Chapter 212-B: Nongame Species Management Act

This chapter shall be known and may be cited as the "Nongame Species Management Act".

The legislature finds and declares that:

I. New Hampshire's wildlife resources include more than 300 vertebrate species which normally breed in the state, and an additional 120 bird species which occur as transients, migrants, or wintering populations. Of these 420 species, about 60 are considered furbearers, game birds or mammals, or sport fish.

II. Native wildlife constitutes an invaluable natural resource with ecological, scientific, educational, historical, recreational, economic, and aesthetic values to the citizens of New Hampshire.

III. It shall be the policy of the state to maintain and manage this resource for future generations.

In this chapter:

I. "Nongame act" means the federal Fish and Wildlife Conservation Act of 1980, P.L. 96-366, as amended.

II. "Executive director" means the executive director of the fish and game department.

III. "Nongame species" means all wildlife as defined in RSA 212-A:2, III except those listed as fur-bearing animals in RSA 207:1, VIII; game animals in RSA 207:1, X; game birds in RSA 207:1, XI; small game in RSA 207:1, XXVI; unprotected birds in RSA 207:1, XXIX; fish defined under RSA 207:1, VI, and marine species regulated under RSA 211:62.

The executive director, with the consent of the commission, may adopt rules under RSA 541-A regulating the taking, possession, and handling of nongame species. Such authority shall extend to rules for the enhancement, protection, and propagation of nongame species.

I. The executive director shall develop and implement a comprehensive nongame species management program that may include, but not be limited to:

(a) Education of the public regarding New Hampshire's nongame resources;

(b) Research to determine the populations, distribution, future trends, and needs of nongame species; and

(c) Management measures to maintain and promote the health of self-sustaining nongame populations.

II. The executive director may establish such programs, including acquisition of land or aquatic habitat or interests therein, as are deemed necessary for the conservation of nongame species.

III. In carrying out the programs authorized by this section, the executive director may consult with other states having a common interest in particular nongame species and may enter into agreements with federal or other state agencies, other states, political subdivisions of this state, or private corporations, organizations, or persons with respect to programs designed to conserve nongame species, including, where appropriate, agreements for administration and management.

I. The state treasurer shall establish a separate nonlapsing account within the fish and game fund to be known as the nongame species account to which moneys obtained by the fish and game department shall be applied, including any federal moneys which become available from the federal government, any state funds appropriated, and all donations received. The state treasurer shall invest funds received specifically for deposit in the nongame species account as provided by law, and any interest received on such investments shall be credited to the nongame species account. The moneys in this account shall be used for the development and implementation of a comprehensive nongame species management program.

II. The fish and game department shall issue a certificate of participation to any individual who donates not less than $10 to the nongame species account established in paragraph I. An amount equal to the moneys donated during any fiscal year under this paragraph up to and including a total of $100,000 shall be transferred annually to the nongame species account. The governor is authorized to draw a warrant for such amount out of any money in the treasury not otherwise appropriated. This is a continuing appropriation.

III. Gifts, grants, bequests, or donations made to this account shall not require consent or approval of the fish and game commission nor the governor or governor and council.