NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

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(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

Department of Game and Fish.

SUMMARY

Synopsis of SCONC Amendment

The Senate Conservation Committee amendments change the scope of the Wildlife Partnership Program from "game and fish" to "protected wildlife". SB 171 no longer contains a $500.0 appropriation.

Synopsis of Original Bill

The proposed bill provides the Department of Game and Fish a mechanism for private landowners and the Department of Game and Fish to manage wildlife on privately owned property. Allows rules to be adopted for a wildlife partnership program. The bill repeals 17-2-7.2 NMSA 1978.

SB 171 appropriates $500.0 from the Game Protection Fund to the Department of Fish and Game for the purpose of four full-time employee positions to minimize wildlife conflicts under the wildlife partnership program.

Significant Issues of SCONC Amendments

The Wildlife Partnership Program is anticipated to be only funded by applying for and accepting funds from current state programs, federal funds, grants and donations.

Significant Issues of Original Bill

According to the Department of Game and Fish, the Partnership Program, will adopt rules involving local public committees to address wildlife conflict issues. The public involvement committees will provide the Department with insight regarding problems and solutions of all affected parties. This will allow the Department of Game and Fish the ability to concentrate on long term solutions for existing or future wildlife conflicts.

According to the Department of Game and Fish, the ability to lease habitat components on private land aids the Department in managing wildlife resources throughout the state and helps the Department mitigate wildlife damage that occurs on private land.

The bill repeals 17-2-7.2, eliminating the ability of a landowner to kill animals doing damage to private property.

FISCAL IMPLICATIONS

Fiscal Implications of SCONC Amendments

The Senate Conservation Committee amendments removed the appropriation of %500.0. SB 171 contains no appropriation.

Fiscal Implications of Original Bill

The appropriation of $500.0 contained in this bill is a recurring expense to the Game Protection Fund. Any unexpended or unencumbered balance remaining at the end of FY02 shall revert to the General Fund.

ADMINISTRATIVE IMPLICATIONS

According to the Department of Game and Fish, the Department will increase the current depredation program with the wildlife partnership program and this bill will not negatively impacted the Department.

TECHNICAL ISSUES

According to the Department of Game and Fish, the passage of the bill as written will potentially cause the department to lose 8 million of federal funding due to the requirement that unencumbered money revert to the general fund.

The Department of Game and Fish suggests, amendment: Page 5 line 25, Any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall remain in the [general fund] game protection fund.

OTHER SUBSTANTIVE ISSUES

According to the Department of Game and Fish, the Department will continue to operate under 17-2-7.2 NMSA 1978 and not be able to set up local committees that might help address depredation conflicts without passage of this bill. In addition, the Department would not have the ability to lease habitat components for game animals' use or accept labor, materials, or equipment as match in resolving wildlife conflicts.

PD/njw