HB0206

HOUSE BILL 206

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Jimmie C. Hall

AN ACT

RELATING TO EXECUTIVE ORGANIZATION; MERGING THE DEPARTMENT OF GAME AND FISH WITH THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT; TRANSFERRING THE DUTIES OF THE STATE GAME COMMISSION TO THE GAME AND FISH DIVISION OF THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT; ELIMINATING THE STATE GAME COMMISSION; PROVIDING FOR TRANSFERS OF FUNCTIONS, PERSONNEL, APPROPRIATIONS, MONEY, PROPERTY, CONTRACTUAL OBLIGATIONS AND REFERENCES; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 1997, LAWS 2000 AND LAWS 2005.

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

SECTION 1. Section 9-5A-1 NMSA 1978 (being Laws 1987, Chapter 234, Section 1) is amended to read:

"9-5A-1. SHORT TITLE.--[Sections 1 through 7 of this act] Chapter 9, Article 5A NMSA 1978 may be cited as the "Energy, Minerals and Natural Resources Department Act"."

SECTION 2. Section 9-5A-3 NMSA 1978 (being Laws 1987, Chapter 234, Section 3, as amended by Laws 1997, Chapter 137, Section 1 and also by Laws 1997, Chapter 149, Section 2) is amended to read:

"9-5A-3. DEPARTMENT ESTABLISHED.--[A.] There is created in the executive branch the "energy, minerals and natural resources department". The department shall be a cabinet department and shall include but not be limited to the following organizational units:

[(1)] A. the administrative services division;

[(2)] B. the state parks division;

[(3)] C. the forestry division;

[(4)] D. the energy conservation and management division;

[(5)] E. the mining and minerals division; [and

(6)] F. the oil conservation division; and

G. the game and fish division

[B. The state game commission is administratively attached to the department]."

SECTION 3. Section 9-5A-5 NMSA 1978 (being Laws 1987, Chapter 234, Section 5) is amended to read:

"9-5A-5. SECRETARY OF ENERGY, MINERALS AND NATURAL RESOURCES--APPOINTMENT--POWERS AND DUTIES.--

A. The administrative head of the energy, minerals and natural resources department is the "secretary of energy, minerals and natural resources", who shall be appointed by the governor with the consent of the senate and who shall serve in the executive cabinet.

B. An appointed secretary of energy, minerals and natural resources shall serve and have all of the duties, responsibilities and authority of that office during the period of time prior to final action by the senate confirming or rejecting [his] the secretary's appointment.

C. The secretary of energy, minerals and natural resources has every power expressly enumerated in the laws to perform the secretary's duties, whether granted to the secretary, the energy, minerals and natural resources department or any division of the department, except where authority conferred upon any division is explicitly exempt from the secretary's authority by statute."

SECTION 4. Section 11-16-1 NMSA 1978 (being Laws 2001, Chapter 101, Section 1) is amended to read:

"11-16-1. SHORT TITLE.--[This act] Chapter 11, Article 16 NMSA 1978 may be cited as the "Wildlife Violator Compact"."

SECTION 5. Section 11-16-11 NMSA 1978 (being Laws 2001, Chapter 101, Section 11) is amended to read:

"11-16-11. LICENSING AUTHORITY--ADMINISTRATOR--EXPENSES.--

A. The [department of] game and fish division of the energy, minerals and natural resources department is designated as the licensing authority in New Mexico for the purposes of the Wildlife Violator Compact.

B. The director of the [department of] game and fish division shall furnish to the appropriate authorities of the participating states any information or documents reasonably necessary to facilitate the administration of the Wildlife Violator Compact.

C. The compact administrator shall not be entitled to any additional compensation for [his] service as the compact administrator, but shall be entitled to expenses incurred in connection with [his] the duties and responsibilities as compact administrator in the same manner as for expenses incurred in connection with other duties or responsibilities of [his] the compact administrator's office or employment."

SECTION 6. Section 16-2-2 NMSA 1978 (being Laws 1977, Chapter 254, Section 113, as amended) is amended to read:

"16-2-2. STATE PARKS--GAME AND FISH ADVISORY BOARD CREATED--MEMBERSHIP--COMPENSATION--DUTIES.--

A. The "advisory board" to the state parks division and the game and fish division of the energy, minerals and natural resources department is created. It shall be composed of seven to eleven members appointed by the governor.

B. The advisory board shall provide advice and make recommendations relating to the administration of the state parks division and the game and fish division and the interface between the two divisions and state parks and game and fish issues. It shall advise on all matters of policy, [regulations] rules, the formulation of [a] comprehensive statewide recreation [plan], hunting and fishing plans and such other matters as may be requested by the director of [that division] each division.

C. The advisory board shall meet quarterly or at the call of the [chairman] chair.

D. Each member of the advisory board shall annually elect a [chairman] chair and vice [chairman] chair from its membership. The director of the state parks division shall serve as the executive secretary of the board.

E. Members of the advisory board shall not be paid and shall not receive per diem."

SECTION 7. Section 16-2-32 NMSA 1978 (being Laws 1935, Chapter 57, Section 19, as amended) is amended to read:

"16-2-32. CRIMINAL OFFENSES--PENALTY.--A person who commits any of the following acts is guilty of a petty misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978:

A. cut, break, injure, destroy, take or remove a tree, shrub, timber, plant or natural object in any state park and recreation area, except in areas designated by the secretary of energy, minerals and natural resources and permitted by [regulations] rules adopted by the secretary. [such. Regulations] Rules shall only permit the removal of a tree, shrub, timber, plant or natural object for scientific study or for noncommercial use by an individual as a souvenir. The quantity of material authorized for removal from any area shall be strictly regulated by park personnel in order to minimize resource damage;

B. kill, cause to be killed or pursue with intent to kill a bird or animal in a state park and recreation area, except in areas designated by the secretary and except in conformity with the provisions of general law and the [regulations] rules of the [state game commission] game and fish division of the energy, minerals and natural resources department;

C. take a fish from the waters of a state park and recreation area, except in conformity with the provisions of general law and the [regulations] rules of the [state game commission] game and fish division;

D. willfully mutilate, injure, deface or destroy any guidepost, notice, tablet, fence, enclosure or work that is for the protection or ornamentation of a state park and recreation area;

E. light a fire in a state park and recreation area, except in those places authorized for fires by the secretary, or willfully or carelessly permit any fire [which] that is authorized and that [he] the person has lighted or caused to be lighted or under [his] the person's charge to spread or extend to or burn the shrubbery, trees, timber, ornaments or improvements in a state park and recreation area or leave a campfire that [he] the person has lighted or that has been left in [his] the person's charge unattended by a competent person without extinguishing it;

F. place in a state park and recreation area or affix to an object in a state park and recreation area a word, character or device designed to advertise a business, profession, article, thing, exhibition, matter or event without a written license from the secretary permitting [him] the person to do it; or

G. violate a rule [or regulation] adopted by the secretary pursuant to the provisions of Chapter 16, Article 2 NMSA 1978."

SECTION 8. Section 17-1-5 NMSA 1978 (being Laws 1931, Chapter 117, Section 5, as amended) is amended to read:

"17-1-5. [EMPLOYMENT AND DISCHARGE OF] DIRECTOR [AND OTHER EMPLOYEES--DEPARTMENT OF GAME AND FISH CREATED] OF THE GAME AND FISH DIVISION.--[A.] The [state game commission] energy, minerals and natural resources department shall employ a director of the game and fish division of the department, who shall [under such authorization that the game commission shall approve] employ such conservation officers, clerks and other employees as [he shall deem] the director deems proper and necessary to enforce and administer the laws and [regulations] rules relating to game and fish, and who shall prescribe their duties respectively. [and who with the advice and consent of the state game commission shall fix the compensation of all the employees of the "department of game and fish", which is hereby created.

B. The state game commission may at any time discharge the director for reasons that the state game commission shall deem sufficient. The director may dismiss employees in accordance with the provisions of the Personnel Act.]"

SECTION 9. Section 17-1-5.1 NMSA 1978 (being Laws 1994, Chapter 129, Section 1) is amended to read:

"17-1-5.1. CONSERVATION SERVICES [DIVISION] BUREAU-- DUTIES.--

A. The "conservation services [division] bureau" is created within the [department of] game and fish division of the energy, minerals and natural resources department.

B. The conservation services [division] bureau is responsible for:

(1) management, enhancement, research and conservation of public wildlife habitat;

(2) the lease, purchase, enhancement and management of state wildlife habitat;

(3) assisting landowners in improving wildlife habitats;

(4) development of educational programs related to conservation of wildlife and the environment, including the expanded dissemination of wildlife publications; and

(5) communication and consultation with federal and other state agencies, local governments and communities, private organizations and affected interests responsible for habitat, wilderness, recreation, water quality and environmental protection to ensure comprehensive conservation services for hunters, anglers and nonconsumptive wildlife users."

SECTION 10. Section 17-1-7 NMSA 1978 (being Laws 1955, Chapter 181, Section 1) is amended to read:

"17-1-7. RESERVE CONSERVATION OFFICER.--There is hereby created within the [department of] game and fish division of the energy, minerals and natural resources department the position of "reserve conservation officer", which shall be a nonsalaried position."

SECTION 11. Section 17-1-8 NMSA 1978 (being Laws 1955, Chapter 181, Section 2) is amended to read:

"17-1-8. QUALIFICATIONS.--

A. Reserve conservation officer commissions shall be issued only to [the following: (a)] persons who have successfully completed a school of at least twenty-five hours conducted by the [department of] game and fish division of the energy, minerals and natural resources department covering procedures and techniques of wildlife management, law enforcement, public relations and such other subjects as may be deemed desirable by the [department of game and fish] division.

[(b)] B. The director of the game and fish division may substitute a minimum of six [months] months' experience as an employee of a state or federal conservation agency, including the state parks division, or a state livestock law enforcement board in lieu of the [aforementioned] schooling required under Subsection A of this section. Any substitution made under the provisions of this [paragraph] subsection shall be limited to the personnel currently employed by one of the [aforementioned] conservation agencies set forth in this subsection. Any appointments the director may make under the provisions of this [paragraph will] subsection shall terminate automatically with the termination of employment by [said] the agency of the individual so appointed or the individual's transfer from the state."

SECTION 12. Section 17-1-9 NMSA 1978 (being Laws 1955, Chapter 181, Section 3, as amended) is amended to read:

"17-1-9. POWERS AND DUTIES OF RESERVE CONSERVATION OFFICERS.--

A. Under the supervision of the [department of] game and fish [and subject to such restrictions as may be provided by the state game commission] division of the energy, minerals and natural resources department, reserve conservation officers shall have authority to enforce laws and valid [regulations] rules of the [state game commission] division relating to game and fish and perform such duties with respect to wildlife management and conservation education as may be assigned to them from time to time by the [department of game and fish] division. When on duty, reserve conservation officers shall be covered by the [Workmen's] Workers' Compensation Act. Reserve conservation officers shall have only the rights of private citizens in the enforcement of laws other than those relating to game and fish.

B. For the purpose of calculating the amount of reserve conservation officer's disability or death benefits pursuant to the [Workmen's] Workers' Compensation Act, the officer's average weekly wages shall be deemed to be the base wage of a wildlife management officer II as classified by the personnel board."

SECTION 13. Section 17-1-11 NMSA 1978 (being Laws 1977, Chapter 290, Section 5) is amended to read:

"17-1-11. CONSERVATION OFFICERS--OFFICIAL DUTIES--INSURANCE.--Conservation officers shall, in emergency situations, be considered on duty and within the scope of their employment for purposes of employee benefits and risk insurance when they follow specific instructions from a duly qualified full-time peace officer and in aid of [such] the peace officer in the carrying out of [his] the peace officer's duties. [The state game commission shall expand current insurance coverage to provide protection in such situations.]"

SECTION 14. Section 17-1-13 NMSA 1978 (being Laws 1912, Chapter 85, Section 46, as amended) is amended to read:

"17-1-13. [GAME WARDEN] DIRECTOR--SEAL OF OFFICE [SHALL KEEP].--[Sec. 46.] The [State Warden] director of the game and fish division of the energy, minerals and natural resources department shall keep a seal of office [which shall be] that is used to authenticate all papers and documents issued and executed by [him] the director as such officer."

SECTION 15. Section 17-1-14 NMSA 1978 (being Laws 1921, Chapter 35, Section 7, as amended by Laws 2005, Chapter 38, Section 1 and by Laws 2005, Chapter 177, Section 1) is amended to read:

"17-1-14. GENERAL POWERS AND DUTIES OF [STATE GAME

COMMISSION] GAME AND FISH DIVISION--GAME PROTECTION FUND--LIABILITY SUSPENSE ACCOUNT.--

A. The [state game commission] game and fish division of the energy, minerals and natural resources department shall have general control over the collection and disbursement of all money collected or received under the state laws for the protection and propagation of game and fish, which money shall be paid over to the state treasurer to the credit of the game protection fund, unless otherwise provided by law, and the fund, including all earned income, shall not be transferred to another fund. Prior to depositing money into the game protection fund, the [department of] game and fish division shall ensure that an amount adequate to cover the cost of refunds allowed by the provisions of Chapter 17 NMSA 1978 is held in a liability suspense account. All refunds shall be made from the liability suspense account. Money not needed to cover the cost of refunds shall be deposited in the game protection fund at the end of each month. Chapter 17 NMSA 1978 shall be guaranty to the person who pays for hunting and fishing licenses and permits that the money in that fund shall not be used for any purpose other than as provided in Chapter 17 NMSA 1978.

B. The [state game commission] game and fish division shall have authority to:

(1) establish and [through the director of the department of game and fish, to] operate fish hatcheries for the purpose of stocking public waters of the state and to furnish fish fry and fingerlings to stock private waters, receipts from such sources to go into the game protection fund;

(2) declare closed seasons in any specified locality and on any species of game or fish threatened with undue depletion from any cause;

(3) establish game refuges for the purpose of providing safe sanctuaries in which game may breed and replenish adjacent hunting ranges, it being the purpose of this provision to establish small refuges rather than large preserves or to close large areas to hunting;

(4) purchase lands for game refuges where suitable public lands do not exist, to purchase lands for fish hatcheries and to purchase lands to be maintained perpetually as public hunting grounds, particularly lands suitable for waterfowl hunting, all such lands to be paid for from the game protection fund;

(5) receive by gift or bequest, in the name and on behalf of the state, lands suitable for game refuges, hunting grounds, fish hatcheries or for any other purpose necessary to carry out the provisions of Chapter 17 NMSA 1978;

(6) apply for and accept any state, federal or private funds, grants or donations from any source for game and fish programs and projects;

(7) designate certain areas as rest grounds for migratory birds, in which hunting shall be forbidden at all times or at such times as the [state game commission] division shall provide, it being the purpose of this provision not to interfere unduly with the hunting of waterfowl but to provide havens in which they can rest and feed without molestation;

(8) close any public stream or lake or portion thereof to fishing when such action is necessary to protect a recently stocked water, to protect spawning waters or to prevent undue depletion of the fish;

(9) propagate, capture, purchase, transport or sell any species of game or fish needed for restocking any lands or streams of the state;

(10) after reasonable notice and hearing, suspend or revoke any license or permit issued pursuant to the provisions of Chapter 17 NMSA 1978 and withhold license privileges for a definite period not to exceed three years from any person procuring a license through misrepresentation, violating any provisions of Chapter 17 NMSA 1978 or hunting without a proper license;

(11) adopt rules establishing procedures that provide reasonable notice and a hearing before the [state game commission] director of the game and fish division for the suspension, revocation or withholding of license privileges of a person charged with violating the provisions of Chapter 17 NMSA 1978, subject to such judicial review as may be provided by law;

(12) conduct studies of programs for the management of endangered and nongame species of wildlife;

(13) establish licenses, permits and certificates not otherwise provided for in Section 17-3-13 NMSA 1978 and charge and collect just and reasonable fees for them; provided the fees shall not exceed the costs of administration associated with the licenses, permits or certificates;

(14) permit, regulate or prohibit the commercial taking or capturing of native, free-ranging amphibians or reptiles not specifically protected by law, except for rattlesnake roundups, collection of fish bait and lizard races;

(15) adopt rules to control, eradicate or prevent the spread of a contagious disease, pest or parasite, including chronic wasting disease, to or among game animals. The rules shall include provisions for:

(a) notification to the [department of game and fish] division of the diagnosis or suspected presence of a contagious disease;

(b) examination by the state veterinarian or the state veterinarian's designee of suspected infected game animals;

(d) disinfection and isolation of a licensed private park where an infected game animal has been; and

(e) indemnification and destruction of a protected game animal;

(16) as necessary, designate areas of the state in which bear-proof garbage containers are required on public and private lands to reduce potential human-bear interactions; and

(17) pursuant to appropriation by the legislature, expend money from the game protection fund and the habitat management fund for the improvement, maintenance, development and operation of property for fish and wildlife habitat management.

C. The director of the [department of] game and fish division shall exercise all the powers and duties conferred upon the state game and fish warden and the chair of the state game commission by all previous statutes now in force not in conflict with Chapter 17 NMSA 1978.

D. The [state game commission] game and fish division shall have authority to prohibit all hunting in periods of extreme forest fire danger, at such times and places as may be necessary to reduce the danger of destructive forest fires.

E. The hunting, pursuing, capturing, killing or wounding of any game animals, birds or fish in or upon any game refuge, rest ground or closed water or closed area or during any closed season established or proclaimed by the [state game commission] game and fish division in accordance with the authority conferred in Chapter 17 NMSA 1978 constitutes a misdemeanor and shall be punishable as prescribed in Chapter 17 NMSA 1978."

SECTION 16. Section 17-1-18 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 18, Section 3, as amended) is amended to read:

"17-1-18. BONDING AUTHORITY.--Whenever the [state game commission, by vote of a majority of its full membership entered in its minutes] secretary of energy, minerals and natural resources determines [by resolution], upon recommendation of the director of the game and fish division of the energy, minerals and natural resources department, that it is necessary to raise funds to provide for fish hatcheries and rearing facilities, game and fish habitat acquisition, development and improvement projects or other similar capital outlay projects, the [commission] secretary may issue and sell bonds of the state [of New Mexico] as provided in the Game and Fish Bond Act, provided that the total amount of [such] bonds issued under the authority of [this] the Game and Fish Bond Act shall not exceed two million dollars ($2,000,000). The purposes stated by the [commission] secretary and the amount of each bond issue shall be approved by the state board of finance before issuance of the bonds. The [commission] secretary shall report annually to the legislature any bonds issued pursuant to [this] the Game and Fish Bond Act and the purpose for which issued."

SECTION 17. Section 17-1-19 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 18, Section 4, as amended) is amended to read:

"17-1-19. BONDS--FORM--TERMS.--Bonds issued under the Game and Fish Bond Act shall be payable in consecutive order over a period of not more than twenty years from the date of issue. They shall be issued in denominations determined by the [state game commission] secretary of energy, minerals and natural resources and shall be sold at a net effective interest rate not exceeding the maximum net effective interest rate permitted by the Public Securities Act, as hereafter amended and supplemented. The form of the bonds shall be determined by the [state game commission] secretary and, except with respect to bonds issued in book entry or similar form without the delivery of physical securities, signatures of the governor, the state treasurer and the [chairman of the state game commission] secretary shall be affixed in compliance with the Uniform Facsimile Signature of Public Officials Act. The form and terms of the bonds shall be approved by the state board of finance before issuance of the bonds."

SECTION 18. Section 17-1-20 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 18, Section 5, as amended) is amended to read:

"17-1-20. SALE OF BONDS.--Bonds issued under the Game and Fish Bond Act shall be sold at public or private sale as determined by the [state game commission] secretary of energy, minerals and natural resources. If sold at public sale, the [chairman of the commission] secretary shall give notice of the time, place and terms of the sale by publication in a newspaper of general circulation published in Santa Fe, New Mexico, not less than twenty days nor more than sixty days prior to the sale date."

SECTION 19. Section 17-1-22 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 18, Section 7, as amended) is amended to read:

"17-1-22. SECURITY--RETIREMENT OF BONDS.--

A. There is created in the state treasury the "game and fish bond retirement fund". The [state game commission] game and fish division of the energy, minerals and natural resources department shall place into the game and fish bond retirement fund the sum of one dollar ($1.00) from each license enumerated in this subsection that is sold after April 1, 1976:

(1) resident, fishing;

(2) resident, small game;

(3) resident, deer;

(4) resident, general hunting;

(5) resident, general hunting and fishing;

(6) resident, trapper;

(7) nonresident, fishing;

(8) nonresident, small game;

(9) temporary fishing, five days; and

(10) nonresident, deer.

Such payments to the game and fish bond retirement fund shall be effective for all bonds issued under the Game and Fish Bond Act up to the maximum limitation on the amount of bonds provided in that act.

B. Money in the game and fish bond retirement fund is first pledged for the payment of principal and interest on all state game commission bonds [which] that have been issued and are outstanding [at the time of the effective date of this 1983 amendment] prior to June 17, 1983. Money in the game and fish bond retirement fund is further pledged for the payment of principal and interest on all state game commission bonds issued [after the effective date of this 1983 amendment] as of June 17, 1983. The issuance and sale of bonds under the Game and Fish Bond Act [constitutes] constitute an irrevocable contract between the [state game commission] energy, minerals and natural resources department and the owner of any bond, and so long as any bond remains outstanding, the fees pledged for payment shall not be reduced.

C. Bonds issued under the Game and Fish Bond Act are payable solely from the game and fish bond retirement fund, and they are not general obligations of the state.

D. The [state game commission] game and fish division shall continue to place in the game and fish bond retirement fund the sum of one dollar ($1.00) from each of the licenses enumerated in Subsection A of this section, even after the fund is sufficient to pay the principal and interest of the outstanding bonds and after all bonds issued have been retired."

SECTION 20. Section 17-1-22.1 NMSA 1978 (being Laws 1983, Chapter 143, Section 2) is amended to read:

"17-1-22.1. GAME AND FISH CAPITAL OUTLAY FUND--CREATED--TRANSFER OF MONEY--STATE BOARD OF FINANCE APPROVAL.--

A. There is created in the state treasury the "game and fish capital outlay fund".

B. Upon request of the [state game commission] director of the game and fish division of the energy, minerals and natural resources department, approved by the state board of finance, the state treasurer shall transfer to the game and fish capital outlay fund all money in the game and fish bond retirement fund except the amount necessary to meet all principal and interest payments on state game commission or game and fish division bonds due in the ensuing twelve months.

C. Money in the game and fish capital outlay fund may be expended by the [department of] game and fish division to provide for fish hatcheries and rearing facilities, game and fish habitat acquisition, development and improvements and other similar capital projects.

D. Projects to be funded pursuant to Subsection C of this section shall be approved by the [state game commission] secretary of energy, minerals and natural resources and the state board of finance prior to any money being encumbered for the project.

E. At any time that the game and fish bond retirement fund is insufficient to pay the principal and interest on all bonds [which] that have been issued and are outstanding, the unencumbered balance in the game and fish capital outlay fund shall be transferred to the game and fish bond retirement fund."

SECTION 21. Section 17-1-23 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 18, Section 8) is amended to read:

"17-1-23. CONSTRUCTION.--The Game and Fish Bond Act is full authority for authorization and issuance by the [state game commission] energy, minerals and natural resources department of bonds authorized by the state board of finance, and the [commission] department may do anything necessary to carry out the powers granted by the Game and Fish Bond Act."

SECTION 22. Section 17-1-25 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 18, Section 10) is amended to read:

"17-1-25. REFUNDING.--Any bonds issued under the Game and Fish Bond Act may be refunded under the terms of resolutions adopted by the [state game commission] secretary of energy, minerals and natural resources, subject to any contractual limitations involved with any outstanding bonds, claims or other obligations. The proceeds of refunding bonds shall be applied to retirement of the bonds to be retired or refunded, or placed in escrow to be applied to payment of the bonds upon presentation for payment by the holders. Refunding bonds shall be issued under all applicable conditions prescribed in the Game and Fish Bond Act for issuance of the original bonds."

SECTION 23. Section 17-1-26 NMSA 1978 (being Laws 1931, Chapter 117, Section 2, as amended) is amended to read:

"17-1-26. RULEMAKING POWER--PREDATOR ERADICATION.--

A. The [state game commission is hereby authorized and directed to make such] game and fish division of the energy, minerals and natural resources department shall promulgate rules [and regulations] and establish [such service] services as it may deem necessary to carry out all the provisions and purposes of [this Act] Chapter 17 NMSA 1978 and all other acts relating to game and fish [and]. In making such rules [and regulations] and in providing when, to what extent, if at all, and by what means game animals, birds and fish may be hunted, taken, captured, killed, possessed, sold, purchased and shipped, the [state game and Fish commission] division shall give due regard to the zones of temperatures and to the distribution, abundance, economic value and breeding habits of [such] the game animals, birds and fish.

B. The [state game commission is hereby authorized to] game and fish division may spend such reasonable amounts as in its judgment is [desirable and] necessary annually, from [their] the division's funds not otherwise needed, for the eradication of predatory animals."

SECTION 24. Section 17-1-27 NMSA 1978 (being Laws 1921, Chapter 35, Section 10) is amended to read:

"17-1-27. RULES--NOTICE AND HEARING.--Whenever three percent of the duly qualified electors of any county affected by a rule [or regulation] promulgated by the [commission] game and fish division of the energy, minerals and natural resources department, concerning hunting or fishing within [said] that county, [shall] petition the [commission] division in writing requesting a hearing, the [commission] division shall grant a public hearing, the time, place and purpose of which shall be set forth by advertising in one or more newspapers of general circulation within the state not less than ten [(10)] days before the date of [such] the hearing, and shall, on the date of hearing, give full opportunity for all persons to be heard on the point in controversy; [but] provided that nothing in this section shall be construed as suspending or invalidating any such rule [or regulation], unless it is suspended or revoked by the [commission] division."

SECTION 25. Section 17-1-28 NMSA 1978 (being Laws 1939, Chapter 19, Section 1) is amended to read:

"17-1-28. ASSENT TO ACT OF CONGRESS.--The state of New Mexico hereby assents to the provisions of the act of congress of the United States of America entitled "An act to provide that the United States shall aid the states in wildlife restoration projects, and for other purposes", approved September [7] 2, 1937 (Public Number 415, 75th Congress), and the [state game commission] game and fish division of the energy, minerals and natural resources department is hereby authorized and directed to perform all [such] acts as may be necessary to the conduct and establishment of cooperative wildlife restoration projects as defined by [said] that act of congress and in compliance with [said] that act and rules and regulations promulgated by the secretary of [agriculture] the interior thereunder."

SECTION 26. Section 17-1-29 NMSA 1978 (being Laws 1939, Chapter 19, Section 2) is amended to read:

"17-1-29. DISTRIBUTION OF FEDERAL FUNDS.--The [state game commission] game and fish division of the energy, minerals and natural resources department is authorized to receive any [moneys] money to which the state [of New Mexico] may become entitled under the [aforesaid act of congress] federal Wildlife and Sport Fish Restoration Programs Improvement Act of 2000. Such [moneys] money, when received, [to] shall be deposited with the state treasurer [of the state of New Mexico] to the credit of the [state] game protection fund, expended for the purpose designated and withdrawn [and] as other [moneys are] money is withdrawn from the [state] game protection fund."

SECTION 27. Section 17-2-1 NMSA 1978 (being Laws 1931, Chapter 117, Section 3, as amended) is amended to read:

"17-2-1. [COMMISSION] DIVISION POWERS.--The [state game commission] game and fish division of the energy, minerals and natural resources department, in addition to the powers now vested in it and not as a limitation of those powers, is expressly authorized and empowered by [regulation] rule adopted and promulgated in the manner provided in Chapter 17 NMSA 1978 to:

A. define game birds, game animals and game fish;

B. establish open and closed seasons for the killing or taking of all kinds of game animals, game birds and game fish and to change such open seasons from year to year and to fix different seasons for different parts of the state;

C. establish bag limits covering all kinds of game animals, game birds and game fish and the numbers thereof [which] that may be killed or taken by any one person during any one day or during any one open season;

D. authorize or prohibit the killing or taking of any game animals, game birds or game fish of any kind or sex;

E. prescribe the manner, methods and devices [which] that may be used in hunting, taking or killing game animals, game birds and game fish;

F. prescribe rules [and regulations] to prohibit any vehicle or vehicles used in transporting persons engaged in hunting, taking or killing game animals, game birds and game fish from leaving established roadways; and

G. appoint one or more advisory committees to furnish advice, evaluations and recommendations for wildlife management projects utilizing revenue derived from the sale of public land management stamps. The advisory committees shall be created pursuant to the procedures of Section 9-1-9 NMSA 1978, provided that the restrictions on the life of advisory committees contained in Subsection F of that section shall not be applicable."

SECTION 28. Section 17-2-2 NMSA 1978 (being Laws 1937, Chapter 23, Section 1) is amended to read:

"17-2-2. GAME TO BE PROTECTED.--The game animals and quadrupeds, game birds and fowl and game fish as [herein] defined in Chapter 17 NMSA 1978 shall be protected, and hunting, taking, capturing, killing or possession of or attempt to hunt, take, capture or kill [of] any or all species named [herein] in that chapter shall be regulated by the [state game commission] game and fish division of the energy, minerals and natural resources department under the authority of Chapter [117 of the 1931 Session Laws of the State of New Mexico] 17 NMSA 1978."

SECTION 29. Section 17-2-4.2 NMSA 1978 (being Laws 2001, Chapter 66, Section 2) is amended to read:

"17-2-4.2. AMPHIBIANS AND REPTILES--PROTECTED--

PERMITS--UNLAWFUL TAKING--MISDEMEANOR--PENALTIES.--

A. All species, except for those collected in rattlesnake roundups, for fish bait or for lizard races, of native, free-ranging amphibians and reptiles are hereby classified as protected nongame animals for commercial taking purposes. The commercial taking or capturing of native, free-ranging amphibians and reptiles is prohibited except by a permit issued by the [state game commission] game and fish division of the energy, minerals and natural resources department.

B. The [state game commission] game and fish division shall adopt rules necessary to administer Paragraph (14) of Subsection A of Section 17-1-14 NMSA 1978 and this section to assure that viable populations of native, free-ranging amphibians and reptiles are maintained in the state.

C. If the [state game commission] game and fish division determines that it will offer permits to take or capture native, free-ranging amphibians or reptiles, the [commission] division shall adopt a rule listing protected native, free-ranging amphibians and reptiles that may be taken or captured after taking into consideration any criteria that can be shown to have an effect from commercial takings on the viability of the species population in the state.

D. Unlawful taking of a native, free-ranging amphibian or reptile consists of intentionally taking or capturing, for commercial purposes, a regulated native, free-ranging amphibian or reptile without a valid permit from the [state game commission] game and fish division.

E. Amphibians and reptiles may be removed, captured or destroyed without a permit, by any person, in emergency situations involving an immediate threat to human life or private property.

F. Whoever commits unlawful taking of a native, free-ranging amphibian or reptile is guilty of a misdemeanor and shall be fined not less than fifty dollars ($50.00) per occurrence and not more than one thousand dollars ($1,000) per occurrence or be imprisoned for not more than one year or both.

G. As referred to in this section, "taking" means the act of seizing amphibians or reptiles for a commercial purpose."

SECTION 30. Section 17-2-7 NMSA 1978 (being Laws 1931, Chapter 117, Section 8, as amended) is amended to read:

"17-2-7. UNLAWFUL HUNTING OR FISHING.--

A. Except as permitted by [regulations] rules adopted by the [state game commission] game and fish division of the energy, minerals and natural resources department or as otherwise allowed by law, it is unlawful to:

(1) hunt, take, capture, kill or attempt to take, capture or kill, at any time or in any manner, any game animal, game bird or game fish in the state; or

(2) possess, offer for sale, sell, offer to purchase or purchase in the state all or any part of any game animal, game bird or game fish.

B. Notwithstanding any other law, the owner of domestic livestock in this state or [his] the owner's regular employee may hunt, take, capture or kill any cougar or bear [which] that has killed domestic livestock. The owner of livestock or [his] the owner's regular employee who takes action under this provision [will] shall report this action to the [department of] game and fish [who will] division, which shall verify the necessity of the action taken.

C. Violation of this section is a misdemeanor and shall be punished as provided in Section 17-2-10 NMSA 1978.

D. The provisions of this section shall not be deemed to prohibit the possession of game animals, birds or fish taken legally in any other jurisdiction."

SECTION 31. Section 17-2-7.1 NMSA 1978 (being Laws 1993, Chapter 94, Section 1) is amended to read:

"17-2-7.1. INTERFERENCE PROHIBITED--CRIMINAL PENALTIES--CIVIL PENALTIES--REVOCATION OF LICENSE, CERTIFICATE OR PERMIT.--

A. It is unlawful for a person to commit interference with another person who is lawfully hunting, trapping or fishing in an area where hunting, trapping or fishing is permitted by a custodian of public property or an owner or lessee of private property.

B. A person who commits a:

(1) first offense of interference is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978; and

(2) second or subsequent offense of interference is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

C. When a person who commits interference possesses a license, certificate or permit issued to [him] the person by the [state game commission] game and fish division of the energy, minerals and natural resources department, the license, certificate or permit shall be subject to revocation by the [commission] division pursuant to the provisions of Sections 17-1-14 and 17-3-34 NMSA 1978.

D. As used in this section, "interference" means:

(1) intentionally placing oneself in a location where a human presence may affect the behavior of a game animal, bird or fish or the feasibility of killing or taking a game animal, bird or fish with the intent of interfering with or harassing another person who is lawfully hunting, trapping or fishing;

(2) intentionally creating a visual, aural, olfactory or physical stimulus for the purpose of affecting the behavior of a game animal, bird or fish with the intent of interfering with or harassing another person who is lawfully hunting, trapping or fishing; or

(3) intentionally affecting the condition or altering the placement of personal property used for the purpose of killing or taking a game animal, bird or fish.

E. Nothing in this section shall be construed to include a farmer or rancher in pursuit of [his] normal farm or ranch operation or a law enforcement officer in pursuit of [his] official duties."

SECTION 32. Section 17-2-7.2 NMSA 1978 (being Laws 1997, Chapter 224, Section 3) is amended to read:

"17-2-7.2. LANDOWNER TAKING--CONDITIONS--[DEPARTMENT] DIVISION RESPONSIBILITIES.--

A. A landowner or lessee, or an employee of either, may take or kill an animal on private land, in which [they have] the landowner or lessee has an ownership or leasehold interest, including game animals and other quadrupeds, game birds and fowl, that presents an immediate threat to human life or an immediate threat of damage to property, including crops; provided, however, that the taking or killing is reported to the [department of game and fish] division within twenty-four hours and before the removal of the carcass of the animal killed, in accordance with [regulations] rules adopted by the [commission] division.

B. A landowner or lessee, or an employee of either, may take or kill animals on private land, in which [they have] the landowner or lessee has an ownership or leasehold interest, including game animals and other quadrupeds, game birds and fowl, that present a threat to human life or damage to property, including crops, according to [regulations] rules adopted by the [commission] division. The [regulations] rules shall:

(1) provide a method for filing a complaint to the [department] division by the landowner or lessee, or an employee of either of them, of the existence of a depredation problem;

(2) provide for various [departmental] interventions by the division, depending upon the type of animal and depredation;

(3) require the [department] division to offer at least three different interventions, if practical;

(4) require the [department] division to respond to the initial and any subsequent complaints within ten days with an intervention response to the complaint and to carry out the intervention, if agreed upon between the [department] division and the landowner, within five days of that agreement;

(5) permit the landowner or lessee to reject for good cause the interventions offered by the [department] division;

(6) require a landowner or lessee to demonstrate that the property depredation is greater in value than the value of any wildlife-related income or fee collected by the landowner or lessee for permission to take or kill an animal of the same species on the private property or portion of the private property identified in the complaint as the location where the depredation occurred; and

(7) permit the landowner, lessee or employee, when interventions by the [department] division have not been successful and after one year from the date of the filing of the initial complaint, to kill or take an animal believed responsible for property depredation.

C. For purposes of this section:

[(1) "commission" means the state game commission;

(2) "department"] (1) "division" means the [department of] game and fish division of the energy, minerals and natural resources department; and

[(3)] (2) "intervention" means a solution proposed by the [department] division to eliminate the depredation."

SECTION 33. Section 17-2-8 NMSA 1978 (being Laws 1977, Chapter 70, Section 1) is amended to read:

"17-2-8. WASTE OF GAME.--It is unlawful for any person:

A. who hunts or fishes and takes any game mammal designated in [Paragraphs] Paragraph (2), (3) or (4) of Subsection A of Section [53-2-3 NMSA 1953] 17-2-3 NMSA 1978, any game bird or any game fish to fail to transport the edible portions of the meat obtained to [his] the person's home for human consumption or to provide for the human consumption thereof under any [commission regulations] rules of the game and fish division of the energy, minerals and natural resources department pertaining to exportation, transportation and donation of game; or

B. who wounds or may have wounded any game mammal designated in [Paragraphs] Paragraph (2), (3) or (4) of Subsection A of Section [53-2-3 NMSA 1953] 17-2-3 NMSA 1978 to fail to go to the place where the mammal sustained or may have sustained the wound and make a reasonable attempt to track the mammal and reduce it to possession."

SECTION 34. Section 17-2-9 NMSA 1978 (being Laws 1931, Chapter 117, Section 9, as amended) is amended to read:

"17-2-9. JURISDICTION OF MAGISTRATE COURT.--The magistrate court has jurisdiction in all cases arising under Chapter [53 NMSA 1953] 17 NMSA 1978 and [regulations] rules promulgated by the [state game commission] game and fish division of the energy, minerals and natural resources department. In addition to other jurisdiction, a magistrate has jurisdiction over such cases arising in any magistrate district adjoining at any point that in which [he] the magistrate serves, with the consent of the accused."

SECTION 35. 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] game and fish division of the energy, minerals and natural resources department 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. 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);

(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);

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

(4) for exceeding the bag limit of any big game species, a fine of four hundred dollars ($400);

(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);

(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);

(8) for a violation of Section 17-2-31 NMSA 1978, a fine of three hundred dollars ($300);

(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);

(10) for illegally taking, attempting to take, killing, capturing or possessing of each jaguar, a fine of two thousand dollars ($2,000); 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).

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] game and fish division 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 of not more than three hundred sixty-four days. 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);

(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);

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

(4) for exceeding the bag limit of any big game species, a fine of six hundred dollars ($600);

(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);

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

(8) for a violation of Section 17-2-31 NMSA 1978, a fine of 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 five hundred dollars ($1,500);

(10) for illegally taking, attempting to take, killing, capturing or possessing of each jaguar, a fine of 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 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] game and fish division 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 of not less than ninety days, which shall not be suspended or deferred, and not more than three hundred sixty-four days. 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);

(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);

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

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

(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);

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

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

(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);

(10) for illegally taking, attempting to take, killing, capturing or possessing of each jaguar, a fine of 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 two thousand dollars ($2,000).

D. [Any] A person who is convicted of a violation of any [regulations] rules adopted by the [state game commission] game and fish division 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) or more than five hundred dollars ($500) 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 an 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 division 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] division."

SECTION 36. Section 17-2-10.1 NMSA 1978 (being Laws 1995, Chapter 177, Section 1) is amended to read:

"17-2-10.1. GAME AND FISH PENALTY ASSESSMENT MISDEMEANORS--DEFINITION--SCHEDULE OF ASSESSMENTS.--

A. As used in Chapter 17 NMSA 1978, "penalty assessment misdemeanor" means a violation of any of the following listed sections of the NMSA 1978 for which the listed penalty assessment is established:

COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT

Fishing without a license 17-3-17 $ 75.00

Hunting small game without

a license 17-3-1 $100.00.

B. When an alleged violator of a penalty assessment misdemeanor elects to accept a notice to appear in lieu of a notice of penalty assessment, no fine imposed upon later conviction shall exceed the penalty assessment established for the particular penalty assessment misdemeanor.

C. With the penalty assessment collected for each penalty assessment misdemeanor pursuant to this section, there shall be assessed and collected the cost of the appropriate license that the violator failed to produce. Upon presentation of proof of payment of the penalty assessment, the director of the [department of] game and fish division of the energy, minerals and natural resources department shall issue the appropriate license."

SECTION 37. Section 17-2-10.2 NMSA 1978 (being Laws 1995, Chapter 177, Section 2) is amended to read:

"17-2-10.2. GAME AND FISH PENALTY ASSESSMENT--PAYMENT.--

A. Unless a warning notice is given to an alleged violator, at the time the alleged violator is charged with a penalty assessment misdemeanor, the conservation officer shall offer the alleged violator the option of accepting a penalty assessment. The signature of the alleged violator on the penalty assessment notice constitutes an acknowledgment of guilt of the offense stated in the notice. The acknowledgment shall be included in accrual of points toward revocation of licenses as provided for in Section 17-3-34 NMSA 1978 or in [regulations] rules adopted to implement that section.

B. Payment of [any] a penalty assessment, including cost of the appropriate license, shall be mailed to the [state game commission] game and fish division of the energy, minerals and natural resources department within thirty days from the date of charge. Payment of penalty assessments are timely if postmarked within thirty days from the date of the charge. The [commission] division may issue a receipt when a penalty assessment is paid by currency, but checks tendered by the violator upon which payment is received are sufficient receipt.

C. No record of [any] a penalty assessment payment is admissible as evidence in court in [any] a civil action."

SECTION 38. Section 17-2-10.3 NMSA 1978 (being Laws 1995, Chapter 177, Section 3) is amended to read:

"17-2-10.3. GAME AND FISH PENALTY ASSESSMENT--LICENSE REVOCATION.--

A. The [state game commission] game and fish division of the energy, minerals and natural resources department is authorized to revoke the hunting or fishing license, or both, of a person who fails to pay a penalty assessment or who fails to appear, after proper notice, for hearings as required by law or [regulation] rule.

B. The [state game commission] game and fish division may revoke the hunting or fishing license, or both, of any person, resident or nonresident, who is convicted in another state of any single offense that, if committed in New Mexico, would be grounds for revocation of license."

SECTION 39. Section 17-2-11 NMSA 1978 (being Laws 1912, Chapter 85, Section 40, as amended) is amended to read:

"17-2-11. [GAME--FISH] PROSECUTIONS--[ACCOMPLICES MAY TESTIFY--EVIDENCE] ACCOMPLICE TESTIMONY--IMMUNITY.--[SEC. 40.] In any prosecution under [this] Chapter 17 NMSA 1978, any participant in a violation thereof, when so requested by the district attorney, [State Warden] director of the game and fish division of the energy, minerals and natural resources department or other officer instituting the prosecution, may testify as a witness against any other person charged with violating the same, and [his] the accomplice's evidence so given shall not be used against [him] the accomplice in any prosecution for [such] that violation."

SECTION 40. Section 17-2-12 NMSA 1978 (being Laws 1937, Chapter 23, Section 3, as amended) is amended to read:

"17-2-12. REFUGES--FIREARMS [ON] PROHIBITED--EXCEPTIONS.--It is unlawful for any person to carry, transport or have in [his] the person's possession bows, arrows, crossbows or firearms of any kind or description within or upon any game refuge or to discharge any firearm or arrow into or within any state game refuge in New Mexico; provided that this section shall not apply to any county, state or federal officer in the discharge of [his] official duties [nor] or to persons crossing refuges over public roads and trails with firearms unloaded or taken down; and provided further that permits may be issued by the director of the game and fish division of the energy, minerals and natural resources department to stockmen, trappers, ranchers and property owners, or their employees, to carry firearms while engaged in the discharge of their legitimate affairs on or within game refuges."

SECTION 41. Section 17-2-13 NMSA 1978 (being Laws 1912, Chapter 85, Section 55, as amended) is amended to read:

"17-2-13. SONGBIRDS--TRAPPING, KILLING OR INJURING PROHIBITED.--It [shall be] is unlawful for any person to shoot, ensnare or trap for the purpose of killing or in any other manner to injure or destroy any songbird or birds whose principal food consists of insects, comprising all the species and varieties of birds represented by the several families of bluebirds, including the western and mountain bluebirds; also bobolinks, catbirds, chickadees, cuckoos, which includes the chaparral bird or roadrunner (Geococcyx novo mexicanus), flickers, flycatchers, grosbeaks, hummingbirds, kinglets, martins, meadowlarks, nighthawks or bull bats, nuthatches, orioles, robins, shrikes, swallows, swifts, tanagers, titmice, thrushes, vireos, warblers, waxwings, [whipporwills] whippoorwills, woodpeckers, wrens and all other perching birds [which] that feed entirely or chiefly on insects. This section does not prohibit the killing of such birds for scientific purposes under permits from the [department of] game and fish division of the energy, minerals and natural resources department."

SECTION 42. Section 17-2-14 NMSA 1978 (being Laws 1973, Chapter 104, Section 1, as amended) is amended to read:

"17-2-14. HAWKS, VULTURES AND OWLS--TAKING, POSSESSING, TRAPPING, DESTROYING, MAIMING OR SELLING PROHIBITED--EXCEPTION BY PERMIT--PENALTY.--

A. It is unlawful for any person to take, attempt to take, possess, trap or ensnare or in any manner to injure, maim or destroy birds of the order Falconiformes, comprising all of the species and varieties of birds represented by the several families of vultures and hawks, and all of the order Stringiformes, comprising all of the species and varieties of owls. It is also unlawful to purchase, sell or trade, or to possess for the purpose of selling or trading, any parts of these birds.

B. The director of the [department of] game and fish division of the energy, minerals and natural resources department may issue permits to allow any person to take, possess, trap, ensnare or destroy any bird protected by this section or to possess, give, purchase, sell or trade, or to possess for the purpose of selling or trading, any parts of any birds protected by this section. Permits shall be granted for the following purposes:

(1) Indian religious purposes;

(2) scientific purposes in accordance with law and the [regulations] rules of the [department of] game and fish division; or

(3) falconry purposes in accordance with law and the [regulations] rules of the [department] division.

C. Notwithstanding any other law, any person engaged in the commercial raising of poultry or game birds may take, capture or kill any hawk, owl or vulture that has killed such poultry or game birds. The owner of [such] a game or poultry farm who takes action under this provision shall report this action to the [department of] game and fish division, which shall verify the necessity of the action taken.

D. Any person violating the provisions of this section is guilty of a petty misdemeanor."

SECTION 43. Section 17-2-17 NMSA 1978 (being Laws 1912, Chapter 85, Section 26, as amended) is amended to read:

"17-2-17. GAME AND FISH--[HELD IN] STORAGE [WHEN LAWFUL].--[SEC. 26.] No game or fish shall be received or held in storage except as follows [namely]:

[(1)] A. during the open season [therefor] for such game and fish and for five days thereafter when the [same] game or fish is stored for the person lawfully in possession of [the same] it;

[(2)] B. at any time of the year when there is attached [thereto] to the game or fish a proper and valid officer's invoice as provided in [this] Chapter 17 NMSA 1978 relating to the seizure of game and fish, for not more than thirty days after the date of [such] that invoice; or

[(3)] C. when there is attached [thereto] to the game or fish a proper and valid certificate or permit signed by the [State Warden or deputy] director of the game and fish division of the energy, minerals and natural resources department or conservation officer and on its face authorizing storage of the [article named therein] game or fish listed in the certificate or permit and during the period [therein stated] listed on the certificate or permit."

SECTION 44. Section 17-2-19 NMSA 1978 (being Laws 1912, Chapter 85, Section 57, as amended) is amended to read:

"17-2-19. ENFORCEMENT OF GAME LAWS--POWERS OF

CONSERVATION OFFICERS.--

A. The director of the [department of] game and fish division of the energy, minerals and natural resources department, each conservation officer, each sheriff in [his] the sheriff's respective county and each member of the New Mexico state police shall enforce Chapter 17 NMSA 1978 and shall:

(1) seize any game or fish held in violation of that chapter;

(2) with or without warrant, arrest any person whom [he] the director, conservation officer, sheriff or state police officer knows to be guilty of a violation of that chapter; and

(3) open, enter and examine all camps, wagons, cars, tents, packs, boxes, barrels and packages where [he has] there is reason to believe any game or fish taken or held in violation of that chapter is to be found, and seize it.

B. Any warrant for the arrest of a person shall be issued upon sworn complaint, the same as in other criminal cases, and any search warrant shall issue upon a written showing of probable cause, supported by oath or affirmation, describing the places to be searched or the persons or things to be seized.

C. Conservation officers may, under the direction of the [state game commission and the] director of the [department of] game and fish division:

(1) establish [from time to time, as needed for the proper functioning of the game and fish research and management division] checking stations at points along established roads, or roadblocks, for the purpose of collecting biological information or detecting and apprehending persons violating the game and fish laws and the [regulations] rules referred to in Section 17-2-10 NMSA 1978;

(2) under emergency circumstances and while on official duty only enforce the provisions of the Criminal Code and the Motor Vehicle Code; and

(3) while on official duty only, enforce the provisions of:

(a) Sections 30-14-1 and 30-14-1.1

NMSA 1978 pertaining to criminal trespass;

(b) Section 30-7-4 NMSA 1978 pertaining to negligent use of a deadly weapon;

(d) Section 30-22-1 NMSA 1978 pertaining to resisting, evading or obstructing an officer; and

(e) Section 72-1-8 NMSA 1978 pertaining to camping next to a manmade water hole."

SECTION 45. Section 17-2-20 NMSA 1978 (being Laws 1912, Chapter 85, Section 31, as amended) is amended to read:

"17-2-20. [PUBLIC NUISANCE--NETS, TRAPS, EXPLOSIVES--WHEN DEEMED TO BE--PROVISO] UNLAWFUL DEVICES--SEIZURE AND DESTRUCTION.--[SEC. 31.] Every net, trap, explosive, poisonous or stupefying substance or device used or intended for use in taking or killing game or fish in violation of [this] Chapter 17 NMSA 1978 and set, kept or found in or upon any of the streams or waters in this state or upon the shores thereof, and every trap, device, blind or deadfall found baited in violation of [this] that chapter, is declared to be a public nuisance and may be abated and summarily destroyed by any person [and]. It [shall be] is the duty of every officer authorized to enforce [this] that chapter to seize and summarily destroy the same, and no prosecution or suit shall be maintained for such destruction; provided that nothing in [this] that chapter shall be construed as affecting the right of the [State Warden] director of the game and fish division of the energy, minerals and natural resources department to use such means as may be proper for the promotion of game and fish propagation and culture [nor] or as authorizing the seizure or destruction of firearms."

SECTION 46. Section 17-2-20.3 NMSA 1978 (being Laws 1979, Chapter 321, Section 3) is amended to read:

"17-2-20.3. PENALTIES.--The following violations [shall] constitute a misdemeanor:

A. illegal possession or transportation of big game during closed season;

B. taking or attempting to take big game during closed season;

C. taking or attempting to take big game by the use of spotlight or artificial light;

D. selling or attempting to sell big game or parts thereof, except as permitted by [regulation] rules of the [state game commission] game and fish division of the energy, minerals and natural resources department; and

E. exceeding the bag limit on any big game species during open season."

SECTION 47. Section 17-2-21 NMSA 1978 (being Laws 1912, Chapter 85, Section 23, as amended) is amended to read:

"17-2-21. GAME AND FISH--SEIZED BY OFFICERS--DISPOSAL [OF]--PROCEEDS.--[SEC. 23.] All game and fish seized under the game laws shall without unnecessary delay be sold by the officer making [such] the seizure or by the [State Warden] director of the game and fish division of the energy, minerals and natural resources department, except when such sale is impracticable or likely to incur expenses exceeding the proceeds, in which case the [same] game or fish shall be donated to some charitable institution or needy person not concerned in the unlawful killing or possession thereof. The officer making [such] the seizure shall sign and give to each purchaser or donee an invoice stating the time and place of disposition, the kind and weight as near as may be of the game or fish disposed of and the name of the purchaser or donee. [Such] The invoice [shall authorize] authorizes possession, transportation and use within the state and storage for thirty days from date. The proceeds from [such] the sale, after deducting the cost of seizure and sale, shall, if made by the [State Warden] director of the division or any [deputy] conservation officer under salary, be paid into the game protection fund, but if made by a [deputy warden] conservation officer not under salary, or any other officer, the proceeds shall be paid one-half to the officer making [such] the seizure."

SECTION 48. 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 division of the energy, minerals and natural resources department, 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

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] game and fish division shall establish damages recoverable by civil judgment on a game animal, bird or fish designated to be a trophy animal by [commission] division 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 division 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] division.

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 division 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] division."

SECTION 49. Section 17-2-33 NMSA 1978 (being Laws 1971, Chapter 61, Section 2) is amended to read:

"17-2-33. USE OF FIREARMS BY MINORS.--

A. It is unlawful after April 1, 1972 for any person born after January 1, 1958 to hunt with or shoot a firearm, unless the person:

(1) [he] is supervised by a parent, legal guardian or a responsible adult designated by the parent or guardian; [or]

(2) [he] carries a certificate indicating that [he] the person has successfully completed the New Mexico hunter training course or the hunter training course of another state [which] that is approved by the [New Mexico department of] game and fish division of the energy, minerals and natural resources department; or

(3) [he] is eighteen years of age or older.

B. It is unlawful after April 1, 1976 for any person under the age of eighteen years to hunt with or shoot a firearm unless [he] the person is carrying a certificate indicating that [he] the person has successfully completed the New Mexico hunter training course or a hunter training course of another state [which] that is approved by the [New Mexico department of] game and fish division.

C. Any person violating the [pvovisions] provisions of this section is guilty of a petty misdemeanor."

SECTION 50. Section 17-2-34 NMSA 1978 (being Laws 1971, Chapter 61, Section 3) is amended to read:

"17-2-34. HUNTER TRAINING PROGRAM--INSTRUCTOR CERTIFICATION--CERTIFICATE OF COMPETENCY.--

A. The [department of] game and fish division of the energy, minerals and natural resources department shall provide a course of instruction in the safe handling of firearms for individuals interested in obtaining a certificate of competency in the safe handling of firearms. The [department] division may cooperate with the [superintendent] secretary of public [instruction] education or any reputable association or organization as determined by the [department] division and having as one of its objectives the promotion of safety in firearm handling.

B. The [department of] game and fish division shall prescribe the type of instruction and the qualifications of instructors and shall designate annually those persons qualified to give instruction in the safe handling of firearms. Persons designated by the [department of game and fish] division to be instructors are authorized to give the course of instruction in the safe handling of firearms to all interested persons. Upon the completion of the course and certification to the [department] division by the instructor, the [department] division shall cause to be issued, to the person instructed, a certificate of competency in the safe handling of firearms, which shall be valid unless revoked by the [department of game and fish] division for such cause as determined by [regulation] rule of the [department] division to be unsafe handling of a firearm.

C. The [department of] game and fish division shall promulgate rules [and regulations] to implement the provisions of the Hunter Training Act."

SECTION 51. Section 17-2-38 NMSA 1978 (being Laws 1974, Chapter 83, Section 2, as amended) is amended to read:

"17-2-38. DEFINITIONS.--As used in the Wildlife Conservation Act:

[A. "commission" means the state game commission;

B.] A. "director" means the director of the [department of game and fish] division;

B. "division" means the game and fish division of the energy, minerals and natural resources department;

C. "ecosystem" means a system of living organisms and their environment;

D. "endangered species" means any species of fish or wildlife whose prospects of survival or recruitment within the state are in jeopardy due to any of the following factors:

(1) the present or threatened destruction, modification or curtailment of its habitat;

(2) overutilization for scientific, commercial or sporting purposes;

(3) the effect of disease or predation;

(4) other natural or man-made factors affecting its prospects of survival or recruitment within the state; or

(5) any combination of the foregoing factors.

The term may also include any species of fish or wildlife appearing on the United States list of endangered native and foreign fish and wildlife as set forth in Section 4 of the federal Endangered Species Act of 1973 as endangered species, provided that the [commission] division adopts those lists in whole or in part. The term shall not include any species covered by the provisions of 16 U.S.C. 1331 through 1340 (1971) and shall not include any species of the class insecta determined by the director to constitute a pest whose protection under the Wildlife Conservation Act would present an overwhelming and overriding risk to man;

E. "investigation" means a process pursuant to Subsections B through L of Section 17-2-40 NMSA 1978 undertaken whenever the [director] secretary suspects that a species may be threatened or endangered and [which] that consists of a formal review of existing data and studies and may include additional field research to determine whether a species is threatened or endangered;

F. "land or aquatic habitat interests" means interests in real property or water rights consisting of fee simple title, easements in perpetuity, time certain easements, long-term leases and short-term leases;

G. "management" means the collection and application of biological information for the purposes of establishing and maintaining a congruous relationship between individuals within species and populations of wildlife and the carrying capacity of their habitat. The term includes the entire range of activities that constitutes a full scientific resource program [of], including [but not limited to] research, census, law enforcement, propagation, acquisition or maintenance of land or aquatic habitat interests appropriate for recovery of the species; improvement and maintenance, education and related activities; [or] and protection and regulated taking;

H. "recovery plan" means a designated program or methodology reasonably expected to lead to restoration and maintenance of a species and its habitat;

I. "peer review panel" means an advisory panel of scientists, each of whom possesses expertise relevant to the proposed investigation and at least one of whom is a wildlife biologist, convened to review the scientific methodology for collection and analysis of data by a researcher based on commonly accepted scientific peer review;

J. "secretary" means the secretary of energy, minerals and natural resources;

[J.] K. "species" means any species or subspecies;

[K.] L. "substantial public interest" means a nonfrivolous claim indicated by a broad-based expression of public concern;

[L.] M. "take" or "taking" means to harass, hunt, capture or kill any wildlife or attempt to do so;

[M.] N. "threatened species" means any species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range in New Mexico; the term may also include any species of fish or wildlife appearing on the United States list of endangered native and foreign fish and wildlife as set forth in Section 4 of the federal Endangered Species Act of 1973 as threatened species, provided that the [commission] division adopts the list in whole or in part; and

[N.] O. "wildlife" means any nondomestic mammal, bird, reptile, amphibian, fish, mollusk or crustacean or any part, egg or offspring or the dead body or parts thereof."

SECTION 52. Section 17-2-40 NMSA 1978 (being Laws 1974, Chapter 83, Section 4, as amended) is amended to read:

"17-2-40. BIENNIAL REVIEW--INVESTIGATIONS--RECOMMENDATIONS OF THE [DIRECTOR] SECRETARY--PROCEDURES.--

A. The secretary, in consultation with the director, shall conduct a biennial review of all species of wildlife named on the list required by Section 17-2-41 NMSA 1978. The [director] secretary may conduct investigations at any time of those other species of wildlife indigenous to the state that are suspected of being threatened or endangered in order to develop information relating to population, distribution, habitat needs, limiting factors and other biological and ecological data to determine [his] recommendations for listing or not listing a species and management measures and requirements necessary for [their] its survival. The [director] secretary shall also conduct, within a reasonable time, an investigation to support listing or delisting [of] a species based upon new evidence or [with the advice and consent of the commission, based upon] substantial public interest. Upon completion of an investigation [or investigations, he], the secretary shall [make written recommendations to the commission] determine whether to list or not list any unlisted species or to delist any listed species investigated. In conducting any investigation for new listing or delisting required or undertaken pursuant to this subsection, the [director] secretary shall comply with the procedures established in Subsections B through L of this section. Species listed as threatened or endangered on the state list through adoption of the United States list pursuant to Subsections D and M of Section 17-2-38 NMSA 1978 shall not be subject at the time of adoption to the listing procedures established in Subsections B through K of this section.

B. The secretary, in consultation with the director, shall select a researcher to conduct an investigation pursuant to Subsection A of this section and request the appointment of a peer review panel composed of one qualified individual from each of the four-year state universities to be appointed by the presidents of the respective universities. The peer review panel shall be requested to submit comments according to a schedule determined by the [director] secretary. The researcher shall submit [his] the research design to the peer review panel.

C. When additional field research is undertaken as part of an investigation, the peer review panel shall examine the proposed research design for methodology for collection and analysis of data. Upon receipt of the peer review panel's submitted comments, the researcher shall initiate the field research regarding the designated species.

D. To the extent practicable, as part of [his] the researcher's investigation, the researcher shall meet and consult with private landowners, lessees and land and resource managers who are or may be affected by or have information pertinent to the investigation.

E. When the researcher initiates [his] the investigation, the [director] secretary shall:

(1) create a public repository file in which copies of all documents filed with the [director] secretary pertaining to the investigation or a potential recovery plan, to be developed pursuant to Section 17-2-40.1 NMSA 1978, including all peer review comments, shall be maintained;

(2) mail a notice of the initiation of the investigation to federal and state agencies, local and tribal governments that are or may be affected by the results of the investigation and individuals and organizations that have requested notification of [department] division actions regarding threatened or endangered species;

(3) notify the general public of the initiation of the investigation by information releases to the media in the area of the state affected;

(4) indicate, in all notices and information releases, where and until what date information may be submitted for inclusion in the public repository file;

(5) accept data, views or information about the biological or ecological status of the species for use in both the investigation and the development of the potential recovery plan; and

(6) accept data, views and information on the potential economic or social impacts or opportunities of a change in the legal status of the species for inclusion in the recovery plan.

F. The [director] secretary shall file all written comments, data, views and information furnished pursuant to Subsection [D] E of this section in the public repository file and shall preserve that file for use in connection with the listing process and development of any recovery plan developed pursuant to the provisions of Section 17-2-40.1 NMSA 1978. The [director] secretary shall file in the public repository file all records indicating contact by the director, the researcher, employees or contractors with landowners or public or private resource managers affected by the potential action.

G. Information from the public repository file relating to social and economic impacts shall not be considered by the [director] secretary in making [his recommendation or the commission in making its] a decision to list, delist, not list, continue to list, upgrade or downgrade a species, but shall be considered only in the development of any recovery plan for the species.

H. The [commission] division shall [adopt, notwithstanding the provisions of Section 14-2-1 NMSA 1978, regulations by January 1, 1996] promulgate rules governing the confidentiality of data from an investigation.

I. The researcher shall prepare and submit draft reports to the peer review panel and to the public repository file. The peer review panel will be requested to examine and comment on the draft report in a timely manner.

J. After consideration of the peer review panel's submitted comments on the draft reports, the researcher shall prepare final reports and file them and all peer review panel comments with the [director] secretary and in the public repository file. The peer review panel shall not be compelled to attend any hearing before the [commission] division.

K. Upon receipt of the researcher's final reports, the [director] secretary shall [make recommendations to the commission to list, not list or delist the species based upon criteria listed in Subsection L of this section. The commission shall] establish dates and locations for public hearings on the recommended actions and give notice of the public hearings in the same manner and to the same persons as notice was given of the initiation of the investigation and, in addition, publish legal notice in a newspaper of general circulation in the area affected at least ninety days before the date set for the hearing. Public hearings shall be held at a place within any quadrant of the state affected by the recommended actions when the [director] secretary determines that there is substantial public interest indicated in holding a hearing in that quadrant. All hearings on the recommended actions shall be held within six months of the date the [director makes his recommendations] researcher files the final report with the secretary. The notice shall:

(1) include the date, time and location of all hearings on the matter;

(2) include a statement of the recommended action;

(3) include an indication of the location and availability of the public repository file;

(4) indicate where and by what date written comments and testimony to be included in the hearing record may be filed;

(5) indicate that views, data and comments pertaining to the final report may be presented orally at or in writing to the hearing;

(6) specify that notice of intent to present technical and scientific testimony and a written copy of the testimony to be presented shall be submitted to the [commission] secretary not less than thirty days prior to the initial hearing; and

(7) specify that the public record shall remain open for comments for thirty days after the date of the final hearing.

L. The [commission] secretary shall make [its decisions] a decision and take action based upon relevant and reliable evidence to list, not list or delist a species [at its next regularly scheduled meeting within] no more than thirty days after the close of the hearing record. The [commission] secretary shall:

(1) list or maintain a species as endangered and shall not delist a species if [it] the secretary finds that the species' prospects for survival or recruitment within the state are in jeopardy based upon the biological and ecological evidence in the public repository file and based upon biological and ecological evidence received in the public hearings; and

(2) list or maintain a species as threatened and shall not delist a species if [it] the secretary finds that the species' prospects for survival or recruitment within the state are likely within the foreseeable future to be in jeopardy based upon the biological and ecological evidence in the public repository file and biological and ecological evidence received in public hearings.

M. Whenever the [director] secretary finds that there is an emergency posing a significant risk to the well-being of any species and that risk is likely to jeopardize the continued survival or recruitment of the species within the state, the [director] secretary shall [recommend to the commission that the species should be listed as endangered. The commission shall act upon the director's recommendation] immediately [and shall] either list or not list the species by [regulation] rule based upon the evidence supporting the recommendation if [it] the secretary finds that the continued survival of the species is in jeopardy. If the [commission] secretary lists the species as endangered, [it shall waive] the requirements of Subsections A through L of this section shall be waived. Whenever the [commission] secretary adopts a [regulation] rule listing a species as endangered pursuant to this subsection, it shall give notice of the listing in the same manner and to the same persons as notice is given in the initiation of investigations and in addition shall publish legal notice in a newspaper of general circulation in the area affected. The emergency listing shall cease to have force and effect at the close of a three-year period following the date of the finding unless, during the three-year period, the procedures for listing pursuant to Subsections B through L of this section or continuing to list pursuant to [commission regulations] rules for the biennial review are completed."

SECTION 53. Section 17-2-40.1 NMSA 1978 (being Laws 1995, Chapter 145, Section 5) is amended to read:

"17-2-40.1. RECOVERY PLANS--PROCEDURES.--

A. To the extent practicable, a recovery plan shall be developed pursuant to Subsections B through G of this section for any species listed as threatened or endangered. If indicated, the director shall conduct a social and economic analysis and, if adverse impacts are found, develop a social or economic mitigation plan.

B. To the extent practicable, the director shall develop recovery plans that include several threatened or endangered species that utilize similar habitats or share a common threat or both. A multiple-species recovery plan shall be designed to accomplish recovery of the shared habitat or reduce a common threat or both.

C. As the initial action in the development of a recovery plan, the director shall, within one year of listing, schedule a public information meeting in each of the quadrants of the state determined by the director to be affected by the development of a recovery plan. These meetings shall be held in a manner calculated to provide a reasonable opportunity for individuals and private and public entities to participate and express their views about the development of a recovery plan for one or more species and the attendant adverse social or economic impacts, if any, that may result from implementation of a recovery plan. At these meetings, the director shall present background information about the basis of the listing, an explanation of the process to develop a recovery plan and the probable content in general terms, if known, of the recovery plan and if needed, the process to develop a social and economic mitigation plan.

D. Upon completion of the public information [meeting or] meetings on a recovery plan, the director shall consult and cooperate with other states or countries when appropriate and shall solicit interest from representatives of affected local governments, tribal governments, landowners, state and federal agencies and other interested individuals and organizations to serve on an advisory committee. [He] The director shall appoint to the advisory committee all of those who are willing to participate in the development of the recovery plan. When necessary, [he] the director may appoint from the membership of the advisory committee a working group reflecting the diversity of the advisory committee.

E. With the assistance of the advisory committee, the director shall develop a draft recovery plan to achieve the following objectives:

(1) restoration and maintenance of a viable population of the threatened or endangered species and its habitat reasonably expected to lead to the delisting of the species;

(2) avoidance or mitigation of adverse social or economic impacts;

(3) identification of social or economic benefits and opportunities; and

(4) use of volunteer resources and existing economic recovery and assistance programs and funding available from public and private sources to implement the plan.

F. The director shall mail the draft recovery plan to federal and state agencies, local and tribal governments that are or may be affected by the recovery plan and individuals and organizations that have requested notification of [department] division actions regarding threatened or endangered species.

G. [The final recovery plan shall be presented to the commission for its consideration not later than two years from the date the species was listed.] If, after receiving comment from the entities listed in Subsection F of this section, the [commission] director determines that the proposed plan has achieved the objectives set forth in Subsection E of this section, [it] the director shall approve the recovery plan or approve with conditions. After approval of the plan, the director shall seek cooperation with other states and countries, when appropriate, and landowners, state and federal agencies and local and tribal governments for implementation of the recovery plan and when appropriate submit the recovery plan to the secretary of the interior for approval pursuant to the federal Endangered Species Act of 1973."

SECTION 54. Section 17-2-41 NMSA 1978 (being Laws 1974, Chapter 83, Section 5, as amended) is amended to read:

"17-2-41. ENDANGERED SPECIES.--

A. On the basis of investigations concerning wildlife, other available scientific and commercial data and after consultation with wildlife agencies in other states, appropriate federal agencies, local and tribal governments and other interested persons and organizations, the [commission] division shall by [regulation] rule develop a list of those species of wildlife indigenous to the state that are determined to be threatened or endangered within the state, giving their common and scientific names by species and subspecies.

B. The director shall conduct a review of the state list of threatened or endangered species [and shall present] biennially to [the commission his recommendations for appropriate] determine what action [The commission shall act on the director's biennial recommendations at its next regularly scheduled meeting. The commission shall adopt, no later than January 1, 1996, regulations providing procedures for commission actions on the director's recommendations to continue to list or to upgrade or downgrade a species] to take relating to the upgrade or downgrade of a species.

C. Except as otherwise provided in the Wildlife Conservation Act, it is unlawful for any person to take, possess, transport, export, process, sell or offer for sale or ship any species of wildlife appearing on any of the following lists:

(1) the list of wildlife indigenous to the state determined to be endangered within the state as set forth by [regulations] rules of the [commission] division; and

(2) the United States lists of endangered native and foreign fish and wildlife as set forth in Section 4 of the federal Endangered Species Act of 1973 as endangered or threatened species, but only to the extent that those lists are adopted for this purpose by [regulations] rules of the [commission] division; provided that any species of wildlife appearing on any of the lists set forth in this subsection, transported into the state from another state or from a point outside the territorial limits of the United States and [which] that is destined for a point beyond the state, may be transported across the state without restriction in accordance with the terms of any federal permit or permit issued under the laws or [regulations] rules of another state or otherwise in accordance with the laws of another state.

D. The provisions of Subsection C of this section shall not apply to a taking of wildlife by a Native American for religious purposes, unless it materially and negatively affects an endangered species or threatened species."

SECTION 55. Section 17-2-42 NMSA 1978 (being Laws 1974, Chapter 83, Section 6) is amended to read:

"17-2-42. MANAGEMENT PROGRAMS.--

A. The director shall establish such programs, including programs for research and the acquisition of land or aquatic habitat, as authorized and deemed necessary [by the commission] for the management of endangered species.

B. In carrying out programs authorized by the Wildlife Conservation Act, the director may enter into agreements with federal agencies, political subdivisions of the state or with private persons for administration and management of any program established under this section or utilized for management of endangered species.

C. The director may authorize by permit the taking, possession, transportation, exportation or shipment of species or subspecies [which] that have been deemed [by the commission] to be in need of management as provided in the Wildlife Conservation Act, so long as such use is for scientific, zoological or educational purposes, for propagation in captivity of such wildlife or to protect private property.

D. Endangered species may be removed, captured or destroyed where necessary to alleviate or prevent damage to property or to protect human health. Such removal, capture or destruction may be carried out only by prior authorization by permit from the director, unless otherwise provided by law; provided that endangered species may be removed, captured or destroyed without permit by any person in emergency situations involving an immediate threat to human life or private property. [Regulations] Rules governing the removal, capture or destruction of endangered species shall be [adopted] promulgated by the [commission within one year after the effective date of the Wildlife Conservation Act] division."

SECTION 56. Section 17-2-43 NMSA 1978 (being Laws 1974, Chapter 83, Section 7) is amended to read:

"17-2-43. [COMMISSION] DIVISION--POWER TO REGULATE.--The [commission] division is authorized and directed to establish such [regulations] rules as it may deem necessary to carry out all the provisions and purposes of the Wildlife Conservation Act."

SECTION 57. Section 17-2-43.1 NMSA 1978 (being Laws 1995, Chapter 145, Section 8, as amended) is amended to read:

"17-2-43.1. JUDICIAL REVIEW--ADMINISTRATIVE ACTIONS.--

A. Any person adversely affected by an order of the [commission] division or secretary may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.

B. Any person adversely affected by a [regulation] rule adopted by the [commission] division or secretary may appeal to the court of appeals. All appeals shall be upon the record made at the hearing or contained in the public repository file and shall be taken to the court of appeals within thirty days following the date of the filing of the [regulation] rule by the [commission] division pursuant to the provisions of the State Rules Act.

C. Upon appeal, the court of appeals shall set aside the [regulation] rule only if it is found to be:

(1) arbitrary, capricious or an abuse of discretion;

(2) not supported by substantial evidence in the record; or

(3) otherwise not in accordance with law.

D. After a hearing and a showing of good cause by the appellant, a stay of the [regulation] rule being appealed may be granted:

(1) by the [commission] division; or

(2) by the court of appeals if the [commission] division denies a stay or fails to act upon an application for a stay within sixty days after receipt of the application.

E. The appellant shall pay all costs for any appeal found to be frivolous by the court of appeals."

SECTION 58. Section 17-2A-2 NMSA 1978 (being Laws 1996, Chapter 89, Section 4) is amended to read:

"17-2A-2. STATEWIDE SYSTEM FOR HUNTING ACTIVITIES.--The [state game commission] game and fish division of the energy, minerals and natural resources department shall develop a statewide system for hunting activities that increases participation by New Mexico residents and considers hunter safety, quality hunts, high demand areas, guides and outfitters, quotas and local and financial interests."

SECTION 59. Section 17-3-7 NMSA 1978 (being Laws 1912, Chapter 85, Section 48, as amended) is amended to read:

"17-3-7. BLANK FORMS--LICENSE ISSUED ONLY ON

APPLICATION--FALSE STATEMENT VOIDS LICENSE--RECORDS--REPORTS--ACCOUNTING FOR FEES COLLECTED--REFUND OF FEES--TRANSFER OF HUNTING LICENSE.--

A. The director of the [department of] game and fish division of the energy, minerals and natural resources department shall prescribe and procure the printing of all forms and blanks that may be required to carry out the intent of Chapter 17 NMSA 1978. All necessary blanks shall be furnished by the director to the license collectors. No license shall be issued except as provided in Section 17-3-5 NMSA 1978. Any false statement in any application shall render the license issued void.

B. A license collector shall keep a correct and complete record of licenses issued, which record shall remain in the license collector's office and be open to inspection by the public at all times.

C. A license collector may collect and retain a vendor fee for each license or permit issued; provided the fee shall be just and reasonable, as determined by [regulation] rule of the [state game commission] game and fish division, and shall not exceed one dollar ($1.00) for each license or permit issued; and provided further that no such fee shall be collected by the [department of game and fish] division from the purchaser of a special license. "Special license" includes those licenses for the following species: antelope, elk, Barbary sheep, bighorn sheep, bison, oryx, ibex, gazelle and javelina.

D. A license collector shall remit to the director of the [department of] game and fish division the statutory fee of all licenses and permits sold on or before the tenth day of the month following and shall by the same time report the number and kind of licenses issued.

E. Except as provided in Section 17-1-14 NMSA 1978, the director of the [department of] game and fish division shall turn over all money so received to the state treasurer to be credited to the game protection fund.

F. The director of the [department of] game and fish division, in the director's sole discretion, may authorize a refund of the amount of a hunting license fee from the game and fish suspense fund if:

(1) upon written application by the licensee, prior to the time of the hunt for which the license has been issued, the director finds that:

(a) the licensee has a disability, due to a verified injury or life-threatening illness, that prohibits the licensee from hunting during the period that the license is valid; or

(b) the licensee has been deployed by the military and the deployment prevents the licensee from traveling to the hunt during the period that the license is valid; or

(2) upon written application by a personal representative of a licensee's estate, the director finds that the licensee died prior to the time of the hunt for which the license was issued.

G. The director of the [department of] game and fish division, in the director's sole discretion, may authorize a transfer of a hunting license:

(1) to the licensee's designee if, upon written application by the licensee, prior to the time of the hunt for which the license has been issued, the director finds that:

(a) the licensee has a disability, due to a verified injury or life-threatening illness, that prohibits the licensee from hunting during the period that the license is valid; or

(b) the licensee has been deployed by the military and the deployment prevents the licensee from traveling to the hunt during the period that the license is valid;

(2) to the designee of the licensee's estate if, upon written application by the personal representative of the licensee's estate, the director finds that the licensee died prior to the time of the hunt for which the license was issued; or

(3) upon written application by a licensee, to a nonprofit organization approved by the [state game commission] division.

H. The [state game commission] game and fish division may prescribe, by rule, the documentation necessary for a finding pursuant to Subsection F or G of this section."

SECTION 60. Section 17-3-12 NMSA 1978 (being Laws 1959, Chapter 144, Section 6) is amended to read:

"17-3-12. ACCOUNTING FOR LICENSES.--When a license vendor is unable to account for hunting and fishing licenses issued to [him] the license vendor, the [state game commission] game and fish division of the energy, minerals and natural resources department shall determine the extent of liability of the vendor, and the decision of the [commission] division shall be final."

SECTION 61. Section 17-3-13.5 NMSA 1978 (being Laws 2003, Chapter 290, Section 1) is amended to read:

"17-3-13.5. ELK LICENSES RESERVED.--The [state game commission] game and fish division of the energy, minerals and natural resources department shall reserve no more than two elk licenses a year for sale to persons under the age of twenty-one who have been determined by a licensed physician to have a life-threatening illness and who have been qualified through a nonprofit wish-granting organization approved by the [commission] division."

SECTION 62. Section 17-3-14.1 NMSA 1978 (being Laws 1989, Chapter 86, Section 1) is amended to read:

"17-3-14.1. LANDOWNER PERMITS FOR ELK.--The director of the [department of] game and fish division of the energy, minerals and natural resources department shall issue landowner permits for the lawful taking of elk in accordance with [regulations] rules of the [state game commission] division."

SECTION 63. Section 17-3-14.2 NMSA 1978 (being Laws 1998, Chapter 12, Section 1) is amended to read:

"17-3-14.2. LANDOWNER PERMITS--MANAGEMENT OF CERTAIN BIG GAME SPECIES.--The director of the [department of] game and fish division of the energy, minerals and natural resources department may issue landowner permits for the lawful taking of elk, antelope, oryx and deer. The permits may be issued when, in the determination of the director, they are necessary to effectively reduce conflicts between humans and wildlife and provide sport-hunting opportunities in accordance with [regulations] rules of the [state game commission] division."

SECTION 64. Section 17-3-15 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 17, Section 6, as amended) is amended to read:

"17-3-15. ADDITIONAL DEER LICENSE.--

A. It is a misdemeanor for any person to procure or use more than one license to hunt big game in one year, except as provided in this section, or to use any tag after it has been used once.

B. For the purpose of effectuating better game management and control, the [state game commission] game and fish division of the energy, minerals and natural resources department may by [regulation] rule authorize the sale of not more than one additional deer license each year to any person holding a license that entitled the person to hunt deer during that year. The fee for an additional deer license shall be the resident or nonresident deer license fee pursuant to Section 17-3-13 NMSA 1978.

C. It is a misdemeanor for any person to take or attempt to take a deer with an additional deer license unless the person has the additional deer license and the other license that entitled the person to hunt deer for that year in the person's possession. Possession of an additional deer license without the other license that entitled the person to hunt deer for that year is prima facie evidence of violation of this section."

SECTION 65. Section 17-3-16.1 NMSA 1978 (being Laws 1989, Chapter 384, Section 1, as amended) is amended to read:

"17-3-16.1. BIGHORN SHEEP ENHANCEMENT PERMITS--ISSUANCE--USE.--

A. The [state game commission shall direct the department of] game and fish [to] division of the energy, minerals and natural resources department shall authorize not more than two of the permits available for issuance in the license year for the taking of two bighorn rams for the purpose of raising funds for programs and projects to benefit bighorn sheep.

B. The [state game commission] game and fish division shall prescribe by [regulation] rule the form, design and manner of issuance of the bighorn sheep enhancement permits. The issuance of one permit shall be subject to auction by the [department] division or by an incorporated nonprofit organization dedicated to conservation of wildlife, as determined by the [commission] division and shall be sold to the highest bidder. The issuance of the other permit shall be subject to a lottery by the [department] division, or by an incorporated nonprofit organization dedicated to conservation of wildlife, as determined by the [commission] division.

C. All money collected from the issuance and sale of the bighorn sheep enhancement permits shall be credited to the game protection fund to be used exclusively for bighorn sheep preservation, restoration and management."

SECTION 66. Section 17-3-16.2 NMSA 1978 (being Laws 1999, Chapter 69, Section 1) is amended to read:

"17-3-16.2. ELK ENHANCEMENT PERMIT--ISSUANCE--USE.--

A. The [state game commission shall direct the department of] game and fish [to] division of the energy, minerals and natural resources department shall authorize two elk enhancement permits each license year for the taking of two elk bulls to raise funds for programs and projects to better manage elk.

B. The [state game commission] game and fish division shall prescribe by rule the form, design and manner of issuance of the two elk enhancement permits. The issuance of one permit shall be subject to auction by the [department] division or by an incorporated nonprofit organization dedicated to conservation of wildlife, as determined by the [commission] division, and shall be sold to the highest bidder. The issuance of the other permit shall be subject to a lottery by the [department] division or by an incorporated nonprofit organization dedicated to conservation of wildlife, as determined by the [commission] division.

C. All money collected from the issuance and sale of the elk enhancement permits shall be credited to the game protection fund to be used exclusively for elk restoration and management."

SECTION 67. Section 17-3-16.3 NMSA 1978 (being Laws 2003, Chapter 69, Section 1) is amended to read:

"17-3-16.3. LIEUTENANT GOVERNOR'S DEER ENHANCEMENT PERMITS--ISSUANCE--USE.--

A. The [state game commission shall direct the department of] game and fish [to] division of the energy, minerals and natural resources department shall authorize two deer enhancement permits each license year for the taking of two deer to raise funds for programs and projects to better manage deer.

B. The [state game commission] game and fish division shall prescribe by rule the form, design and manner of issuance of the two deer enhancement permits. The issuance of one permit shall be subject to auction by the [department] division or by an incorporated nonprofit organization dedicated to conservation of wildlife, as determined by the [commission] division, and shall be sold to the highest bidder. The issuance of the other permit shall be subject to a lottery by the [department] division or by an incorporated nonprofit organization dedicated to conservation of wildlife, as determined by the [commission] division.

C. All money collected from the issuance and sale of the lieutenant governor's deer enhancement permits shall be credited to the game protection fund to be used exclusively for deer restoration and management."

SECTION 68. Section 17-3-16.4 NMSA 1978 (being Laws 2005, Chapter 149, Section 1) is amended to read:

"17-3-16.4. GOULD'S TURKEY ENHANCEMENT PERMITS--ISSUANCE--USE.--

A. The [state game commission may direct the department of] game and fish [to] division of the energy, minerals and natural resources department may authorize Gould's turkey enhancement permits for the taking of Gould's turkeys, Meleagris gallopavo mexicana, to raise funds for programs and projects to better manage the Gould's turkey population in New Mexico.

B. The [state game commission] game and fish division shall prescribe by rule the form, design and manner of issuance of the Gould's turkey enhancement permits. The issuance of the permits shall be subject to a lottery or auction. Such allotment of the permits may be conducted by an incorporated nonprofit organization dedicated to conservation of wildlife, in cooperation with and overseen by the [commission and the department of game and fish] division.

C. The [state game commission] game and fish division shall [direct the department of game and fish to] authorize Gould's turkey enhancement permits only after the [department] division has documented that the issuance of each enhancement permit will not jeopardize the prospects for the survival and recruitment of the Gould's turkey within New Mexico.

D. Gould's turkey enhancement permits shall be authorized only when doing so does not conflict with the Wildlife Conservation Act or any rules implementing that act.

E. Money collected from the issuance and sale of the Gould's turkey enhancement permits shall be credited to the game protection fund to be used exclusively for the restoration and management of Gould's turkeys and Gould's turkey habitats, which support a variety of other unique and rare wildlife of southwestern New Mexico."

SECTION 69. Section 17-3-16.5 NMSA 1978 (being Laws 2007, Chapter 105, Section 1) is amended to read:

"17-3-16.5. HUNTING AND FISHING AUTHORIZATIONS--GOVERNOR'S SPECIAL EVENTS.--The director of the [department of] game and fish division of the energy, minerals and natural resources department may annually make available to the governor no more than twelve big game special authorizations and twelve game bird or trophy fish special authorizations. The authorizations shall be allocated by auction in conjunction with special events called by the governor to raise money for fish and wildlife conservation. Any auction used to allocate an authorization shall comply with rules adopted by the [state game commission] division. Each authorization shall allow the holder to purchase a license to hunt or fish for the species indicated on the authorization during dates and times at locations specified by the [state game commission] division. The director may designate the species allowable for each authorization, but no more than three authorizations shall be issued for any one species each year. Money collected pursuant to the special authorizations of the governor shall be deposited in the game protection fund."

SECTION 70. Section 17-3-16.6 NMSA 1978 (being Laws 2007, Chapter 243, Section 1) is amended to read:

"17-3-16.6. ENHANCEMENT AUTHORIZATION PACKAGES--HABITAT ENHANCEMENT.--The [state game commission] game and fish division of the energy, minerals and natural resources department shall adopt rules [for the department of game and fish] to issue enhancement authorization packages each license year for the taking of one each of elk, deer, oryx, ibex and pronghorn antelope. Each enhancement authorization package shall be auctioned by the [department of game and fish] division or by an incorporated nonprofit organization dedicated to the conservation of wildlife and sold to the highest bidder. Money collected from the enhancement authorization packages shall be deposited in the game protection fund and shall be used exclusively for big game habitat enhancement, conservation and protection."

SECTION 71. Section 17-3-17 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 17, Section 8, as amended) is amended to read:

"17-3-17. FISHING WITHOUT LICENSE--EXCEPTIONS.--

A. It is a misdemeanor for any person, except children who have not reached their twelfth birthday, to take or attempt to take any game fish from any public stream or water in this state without [having on his person] carrying a proper fishing license as provided by law. The presence of any person, except children who have not reached their twelfth birthday, along any public stream or water in this state with fishing rod, hook or line, without [having on his person] carrying a proper fishing license, is prima facie evidence of the violation of this section. The director of the [department of] game and fish division of the energy, minerals and natural resources department or any conservation officer may require any person along any public stream or water in this state with fishing rod, hook or line to exhibit [his] the person's license.

B. The director [with the approval of the state game commission] of the game and fish division may designate no more than two nonconsecutive Saturdays in each year as free fishing days. During the free fishing days, residents and nonresidents may exercise the privileges of holders of proper fishing licenses without having proper fishing licenses and without payment of any license fees, subject to all limitations, restrictions, conditions, laws and rules [and regulations] applicable to holders of proper fishing licenses."

SECTION 72. Section 17-3-21 NMSA 1978 (being Laws 1949, Chapter 149, Section 3) is amended to read:

"17-3-21. FISHING LAWS APPLICABLE TO SPECIAL LICENSEES.--All fishing under the privileges granted to the holders of [such] special licenses issued pursuant to Section 17-3-19 NMSA 1978 shall be in accordance with the seasons and bag limits and other [regulations] rules established by the [state game commission] game and fish division of the energy, minerals and natural resources department."

SECTION 73. Section 17-3-24 NMSA 1978 (being Laws 1951, Chapter 60, Section 2) is amended to read:

"17-3-24. FISHING SUPERVISION AT BOYS' SCHOOL.--[Provided however, that such] Fishing by [said wards] resident children as provided by Section [1 of this act] 17-3-23 NMSA 1978 shall be done under the supervision of the officials of [said] the New Mexico [Industrial] boys' school and in conformity with seasons and bag limits established by the [state game commission] game and fish division of the energy, minerals and natural resources department."

SECTION 74. Section 17-3-26 NMSA 1978 (being Laws 1939, Chapter 27, Section 1, as amended) is amended to read:

"17-3-26. TAKING MINNOWS AND NONGAME FISH TO SELL AS BAIT--LICENSE REQUIRED--EXCEPTION.--It is unlawful for any person, except children under the age of twelve years, to take from the streams or public waters of this state minnows and nongame fish for the purpose of sale to fishermen or others for bait without having first procured from the [state game commission] game and fish division of the energy, minerals and natural resources department a license therefor as provided in Sections 17-3-26 through 17-3-28 NMSA 1978."

SECTION 75. Section 17-3-27 NMSA 1978 (being Laws 1939, Chapter 27, Section 2, as amended) is amended to read:

"17-3-27. BAIT LICENSE--BOND--FEE--ISSUANCE.--Any person desiring to procure a license for the purpose of engaging in the business of selling minnows and nongame fish for bait or taking minnows and nongame fish from the streams of this state for the purpose of sale to others shall apply to the [state game commission] game and fish division of the energy, minerals and natural resources department for a license. The application shall be upon forms provided by the [commission] division and shall set forth the public streams or waters out of which the applicant intends to take the minnows and nongame fish and the place at which they are to be sold. The application shall be accompanied by a just and reasonable fee as determined by [regulation] rule of the [state game commission] division. Upon receipt of the application, it [shall be] is the duty of the [state game commission or, when it is not in session, the] director of the [department of game and fish] division to pass upon the application and to issue a license authorizing the taking and the manner of taking of the minnows and nongame fish by the applicant from those waters in the state as in the opinion of the [state game commission or] director will not be detrimental to the public or injurious to protected fish. The license when so issued shall specify the manner of taking and the waters from which the applicant is permitted to take minnows and nongame fish for sale for bait."

SECTION 76. Section 17-3-28 NMSA 1978 (being Laws 1939, Chapter 27, Section 3) is amended to read:

"17-3-28. EXCEPTIONS--PROHIBITIONS.--Nothing in [this act] Sections 17-3-26 through 17-3-28 NMSA 1978 shall be construed to prevent licensed fishermen from taking minnows and other nongame fish for [his] their own use for bait or to prevent any minor under fifteen [(15)] years of age from taking minnows not for resale; provided, however, that it shall be unlawful for licensed fishermen or any other person using nongame fish for bait to place any of [such] the nongame fish [which] that are not used for bait in any waters stocked or reserved for game fish by the [state game commission of the state of New Mexico] game and fish division of the energy, minerals and natural resources department."

SECTION 77. Section 17-3-29 NMSA 1978 (being Laws 1912, Chapter 85, Section 42, as amended) is amended to read:

"17-3-29. PERMIT TO TAKE GAME, BIRDS OR FISH AS SPECIMENS OR FOR SCIENTIFIC OR PROPAGATING PURPOSES--ELIGIBILITY--ISSUANCE--CONTENTS--NONASSIGNABLE–SALE FOR FOOD PURPOSES PROHIBITED.--The [state] director of the game and fish division of the energy, minerals and natural resources department may issue permits to any person to take, capture, kill or transport within or out of the state any game, birds or fish mentioned in [this] Chapter 17 NMSA 1978 at any time when satisfied that [such] the person desires the [same] game, birds or fish exclusively as specimens or for scientific or propagating purposes. [Such] The permit shall be in writing and shall state the kind and number to be taken and the manner of taking, the name of the person to whom issued, the name of the place to which the [same is] game, birds or fish are to be transported and the name of the persons shipping [such] the game, birds or fish, and shall be signed by [him. Such] the person. The permit shall not be transferable, nor shall it be lawful to sell or barter any of the [animals] game, birds or fish taken or exported under [such] the permit for food purposes, and the holder [such] of the permit shall be liable to the penalties provided in [this] Chapter 17 NMSA 1978 if [he] the person violates any of its provisions."

SECTION 78. Section 17-3-30 NMSA 1978 (being Laws 1912, Chapter 85, Section 43, as amended) is amended to read:

"17-3-30. GAME AND FISH [WARDEN MAY TRANSMIT SPECIMENS] FURNISHED TO OTHER STATES.--[SEC. 43.] The [State Warden] director of the game and fish division of the energy, minerals and natural resources department may, upon application from the game and fish warden or corresponding officer of any other state, procure and transmit to [such] that officer alive specimens of the game animals, birds and fish of this state to be used for scientific or propagating purposes."

SECTION 79. Section 17-3-34 NMSA 1978 (being Laws 1912, Chapter 85, Section 35, as amended) is amended to read:

"17-3-34. REVOCATION OF LICENSE, CERTIFICATE OR PERMIT FOR VIOLATION OF LAW--NOTICE AND HEARING--JUDICIAL REVIEW.--

A. If the holder of [any] a license, certificate or permit persistently, flagrantly or knowingly violates or countenances the violation of any of the provisions of Chapter 17 NMSA 1978 or of any [regulations] rules referred to in Section 17-2-10 NMSA 1978, the license, certificate or permit shall be revoked by the [state game commission] game and fish division of the energy, minerals and natural resources department after reasonable notice given the accused of the alleged violation and after the accused is afforded an opportunity to appear and show cause against the charges.

B. At the hearing, the [state game commission] game and fish division shall cause a record of the hearing to be made and shall allow the person charged to examine witnesses testifying at the hearing. [Any] A person whose license, certificate or permit has been revoked by the [commission] division may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978."

SECTION 80. Section 17-3-35 NMSA 1978 (being Laws 1957, Chapter 194, Section 1) is amended to read:

"17-3-35. SHORT TITLE.--[This act] Sections 17-3-35 through 17-3-42 NMSA 1978 may be cited as the "Regulated Shooting Preserve Act"."

SECTION 81. Section 17-3-36 NMSA 1978 (being Laws 1957, Chapter 194, Section 2, as amended) is amended to read:

"17-3-36. REGULATED SHOOTING PRESERVES--FEES.--The [state game commission] game and fish division of the energy, minerals and natural resources department may issue licenses authorizing the establishment and operation of regulated propagated game bird shooting preserves on private lands when in the judgment of the [commission] division such areas will not conflict with any reasonable prior interest. The [commission] division shall govern and prescribe by [regulation] rule the following:

A. the minimum and maximum size of the areas, including the type of fences and signs;

B. the method of hunting;

C. the open and closed seasons, which need not conform to the regular hunting seasons;

D. the releasing, possession and use of legally propagated pen-raised game birds on the preserves; and

E. the fee for the licenses, which shall be just and reasonable."

SECTION 82. Section 17-3-38 NMSA 1978 (being Laws 1957, Chapter 194, Section 4) is amended to read:

"17-3-38. TAGS.--All game birds taken from preserves shall be tagged, with tags to be furnished by the [commission] game and fish division of the energy, minerals and natural resources department at a reasonable fee, before being transported."

SECTION 83. Section 17-3-39 NMSA 1978 (being Laws 1957, Chapter 194, Section 5) is amended to read:

"17-3-39. SPECIAL NONRESIDENT LICENSES.--The [commission] game and fish division of the energy, minerals and natural resources department may issue special nonresident bird licenses to nonresidents to hunt on regulated shooting preserves with the owner's consent for legally propagated game birds upon the payment of a license fee of five dollars [and] twenty-five cents ($5.25). The license must be carried on the person at all times when hunting on private shooting preserves.

Five dollars ($5.00) of the special nonresident bird license fee is to be paid to the [state game and fish department] division. Twenty-five cents ($.25) of the fee is to be retained by the issuing agent."

SECTION 84. Section 17-3-42 NMSA 1978 (being Laws 1957, Chapter 194, Section 8) is amended to read:

"17-3-42. REVOCATION OF PERMITS.--Any permit issued under the [Private] Regulated Shooting Preserve Act may be revoked for a violation of any provision or any [regulation] rule made by the [commission] game and fish division of the energy, minerals and natural resources department relating to [the] that act."

SECTION 85. Section 17-3-49 NMSA 1978 (being Laws 2006, Chapter 86, Section 1) to read:

"17-3-49. COMPUTER-ASSISTED REMOTE HUNTING PROHIBITED--PENALTIES.--

A. A person shall not:

(1) engage in computer-assisted remote hunting;

(2) provide or operate facilities for the purpose of computer-assisted remote hunting;

(3) create, maintain, provide, advertise or sell computer software or an internet web site for the purpose of computer-assisted remote hunting; or

(4) entice, possess or confine an animal or bird for the purpose of computer-assisted remote hunting.

B. A person who violates the provisions of this section shall be sentenced in accordance with the provisions of Section 17-2-10 NMSA 1978.

C. When a person who violates the provisions of this section possesses a license, certificate or permit issued by the [state game commission] game and fish division of the energy, minerals and natural resources department, the license, certificate or permit shall be subject to revocation by the [commission] division pursuant to Sections 17-1-14 and 17-3-34 NMSA 1978.

D. As used in this section:

(1) "computer-assisted remote hunting" means the use of a computer or other electronic device, equipment or software to access the internet and remotely control the aiming and discharge of a bow, crossbow or firearm of any kind for the purpose of hunting, taking or capturing an animal or bird; and

(2) "facilities for computer-assisted remote hunting" means the real property and improvements on the property associated with computer-assisted remote hunting, including hunting blinds, offices and rooms equipped to facilitate computer-assisted remote hunting."

SECTION 86. Section 17-4-1 NMSA 1978 (being Laws 1939, Chapter 223, Section 1, as amended) is amended to read:

"17-4-1. POWER TO ACQUIRE LAND.--The [state game commission of the state of New Mexico] game and fish division of the energy, minerals and natural resources department is [hereby] authorized and empowered to acquire by purchase, gift, bequest or lease, and to hold, develop and improve, lands for fish hatcheries, game farms, game refuges, bird refuges, resting and nesting grounds, field stations, dams, lakes, ditches, flumes, waterways, pipelines, canals, rights of way, trails, roads and for all purposes incidental to the propagation, preservation, protection and management of the game, birds, fish and wildlife of the state [of New Mexico]."

SECTION 87. Section 17-4-2 NMSA 1978 (being Laws 1939, Chapter 223, Section 2, as amended) is amended to read:

"17-4-2. EMINENT DOMAIN POWER--ABANDONMENT OR RELINQUISHMENT OF PROPERTY ACQUIRED.--Any property or rights of way required for use by the [state game commission] game and fish division of the energy, minerals and natural resources department may be acquired as for a public purpose and as a matter of public necessity under the power of eminent domain, by and with the written approval of the board of county commissioners of the county in which the property or rights of way sought are located, in an action instituted and prosecuted in the name of the state, according to the procedure for condemnation provided by the Eminent Domain Code; provided, nevertheless, that any property right acquired under the provisions of this section, if and when the use for which it was acquired has been abandoned for three years or otherwise relinquished, shall revert to the grantor from whom it was derived."

SECTION 88. Section 17-4-3 NMSA 1978 (being Laws 1939, Chapter 223, Section 3, as amended) is amended to read:

"17-4-3. SALE, EXCHANGE OR LEASE OF LANDS--PROCEEDS.--The [state game commission] game and fish division of the energy, minerals and natural resources department, except as [herein] limited in this section, is authorized to exchange, sell, lease, sublease or assign any interest in any lands and leases heretofore or hereafter acquired, including but not limited to the sale or lease of timber, oil, gas, minerals or any other severable product of or interest in real estate, when in the [judgement] judgment of [said commission such] the division the transaction will be in the interest of the [state game commission] division and [said] the lands, leases, products or severable parts thereof are in the opinion of [such commission] the division no longer necessary for the purposes for which [such] the lands were acquired or where [such] the lease or sublease will not materially interfere [with] or conflict with the use of [such] the lands for the purpose for which they were acquired. The proceeds of any such sale, exchange, lease or assignment shall be converted into the game protection fund and disbursed as the other [moneys] money in [said] the fund [are] is disbursed."

SECTION 89. Section 17-4-12 NMSA 1978 (being Laws 1912, Chapter 85, Section 63, as amended) is amended to read:

"17-4-12. LICENSE--APPLICATION--CONTENTS--LIMITS.--Any person having already established or desiring to establish or maintain a park or lake for the purpose of keeping or propagating and selling the game or game fish [therein] in the park or lake, or to be placed therein, shall apply in writing to the [Warden] director of the game and fish division of the energy, minerals and natural resources department, stating the name, location, extent and proprietorship of the [same] park or lake and the kind and, as near as may be, the number of game or game fish kept or desired to be kept therein and the term for which the license is desired and [inclosing] enclosing the fee [therefor, and] for the license. If upon examination by the [Warden] director it [shall appear] appears that the application is in good faith and in other respects proper and reasonable, [he] the director shall grant to [such] the applicant a license therefor; provided that the maximum area that may be included within any park shall not exceed three thousand two hundred acres and that every park shall be enclosed by a game-proof fence [which] that shall conform to specifications required by the [state game commission] division."

SECTION 90. Section 17-4-13 NMSA 1978 (being Laws 1912, Chapter 85, Section 64, as amended) is amended to read:

"17-4-13. LICENSE--[SEC. 63] FORM [OF].--[SEC. 64.] Such license shall be substantially in the following form:

GAME AND FISH

STATE OF NEW MEXICO

[DEPARTMENT OF] GAME AND FISH DIVISION

LICENSED PARKS AND LAKES

No.__________ Class A.Santa Fe_______________ [19] 20__

This certifies that ____________________ proprietor of a (public or private) (park or lake) called ___________________ and situated on _________________________ Sec________________ Twp _______________ Range _______________ in ________________ county, New Mexico, is hereby authorized to keep and propagate [therein] and dispose of as provided by law the following (game quadrupeds, birds or fish), viz: ______________________ together with such additions thereto (with the natural increase of all) as may be hereafter lawfully acquired. This license expires ____________________ years after date.

___________________________[Warden] Director."

SECTION 91. Section 17-4-16 NMSA 1978 (being Laws 1912, Chapter 85, Section 67, as amended) is amended to read:

"17-4-16. GAME OR FISH FROM PARKS OR LAKES--SALE [OF--OWNER--DUTY]--INVOICE--FORM [WARDEN].--[SEC. 67.] When the proprietor of any licensed park or lake of Class A shall sell or dispose of any game or game fish as [herein] provided [he] in Sections 17-4-8 through 17-4-28 NMSA 1978, the proprietor shall at the same time deliver to the purchaser or donee or attach thereto an invoice signed by [such] the proprietor or [his] the proprietor's agent, stating the number of the license and name of [such] the park or lake, the date of disposition, the kind and as near as practicable the number and weight of [such] the game or fish and the name and address of the purchaser, consignee or donee. [Such] The invoice shall authorize transportation within this state, possession and use for thirty days after its date and shall be substantially in the following form:

STATE OF NEW MEXICO

[DEPARTMENT OF] GAME AND FISH DIVISION

PRIVATE PARKS AND LAKES--INVOICE

Name of park or lake_________________________________Class A No. of license ________________ Date _______________ [19] 20 _____ Kind and number of game and fish_______________________ Weight of same _________ lbs. Name of consignee_______ __________________ Address of consignee________________

This authorizes transportation within this state, possession and sale for thirty days after date if attached to article.

__________________________ Proprietor_____

By__________________________________Agent.

[Such] The proprietor or [his] the proprietor's agent shall at the same time mail, postpaid, a duplicate of [such] the invoice to the [Warden] director of the game and fish division of the energy, minerals and natural resources department at Santa Fe."

SECTION 92. Section 17-4-30 NMSA 1978 (being Laws 1951, Chapter 66, Section 1) is amended to read:

"17-4-30. FEDERAL AID.--The state of New Mexico hereby assents to the provisions of the act of congress of the United States [of America] entitled "An Act to Provide That The United States Shall Aid The States In Fish Restoration And Management Projects, And For Other Purposes", approved August 9, 1950 (Public Law 681, 81st Congress), and the [state game commission] game and fish division of the energy, minerals and natural resources department is hereby authorized and directed to perform all [such] acts as may be necessary to the conduct and establishment of cooperative fish restoration and management projects as defined by [said] that act of congress and in compliance with [said] that act and rules and regulations promulgated by the secretary of [Agriculture] the interior thereunder."

SECTION 93. Section 17-4-31 NMSA 1978 (being Laws 1951, Chapter 66, Section 2) is amended to read:

"17-4-31. FEDERAL FUNDS--DISBURSEMENT.--The [state game commission] game and fish division of the energy, minerals and natural resources department is authorized to receive any [moneys] money to which the state [of New Mexico] may become entitled under the [aforesaid] act of congress set forth in Section 17-4-30 NMSA 1978, such [moneys] money when received to be deposited with the state treasurer [of the state of New Mexico] to the credit of the [State] game protection fund, expended for the purpose designated and withdrawn as other [moneys are] money is withdrawn from the [State] game protection fund."

SECTION 94. Section 17-4-32 NMSA 1978 (being Laws 1965, Chapter 73, Section 1) is amended to read:

"17-4-32. DESTRUCTION OF BOUNDARY MARKERS.--Every person who shall [wilfully] willfully, maliciously and without cause break down, injure, remove or destroy any sign, marker or poster erected for the purpose of designating the boundaries of any tract of land, refuge or sanctuary for wildlife, or for the purpose of designating the boundaries of a hunting area set forth by [the state game commission] or under the direction of the director of the [department of] game and fish division of the energy, minerals and natural resources department, shall upon conviction thereof be deemed guilty of a petty misdemeanor."

SECTION 95. Section 17-4-33 NMSA 1978 (being Laws 2005, Chapter 173, Section 1) is amended to read:

"17-4-33. GAINING ACCESS INTO NATURE PROGRAM--POLICY--ADDITIONAL POWERS OF [STATE GAME COMMISSION] GAME AND FISH DIVISION.--

A. It is the policy of the state [of New Mexico] to encourage and promote wildlife-associated recreation in New Mexico and to provide for public participation in the use of available natural resources in a manner that will benefit the general public in its enjoyment of public assets and the state and its political subdivisions in increased economic development.

B. To implement the state policy, the [state game commission] game and fish division of the energy, minerals and natural resources department shall develop and administer a "gaining access into nature program" pursuant to the provisions of this section.

C. In addition to its other powers, in order to develop and administer the gaining access into nature program, the [state game commission] game and fish division may:

(1) designate areas and properties under its control where activities other than hunting, fishing and trapping are available to the public;

(2) designate activities that may take place on properties under its control and designate conditions and qualifications for the activities;

(3) enter into partnership and joint powers agreements, leases and other contractual arrangements with other state agencies, private landowners and other private entities to jointly administer, promote and expand the gaining access into nature program;

(4) issue permits, special use licenses and other authorizations for access to individuals and organizations to access [state game commission] division properties for purposes of participating in gaining access into nature programs and charge fees for the access privileges; provided that the fees do not exceed the reasonable costs associated with developing and administering the gaining access into nature program;

(5) engage in public outreach programs to identify through public meetings, surveys and educational programs the interests of the public that may be best served by the gaining access into nature program;

(6) adopt such rules as it deems necessary for programs, events or other activities to properly implement the goals and the administration of the gaining access into nature program; and

(7) subject to appropriation by the legislature, expend money from the game protection fund necessary to develop and administer the gaining access into nature program, including:

(a) the reasonable costs of improving habitat and properties in order to make them suitable for the public uses intended;

(b) costs of personnel necessary to service the properties being used for the program and to provide informational and interpretive services on the properties;

(c) the reasonable costs of maintenance and repair of habitat and properties being used for public access under the provisions of this section; and

(d) costs associated with issuing permits, licenses and other authorizations for access.

D. All money collected from issuing and selling gaining access into nature permits, licenses and other authorizations for access shall be deposited in the game protection fund."

SECTION 96. Section 17-4-34 NMSA 1978 (being Laws 2005, Chapter 177, Section 2) is amended to read:

"17-4-34. HABITAT MANAGEMENT STAMP--FUND--EXPENDITURE FOR HABITAT MANAGEMENT--EXCEPTION.--

A. On and after April 1, 2006, each of the following licenses or permits shall include a habitat management stamp. The fee for a habitat management stamp shall be three dollars ($3.00). Each of the following licenses or permits shall not be considered to be a proper and valid license unless the licensee can demonstrate, by a stamp, check off or other official mark, that the fee for the habitat management stamp has been paid, provided that an individual purchaser shall be required to purchase only one stamp each license year, regardless of the number of licenses or permits purchased by that purchaser:

(1) a resident or nonresident license specified in Section 17-3-13 NMSA 1978; or

(2) a wildlife-associated recreation permit issued by the [state game commission] game and fish division of the energy, minerals and natural resources department pursuant to Section [17-1-4] 17-1-14 NMSA 1978.

B. Revenue from the sale of habitat management stamps shall be deposited in the "habitat management fund", hereby created in the state treasury. The fund shall consist of money appropriated and transferred to the fund and revenue from the sale of habitat management stamps deposited in the fund. Earnings from investment of the fund shall be credited to the fund. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert. Disbursements from the fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the director of the [department of] game and fish division.

C. Upon appropriation by the legislature, money in the habitat management fund may be expended by the [state game commission] game and fish division only for the improvement, maintenance, development and operation of property for fish and wildlife habitat management.

D. A habitat management stamp shall not be required for persons under the age of eighteen."

SECTION 97. Section 17-4-35 NMSA 1978 (being Laws 2009, Chapter 38, Section 1, as amended) is amended to read:

"17-4-35. AQUATIC INVASIVE SPECIES CONTROL.--

A. Based on a determination of credible scientific evidence, the director, after consulting with the secretary of energy, minerals and natural resources and with the concurrence of the director of the New Mexico department of agriculture, is authorized to designate:

(1) species of exotic or nonnative animals or plants as aquatic invasive species;

(2) water bodies within the state as infested waters; and

(3) specific requirements to decontaminate conveyances and equipment.

B. Prior to entering a conveyance or equipment into any water body in the state, the owner or person in control of a warning-tagged conveyance or warning-tagged equipment or a conveyance or equipment that has been in an infested water body in New Mexico or elsewhere shall:

(1) have the conveyance or equipment decontaminated by a person or entity approved by the director to effect decontamination, and only the person legally effecting the decontamination is authorized to remove a warning tag and provide certification that the conveyance or equipment is free from infestation; or

(2) have the conveyance or equipment inspected and certified as free from infestation by trained personnel prior to entering a water body or if certification or other documentation of decontamination is not available, otherwise demonstrate compliance with the decontamination requirements established by the director.

C. A law enforcement officer may impound a conveyance or equipment if the person transporting the conveyance or equipment refuses to submit to an inspection authorized by this section and the officer has reason to believe that an aquatic invasive species may be present, or if the conveyance or equipment has a warning tag affixed and the operator of the conveyance is attempting to enter a state water body and cannot provide evidence that the conveyance or equipment has been decontaminated. A law enforcement officer shall take action to prevent equipment or conveyances believed or known to contain an aquatic invasive species and warning-tagged equipment or conveyances from entering a state water body.

D. The impoundment of a conveyance or equipment may continue for a reasonable period necessary to inspect and decontaminate the conveyance or equipment.

E. Notwithstanding any provision to the contrary, no motor vehicle that is drawing a conveyance shall be impounded pursuant to this section.

F. Trained personnel may:

(1) establish, operate and maintain aquatic invasive species check stations and conduct inspections at or adjacent to the entrance to any state-controlled water body or, pursuant to a cooperative agreement, at or adjacent to any county, municipal or federally or privately controlled water body or at or adjacent to the exit point of an infested water body or at a location agreed to by the owner of the conveyance or equipment in order to inspect conveyances and equipment prior to a conveyance or equipment entering, being launched onto or being directly exposed to water bodies of the state or upon the conveyance's or equipment's departure from infested waters;

(2) affix a warning tag to equipment or a conveyance where the presence of an aquatic invasive species has been found;

(3) affix a warning tag to a conveyance or equipment upon the conveyance or equipment leaving an infested water; or

(4) affix a warning tag to a conveyance or equipment that the trained personnel have reason to believe is infested with an aquatic invasive species based on its point of origin or use.

G. Except for state, local, tribal or federal agencies and their respective agents, employees and contractors while performing their duties or contractual obligations specific to management or control of an aquatic invasive species, it is unlawful for a person to:

(1) knowingly possess, import, export, ship or transport an aquatic invasive species into, within or from the state;

(2) knowingly release, place, plant or cause to be released, placed or planted an aquatic invasive species into a water body or adjacent to a water body where it reasonably might be anticipated to be introduced into a water body that is not infested;

(3) remove a warning tag other than as provided pursuant to this section;

(4) introduce any tagged conveyance or equipment or any equipment or conveyance from which a warning tag has been unlawfully removed into a water body without first having that conveyance or equipment decontaminated and certified pursuant to the provisions of this section; or

(5) knowingly introduce into any water body a conveyance or equipment that has been exposed to an infested water body or a water body in any other state known to contain aquatic invasive species without first being decontaminated and certified pursuant to the provisions of this section.

H. Knowingly or willfully violating any provision of this section as a first offense is a petty misdemeanor. A second or subsequent violation of any provision of this section is a misdemeanor. Any violation is punishable pursuant to Section 31-19-1 NMSA 1978.

I. The director or the director's designee shall coordinate the monitoring of the water bodies of the state for the presence of aquatic invasive species, including privately controlled waters if the director has authorized access to them or has received permission to monitor them from the persons controlling access to such waters.

J. Upon determination of an infested water body in New Mexico, the director shall immediately recommend to the person in control of the infested water body actions to limit access or take other actions to prevent the potential spread of an aquatic invasive species to other water bodies.

K. The [commission] division is authorized to adopt rules pursuant to Section 17-1-26 NMSA 1978, and the secretary of energy, minerals and natural resources is authorized to adopt rules pursuant to Section 16-2-32 NMSA 1978 as necessary to implement and enforce the provisions of this section.

L. The director may enter into cooperative agreements with any federal, state, county or municipal authority or private entity that may be in control of a water body potentially affected by aquatic invasive species.

M. As used in this section:

(1) "aquatic invasive species" means quagga mussels and zebra mussels and other exotic or nonnative aquatic animals, including invertebrates but excluding those species listed as protected in Chapter 17 NMSA 1978, or any plant or animal species whose introduction into an aquatic ecosystem is determined by the director, after consulting with the secretary of energy, minerals and natural resources and with the concurrence of the director of the New Mexico department of agriculture, to cause or be likely to cause harm to the economy, environment or human health or safety;

[(2) "commission" means the state game commission;

(3)] (2) "conveyance" means a motor vehicle, vessel, trailer or any associated equipment or containers, including, but not limited to, live wells, fish-hauling tanks, ballast tanks, motorized skis and bilge areas that may contain or carry an aquatic invasive species or any other equipment by which aquatic invasive species may be introduced into an aquatic ecosystem;

[(4)] (3) "decontaminate" means to wash, drain, dry or otherwise treat a conveyance in accordance with guidelines established by the director in order to remove or destroy an aquatic invasive species;

[(5)] (4) "director" means the director of the [department of game and fish] division;

(5) "division" means the game and fish division of the energy, minerals and natural resources department;

(6) "equipment" means an article, a tool, an implement, a device or a piece of clothing, including boots and waders, that is capable of containing or transporting water;

(7) "infested water" means a geographic region, water body or water supply system or facility within the state that the director, after consulting with the secretary of energy, minerals and natural resources and with the concurrence of the director of the New Mexico department of agriculture, identifies as carrying or containing an aquatic invasive species or a water body outside the state that has been identified as carrying or containing an aquatic invasive species;

(8) "inspect" means to examine a conveyance or equipment to determine whether an aquatic invasive species is present;

(9) "law enforcement officer" means a state or federal certified law enforcement officer;

(10) "trained personnel" means individuals who have successfully completed the United States fish and wildlife service's aquatic invasive species watercraft inspection and decontamination training, level I or level II, or an equivalent training recognized by the director;

(11) "warning tag" means a tag that is affixed to equipment or a conveyance upon the equipment or conveyance leaving an infested water or upon an inspection determining that the equipment or conveyance contains an aquatic invasive species that requires the equipment or conveyance to be decontaminated; and

(12) "water body" means a natural or impounded surface water, including a stream, river, spring, lake, reservoir, pond, wetland, tank or fountain."

SECTION 98. Section 17-5-3 NMSA 1978 (being Laws 1939, Chapter 178, Section 3, as amended) is amended to read:

"17-5-3. SEASONS--SPECIAL PERMITS TO TAKE ANIMALS DOING DAMAGE.--Fur-bearing animals as defined in Section 17-5-2 NMSA 1978 shall be taken only during the seasons declared by [regulation] rule of the [state game commission] game and fish division of the energy, minerals and natural resources department promulgated as provided in Section 17-5-4 NMSA 1978. The director of the division may, however, issue permits at any time for the taking of fur-bearing animals doing damage to game, private property, poultry or livestock."

SECTION 99. Section 17-5-4 NMSA 1978 (being Laws 1939, Chapter 178, Section 4, as amended) is amended to read:

"17-5-4. [STATE GAME COMMISSION] GAME AND FISH DIVISION TO ADMINISTER ACT--RULES [AND REGULATIONS].--The [state game commission] game and fish division of the energy, minerals and natural resources department is authorized and directed to administer the provisions of Sections 17-5-1 through

17-5-9 NMSA 1978 and to make such rules [and regulations] and establish such [service] services as it may deem necessary to carry out all the provisions and purposes of those sections. In making [such] rules [and regulations] and providing when and by what means fur-bearing animals may be hunted, taken, captured, possessed or killed, the [state game commission] division shall give due regard to the zones of temperatures and to the distribution, abundance, economic value and breeding habits of [such] the animals. Provided, nothing in Sections 17-5-1 through 17-5-9 NMSA 1978 shall interfere with the authority granted to the president of New Mexico state university under Sections 77-15-1 through 77-15-5 NMSA 1978 or [shall] prevent livestock producers without a permit from the taking of bobcats that are doing damage to livestock."

SECTION 100. Section 17-5-5 NMSA 1978 (being Laws 1939, Chapter 178, Section 5, as amended) is amended to read:

"17-5-5. TRAPPER'S LICENSES.--

A. No resident who has reached [his twelfth birthday] the age of twelve shall capture, trap or possess any fur-bearing animal or attempt to do so without first procuring a resident trapper's license; or, in the case of a resident who has reached [his twelfth birthday] the age of twelve but not [his eighteenth birthday] the age of eighteen, a resident junior trapper's license.

B. No nonresident shall capture, trap or possess any fur-bearing animal or skunk or coyote or attempt to do so without first procuring a nonresident trapper's license.

C. No nonresident who resides in a state that does not permit New Mexico residents to procure nonresident trapper's licenses may purchase a New Mexico nonresident trapper's license.

D. Trappers shall release all fur-bearing animals trapped during closed seasons, and resident trappers who release all fur-bearing animals during open seasons need not procure a trapper's license.

E. Trappers on official business, paid from state and federal funds and under supervision of the [department of] game and fish division of the energy, minerals and natural resources department, the New Mexico department of agriculture or the United States fish and wildlife service need not purchase a trapper's license.

F. Trapping of animals, both fur-bearing and nongame, by a resident in order to protect [his] livestock or domesticated animals or fowl shall not be subject to rules [and regulations] on trapping made pursuant to Section 17-5-4 NMSA 1978 or to licensing requirements provided in this section.

G. The [state game commission] game and fish division may by [regulation] rule require holders of trapper's licenses to use bobcat pelt tags and may specify the conditions for use of the tags."

SECTION 101. Section 17-5-8 NMSA 1978 (being Laws 1939, Chapter 178, Section 9) is amended to read:

"17-5-8. OFFICERS AUTHORIZED TO ENFORCE ACT.--All peace officers, [Port of Entry] employees of the motor transportation division of the department of public safety and [deputy game wardens] conservation officers are hereby authorized and required to cooperate fully with the [state game commission] game and fish division of the energy, minerals and natural resources department in the enforcement of [this Act] Sections 17-5-1 through 17-5-9 NMSA 1978. It shall be the duty of all [such] those persons to make searches, seizures and arrests as in the case of other misdemeanors."

SECTION 102. Section 17-6-1 NMSA 1978 (being Laws 1973, Chapter 242, Section 1) is amended to read:

"17-6-1. SHORT TITLE.--[This act] Chapter 17, Article 6 NMSA 1978 may be cited as the "Habitat Protection Act"."

SECTION 103. Section 17-6-2 NMSA 1978 (being Laws 1973, Chapter 242, Section 2) is amended to read:

"17-6-2. DEFINITIONS.--As used in the Habitat Protection Act:

A. ["commission"] "division" means the [state game commission] game and fish division of the energy, minerals and natural resources department;

B. "cross-country" means travel over the countryside other than by road;

C. "vehicle" means any motor-powered mechanical device used for conveyance; and

D. "road" means any maintained or unmaintained right of way that has been utilized by the public, and includes roads, streets, highways and state scenic, recreation or historical trails."

SECTION 104. Section 17-6-3 NMSA 1978 (being Laws 1973, Chapter 242, Section 3, as amended) is amended to read:

"17-6-3. RESTRICTIONS ON MOTOR VEHICLE USE--RECOMMENDATIONS--RULES [AND REGULATIONS].--

A. When the [commission] division determines that the operation of vehicles within a certain area is or may be damaging to wildlife reproduction, wildlife management or the wildlife habitat of the area, the [department] division, with the concurrence of the private land owner or the land management agency involved, after proper notice, shall hold public meetings in the area affected on the necessity and desirability of closing such lands to the operation of any vehicles for a stated definite period. Upon finding, after public meetings, that the use of vehicles on such lands is or may be damaging to wildlife reproduction or habitat and that it is necessary and desirable to close such lands to vehicles in order to avoid such damage, the [commission] division shall make and publish an order closing such lands to vehicle operation except on established roads that are marked by appropriate signs.

B. The [commission] division may also recommend to the appropriate land management agency or the legislature that particular areas of land be set aside or made available for recreational vehicles.

C. The [commission] division may also enter into agreements with or recommend to public land management agencies that certain areas be closed to camping during particular open hunting seasons or that camping be permitted only in designated areas during such open hunting seasons.

D. The [commission] division may enter into agreements with private landowners and land management agencies controlling areas that the [commission] division has made recommendations on pursuant to Subsection B of this section. Any such agreement shall stipulate the restrictions, prohibitions and permitted uses of vehicles in such area and the duties of the [commission] division and such private landowner or land management agency relating to the enforcement of the terms of such agreement. Agreements with private landowners may also include provisions for sharing costs of performing any of the functions as set forth in Section [53-6-7 NMSA 1953] 17-6-7 NMSA 1978.

E. The [commission] division shall adopt and file, in accordance with the State Rules Act, rules [and regulations] necessary to carry out the provisions of the Habitat Protection Act, including [regulations] rules setting out procedures for hearings and notice."

SECTION 105. Section 17-6-4 NMSA 1978 (being Laws 1973, Chapter 242, Section 4) is amended to read:

"17-6-4. NOTICES OF RESTRICTIONS--POSTING--PUBLICATION.--

A. For all areas closed to vehicles pursuant to Section [53-6-3 NMSA 1953] 17-6-3 NMSA 1978, the [commission] division shall cause notices of the restrictions, prohibitions or permitted uses of such areas to be posted prior to their effective date on the main traveled roads entering such areas and at such other locations as the [commission] division deems appropriate.

B. In addition to the public meetings required by Section [53-6-3 NMSA 1953] 17-6-3 NMSA 1978 and posted notices required by Subsection A of this section, the [commission] division shall publish a notice of such restrictions, prohibitions or permitted uses, together with a description of the area, in a newspaper of general circulation in the area of the state affected for three consecutive weeks prior to the effective date of such restrictions, prohibitions or permitted uses. Copies of the notices of restrictions, prohibitions or permitted uses together with a description or appropriate map of the area affected by the notices shall be made available to the public by the [commission] division."

SECTION 106. Section 17-6-7 NMSA 1978 (being Laws 1973, Chapter 242, Section 7) is amended to read:

"17-6-7. EXPENDITURE OF FUNDS--FUNCTIONS.--The [commission] division may expend such funds as become available from the game protection fund, state or federal grants or other sources to carry out the provisions of the Habitat Protection Act, including but not limited to:

A. investigations and surveys of actual or possible wildlife habitat damage by vehicles and the study of areas to be recommended for recreational vehicle use;

B. posting notices of restrictions, prohibitions and permitted use of vehicles;

C. providing maps and other necessary information to the public;

D. an informational and educational program on wildlife habitat preservation and restoration; or

E. the enforcement of the provisions of the Habitat Protection Act."

SECTION 107. Section 17-6-8 NMSA 1978 (being Laws 1973, Chapter 242, Section 8) is amended to read:

"17-6-8. LIMITATION OF LIABILITY ON LANDOWNERS.--No person or corporation, or their successors in interest, [who] that has granted a right of way or easement across [his] the person's land to the [commission] division for use under the Habitat Protection Act shall be liable to any user of the land for injuries suffered on [said] the right of way or

easement unless the injuries are caused by the willful or wanton misconduct of the grantor."

SECTION 108. Section 17-7-1 NMSA 1978 (being Laws 1976 (S.S.), Chapter 43, Section 1) is amended to read:

"17-7-1. SHORT TITLE.--[This act] Chapter 17, Article 7 NMSA 1978 may be cited as the "Shooting Range Fund Act"."

SECTION 109. Section 17-7-2 NMSA 1978 (being Laws 1976 (S.S.), Chapter 43, Section 2, as amended) is amended to read:

"17-7-2. FUND CREATED.--There is created in the state treasury a special fund to be known as the "shooting range fund". All money appropriated to this fund or accruing to it as a result of gift, deposit or from other sources, except interest earned on the fund [which] that shall be credited to the general fund, shall not be transferred to another fund or encumbered or disbursed in any manner except as provided in the Shooting Range Fund Act. Appropriated money in the fund shall not revert to the general fund. Money in the fund shall be used for construction or improvement of public shooting ranges pursuant to the Shooting Range Fund Act. Disbursements from the fund shall be made only upon warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the director of the [department of] game and fish division of the energy, minerals and natural resources department."

SECTION 110. Section 17-7-3 NMSA 1978 (being Laws 1976 (S.S.), Chapter 43, Section 3) is amended to read:

"17-7-3. ADMINISTRATION.--

A. The [state game commission] game and fish division of the energy, minerals and natural resources department shall administer the provisions of the Shooting Range Fund Act and shall, pursuant to the State Rules Act, adopt such rules [and regulations] as deemed necessary to carry out the provisions of the Shooting Range Fund Act.

B. Rules [and regulations] shall include:

(1) a method for the determination of a county or municipality eligibility for grants from the shooting range fund;

(2) procedures for applications, approvals and rejections of grant proposals;

(3) a requirement that a county or municipality contribute at least twenty-five percent of the cost necessary to complete a shooting range grant proposal;

(4) a requirement that one-half of the local contribution required by Paragraph (3) of this subsection is to be money;

(5) a requirement that a shooting range project shall be undertaken in accordance with specifications determined by the [department of] game and fish division. Such specifications may provide for pistol, rifle, shotgun and archery facilities; and

(6) provisions for the operation and maintenance of shooting range facilities.

C. Grants from the shooting range fund shall be awarded by the [state game commission] game and fish division only for new public shooting range construction or for improvements to existing public shooting ranges. No funds shall be approved for maintenance of shooting ranges [nor] or for shooting range renovation prior to 1980. No grant from the money appropriated to the shooting range fund shall exceed:

(1) twenty-five percent of the cost of any one project; [nor] or

(2) more than ten percent of the amount appropriated to the shooting range fund by the Shooting Range Fund Act.

D. The [state game commission] game and fish division may expend not more than five percent of the appropriated money in the shooting range fund each fiscal year for administrative purposes to carry out the provisions of the Shooting Range Fund Act."

SECTION 111. Section 29-4A-3 NMSA 1978 (being Laws 1995, Chapter 59, Section 3, as amended) is amended to read:

"29-4A-3. DEFINITIONS.--As used in the Peace Officers' Survivors Supplemental Benefits Act:

A. "fund" means the peace officers' survivors fund;

B. "peace officer" means any full-time salaried and commissioned or certified law enforcement officer of a police or sheriff's department or a conservation officer of the energy, minerals and natural resources department [of game and fish] as used in Chapter 17 NMSA 1978 that is part of or administered by the state or any political subdivision of the state; and

C. "secretary" means the secretary of public safety."

SECTION 112. Section 30-8-5 NMSA 1978 (being Laws 1975, Chapter 199, Section 2) is amended to read:

"30-8-5. ENFORCEMENT.--The [state game commission] game and fish division of the energy, minerals and natural resources department may designate trained employees of the [commission] division vested with police powers to enforce the provisions of Section [40A-8-4 NMSA 1953] 30-8-4 NMSA 1978. In addition, members of the state police, county sheriffs and their deputies, police officers and those employees of the state [park and recreation commission] parks division of the energy, minerals and natural resources department vested with police powers shall enforce the provisions of that section."

SECTION 113. Section 30-8-7 NMSA 1978 (being Laws 1975, Chapter 199, Section 4) is amended to read:

"30-8-7. PUBLIC EDUCATION.--The [state game commission, the state highway] department of transportation, the state [park and recreation commission] parks division and the game and fish division of the energy, minerals and natural resources department and the environmental improvement [agency] division of the department of environment are encouraged to institute public education programs through the news media in order to inform the public of the litter problem in New Mexico and of individual efforts that can be made to assist in the abatement of the problem. In addition, these agencies are authorized to work with industry organizations in a joint anti-litter campaign so that additional effect may be given to the anti-litter effort in New Mexico."

SECTION 114. Section 30-14-1 NMSA 1978 (being Laws 1963, Chapter 303, Section 14-1, as amended) is amended to read:

"30-14-1. CRIMINAL TRESPASS.--

A. Criminal trespass consists of knowingly entering or remaining upon posted private property without possessing written permission from the owner or person in control of the land. The provisions of this subsection do not apply if:

(1) the owner or person in control of the land has entered into an agreement with the [department of] game and fish division of the energy, minerals and natural resources department granting access to the land to the general public for the purpose of taking any game animals, birds or fish by hunting or fishing; or

(2) a person is in possession of a landowner license given to [him] the person by the owner or person in control of the land that grants access to that particular private land for the purpose of taking any game animals, birds or fish by hunting or fishing.

B. Criminal trespass also consists of knowingly entering or remaining upon the unposted lands of another knowing that such consent to enter or remain is denied or withdrawn by the owner or occupant [thereof] of the lands. Notice of no consent to enter shall be deemed sufficient notice to the public and evidence to the courts, by the posting of the property at all vehicular access entry ways.

C. Criminal trespass also consists of knowingly entering or remaining upon lands owned, operated or controlled by the state or any of its political subdivisions knowing that consent to enter or remain is denied or withdrawn by the custodian [thereof] of the lands.

D. Any person who enters upon the lands of another without prior permission and injures, damages or destroys any part of the realty or its improvements, including buildings, structures, trees, shrubs or other natural features, is guilty of a misdemeanor and [he] shall be liable to the owner, lessee or person in lawful possession for civil damages in an amount equal to double the value of the damage to the property injured or destroyed.

E. [Whoever] Any person who commits criminal trespass is guilty of a misdemeanor. Additionally, any person who violates the provisions of Subsection A, B or C of this section, when in connection with hunting, fishing or trapping activity, shall have [his] the person's hunting or fishing license revoked by the [state game commission] game and fish division for a period of not less than three years, pursuant to the provisions of Section 17-3-34 NMSA 1978.

F. [Whoever] Any person who knowingly removes, tampers with or destroys any "no trespass" sign is guilty of a petty misdemeanor; except when the damage to the sign amounts to more than one thousand dollars ($1,000), [he or she] the person is guilty of a misdemeanor and shall be subject to imprisonment in the county jail for a definite term less than one year or a fine not more than one thousand dollars ($1,000) or to both such imprisonment and fine in the discretion of the judge.

G. This section, as amended, shall be published in all issues of "Big Game Hunt Proclamation" as published by the [department of] game and fish division."

SECTION 115. Section 30-32-3 NMSA 1978 (being Laws 1921, Chapter 33, Section 6, as amended) is amended to read:

"30-32-3. ARREST FOR VIOLATIONS.--All peace officers of the state, including [department of game and fish] conservation officers of the game and fish division of the energy, mineral and natural resources department, have the power to make arrests on warrant issued by any magistrate of the state for violation of any of the state forest fire laws, including Chapter 68, Article 2 NMSA 1978, rules implementing Chapter 68, Article 2 NMSA 1978 or fire restrictions issued pursuant to such rules, or without warrant for violations of those laws committed in their presence, and shall not be liable to civil action for trespass for acts done in the discharge of their duties."

SECTION 116. Section 35-7-6 NMSA 1978 (being Laws 1968, Chapter 62, Section 101) is amended to read:

"35-7-6. MAGISTRATE ADMINISTRATION--CURRENT STATUTES.--

A. Each magistrate shall obtain without cost:

(1) the volume of compiled laws relating to magistrates, along with current [pocket] supplements, from the New Mexico compilation commission;

(2) all current laws relating to motor vehicles from the [commissioner] director of the motor [vehicles] vehicle division of the taxation and revenue department;

(3) all current laws relating to game animals and fish [along with all regulations of the state game commission] from the [department of] game and fish division of the energy, minerals and natural resources department; and

(4) all current laws relating to motor carriers, along with all regulations of the [state corporation] public regulation commission relating to motor carriers, from the [state corporation] public regulation commission.

B. These materials remain the property of the state and shall be delivered by each magistrate to [his] the magistrate's successor in office or to the administrative office of the courts. Each magistrate is responsible for the care of the materials and for the cost of replacement in case of loss, damage or if not disposed of as required in this section."

SECTION 117. Section 40-5A-1 NMSA 1978 (being Laws 1995, Chapter 25, Section 1) is amended to read:

"40-5A-1. SHORT TITLE.--[This act] Chapter 40, Article 5A NMSA 1978 may be cited as the "Parental Responsibility Act"."

SECTION 118. Section 40-5A-3 NMSA 1978 (being Laws 1995, Chapter 25, Section 3, as amended) is amended to read:

"40-5A-3. DEFINITIONS.--As used in the Parental Responsibility Act:

A. "applicant" means an obligor who is applying for issuance of a license;

B. "board" means:

(1) the construction industries commission, the construction industries division and the electrical bureau, mechanical bureau and general construction bureau of the construction industries division of the regulation and licensing department;

(2) the manufactured housing committee and manufactured housing division of the regulation and licensing department;

(3) a board, commission or agency that administers a profession or occupation licensed pursuant to Chapter 61 NMSA 1978;

(4) any other state agency to which the Uniform Licensing Act is applied by law;

(5) a licensing board or other authority that issues a license, certificate, registration or permit to engage in a profession or occupation regulated in New Mexico;

(6) the [department of] game and fish division of the energy, minerals and natural resources department;

(7) the motor vehicle division of the taxation and revenue department; or

(8) the alcohol and gaming division of the regulation and licensing department;

C. "certified list" means a verified list that includes the names, social security numbers and last known addresses of obligors not in compliance;

D. "compliance" means that:

(1) an obligor is no more than thirty days in arrears in payment of amounts required to be paid pursuant to an outstanding judgment and order for support; and

(2) an obligor has, after receiving appropriate notice, complied with subpoenas or warrants relating to paternity or child support proceedings;

E. "department" means the human services department;

F. "judgment and order for support" means the judgment entered against an obligor by the district court or a tribal court in a case enforced by the department pursuant to Title IV-D of the Social Security Act;

G. "license" means a liquor license or other license, certificate, registration or permit issued by a board that a person is required to have to engage in a profession or occupation in New Mexico; "license" includes a commercial driver's license, driver's license and recreational licenses, including hunting, fishing or trapping licenses;

H. "licensee" means an obligor to whom a license has been issued; and

I. "obligor" means the person who has been ordered to pay child or spousal support pursuant to a judgment and order for support."

SECTION 119. Section 60-2C-10 NMSA 1978 (being Laws 1989, Chapter 346, Section 10) is amended to read:

"60-2C-10. PENALTY--CRIMINAL.--

A. [Any] An individual, firm, partnership or corporation that violates [any] a provision of the Fireworks Licensing and Safety Act is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than one year, or both.

B. Nothing in the Fireworks Licensing and Safety Act shall apply to or prohibit [any] employees of the energy, minerals and natural resources department [of game and fish] or the United States fish and wildlife service from possessing fireworks for control of game birds and animals or to prohibit [any] a law enforcement officer from possessing fireworks in the performance of [his] the officer's duties or to prohibit [any] a municipality or civic organization [therein] from sponsoring and conducting in connection with [any] a public celebration an officially supervised and controlled fireworks display."

SECTION 120. Section 66-3-1001.1 NMSA 1978 (being Laws 2005, Chapter 325, Section 1, as amended) is amended to read:

"66-3-1001.1. DEFINITIONS.--As used in the Off-Highway Motor Vehicle Act:

A. "board" means the off-highway motor vehicle advisory board;

B. "department" means the [department of] game and fish division of the energy, minerals and natural resources department;

C. "division" means the motor vehicle division of the taxation and revenue department;

D. "fund" means the trail safety fund;

E. "off-highway motor vehicle" means a motor vehicle designed by the manufacturer for operation exclusively off the highway or road and includes:

(1) "all-terrain vehicle", which means a motor vehicle fifty inches or less in width, having an unladen dry weight of one thousand pounds or less, traveling on three or more low-pressure tires and having a seat designed to be straddled by the operator and handlebar-type steering control;

(2) "off-highway motorcycle", which means a motor vehicle traveling on not more than two tires and having a seat designed to be straddled by the operator and that has handlebar-type steering control;

(3) "snowmobile", which means a motor vehicle designed for travel on snow or ice and steered and supported in whole or in part by skis, belts, cleats, runners or low-pressure tires;

(4) "recreational off-highway vehicle", which means a motor vehicle designed for travel on four or more non-highway tires, for recreational use by one or more persons, and having:

(a) a steering wheel for steering control;

(b) non-straddle seating;

(d) gross vehicle weight rating no greater than one thousand seven hundred fifty pounds;

(e) less than eighty inches in overall width, exclusive of accessories;

(f) engine displacement of less than one thousand cubic centimeters; and

(g) identification by means of a seventeen-character vehicle identification number; or

(5) by rule of the department, any other vehicles that may enter the market that fit the general profile of vehicles operated off the highway for recreational purposes;

F. "staging area" means a parking lot, trailhead or other location to or from which an off-highway motor vehicle is transported so that it may be placed into operation or removed from operation; and

G. "unpaved public roadway" means a dirt graveled street or road that is constructed, signed and maintained for regular passenger-car use by the general public."

SECTION 121. Section 66-3-1017 NMSA 1978 (being Laws 2005, Chapter 325, Section 19, as amended) is amended to read:

"66-3-1017. OFF-HIGHWAY MOTOR VEHICLE ADVISORY BOARD CREATED--MEMBERS--COMPENSATION.--

A. The "off-highway motor vehicle advisory board" is created to advise the department on matters related to administration of the Off-Highway Motor Vehicle Act. The board shall consist of the following seven members appointed by the governor:

(1) one landowner living near a national forest or bureau of land management property that is used extensively for recreational off-highway vehicle activity;

(2) one producer or one grazing permittee on public lands from the farming or livestock industry;

(3) one person from the off-highway motor vehicle industry;

(4) one off-highway motor vehicle user;

(5) one hunter or angler;

(6) one quiet recreationalist, such as a hiker, backpacker, birdwatcher, equestrian, mountain biker, rock climber or archaeological enthusiast; and

(7) one member with expertise in injury prevention or treatment.

B. The board shall select a chair and a vice chair.

C. The board shall meet at the call of the chair but not less than twice annually.

D. Members shall be appointed to staggered terms of two years each; provided that no more than four terms expire in any one year. The board members shall select by lot four members to serve initial terms of three years each. A vacancy shall be filled by appointment of the governor for the remainder of the unexpired term. Members of the board shall not be [entitled to reimbursement pursuant to the Per Diem and Mileage Act] paid and shall not receive per diem."

SECTION 122. Section 72-4A-1 NMSA 1978 (being Laws 2001, Chapter 164, Section 1) is amended to read:

"72-4A-1. SHORT TITLE.--[This act] Chapter 72, Article 4A NMSA 1978 may be cited as the "Water Project Finance Act"."

SECTION 123. Section 72-4A-4 NMSA 1978 (being Laws 2001, Chapter 164, Section 4, as amended) is amended to read:

"72-4A-4. WATER TRUST BOARD CREATED.--

A. The "water trust board" is created. The board is composed of the following sixteen members:

(1) the state engineer or the state engineer's designee;

(2) the secretary of finance and administration or the secretary's designee;

(3) the executive director of the New Mexico finance authority or the executive director's designee;

(4) the secretary of environment or the secretary's designee;

(5) the secretary of energy, minerals and natural resources or the secretary's designee;

(6) the director of the [department of] game and fish division of the energy, minerals and natural resources department or the director's designee;

(7) the director of the New Mexico department of agriculture or the director's designee;

(8) the executive director of the New Mexico municipal league or the executive director's designee;

(9) the executive director of the New Mexico association of counties or the executive director's designee;

(10) five public members appointed by the governor and confirmed by the senate and who represent:

(a) the environmental community;

(b) an irrigation or conservancy district that uses surface water;

(d) acequia water users; and

(e) soil and water conservation districts;

(11) one public member appointed by the Indian affairs commission; and

(12) the president of the Navajo Nation or the president's designee.

B. The chair of the board shall be elected by a quorum of the board members. The board shall meet at the call of the chair or whenever three members submit a request in writing to the chair, but not less often than once each calendar year. A majority of members constitutes a quorum for the transaction of business. The affirmative vote of at least a majority of a quorum present shall be necessary for an action to be taken by the board.

C. Each public member of the board appointed by the governor shall be appointed to a four-year term. To provide for staggered terms, two of the initially governor-appointed public members shall be appointed for terms of two years and three members for terms of four years. Thereafter, all governor-appointed members shall be appointed for four-year terms. Vacancies shall be filled by appointment by the governor for the remainder of the unexpired term.

D. Public members of the board shall be reimbursed for attending meetings of the board as provided for nonsalaried public officers in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

E. Public members of the board are appointed public officials of the state while carrying out their duties and activities under the Water Project Finance Act."

SECTION 124. TEMPORARY PROVISION--TRANSFER OF FUNCTIONS, APPROPRIATIONS, PERSONNEL AND PROPERTY--CONTRACTUAL OBLIGATIONS--STATUTORY REFERENCES.--

A. On July 1, 2011, all functions, personnel, appropriations, money, records, furniture, equipment and other property, including interests in land, minerals and water rights, of the department of game and fish and the state game commission shall be transferred to the game and fish division of the energy, minerals and natural resources department.

B. On July 1, 2011, contractual obligations of the department of game and fish and the state game commission are binding on the energy, minerals and natural resources department.

C. On July 1, 2011, all references in law to the department of game and fish shall be deemed to be references in law to the game and fish division of the energy, minerals and natural resources department. All references in law to the director of the department of game and fish shall be deemed to be references to the director of the game and fish division of the energy, minerals and natural resources department.

D. On July 1, 2011, all references in law to the state game commission shall be deemed to be references in law to the game and fish division of the energy, minerals and natural resources department.

SECTION 125. TEMPORARY PROVISION--DUTIES OF STATE GAME COMMISSION.--Beginning July 1, 2011, the game and fish division of the energy, minerals and natural resources department shall assume the duties of the state game commission. All rules of the state game commission shall remain in force unless the game and fish division repeals or amends them.

SECTION 126. REPEAL.--Sections 17-1-2 through 17-1-4, 17-1-6, 17-1-15, 17-2-5 and 17-3-25 NMSA 1978 (being Laws 1921, Chapter 35, Sections 2 through 4, Laws 1955, Chapter 59, Section 2, Laws 1931, Chapter 117, Sections 6 and 4 and Laws 1967, Chapter 26, Section 1 as amended) are repealed.

SECTION 127. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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