208:8 Illegal Night Hunting. –
I. A person is guilty of a misdemeanor if the person:
(a) Knowingly takes wild birds or wild animals between 1/2 hour after sunset and 1/2 hour before sunrise.
(b) Knowingly uses an artificial light between 1/2 hour after sunset and 1/2 hour before sunrise to illuminate, locate, or attempt to locate wild birds or wild animals while possessing on the person or in a motor vehicle, OHRV, snowmobile, boat, aircraft, or other craft propelled by mechanical power, a bow and arrow, crossbow and bolt, rifle, pistol, revolver, shotgun, or muzzle-loading firearm with live ammunition to fit the weapon, whether loaded or unloaded.
II. Any person convicted of illegal night hunting shall forfeit such firearms, lights, or any other equipment used or usable in the illegal night hunting at the time of such offense.
III. The knowledge or belief required for paragraph I is presumed in the case of a person who:
(a) Uses or is found in the possession of a bow and arrow, crossbow and bolt, a muzzle-loading firearm with live ammunition components to fit, or a rifle, revolver, or pistol larger than .22 caliber long rifle; or
(b) Uses shotgun shells carrying shot larger than number 4 birdshot.
IV. Nothing contained in this section shall be construed to prohibit the use of lights for checking traps as permitted in RSA 210:13.
Source. 1935, 124:2. 1941, 29:1. RL 242:6. 1947, 161:1. 1951, 119:1. RSA 208:8. 1955, 62:1. 1959, 25:1. 1983, 449:21. 1987, 277:2. 1989, 33:2, 3. 1993, 237:1. 1994, 51:3, eff. July 1, 1994. 1996, 108:8, 9, eff. July 14, 1996. 2004, 40:3, eff. Jan. 1, 2005. 2005, 210:9, eff. July 1, 2006.
Section 208:8-a
208:8-a Penalty for Illegal Use of Light. –
I. Any person who deliberately uses an artificial light during the period from September 1 through December 31 to illuminate, jack, locate or attempt to locate wild birds or wild animals shall be guilty of a violation.
I-a. The provisions of paragraph I shall not apply to a person using an artificial light to locate or view a moose from 9:00 a.m. to 11:00 p.m. on any day during the period of September 1 through the second Monday of October. In addition, the exception in this paragraph shall be limited to the following roads in Coos county:
(a) Class I, II, and III state highways.
(b) Class IV, V, and VI city or town roads, with the permission of the local governing body.
II. The taking of raccoons pursuant to RSA 210:2 shall be an affirmative defense, as defined in RSA 626:7, I(b), to an alleged violation of this section.
III. The checking of traps pursuant to RSA 210:13 shall be an affirmative defense as defined in RSA 626:7, I(b) to an alleged violation of this section.
Source. 1979, 19:1. 1981, 9:1. 1993, 72:1. 1994, 51:4, eff. July 1, 1994. 2001, 131:1, eff. June 29, 2001. 2005, 6:1, eff. July 2, 2005.