CHAPTER 82
HB 1569-FN – FINAL VERSION
06Feb2008… 0163h
30Apr2008… 1563eba
2008 SESSION
10/04
HOUSE BILL 1569-FN
AN ACT relative to the use of drugs on wildlife.
SPONSORS: Rep. Skinder, Sull 1; Rep. Plifka, Ches 4
This bill prohibits the use of drugs on wildlife under the jurisdiction of the fish and game department and establishes criminal penalties.
This bill is a request of the fish and game department.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06Feb2008… 0163h
30Apr2008… 1563eba
08-2351
10/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to the use of drugs on wildlife.
Be it Enacted by the Senate and House of Representatives in General Court convened:
82:1 New Section; Fish and Game; Use of Drugs on Wildlife. Amend RSA 207 by inserting after section 8-b the following new section:
207:8-c Use of Drugs on Wildlife.
I. In this section:
(a) “Drug” means any chemical substance, other than food or mineral/vitamin supplements, that affects the structure or biological function of any mammal, bird, reptile, or amphibian under the jurisdiction of the fish and game department.
(b) “Normal animal husbandry practices” means practices related to the production and care of animals in accordance with RSA 21:34-a, II(a)(4).
II. No person shall administer any drug, including but not limited to drugs used for fertility control, disease prevention or treatment, immobilization, or growth stimulation, to any mammal, bird, reptile, or amphibian under the jurisdiction of the fish and game department without the written authorization from the executive director or his or her designee, except as provided in paragraph III or IV.
III. This section does not apply to the use of a drug as an aid in normal animal husbandry practices.
IV. This section shall not be construed to limit employees or agencies of the state or the United States, or local animal control officers or licensed wildlife rehabilitators in the performance of their official duties related to public health, wildlife management, wildlife rehabilitation, or wildlife removal. However, a drug shall not be administered by any person for fertility control or growth stimulation without the written authorization of the executive director or his or her designee, except as provided in paragraph III.
V. An officer of the fish and game department may take possession of any mammal, bird, reptile, or amphibian under the jurisdiction of the department, if the officer has probable cause to believe the animal has been administered drugs in violation of this section.
VI. A person who violates this section is guilty of a class B misdemeanor.
82:2 Effective Date. This act shall take effect January 1, 2009.
Approved: May 21, 2008
Effective Date: January 1, 2009