0001| SENATE BILL 1219 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| TIMOTHY Z. JENNINGS | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO ANIMALS; REQUIRING THE EXPENDITURE OF A CERTAIN | 0012| AMOUNT OF THE DEPARTMENT OF GAME AND FISH BUDGET TO REIMBURSE | 0013| LANDOWNERS FOR ANIMAL DEPREDATION; MAKING AN APPROPRIATION. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 17-1-14 NMSA 1978 (being Laws 1921, | 0017| Chapter 35, Section 7, as amended) is amended to read: | 0018| "17-1-14. GENERAL POWERS AND DUTIES OF STATE GAME | 0019| COMMISSION--GAME PROTECTION FUND.-- | 0020| A. The state game commission shall have general | 0021| control over the collection and disbursement of all money | 0022| collected or received under the state laws for the protection | 0023| and propagation of game and fish, which money shall be paid | 0024| over to the state treasurer to the credit of the game | 0025| protection fund, and the fund, including all earned income | 0001| therefrom, shall not be transferred to another fund. Chapter | 0002| 17 NMSA 1978 shall be guaranty to the person who pays for | 0003| hunting and fishing licenses and permits that the money in that | 0004| fund shall not be used for any purpose other than as provided | 0005| in Chapter 17 NMSA 1978. The state game commission shall have | 0006| authority: | 0007| (1) to establish and, through the director of | 0008| the department of game and fish, to operate fish hatcheries for | 0009| the purpose of stocking public waters of the state and to | 0010| furnish fish fry and fingerlings to stock private waters, | 0011| receipts from such sources to go into the game protection fund; | 0012| (2) to declare closed seasons in any specified | 0013| locality and on any species of game or fish threatened with | 0014| undue depletion from any cause; | 0015| (3) to establish game refuges for the purpose | 0016| of providing safe sanctuaries in which game may breed and | 0017| replenish adjacent hunting ranges, it being the purpose of this | 0018| provision to establish small refuges rather than large | 0019| preserves, or to close large areas to hunting; | 0020| (4) to purchase lands for game refuges where | 0021| suitable public lands do not exist, to purchase lands for fish | 0022| hatcheries and to purchase lands to be maintained perpetually | 0023| as public hunting grounds, particularly lands suitable for | 0024| waterfowl hunting, all such lands to be paid for from the game | 0025| protection fund; | 0001| (5) to receive by gift or bequest, in the name | 0002| and on behalf of the state, lands suitable for game refuges, | 0003| hunting grounds, fish hatcheries or for any other purpose | 0004| necessary to carry out the provisions of Chapter 17 NMSA 1978; | 0005| (6) to apply for and accept any state, federal | 0006| or private funds, grants or donations from any source for game | 0007| and fish programs and projects; | 0008| (7) to designate certain areas as rest grounds | 0009| for migratory birds, in which hunting shall be forbidden at all | 0010| times or at such times as the state game commission shall | 0011| provide, it being the purpose of this provision not to | 0012| interfere unduly with the hunting of waterfowl but to provide | 0013| havens in which they can rest and feed without molestation; | 0014| (8) to close any public stream or lake or | 0015| portion thereof to fishing when such action is necessary to | 0016| protect a recently stocked water, to protect spawning waters or | 0017| to prevent undue depletion of the fish; | 0018| (9) to propagate, capture, purchase, transport | 0019| or sell any species of game or fish needed for restocking any | 0020| lands or streams of the state; | 0021| (10) after reasonable notice and hearing, to | 0022| suspend or revoke any license or permit issued pursuant to the | 0023| provisions of Chapter 17 NMSA 1978 and withhold license | 0024| privileges for a definite period not to exceed three years from | 0025| any person procuring a license through misrepresentation, | 0001| violating any provisions of Chapter 17 NMSA 1978 or hunting | 0002| without a proper license; | 0003| (11) to adopt regulations establishing | 0004| procedures that provide reasonable notice and a hearing before | 0005| the state game commission for the suspension, revocation or | 0006| withholding of license privileges of any person charged with | 0007| violating the provisions of Chapter 17 NMSA 1978, subject to | 0008| such judicial review as may be provided by law; | 0009| (12) to conduct studies of programs for the | 0010| management of endangered and nongame species of wildlife; | 0011| [and] (13) to establish licenses, permits and | 0012| certificates not otherwise provided for in Section 17-3-13 NMSA | 0013| 1978 and to charge and collect just and reasonable fees for | 0014| them; provided the fees shall not exceed the costs of | 0015| administration associated with the licenses, permits or | 0016| certificates; and | 0017| (14) to adopt rules and regulations for | 0018| expenditures from the game protection fund to reimburse | 0019| landowners for animal depredation. | 0020| B. The director of the department of game and fish | 0021| shall exercise all the powers and duties conferred upon the | 0022| state game and fish warden by all previous statutes now in | 0023| force not in conflict with Chapter 17 NMSA 1978. | 0024| C. The state game commission shall have authority | 0025| to prohibit all hunting in periods of extreme forest fire | 0001| danger, at such times and places as may be necessary to reduce | 0002| the danger of destructive forest fires. | 0003| D. The hunting, pursuing, capturing, killing or | 0004| wounding of any game animals, birds or fish in or upon any game | 0005| refuge, rest ground or closed water or closed area or during | 0006| any closed season established or proclaimed by the state game | 0007| commission in accordance with the authority conferred in | 0008| Chapter 17 NMSA 1978 constitutes a misdemeanor and shall be | 0009| punishable as prescribed in Chapter 17 NMSA 1978." | 0010| Section 2. A new section of Chapter 17, Article 1 NMSA | 0011| 1978 is enacted to read: | 0012| "[NEW MATERIAL] ANIMAL DEPREDATION--GAME PROTECTION | 0013| FUND EXPENDITURES.--The department of game and fish shall | 0014| expend a minimum of five percent, but no more than ten percent, | 0015| of its appropriation each year to reimburse landowners for | 0016| damage caused by wild animals." | 0017| Section 3. EFFECTIVE DATE.--The effective date of the | 0018| provisions of this act is July 1, 1997. | 0019|  |