2005 House Bill text for HB0798

HOUSE BILL 798

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

INTRODUCED BY

Richard D. Vigil

AN ACT

RELATING TO GAME AND FISH; INCREASING PENALTIES FOR VIOLATIONS OF GAME AND FISH LAWS AND RULES.

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

Section 1. 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] one year. 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, bear or cougar during a closed season, a fine of [four hundred dollars ($400)] one thousand dollars ($1,000);

(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)] two thousand dollars ($2,000);

(3) for hunting big game without a proper and valid license, lawfully procured, a fine of [one hundred dollars ($100)] five hundred dollars ($500);

(4) for exceeding the bag limit of any big game species, a fine of [four hundred dollars ($400)] one thousand dollars ($1,000);

(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)] seven hundred fifty dollars ($750);

(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)] two hundred fifty dollars ($250);

(8) for a violation of Section 17-2-31 NMSA 1978, a fine of [three hundred dollars ($300)] 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 dollars ($1,000)] five thousand dollars ($5,000);

(10) for illegally taking, attempting to take, killing, capturing or possessing of each jaguar, a fine of [two thousand dollars ($2,000)] 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 [five hundred dollars ($500)] seven hundred fifty dollars ($750).

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] fourth degree felony and upon conviction may be sentenced to imprisonment in the county jail for a term [of not more than three hundred sixty-four days] not to exceed two years. 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, bear or cougar during a closed season, a fine of [six hundred dollars ($600)] two thousand dollars ($2,000);

(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)] three thousand dollars ($3,000);

(3) for hunting big game without a proper and valid license, lawfully procured, a fine of [four hundred dollars ($400)] one thousand dollars ($1,000);

(4) for exceeding the bag limit of any big game species, a fine of [six hundred dollars ($600)] two thousand dollars ($2,000);

(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)] one thousand dollars ($1,000);

(7) for using a hunting or fishing license issued to another person, a fine of [two hundred fifty dollars ($250)] five hundred fifty dollars ($550);

(8) for a violation of Section 17-2-31 NMSA 1978, a fine of [five hundred dollars ($500)] seven hundred fifty dollars ($750);

(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)] seven thousand dollars ($7,000);

(10) for illegally taking, attempting to take, killing, capturing or possessing of each jaguar, a fine of [four thousand dollars ($4,000)] 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 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] fourth degree felony and upon conviction may be sentenced to imprisonment in the county jail for a term of not less than [ninety days] two years, which shall not be suspended or deferred, and not more than three [hundred sixty-four days] years. 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, bear or cougar during a closed season, a fine of [one thousand two hundred dollars ($1,200)] five thousand dollars ($5,000);

(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)] five thousand dollars ($5,000);

(3) for hunting big game without a proper and valid license, lawfully procured, a fine of [one thousand dollars ($1,000)] two thousand dollars ($2,000);

(4) for exceeding the bag limit of any big game species, a fine of [one thousand two hundred dollars ($1,200)] four thousand dollars ($4,000);

(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)] three thousand dollars ($3,000);

(7) for using a hunting or fishing license issued to another person, a fine of [one thousand dollars ($1,000)] two thousand dollars ($2,000);

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

(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)] ten thousand dollars ($10,000);

(10) for illegally taking, attempting to take, killing, capturing or possessing of each jaguar, a fine of [six thousand dollars ($6,000)] ten thousand dollars ($10,000); 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)] three thousand dollars ($3,000).

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)] five hundred dollars ($500) or more than [five hundred dollars ($500)] one thousand dollars ($1,000) 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 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.

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