(See also Chapter Fis 800. The Importation, Possession and Use of All Wildlife. Part Fis 803. Importation of Wildlife )
Chapter 207. General Provisions as to Fish and Game. Import, Possession, or Release of Wildlife.
207:14 Import, Possession, or Release of Wildlife.
207:14-a , 207:14-b Repealed.
207:14-c Prohibited Import of Animals and Fish; Risk of Zoonotic Disease Transmission.
207:15 Releasing Fish and Wildlife.
207:15-a Seizure.
207:14 Import, Possession, or Release of Wildlife
I. (a) No person shall import, possess, sell, exhibit, or release any live marine species or wildlife, or the eggs or progeny thereof, without first obtaining a permit from the executive director except as permitted under title XVIII. The executive director shall have the authority to determine the time period and any other conditions governing the issuance of such permit. The chief of the wildlife division shall respond to a request for a permit within 60 days of a submission for a final request. The permit shall be granted within 60 days of the request, unless the chief of the wildlife division determines in writing that issuing a permit may pose a significant disease, genetic, ecological, environmental, health, safety, or welfare risk to persons, marine species, or wildlife.
(b) Any person who is denied a permit under subparagraph (a) may appeal the decision in writing to the executive director within 60 days of the denial. The executive director shall respond to the appeal within 60 days.
(c) The executive director shall adopt rules pursuant to RSA 541-A to implement the provisions of this paragraph.
II. The executive director shall adopt rules, pursuant to RSA 541-A, to administer this section and relative to the importation, possession, exhibition, sale or release of all marine species and wildlife, including, but not limited to:
(a) Size, sex, number and quantity.
(b) Transportation, within or through the state of New Hampshire.
(c) Sale, inspection, processing, recordkeeping and marking.
(d) Method of keeping.
(e) Areas of release.
(f) Method of release.
(g) Method of taking.
(h) Permit fee schedules.
(i) Appropriate definitions.
III. The executive director may establish a list of marine species or wildlife or the eggs or progeny of such marine species or wildlife which may be exempted from any or all of the provisions of RSA 207:14.
IV. Except where otherwise provided, any person who violates this section or any rule adopted under this section shall be guilty of a violation and guilty of an additional violation for each marine species or wildlife possessed contrary to the provisions of this section.
Credits
Source. 1935, 124:1. RL 241:13. RSA 207:14. 1963, 164:1. 1969, 71:1. 1973, 304:1. 1979, 90:1. 1986, 214:2. 1990, 122:2. 1992, 171:3. 2003, 112:4, eff. Aug. 5, 2003. 2022, 303:2, eff. Aug. 30, 2022.
Amendments
--2022. Paragraph I: Designated the existing text as subpar. (a) and as so designated rewrote the third sentence, which prior thereto read, “The executive director may refuse to issue a permit if he determines that such issuance may pose significant disease, genetic, ecological, environmental, health, safety, or welfare risks to persons, marine species or wildlife.” and added the fourth sentence; and added subpars. (b) and (c).
--2003. Substituted “Import, Possession, or Release of Wildlife” for “Importing and Releasing” in the catchline.
--1992. Amended section generally.
--1990. Substituted “RSA 207:14-a, RSA 207:14-b, and RSA 209-A:3, IV” for “RSA 207:14-a and 14-b” in the first sentence.
--1986. Inserted “or” preceding “the fry or the eggs” and substituted “of such fish” for “thereof” thereafter, “its eggs, and” for “the eggs thereof” following “bird or” and “to do so” for “so to do” following “executive director” in the first sentence, “$10” for “$5” at the end of the second sentence, and “may” for “shall have the right to” preceding “refuse” in the third sentence.
--1979. Deleted “for sale or release therein” preceding “from any other” in the first sentence and inserted “executive” preceding “director” in the first and third sentences.
--1973. Substituted “RSA 207:14-a and 14-b” for “section 14-a” preceding “no living fish” and “the fry or the eggs” for “or the fry” thereafter in the first sentence.
--1969. Amended section generally.
--1963. Substituted “for sale” for “or sell” preceding “or release” in the first sentence and added the second sentence.
207:14-c Prohibited Import of Animals and Fish; Risk of Zoonotic Disease Transmission.
The fish and game department shall monitor available information on animals and fish, not currently restricted under state and federal wildlife trafficking laws, that if transported into the state, will risk zoonotic disease transmission. The department may consult as needed with the department of health and human services, the state veterinarian, and scientific and educational institutions. The department shall make recommendation to the legislature on any legislation or rules needed for import or other restrictions on identified species, and to the governor if an executive order is deemed necessary.
Credits
Source. 2021, 208:2, Pt. III, Sec. 2, eff. Jan. 1, 2022.
207:15 Releasing Fish and Wildlife.
[Repealed 1992, 171:12, II, eff. June 7, 1992.]
HISTORY
Former RSA 207:15, which was derived from 1949, 8:1; RSA 207:15; and 1975, 114:1, related to prohibition against release of wildlife without a permit.
All fish or the fry thereof, living wild birds or the eggs thereof or wild animals imported or released in this state contrary to the provisions of this subdivision shall be seized and forfeited as provided in RSA 207:17.
HISTORY
Source. 1961, 11:1, eff. April 28, 1961.
(See also Chapter 466-A. Wolf Hybrids ).