I. No person shall set, arrange or tend any trap upon any land or from the
shores of any waters of which he is not the owner or occupant, except such traps
as may be placed under water from a boat or canoe or through the ice on any
public body of water as defined in RSA 271:20 or on the following named rivers,
Androscoggin, Ammonoosuc, Ashuelot, Bear Camp, Contoocook, Connecticut, Cocheco,
Exeter, Lamprey, Mascoma, Merrimack, Merrymeeting, Islinglass, Pemigewasset,
Pine, Saco, Soucook, Suncook, Winnipesaukee and their navigable tributaries,
until he has secured from the owner or occupant a permit in writing signed by
said owner or occupant, and until he shall have filed with the conservation
officer in whose district said person is going to trap, a copy thereof, together
with a description of the land on which trapping is to be done. Navigable tributary
as used in this section shall be defined as those waters from the mouth of said
tributary to a point upstream where a person can row a boat or paddle a canoe
when the water in the stream is in its ordinary condition.
II. All metal traps shall have the name of the person setting them, either stamped
or engraved in a legible and permanent manner on the trap or on a durable tag
securely affixed to the metal trap or chain holding said trap.
III. No person shall set or arrange any trap in a public way, cart road or path commonly used as a passageway by human beings or domestic animals.
IV. The executive director, with the approval of the commissioner of the department of public works and highways in the case of Class I, II or III highways, and of the municipality in the case of Class IV, V or VI highways, is authorized to issue special permits allowing the setting of traps for a specified period of time and in a specific location under or in the vicinity of bridges or in artificial or natural ditches or drainage systems or in the vicinity of any combination of such within the limits of the right-of-way of any public highway if such trapping is desirable to protect the highway.
Source. 1935, 124:4. 1937, 188:15a. 1939, 125:1. RL 244:12. 1951, 195:1. RSA
210:11. 1975, 12:1. 1977, 24:1. 1979, 49:1, eff. June 11, 1979.
It shall be unlawful for any person to set any "conibear" traps
or similar trap of a size larger than number 220, except when the trap is:
I. Five feet or more above the ground or surface of the snow with the exception
of a snowstorm during the previous 24 hours;
II. In water for trapping beaver or otter; or
III. Set for bear under the provisions of RSA 208:22 and RSA 210:15.
Source. 1973, 171:1, eff. July 27, 1973.
No person shall set or arrange any trap prior to the first day of the open
season for trapping any particular fur-bearing animal.
Source. 1947, 42:1, eff. March 18, 1947.
Notwithstanding any other law to the contrary, a person shall visit his traps
at least once in each calendar day, provided, however, that a person trapping
for beaver through the ice during the open season therefor, shall visit his
traps once in each 72 hours. Trappers shall be permitted to use artificial lights
during the hours of darkness to facilitate the checking of traps under this
section, subject to the following restrictions: no person shall check traps
at night by the use of a rifle, revolver, or pistol larger than a .22 caliber
long rifle or by use of shotgun shells carrying shot larger than number 4 birdshot;
and checking traps by the use of lights from a motor vehicle shall be prohibited.
Only a person whose name is either stamped or engraved on the traps or on a
durable tag securely affixed to the traps shall have the authority to tend the
traps. In case of an emergency, the owner of the traps may grant written permission
to another duly licensed trapper to tend the traps.
Source. 1935, 124:4. 1937, 188:15. 1941, 126:14. RL 244:13. 1951, 11:3. RSA
210:13. 1977, 76:1. 1994, 51:1, eff. July 1, 1994.
No person shall disturb the trap of another, nor take a fur-bearing animal
from the trap of another unless an owner shall have complied with the authorization
provisions of RSA 210:13. Any person taking a fur-bearing animal from a trap
set by another without complying with RSA 210:13 shall be deemed guilty of theft
by unauthorized taking or transfer and punishable accordingly.
Source. 1935, 124:4. RL 244:14. RSA 210:14. 1977, 76:2, eff. June 27, 1977.
A person who sets or causes to be set a bear trap shall build in a suitable
manner, and maintain around the same, a railing or guard not less than 3 feet
high, and shall post not less than 2 painted signs, with the words "Bear
Trap" thereon in letters not less than 3 inches in height, on such railing
or guard.
Source. 1935, 124:4. 1937, 188:16. RL 244:15.
No person shall set or use at any time any device, the object of which is to
discharge a firearm, for the purpose of taking game or fur-bearing animals.
Source. 1935, 124:4. RL 244:16.
I. No person shall use a snare or poison, explosives or chemicals, or smoke
out or dig out any den or house of any kind, or cut den trees, for the purpose
of taking fur-bearing animals.
II. Notwithstanding the provisions of paragraph I, snares set under water or
ice shall be permitted for the taking of beaver and otter only, during the open
season therefor, provided:
(a) Each individual snare, whether set singularly or in the aggregate, shall be affixed with a durable tag denoting the name of the licensed trapper who sets, arranges, or tends the snare; and
(b) That in addition to the landowner permit required by RSA 210:11, the trapper has secured from the landowner or occupant a special permit to use snares, signed by the owner or occupant, and shall have filed a copy of the special permit with the conservation officer in whose district the person is going to set or use snares.
III. [Repealed.]
IV. For the purposes of this section, the executive director may adopt rules relative to the use of snares, under RSA 541-A.
V. Any person taking fur-bearing animals or coyotes by the use of snares shall meet all the requirements pertaining to traps and trapping required by title XVIII.
Source. 1935, 124:4. RL 244:18. RSA 210:17. 1986, 233:1, eff. June 11, 1986;
233:3, I, eff. July 17, 1987.
Any person causing injury or damage to domestic animals by the aid or use of
traps shall be liable to the owner therefor.
Source. 1935, 124:4. RL 244:18.
Any person who violates a provision of this chapter is subject to the following
penalties:
I. For each offense under RSA 210:1-4 inclusive, and RSA 210:11-14, inclusive,
a person shall be guilty of a violation if a natural person, or guilty of a
misdemeanor if any other person; and for each otter, mink, muskrat, raccoon,
sable, marten or fisher taken or possessed contrary to the provisions thereof,
any person shall be guilty of an additional violation.
II. For each offense of RSA 210:15 and 210:16, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person, and such person shall be liable for twice the amount of the damage caused by his act, to be recovered by the person or his estate sustaining the injury or loss.
III. For each offense under RSA 210:17, a person shall be guilty of a violation.
Source. 1935, 124:4. 1937, 188:17. 1939, 81:3. RL 244:19. 1945, 131:3. RSA
210:19. 1967, 33:2. 1973, 529:40, eff. at 11:59 P.M., Oct. 31, 1973.
