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F I S C A L I M P A C T R E P O R T

SPONSOR Stewart

DATE TYPED 2/8/2005 HB HJM 18

SHORT TITLE Study Increasing Penalties For Killing Game

SB

ANALYST Aguilar

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Attorney General’s Office (AGO)

Department of Game and fish (DGF)

SUMMARY

Synopsis of Bill

House Joint Memorial 18 requests “the legislative interim committee that studies corrections is-

sues” conduct a study into increasing penalties for killing big game animals for their head, ant-

lers, or other body parts and wasting the meat. The memorial requests that state agencies take

steps to increase awareness of unlawful hunting and how the public can report those crimes.

Significant Issues

Section 17-2-8 NMSA 1978 prohibits “waste of game”. Most violations of the Game and Fish

laws or regulations, including “waste of game”, are misdemeanors or petty misdemeanors.

This will allow an examination of the punishment levied in magistrate court to convicted viola-

tors. It will also allow a comparison of fines, civil assessments and other methods of punishment

to other states for similar offense. The memorial is consistent with the cornerstone philosophy of

law enforcement, which is the best deterrence of violations, now and in the future, is the active

apprehension and punishment of violators. There have been 3 high profile cases involving waste

House Joint Memorial 18 -- Page 2

of game in the news over the last 13 months.

OTHER SUBSTANTIVE ISSUES

The Department of Game and Fish reports conservation Officers actively spend time in the field

patrolling and checking for license compliance and wildlife violations. State law mandates that

magistrate court has jurisdiction over most violations, including waste of game, which is estab-

lished in 17-2-8. Currently this is a misdemeanor violation.

A cursory review of fine and penalty estimates by various other western states is provided below.

However, this does not separate out criminal and civil fines that may be imposed in the respec-

tive states and include all violations and not just violations involving waste of game.

LE EFFORTS FROM OTHER STATES

STATE # CITATIONS ANNUALLY

ANNUAL FINES

RANGE

AZ

2911

$133,153

$95-$4500

ID

4800

$351,795

$48-$10,000 (bighorn, moose, etc.)

MT

4550

not available at time of inquiry

$50 -$30,000 (civil 3/4 bighorn)

NM

2131

$68,628 fines, $31,463 PAs

$50 - $500 ($1000 civil for bighorn)

WY

2304

$383, 105 (includes water craft)

$60-$10,000 (wanton waste)

CO

6739

$686,429

$50-$100,000 (willful distruct/sell)

UT

4359

not available at time of inquiry

$125-$30,000 (civil for bighorn)

Department of Game and Fish records indicate that since 2002:

20 waste of game charges were brought to magistrate court by Conservation Officers

$2,400 fines were levied, with an average value of $120.00 per offense

This data was not cross-referenced and varied with magistrate court records.

The only felony for taking big game found in New Mexico law is Transporting Stolen Livestock

(30-18-6 NMSA 1978). There is a provision in this law that prohibits the transportation of big

game or their parts, making it a 4

th

degree felony. This law is rarely used and must be brought by

the District Attorney’s prosecutors as it is outside of Conservation Officers authority which is

limited to enforcement of game laws; powers of conservation officers (17-2-19 NMSA 1978)

which includes specific enumerated statutes.

PA/sb