SB 395
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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
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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
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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."