1. (a) “Agent” means the person(s) authorized to take wildlife on behalf of the commercial grower or public airport under the pre-damage deer kill permit or the wildlife depredation permit.

2. (b) “Agricultural product” means:

   1. (1) Livestock, which shall include, but not be limited to, all beef or dairy cattle, steer, oxen, goats, sheep, swine, horses, mules, or other equidae, as well as domesticated strains of buffalo, bison, llamas, alpacas, emus, ostriches, rabbits, yaks, or other fur-bearing animals;
   2. (2) Poultry or the production of eggs; and
   3. (3) Bees or the production of honey.
3. (c) “Claimant” means a person or legal entity whose documented gross sales in money to another person or entity of any agricultural product or commercial crop, or combination thereof, are at least $1,000 in a calendar year.
4. (d) “Commercial crop” means any agricultural or horticultural crop(s) planted, cultivated, and produced by a commercial grower.
5. (e) “Commercial grower” means commercial grower as defined in RSA 207:22-c, II(g), namely “any person who grows an agricultural or horticultural crop from which the person has derived, or reasonably expects to derive, an annual gross income from the sale of crops normally produced of at least $2500.
6. (f) “Nonqualifying product” means any product that is not a qualifying product, including but not limited to projected future qualifying products, unbaled grasses or alfalfa, compost, mulching products, or cover crops.
7. (g) “Public airport” means an airport that is registered with the state of New Hampshire as a public use airport.

8. (h) “Qualifying product” means:

   1. (1) Any agricultural product as defined in paragraph (b) above; or
   2. (2) Any commercial crop including, but not limited to, nursery stock grown as part of a commercial operation, plant materials processed and wrapped in airtight plastic wrapping, or berries, herbs, fruit, vegetables, tree fruit, grapes, corn, small grains, soybeans, or flowers grown by a claimant.

9. (i) “Wholesale value” means:

   1. (1) For any agricultural product shown in weekly market survey data available from the New Hampshire department of agriculture, the median auctioned value of the product at the time of the loss;
   2. (2) For any agricultural product not shown in such weekly market survey data, a value determined by examining all available evidence of the actual condition of the product, its stage of growth or readiness for market, costs to replace the product, or other factors identified by the claimant in an effort to derive a fair market value for the loss; or
   3. (3) For fruit trees, a replacement value determined by current nursery stock.

Source. #1670, eff 11-20-80; ss by #2832, eff 8-21-84; ss by #4858, eff 7-6-90; ss by #6276, INTERIM, eff 6-26-96, EXPIRED: 10-24-96 New. #7159, INTERIM, eff 12-18-99, EXPIRED: 4-16-00 New. #7290, eff 5-24-00; amd by #7881, eff 4-26-03; amd by #9236, INTERIM, eff 8-22-08, EXPIRED: 2-18-09 New. #9405, eff 3-7-09; ss by #11114, eff 6-3-16; ss by #13441, eff 8-29-22