Section 210:9 Protection of Beaver.


   I. No person shall destroy or disturb or interfere in any manner with the dams or houses of beaver, without first obtaining a special permit from the executive director.
   II. Notwithstanding paragraph I or any other provision of law or rule of the executive director or the department of environmental services, a landowner, the landowner's agent, or any town or municipal or state official or employee, may destroy beaver, remove beaver dams, or install beaver pipes or beaver fences on property under their control to protect property, public highways, or bridges from damage or submersion. Dam removal shall be allowed without a permit under RSA 482-A if machinery does not enter the water and filling or dredging in or adjacent to surface water, wetlands, or their banks does not occur. Removal shall be done in a gradual manner that does not allow a sudden release of impounded water so as to cause erosion, siltation, or a safety hazard downstream.
   II-a. For purposes of paragraph II, the term ""beaver pipes'' means no more than 3 temporary structures with the widest dimension no larger than 15 inches that is placed in a beaver dam to allow water passage to maintain a specific water surface elevation, and the term ""beaver fences'' means posts and fencing installed at culverts in such a manner as to either encourage or discourage beaver damming against the fence.
   III. The executive director may require the reporting of beaver taken pursuant to paragraph II by rules made in accordance with RSA 541-A.
   IV. Skins or unskinned carcasses taken under this section shall be sealed pursuant to RSA 210:8 before such skins or unskinned carcasses are sold or given away.
   V. The executive director or his agents shall provide advice relative to beaver control techniques when requested.

Source. 1939, 81:2. RL 244:10. 1943, 64:3. RSA 210:9. 1967, 441:3. 1988, 79:1, eff. June 14, 1988. 1996, 228:42, eff. July 1, 1996. 2009, 257:1, eff. Sept. 14, 2009.