46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO GAME AND FISH; AMENDING SECTIONS OF THE NMSA 1978 DEALING WITH GAME DEPREDATION PROGRAMS.

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

Section 1. Section 17-2-7.2 NMSA 1978 (being Laws 1997, Chapter 224, Section 3) is amended to read:

"17-2-7.2. LANDOWNER TAKING--CONDITIONS--DEPARTMENT

RESPONSIBILITIES.--

A. A landowner or lessee, or employee of either, may take or kill an animal on private land, in which they have an ownership or leasehold interest, including game animals and other quadrupeds, game birds and fowl, that presents an immediate threat to human life or an immediate threat of damage to property, including crops; provided, however, that the taking or killing is reported to the department [of game and fish] within twenty-four hours and before the removal of the carcass of the animal killed, in accordance with regulations adopted by the commission; and provided further, however, that a landowner who accepts more than one permit that allows the harvest of a bull or buck of the same species that is causing the property damage may not take or kill an animal pursuant to this section.

B. A landowner or lessee, or employee of either, may take or kill animals on private land, in which they have an ownership or leasehold interest, including game animals and other quadrupeds, game birds and fowl, that present a threat to human life or damage to property, including crops, according to regulations adopted by the commission. The regulations shall:

(1) provide a method for filing a complaint to the department by the landowner or lessee, or employee of either of them, of the existence of a depredation problem;

(2) provide for various departmental interventions, depending upon the type of animal and depredation;

(3) require the department to offer at least three different interventions, if practical;

(4) require the department to respond to the initial and any subsequent complaints within ten days with an intervention response to the complaint and to carry out the intervention, if agreed upon between the department and the landowner, within five days of that agreement;

(5) permit the landowner or lessee to reject [for good cause] the interventions offered by the department if the solution offered would constitute the taking or permanent damage of private property without just compensation; and

[(6) require a landowner or lessee to demonstrate that the property depredation is greater in value than the value of any wildlife-related income or fee collected by the landowner or lessee for permission to take or kill an animal of the same species on the private property or portion of the private property identified in the complaint as the location where the depredation occurred; and

(7)] (6) permit the landowner, lessee or employee, when interventions by the department have not been successful and after one year from the date of the filing of the initial complaint, to kill or take an animal believed responsible for property depredation.

C. For purposes of this section:

(1) "commission" means the state game commission;

(2) "department" means the department of game and fish; and

(3) "intervention" means a solution proposed by the department to eliminate the depredation."

Section 2. Section 17-3-13.4 NMSA 1978 (being Laws 2001, Chapter 213, Section 2) is amended to read:

"17-3-13.4. BIG GAME DEPREDATION DAMAGE FUND--CREATION--EXPENDITURE.--

A. The "big game depredation damage fund" is created in the state treasury. The fund consists of appropriations made to the fund, revenues received by the department of game and fish from the sale of big game depredation damage stamps and earnings from the investment of the fund. The fund shall be administered by the department and money in the fund is appropriated to the department to carry out the provisions of Subsection B of this section. Payments from the fund shall be by warrant of the secretary of finance and administration upon vouchers signed by the director of the department or his authorized representative. Balances in the fund shall not revert to any other fund.

B. The department of game and fish shall, by rule, establish a program to correct damage to [federal] state or private land caused by big game and to prevent such damage in the future. Pursuant to rules adopted by the department, expenditures from the big game depredation damage fund shall be made by the department to carry out the established program; provided that money in the fund shall not be expended for any administrative costs."

Section 3. Section 17-3-14.2 NMSA 1978 (being Laws 1998, Chapter 12, Section 1) is amended to read:

"17-3-14.2. LANDOWNER PERMITS--MANAGEMENT OF CERTAIN BIG GAME SPECIES.--The director of the department of game and fish may issue landowner permits for the lawful taking of elk, antelope, oryx and deer. The permits may be issued when, in the determination of the director, they are necessary to effectively reduce conflicts between humans and wildlife and provide sport-hunting opportunities in accordance with regulations of the state game commission. Permits issued for elk, antelope and deer pursuant to this section shall only be issued for females or immature animals of the species, unless evidence is provided that a male animal is the cause of the damage."