Bill Text - HB1299 (2022)

Relative to the process for the importation of wildlife and creating an appeal process for denials of permits.


Revision: July 6, 2022, 11:16 a.m.

CHAPTER 303

HB 1299 - FINAL VERSION

 

10Mar2022... 0150h

05/05/2022   1752s

05/05/2022   1866s

26May2022... 2076CofC

 

 

2022 SESSION

22-2205

04/08

 

HOUSE BILL 1299

 

AN ACT relative to the process for the importation of wildlife and creating an appeal process for denials of permits.  

 

SPONSORS: Rep. Lang, Belk. 4; Rep. Bordes, Belk. 3

 

COMMITTEE: Fish and Game and Marine Resources

 

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ANALYSIS

 

This bill establishes a procedure for applying for a permit to import or display wildlife and establishes an appeal process for denial of such permits.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10Mar2022... 0150h

05/05/2022   1752s

05/05/2022   1866s

26May2022... 2076CofC 22-2205

04/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Two

 

AN ACT relative to the process for the importation of wildlife and creating an appeal process for denials of permits.  

 

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

 

303:1  New Paragraph; Fish and Game Commission; Duties.  Amend RSA 206:4-a by inserting after paragraph V the following new paragraph:

VI.  Upon petition, and within 45 days of the appeal request, hear appeals of decisions made by the executive director to deny a permit requested under RSA: 207:14, I, and upon a majority vote of a quorum of commissioners, reverse such decision by written ruling issued within 14 days of the hearing.

303:2  General Provisions as to Fish and Game; Import, Possession or Release of Wildlife.  Amend RSA 207:14, I to read as follows:

I.(a)  No person shall import, possess, sell, exhibit, or release any live marine species or wildlife, or the eggs or progeny thereof, without first obtaining a permit from the executive director except as permitted under title XVIII.  The executive director shall have the authority to determine the time period and any other conditions governing the issuance of such permit.  [The executive director may refuse to issue a permit if he determines that such issuance may pose significant disease, genetic, ecological, environmental, health, safety, or welfare risks to persons, marine species or wildlife.]  The chief of the wildlife division shall respond to a request for a permit within 60 days of a submission for a final request.  The permit shall be granted within 60 days of the request, unless the chief of the wildlife division determines in writing that issuing a permit may pose a significant disease, genetic, ecological, environmental, health, safety, or welfare risk to persons, marine species, or wildlife.

(b)  Any person who is denied a permit under subparagraph (a) may appeal the decision in writing to the executive director within 60 days of the denial.  The executive director shall respond to the appeal within 60 days.

(c)  The executive director shall adopt rules pursuant to RSA 541-A to implement the provisions of this paragraph.

303:3  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: July 01, 2022

Effective Date: August 30, 2022