1. (a) Pursuant to RSA 207:23-a, a claimant, as defined in Fis 304.01(c), shall notify the wildlife division chief in writing of any claim for damage by bear within 30 days of the discovery of such damage at:

   NH Fish and Game Department

   Wildlife Division

   Claim for Bear Damage

   11 Hazen Drive

   Concord, NH 03301

2. (b) The claimant shall provide the following information to the wildlife division regarding the claim:

   1. (1) The claimant’s name, address, telephone number, and email contact information, if available;
   2. (2) The physical location where the bear allegedly damaged the qualifying products;

   3. (3) Documentation to show that the claimant was engaged in the husbandry and sale of qualifying products of at least $1,000 in retail value at the time of the claimed loss, such as:

      1. a. Sales receipts;
      2. b. Tax documents;
      3. c. Invoices; or

      4. d. Other documentation that provides proof of the claimant’s gross annual sales of at least

         $1,000 of the qualifying product(s);

   4. (4) Documentation of the actual damage to qualifying products in the form of photographs, or digital photographs, of the affected products;
   5. (5) Documentation that the damage was caused by bear, in the form of photographs, or digital photographs, of tracks, claw marks, scat, hair, or other evidence of the manner and extent of the damage;
   6. (6) The date of the claimed loss;
   7. (7) The value of the claimed loss of at least $250.00, calculated at wholesale value. In the event no market data is available to substantiate a wholesale value, the burden shall be upon the claimant to establish a reasonable value of the lost product, pursuant to Fis 304.01(i)(2);
   8. (8) Certification that the location of the damage is not posted to prohibit hunting, except as permitted by RSA 207:22-a; and
   9. (9) The signature of the owner of the qualifying products damaged or lost, which signature shall constitute a certification that all of the facts contained in the claim are true and accurate to the best information and belief of the claimant and subject to RSA 641:3.

3. (c) Within 30 days of the receipt of the claim, the wildlife division shall examine the same for completeness, and:

   1. (1) Notify the claimant in writing that the claim is complete and is being investigated; or
   2. (2) Notify the claimant in writing that the claim is incomplete and list the information that shall be provided before the claim process continues.
4. (d) No claim shall be processed to a decision until all required information has been provided to the department.
5. (e) Within 60 days of receipt of a complete claim, unless extended by written agreement with the claimant, the wildlife division chief shall issue a written decision granting the claim in full, granting the claim in part, or denying the claim.

6. (f) For any claim approved in whole or in part, the wildlife division chief shall also provide in the written decision a description of abatement measures the claimant may use to mitigate future damage, which the department shall use to determine whether claims in future years shall be allowed for payment, such as, but not limited to:

   1. (1) Properly installed electric fencing with the required number of strands of conductor and voltage or other exclusionary measures to prevent the animal(s) from gaining access to the qualifying products;
   2. (2) Noisemakers or other items used to scare the animal(s) away from the area of the qualifying products;
   3. (3) Removal of food sources or other attractants to prevent the animal(s) from being attracted to the area of the qualifying products;
   4. (4) Use of trained bear hounds to haze bears away from the area of the qualifying products;
   5. (5) Use of a properly licensed hunter, during the open bear hunting season, to remove bear from the area of the qualifying products; or
   6. (6) Other measures that take into account the economic impact to the claimant.
7. (g) The written decision shall include notice to the claimant of the right to appeal the decision in accordance with Fis 304.10 and Fis 200.

Source. #13441, eff 8-29-22