§ 207:23-a — Damage by Bears

New Hampshire § 207:23-a

• Jurisdiction: New Hampshire
• Title XVIII: FISH AND GAME
• Ch. 207: GENERAL PROVISIONS AS TO FISH AND GAME
• Subdivision: Wildlife Damage Control

Text

I. Any person engaged in the husbandry and sale of at least $1,000 in agricultural products as defined in RSA 21:34-a who suffers loss or damage to livestock, bees, orchards or growing crops,in an amount of $250 or more at the current wholesale value of the items, by bear shall, if he or she claims damage therefor, notify the executive director of fish and game in writing of such damage within 30 days of the discovery of such damage. The executive director or the executive director's agent shall investigate such claim within 30 days from the receipt of notice of such damage, and in accordance with RSA 541-A:29, determine whether such damage was caused by bear, and appraise the amount to be paid, and notify the claimant in writing of the determination.
II. If the person sustaining the damage claimed under this section is dissatisfied with the finding of the executive director, such person shall notify the executive director in writing, and an adjudicative proceeding shall be commenced pursuant to RSA 541-A:31.
III. If the person sustaining the damage is dissatisfied with the decision of the executive director following the adjudicative proceeding, a further appeal shall be available in accordance with RSA 541.
IV. The executive director, upon reaching final agreement with the claimant, or after the conclusion of an appeal, shall present a certificate of the amount of appraisal to the governor, who is authorized to draw a warrant upon any money in the treasury not otherwise appropriated in payment therefor.
V. The executive director shall, in accordance with RSA 541-A, adopt rules to administer this provision, to include:
(a) Criteria to determine whether a person engaged in the husbandry and sale of agricultural products as defined in RSA 21:34-a qualifies to be a claimant hereunder, provided that any such person who shall document gross sales of any qualifying crop of at least $1,000 in a calendar year shall be deemed to qualify as a claimant.
(b) Procedures used to receive and document claims of damage by bear from claimants, to include when the damage occurred, which qualifying crop is affected, and what losses may be fairly attributed to action by such bear;
(c) A method to determine the current wholesale value of items covered by this section, to be used in the process of investigating and adjudicating any claim;
(d) Procedures to be used in the conduct of adjudicative proceedings hereunder; and
(e) Criteria to be used to recommend preventive measures and mitigating measures that claimants may use to prevent future harm, and that will be used to determine whether claims in future years shall be allowed for payment.

Legislative History

1895, 121:2. PL 150:1. RL 180:1. 1955, 324:4. RSA 470:1. RSA 207:23-a. 1967, 81:2, eff. June 26, 1967; 189:1, eff. Aug. 8, 1967. 2021, 91:123, eff. July 1, 2021.