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RSA 212-A:9 · Conservation Programs
212-A:9 Conservation Programs. –
Copy linkThe executive director shall establish such programs, including acquisition of land or aquatic habitat or interests therein, as are deemed necessary for the conservation of endangered or threatened species. The executive director shall utilize all authority vested in the fish and game department to carry out the purposes of this section.
Copy linkIn carrying out programs authorized by this section the executive director shall consult with other states having a common interest in particular threatened or endangered species of wildlife and may enter into agreements with federal agencies, other states, political subdivisions of this state or private persons with respect to programs designed to conserve endangered or threatened species of wildlife including, where appropriate, agreements for administration and management if any are established under this section or utilized for conservation of endangered or threatened species of wildlife.
Copy linkAll other state departments and agencies, to the extent possible, consistent with their authorities and responsibilities, shall take such action as is reasonable and prudent to ensure that actions authorized, funded, or carried out by them do not appreciably jeopardize the continued existence of such species or result in the destruction or modification of habitat of such species which is determined by the executive director to be critical, by requiring that all such action is designed to avoid, minimize, and mitigate harm to such species and habitat designated as critical. Other departments and agencies may consult with the executive director or hire their own internal wildlife biologists to carry out the requirements of this paragraph. The executive director shall assist other departments and agencies in carrying out this paragraph. For the purpose of this statute, "appreciably jeopardize the continued existence of such species" shall be defined in rules adopted by the executive director pursuant to RSA 541-A. The provisions of RSA 212-A or any rule promulgated under this chapter shall not be applicable to a state department or agency when that state department or agency, in the process of undertaking an action, is required by federal law or regulation to address the environmental impact on wildlife or wildlife habitat, of that action.
Copy linkTo meet the requirements of paragraph III, the department of environmental services shall complete the review for any permit, approval, or written authorization required pursuant to RSA 482-A, RSA 485-A, and RSA 236. The department of environmental services shall adopt rules under RSA 541-A to implement the review process and establish a fee schedule for any requested reviews. Such rulemaking shall commence within 90 days of the effective date of this paragraph. The revenue collected from this section shall be deposited into the water resources fund established in RSA 482-A:3, III.
Copy linkAny reviews conducted to fulfill the requirements of paragraph III for any permit, approval, or written authorization shall be conducted as follows:
Copy linkReviews shall not exceed 60 days from receipt of all information as required by rules developed pursuant to paragraph IV;
Copy linkThe time to complete the review may be extended with written authorization from the applicant;
Copy linkIf the agency or department requests additional information from the applicant necessary to complete the review, the time it takes the applicant to respond shall not count against the 60 day timeline in subparagraph (a); and
Copy linkIf the review period is not completed within the required timelines, except as provided for in subparagraph (c), then the permit, approval, or written authorization shall be deemed to not appreciably jeopardize the continued existence of a threatened or endangered species. Source. 1979, 356:1, eff. Aug. 22, 1979. 2021, 203:1, eff. Oct. 9, 2021. 2025, 141:2, eff. July 1, 2025.
Copy linkSource note
Source. 1979, 356:1, eff. Aug. 22, 1979. 2021, 203:1, eff. Oct. 9, 2021. 2025, 141:2, eff. July 1, 2025.
Source history
- 1979, 356:1, eff. Aug. 22, 1979
- 2021, 203:1, eff. Oct. 9, 2021
- 2025, 141:2, eff. July 1, 2025
Related materials
Bill relationships
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2026 HB1603
repeal
athering of such record. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Endangered Species Conservation Act; Conservation Program. RSA 212-A:9, III is repealed and reenacted to read as follows: III.(a) ?All other state departments and agencies, to the extent possible, consistent with their authorities and responsibilities, shall take such action as is reas
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2026 HB1603
reference
is statute, "appreciably jeopardize the continued existence of such species" shall be defined in rules adopted by the executive director pursuant to RSA 541-A. ? The provisions of RSA 212-A or any rule promulgated under this chapter shall not be applicable to a state department or agency when that state department or agency, in the process of undertaking an action, is required by federal law or regulation
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2026 HB1603-FN
reference
is statute, "appreciably jeopardize the continued existence of such species" shall be defined in rules adopted by the executive director pursuant to RSA 541-A. ? The provisions of RSA 212-A or any rule promulgated under this chapter shall not be applicable to a state department or agency when that state department or agency, in the process of undertaking an action, is required by federal law or regulation
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2026 HB1603-FN
repeal
athering of such record. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Endangered Species Conservation Act; Conservation Program. RSA 212-A:9, III is repealed and reenacted to read as follows: III.(a) ?All other state departments and agencies, to the extent possible, consistent with their authorities and responsibilities, shall take such action as is reas
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2026 SB109
amend
s. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Fish and Game; Endangered Species Conservation Act; Conservation Programs. Amend RSA 212-A:9, III to read as follows: III. All other state departments and agencies, to the extent possible, consistent with their authorities and responsibilities, shall assist and cooperate with the executive director in the furt
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2026 SB109
reference
this statute, "appreciably jeopardize the continued existence of such species" shall be defined in rules adopted by the executive director pursuant to RSA 541-A. The provisions of RSA 212-A or any rule promulgated under this chapter shall not be applicable to a state department or agency when that state department or agency, in the process of undertaking an action, is required by federal law or regulation
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2026 SB109-FN
reference
this statute, "appreciably jeopardize the continued existence of such species" shall be defined in rules adopted by the executive director pursuant to RSA 541-A. The provisions of RSA 212-A or any rule promulgated under this chapter shall not be applicable to a state department or agency when that state department or agency, in the process of undertaking an action, is required by federal law or regulation
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2026 SB109-FN
amend
s. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Fish and Game; Endangered Species Conservation Act; Conservation Programs. Amend RSA 212-A:9, III to read as follows: III. All other state departments and agencies, to the extent possible, consistent with their authorities and responsibilities, shall assist and cooperate with the executive director in the furt
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2025 HB2
reference
al scientist position established within the department of environmental services, compensated under SOC 19, Payband 8, for the purpose of administering the environmental species act conservation program under RSA 212-A:9, III. 141:4 Fish and Game; Endangered Species Conservation Act; Threatened and Endangered Species Compensatory Mitigation Fund. Amend RSA 212-A:16 to read as follows: 212-A:16 Threatened and Endangered Species
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2025 HB2
reference
paragraph. For the purpose of this statute, "appreciably jeopardize the continued existence of such species" shall be defined in rules adopted by the executive director pursuant to RSA 541-A. The provisions of RSA 212-A or any rule promulgated under this chapter shall not be applicable to a state department or agency when that state department or agency, in the process of undertaking an action, is required by federal law or r