HOUSE BILL 468
52nd legislature - STATE OF NEW MEXICO - first session, 2015
INTRODUCED BY
Dennis J. Roch
AN ACT
RELATING TO WILDLIFE MANAGEMENT; CREATING THE STATE SOVEREIGNTY OVER STATE TRUST WILDLIFE ACT; ASSERTING STATE AUTHORITY TO REGULATE THE LESSER PRAIRIE CHICKEN IN NEW MEXICO; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "State Sovereignty Over State Trust Wildlife Act".
SECTION 2. [NEW MATERIAL] FINDINGS AND PURPOSE.--The legislature finds that:
A. the lesser prairie chicken is a nonmigratory species native to the grasslands of New Mexico;
B. the lesser prairie chicken is a historically designated and hunted game bird regulated by the states in which it exists;
C. the existence and management of the lesser prairie chicken does not have a substantial effect on commerce among the states; and
D. the department of game and fish has successfully managed lesser prairie chickens in the state and has provided for the adequate conservation of its habitat.
SECTION 3. [NEW MATERIAL] DEFINITION.--As used in the State Sovereignty Over State Trust Wildlife Act, "lesser prairie chicken" means the species tympanuchus pallidicinctus.
SECTION 4. [NEW MATERIAL] LESSER PRAIRIE CHICKEN--STATE AUTHORITY TO REGULATE.--
A. The state, acting through the legislature and through the department of game and fish, possesses the sole regulatory authority to govern the management, hunting and possession of lesser prairie chickens that exist within the state and to promote conservation efforts.
B. The lesser prairie chickens that exist within the state and the habitats of such species are not subject to the federal Endangered Species Act of 1973, as in effect on the effective date of this act, or any federal regulation or executive action pertaining to the Endangered Species Act, under the authority of congress to regulate interstate commerce.
C. Any federal regulation or executive action pertaining to the federal Endangered Species Act of 1973, as in effect on the effective date of this act, that purports to limit control or regulate the following has no effect within the state:
(1) the lesser prairie chicken;
(2) the habitat of the lesser prairie chicken;
(3) farming and ranching practices;
(4) oil and natural gas exploration, development and production, energy pipelines, renewable energy and transmission and distribution power lines; or
(5) other normal and necessary activities for public health and safety and state, county and municipal government and other human activity.
SECTION 5. [NEW MATERIAL] INJUNCTIVE RELIEF.--A county or district attorney or the attorney general may seek injunctive relief in any court of competent jurisdiction to enjoin any official, agent or employee of the government of the United States or employee of a corporation providing services to the government of the United States from enforcing any federal regulation or executive action pertaining to the federal Endangered Species Act of 1973, as in effect on the effective date of this act, that purports to regulate the following within the state:
A. the lesser prairie chicken;
B. the habitat of the lesser prairie chicken;
C. farming and ranching practices;
D. oil and natural gas exploration, development and production, energy pipelines, renewable energy and transmission and distribution power lines; or
E. other normal and necessary activities for public health and safety and state, county and municipal government and other human activity.
SECTION 6. [NEW MATERIAL] NON-INFRINGEMENT WITH FEDERAL PROGRAMS.--
A. The State Sovereignty Over State Trust Wildlife Act shall not be construed to infringe on the authority of the United States department of agriculture to administer conservation programs that apply to:
(1) the lesser prairie chicken;
(2) the habitat of the lesser prairie chicken;
(3) farming and ranching practices;
(4) energy exploration, development, production and distribution; or
(5) the normal and necessary activities for public safety and for state, county and municipal government and other human activity.
B. The State Sovereignty Over State Trust Wildlife Act shall not be construed to infringe on the authority of the state and local government under delegated authority to administer or manage other state, federal or local government programs and funds.
C. The State Sovereignty Over State Trust Wildlife Act shall not be construed to infringe on the authority of the department of game and fish, or any governmental subdivision, business, or private citizen of this state to operate or participate in the range-wide lesser prairie chicken management plan, as administered by the western association of fish and wildlife agencies; the stakeholder conservation strategy for the lesser prairie chicken; or any other management or conservation plan pertaining to the lesser prairie chicken that may be developed with the assistance and participation of state, local or federal government agencies that applies to:
(1) the lesser prairie chicken;
(2) the habitat of the lesser prairie chicken;
(3) farming and ranching practices;
(4) energy exploration, development, production and distribution; or
(5) normal and necessary activities for public safety and activities of state, county and municipal government and other human activity.
SECTION 7. [NEW MATERIAL] SEVERABILITY.--If any part or application of the State Sovereignty Over State Trust Wildlife Act is held invalid, the remainder or its application to other situations or persons shall not be affected.
SECTION 8. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.