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SPONSOR: |
Foley |
DATE TYPED: |
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HB |
267 |
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SHORT TITLE: |
NM Jurisdiction over Wildlife |
SB |
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ANALYST: |
Valenzuela |
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APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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See fiscal impact |
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(Parenthesis
( ) Indicate Expenditure Decreases)
Department of Game and Fish
New Mexico Department of Agriculture
SUMMARY
Synopsis
of Bill
House Bill 267 amends
the statute that detail the powers and duties of the State Game Commission by
adding two new subsections: the first would mitigate detrimental impacts of
introduced wildlife species, including endangered species, and the second would
declare sole jurisdiction over all wildlife in the state. Specific provisions
are detailed below:
Section
1. Directs the commission to adopt rules that prohibit the
introduction, reintroduction, propagation or management of wildlife species by
any person, including the federal government.
It specifically includes endangered species introduced by the federal
government. Also directs the commission to seek restitution for any damage
caused by these species, even those sponsored by the federal government. Further directs the commission to assist a
landowners, lessee or outfitter, whose livelihood is damaged to obtain
reimbursement from the federal government.
The commission is also directed to remove the species that was introduced by the federal
government.
Section 2.
Directs the commission to send notify to federal agencies and county sheriffs
that
Significant
Issues
Enactment of House
Bill 267 could preempt federal law.
According to DGF, the provisions
of the bill “will in all likelihood, be in direct violation of several federal
mandates including the endangered species act and will result in potentially
huge litigation.”
FISCAL IMPLICATIONS
House Bill 267 does
not contain an appropriation. DGF reports that enactment of the bill would
require it to trap and capture several species of animals, which would be an
impact to the Game Protection Fund. DGF did not provide an assessment of the
annual fiscal impact.
If enacted, there is a
possibility that the federal government
may withhold federal funds, such as the Pittman-Robertson and
Dingell-Johnson monies that partially fund DGF, approximates to $9 million
annually.
OTHER SUBSTANTIVE ISSUES
The Department of Game
and Fish reports the following issue:
This bill also does not consider the wild pet
industry that exists in
MFV/njw