23. 1975, 340:2. 1995, 51:1, eff. Jan. 1, 1996.

Section 206:23-a

    206:23-a Cooperation with Private Parties. – The executive director, with the consent of the commission, shall have the power and authority to enter into agreements with individuals, partnerships and corporations whether resident or nonresident for the purpose of implementing fishways or fish ladders and any other matters relative to the protection, propagation and preservation of fish, game and fur-bearing animals of this state.

Source. 1973, 67:1, eff. June 1, 1973.

Section 206:23-b

    206:23-b Fish and Game Statutes. – The executive director of the department of fish and game shall annually provide copies of current fish and game statutes, if available as a single publication from a commercial publisher, without charge only upon request of the members of the house wildlife and marine resources committee and the senate fish and game/recreation committee.

Source. 1996, 97:1, eff. July 14, 1996.

Section 206:23-c

    206:23-c Wildlife Population Reductions; Long Island, Town of Moultonborough. –
I. The executive director, with the approval of the commission, may conduct wildlife population reductions and initiate management actions necessary to protect against disease, genetic, ecological, environmental, health, safety, or welfare risks to persons or wildlife. The executive director may exercise such authority only on Long Island, town of Moultonborough; and to the species, sex, age, number, and timing of the population reduction or management action.
II. The executive director may adopt rules, pursuant to RSA 541-A, necessary to conduct an orderly and efficient wildlife population reduction or management action, including, but not limited to:
(a) The method and manner of taking.
(b) Participation in the reduction or management action.
(c) Inspection, possession, processing, sale, transportation, or releases of wildlife.
(d) Permits, including application or permit fees for residents or nonresidents, to undertake wildlife reduction or management actions under terms and conditions established in the permit issued by the executive director.
III. The executive director may enter into agreements with individuals, partnerships, and corporations, whether resident or nonresident, for the purpose of implementing population reductions or management actions as specified in this section.

Source. 1996, 259:1, eff. Aug. 9, 1996.

Conservation Officers, Superintendents of Hatcheries, and Other Employees

Section 206:24

    206:24 Number, Etc. – Subject to regulations of the state personnel commission, the executive director shall determine the number of conservation officers and superintendents of hatcheries, shall appoint and remove all conservation officers and superintendents of hatcheries, and shall hire such experts and office assistants as in his judgment are necessary for the proper execution of his duties. A copy of the appointment of each conservation officer shall be filed in the office of the executive director.

Source. 1935, 123:1. RL 240:23. 1949, 288:1.

Section 206:24-a

    206:24-a Repealed by 1986, 135:1, VIII, eff. May 27, 1986. –

Section 206:25

    206:25 Reports. – Each conservation officer shall keep a record of his official acts, receipts, and expenditures and, when requested by the executive director, shall make such report and in such form as the executive director may prescribe.

Source. 1935, 123:1. RL 240:24.

Section 206:26

    206:26 Powers. –
The executive director, if certified as a police officer in accordance with RSA 106-L:5, V, and each conservation officer, shall have the power:
I. To enforce all laws, rules and regulations relating to all wildlife, and to go upon any property outside of buildings, posted or otherwise, in the performance of their duties;
II. To execute all warrants and search warrants, based on probable cause, for the violation of laws, rules and regulations relating to all wildlife;
III. To serve subpoenas issued for the trial of all offenses against the laws, rules and regulations relating to all wildlife;
IV. To carry firearms or other weapons, concealed or otherwise, in the performance of their duties;
V. To arrest without warrant, but based on probable cause, and on view any person found violating any law, rule or regulation relating to all wildlife, take such person before a court having jurisdiction for trial, and detain such person in custody at the expense of the state until trial;
VI. To stop and to search without a warrant and to examine in the field, in the highway, at an airbase or on the stream, any person, or any boat, conveyance, aircraft, vehicle, gamebag, game coat, creel, crate, box, locker or other receptacle, in the presence of the owner if reasonably possible, or any so-called fish house or bob-house, in the presence of the occupant, for all wildlife, when there is reasonable and articulable suspicion to believe that any wildlife, or any illegal apparatus subject to forfeiture, is concealed thereon or therein;
VII. To secure and execute search warrants, based on probable cause, and in pursuance thereof, to enter any building, enclosure, vehicle or car, and to break open any apartment, chest, locker, box, trunk, crate, basket, bag, package or container, and to examine the contents thereof;
VIII. To seize and take possession of all wildlife, which has been caught, taken or killed, or had in possession, or under control, or which has been shipped or is about to be shipped, at any time, in any manner, or for any purpose, contrary to the laws of this state and to dispose of all wildlife which has been confiscated, seized or picked up for any reason, in a manner prescribed by the executive director, unless otherwise authorized by the court exercising proper jurisdiction;
IX. To seize all fishing tackle, guns, shooting and hunting paraphernalia, hunting or fishing licenses, traps, boats, decoys or other appliances used in violation of any law or rule relating to all wildlife when making an arrest, or found in the execution of a search warrant, and hold the same at the owner's expense until the fine and costs imposed for the violation have been paid in full;
X. To caution persons of the danger from fires in the forests and to extinguish a fire left burning, to give notice to the forest fire warden and interested parties of fires threatening to extend beyond control, and assume all lawful powers of a fire warden pending the fire warden's arrival;
XI. To enforce the laws relating to snowmobiles, all terrain vehicles, trespass on posted lands, motor vehicles blocking private ways, vandalism and malicious damage to property and livestock, use and transportation of firearms for hunting, bob houses, boats, dogs at large, breaking and entering and larceny in remote areas, protection of the environment, littering and dumping;
XII. To conduct search and rescue operations in woodlands and inland waters and to provide security at the sites thereof, and to enforce recovery of expenses under RSA 206:26-bb;
XIII. In emergencies upon their requests, to cooperate with other law enforcement agencies;
XIV. To have and exercise the powers and privileges granted by RSA 594 as to matters within their jurisdiction under this section; and
XV. To enforce all provisions of RSA title XXI relative to motor vehicle laws, absent any violation or suspected violation of fish and game laws, with the same authority and powers as any other certified law enforcement officer in the state.

Source. 1935, 123:1. 1937, 188:2. 1941, 126:1. RL 240:25. 1947, 165:1. 1949, 52:1. 1951, 48:1. RSA 206:26. 1971, 139:1. 1975, 340:3. 1977, 64:1. 1994, 142:1. 1995, 51:2. 1998, 252:7. 2008, 167:1, eff. June 6, 2008. 2012, 209:1, eff. Jan. 1, 2013. 2014, 249:1, 2, eff. Sept. 19, 2014. 2017, 206:11, eff. Sept. 8, 2017.

Section 206:26-a

    206:26-a Interference with Conservation Officer. – It is unlawful to resist or attempt to resist arrest by a conservation officer, or to obstruct or attempt to obstruct, or to intimidate or interfere with a conservation officer in the performance of his duty. Any person who violates any provision of this section shall be guilty of a misdemeanor.

Source. 1965, 96:1. 1973, 528:111, eff. Oct. 31, 1973 at 11:59 p.m.

Section 206:26-b

    206:26-b Authority and Duties of Executive Director and Conservation Officers. –
I. The executive director and each conservation officer shall:
(a) Be ex officio constables throughout the state;
(b) Have general power to enforce all criminal laws of the state and to serve criminal processes and make arrests, under proper warrants, in all counties; and
(c) Have general power to enforce any provision of RSA title XXI relative to the operation of OHRVs, snowmobiles, watercraft, or boats.
II. The executive director and each conservation officer shall not:
(a) Serve civil processes; or
(b) Act or be used or called upon for service within any town in any industrial dispute unless actual violence has occurred, and then only upon order of the governor.
III. When the executive director or any conservation officer shall apprehend any person who has committed or attempted to commit a felony, the executive director shall immediately make a report to the county attorney and the sheriff of the county in which the offense was, or was suspected of being, committed and such cases shall be investigated and prosecuted by said county official with the cooperation of the executive director or conservation officer.
IV. The provisions of paragraphs I, II and III as they pertain to the executive director shall not apply to any executive director who has not been certified as a police officer in accordance with RSA 106-L:5, V.
V. Each fish and game conservation officer shall be required to maintain training and certification for wilderness first responder, basic life support and cardiopulmonary resuscitation but shall not be required to obtain licensure under RSA 153-A.

Source. 1975, 410:1. 1986, 174:1. 2006, 260:36, eff. Jan. 1, 2007. 2013, 190:3, eff. Aug. 31, 2013. 2014, 249:3, eff. Sept. 19, 2014. 2017, 206:12, eff. Sept. 8, 2017.

Section 206:26-bb

    206:26-bb Search and Rescue Response Expenses; Recovery. –
I. Any person determined by the department to have acted negligently in requiring a search and rescue response by the department shall be liable to the department for the reasonable cost of the department's expenses for such search and rescue response, unless the person shows proof of possessing a current version of any of the following:
(a) A hunting or fishing license issued by this state under title XVIII.
(b) An OHRV registration under RSA 215-A, a snowmobile registration under RSA 215-C, or a vessel registration under RSA 270-E.
(c) A voluntary hike safe card. The executive director shall adopt rules under RSA 541-A for the issuance to purchasers on the department's Internet site, and subsequent annual renewals, of a hike safe card prior to a person's need for a search and rescue response. The annual fee for a hike safe card shall be $25 for an individual or $35 for a family. A "family" shall consist of the purchaser, the purchaser's spouse, and the purchaser's minor children or stepchildren. In addition, if the purchaser or the purchaser's spouse has been appointed as a family guardian for an individual under RSA 464-A, that individual shall be considered part of the purchaser's family. A transaction fee determined by the department shall be for the Internet license agent as provided in RSA 214-A:2. The executive director shall forward to the state treasurer the sum collected from each individual hike safe card purchased and each family hike safe card purchased, less the amount of such transaction fee, for deposit in the fish and game search and rescue fund under RSA 206:42.
I-a. The executive director shall bill the responsible person for such costs. Payment shall be made to the department within 30 days after the receipt of the bill, or by some other date determined by the executive director. If any person shall fail or refuse to pay the costs by the required date, the department may pursue payment by legal action, or by settlement or compromise, and the responsible person shall be liable for interest from the date that the bill is due and for legal fees and costs incurred by the department in obtaining and enforcing judgment under this paragraph. All amounts recovered, less the costs of collection and any percentage due pursuant to RSA 7:15-a, IV(b), shall be paid into the fish and game search and rescue fund established in RSA 206:42.
II. If any person fails to make payment under paragraph I, the executive director of the fish and game department may:
(a) Order any license, permit, or tag issued by the fish and game department to be suspended or revoked, after due hearing.
(b) Notify the commissioner of the department of health and human services of such nonpayment. The nonpayment shall constitute cause for revocation of any license or certification issued by the commissioner pursuant to RSA 126-A:20 and RSA 151:7.
(c) Notify the director of motor vehicles of such nonpayment and request suspension of the person's driver's license pursuant to RSA 263:56.
III. Regardless of a person's possession of a document satisfying subparagraph I(a), (b), or (c), a person shall be liable to the department for search and rescue response expenses if the person is judged to have done any of the actions listed in RSA 153-A:24, I.

Source. 2008, 167:2, eff. June 6, 2008. 2014, 230:1, eff. Jan. 1, 2015. 2016, 165:1, eff. June 3, 2016; 166:1, 2, eff. June 3, 2016.

Section 206:26-c

    206:26-c Compensation for Injuries in Line of Duty. – Any injury, which is due to a hostile or overt act or an act caused by another during the performance of duties which are considered dangerous in nature, received by the executive director, any conservation officer, or any deputy conservation officer while on assignment, patrol, or official active duty which requires that the officer or executive director be hospitalized, or to the extent that the officer or executive director is unable to perform normal or routine duties, shall not be charged against annual leave or sick leave for the time lost due to the injury. During such time the officer or executive director shall remain on the active payroll. The fish and game commission shall make any determination as to whether an injury is in the line of duty and due to a hostile or overt act or an act caused by another during the performance of duties which are considered dangerous in nature, and, after approval by governor and council, the determination shall be final.

Source. 2001, 291:3, eff. July 1, 2001.

Section 206:27

    206:27 Reciprocal Agreements. –
I. Any game protector, fish and game warden, conservation officer, or other person, who is authorized to make arrests for violations of the conservation or fish laws of the state of Maine or of the commonwealth of Massachusetts shall have power and authority to make arrest of any person fishing, in violation of the fish laws of such state or states, on any part of any waters or portion thereof lying between either of said states and the state of New Hampshire or on the shores thereof and to take the person so arrested for trial to the state in which the violation was committed and there to prosecute such person according to the laws of such state. This section shall be effective as to the state of Maine or the commonwealth of Massachusetts or both, when said state or states shall enact a similar law giving similar authority to the fish and game conservation officers of this state to make arrests on said boundary waters between either of said states, or both, and this state.
II. The secretary of state shall notify the secretary of the state of Maine and the secretary of the commonwealth of Massachusetts of the passage of this provision.
III. Subject to the provisions relative to reciprocal laws by the state of Maine or the commonwealth of Massachusetts, this section shall take effect upon its passage.

Source. 1943, 16:1, 2, 3, eff. Feb. 16, 1943.

Deputy Conservation Officers

Section 206:27-a

    206:27-a Deputy Conservation Officers. – The executive director is authorized to recruit, train and organize a deputy conservation officer force for the purpose of assisting conservation officers in the enforcement of fish and game laws and augmenting the conservation officer force in such manner as the executive director may deem appropriate. The executive director may appoint such deputy conservation officers from retired conservation officers, hatchery personnel, bio-aides and other departmental personnel and any other persons he deems necessary as deputy conservation officers. Such deputy conservation officers shall at all times be under the direction, control and supervision of the executive director or his agent and shall be subject to the rules and regulations promulgated by the executive director and shall serve at the pleasure of the executive director.

Source. 1977, 255:1. 1979, 240:1, eff. Aug. 14, 1979.

Section 206:27-b

    206:27-b Appointment and Qualifications. –
Members of the deputy conservation officer force shall be appointed by the executive director. Each member of the force shall be:
I. A citizen of the United States;
II. A resident of the state of N.H.;
III. Free from conviction of a felony in this state or any other state;
IV. At least 21 years of age;
V. Meet any other qualifications as the executive director shall deem appropriate.

Source. 1977, 255:1. 1979, 240:2. 2000, 149:1, eff. July 22, 2000.

Section 206:27-c

    206:27-c Powers. – All members of the deputy conservation officer force shall have all powers set forth in 206:26, 206:26-a and 206:26-b; but such powers shall extend only during the period when such member is on official active duty under the direction of the executive director or his agent.

Source. 1977, 255:1, eff. Aug. 21, 1977.

Section 206:27-d

    206:27-d Workers' Compensation. – All deputy conservation officers who are engaged in official duties shall be considered state employees for the purpose of the workers' compensation for state employees under RSA 8:60 and 61. The coverage shall include those deputy conservation officers engaged in official duties who may not be compensated at the time of their mishap or injury.

Source. 1977, 255:1. 1979, 240:4, eff. Aug. 14, 1979.

Section 206:27-e

    206:27-e Removal. – Any member of the deputy conservation officer force may be suspended or discharged at the discretion of the executive director.

Source. 1977, 255:1, eff. Aug. 21, 1977.

Section 206:27-f

    206:27-f Retirement Benefits. – No deputy conservation officer appointed under the authority of provisions of RSA 206:27-a shall be deemed to be eligible for group II retirement benefits unless said officer has had previous coverage under group II retirement.

Source. 1977, 255:1, eff. Aug. 21, 1977.

Section 206:27-g

    206:27-g Uniforms and Equipment. – The executive director may provide for deputy conservation officer uniforms and equipment necessary in the performance of their duties, but all such property shall remain the property of the state. The executive director shall maintain an inventory of said property and shall charge against each member the value of the property issued to him. If it shall be determined by the executive director that any loss or destruction of such property was due to carelessness or neglect on the part of such member the value of such property shall be paid by such member and the amount thereof may be deducted from the compensation of such member.

Source. 1979, 240:3, eff. Aug. 14, 1979.

Section 206:27-h

    206:27-h Compensation. – All deputy conservation officers shall be compensated for their services while actively engaged in the performance of their official duties at rates as fixed by the executive director. This section shall not prohibit a deputy conservation officer from volunteering his or her service without compensation.

Source. 1979, 240:3. 2000, 149:2, eff. July 22, 2000. 2014, 230:2, eff. July 21, 2014.

Fish and Game Department Volunteers

Section 206:27-i

    206:27-i Indemnification. – Any person recognized by the executive director, department of fish and game, as a fish and game volunteer who is under the supervision of a department employee and is actually performing assigned volunteer duties or search and rescue activities shall be considered a state employee for the purpose of defense and indemnification from civil suits under RSA 99-D; provided, however, such a volunteer shall not be indemnified from any civil suit arising out of a criminal act.

Source. 1987, 75:1, eff. June 29, 1987.

Special Areas in White Mountain National Forest

Section 206:28

    206:28 Authority for Establishment. – The forest service of the United States department of agriculture may make reasonable rules and regulations for the protection of game and other animals, birds, and fish on such area or areas in the White Mountain forest reserve as shall be designated from time to time by said forest service with the written approval of the commission. Said areas shall be designated as areas for the propagation, rearing, and protection of fish and game and other wildlife. A description of said area or areas and a plan or map thereof shall be filed in the office of said commission.

Source. 1935, 123:1. RL 240:31.

Section 206:29

    206:29 Limitation. – At no time shall the areas designated as in RSA 206:28 exceed 100,000 acres, in total.

Source. 1935, 123:1. RL 240:32.

Section 206:30

    206:30 Posting. – A copy of any rule or regulation made under the provisions of RSA 206:28, attested by an official or employee of said forest service, shall be posted on the designated area to which said rules and regulations are made applicable and a like copy, with affidavit of posting thereon, shall be filed for record in the office of the commission and in the office of the secretary of state.

Source. 1935, 123:1. RL 240:33.

Section 206:31

    206:31 Penalty. – Whoever shall violate any rule or regulation made pursuant to the provisions of RSA 206:28 and posted and filed as provided for herein shall be guilty of a misdemeanor.

Source. 1935, 123:1. RL 240:34. RSA 206:31. 1973, 528:112, eff. Oct. 31, 1973 at 11:59 p.m.

Section 206:32

    206:32 Application of Laws. – During the period any such rules or regulations shall be in force the laws of the state relative to fish and game inconsistent therewith shall be suspended.

Source. 1935, 123:1. RL 240:35.

Fish and Game Fund

Section 206:33

    206:33 How Constituted. – The executive director shall, at least once a month, make return to the state treasurer of all moneys received and collected by the department from licenses, permits, fines, forfeitures or whatever source. The state treasurer shall keep all such moneys in a separate account to be known as the fish and game fund. Such fund is annually appropriated for the use of the department during the fiscal year of its receipt by the state treasurer, in the manner hereinafter provided. The executive director shall file with the commission a statement of the finances of the department monthly.

Source. 1935, 123:1. RL 240:36.

Section 206:33-a

    206:33-a Gifts and Donations; Account Established. –
I. Notwithstanding any other provision of law to the contrary, individual gifts and donations not exceeding $2,500 in value in a year may be received by the fish and game department with the consent of the commission and without the approval of the governor or the governor and council. Individual gifts and donations exceeding $2,500 in value in a year may be received by the fish and game department with the consent of the commission and with the approval of the governor and council.
II. There is established an account within the fish and game fund to be known as the gifts and donations account. Moneys in the gifts and donations account are nonlapsing and continually appropriated to the fish and game department. All gifts and donations shall be deposited in this account, except gifts and donations made to the department in support of a specific program that has an established dedicated account in title XVIII which shall be deposited into the appropriate dedicated account and expended in accordance with the purpose of the dedicated account.
III. This section shall not apply to gifts, grants, bequests, or donations received pursuant to RSA 206:33-c.

Source. 1983, 66:1. 2004, 149:1. 2006, 18:1, eff. July 1, 2006.

Section 206:33-b

    206:33-b Transfers from Fish and Game Fund. – If the expenditure of additional funds over budget estimates is necessary for the proper functioning of the fish and game department, the department may request, with prior approval of the legislative fiscal committee, that the governor and council authorize the transfer of funds from the fish and game fund for fish and game department purposes.

Source. 1991, 355:61, eff. July 1, 1991.

Section 206:33-c

    206:33-c Agreements with Nonprofit Partners. –
I. The commission, in consultation with the executive director, may designate one or more nonprofit foundations as an official nonprofit partner of the department for the purpose of accepting gifts, grants, bequests, and donations to further department goals.
II. An official nonprofit partner shall be a nonpolitical legal entity that:
(a) Is incorporated under the laws of this state;
(b) Has been granted an exemption from federal income tax under section 501(c) of the Internal Revenue Code of 1986, as amended; and
(c) Works with the department to further department goals.
III. The executive director shall have the power and authority to enter into agreements on behalf of the fish and game department with an official nonprofit partner. Any such agreement shall be subject to review and approval by the attorney general.
IV. The executive director is authorized to assign staff, use department facilities, and pay necessary and reasonable expenses associated with executing and implementing agreements and facilitating a successful partnership between the department and an official nonprofit partner.
V. Any moneys received pursuant to this section shall be accounted for and expended in accordance with RSA 206:33.

Source. 2006, 18:2, eff. July 1, 2006.

Section 206:33-d

    206:33-d Wildlife Legacy Initiative; Account Established. –
I. The executive director may establish a wildlife legacy initiative that encourages gifts and donations to support fish, wildlife, and marine resource conservation projects, conservation education activities, and opportunities to use, access, and appreciate these public resources by promoting the benefits of the initiative and recognizing individuals or organizations for their voluntary participation. The executive director in establishing any relationship with such persons shall use care to deal with persons who are supportive of the full mission of the fish and game department and not persons opposing the legal taking of game or fish.
II. The executive director may establish levels of giving and offer incentives for various levels of donations, enter into agreements and partnerships with the public or private sector as necessary to develop, market, promote, solicit for, and conduct the wildlife legacy initiative. The executive director may issue certificates, documentation, and other gifts to identify and recognize participants.
III. There is established an account within the fish and game fund to be known as the wildlife legacy initiative account. All gifts and donations received through the wildlife legacy initiative shall be deposited in this account. Notwithstanding any other provision of law to the contrary, donations made to the wildlife legacy initiative shall not require acceptance by the commission or the governor and council. Moneys deposited in the wildlife legacy initiative account are nonlapsing and continually appropriated to the fish and game department and may be used with approval of the fish and game commission for the purposes stated in paragraphs I and II.

Source. 2006, 172:1, eff. July 23, 2006.

Section 206:33-e

    206:33-e Wildlife Heritage Foundation; Donation of Permits. –
I. The executive director may donate up to 5 fishing licenses and hunting licenses along with any necessary permits to take up to 5 moose, up to 5 deer, up to 5 bear, and up to 5 turkeys, each calendar year to the Wildlife Heritage Foundation of New Hampshire, the official nonprofit partner of the department pursuant to RSA 206:33-c. The donated permits shall be used by the foundation to assist in its corporate mission. The donation of permits shall not affect the number of permits to be made available to the public by the department.
II. The licenses and permits donated under paragraph I shall be valid anywhere in the state open to the taking of the species selected, and shall be valid to take moose, deer, bear, or turkey of either sex during the established hunting season for that species. Prior to being issued a hunting license under this section, a person shall meet the hunting education requirements under RSA 214:23-a.
III. The fish and game department shall submit an annual report to the fiscal committee of the general court and the policy committees responsible for wildlife issues in the senate and house of representatives. The report shall identify funds received and expended from the foundation and projects supported by the foundation during the year.

Source. 2009, 226:1, eff. Sept. 14, 2009.

Section 206:33-f

    206:33-f Environmental Review Fees. –
I. The executive director may charge a fee for the review of proposed projects which may adversely impact wildlife, including threatened or endangered species of wildlife, if such review is requested by a project developer, either public or private, regardless of whether such request is received before or after an application is submitted to any permitting agency.
II. The fees established by this section shall be designed to recover a reasonable portion of the costs of:
(a) Reviewing, assessing, and monitoring the impacts to wildlife of a proposed project;
(b) Reviewing and assessing research, sampling, or modeling protocols to be implemented either prior to or after the completion of a project; and
(c) Formulating recommendations designed to avoid, minimize, and/or mitigate any potential adverse impacts of a project on wildlife.
III. Fees shall be fixed in a schedule prepared and revised as necessary by the executive director, and established in rules adopted pursuant to RSA 541-A. Such schedule may differentiate among different classes of projects based on the intensity of the requisite review by the department.
IV. All moneys received under this section shall be deposited into the fish and game fund established under RSA 206:33 and used solely for the purposes set forth in RSA 206:34-a.
V. Receipt of the fees established by this section shall be a prerequisite for any environmental review undertaken by the department. Any permit or certificate dependent on the environmental review undertaken by the department shall be invalid until the fees assessed under this section are paid in full.

Source. 2015, 186:33, eff. July 1, 2015.

Section 206:33-g

    206:33-g Funds Paid as Mitigation for Unavoidable Impacts to Wildlife or Habitat of Wildlife. –
The executive director may accept funds paid as mitigation for unavoidable impacts to wildlife or habitat of wildlife within the state of New Hampshire. Notwithstanding any other provision of law to the contrary, the executive director may accept and receive such funds without the approval of the governor, the governor and council, or the commission. All moneys received under this section for mitigation of impacts shall be deposited as follows:
I. For impacts to nongame species or the habitat of nongame species that are not considered threatened or endangered, moneys shall be deposited in the nongame species account established under RSA 212-B:6 and used solely for the purposes set forth in that section.
II. For impacts to threatened and endangered species or the habitats of threatened and endangered species, moneys shall be deposited in the threatened and endangered species compensatory mitigation fund established under RSA 212-A:16 and used solely for the purposes set forth in that section.
III. All other moneys received under this section shall be deposited into the fish and game fund established under RSA 206:33 and used solely for the purposes set forth in RSA 206:34-a.

Source. 2021, 203:2, eff. Oct. 9, 2021.

Section 206:34

    206:34 Fines. –
I. The court or justice of any court in which a complaint for a violation of any law or rule relating to fish, game, fur-bearing animals, or marine species, or any complaint brought by an employee of the fish and game department for any violation of RSA 215-A or RSA 215-C, is prosecuted shall, within 30 days after any fine or forfeiture is paid, remit the amount thereof to the executive director; provided, however, that from each fine collected by a municipal or district court, there shall be deducted $10 and 20 percent of that part of the fine which exceeds $10, and the same shall be disposed of as provided in RSA 502:14 or RSA 502-A:8.
II. [Repealed.]
III. Any person charged with a violation of any provision of RSA title XVIII, excluding any offense for which the penalty is a misdemeanor or felony, may plead guilty or nolo contendere by mail by entering a plea as provided in RSA 502-A:19-b. If the plea is accepted by the court, the defendant shall not be required to appear as directed by the court.

Source. 1935, 123:1. RL 240:37. 1951, 224:11. RSA 206:34. 1957, 110:2. 1975, 35:1; 340:4. 1977, 588:44. 1981, 313:1. 1989, 114:1. 2005, 210:4. 2007, 54:3, eff. July 1, 2007.

Section 206:34-a

    206:34-a Use of Fish and Game Funds. – All revenues accruing from sales of licenses and permits, and any other revenue received by the department, and any money reimbursed or granted to the department by the state or federal government for fish, game, and wildlife conservation or related programs shall be used solely for conservation, restoration, management, educational benefit, recreational use, and scientific study of the fish, game, and wildlife resources of the state, including acquisition of property and general administration of RSA title XVIII. Such funds shall be used for no other purposes.

Source. 1997, 88:1, eff. Aug. 2, 1997.

Section 206:34-b

    206:34-b Game Management Account Established; Report. –
I. The state treasurer shall establish a separate nonlapsing account within the fish and game fund, to be known as the game management account. Each month the department shall determine the number of licenses, applications, or permits sold for moose, bear, turkey, and waterfowl and, for each, transfer $10 to the game management account. The moneys in this account shall be used exclusively for the implementation of a comprehensive population and habitat management program, including research and management, protection, education, and outreach for game as defined in RSA 207:1, IX, fur-bearing animals as defined in RSA 207:1, VIII, and migratory game birds as defined in RSA 209:5 to include waterfowl, snipe, and woodcock. Funds in the game management account are hereby continually appropriated for said purposes. Said funds shall be expended for the purposes of this section as determined by the executive director with approval of the commission.
II. The state treasurer shall segregate the moneys credited to the game management account and invest these funds to obtain the highest possible return on such investment until such funds are required to be expended exclusively for the purposes specified in paragraph I. Interest received on investments shall be credited to the account.
III. The executive director shall submit a report annually by October 1 to the chairpersons of the house and senate standing committees having jurisdiction over the fish and game department on the status of game populations in the state and a summary of expenditures made from the game management account.

Source. 2007, 220:3, eff. July 1, 2007. 2017, 160:1, eff. July 1, 2017.

Section 206:35

    206:35 Disbursements. – The expenses of the commission and the salaries, compensation and expenses of the executive director, conservation officers, superintendents of hatcheries, experts, and all other employees of the department authorized under the provisions hereof, including the premiums on any bonds required herein, shall be charged to and paid out of said fish and game fund.

Source. 1935, 123:1. RL 240:38.

Section 206:35-a

    206:35-a Pheasant License Revenues. – The state treasurer shall establish a separate account to which shall be credited all moneys collected by the fish and game department from issuance of pheasant licenses under RSA 214:9, X. The moneys in said account shall be used only for purchase or propagation of pheasants, and is hereby appropriated for said purposes. Said funds shall be expended for the purposes hereof as determined by the executive director with the approval of the commission. The moneys in said account shall be nonlapsing.

Source. 1975, 440:3. 1985, 291:1. 1986, 214:19, eff. Aug. 5, 1986. 2017, 160:2, eff. July 1, 2017.

Section 206:35-b

    206:35-b Repealed by 2007, 220:7, VI, eff. July 1, 2007, as amended by 2007, 263:58. –

Section 206:35-c

    206:35-c Fish Food Sales Revenues. – The state treasurer shall establish a separate account to which shall be credited all monies collected by the fish and game department from the sale of fish food at hatchery vending machines. The moneys in said account shall be used for the acquisition and maintenance of fish hatchery equipment and/or emergency trout or salmon egg purchase and are hereby appropriated for said purposes. Said funds shall be nonlapsing and are to be expended for the purposes of this section as determined by the executive director with the approval of the commission.

Source. 1983, 39:1, eff. June 20, 1983. 2013, 144:76, eff. July 1, 2013.

Section 206:35-d

    206:35-d Repealed by 1996, 73:2, eff. June 12, 1996. –

Section 206:35-e

    206:35-e Repealed by 1999, 26:4, I, eff. July 1, 1999. –

Section 206:36

    206:36 Repealed by 1976, 56:3, eff. June 4, 1976. –

Section 206:37

    206:37 Repealed by 1981, 568:130, II, eff. July 1, 1981. –

Section 206:38

    206:38 Purposes of Expenditures. – The executive director, under the supervision of the commission, shall have the exclusive power to expend for the protection, conservation, propagation and restoration of fish, game, fur-bearing animals and marine species, all funds of the state acquired for the protection, conservation, propagation or restoration of fish, game, fur-bearing animals and marine species, arising from state appropriations, licenses, gifts or otherwise.

Source. 1935, 123:1. RL 240:41. RSA 206:38. 1975, 340:5, eff. Aug. 6, 1975.

Section 206:39

    206:39 Federal Funds. – The department of fish and game is authorized to receive and expend with the approval of the governor and council any gifts and grants from any source including the United States of America and to hold property real and personal, acquired thereunder to complete any project authorized under the provisions of this title.

Source. 1969, 251:1, eff. Aug. 16, 1969.

Section 206:40

    206:40 Copies of Plans and Requests to be Filed. – The department of fish and game shall file copies of any plans or requests for funds submitted to the United States government as part of an application for federal funds with the speaker of the house and the president of the senate within 7 days after said plans or requests for funds are submitted.

Source. 1969, 251:1, eff. Aug. 16, 1969.

Conservation Stamps

Section 206:41

    206:41 Repealed by 2003, 60:5, eff. July 1, 2003. –

Fish and Game Search and Rescue Fund

Section 206:42

    206:42 Fish and Game Search and Rescue Fund. – The additional fee of $1 collected under the provisions of RSA 270-E:5, II(b) for each private boat registered, under RSA 215-A:23, X for each OHRV registered, and under RSA 215-C:39, XI for each snowmobile registered, shall be paid over to the state treasurer who shall keep such fees in a special fund to be expended by the fish and game department for use in search and rescue operations. The special fund shall be nonlapsing. All funds received under this subdivision are continually appropriated to the fish and game department for the purposes of this subdivision. The fish and game department shall report to the fiscal committee on a quarterly basis beginning on October 1, 1989, on the expenditures made from the fund.

Source. 1989, 408:94. 1990, 229:19. 1997, 268:1. 2005, 210:5, eff. July 1, 2006.