HB 536

Page 1

AN ACT

RELATING TO GAME ANIMALS; PROVIDING FOR CIVIL PENALTIES FOR

UNLAWFUL DISPOSITION OF A TROPHY ANIMAL; AMENDING A SECTION OF

THE NMSA 1978.

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

Section 1. 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

damages 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

HB 536

Page 2

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. Notwithstanding the provisions of Subsection A

of this section, the state game commission shall establish

damages recoverable by civil judgment on a game animal, bird

or fish designated to be a trophy animal by commission rule.

C. Damages recovered pursuant to this section are

intended to compensate the state for the loss of unique public

resources and shall not be limited or reduced by the extent of

fines assessed pursuant to any criminal statute. The

department of game and fish shall not award or issue a

license, permit or certificate to a debtor owing damages

pursuant to this section until the judgment has been paid in

full to the department.

D. 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.

E. 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.

F. 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.

G. The provisions of this section shall not apply

to a landowner or lessee, or employee of either, who kills an

animal, on private land in which the person has 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 rules of the department." HB 536

Page 3