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