Endangered Species - Protections and Prohibited Actions - New Hampshire

I. The executive director shall conduct investigations on wildlife species in order to develop information relating to population, distribution, habitat needs, limiting factors and other biological and ecological data to determine conservation measures necessary for their continued ability to sustain themselves successfully. On the basis of such investigations the executive director, not later than one year after the effective date of this chapter, shall adopt rules and develop conservation programs designed to insure the continued ability of wildlife species deemed in need of conservation to perpetuate themselves successfully. The executive director shall conduct ongoing investigations of endangered and threatened species and may from time to time amend such rules.

II. The executive director shall, by rule, establish such limitations relating to taking, possession, transportation or sale as may be deemed necessary to conserve threatened or endangered species.

III. Except as otherwise provided in rules issued by the executive director, it shall be unlawful:

(a) For any person to take, possess, transport or sell wildlife deemed by the executive director to be in need of conservation pursuant to this section;

(b) For any common or contract carrier knowingly to transport or receive for transport wildlife deemed by the executive director to be in need of conservation pursuant to this section.

IV. The executive director may adopt and enforce rules temporarily restricting boat traffic on any waters of this state as the executive director deems necessary to protect any threatened or endangered species of wildlife in the earliest stages of life.

Citation: N.H. Rev. Stat. § 212-A:5.

I. With respect to any endangered or threatened species, it is unlawful, except as provided in RSA 212-A:7, II for any person to:

(a) Export any such species from this state;

(b) Take any such species within this state; 

(c) Possess, process, sell or offer for sale, deliver, carry, transport or ship, by any means whatsoever, any such species; 

(d) Violate any rule adopted under this chapter pertaining to the conservation of such species of wildlife listed pursuant to RSA 212-A:6, IV.

Citation: N.H. Rev. Stat. § 212-A:7.

I. The executive director shall establish such programs, including acquisition of land or aquatic habitat or interests therein, as are deemed necessary for the conservation of endangered or threatened species. The executive director shall utilize all authority vested in the fish and game department to carry out the purposes of this section.

II. In carrying out programs authorized by this section the executive director shall consult with other states having a common interest in particular threatened or endangered species of wildlife and may enter into agreements with federal agencies, other states, political subdivisions of this state or private persons with respect to programs designed to conserve endangered or threatened species of wildlife including, where appropriate, agreements for administration and management if any are established under this section or utilized for conservation of endangered or threatened species of wildlife.

III. All other state departments and agencies, to the extent possible, consistent with their authorities and responsibilities, shall assist and cooperate with the executive director in the furtherance of the purposes of this chapter for the conservation of endangered or threatened species. They shall take such action as is reasonable and prudent to insure that actions authorized, funded, or carried out by them do not jeopardize the continued existence of such species or result in the destruction or modification of habitat of such species which is determined by the executive director to be critical. The provisions of RSA 212-A or any rule promulgated under this chapter shall not be applicable to a state department or agency when that state department or agency, in the process of undertaking an action, is required by federal law or regulation to address the environmental impact on wildlife or wildlife habitat, of that action.

Citation: N.H. Rev. Stat. § 212-A:9.

...XIX. “Take” means to pick, collect, cut, transplant, uproot, dig, remove, damage, destroy, trample, kill, or otherwise disturb, or to attempt to engage in any such conduct...

Citation: N.H. Rev. Stat. § 217-A:3.

I. The commissioner of safety shall, after receiving a petition signed by 25 or more residents or property owners of each affected town or towns in which a lake, pond, or river is located and after notice and hearing at which it appears that the public interest requires the use of mooring permits, amend the rules adopted under this subdivision to require mooring permits on the body of water. The provisions of this subdivision and associated rules shall then apply to such water body.

II. The commissioner of safety shall hold a public hearing to determine whether to grant a petition submitted under paragraph I. In determining whether to grant the petition, the commissioner shall take into consideration the following factors:..

(f) Threatened and endangered species...

III. The commissioner of safety shall schedule the public hearing at a date and time which provides interested individuals with sufficient notice, and at a location in the vicinity of the body of water under consideration. If mooring permits are required under this section, the effective date of such requirement shall be no earlier than October 1 of any given year.

Citation: N.H. Rev. Stat. § 270:61-a.

The department shall conduct investigations on all species of plants and natural communities indigenous to and throughout this state necessary to develop information relating to population, distribution, habitat needs, limiting factors, and other biological and ecological data, and to determine protective measures and requirements necessary for their survival. The department may, at its discretion, withhold from any person information about the location and population of a species or natural community if it determines that disclosures of such information would threaten the survival of that or another species or natural community in any way.

Citation: N.H. Rev. Stat. § 217-A:4.

I. The commissioner shall establish programs for the protection of species listed under RSA 217-A:5 and for exemplary natural communities. These programs may include methods for the acquisition of land and interests in land that the commissioner determines is necessary for the protection of such listed species or exemplary natural communities.

II. To administer this chapter, the department may enter into agreements with federal agencies, other states, agencies or political subdivisions of this state, or individuals or private organizations for administration and management of any program established under this section or utilized for the protection of listed plant species or exemplary natural communities.

III. The department is authorized to receive and expend funds, donations, grants, or other moneys, gifts, or bequests not exceeding $5,000, or exceeding $5,000 with the approval of the governor and council, to accomplish the purposes of this chapter.

IV. The department is authorized to acquire, by purchase or gift and after the approval of governor and council, real property for the purposes of this chapter.

Citation: N.H. Rev. Stat. § 217-A:6.

I. It shall be a violation of this chapter for any person, other than the owner of private property on which the species listed under RSA 217-A:5 is located to:

(a) Export any protected species from the state.

(b) Import any protected species into the state.

(c) Transport any protected species within the state.

(d) Take, possess, sell, offer for sale, deliver, carry, transport or ship, by any means, any protected species from public highways, public property, waters of the state or from property of another without required and valid state or federal permits.

(e) Otherwise violate any rule adopted under RSA 217-A:8, relative to the conservation or protection of any species listed under RSA 217-A:5...

Citation: N.H. Rev. Stat. § 217-A:9.