Section 214:1-f Wildlife Habitat Stamp or License.


   I. No person shall at any time take wild animals or wild birds in this state without first procuring, in addition to any applicable licenses required by title XVIII, a wildlife habitat stamp or license under RSA 214:9, XV, for the same period. If a stamp is issued it shall be signed across the face in a permanent manner with the applicant's signature and shall be carried upon such person while engaged in taking wild animals or wild birds. A person under the age of 16 years may take wild animals or wild birds without such a stamp or license provided that, while so doing, the person is accompanied by an adult who has procured such stamp or license. This paragraph shall not apply to any person who takes wild animals or wild birds under a complimentary license, excluding any administrative fee, issued pursuant to RSA 214:3, RSA 214:7-a, RSA 214:13, RSA 214:13-b, or RSA 214:13-c, or a lifetime license issued pursuant to RSA 214:9-c or RSA 214:9-cc that was purchased in a prior calendar year.
   II. A license to take any kind of wild animal or wild bird as required by title XVIII shall not be issued, except for the complimentary licenses listed under paragraph I, to any person who has not purchased a wildlife habitat stamp or license. A person shall only be required to purchase one wildlife habitat stamp or license under RSA 214:9, XV each year regardless of the number of licenses purchased by that person during that year.
   III. For the purpose of this section, ""wild animal'' shall not include fish or marine species.
   IV. The executive director, with the approval of the commission, shall adopt rules, pursuant to RSA 541-A, relative to the manner of issuance of the wildlife habitat stamp or license, and may, with the approval of the commission, provide for the reproduction, sale, licensing, and other disposal of art created for the stamp. The art for the stamp may be selected through an art contest administered by the executive director with the approval of the commission. A stamp may be issued only upon prior authorization by the legislature.
   V. The state treasurer shall establish a separate nonlapsing account within the fish and game fund, to be known as the wildlife habitat account, to which shall be credited all fees collected under RSA 214:9, XV from the sale of wildlife habitat stamps and licenses and all proceeds derived from the art created for the stamp under paragraph IV. The state treasurer may accept public and private grants and donations into the account.
   VI. The state treasurer shall invest the moneys in the wildlife habitat account as provided by law. Interest received on investments shall be credited to the account.
   VII. The wildlife habitat account is continually appropriated and may only be used for the following purposes within the state of New Hampshire:
      (a) The development, management, preservation, conservation, restoration, and maintenance of wildlife habitat on both public and private lands, with at least 50 percent of the annual revenue from stamp and license sales dedicated to pay costs of labor and materials for direct physical land management activities;
      (b) Obtaining land access to wildlife habitat areas;
      (c) The acquisition of easements upon private property for the purposes of subparagraphs (a) and (b);
      (d) The acquisition of private land to protect critical wildlife habitat, provided that the governing body of any municipality, unincorporated town, or unorganized place in which the property is located approves;
      (e) The promotion and production of the wildlife habitat stamp and artwork; and
      (f) Providing information to the public on the location of properties managed by the fish and game department.
   VIII. When stamp and license revenue is used to either obtain an easement under subparagraph VII(c) or purchase land under subparagraph VII(d), no condition shall be accepted which restricts hunting and trapping on the associated land. This requirement shall not apply to lands used for access purposes or if the executive director finds that it is in the interest of the hunting and trapping community to allow such a restriction. The executive director shall allow hunting and trapping on such lands, as is permissible, but may prohibit for any length of time the hunting or trapping on the whole or part of such lands when it is necessary for the protection or propagation of a wildlife species or for public safety reasons.
   IX. The executive director, with the approval of the commission, shall expend the funds in the wildlife habitat account. Prior to the expenditure of any funds, the fish and game department shall analyze the proposed project and provide the executive director and the commission with recommendations as to the project's usefulness and feasibility.
   X. The executive director shall submit to the fiscal committee and the chairpersons of the house wildlife and marine resources committee and the senate wildlife and recreation committee a detailed fiscal year report by October 1 of each year, beginning with fiscal year 2000, with sufficient information to be fully understood by the general court and the public, summarizing the receipts and disbursements from the wildlife habitat account and the public benefits derived from the disbursements from it. Every fifth year, beginning in 2003, the annual report shall provide an in-depth financial accounting and summary of work accomplished in the previous 5 years, outlining all projects that are completed, in process, and planned. All annual reports shall be made available to the public after submission to the general court.

Source. 1998, 241:1, eff. Jan. 1, 1999. 2000, 256:3, eff. Aug. 11, 2000. 2006, 50:3, eff. Jan. 1, 2007.