HB190 (2017) Detail

Relative to the wildlife habitat account and the fisheries habitat account.


CHAPTER 160

HB 190 - FINAL VERSION

 

15Feb2017... 0022h

23Mar2017... 0848h

2017 SESSION

17-0493

10/04

 

HOUSE BILL 190

 

AN ACT relative to the wildlife habitat account and the fisheries habitat account.

 

SPONSORS: Rep. Chandler, Carr. 1; Rep. Goley, Hills. 8

 

COMMITTEE: Fish and Game and Marine Resources

 

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AMENDED ANALYSIS

 

This bill provides for a portion of funds in the wildlife habitat account to be used for fish and game department boundary work, and limits expenditures from the wildlife habitat account and fisheries habitat account for equipment and materials.  The bill also corrects references to legislative committees and removes references to "stamps" in the fish and game statutes.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Feb2017... 0022h

23Mar2017... 0848h 17-0493

10/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to the wildlife habitat account and the fisheries habitat account.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

160:1  Fish and Game Fund; Game Management Account Established.  Amend RSA 206:34-b, I to read as follows:

I.  The state treasurer shall establish a separate nonlapsing account within the fish and game fund, to be known as the game management account.  Each month the department shall determine the number of [stamps,] licenses, applications, or permits sold for moose, bear, turkey, and waterfowl and, for each, transfer $10 to the game management account.  The moneys in this account shall be used exclusively for the implementation of a comprehensive population and habitat management program, including research and management, protection, education, and outreach for game as defined in RSA 207:1, IX, fur-bearing animals as defined in RSA 207:1, VIII, and migratory game birds as defined in RSA 209:5 to include waterfowl, snipe, and woodcock.  Funds in the game management account are hereby continually appropriated for said purposes.  Said funds shall be expended for the purposes of this section as determined by the executive director with approval of the commission.

160:2  Fish and Game Fund; Pheasant Stamp Revenues.  Amend RSA 206:35-a to read as follows:

206:35-a  Pheasant [Stamp] License Revenues.  The state treasurer shall establish a separate account to which shall be credited all moneys collected by the fish and game department from issuance of pheasant [stamps] licenses under RSA 214:9, X.  The moneys in said account shall be used only for purchase or propagation of pheasants, and is hereby appropriated for said purposes.  Said funds shall be expended for the purposes hereof as determined by the executive director with the approval of the commission.  The moneys in said account shall be nonlapsing.

160:3  Beaver; Sealing and Sale of Skins.  Amend RSA 210:8, IV-V to read as follows:

IV.  Any of the skins as specified in paragraph I that come into this state in any manner from any other state, country or province shall bear the official tag[, seal or stamp] or seal of such other state, country, or province.

V.  If any of the skins as specified in paragraph I come into this state from another state, country, or province and said state, country, or province does not require an official tag[, seal or stamp] or seal, the person possessing such skins shall have said skins tagged or sealed within 3 days of entrance into this state in accordance with this section, or [he] the person shall possess an itemized bill of sale and said bill of sale shall be produced for inspection upon the request of any law enforcement officer.

160:4  Hunting, Fishing, and Trapping; Pheasant Stamp or License Required.  Amend RSA 214:1-b to read as follows:

214:1-b  Pheasant [Stamp or] License Required.  No person shall at any time hunt, shoot, pursue, kill, or take pheasants in this state without first procuring, in addition to the applicable hunting license required by RSA 214:1, a [stamp or] license to do so under RSA 214:9, X, for the same period.  [If a stamp is issued, it must be permanently affixed to the back of said hunting license and signed across the face in a permanent manner with the applicant's signature.] A person under the age of 16 years may hunt, shoot, pursue, kill, or take pheasants without such a [stamp or] license provided that, while so doing, he or she is accompanied by an adult who has procured such a [stamp or] license.

160:5  Wildlife Habitat Stamp or License.  Amend RSA 214:1-f to read as follows:

214:1-f  Wildlife Habitat [Stamp or] License.  

I.  No person shall at any time take wild animals or wild birds in this state without first procuring, in addition to any applicable licenses required by title XVIII, a wildlife habitat [stamp or] license under RSA 214:9, XV, for the same period.  [If a stamp is issued it shall be signed across the face in a permanent manner with the applicant's signature and shall be carried upon such person while engaged in taking wild animals or wild birds.] A person under the age of 16 years may take wild animals or wild birds without such a [stamp or] license provided that, while so doing, the person is accompanied by an adult who has procured such [stamp or] license.  This paragraph shall not apply to any person who takes wild animals or wild birds under a complimentary license, excluding any administrative fee, issued pursuant to RSA 214:3, RSA 214:7-a, RSA 214:13, RSA 214:13-b, or RSA 214:13-c, or a lifetime license issued pursuant to RSA 214:9-c or RSA 214:9-cc that was purchased in a prior calendar year.

II.  A license to take any kind of wild animal or wild bird as required by title XVIII shall not be issued, except for the complimentary licenses listed under paragraph I, to any person who has not purchased a wildlife habitat [stamp or] license.  A person shall only be required to purchase one wildlife habitat [stamp or] license under RSA 214:9, XV each year regardless of the number of licenses purchased by that person during that year.

III.  For the purpose of this section, "wild animal'' shall not include fish or marine species.

IV.  The executive director, with the approval of the commission, shall adopt rules, pursuant to RSA 541-A, relative to the manner of issuance of the wildlife habitat [stamp or] license[, and may, with the approval of the commission, provide for the reproduction, sale, licensing, and other disposal of art created for the stamp.  The art for the stamp may be selected through an art contest administered by the executive director with the approval of the commission.  A stamp may be issued only upon prior authorization by the legislature].

V.  The state treasurer shall establish a separate nonlapsing account within the fish and game fund, to be known as the wildlife habitat account, to which shall be credited all fees collected under RSA 214:9, XV from the sale of wildlife habitat [stamps and] licenses [and all proceeds derived from the art created for the stamp under paragraph IV].  The state treasurer may accept public and private grants and donations into the account.

VI.  The state treasurer shall invest the moneys in the wildlife habitat account as provided by law.  Interest received on investments shall be credited to the account.

VII.  The wildlife habitat account is continually appropriated and may only be used for the following purposes within the state of New Hampshire:

(a)  The development, management, preservation, conservation, restoration, and maintenance of wildlife habitat on both public and private lands, with at least:

(1)  [50] 25 percent of the annual revenue from [stamp and] license sales dedicated to pay costs of labor and materials for direct physical land management activities, and

(2)  25 percent of the annual revenue from license sales dedicated to pay the cost of fish and game department boundary survey work and all necessary survey documents including the posting of any signage necessary to delineate the boundaries of fish and game department lands.  The commission, with the assistance of department personnel, shall approve the necessary boundary signs and wording that shall appear on the boundary signs;

(b)  Obtaining land access to wildlife habitat areas;

(c)  The acquisition of easements upon private property for the purposes of subparagraphs (a) and (b);

(d)  The acquisition of private land to protect critical wildlife habitat, provided that the governing body of any municipality, unincorporated town, or unorganized place in which the property is located approves; and

(e)  [The promotion and production of the wildlife habitat stamp and artwork; and

(f)]  Providing information to the public on the location of properties managed by the fish and game department.

VIII.  When [stamp and] license revenue is used to either obtain an easement under subparagraph VII(c) or purchase land under subparagraph VII(d), no condition shall be accepted which restricts hunting and trapping on the associated land.  This requirement shall not apply to lands used for access purposes or if the executive director finds that it is in the interest of the hunting and trapping community to allow such a restriction.  The executive director shall allow hunting and trapping on such lands, as is permissible, but may prohibit for any length of time the hunting or trapping on the whole or part of such lands when it is necessary for the protection or propagation of a wildlife species or for public safety reasons.

IX.  The executive director, with the approval of the commission, shall expend the funds in the wildlife habitat account.  Prior to the expenditure of any funds, the fish and game department shall analyze the proposed project and provide the executive director and the commission with recommendations as to the project's usefulness and feasibility.  No funds in the wildlife habitat account shall be expended for the purchase of equipment or materials, with the exception of expenditures for necessary equipment purchases, leases, or rentals for the completion of projects authorized under subparagraphs VII(a)(1) and (2).

X.  The executive director shall submit to the fiscal committee and the chairpersons of the house [wildlife and marine resources committee and the senate wildlife and recreation committee] and senate committees with jurisdiction over fish and game matters a detailed fiscal year report by October 1 of each year, beginning with fiscal year 2000, with sufficient information to be fully understood by the general court and the public, summarizing the receipts and disbursements from the wildlife habitat account and the public benefits derived from the disbursements from it.  Every fifth year, beginning in 2003, the annual report shall provide an in-depth financial accounting and summary of work accomplished in the previous 5 years, outlining all projects that are completed, in process, and planned.  All annual reports shall be made available to the public after submission to the general court.

160:6  Fish and Game; Fisheries Habitat Account.  Amend RSA 214:1-g, VI and VII to read as follows:

VI.  The executive director, with the approval of the commission, shall expend the funds in the fisheries habitat account.  Prior to the expenditure of any funds, the fish and game department shall analyze the proposed project and provide the executive director and the commission with recommendations as to the project's usefulness and feasibility.  No funds in the fisheries habitat account shall be expended for the purchase of equipment or materials, with the exception of expenditures for necessary equipment purchases, leases, or rentals for the completion of projects authorized under subparagraph IV(a).

VII.  The executive director shall submit to the fiscal committee and the chairpersons of the house [wildlife and marine resources committee and the senate wildlife and recreation committee] and senate committees with jurisdiction over fish and game matters a detailed fiscal year report by October 1 of each year, beginning with fiscal year 2000, with sufficient information to be fully understood by the general court and the public, summarizing the receipts and disbursements from the fisheries habitat account and the public benefits derived from the disbursements from it.  Every fifth year, beginning in 2005, the annual report shall provide an in-depth financial accounting and summary of work accomplished in the previous 5 years, outlining all projects that are completed, in process, and planned.  All annual reports shall be made available to the public after submission to the general court.

160:7  Hunting, Fishing, and Trapping, Issuance of Licenses.  Amend RSA 214:7, I to read as follows:

I.  Licenses, tags, [stamps,] or permits shall be issued by the executive director through his or her agents under such agreements, and in such form, as the executive director may prescribe. Licensees shall furnish information concerning fish, game, or fur-bearing animals as the executive director may require.

160:8  Hunting, Fishing, and Trapping; Form; Fees.  Amend RSA 214:8, I to read as follows:

I.  The executive director shall prepare licenses, game tags, permits,[ stamps,] and such other forms as determined necessary to comply with all licensing requirements of title XVIII.  Such license, when issued to the licensee, shall bear the date of issuance, and shall contain the name, age, color of eyes, and residence of the licensee and such other information, including affidavits, as may be requested by the executive director.  The license, to be valid, shall be countersigned by the licensee on the face of the license in the space provided.

160:9  Hunting; Fishing, and Trapping; Application.  Amend RSA 214:9, X to read as follows:

X.(a)  Pheasant license [or stamp], which shall entitle the licensee to hunt, shoot, kill, and take, except by the use of traps, pheasants during the open season.

(b)  The fee for such license [or stamp] shall be set by the executive director pursuant to RSA 206:10, I.

160:10  Hunting, Fishing, and Trapping; Applications.  Amend RSA 214:9, XV to read as follows:

XV.  If the applicant wishes to take wild animals, excluding fish and marine species, or wild birds, a fee set by the executive director pursuant to RSA 206:10, I, and the agent shall thereupon issue a wildlife habitat [stamp or] license as provided in RSA 214:1-f.  For any year in which a [stamp] license is issued, the agent shall be entitled to retain a portion of the fee as set by the executive director pursuant to RSA 206:10, I for each wildlife habitat [stamp] license sold and all [stamps] licenses sold at the department headquarters or any subagency thereof shall retain the same portion of the fee which, notwithstanding RSA 214:1-f, V, shall be credited to the general fish and game fund.  Notwithstanding any other provision of law, there shall be no agent fee for a wildlife habitat license issued pursuant to RSA 214:1-f.

160:11  Hunting, Fishing, and Trapping; Stamps and Permits.  Amend RSA 214:9-e to read as follows:

214:9-e  [Stamps or] Permits may be Authorized.  

I.  The executive director and the commission jointly may, after notice and public hearing, issue [stamps or] permits for the taking of any species of wildlife.  A majority of the commission and the executive director shall agree to take such action before it shall be authorized.  The decision to issue such [stamp or] permit shall be recorded in the minutes of the commission which shall also indicate the agreement of the executive director to such action.  Notwithstanding RSA 214:1, the purchase of such [stamp or] permit where authorized shall permit the taking of such species and the purchase of such [stamp or] permit shall be required before such species may be taken.  The decision to authorize such [stamps or] permits shall not be considered a rule subject to the provisions of RSA 541-A.

II.  The executive director and the commission jointly may, after notice and public hearing, rescind any action taken under paragraph I of this section by following the same procedure specified in paragraph I of this section for authorizing the issuance of a [stamp or] permit.

III.  If the issuance of a [stamp or] permit is authorized under the provisions of this section a fee for such [stamp or] permit shall be adopted by rule under RSA 541-A.

IV.  The state treasurer shall establish a separate nonlapsing account within the fish and game fund for each such [stamp or] permit, to which all fees collected by the fish and game department from such [stamps or] permits shall be applied.  The moneys in these accounts shall be used, in accordance with RSA 212-A:15, exclusively for the implementation of comprehensive management programs, including education, research, protection and management, and are hereby appropriated for said purpose.

160:12  Fish and Game Agents; Definitions.  Amend RSA 214-A:1, I-II to read as follows:

I.  "Agency'' means any person, entity, or governmental unit which is in the business of providing licenses, [stamps,] tags, permits, and off highway recreational vehicle (OHRV) and snowmobile registrations to the general public.

II.  "Agent'' or "license agent'' means that individual who has executed an agreement for the agency and who is responsible for actions taken by his or her designees relative to compliance with the issuance of licenses, [stamps,] tags, permits, and OHRV and snowmobile registrations within his or her agency and is subject to the provisions of this chapter.

160:13  Fish and Game Agents; Issuance of Licenses.  Amend RSA 214-A:2, I-III to read as follows:

I.  Licenses, tags, [stamps,] or permits issued by the department shall be issued by the executive director or through the executive director's agents appointed under such agreements, and by the procedure and in the form, as the executive director may prescribe.  Agents shall furnish information concerning fish, game, or fur-bearing animals as the executive director may require.

II.  Agents of the executive director shall issue licenses, tags, [stamps,] or permits in accordance with the prescribed procedure and shall charge and collect the fees prescribed by law.

III.  If the executive director determines that a license agent has violated any of the terms of the agreement made between the department and the license agent, the executive director may terminate the agreement upon written notice to the agent.  When the violation involves the handling and remittance of state funds, the executive director may, in lieu of termination, accept from the license agent a bond from a suitable corporate surety, authorized to do business in this state, guaranteeing payment of all state funds collected as a result of licenses, tags, [stamps,] and permits issued by such agent for the state.

160:14  Fish and Game Agents; Issuance of Licenses.  Amend RSA 214-A:2, VI to read as follows:

VI.  The executive director may adopt rules, pursuant to RSA 541-A, for the electronic issuance of licenses, permits, [stamps,] and tags under the provisions of this title, by an agent or by the department.  Any such rules shall include procedures for verification of residency, the determination of sufficient proof of hunter education or other certification requirements, and any requirements of the licensee as to the use of the license, permit, [stamp,] or tag acquired electronically.

160:15  Application of Receipts; Fish and Game Stamp and Permit Fund.  Amend RSA 6:12, I(b)(215) to read as follows:

(215)  Moneys deposited in the department of fish and game's [stamp and] permit fund under RSA 214:9-e, IV.

160:16  Effective Date.  This act shall take effect July 1, 2017.

 

Approved: June 28, 2017

Effective Date: July 01, 2017

Links

HB190 at GenCourtMobile

Action Dates

Date Body Type
Jan. 17, 2017 House Hearing
Jan. 31, 2017 House Exec Session
Feb. 15, 2017 House Floor Vote
March 13, 2017 House Exec Session
March 23, 2017 House Floor Vote
April 11, 2017 Senate Hearing
May 31, 2017 Senate Floor Vote

Bill Text Revisions

HB190 Revision: 1008 Date: June 29, 2017, 2:03 p.m.
HB190 Revision: 1009 Date: June 2, 2017, 12:34 p.m.
HB190 Revision: 1010 Date: March 24, 2017, 2:13 p.m.
HB190 Revision: 1011 Date: March 24, 2017, 1:49 p.m.
HB190 Revision: 1012 Date: Jan. 30, 2017, 12:24 p.m.

Docket

Date Status
Jan. 4, 2017 Introduced 01/04/2017 and referred to Fish and Game and Marine Resources HJ 2 P. 19
Jan. 17, 2017 Public Hearing: 01/17/2017 01:00 PM LOB 307
Jan. 31, 2017 Executive Session: 01/31/2017 01:00 PM LOB 307
Feb. 15, 2017 Committee Report: Ought to Pass with Amendment # 2017-0022h for 02/15/2017 (Vote 17-3; CC) HC 11 P. 11
Feb. 15, 2017 Amendment # 2017-0022h: AA VV 02/15/2017 HJ 7 P. 14
Feb. 15, 2017 Ought to Pass with Amendment 0022h: MA VV 02/15/2017 HJ 7 P. 14
Feb. 15, 2017 Referred to Finance 02/15/2017 HJ 7 P. 14
Feb. 28, 2017 Division II Work Session: 02/28/2017 01:00 PM LOB 209
March 2, 2017 Division II Work Session: 03/02/2017 03:00 PM LOB 209
March 13, 2017 Executive Session: 03/13/2017 10:00 AM LOB 210-211
March 23, 2017 Committee Report: Ought to Pass with Amendment # 2017-0848h for 03/23/2017 (Vote 26-0; CC) HC 16 P. 3
March 23, 2017 Amendment # 2017-0848h: AA VV 03/23/2017 HJ 11 P. 3
March 23, 2017 Ought to Pass with Amendment 0848h: MA VV 03/23/2017 HJ 11 P. 3
March 23, 2017 Introduced 03/23/2017 and Referred to Energy and Natural Resources; SJ 11
April 11, 2017 Hearing: 04/11/2017, Room 103, SH, 09:15 am; SC 18
May 31, 2017 Committee Report: Ought to Pass with Amendment # 2017-1984s, 05/31/2017; SC 25
May 31, 2017 Committee Amendment # 2017-1984s, AF, VV; 05/31/2017; SJ 18
May 31, 2017 Ought to Pass: MA, VV; OT3rdg; 05/31/2017; SJ 18
June 8, 2017 Enrolled (In recess 06/08/2017); SJ 20
June 8, 2017 Enrolled 06/08/2017 HJ 18 P. 9
June 28, 2017 Signed by Governor Sununu 06/28/2017; Chapter 160; eff. 07/01/17