#HB1339 prohibiting agreements to limit or reserve access to hunting, fishing, and trapping on private land #nhhouse

HB 1339, prohibiting agreements to limit or reserve access to hunting, fishing, and trapping on private land.  MAJORITY:  OUGHT TO PASS WITH AMENDMENT.  MINORITY:  INEXPEDIENT TO LEGISLATE.

Rep. Joe Duarte for the Majority of  Fish and Game and Marine Resources:  Public Trust Doctrine is principle of common law that establishes who owns and manages wildlife including game animals it is the core principle of the north American Model of Wildlife Management.  The Public Trust Doctrine is based on three principles.  State holds wildlife in trust for all the people.  The state has affirmative duty to fulfill the responsibilities created by this trust.  The state has no power to abrogate its trust over wildlife by transferring ownership or management of wildlife to private concern of individuals.  This bill would prevent giving exclusive right to hunt for payment and excludes others who have the right to hunt while protecting property rights by placing the penalty on the licensee. Vote 8-4.      

Rep. Norman A Tregenza for the Minority of  Fish and Game and Marine Resources:  The minority is sympathetic to the bills intent of prohibiting transactions for game, which belong to the citizens of New Hampshire even if they run onto private property.  There is, however, a concern by the minority of infringement upon private property rights.  The right to control access to one’s land is a fundamental right of property ownership.  We believe it is  unwise to permit government to intrude itself into private contract.