N.H. Admin. Code § Fis 304.04

Current through Register No. 41, October 10, 2024
Section Fis 304.04 - Wildlife Depredation Permits
(a) In accordance with RSA 207:26, a commercial grower whose crops are being damaged by wildlife may submit an "Application for a Wildlife Depredation Permit", using the form specified in Fis 304.05, to the executive director.
(b) Applications for wildlife depredation permits shall be submitted by email, regular mail, fax, or hand delivery to the:

New Hampshire Fish and Game Department

Animal Damage Control, Wildlife Division

11 Hazen Drive

Concord, New Hampshire 03301

(c) Commercial growers with a history of wildlife damage may apply for, receive, and employ wildlife depredation permits prior to actual and substantial damage, as specified on their permit. "History of wildlife damage" means that previous wildlife depredation permits have been issued.
(d) The granting of the wildlife depredation permit shall be contingent upon a site review by the fish and game department animal damage control specialist, if necessary to confirm actual and substantial damage. "Substantial damage" means damage to at least 10 percent of crops.
(e) Depredation permits shall not be issued if the fish and game department will supply non-lethal methods such as repellents, pyrotechnics, and fencing that will prevent damage.
(f) The species, number, and sex of wildlife taken under this permit shall be determined by the executive director based on the cause, extent, and type of damage.
(g) The dates seasonally and the times daily when wildlife may be taken under this permit shall be determined by the executive director based on the type of crop being damaged and safety considerations associated with shooting at night.
(h) The commercial grower shall sign the "Wildlife Depredation Tag" and the "Wildlife Depredation Report Card" upon issuance to the agent, and the agent shall sign the tag and report card immediately upon taking wildlife.
(i) Wildlife shall only be taken in the actual area where damage is occurring and within 100 feet outside that area.
(j) A person, upon killing wildlife under a wildlife depredation permit, shall immediately fill out, sign, and attach the wildlife depredation tag to the carcass. Once tagged, the carcass may be legally transported.
(k) A person, upon killing wildlife under a wildlife depredation permit, shall immediately sign and complete the wildlife depredation report card using the form specified in Fis 304.05.
(l) Within 24 hours of a kill, the commercial grower shall mail a completed wildlife depredation report card to the:

New Hampshire Fish and Game Department

Animal Damage Control, Wildlife Division

11 Hazen Drive

Concord, NH 03301

(m) A person, upon killing an animal under a depredation kill permit, shall call fish and game wildlife division at 603-271-2461 between 8:00 AM and 4:30 PM no later than the first business day immediately following the date of kill and provide their name, the time and town of the kill, and the name of the depredation permit holder.
(n) A person attempting to take an animal under a depredation permit shall have on their person a copy of the permit letter sent to the commercial grower on whose land they are attempting to kill an animal.
(o) Deer, bear, or turkey taken under wildlife depredation permits shall become property of the commercial grower, to be utilized or given away at their discretion, except that antlers with more than 4 total points, taken from deer between August 1 and March 31, must be turned over to the department within 10 business days.
(p) Wildlife, other than deer, bear, or turkey, shall be disposed of, if inedible, or given to a person in need of food assistance or to a charitable institution, such as a food bank.
(q) Within 14 days of the expiration date listed on the permit, the commercial grower shall mail all unused wildlife depredation tags and reports to the:

NH Fish and Game Department

Animal Damage Control, Wildlife Division

11 Hazen Drive

Concord, NH 03301

N.H. Admin. Code § Fis 304.04

#7159, INTERIM, eff 12-18-99, EXPIRED: 4-16-00

New. #7290, eff 5-24-00, EXPIRED: 5-24-08

New. #9236, INTERIM, eff 8-22-08, EXPIRED: 2-18-09

New. #9405, eff 3-7-09; ss by #10347, eff 5-22-13

Amended by Volume XXXVI Number 23, Filed June 9, 2016, Proposed by #11114, Effective 6/3/2016, Expires 6/3/2026.
Amended by Volume XLI Number 23, Filed June 10, 2021, Proposed by #13211, Effective 5/26/2021, Expires 5/26/2031
Amended by Number 23, Filed June 8, 2023, Proposed by #13644, Effective 6/1/2023, Expires 6/1/2033.