Bill seeks to refocus night‑hunting law on intent; Fish and Game warns it could weaken enforcement

Representative Donald MacFarlane introduced HB1045 as a bill to make the law clearer without legalizing hunting with lights. "This bill makes explicit what everyone already understands," MacFarlane said, arguing the statute should focus on intent and conduct, not mere possession or incidental illumination.

Colonel Kevin Jordan, New Hampshire Fish and Game law enforcement, testified that night hunting remains a serious public‑safety risk and that the existing misdemeanor framework is important to prevent dangerous conduct. "This is not the time to water down this bill," Jordan said, warning that changes could provide "alibis" to people deliberately using lights to take animals. He repeatedly distinguished incidental illumination (for example, headlights exposing a deer) from overt acts such as parking in a field and deploying a spotlight to pursue game.

Committee members asked whether existing exceptions for permitted coyote night hunting would create contradiction; Jordan said coyote permits typically involve preselected sites and different safety considerations. Members also raised hypotheticals—landowners checking livestock or a homeowner protecting a dog—and Jordan stressed the importance of officer discretion and court review in marginal cases.

The committee did not vote on HB1045 at the hearing; the record shows substantial agreement that the underlying issues deserve careful drafting to avoid unintended public‑safety gaps while preserving legitimate activities.