Endangered Species - Enforcement and Penalties - New Hampshire

I. Any person who violates the provisions of RSA 212-A:5, III or IV, or any rule adopted in implementation of either or both, shall be guilty of a violation.

II. Any person who violates the provisions of RSA 212-A:7, I, or any rule issued pursuant to RSA 212-A:6, IV or whoever fails to procure any permit required by RSA 212-A:7, II or violates the terms of any such permit shall be guilty of a misdemeanor.

Citation: N.H. Rev. Stat. § 212-A:10.

Equipment, merchandise, wildlife, or records seized in the enforcement of this chapter shall be held by an officer or agent of the fish and game department pending disposition of court proceedings. If the defendant is found guilty such material shall be forfeited to the state for destruction or disposition as the executive director deems appropriate; provided, however, that prior to forfeiture, the executive director may direct the transfer of wildlife so seized to a qualified zoological, educational or scientific institution for safekeeping. The costs of such transfer shall be assessed to the defendant if he is convicted. The executive director is authorized to promulgate rules to implement this section.

Citation: N.H. Rev. Stat. § 212-A:11.

None of the provisions of this chapter shall be construed to apply retroactively or to prohibit importation into this state of wildlife which may be lawfully imported into the United States or lawfully taken and removed from one state to another or to prohibit entry into this state or the possession, transportation, exportation, processing, sale or offer for sale or shipment of any wildlife which has been determined to be a threatened or endangered species in this state but not in the state where originally taken if the person engaging in such activity demonstrates that such wildlife was lawfully taken and lawfully removed from such state. This section shall not be construed to permit the possession, transportation, exportation, processing, sale or offer for sale or shipment within this state of species of wildlife determined, pursuant to the endangered species act, to be an endangered or threatened species, except as permitted by RSA 212-A:7, II.

Citation: N.H. Rev. Stat. § 212-A:12.

I. The provisions of RSA 212-A, or any rule promulgated under this chapter, shall not be applicable to marine or estuarine species of wildlife.

II. No rule promulgated under the provisions of this chapter shall cause undue interference with normal agriculture or silvicultural practices.

III. The provisions of RSA 212-A or any rule promulgated under this chapter shall not interfere in any way with the siting or construction of any energy facility as defined in RSA 162-H:2.

Citation: N.H. Rev. Stat. § 212-A:13.

Any law, regulation or ordinance of any political subdivision of this state which applies with respect to the taking, importation, exportation, possession, sale or offer for sale, processing, delivery, carrying, transportation or shipment of species determined to be an endangered species or threatened species is void to the extent that it may effectively:

I. Permit what is prohibited by this chapter or by any rule adopted under this chapter;

II. Prohibit what is authorized pursuant to an exemption or permit provided for in this chapter or in any rule adopted under this chapter. This chapter shall not be construed to void any law, regulation or ordinance of any political subdivision of this state which is intended to conserve wildlife or plants.

Citation: N.H. Rev. Stat. § 212-A:8.

All state agencies, consistent with their authority and responsibilities, shall assist and cooperate with the commissioner to carry out the purposes of this chapter. To the extent possible actions funded or carried out by state agencies shall not jeopardize the continued existence of any protected plant species or exemplary natural community.

Citation: N.H. Rev. Stat. § 217-A:7.

...II. Nothing in this section shall limit the rights of private property owners to take state protected species or exemplary natural communities on their own lands.

III. The natural heritage bureau, except as provided in RSA 217-A:9, I shall act as an information resource program to assist and advise state and local agencies, and private sector development projects upon request.

Citation: N.H. Rev. Stat. § 217-A:9.

I. Nothing in this chapter or any rule adopted under this chapter shall interfere with any act authorized, permitted, or exempted by the Endangered Species Act or any regulation promulgated under that act.

II. Any protected plant species may be transported to, possessed at, and sold from a location certified by the New Hampshire department of agriculture, markets, and food under RSA 433:29, or a similar certification issued under the laws of another state.

III. The department may permit, under such terms and conditions as it may prescribe, any act otherwise prohibited by RSA 217-A:9 for scientific purposes, to enhance the propagation or survival of the affected species, or for the conservation of exemplary natural communities.

IV. No rule adopted by the department under the provisions of this chapter shall cause undue interference with normal agriculture or silvicultural practices.

Citation: N.H. Rev. Stat. § 217-A:10.

Any person violating the provisions of this chapter or any rule adopted under this chapter shall be guilty of a violation. Each such prohibited act with respect to each plant shall constitute a separate violation.

Citation: N.H. Rev. Stat. § 217-A:11.

I. Any peace officer shall have the authority to enforce this chapter, and may:

(a) Conduct searches as provided by law, and execute a warrant to search for and seize any equipment, business records, merchandise, or plants taken, possessed, transported, sold, offered for sale, bartered, shipped, or otherwise used in connection with any violation of this chapter.

(b) Arrest any person, without a warrant, who the officer has probable cause to believe is violating this chapter or any rule adopted under this chapter.

(c) At the time of arrest of any person in connection with any violation, search the person, premises, or business records and seize any plants, records, or property taken or used in connection with any alleged violation.

II. Any warrant for the arrest of a person shall be issued upon sworn complaint as in other criminal cases, and any search warrant shall be issued only upon a written showing of probable cause, supported by oath or affirmation, describing the places to be searched and the persons or things to be seized.

III. Equipment, merchandise, plants, or records seized under paragraph I shall be held by any peace officer pending disposition of court proceedings, and thereafter shall be forfeited to the state for disposition as the department may deem appropriate. The department may direct the transfer of plants so seized to a qualified biological or to a botanical, educational, or scientific institution for identification, safekeeping, and preservation for court proceedings. Upon conviction of the person or persons from whom the seizure was made, the court shall assess the costs of transfer and safekeeping on the convicted person and shall declare all plant materials seized forfeited to this state. Such items shall be deposited in a herbarium approved by the department, or, if alive, shall be used for scientific, propagative, or educational purposes or returned to their wild habitat.

Citation: N.H. Rev. Stat. § 217-A:12.