2005 House Bill text for HB0047

HOUSE BILL 47

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Brian K. Moore

AN ACT

RELATING TO GAME AND FISH; AMENDING SECTIONS OF CHAPTER 17 NMSA 1978 TO REMOVE COUGARS FROM THE LIST OF GAME ANIMALS REGULATED BY THE DEPARTMENT OF GAME AND FISH.

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

Section 1. Section 17-2-3 NMSA 1978 (being Laws 1967, Chapter 8, Section 1, as amended) is amended to read:

"17-2-3. PROTECTED WILDLIFE SPECIES AND GAME FISH DEFINED.--

A. The following mammals are game mammals:

(1) all of the family Tayassuidae (javelina);

(2) within the family Bovidae:

(a) all of the genus Bison (American bison) except where raised in captivity for domestic or commercial meat production;

(b) all of the genus Capra (ibex) except for the domestic species of goats;

(d) all of the genus Ammotragus (aoudad);

(e) all of the genus Tragelaphus (kudu); and

(f) all of the genus Oryx (oryx);

(3) all of the family Antilocapridae (American pronghorn);

(4) all of the family Cervidae (elk and deer);

(5) all of the family Ochotonidae (pikas);

(6) all of the genus Sciurus (squirrels);

(7) all of the genus Tamiasciurus (red squirrels);

(8) all of the genus Marmota (marmots) of the family Sciuridae; and

(9) all of the family Ursidae (bear) [and

(10) all of the species concolor (cougar) of the genus Felis and family Felidae].

B. The following birds are game birds:

(1) all of the family Anatidae (waterfowl);

(2) all of the family Tetraonidae (grouse and ptarmigans);

(3) all of the family Phasianidae (quail, partridges and pheasants);

(4) all of the family Meleagridae (wild turkeys) except for the domestic strains of turkeys;

(5) all of the family Perdicidae (francolins);

(6) all of the family Gruidae (cranes);

(7) all of the family Rallidae (rails, coots and gallinules);

(8) all of the family Charadriidae (plovers, turnstones and surfbirds);

(9) all of the family Scolopacidae (shorebirds, snipe, sandpipers and curlews);

(10) all of the family Recurvirostridae (avocets and stilts);

(11) all of the family Phalaropodidae (phalaropes); and

(12) all of the family Columbidae (wild pigeons and doves) except for the domestic strains of pigeons.

C. The following fish are game fish:

(1) all of the family Salmonidae (trout);

(2) all of the family Esocidae (pike); (3) all of the family Ictaluridae (catfish);

(4) all introduced species of the family Serranidae (sea bass and white bass);

(5) all of the family Centrarchidae (sunfish, crappie and bass);

(6) all of the family Percidae (walleye pike and perch);

(7) all introduced species of the family Pomadasyidae (sargo); and

(8) all introduced species of the family Sciaenidae (corvina, bairdiella and redfish)."

Section 2. Section 17-2-10 NMSA 1978 (being Laws 1931, Chapter 117, Section 7, as amended) is amended to read:

"17-2-10. VIOLATION OF GAME AND FISH LAWS OR [REGULATIONS] RULES--PENALTIES.--

A. [Any] A person violating any of the provisions of Chapter 17 NMSA 1978 or any [regulations] rules adopted by the state game commission that relate to the time, extent, means or manner that game animals, birds or fish may be hunted, taken, captured, killed, possessed, sold, purchased or shipped is guilty of a misdemeanor and, upon conviction, may be sentenced to imprisonment in the county jail for a term not to exceed six months. In addition, the person shall be sentenced to the payment of a fine in accordance with the following schedule:

(1) for illegally taking, attempting to take, killing, capturing or possessing of each deer, antelope, javelina or bear [or cougar] during a closed season, a fine of four hundred dollars ($400);

(2) for illegally taking, attempting to take, killing, capturing or possessing of each elk, bighorn sheep, oryx, ibex or Barbary sheep, a fine of one thousand dollars ($1,000);

(3) for hunting big game without a proper and valid license, lawfully procured, a fine of one hundred dollars ($100);

(4) for exceeding the bag limit of any big game species, a fine of four hundred dollars ($400);

(5) for attempting to exceed the bag limit of any big game species by the hunting of any big game animal after having tagged a similar big game species, a fine of two hundred dollars ($200);

(6) for signing a false statement to procure a resident hunting or fishing license when the applicant is residing in another state at the time of application for a license, a fine of four hundred dollars ($400);

(7) for using a hunting or fishing license issued to another person, a fine of one hundred dollars ($100);

(8) for a violation of Section 17-2-31 NMSA 1978, a fine of three hundred dollars ($300);

(9) for selling, offering for sale, offering to purchase or purchasing any big game animal, unless otherwise provided by Chapter 17 NMSA 1978, a fine of one thousand dollars ($1,000);

(10) for illegally taking, attempting to take, killing, capturing or possessing of each jaguar, a fine of two thousand dollars ($2,000); and

(11) for a violation of the provisions of Subsection A of Section 17-2A-3 NMSA 1978, a fine of five hundred dollars ($500).

B. A person convicted a second time for violating any of the provisions of Chapter 17 NMSA 1978 or any [regulations] rules adopted by the state game commission that relate to the time, extent, means or manner that game animals, birds or fish may be hunted, taken, captured, killed, possessed, sold, purchased or shipped is guilty of a misdemeanor and upon conviction may be sentenced to imprisonment in the county jail for a term of not more than three hundred sixty-four days. In addition, the person shall be sentenced to the payment of a fine in accordance with the following schedule:

(1) for illegally taking, attempting to take, killing, capturing or possessing of each deer, antelope, javelina or bear [or cougar] during a closed season, a fine of six hundred dollars ($600);

(2) for illegally taking, attempting to take, killing, capturing or possessing of each elk, bighorn sheep, oryx, ibex or Barbary sheep, a fine of one thousand five hundred dollars ($1,500);

(3) for hunting big game without a proper and valid license, lawfully procured, a fine of four hundred dollars ($400);

(4) for exceeding the bag limit of any big game species, a fine of six hundred dollars ($600);

(5) for attempting to exceed the bag limit of any big game species by the hunting of any big game animal after having tagged a similar big game species, a fine of six hundred dollars ($600);

(7) for using a hunting or fishing license issued to another person, a fine of two hundred fifty dollars ($250);

(8) for a violation of Section 17-2-31 NMSA 1978, a fine of five hundred dollars ($500);

(9) for selling, offering for sale, offering to purchase or purchasing any big game animal, unless otherwise provided by Chapter 17 NMSA 1978, a fine of one thousand five hundred dollars ($1,500);

(10) for illegally taking, attempting to take, killing, capturing or possessing of each jaguar, a fine of four thousand dollars ($4,000); and

(11) for a violation of the provisions of Subsection A of Section 17-2A-3 NMSA 1978, a fine of one thousand dollars ($1,000).

C. Notwithstanding the provisions of Section 31-18-13 NMSA 1978, a person convicted a third or subsequent time for violating any of the provisions of Chapter 17 NMSA 1978 or any [regulations] rules adopted by the state game commission that relate to the time, extent, means or manner that game animals, birds or fish may be hunted, taken, captured, killed, possessed, sold, purchased or shipped is guilty of a misdemeanor and upon conviction may be sentenced to imprisonment in the county jail for a term of not less than ninety days, which shall not be suspended or deferred, and not more than three hundred sixty-four days. In addition, the person shall be sentenced to the payment of a fine in accordance with the following schedule:

(1) for illegally taking, attempting to take, killing, capturing or possessing of each deer, antelope, javelina or bear [or cougar] during a closed season, a fine of one thousand two hundred dollars ($1,200);

(2) for illegally taking, attempting to take, killing, capturing or possessing of each elk, bighorn sheep, oryx, ibex or Barbary sheep, a fine of three thousand dollars ($3,000);

(3) for hunting big game without a proper and valid license, lawfully procured, a fine of one thousand dollars ($1,000);

(4) for exceeding the bag limit of any big game species, a fine of one thousand two hundred dollars ($1,200);

(5) for attempting to exceed the bag limit of any big game species by the hunting of any big game animal after having tagged a similar big game species, a fine of one thousand dollars ($1,000);

(7) for using a hunting or fishing license issued to another person, a fine of one thousand dollars ($1,000);

(8) for a violation of Section 17-2-31 NMSA 1978, a fine of one thousand dollars ($1,000);

(9) for selling, offering for sale, offering to purchase or purchasing any big game animal, unless otherwise provided by Chapter 17 NMSA 1978, a fine of three thousand dollars ($3,000);

(10) for illegally taking, attempting to take, killing, capturing or possessing of each jaguar, a fine of six thousand dollars ($6,000); and

(11) for a violation of the provisions of Subsection A of Section 17-2A-3 NMSA 1978, a fine of two thousand dollars ($2,000).

D. [Any] A person who is convicted of a violation of any [regulations] rules adopted by the state game commission that relate to the time, extent, means or manner that game animals, birds or fish may be hunted, taken, captured, killed, possessed, sold, purchased or shipped or of a violation of any of the provisions of Chapter 17 NMSA 1978, for which a punishment is not set forth under this section, shall be fined not less than fifty dollars ($50.00) or more than five hundred dollars ($500) or imprisoned not more than six months or both.

E. The provisions of this section shall not be interpreted to prevent, constrain or penalize a Native American for engaging in activities for religious purposes, as provided in Section 17-2-14 or 17-2-41 NMSA 1978.

F. The provisions of this section shall not apply to a landowner or lessee, or employee of either of them, who kills an animal on private land, in which they have an ownership or leasehold interest, that is threatening human life or damaging or destroying property, including crops; provided, however, that the 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; and provided further that all actions authorized in this subsection are carried out according to [regulations] rules of the department."

Section 3. Section 17-2-26 NMSA 1978 (being Laws 1912, Chapter 85, Section 45, as amended) is amended to read:

"17-2-26. CIVIL LIABILITY.--

A. The director of the department of game and fish, or any other officer charged with enforcement of the laws relating to game and fish if so directed by the director, may bring a civil action in the name of the state against any person unlawfully wounding or killing, or unlawfully in possession of, any game quadruped, bird or fish, or part thereof, and recover judgment for the following minimum sums as damage for the taking, killing or injuring:

for each elk--------------------------- $ 500.00

for each deer-------------------------- 250.00

for each antelope---------------------- 250.00

for each mountain sheep---------------- 1,000.00

for each Barbary sheep----------------- 250.00

for each black bear-------------------- 500.00

[for each cougar------------------------ 500.00]

for each bison------------------------- 600.00

for each ibex-------------------------- 1,000.00

for each oryx-------------------------- 1,000.00

for each javelina---------------------- 100.00

for each beaver------------------------ 65.00

for each bird-------------------------- 20.00

for each fish-------------------------- 5.00

for each endangered species------------ 500.00

for each raptor------------------------ 200.00

for each turkey------------------------ 150.00

for each jaguar------------------------ 2,000.00.

B. No verdict or judgment recovered by the state in an action shall be for less than the sum fixed in this section. The action for damages may be joined with an action for possession, and recovery may be had for the possession as well as the damages.

C. The pendency or determination of an action for damages or payment of a judgment, or the pendency or determination of a criminal prosecution for the same taking, wounding, killing or possession, is not a bar to the other, nor does either affect the right of seizure under any other provision of the laws relating to game and fish.

D. The provisions of this section shall not be interpreted to prevent, constrain or penalize a Native American for engaging in activities for religious purposes, as provided in Section 17-2-14 or 17-2-41 NMSA 1978.

E. The provisions of this section shall not apply to a landowner or lessee, or employee of either of them, who kills an animal on private land, in which they have an ownership or leasehold interest, that is threatening human life or damaging or destroying property, including crops; provided, however, that the 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; and provided further that all actions authorized in this subsection are carried out according to [regulations] rules of the department."

Section 4. Section 17-3-2 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 17, Section 2, as amended) is amended to read:

"17-3-2. CLASSES OF LICENSES.--

A. As used with reference to licenses in Chapter 17 NMSA 1978:

(1) "fishing" entitles the licensee to fish for game fish during the open seasons for each species;

(2) "small game" entitles the licensee to hunt game birds, other than wild turkey, and squirrel during the open seasons for each;

(3) "deer" entitles the licensee to hunt deer during the open season;

(4) "general hunting" entitles the licensee to hunt deer, squirrel and game birds during the open seasons for each;

(5) "general hunting and fishing" entitles the licensee to hunt deer, squirrel and game birds and to fish for game fish during the open seasons for each;

(6) "antelope" entitles the licensee to hunt antelope during the open season;

(7) "elk" entitles the licensee to hunt elk during the open season;

(8) "bighorn sheep" entitles the licensee to hunt bighorn sheep during the open season;

(9) "Barbary sheep" entitles the licensee to hunt Barbary sheep during the open season;

(10) "javelina" entitles the licensee to hunt javelina during the open season;

(11) "bear" entitles the licensee to hunt bear during the open season;

(12) "nongame" entitles the licensee to hunt or take any animal or bird not protected by law;

(13) "temporary fishing" entitles the licensee to fish for game fish during a specific period of time indicated on the license;

(14) "bison" entitles the licensee to hunt bison during the open season;

(15) "oryx" entitles the licensee to hunt oryx during the open season;

(16) "ibex" entitles the licensee to hunt ibex during the open season;

(17) ["cougar" entitles the licensee to hunt cougar during the open season;

(18)] "turkey" entitles the licensee to hunt turkey during the open season;

[(19)] (18) "special season turkey" entitles the licensee to hunt turkey during special seasons designated by the state game commission;

[(20)] (19) "quality elk" entitles the licensee to hunt elk during a special quality elk season, to be established by the state game commission, when the timing of the season and hunter density is specially regulated and the elk population is managed with an intent to provide the licensee an increased opportunity to take a mature elk;

[(21)] (20) "quality deer" entitles the licensee to hunt deer during a special quality deer season, to be established by the state game commission, when the timing of the season and hunter density is specially regulated and the deer population is managed with an intent to provide the licensee an increased opportunity to take a mature deer;

[(22)] (21) "gazelle" entitles the licensee to hunt gazelle during the open season;

[(23)] (22) "temporary small game" entitles the licensee to hunt game birds, except wild turkey, and squirrel during a specific period of time indicated on the license; and

[(24)] (23) "second rod" entitles the licensee to fish using two fishing rods to fish for game fish during the open seasons for each species.

B. A hunting license does not entitle the licensee to hunt, kill or take game animals or birds within or upon a park or enclosure licensed or posted as provided by law or within or upon a privately owned enclosure without consent of the owner or within or upon a game refuge or game management area.

C. A fishing license does not entitle the licensee to fish for or take fish within or upon a park or enclosure licensed or posted as provided by law or within or upon a privately owned enclosure without consent of the owner or in or on closed waters.

D. A junior-senior fishing license may be purchased by a resident who has reached his twelfth birthday but has not reached his fifteenth birthday or by a resident who has reached his sixty-fifth birthday. A junior-senior fishing license entitles the licensee to fish for game fish during the open season for each species.

E. A nonresident junior fishing license may be purchased by a nonresident who has reached his twelfth birthday but has not reached his fifteenth birthday. A nonresident junior fishing license entitles the licensee to fish for game fish during the open season for each species.

F. A senior general hunting license may be purchased by a resident who has reached his sixty-fifth birthday. A senior general hunting license entitles the licensee to hunt for deer, squirrel and game birds during the open seasons for each species.

G. A handicapped fishing license may be purchased by a resident who has a severe physical impairment that substantially limits one or more major life activities and who can furnish adequate proof of this disability to the state game commission. A handicapped fishing license may be purchased by a resident who has a developmental disability as defined in Subsection H of Section 43-1-3 NMSA 1978 and who can furnish adequate proof of this disability to the state game commission. A handicapped fishing license entitles the licensee to fish for game fish during the open season for each species.

H. A handicapped general hunting license may be purchased by a resident who has a severe physical impairment that substantially limits one or more major life activities and who can furnish adequate proof of this disability to the state game commission. A handicapped general hunting license entitles the licensee to hunt for deer, squirrel and game birds during the open season for each species.

I. A fishing license may be obtained at no cost by a resident who has reached his seventieth birthday.

J. A second rod validation may be purchased by either a resident or nonresident. A second rod validation entitles the licensee to fish using two rods for game fish during the open season for each species."

Section 5. Section 17-3-13 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 17, Section 5, as amended) is amended to read:

"17-3-13. LICENSE FEES.--

A. The director of the department of game and fish shall keep a record of all money received and licenses and permits issued by [him] the director, numbering each class separately. Upon satisfactory proof that a license or permit has been lost before its expiration, [he] the director may issue a duplicate and collect a just and reasonable fee for it as determined by regulation of the state game commission.

B. The director of the department of game and fish shall collect the following fees for each license of the class indicated:

Resident, fishing. . . . . . . . . . . . . . . . . .$17.50

Resident, small game. . . . . . . . . . . . . . . . .12.00

Resident, deer. . . . . . . . . . . . . . . . . . . .23.00

Resident, general hunting. . . . . . . . . . . . . . 25.00

Resident, general hunting and fishing. . . . . . . . 37.50

Resident, junior-senior handicapped,

general hunting and fishing. . . . . . . . . . . . . 20.00

Resident, antelope. . . . . . . . . . . . . . . . . .30.00

Resident, elk cow. . . . . . . . . . . . . . . . . . 37.00

Resident, elk bull or either sex. . . . . . . . . . .60.00

Resident, bighorn sheep. . . . . . . . . . . . . . . 90.00

Resident, Barbary sheep. . . . . . . . . . . . . . . 80.00

Resident, bear. . . . . . . . . . . . . . . . . . . .30.00

Resident, turkey. . . . . . . . . . . . . . . . . . .15.00

[Resident, cougar. . . . . . . . . . . . . . . . . .30.00]

Resident, bison. . . . . . . . . . . . . . . . . . .100.00

Resident, oryx. . . . . . . . . . . . . . . . . . . 100.00

Resident, ibex. . . . . . . . . . . . . . . . . . . .60.00

Resident, gazelle. . . . . . . . . . . . . . . . . . 25.00

Resident, javelina. . . . . . . . . . . . . . . . . .40.00

Resident, fur dealer. . . . . . . . . . . . . . . . .10.00

Resident, furbearer. . . . . . . . . . . . . . . . . 12.00

Resident, junior furbearer. . . . . . . . . . . . . . 5.00

Nonresident, fishing. . . . . . . . . . . . . . . . .39.00

Nonresident, junior fishing. . . . . . . . . . . . . 18.50

Nonresident, small game. . . . . . . . . . . . . . . 75.00

Nonresident, deer. . . . . . . . . . . . . . . . . .180.00

Nonresident, quality deer. . . . . . . . . . . . . .300.00

Nonresident, bear. . . . . . . . . . . . . . . . . .150.00

[Nonresident, cougar. . . . . . . . . . . . . . . .200.00]

Nonresident, turkey. . . . . . . . . . . . . . . . . 75.00

Nonresident, antelope. . . . . . . . . . . . . . . .186.00

Nonresident, elk cow. . . . . . . . . . . . . . . . 275.00

Nonresident, elk bull or either sex. . . . . . . . .465.00

Nonresident, quality elk. . . . . . . . . . . . . . 750.00

Nonresident, bighorn sheep. . . . . . . . . . . . 3,000.00

Nonresident, Barbary sheep. . . . . . . . . . . . . 300.00

Nonresident, bison. . . . . . . . . . . . . . . . 1,000.00

Nonresident, oryx. . . . . . . . . . . . . . . . .1,500.00

Nonresident, ibex. . . . . . . . . . . . . . . . .1,500.00

Nonresident, gazelle. . . . . . . . . . . . . . . 3,000.00

Nonresident, javelina. . . . . . . . . . . . . . . .140.00

Nonresident, fur dealer. . . . . . . . . . . . . . .100.00

Nonresident, furbearer. . . . . . . . . . . . . . . 300.00

Nonresident, nongame. . . . . . . . . . . . . . . . .50.00

Resident, junior-senior handicapped,

fishing. . . . . . . . . . . . . . . . . . . . . . . .5.00

Temporary fishing, one day. . . . . . . . . . . . . . 8.00

Temporary fishing, five days. . . . . . . . . . . . .16.00

Resident, junior-senior handicapped,

general hunting. . . . . . . . . . . . . . . . . . . 15.00

Temporary small game, four days. . . . . . . . . . . 35.00

Second rod validation. . . . . . . . . . . . . . . . .3.00."

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