TITLE XVIII
FISH AND GAME

Chapter 209
GAME BIRDS; PIGEONS

Section 209:1

    209:1 Repealed by 1988, 219:2, VI, eff. Jan. 1, 1989. –

Section 209:2

    209:2 Repealed by 1988, 219:2, VII, eff. Jan. 1, 1989. –

Section 209:3

    209:3 Repealed by 1988, 219:2, VIII, eff. Jan. 1, 1989. –

Section 209:4

    209:4 No Open Season. – There shall be no open season for spruce grouse, upland plover, ptarmigan, and mourning dove (Zenaida macroura).

Source. 1935, 124:3. 1937, 188:14. 1941, 115:1. RL 243:3. 1945, 182:2. RSA 209:4. 1967, 2:1; 170:2. 1971, 574:4. 1975, 41:1. 1977, 459:4. 1988, 155:1. 1999, 28:1. 2005, 11:2, eff. July 2, 2005.

Section 209:4-a

    209:4-a Repealed by 1988, 219:2, IX, eff. Jan. 1, 1989. –

Section 209:5

    209:5 Migratory Game Birds. – Anatidae or waterfowl, including wild ducks and geese; Rallidae or rails, including coot and gallinules; Limicolae or shore birds, including plover, snipe and yellow legs; and Scolopacidae or woodcock are declared to be migratory game birds.

Source. 1935, 124:3. RL 243:4. 1945, 182:3. RSA 209:5. 1979, 97:1. 1985, 42:2. 1988, 155:2, eff. June 21, 1988.

Section 209:5-a

    209:5-a Connecticut River Zone. –
I. A person holding a Vermont resident hunting license which allows the taking of migratory waterfowl and coots, may take migratory game birds, as provided in RSA 209:5, except woodcock and snipe, from the Connecticut River zone, provided the state of Vermont grants the same right to a person holding a New Hampshire resident hunting license and waterfowl license which allows the taking of migratory game birds in the Connecticut River zone in Vermont pursuant to Vt. Stat. Ann. tit. 10, sec. 4909.
II. The Connecticut River zone in New Hampshire shall include that portion of New Hampshire lying west of the line defined by New Hampshire Route 63 from the Massachusetts border north to Route 12; Route 12 north to Route 12-A; Route 12-A north to Route 10; Route 10 north to Route 135; Route 135 north to U.S. Route 3; U.S. Route 3 north to the intersection with the Connecticut River.

Source. 2003, 26:1. 2007, 298:1, eff. Jan. 1, 2008.

Section 209:6

    209:6 Taking; Federal Duck Stamp Required. –
I. No person shall hunt, capture, kill, take, possess, buy or sell any migratory game bird or part thereof, except during such time and in such manner and numbers as may be prescribed by regulations promulgated under the Migratory Bird Treaty Act, an act of Congress approved July 3, 1918, which regulations are hereby made a part of the game law of the state.
II. No person who has attained the age of 16 years shall take any migratory waterfowl (brant, wild ducks, geese and swans) unless at the time of such taking he has on his person an unexpired federal migratory bird stamp (commonly called a duck stamp) validated by his signature written across the face of said stamp in ink. A person who has not attained the age of 16 years is not required to have a duck stamp. Said duck stamp shall be required in addition to a valid New Hampshire hunting license obtained pursuant to RSA 214:1. Regulations promulgated under the Federal Migratory Bird Hunting Stamp Act of 1934 are hereby made a part of the game law of the state.

Source. 1935, 124:3. RL 243:5. RSA 209:6. 1975, 39:1, eff. May 16, 1975.

Section 209:6-a

    209:6-a Back Channel. – The area known as Back Channel, a body of tidal waters between the 2 New Castle bridges, so-called, and Goat Island and Shapleigh Island to the north; and the Wentworth hotel bridges, so-called, to the south; said body of water being bordered by the town of New Castle to the east; and Sagamore Creek to the Sagamore bridge, the city of Portsmouth and the town of Rye to the west; is closed to all duck hunting or the discharge of firearms. This section shall apply to all islands situated within the above stated boundaries.

Source. 1973, 472:1, eff. Aug. 29, 1973.

Section 209:6-b

    209:6-b Rules Relative to Migratory Birds. –
I. The fish and game department shall be exempt from the provisions of RSA 541-A when setting the seasons and bag limits for migratory birds as permitted in RSA 209:6 when federal regulations require that a rule be adopted sooner than permitted by RSA 541-A. Such rules may be adopted after whatever notice and hearing the agency finds to be practicable. The agency shall make reasonable efforts to ensure that such rules are made known to persons who may be affected by them.
II. Rules adopted under this section shall be filed with the director of legislative services and with the legislative committee on administrative rules.

Source. 1985, 251:3, eff. June 7, 1985.

Section 209:7

    209:7 Pigeons. – No person shall take or interfere with any Antwerp or homing pigeon having the name of its owner stamped upon its wing or tail, or wearing a ring or leg band with its registered number stamped thereon, or any other distinguishing mark; nor shall any person remove such distinguishing mark from any such pigeon.

Source. 1935, 124:3. RL 243:11.

Section 209:8

    209:8 Protected Birds. – No person shall hunt, capture, kill, take, possess, buy, or sell any protected bird or part thereof.

Source. 1935, 124:3. RL 243:6.

Section 209:8-a

    209:8-a Exceptions. – A depredation permit is required before any person may kill migratory birds for depredation control purposes. Depredation permit applications for depredation permits shall be submitted to the executive director of the fish and game department and the appropriate special agent in charge, U.S. fish and wildlife service. Any person may take protected birds for educational or scientific purposes provided such person shall first obtain a written permit from the executive director of fish and game for such purpose. Such permit shall be in such form as the executive director of fish and game shall prescribe and may be suspended or revoked by him at any time. The provisions of RSA 214:30 to 33inclusive shall apply to the permits granted under the provisions of this section.

Source. 1959, 72:2. 1977, 247:12, eff. Aug. 19, 1977.

Section 209:8-b

    209:8-b Back Lake; Pittsburg. – Notwithstanding any other provisions of the law to the contrary, the hunting of wild birds upon or within 50 feet inland from the shoreline of Back Lake in the town of Pittsburg is hereby prohibited.

Source. 1973, 173:1, eff. July 27, 1973.

Section 209:9

    209:9 Golden and Bald Eagles. – No person shall hunt, capture, kill, take, or possess any golden or bald eagle and no person shall molest or disturb the nest or young of any of said birds.

Source. 1939, 216:2. RL 243:7. RSA 209:9. 1977, 588:36, eff. Sept. 16, 1977.

Section 209:10

    209:10 Nests. – No person shall take, or have in possession or under control, or wantonly interfere with or destroy, any nest or eggs of any game birds or protected birds.

Source. 1935, 124:3. RL 243:8.

Section 209:11

    209:11 Trapping, Etc. – No wild bird or bird for which a closed season is provided shall be trapped or snared or, if so taken, possessed. Any trap, snare, or other device in which any bird may be taken is declared to be a public nuisance, and may be summarily destroyed or abated by any person. The provisions of this section shall not apply to the setting of a trap on a pole for the purpose of taking unprotected birds under a permit issued by the executive director.

Source. 1935, 124:3. RL 243:9.

Section 209:12

    209:12 Sale. – The dead bodies of birds for which a closed season is provided shall not be sold, offered for sale, or possessed for sale, within this state, whether taken within or without the state, except as permitted to duly authorized game breeders.

Source. 1935, 124:3. RL 243:10.

Section 209:12-a

    209:12-a Wild Turkey. –
I. The executive director shall adopt rules, pursuant to RSA 541-A, relative to:
(a) Establishing seasons and bag limits, and issuing wild turkey permits.
(b) Establishing registration stations and registration agent fees for wild turkey.
(c) Specifying the methods for taking and registering wild turkeys.
(d) The enhancement, protection, and propagation of wild turkeys.
II. No person shall possess at any time any wild turkey, or part thereof, which has not been legally registered pursuant to this section. This paragraph shall not apply to the possession of a wild turkey between the time a person kills it and the time the wild turkey is presented at a registration station.
III. In addition to wild turkey licenses and permits issued under RSA 214:9, XI, the executive director, with the consent of the commission, may adopt rules under RSA 541-A, relative to issuing permits for a special season for wild turkey, including bag limits, fees for applications and permits, and the establishment of a lottery for awarding the special permits.

Source. 1977, 459:1. 1979, 54:1. 1997, 9:3. 2005, 143:2, eff. July 1, 2005.

Section 209:13

    209:13 Penalties. – Any person who violates any provision of RSA 209 shall be guilty of a violation.

Source. 1935, 124:3. RL 243:13. RSA 209:13. 1973, 531:51, eff. Oct. 31, 1973 at 11:59 p.m.