N.H. Rev. Stat. § 207:1

Current through the 2024 Legislative Session

Section 207:1 - Definitions

Words and phrases used in this title shall be construed as follows:

I. Air rifle: A gun operated by compressed air or nonflammable gas cylinder by which a projectile of any size or kind can be discharged or propelled. For use in taking small game, such device shall be not less than .22 caliber and shall deliver not less than 12 foot-pounds of kinetic energy at the muzzle.

I-a. Angling: The taking of fish by line in hand, or rod in hand to which is attached a cast of artificial flies, or an artificial bait, or hooks or other devices for the attachment of bait. A person may have in use not more than 2 such lines at one time. Nothing in this title shall prohibit the use of a rod-holder in a boat.

II. Bag and Creel Limit: The number or weight of any kind of wildlife permitted to be killed in a specified time.

II-a. Baiting: The act of placing meat, carrion, honey or any other food or ingestible substance capable of luring or attracting coyote, fur-bearing animals, game birds, or game animals with the exception of gray squirrel.

II-b. Baited Area: An area where meat, carrion, honey or any other food or ingestible substance is placed, capable of luring or attracting coyote, fur-bearing animals, game birds, or game animals with the exception of gray squirrel.

III. [Repealed.]

IV. Closed Season: That period of time during which fish, game, wild or fur-bearing animals or marine species may not be taken or killed, and all periods of time not included within the open season.

IV-a. Commercial Fisherman: Any person who takes, possesses, lands, or transports, on the waters of this state, any marine species by any method for the purposes of sale.

V. Fin Fish: Includes all species and subspecies of fish listed under the definition of fish.

V-a. Firearm: Any weapon, including a starter gun, which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive.

VI. Fish: A member of any of the following classes: Cyclostomata, including, but not limited to, hagfishes and lampreys; elasmobranchii, including, but not limited to, sharks, skates, and rays; and pisces, including, but not limited to, trout, perch, bass, minnows, and catfish; including, any part, product, egg or offspring thereof, or the dead body or parts thereof, excluding fossils.

VII. Fly: A hook dressed with feathers, hair, thread, tinsel or any similar material to which no spinner, spoon or similar device is added.

VIII. Fur-Bearing Animals: Beaver, otter, marten, sable, mink, fisher or fisher cat, raccoon, bobcat, fox, coyote, opossum, weasel, skunk, and muskrat.

IX. Game: Game birds and game animals.

X. Game Animals: Moose, bear, caribou, elk, deer, wild rabbit, hare and gray squirrel.

XI. Game Birds: Ruffed grouse or partridge, spruce grouse, commonly called spruce partridge, pheasant, quail, European partridge, chukar partridge and turkeys.

XI-a. Game Camera. Any device capable of recording and transmitting photographic or video data, with or without a wire, to a remote device, such as a computer, smartphone, or other viewing device. The term shall also include a device that merely records photographic or video data and stores such data for later use.

XII. Guide: Any person who engages for hire, either directly or indirectly, in the business of guiding in this state.

XIII. Guiding: Includes every act whereby a person for hire directs, aids, assists or instructs another person in taking wildlife in this state.

XIII-a. Habitat stronghold: A high-quality habitat that supports the ability of wildlife to be more resilient to increasing pressures on species due to climate change and land development.

XIV. Inclusion of Dates: Whenever a period is named during which an act is permitted or prohibited, both the first and second dates named shall be included within such period.

XIV-a. Loaded: A round or projectile in the chamber fully dischargeable by pulling the trigger.

XV. Marine Species: Includes all fish which usually inhabit salt water, and all shellfish, lobsters, crabs, shrimps, clams, marine worms, other marine invertebrates and marine plants found in the coastal waters and estuarine waters under the jurisdiction of this state as defined in RSA 1:14 and 1:15.

XVI. Migratory Birds: See federal regulations.

XVII. Nonresident: All persons not coming within the definition of resident.

XVIII. Number; Gender: The singular shall include the plural; and the masculine shall include the feminine and neuter.

XVIII-a. OHRV: Off highway recreational vehicle as defined in RSA 215-A:1, VI.

XIX. Open Season: That period of time during which wildlife may be legally taken or killed.

XX. Person: Any individual, partnership, corporation, association, business trust, political subdivision or any other public or private entity.

XXI. Possession: Actual or constructive possession, and any control of things referred to.

XXII. Protected Birds: All wild birds not included within the terms Game Birds and Unprotected Birds.

XXIII. Resident: A resident of the state as defined in RSA 21:6, except that no person shall be deemed to be a resident who claims residence in any other state for any purpose.

XXIII-a. Revoke or Revocation: The recision, cancellation, nullification or invalidation of a license, the ability to acquire a license, or the ability to participate in any of the activities specified in the revocation.

XXIV. Sell and Sale: Includes barter, exchange, and offering or exposing for sale.

XXV. Set Line: A set line means any unattended line which is placed in the freshwaters of the state, including through the ice, for the purpose of taking fish which is not under the direct view and control of the person placing the line.

XXVI. Small Game: Ruffed grouse or partridge, spruce grouse, commonly called spruce partridge, pheasant, quail, European partridge, chukar partridge, wild rabbit and hare, gray squirrel and migratory birds (subject to federal regulations).

XXVI-a. Suspend or Suspension: The temporary discontinuance or cessation for a period of time of a license, the ability to acquire a license or the ability to participate in any of the activities specified in the suspension.

XXVII. Take or Taking: Includes pursuing, shooting, hunting, killing, capturing, trapping, snaring, and netting wildlife, and all lesser acts, such as disturbing, harrying, worrying, wounding, or placing, setting, drawing, or using any net or other device commonly used to take wildlife, whether they result in taking or not, and includes every attempt to take and every act of assistance to every other person in taking or attempting to take wildlife, provided that whenever taking is allowed by law, reference is had to taking by lawful means and in lawful manner.

XXVII-a. Taxidermy: The process of preparing, as in but not limited to, preserving, stuffing, and mounting the skins of wildlife for compensation.

XXVIII. Transport and Transportation: All carrying or moving, or causing to be carried or moved.

XXIX. Unprotected Birds: English sparrows, European starlings, and the common feral pigeon commonly known as the rock dove, Columba liva, except such birds as are protected by the laws of the federal government.

XXX. When Accompanied: Within sight and hearing, excluding electronic devices, when actual physical direction and control can be effected.

XXXI. White Deer: All deer which are primarily and predominantly white in color.

XXXII. Whole to Include Part: Every provision relating to wildlife shall apply to a part of such wildlife.

XXXIII. Wild Animals: All animals other than domestic animals.

XXXIV. Wild Birds: All birds other than domestic birds.

XXXV. Wildlife: Refers to all species of mammals, birds, fish, mollusks, crustaceans, amphibians, invertebrates, reptiles or their progeny or eggs which, whether raised in captivity or not, are normally found in a wild state.

XXXVI. Wildlife corridor: A habitat linkage that joins 2 or more areas of wildlife habitat, allowing for fish passage or the movement of wildlife from one area to another.

RSA 207:1

Amended by 2023, 232:6, eff. 1/1/2024.

Amended by 2022 , 48: 1, eff. 7/19/2022.

Amended by 2019 , 243: §§3, 4 eff. 9/10/2019.

Amended by 2018 , 324: 4, §5 eff. 8/24/2018.

Amended by 2018 , 77: 1, eff. 7/1/2018.

1935, 124:1. 1937, 188:3. 1939, 216:1. 1941, 126:2-7. RL 241:1. 1945, 131:1. 1947, 40:1. 1949, 9:1. 1951, 84:1. 1953, 193:2. RSA 207:1. 1955, 277:5. 1959, 24:1; 72:1. 1961, 188:1. 1965, 145:1. 1971, 90:2. 1973, 61:1; 207:1. 1975, 163:1; 340:6-9. 1977, 12:2; 67:2; 111:1; 247:1. 1979, 57:1. 1981, 148:1. 1983, 49:1; 251:1; 254:2; 449:18. 1985, 42:1. 1986, 9:1. 1991, 224:1; 229:1, 2. 1992, 171:1, 2. 1993, 235:2, 3. 1994, 43:1, eff. Jan. 1, 1995. 1997, 10:1, eff. Jan. 1, 1998. 2005, 11:1, eff. July 2, 2005. 2006, 14:1, eff. July 1, 2006. 2008, 65:1, eff. July 20, 2008. 2010, 18:1, eff. July 6, 2010.