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SENATE BILL 114
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Pat Woods
AN ACT
RELATING TO THE STATE GAME COMMISSION; ALTERING LAND
ACQUISITION PROCEDURES; REQUIRING THE APPROVAL OF ACEQUIA
ASSOCIATIONS, LAND GRANTS, BOARDS OF COUNTY COMMISSIONERS AND
THE LEGISLATURE PRIOR TO ACQUIRING LAND OR WATER RIGHTS;
INSTITUTING REPORTING REQUIREMENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 17-1-14 NMSA 1978 (being Laws 1921,
Chapter 35, Section 7, as amended) is amended to read:
"17-1-14. GENERAL POWERS AND DUTIES OF STATE GAME
COMMISSION--GAME PROTECTION FUND--LIABILITY SUSPENSE ACCOUNT.--
A. The state game commission shall have general
control over the collection and disbursement of all money
collected or received under the state laws for the protection
and propagation of game and fish, which money shall be paid
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over to the state treasurer to the credit of the game
protection fund, unless otherwise provided by law, and the
fund, including all earned income, shall not be transferred to
another fund. Prior to depositing money into the game
protection fund, the department of game and fish shall ensure
that an amount adequate to cover the cost of refunds allowed by
the provisions of Chapter 17 NMSA 1978 is held in a liability
suspense account. All refunds shall be made from the liability
suspense account. Money not needed to cover the cost of
refunds shall be deposited in the game protection fund at the
end of each month. Chapter 17 NMSA 1978 shall be guaranty to
the person who pays for hunting and fishing licenses and
permits that the money in that fund shall not be used for any
purpose other than as provided in Chapter 17 NMSA 1978.
B. The state game commission shall have authority
to:
(1) establish and, through the director of the
department of game and fish, to operate fish hatcheries for the
purpose of stocking public waters of the state and to furnish
fish fry and fingerlings to stock private waters, receipts from
such sources to go into the game protection fund;
(2) declare closed seasons in any specified
locality and on any species of game or fish threatened with
undue depletion from any cause;
(3) establish game refuges for the purpose of
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providing safe sanctuaries in which game may breed and
replenish adjacent hunting ranges, it being the purpose of this
provision to establish small refuges rather than large
preserves or to close large areas to hunting;
(4) subject to the procedural requirements of
Section 17-4-1 NMSA 1978 , purchase lands for game refuges where
suitable public lands do not exist, to purchase lands for fish
hatcheries and to purchase lands to be maintained perpetually
as public hunting grounds, particularly lands suitable for
waterfowl hunting, all such lands to be paid for from the game
protection fund;
(5) receive by gift or bequest, in the name
and on behalf of the state, lands suitable for game refuges,
hunting grounds, fish hatcheries or for any other purpose
necessary to carry out the provisions of Chapter 17 NMSA 1978;
(6) apply for and accept any state, federal or
private funds, grants or donations from any source for game and
fish programs and projects;
(7) designate certain areas as rest grounds
for migratory birds, in which hunting shall be forbidden at all
times or at such times as the state game commission shall
provide, it being the purpose of this provision not to
interfere unduly with the hunting of waterfowl but to provide
havens in which they can rest and feed without molestation;
(8) close any public stream or lake or portion
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thereof to fishing when such action is necessary to protect a
recently stocked water, to protect spawning waters or to
prevent undue depletion of the fish;
(9) propagate, capture, purchase, transport or
sell any species of game or fish needed for restocking any
lands or streams of the state;
(10) after reasonable notice and hearing,
suspend or revoke any license or permit issued pursuant to the
provisions of Chapter 17 NMSA 1978 and withhold license
privileges from any person procuring a license through
misrepresentation, violating any provisions of Chapter 17 NMSA
1978 or hunting without a proper license;
(11) adopt rules establishing procedures that
provide reasonable notice and a hearing before the state game
commission for the suspension, revocation or withholding of
license privileges for a definite period of time for a person
charged with violating the provisions of Chapter 17 NMSA 1978,
subject to such judicial review as may be provided by law;
(12) conduct studies of programs for the
management of endangered and nongame species of wildlife;
(13) establish licenses, permits and
certificates not otherwise provided for in Section 17-3-13 NMSA
1978 and charge and collect just and reasonable fees for them;
provided that the fees shall not exceed the costs of
administration associated with the licenses, permits or
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certificates;
(14) permit, regulate or prohibit the
commercial taking or capturing of native, free-ranging
amphibians or reptiles not specifically protected by law,
except for rattlesnake roundups, collection of fish bait and
lizard races;
(15) adopt rules to control, eradicate or
prevent the spread of a contagious disease, pest or parasite,
including chronic wasting disease, to or among game animals.
The rules shall include provisions for:
(a) notification to the department of
game and fish of the diagnosis or suspected presence of a
contagious disease;
(b) examination by the state
veterinarian or the state veterinarian's designee of suspected
infected game animals;
(c) quarantine, treatment or destruction
of an infected game animal;
(d) disinfection and isolation of a
licensed private park where an infected game animal has been;
and
(e) indemnification and destruction of a
protected game animal;
(16) as necessary, designate areas of the
state in which bear-proof garbage containers are required on
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public and private lands to reduce potential human-bear
interactions;
(17) pursuant to appropriation by the
legislature, expend money from the game protection fund and the
habitat management fund for the improvement, maintenance,
development and operation of property for fish and wildlife
habitat management; and
(18) adopt rules to recruit, train and accept
the services of volunteers for education and outreach
activities, hunter and angler services and wildlife
conservation activities administered by the department of game
and fish; provided that a volunteer:
(a) shall comply with all policies and
procedures of the director of the department of game and fish;
and
(b) shall not be deemed to be a state
employee and shall not be subject to the provisions of law
relating to state employment, including those relating to hours
of work, rates of compensation, leave, unemployment
compensation and state employee benefits.
C. The director of the department of game and fish
shall exercise all the powers and duties conferred upon the
state game and fish warden by all previous statutes now in
force not in conflict with Chapter 17 NMSA 1978.
D. The state game commission shall have authority
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to prohibit all hunting in periods of extreme forest fire
danger, at such times and places as may be necessary to reduce
the danger of destructive forest fires.
E. The hunting, pursuing, capturing, killing or
wounding of any game animals, birds or fish in or upon any game
refuge, rest ground or closed water or closed area or during
any closed season established or proclaimed by the state game
commission in accordance with the authority conferred in
Chapter 17 NMSA 1978 constitutes a misdemeanor and shall be
punishable as prescribed in Chapter 17 NMSA 1978."
SECTION 2. Section 17-2-44 NMSA 1978 (being Laws 1974,
Chapter 83, Section 8, as amended) is amended to read:
"17-2-44. DIRECTOR--LAND OR AQUATIC HABITAT INTEREST
ACQUISITION.--In addition to other powers and duties, the
director:
A. subject to the procedural requirements of
Section 17-4-1 NMSA 1978 , may acquire land or aquatic habitat
interests for the conservation, management, restoration,
propagation and protection of threatened or endangered species;
and
B. shall conduct studies to determine the status
and requirements for survival of threatened or endangered
species."
SECTION 3. Section 17-4-1 NMSA 1978 (being Laws 1939,
Chapter 223, Section 1, as amended) is amended to read:
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"17-4-1. POWER TO ACQUIRE LAND .--
A. The state game commission [of the state of New
Mexico is hereby authorized and empowered to ] may acquire by
purchase, gift, bequest or lease, and [to ] hold, develop and
improve, lands for fish hatcheries, game farms, game refuges,
bird refuges, resting and nesting grounds, field stations,
dams, lakes, ditches, flumes, waterways, pipelines, canals,
rights of way, trails and roads and for all purposes incidental
to the propagation, preservation, protection and management of
the game, birds, fish and wildlife of the state [of New
Mexico].
B. The state game commission shall, prior to
acquiring land or water rights:
(1) obtain written approval of an acequia
association, a land grant and the board of county commissioners
of the county in which the property or water rights sought are
located;
(2) examine and compile a report on the
social, cultural and economic impacts to the acequia
association, land grant or county in which the acquisition is
located; and
(3) obtain the approval of the legislature for
the acquisition.
C. The state game commission shall report to the
legislature no later than October 1 of each year on all
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expenditures from the game protection fund and their purposes,
the results of the social, cultural and economic impact survey
of any land or water acquisition and recommendations for
legislative approval for further expenditures from the fund for
the acquisition of land or water rights. "
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