TITLE XVIII
FISH AND GAME

Chapter 208
GAME ANIMALS

Moose, Caribou, Elk, Mountain Lion, Canadian Lynx, Coyote

Section 208:1

    208:1 Protected. – No person shall, at any time, hunt, take, or possess, any caribou, or elk, or any part of the carcass, taken in this state.

Source. 1935, 124:2. 1941, 114:1. RL 242:1. 1943, 13:2. RSA 208:1. 1965, 83:4. 1996, 108:1, eff. July 14, 1996.

Section 208:1-a

    208:1-a Moose. –
I. No person shall hunt, take, or possess any moose or any part of the carcass of a moose taken in this state without first obtaining a valid license for such activities from the department of fish and game. The executive director of fish and game, with the consent of the commission, may establish, by rules adopted under RSA 541-A, a hunting season for moose in any county of the state, or any portion thereof. Such rules shall include, but not be limited to, the mode by which moose may be taken; the length of the season; requirements for reporting by hunters; sex limitations; and total take in any one year. The rules shall require that no moose shall be taken with rimfire firearms or with shotguns using shot loads including buckshot, and that in towns restricting weapon types for deer pursuant to RSA 207:3-b, 208:3, 208:3-a, 208:3-b, and 208:3-c, only weapon types allowed for deer shall be permitted for the taking of moose.
II. The executive director, with the consent of the commission, shall also adopt rules under RSA 541-A to regulate the issuance of licenses or permits, including the establishment of a lottery for awarding of permits to applicants, and to set fees for applications, licenses, or permits for both resident and nonresident applicants, provided the fee for nonresident permits shall be at least $450.
II-a. Any permit lottery established under paragraph II shall include a bonus point system as a weighing factor to benefit applicants not drawn in the annual moose permit lottery. Beginning with the 2004 lottery, the moose permit lottery shall allow a person to accumulate one point for each consecutive year that person legally purchases an application for a permit but is not selected to receive a permit. Each point entitles that applicant to one chance in the lottery. A person's accumulated points shall be non-transferable and shall be forfeited if, in any year, that person is selected to receive a permit or that person fails to purchase a new chance.
III. [Repealed.]
IV. [Repealed.]

Source. 1965, 83:1. 1967, 14:1. 1985, 371:1. 1991, 352:1. 1993, 99:3. 1996, 108:2. 2003, 189:1, 2. 2007, 220:7, VII; 263:63. 2008, 7:2, eff. July 4, 2008.

Section 208:1-aa

    208:1-aa Hunting Adventure Permits. – Notwithstanding the application, licensure, and permit requirements of Title 18, the executive director of fish and game may annually issue, at no cost, up to 2 licenses or permits to the New Hampshire Wildlife Federation to provide hunting adventures to New Hampshire residents 21 years of age or under with life-threatening, critical, or terminal illnesses. These licenses or permits shall be in addition to any limited hunting permit opportunities issued under Title 18, shall be at no cost to the organization, shall be valid anywhere in the state open to the taking of the species selected, and shall be valid to take game as specified in RSA 207:1, IX of either sex during the established hunting season for that species, with the exception of moose permits which shall be valid from October 1st through the end of the regular moose season. If the person using the permit is not properly licensed, he or she shall be exempt from licensing requirements under RSA 214:1 and hunter education requirements under RSA 214:23-a. The hunter shall be accompanied by a properly licensed person who is 21 years of age or older. The provisions of Title 18 and rules adopted thereunder which relate to method and manner of taking and reporting shall apply to hunting adventure permits.

Source. 2007, 44:1, eff. July 20, 2007. 2018, 64:2, eff. Jan. 1, 2019.

Section 208:1-b

    208:1-b Mountain Lion. – No person shall, at any time, shoot, hunt, take, or possess, any mountain lion or any part of the carcass, taken in this state. However, this section shall not apply to a person acting in self-protection or protecting such person's property.

Source. 1967, 81:1. 1996, 108:3, eff. July 14, 1996.

Section 208:1-c

    208:1-c Exception. – The executive director may, should mountain lions become a nuisance in any part of the state, take and authorize such measures as the executive director deems necessary for control of this animal.

Source. 1967, 81:1. 1996, 108:3, eff. July 14, 1996.

Section 208:1-d

    208:1-d Canadian Lynx. – No person shall, at any time, shoot, hunt, take or possess, any animal of the species known as Canadian Lynx or part of the carcass thereof, taken in this state. However, this section shall not apply to a person acting in self-protection or protecting such person's property.

Source. 1971, 226:2. 1996, 108:3, eff. July 14, 1996.

Section 208:1-e

    208:1-e Coyote Hunting at Night. – The executive director of fish and game, with the consent of the commission, shall establish, by rules adopted under RSA 541-A, a night hunting season for coyote. Such rules shall include, but not be limited to, the method and manner of taking, reporting requirements, length of the season and requirements for landowner permission. Coyote may be taken from baited areas pursuant to RSA 207:3-d.

Source. 1994, 372:2. 1997, 10:2, eff. Jan. 1, 1998.

Deer

Section 208:2

    208:2 Executive Director Controls Taking, Time, and Conditions. –
I. The executive director, after consulting with the commission, shall have the authority to open and close the seasons for the taking of wild deer, to fix the number and sex limitations for wild deer, and any other conditions governing the methods and manner of taking and reporting of the same, subject to the conditions specified in RSA 208:3, 3-a, 3-b, 3-c, 4, 6-a, and 7. The authority of the executive director as granted by this section shall be exercised with reference to the state as a whole or for any specified county or part thereof. All rules adopted by the executive director shall be in accordance with RSA 541-A.
II. [Repealed.]

Source. 1935, 124:2. 1939, 95:1. 1941, 126:9. RL 242:3. 1943, 191:1. 1945, 168:1. 1949, 268:1. 1953, 245:1. RSA 208:2. 1955, 264:1. 1961, 254:1. 1963, 298:1. 1965, 304:1. 1971, 90:1. 1973, 348:1. 1975, 112:1. 1979, 104:1. 1981, 108:1. 1983, 5:1. 1985, 8:1. 1987, 63:1. 1989, 88:1. 1991, 76:1. 1996, 108:4. 2007, 220:7, VIII, eff. July 1, 2007.

Section 208:2-a

    208:2-a Repealed by 1963, 298:2, eff. Nov. 10, 1963. –

Section 208:3

    208:3 Taking; Mode. –
Wild deer shall not be taken by the use of a firearm, other than a pistol as permitted in RSA 208:3-d, a shotgun loaded with a single ball or loose buckshot, muzzle-loading rifle, bow and arrow, or crossbow as provided in RSA 208:7-a, in the towns of the following counties as follows:
I. Belknap County: Laconia; Meredith Neck-that part from the Meredith Center Harbor line to Pleasant Street south and east of state route 25.
II. Hillsborough County: Amherst; Bedford; Brookline; Goffstown; Hollis; Hudson; Litchfield; Manchester; Merrimack; Milford; Nashua; Pelham.
III. Merrimack County: Concord; Hooksett-that part lying from the town line of Allenstown, on the westerly side of U.S. No. 3, to a point where the old Portsmouth Railroad crosses said highway, thence south of said Railroad to the town line of Candia; Pembroke-that part lying southwesterly of the following line: Starting at the Concord town line at Red bridge on Rt. 106, south to Burrough Road, thence easterly on Burrough road to Fourth Range Road, thence southerly on Fourth Range road to Dudley Hill Road, south on Dudley Hill Road to Buck Street, northeast on Buck Street to Rt. 28, South on Rt. 28 to the Allenstown town line.
IV. Rockingham County: Atkinson; Brentwood; Danville; Derry; East Kingston; Exeter; Fremont; Hampstead; Hampton; Hampton Falls; Kensington; Kingston; Londonderry; New Castle; Newfields; Newmarket; Newton; North Hampton; Plaistow; Rye; Salem; Sandown; Seabrook; South Hampton; Windham.
V. Strafford County: Durham; Lee; Madbury; Dover; Rollinsford; Somersworth.

Source. 1935, 124:2. RL 242:4. 1943, 135:1. 1945, 31:1; 69:1. 1947, 32:1; 46:1; 101:1; 222:1. 1951, 109:1. RSA 208:3. 1961, 73:1. 1973, 31:1. 1975, 165:1. 1981, 3:1; 144:1. 1983, 1:2. 1987, 61:1. 1991, 41:1. 2001, 143:1. 2003, 35:2, eff. July 1, 2003.

Section 208:3-a

    208:3-a Buckshot Prohibited. – Wild deer shall not be taken in the towns of Greenland, Newington and Stratham and the city of Portsmouth by use of a firearm, other than a pistol as permitted in RSA 208:3-d, a shotgun loaded with a single ball, a muzzle-loading rifle, bow and arrow, or crossbow as provided in RSA 208:7-a.

Source. 1973, 31:2. 1975, 82:1. 1977, 19:1. 1983, 1:1. 2001, 143:2. 2003, 35:2, eff. July 1, 2003.

Section 208:3-b

    208:3-b Town of Chester; Taking of Deer. – Wild deer shall not be taken in the town of Chester by use of a firearm other than a pistol as permitted in RSA 208:3-d, a shotgun loaded with a single ball, muzzle-loaders as provided in RSA 208:5-a, bow and arrow, or crossbow as provided in RSA 208:7-a.

Source. 1977, 19:2. 2001, 143:2. 2003, 35:2, eff. July 1, 2003.

Section 208:3-c

    208:3-c Town of Auburn. – Wild deer shall not be taken in the town of Auburn except by the use of a pistol as permitted in RSA 208:3-d, a shotgun loaded with a single ball, a muzzle-loading rifle, a bow and arrow, or crossbow as provided in RSA 208:7-a.

Source. 1977, 21:1. 2001, 143:2. 2003, 35:2, eff. July 1, 2003.

Section 208:3-d

    208:3-d Pistols Permitted. – Pistols permitted under RSA 208:3, 3-a, 3-b, and 3-c shall include a .357 Magnum, 10mm Automatic, .41 Remington, .44 Magnum, .45 Long Colt, .480 Ruger, .50 Magnum, .45 ACP (Automatic Colt Pistol), .460 Rowland, .45 Super, .50 AE (Action Express), .357 SIG Sauer, .327 Federal Magnum, and .400 Corbon, provided that a pistol used for taking deer under this section shall be loaded with no more than 6 rounds of ammunition at any time.

Source. 2001, 143:3. 2008, 7:1, eff. July 4, 2008. 2021, 6:1, eff. June 22, 2021; 12:3, eff. June 22, 2021.

Section 208:4

    208:4 Limitation. – Notwithstanding the provisions of RSA 208:3, wild deer shall not be taken by the use of .22 or smaller caliber rimfire firearm at any time.

Source. 1953, 129:1. 2006, 19:2, eff. May 22, 2006.

Section 208:4-a

    208:4-a Repealed by 1981, 108:6, I, eff. April 28, 1981. –

Section 208:4-b

    208:4-b Repealed by 1981, 108:6, II, eff. April 28, 1981. –

Section 208:4-c

    208:4-c Emergency Season Closure. –
I. Notwithstanding any other provisions of rule or law, whenever the executive director shall deem such action necessary to protect the wildlife resources of the state, the executive director shall have the authority to initiate an emergency closure for any season on wildlife for which an open season has been declared.
II. Such emergency closure authority shall be for the state as a whole or for any section thereof.
III. When such emergency closures are initiated, the executive director shall cause such closure to be publicized in a newspaper with statewide circulation for 3 consecutive days.
IV. Any person who takes wildlife species during the period in which an emergency closure has been declared pursuant to this authority shall be subject to the same penalty which would be imposed for taking of the same species during the closed season.

Source. 1988, 212:2. 1996, 108:5, eff. July 14, 1996.

Section 208:5

    208:5 Bow and Arrow. –
I. The executive director shall set the fee pursuant to RSA 206:10, I, for issuance of archery licenses for the following categories: residents 16 years of age or older and nonresidents 16 years of age or older.
II. The licensee shall be entitled to hunt wildlife with bow and arrow during the open season, subject to the restrictions of this title.
III. The licensee shall be entitled to hunt deer during the special archery season established by the executive director, after consultation with the commission, pursuant to RSA 208:2 throughout the state and in Bear Brook Refuge.
IV. The licensee shall be entitled to take one deer under the archery license and additional deer under the archery license as determined by the executive director in accordance with RSA 208:5-b.
V. The licensee shall be entitled to carry firearms while hunting under the provisions of this section, unless such licensee is prohibited by state or federal law from carrying a firearm.
VI. A resident or nonresident person under 16 years of age shall not take wildlife with a bow and arrow unless said person is accompanied by a properly licensed person who is 18 years of age or older.
VII. A resident or nonresident person under 16 years of age shall not take deer with bow and arrow during the special archery season unless such person is accompanied by a person possessing the archery license described in RSA 208:5, I who is 18 years of age or older.
VIII. No person taking deer under the provisions of this section shall take or attempt to take deer with any type of firearm.
IX. An archery license purchased pursuant to this section shall not constitute satisfactory proof that the licensee has previously had a hunting license issued to the licensee in this state, or any other state, province or country as required by RSA 214:23-a.

Source. 1949, 258:1, par. 16-a. 1951, 145:1. RSA 208:5. 1955, 136:1. 1959, 74:1. 1967, 172:1. 1971, 545:2. 1973, 72:19. 1977, 247:9; 252:7; 556:1. 1978, 40:3, I. 1981, 108:3; 498:3. 1985, 291:3. 1986, 214:3. 1988, 213:4. 1994, 369:3. 1995, 153:1. 1996, 108:6. 2001, 252:1, eff. Jan. 1, 2002; 252:2, eff. Jan. 1, 2003. 2015, 186:6, eff. July 1, 2015. 2018, 324:8, eff. Aug. 24, 2018.

Section 208:5-a

    208:5-a Muzzleloaders. – A person who has complied with the licensing requirements relative to hunting deer pursuant to RSA 214, shall be issued a license, upon payment of a fee set by the executive director pursuant to RSA 206:10, I, for the following categories: residents 16 years of age or older and nonresidents 16 years of age or older. A muzzleloading license shall not be required for residents less than 16 years of age, but such person while hunting with a muzzleloading firearm shall be accompanied by a properly licensed person who is 18 years of age or over and shall also comply with all provisions of this chapter. The license shall entitle the holder to hunt deer with a single shot muzzleloading firearm or with a crossbow.

Source. 1963, 315:1. 1965, 93:1. 1969, 96:1. 1971, 86:1; 545:3. 1977, 252:8. 1979, 64:1. 1981, 108:4; 498:4. 1985, 291:4. 1995, 153:2. 2001, 252:3, eff. Jan. 1, 2002; 252:4, eff. Jan. 1, 2003. 2015, 186:7, eff. July 1, 2015. 2016, 27:2, eff. June 24, 2016.

Section 208:5-b

    208:5-b Special Deer Permits. – The executive director may issue special deer permits to a person licensed with the applicable license to hunt issued under RSA 214, RSA 208:5, or RSA 208:5-a. The executive director shall adopt rules pursuant to RSA 541-A relative to fixing the number and sex limitations for wild deer and any other conditions governing the location, method, and manner of taking as well as the issuance and fee for special deer permits.

Source. 1994, 369:2. 1998, 225:1. 2001, 180:1, eff. July 1, 2001; 252:5, eff. Jan. 1, 2002; 252:6, eff. Jan. 1, 2003. 2015, 186:8, eff. July 1, 2015.

Section 208:6

    208:6 Repealed by 1981, 108:6, III, eff. April 28, 1981. –

Section 208:6-a

    208:6-a Special Hunting Areas for Certain Disabled Persons. – Notwithstanding the provisions of RSA 208:2, relating to the taking of deer upon islands, the executive director may designate in accordance with this section one or more islands and other designated areas, other than islands, upon which deer may be taken by paraplegics, persons suffering from the loss of, or use of, both lower extremities or persons confined to wheelchairs. An eligible person desiring to take advantage of the privilege afforded by this section, may, if properly licensed under the provisions of this title to take deer, apply to the executive director, at least 15 days before the beginning of the open season for deer, as prescribed in RSA 208:2, requesting authorization to hunt upon islands or other designated areas which the executive director in the executive director's discretion has determined to have an overpopulation of deer for the vegetation available upon the island or area. In granting these special licenses under this section, the executive director should bear in mind the physical limitations of those eligible under this section to hunt, and the relative difficulty such persons would have in gaining access to the area designated. Additionally, the executive director should consider the number of applications, and in the executive director's discretion limit the number of special licenses issued for any designated area, to prevent reduction of deer below desirable limits. Licenses issued under the provisions of this section shall be good only in the area specified upon such license or permit. The executive director may adopt rules governing the conduct of persons accompanying or assisting eligible persons. Permission granted under this section shall be evidenced by a permit or license in a form prescribed and issued by the executive director.

Source. 1963, 315:2. 1969, 137:1. 1971, 422:1. 1973, 359:1. 1996, 108:7, eff. July 14, 1996.

Section 208:7

    208:7 Manner of Hunting Deer. –
I. No person shall knowingly take deer with the aid or by the use of a dog, trap, snare, salt lick, swivel, pivot or set gun.
II. No person shall knowingly drive deer by the use of horns, whistles, or other noise-making devices or by the use of an OHRV, snowmobile, aircraft, or other motorized vehicles.
III. It shall be unlawful for more than 6 persons to participate in a drive to take deer.

Source. 1935, 124:2. RL 242:5. RSA 208:7. 1967, 28:1. 1969, 198:1. 1981, 108:5. 1983, 449:20. 1987, 277:1. 2005, 210:8, eff. July 1, 2006.

Section 208:7-a

    208:7-a Taking Game by Crossbow; Rulemaking. –
I. The executive director of fish and game, with the consent of the commission, may adopt rules under RSA 541-A to allow for the taking of deer by crossbow during the regular firearms season and the regular muzzleloader season, for persons holding a valid firearms or muzzleloader deer tag, or as specified in RSA 206:23-c. Persons 68 years of age or older holding an archery license under RSA 208:5 may use a crossbow as an alternative to traditional bow and arrow during the archery deer season without obtaining an additional permit.
II. The executive director of fish and game, with the consent of the commission, may adopt rules under RSA 541-A to allow for the taking by crossbow of any game bird or any game animal, other than deer, during the regular firearms season set for that species.
III. Rules may include, but not be limited to, conditions or limitations as to the portions of the state crossbows may be used, the manner and method of taking with a crossbow, mandatory education requirements for the use of a crossbow, and any additional licensing requirements and associated fees.

Source. 2001, 161:2, eff. Jan. 1, 2003. 2015, 123:1, eff. Aug. 7, 2015. 2016, 27:1, eff. June 24, 2016. 2017, 17:1, eff. June 16, 2017.

Section 208:8

    208:8 Illegal Night Hunting. –
I. A person is guilty of a misdemeanor if the person:
(a) Knowingly takes wild birds or wild animals between 1/2 hour after sunset and 1/2 hour before sunrise.
(b) Knowingly uses an artificial light between 1/2 hour after sunset and 1/2 hour before sunrise to illuminate, locate, or attempt to locate wild birds or wild animals while possessing on the person or in a motor vehicle, OHRV, snowmobile, boat, aircraft, or other craft propelled by mechanical power, a bow and arrow, crossbow and bolt, rifle, pistol, revolver, shotgun, or muzzle-loading firearm with live ammunition to fit the weapon, whether loaded or unloaded.
II. Any person convicted of illegal night hunting shall forfeit such firearms, lights, or any other equipment used or usable in the illegal night hunting at the time of such offense.
III. The knowledge or belief required for paragraph I is presumed in the case of a person who:
(a) Uses or is found in the possession of a bow and arrow, crossbow and bolt, a muzzle-loading firearm with live ammunition components to fit, or a rifle, revolver, or pistol larger than .22 caliber long rifle; or
(b) Uses shotgun shells carrying shot larger than number 4 birdshot.
IV. Nothing contained in this section shall be construed to prohibit the use of lights for checking traps as permitted in RSA 210:13.

Source. 1935, 124:2. 1941, 29:1. RL 242:6. 1947, 161:1. 1951, 119:1. RSA 208:8. 1955, 62:1. 1959, 25:1. 1983, 449:21. 1987, 277:2. 1989, 33:2, 3. 1993, 237:1. 1994, 51:3. 1996, 108:8, 9. 2004, 40:3. 2005, 210:9, eff. July 1, 2006.

Section 208:8-a

    208:8-a Penalty for Illegal Use of Light. –
I. Any person who deliberately uses an artificial light during the period from September 1 through December 31 to illuminate, jack, locate or attempt to locate wild birds or wild animals shall be guilty of a violation.
I-a. The provisions of paragraph I shall not apply to a person using an artificial light to locate or view a moose from 9:00 a.m. to 11:00 p.m. on any day during the period of September 1 through the second Monday of October. In addition, the exception in this paragraph shall be limited to the following roads in Coos county:
(a) Class I, II, and III state highways.
(b) Class IV, V, and VI city or town roads, with the permission of the local governing body.
II. The taking of raccoons pursuant to RSA 210:2 shall be an affirmative defense, as defined in RSA 626:7, I(b), to an alleged violation of this section.
III. The checking of traps pursuant to RSA 210:13 shall be an affirmative defense as defined in RSA 626:7, I(b) to an alleged violation of this section.

Source. 1979, 19:1. 1981, 9:1. 1993, 72:1. 1994, 51:4. 2001, 131:1. 2005, 6:1, eff. July 2, 2005.

Section 208:8-b

    208:8-b Feeding of Wild Deer. –
I. (a) No person shall knowingly place food for consumption by wild deer if the fish and game department has determined such feeding would be detrimental to the health of the deer population or a threat to public safety.
(b) The executive director shall adopt rules pursuant to RSA 541-A that include but shall not be limited to the definition of food, the time of feeding, and the locations for feeding that would be detrimental for consumption by wild deer and the criteria by which the department will determine if feeding would be detrimental to the health of the deer population or a threat to public safety.
II. The fish and game department shall provide informational materials concerning the harmful or fatal feeding of wild deer to businesses and establishments in this state which sell or offer for sale wild animal feed.
III. Any person who violates the provisions of this section shall be given a warning for a first offense and shall be guilty of a violation for any subsequent offense.
IV. This section shall not apply to baiting permitted under RSA 207:3-d and agriculture as defined in RSA 21:34-a.

Source. 2016, 302:1, eff. Aug. 20, 2016.

Purchase, Possession or Sale of Certain Game Animals

Section 208:9

    208:9 Possession of a Deer or Moose. –
I. No person shall possess the carcass or any part of the carcass of wild deer or moose without the deer or moose tag or registration seal attached to it or by special permission of the executive director or the executive director's agent.
II. Notwithstanding paragraph I, no person shall possess a deer or moose or any parts of the carcass of a wild deer or moose given to the person by another unless each piece or package given to such person is clearly marked or labeled with the date of its receipt and the name and address of the donor.
III. Any person violating the provisions of this section shall be guilty of a violation for the first offense and shall be guilty of a misdemeanor for any subsequent offense.

Source. 1935, 124:2. RL 242:7. 1943, 143:1. 1951, 131:1. RSA 208:9. 1957, 250:1. 1967, 84:2. 1971, 226:1. 1985, 371:2. 1987, 277:3. 1996, 108:10, eff. July 14, 1996.

Section 208:9-a

    208:9-a Larceny of Deer or Bear. – Any person who shall steal, take and carry away a deer, bear or any part thereof, of another without permission shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

Source. 1969, 62:1. 1973, 528:119, eff. Oct. 31, 1973 at 11:59 p.m.

Section 208:10

    208:10 Lumber Camps. – No owner or keeper of any camp, house, or other building, used partly or wholly in lumbering operations, and no person connected with or employed in or about such camp, house, or building, shall use, consume, permit to be served as food, store or have in possession at any time, in, at, or about such camp, house, or building, any deer or part thereof.

Source. 1935, 124:2. RL 242:8.

Section 208:11

    208:11 Buying or Selling. – No person shall buy, sell, or offer or expose for sale a deer, moose, or bear or part thereof except the head, hide, or feet.

Source. 1937, 188:9. RL 242:9. RSA 208:11. 1986, 79:1. 1993, 99:1, eff. April 29, 1993.

Transportation of Deer

Section 208:12

    208:12 Transportation by Residents. – A resident of the state may transport within the state, during the open season and for 10 days thereafter, a deer legally taken by the resident, when accompanied by such resident, and to which the deer tag has been attached as provided in RSA 208:16 and to which the registration seal has been attached. If the deer or carcass is placed in the custody of a licensed common carrier it shall, in addition to the deer tag and registration seal, have attached a tag, plainly marked, with the name of the consignor, the name of the consignee, the point of shipment, and the destination.

Source. 1935, 124:2. 1937, 188:10. RL 242:10. RSA 208:12. 1967, 84:3. 1994, 10:1. 1996, 108:11, eff. July 14, 1996.

Section 208:13

    208:13 Transportation by Nonresidents. – The holder of a nonresident hunting license may transport within the state or from a point within the state to a point outside the state, a deer legally taken by the nonresident, when accompanied by such nonresident and to which the deer tag has been attached as provided in RSA 208:16 and also to which the registration seal has been attached. If the deer or carcass is placed in the custody of a licensed common carrier, it shall in addition to the deer tag and registration seal have attached another tag plainly marked with the name of the consignor, the name of the consignee, the point of shipment, and the destination. The agent of the common carrier shall see that the deer tag attached to the deer or carcass bears the same number as written on the license by the issuing license agent.

Source. 1935, 124:2. 1937, 188:11. RL 242:11. RSA 208:13. 1967, 84:4. 1987, 62:1. 1994, 10:2. 1996, 108:11, eff. July 14, 1996.

Section 208:14

    208:14 Special Permit. –
I. Any transportation of deer not covered in RSA 208:12 and 13 shall be allowed only under the terms of a special permit, signed by the executive director or an agent of the executive director, except that a person under 16 years of age, hunting without a license but accompanied by a licensee 18 years of age or over or a person with a valid hunting license issued pursuant to RSA 214:7-a or RSA 214:9-c or a bow and arrow license issued pursuant to RSA 214:9-cc, or a resident landowner pursuant to RSA 214:2, may transport a deer killed by such person, by identifying it with a tag bearing such person's name, residence, and the date taken.
II. Any person needing a special permit shall notify a conservation officer within 24 hours of the taking of the deer.
III. No person described in this section shall possess or transport a deer without a special permit or deer tag attached. This paragraph shall not apply to the 24 hour period allowed in paragraph II, and thereafter, if such person has notified a conservation officer as required in paragraph II.

Source. 1935, 124:2. RL 242:12. RSA 208:14. 1961, 121:1. 1973, 72:20. 1993, 237:2. 1996, 108:12. 2008, 79:1, eff. July 20, 2008. 2011, 13:1, eff. June 24, 2011.

Section 208:15

    208:15 Possession as Evidence. – The possession of a deer or any part thereof by a person or common carrier, otherwise than as herein prescribed, shall be prima facie evidence that such person or common carrier is guilty of a violation of the provisions of this subdivision.

Source. 1935, 124:2. RL 242:13.

Section 208:15-a

    208:15-a Deer Registration Stations. – The executive director shall cause to be established such number of deer registration stations as the executive director may deem necessary for the purpose of registering deer killed in the state. Each such station shall be in charge of an agent designated by the executive director. Once each year a list of such agents and the location of registration stations shall be published in one or more newspapers in the state.

Source. 1967, 84:1. 1996, 108:13, eff. July 14, 1996.

Section 208:15-b

    208:15-b Registration and Fees. – The registration agent shall register each deer legally presented for registration and shall attach a registration seal to each deer in the manner prescribed by the executive director. The executive director shall adopt rules pursuant to RSA 541-A relative to registration agent fees.

Source. 1967, 84:1. 1975, 40:1. 1996, 108:14, eff. Jan. 1, 1997.

Section 208:15-c

    208:15-c Records. – The agent shall keep such records as may be prescribed by the executive director which records shall be subject to inspection at anytime by the executive director or an agent of the executive director.

Source. 1967, 84:1. 1996, 108:15, eff. July 14, 1996.

Section 208:15-d

    208:15-d Presentation for Registration. – Any person killing a deer shall present the same for registration at the first open deer registration station on the route taken by the person who killed the deer. No person shall present for registration, or allow to be registered in such person's name, a deer which such person did not kill.

Source. 1967, 84:1. 1996, 108:15, eff. July 14, 1996.

Section 208:15-e

    208:15-e Prohibition. – No person shall keep a deer in the person's home, or any place of storage, except at a deer registration station, for a period of more than 24 hours unless the deer has been legally registered.

Source. 1967, 84:1. 1996, 108:15. 2001, 22:1, eff. July 14, 2001.

Section 208:15-f

    208:15-f Leaving Deer in Woods. – If a person, after killing a deer, shall leave the location where the deer was killed without taking the deer the person shall notify a conservation officer within 12 hours as to the location of the deer and describe the circumstances necessitating such person's leaving the deer in the woods.

Source. 1967, 84:1. 1996, 108:15, eff. July 14, 1996.

Section 208:15-g

    208:15-g Registration Required. – No person shall possess at anytime any deer, or part thereof, which has not been legally registered as herein provided. The provisions of this section shall not apply to either the possession of a deer between the time it was killed and the presentation of the deer at the registration station, or to the 24-hour period cited in RSA 208:15-e.

Source. 1967, 84:1. 1969, 90:1. 1996, 108:15. 2001, 22:2, eff. July 14, 2001.

Deer Tags

Section 208:16

    208:16 Use of Deer Tag. –
I. The holder of a license to hunt under RSA 214:9, I, III, VI, VII, and RSA 208:5 shall be provided with a deer tag attached to the license. The holder of a license shall, upon killing a deer, fill out and detach the deer tag from the license and then securely attach to the deer or carcass the deer tag bearing the name and address of the licensee. The deer tag shall remain attached to the deer or carcass thereof as long as the deer or carcass remains in the state, and the owner shall be entitled to transport it or have it transported as provided in RSA 208:12 and 13.
II. Only the deer tag issued to the licensee who killed the deer shall be attached to that deer carcass.
III. No person shall possess a deer tag that was not issued to that person.
IV. No person shall attach a deer tag to a deer the person did not kill.
V. No person shall possess a detached deer tag which has been validated, during the open season for deer, unless the validated deer tag is attached to a deer or its carcass as provided in this section. Any person who violates the provisions of this paragraph shall, if a natural person, be guilty of a violation, and any other person shall be guilty of a misdemeanor.

Source. 1935, 124:2. 1941, 126:10. RL 242:14. 1951, 159:1. RSA 208:16. 1967, 84:5. 1969, 9:1. 1985, 291:5. 1987, 62:2. 1995, 115:1, eff. Jan. 1, 1996.

Section 208:16-a, 208:17

    208:16-a, 208:17 Repealed by 1967, 84:6, eff. Sept. 1, 1967. –

Hares and Rabbits

Section 208:18

    208:18 Repealed by 1988, 219:2, I, eff. Jan. 1, 1989. –

Section 208:19

    208:19 Repealed by 1988, 219:2, II, eff. Jan. 1, 1989. –

Gray Squirrels

Section 208:20

    208:20 Repealed by 1988, 219:2, III, eff. Jan. 1, 1989. –

Section 208:20-a

    208:20-a Repealed by 1988, 219:2, IV, eff. Jan. 1, 1989. –

Penalties

Section 208:21

    208:21 Penalties. –
A person who violates:
I. RSA 208:1, 1-b, 1-d, 7, I and II, and 8 shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
II. RSA 208:3, 3-a, 3-b, 3-c, 4, 5, 5-a, 6-a, 7, III, 10, and 12-16 inclusive, shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person.
III. [Repealed.]
IV. RSA 208:11 shall be guilty of a misdemeanor for each deer or moose or part thereof bought, sold, offered or exposed for sale if a natural person or guilty of a felony if any other person.
V. RSA 208:1-a or RSA 208:2 shall be guilty of a violation, unless the person is guilty of taking deer or moose during the closed season or exceeding the bag limit, then the person shall be guilty of a misdemeanor.

Source. 1935, 124:2. RL 242:19. 1949, 279:1. RSA 208:21. 1955, 62:3. 1965, 83:2. 1967, 14:2. 1973, 528:120. 1975, 36:1, 2. 1977, 247:11. 1979, 33:1. 1981, 108:7. 1985, 371:3. 1986, 79:2. 1987, 277:4. 1988, 219:2, V. 1997, 9:1, 2, eff. Jan. 1, 1998.

Black Bear

Section 208:22

    208:22 Wild Black Bear. –
I. The executive director, with the consent of the commission, shall adopt rules, pursuant to RSA 541-A, relative to opening and closing the seasons for the taking of wild black bear, fixing the number of wild black bear that may be taken and any other conditions governing the methods and manner of taking and reporting of the same. The authority of the executive director as granted by this section may be exercised with reference to the state as a whole or for any specified county or part of a county. Dog training shall be permitted in accordance with RSA 207:12-a.
II. No bear shall be taken at any time on any island or in any waters, lakes or ponds.
III. Dogs shall not be trained or used for taking bear from baited areas after a date as determined by the executive director in a rule adopted pursuant to RSA 541-A.
IV. [Repealed.]
V. Wild black bear may be taken by the aid and use of dogs, as permitted pursuant to RSA 208:22, I; by firearms; by crossbow; or by bow and arrow of at least 40 pound pull. No person shall take bear by the aid or use of a jack or artificial light, trap, snare, or set gun or .22 or smaller caliber rimfire firearm, unless otherwise provided in this section.
VI. Any person who kills a wild bear pursuant to this section shall report the kill in accordance with rules adopted under RSA 208:22, I.
VII. Landowners or their agents may set traps for bear doing actual or substantial damage to property. Such trapping shall only be permitted after the executive director or an agent of the executive director has been notified of damage and has investigated the complaint. The executive director or agent may then issue a special permit for the use of traps. The permit shall state the location of traps and the dates when trapping shall be allowed. Any traps set as described in this paragraph shall be arranged and set in accordance with RSA 210:15.
VIII. [Repealed.]
IX. (a) Whoever violates the provisions of paragraphs I, II, III, and VI shall, if a natural person, be guilty of a violation, and any other person shall be guilty of a misdemeanor, except that any person who exceeds the bag limit as determined pursuant to RSA 208:22, I shall be guilty of a misdemeanor.
(b) Whoever violates the provisions of paragraphs V, VII, VIII, and X shall, if a natural person, be guilty of a misdemeanor, and any other person shall be guilty of a felony.
X. [Repealed.]

Source. 1961, 126:1. 1963, 311:1. 1965, 143:2. 1967, 46:1. 1971, 85:1. 1973, 528:121. 1983, 49:2. 1985, 99:1. 1987, 63:2. 1988, 212:1. 1991, 224:3-5. 1993, 178:1. 1996, 108:16, 20, I. 2006, 19:3, eff. May 22, 2006. 2015, 123:2, eff. Aug. 7, 2015.

Section 208:23

    208:23 Repealed by 1985, 99:2, eff. May 10, 1985. –

Section 208:24

    208:24 Black Bear Management Program. –
I. The wild black bear has played a vital role in the development and history of the state and is recognized as a valuable game and wildlife resource. It is recognized that bears should be accorded such protection as is necessary to maintain and enhance their numbers.
II. No person shall take wild black bears in this state without first procuring a bear license and tag in addition to the applicable license to hunt issued pursuant to RSA 214 or RSA 208:5. The cost of the bear license and tag, for both residents and nonresidents, shall be set by the executive director pursuant to RSA 206:10, I.
III. The bear license and tag shall be in such form as determined by the executive director in rules adopted under RSA 541-A. The holder of a bear license and tag shall, upon killing a bear, fill out and securely attach to the bear's ear the bear tag bearing the name and address of the licensee and other information that the executive director determines to be appropriate. The bear tag shall remain attached to the bear as long as the bear carcass remains in the state. Only the bear tag issued to the licensee who killed the bear shall be attached to that bear. No person shall possess a bear tag that was not issued to that person. No person shall attach a bear tag to a bear the person did not kill.
III-a. A bear license shall not constitute satisfactory proof that the holder of such license previously had a hunting license issued to the holder in this state, or any other state, province or country as required under RSA 214:23-a.
IV. [Repealed.]
V. Any person violating the provisions of this section shall be guilty of a misdemeanor.

Source. 1990, 178:1. 1991, 221:2, 3. 1996, 108:17. 1998, 38:1. 2001, 180:2. 2005, 81:1. 2007, 220:7, IX, eff. July 1, 2007. 2015, 186:9, eff. July 1, 2015.

Disposition of Condemned Game Animal

Section 208:25

    208:25 Disposition of Condemned Game Animal. – The executive director may condemn, upon request of a licensee, the carcass of a lawfully taken and possessed game animal that is determined unfit for human consumption, provided the condition was not created by the actions of the person who took the animal. The entire game animal shall be surrendered to the department and repossessed. After surrender and condemnation of the game animal the licensee shall be given written notice by the department employee indicating that the department repossessed the animal and that the hunter's privilege to continue to hunt that species has not been jeopardized.

Source. 2005, 27:1, eff. July 9, 2005.