SENATE BILL 82

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Howie C. Morales

AN ACT

RELATING TO WILDLIFE; PROHIBITING THE USE OF DRONES IN HUNTING; PROVIDING PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 17 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] USE OF DRONES IN HUNTING PROHIBITED--PENALTIES.--

          A. A person shall not use a drone to:

                (1) pursue, harass, drive or rally a protected species;

                (2) spot or locate a protected species or to relay the location of a protected species to another person by any means of communication or signaling device; or

                (3) obtain information regarding the location of a protected species, which information is used to hunt for or take, or assist in the hunting for or taking of, the protected species.

          B. A person who violates the provisions of this section shall be sentenced in accordance with the provisions of Section 17-2-10 NMSA 1978.

          C. If a person who violates the provisions of this section possesses a license, certificate or permit that was issued by the state game commission, that license, certificate or permit shall be subject to revocation by the commission pursuant to Sections 17-1-14 and 17-3-34 NMSA 1978.

          D. As used in this section:

                (1) "drone" means a device used or designed for navigation or flight in the air that is unmanned and guided remotely or by a computer or control system that is on board the drone; and

                (2) "protected species" means all animals defined as protected wildlife species and game fish pursuant to Section 17-2-3 NMSA 1978, fur-bearing animals pursuant to Section 17-5-2 NMSA 1978 and endangered species or subspecies as provided in state game commission regulation.

          E. The director of the department of game and fish may exempt a person from the provisions of this section for the purpose of wildlife management."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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