Bill Text - HB1532 (2024)

Relative to land owner rights and responsibility pertaining to game cameras and tree stands.


Revision: Dec. 11, 2023, 9:28 a.m.

HB 1532  - AS INTRODUCED

 

 

2024 SESSION

24-2540

08/05

 

HOUSE BILL 1532

 

AN ACT relative to land owner rights and responsibility pertaining to game cameras and tree stands.

 

SPONSORS: Rep. Jonathan Smith, Carr. 5; Rep. Spillane, Rock. 2; Rep. L. Turcotte, Straf. 4; Rep. Comtois, Belk. 7; Rep. Berezhny, Graf. 11; Rep. R. Brown, Carr. 3; Rep. D. Kelley, Hills. 32; Sen. Abbas, Dist 22

 

COMMITTEE: Fish and Game and Marine Resources

 

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ANALYSIS

 

This bill allows a tree stand to be erected from August 1 to June 1.

 

This bill also allows for the placement of game cameras on a property with the owners' permission.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2540

08/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to land owner rights and responsibility pertaining to game cameras and tree stands.

 

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

 

1  Use of Tree Stands; Observation Blinds and Pit Blinds.  Amend RSA 207:36-a, VI - XI to read as follows:

VI. A portable or temporary tree stand or observation blind that does not violate paragraph I or II may be erected on the land of another from [April 25 to June 1 and from August 1 to December 31 of a calendar year] August 1 to June 1. All portable or temporary tree stands or observation blinds shall be removed from the property by June 1, unless allowed by permission from the property owner or designee.

VII. All property owner permits shall expire on December 31 of [each year] the year agreed to by the property owner unless rescinded by the property owner or designee. If no end date is selected, then the permit shall expire on December 31 of the current year.

VIII. All tree stands or observation blinds shall be labeled with the name and contact information of the owner of the tree stand or observation blind in a clearly visible manner.

IX. Any person who violates any provision of this section shall be guilty of a violation and:

(a) Shall be liable for the amount of damage caused by the act, to be recovered by the property owner sustaining the damage; and

(b) Shall be liable for any fine amount levied by the fish and game department, to be recovered by the department.

X. The executive director shall adopt rules, pursuant to RSA 541-A, relative to the form, issuance and filing of property owner permits for the tree stands, observation blinds and pit blinds.

XI. A property owner [shall] may contact a local or state law enforcement officer or conservation officer to remove and seize a permanent, portable, or temporary tree stand or observation blind which was placed, or the owner of which has failed to remove, in violation of this section.

2  Game Cameras; Landowner Permission.  Amend RSA 207:63, IV - V to read as follows:

IV. A property owner [shall] may contact a local or state law enforcement officer or conservation officer to remove and seize a game camera which was placed in violation of this section.

V. This section shall not prohibit:

(a) The lawful use of implanted or attached electronic devices, excluding game cameras upon private land unless written landowner permission is granted, by fish and game department staff, or other persons holding a scientific permit from the executive director, to identify, monitor, or track animals; or

(b) Any device placed or used [in accordance with a warrant or in accordance with other lawful actions of] with written landowner permission, or in accordance with a warrant if the landowner is not notified by law enforcement officers or personnel of the fish and game department in the performance of their official duties.

3  Effective Date.  This act shall take effect August 1, 2024.