New Hampshire Revised Statutes 212-A:6 – Threatened Species
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I. Any species of wildlife determined to be an endangered species pursuant to the endangered species act shall be deemed to be an endangered species under this chapter and any species of wildlife determined to be a threatened species pursuant to the endangered species act shall be deemed to be a threatened species under this chapter. The executive director may determine, in accordance with this section, that any species of wildlife determined to be a threatened species under the endangered species act is an endangered species throughout all or any portion of the range of such species within this state.
II. In addition to the species deemed to be endangered or threatened pursuant to the endangered species act, the executive director with his staff may by rule determine whether any species of wildlife normally occurring within the state is an endangered or threatened species because of any of the following factors:
(a) Present or threatened destruction, modification or curtailment of its habitat or range;
(b) Overutilization for commercial, sporting, scientific, educational or other purposes; provided that within 2 years the general court ratifies said action of the executive director when it pertains to a commercial or sporting species. If such ratification does not take place in the first session of the general court following the listing of such species or within 2 years, whichever comes first, the species shall be removed from the list for a period of 2 years or until the general court ratifies the listing;
(c) Disease or predation; or
(d) Other natural or man-made factors affecting its continued existence within this state; provided, however, no species shall be determined as endangered or threatened based solely on rarity of the species.
III. The executive director shall make determinations under N.H. Rev. Stat. § 212-A:6, II on the basis of the best scientific, commercial and other data available to him and after consultation, as appropriate, with federal agencies, other interested state agencies, other states having a common interest in the species and interested persons and organizations. Except with respect to species of wildlife determined to be endangered or threatened species under N.H. Rev. Stat. § 212-A:6, I, the executive director may not add a species to or remove a species from any list published pursuant to N.H. Rev. Stat. § 212-A:6, IV except by rule adopted under N.H. Rev. Stat. Chapter 541-A and unless he has first:
(a) Notified the governor of any state sharing a common border with this state and in which the subject species is known to occur that such action is being proposed. In cases where the executive director determines that an emergency situation exists involving the continued existence of such species as a viable component of the state’s wildlife he may temporarily add species to the list if he has published a public notice that an emergency situation exists together with a summary of facts which support this determination. The executive director may subsequently make the addition permanent by the adoption of a rule so providing.
(b) Considered those actions, if any, being carried out or about to be carried out by the federal government, by other states, by other agencies of this state or its political subdivisions or by any other person which may affect the species under consideration, in making the determination whether or not any species of wildlife is an endangered or a threatened species.
IV. (a) The executive director shall adopt rules containing a list of all species of wildlife normally occurring within this state which he determines to be an endangered or threatened species. Each list shall refer to the species contained therein by scientific and common name, if any, and shall specify with respect to each such species over what portion of its range it is threatened with extinction.
(b) Except with respect to species of wildlife determined to be endangered or threatened pursuant to the endangered species act, the executive director shall, upon petition of an interested person who presents substantial evidence that warrants a review, conduct a review of any listed or unlisted species proposed to be removed from or added to the lists published pursuant to this paragraph. The executive director shall give public notice of the review.
II. In addition to the species deemed to be endangered or threatened pursuant to the endangered species act, the executive director with his staff may by rule determine whether any species of wildlife normally occurring within the state is an endangered or threatened species because of any of the following factors:
Terms Used In New Hampshire Revised Statutes 212-A:6
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(a) Present or threatened destruction, modification or curtailment of its habitat or range;
(b) Overutilization for commercial, sporting, scientific, educational or other purposes; provided that within 2 years the general court ratifies said action of the executive director when it pertains to a commercial or sporting species. If such ratification does not take place in the first session of the general court following the listing of such species or within 2 years, whichever comes first, the species shall be removed from the list for a period of 2 years or until the general court ratifies the listing;
(c) Disease or predation; or
(d) Other natural or man-made factors affecting its continued existence within this state; provided, however, no species shall be determined as endangered or threatened based solely on rarity of the species.
III. The executive director shall make determinations under N.H. Rev. Stat. § 212-A:6, II on the basis of the best scientific, commercial and other data available to him and after consultation, as appropriate, with federal agencies, other interested state agencies, other states having a common interest in the species and interested persons and organizations. Except with respect to species of wildlife determined to be endangered or threatened species under N.H. Rev. Stat. § 212-A:6, I, the executive director may not add a species to or remove a species from any list published pursuant to N.H. Rev. Stat. § 212-A:6, IV except by rule adopted under N.H. Rev. Stat. Chapter 541-A and unless he has first:
(a) Notified the governor of any state sharing a common border with this state and in which the subject species is known to occur that such action is being proposed. In cases where the executive director determines that an emergency situation exists involving the continued existence of such species as a viable component of the state’s wildlife he may temporarily add species to the list if he has published a public notice that an emergency situation exists together with a summary of facts which support this determination. The executive director may subsequently make the addition permanent by the adoption of a rule so providing.
(b) Considered those actions, if any, being carried out or about to be carried out by the federal government, by other states, by other agencies of this state or its political subdivisions or by any other person which may affect the species under consideration, in making the determination whether or not any species of wildlife is an endangered or a threatened species.
IV. (a) The executive director shall adopt rules containing a list of all species of wildlife normally occurring within this state which he determines to be an endangered or threatened species. Each list shall refer to the species contained therein by scientific and common name, if any, and shall specify with respect to each such species over what portion of its range it is threatened with extinction.
(b) Except with respect to species of wildlife determined to be endangered or threatened pursuant to the endangered species act, the executive director shall, upon petition of an interested person who presents substantial evidence that warrants a review, conduct a review of any listed or unlisted species proposed to be removed from or added to the lists published pursuant to this paragraph. The executive director shall give public notice of the review.