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

SPONSOR Jennings

DATE TYPED 3/9/05

HB

SHORT TITLE Increase Game & Fish Parks Maximum Acreage

SB 337/aSCONC/aSFL#1

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

Department of Game and Fish (DGF)

SUMMARY

Synopsis of Senate Floor Amendment

Senate Floor Amendment #1 to Senate Bill 337 as amended reduces the maximum acreage al-

lowed for a game park from 20 thousand acres to 15 thousand acres.

Synopsis of SCONC Amendment

The Senate Conservation Committee amendment to Senate Bill 337 provides that an application

for a game park license be in accordance with State Game Commission rules and provides such

rules may address migration patterns as may be affected by the game park.

Synopsis of Original Bill

Senate Bill 337 increases the maximum size of game parks from three thousand two hundred

acres to twenty thousand acres.

Senate Bill 337/SCONC/aSFL#1 -- Page 2

Significant Issues

Increasing the maximum allowable size of Class A game parks from three thousand acres to

twenty thousand acres would allow private landowners to fence in significant numbers of State

owned wildlife and convert them to private ownership. Section 17-4-15 NMSA 1978 allows that

all game and fish, with the natural increase held or confined in any park licensed under this pro-

vision shall during the existence of the license be deemed the property of the license as long the

aggregate number of game animals is maintained in the park and returned back to the state if and

when the park is closed or no longer licensed.

The Department of Game and Fish notes by removing the current 3,200 acre maximum and al-

lowing up to 20,000 acre to be placed into a Class A park, depending on the location, large popu-

lations of state game animals can be enclosed within the fence and immediately be brought into

private ownership. Likewise, since game parks may be established on private property anywhere

in the state, a game proof fence would be constructed which may alter natural movement of

game and perhaps interfere with important seasonal habitat use in some parts of the state. The

department further notes large fenced acreage may interfere with other wildlife outside of the

enclosure by preventing access to critical habitat components such as water sources, foraging

areas and protective cover.

FISCAL IMPLICATIONS

This provisions contained in this bill may require additional manpower to implement. An appro-

priation is not contained for this additional support.

TECHNICAL ISSUES

The department is mandated under Section 17-1-1 NMSA 1978 to ensure and provide public rec-

reation and maintain an adequate supply of game. Increasing park size up to twenty thousand

acres may lend itself to limiting the supply of game fish and animals in particular areas. The de-

partment requests authority be given to the director or the State Game Commission to withhold

final approval of a park license until local game population numbers and habitat use could be

evaluated to ensure that statutory provisions could be met.

PA/sb