CHAPTER 209
HB 1332 – FINAL VERSION
05/16/12 2227s
2012 SESSION
10/01
HOUSE BILL 1332
AN ACT relative to the law enforcement authority of fish and game conservation officers.
SPONSORS: Rep. Kreis, Merr 6; Rep. Parsons, Straf 3; Rep. Comtois, Belk 5; Rep. Okerman, Rock 4; Rep. Swinford, Belk 5; Rep. Itse, Rock 9
COMMITTEE: Fish and Game and Marine Resources
This bill clarifies the authority of fish and game conservation officers to conduct searches and seizures in enforcement of the fish and game laws.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05/16/12 2227s
12-2050
10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to the law enforcement authority of fish and game conservation officers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
209:1 Fish and Game Conservation Officers; Powers. Amend RSA 206:26 to read as follows:
206:26 Powers. The executive director, if certified as a police officer in accordance with RSA 188-F:26, IV, and each conservation officer, shall have the power:
I. To enforce all laws, rules and regulations relating to all wildlife, and to go upon any property outside of buildings, posted or otherwise, in the performance of their duties;
II. To execute all warrants and search warrants, based on probable cause, for the violation of laws, rules and regulations relating to all wildlife;
III. To serve subpoenas issued for the trial of all offenses against the laws, rules and regulations relating to all wildlife;
IV. To carry firearms or other weapons, concealed or otherwise, in the performance of their duties;
V. To arrest without warrant, but based on probable cause, and on view any person found violating any law, rule or regulation relating to all wildlife, take such person before a court having jurisdiction for trial, and detain such person in custody at the expense of the state until trial;
VI. To stop and to search without a warrant and to examine in the field, in the highway, at an airbase or on the stream, any person, or any boat, conveyance, aircraft, vehicle, gamebag, game coat, creel, crate, box, locker or other receptacle, in the presence of the owner if reasonably possible, or any so-called fish house or bob-house, in the presence of the occupant, for all wildlife, when there is reasonable [cause] and articulable suspicion to believe that any wildlife, or any illegal apparatus subject to forfeiture, is concealed thereon or therein;
VII. To secure and execute search warrants, based on probable cause, and in pursuance thereof, to enter any building, enclosure, vehicle or car, and to break open any apartment, chest, locker, box, trunk, crate, basket, bag, package or container, and to examine the contents thereof;
VIII. To seize and take possession of all wildlife, which has been caught, taken or killed, or had in possession, or under control, or which has been shipped or is about to be shipped, at any time, in any manner, or for any purpose, contrary to the laws of this state and to dispose of all wildlife which has been confiscated, seized or picked up for any reason, in a manner prescribed by the executive director, unless otherwise authorized by the court exercising proper jurisdiction;
IX. To seize all fishing tackle, guns, shooting and hunting paraphernalia, hunting or fishing licenses, traps, boats, decoys or other appliances used in violation of any law or rule relating to all wildlife when making an arrest, or found in the execution of a search warrant, and hold the same at the owner’s expense until the fine and costs imposed for the violation have been paid in full;
X. To caution persons of the danger from fires in the forests and to extinguish a fire left burning, to give notice to the forest fire warden and interested parties of fires threatening to extend beyond control, and assume all lawful powers of a fire warden pending the fire warden’s arrival;
XI. To enforce the laws relating to snowmobiles, all terrain vehicles, trespass on posted lands, motor vehicles blocking private ways, vandalism and malicious damage to property and livestock, use and transportation of firearms for hunting, bob houses, boats, dogs at large, breaking and entering and larceny in remote areas, protection of the environment, littering and dumping;
XII. To conduct search and rescue operations in woodlands and inland waters and to provide security at the sites thereof, and to enforce recovery of expenses under RSA 206:26-bb;
XIII. In emergencies upon their requests, to cooperate with other law enforcement agencies;
XIV. To have and exercise the powers and privileges granted by RSA 594 as to matters within their jurisdiction under this section.
209:2 Marine Species; Search and Seizure. Amend RSA 211:75 to read as follows:
211:75 Search and Seizure. Any conservation officer shall have power:
I. To search without a warrant and examine any person or any boat, conveyance, vehicle, box, bag, locker, traps, crate or other receptacle or container for marine species, when [he] the conservation officer has reasonable [cause] and articulable suspicion to believe that marine species taken contrary to the provisions of this chapter are concealed thereon or therein.
II. To secure and execute search warrants, based on probable cause, and in pursuance thereof to enter any building, enclosure, vehicle or car and to break open any apartment, chest, locker, box, trunk, crate, basket, bag, package or container and to examine the contents thereof.
III. To seize and take possession of any marine species which have been caught, taken or killed or had in possession or under control or which have been shipped or are about to be shipped at any time, in any manner, or for any purpose, contrary to the laws of this state.
IV. To raise, lift or in any way examine any pot, trap, car or other contrivance that is set for the taking or holding of marine species and to seize all pots, traps, cars or other contrivances and the contents thereof used in violation of any law or rule relating to marine species, and to hold the same until the fine and costs imposed for such violation have been paid in full. Provided, that in case such fine and costs are not paid within 60 days after imposition such pots, traps, cars or contrivances may be sold at public auction. Prior to such sale the department shall give notice to the owner, if known, by registered mail; otherwise a notice shall be published once in a newspaper of general circulation in the state, giving the time and place of such sale. If the owner shall appear and shall pay the fines and costs and shall reimburse said department for expenses incurred in connection therewith, the property shall be delivered to the owner; otherwise the same shall be sold and the proceeds of such sale shall be for the use of the department, unless otherwise authorized by the court exercising proper jurisdiction.
V. To board any boat which is on public waters under the jurisdiction of this state with or without a warrant, if [he] the conservation officer has reasonable [cause] and articulable suspicion to believe that any provisions of the statutes, rules and regulations relating to the taking of marine species as defined in RSA 207:1 or 211:62 are being or have been violated thereon, for the purpose of enforcing such statutes, rules and regulations.
209:3 Effective Date. This act shall take effect January 1, 2013.
Approved: June 13, 2012
Effective Date: January 1, 2013