HOUSE HEALTH AND GOVERNMENT AFFAIRS COMMITTEE SUBSTITUTE FOR
HOUSE BILL 24
50th legislature - STATE OF NEW MEXICO - second session, 2012
AN ACT
RELATING TO GAME AND FISH; AMENDING AND ENACTING SECTIONS OF CHAPTER 17 NMSA 1978 TO CONSOLIDATE CERTAIN FEES UNDER HUNTING AND FISHING LICENSES; CHANGING FEE STRUCTURES; PROVIDING FOR REDUCED LICENSE RATES FOR NONRESIDENT JUNIOR HUNTERS; PROVIDING FOR A FREE SECOND ROD FOR FISHING; PROVIDING THAT NO OTHER SPECIAL FEES BE COLLECTED FOR HABITAT MANAGEMENT; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2011; MAKING APPROPRIATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 17-3-13 NMSA 1978 (being Laws 1964 (1st S.S., Chapter 17, Section 5, as amended by Laws 2011, Chapter 25, Section 2 and by Laws 2011, Chapter 186, Section 4) is amended to read:
"17-3-13. LICENSE FEES.--
A. The director of the department of game and fish shall keep a record of all money received and licenses and permits issued by the department, numbering each class separately. Upon satisfactory proof that a license or permit has been lost before its expiration, the director may issue a duplicate and collect a just and reasonable fee for it as determined by regulation of the state game commission.
B. The director of the department of game and fish shall collect the following fees for each license of the class indicated:
Resident, fishing. . . . . . . . . . . . . . . . . $25.00
Resident, game hunting. . . . . . . . . . . . . . . .15.00
Resident, deer. . . . . . . . . . . . . . . . . . . .31.00
Resident, junior-senior, deer. . . . . . . . . . . . 19.00
Resident, senior, handicapped, military,
game hunting and fishing. . . . . . . . . . . . . . .20.00
Resident, fishing and game hunting
combination. . . . . . . . . . . . . . . . . . . . . 30.00
Resident, junior, fishing and game
hunting combination. . . . . . . . . . . . . . . . . 15.00
Resident, disabled veteran, fishing and game hunting combination. . . . . . . . . . . . . . . . . . . . . 10.00
Resident, antelope. . . . . . . . . . . . . . . . . 50.00
Resident, elk cow. . . . . . . . . . . . . . . . . .50.00
Resident, elk bull or either sex. . . . . . . . . . .80.00
Resident, junior-senior, elk. . . . . . . . . . . . .48.00
Resident, bighorn sheep, ram. . . . . . . . . . . . 150.00
Resident, bighorn sheep, ewe. . . . . . . . . . . . .75.00
Resident, Barbary sheep. . . . . . . . . . . . . . .100.00
Resident, bear. . . . . . . . . . . . . . . . . . . .44.00
Resident, turkey. . . . . . . . . . . . . . . . . . 25.00
Resident, cougar. . . . . . . . . . . . . . . . . . 40.00
Resident, oryx. . . . . . . . . . . . . . . . . . .150.00
Resident, ibex. . . . . . . . . . . . . . . . . . .100.00
Resident, javelina. . . . . . . . . . . . . . . . . 55.00
Resident, fur dealer. . . . . . . . . . . . . . . . .15.00
Resident, trapper. . . . . . . . . . . . . . . . . .20.00
Resident, junior trapper. . . . . . . . . . . . . . . 9.00
Nonresident, fishing. . . . . . . . . . . . . . . . .56.00
Nonresident, junior fishing. . . . . . . . . . . . . 15.00
Nonresident, junior, game hunting . . . . . . . . . .15.00
Nonresident, game hunting. . . . . . . . . . . . . .65.00
Nonresident, deer. . . . . . . . . . . . . . . . . 260.00
Nonresident, quality deer. . . . . . . . . . . . . 345.00
Nonresident, bear. . . . . . . . . . . . . . . . . 250.00
Nonresident, cougar. . . . . . . . . . . . . . . . .280.00
Nonresident, turkey. . . . . . . . . . . . . . . . .100.00
Nonresident, antelope. . . . . . . . . . . . . . . .260.00
Nonresident, elk cow. . . . . . . . . . . . . . . . 315.00
Nonresident, elk bull or either sex. . . . . . . . .525.00
Nonresident, quality elk. . . . . . . . . . . . . .750.00
Nonresident, bighorn sheep. . . . . . . . . . . . 3,150.00
Nonresident, Barbary sheep. . . . . . . . . . . . . 350.00
Nonresident, oryx. . . . . . . . . . . . . . . . .1,600.00
Nonresident, ibex. . . . . . . . . . . . . . . . .1,600.00
Nonresident, javelina. . . . . . . . . . . . . . . .155.00
Nonresident, fur dealer. . . . . . . . . . . . . . .125.00
Nonresident, trapper. . . . . . . . . . . . . . . . 345.00
Nonresident, nongame. . . . . . . . . . . . . . . . .65.00
Resident, senior, handicapped,
fishing. . . . . . . . . . . . . . . . . . . . . . . 8.00
Resident, junior fishing. . . . . . . . . . . . . . .5.00
Temporary active-duty fishing, five days. . . . . . .12.00
Temporary fishing, one day. . . . . . . . . . . . . 12.00
Temporary fishing, five days. . . . . . . . . . . . .24.00
Resident, senior, handicapped,
game hunting. . . . . . . . . . . . . . . . . . . . .15.00
Resident, junior, game hunting. . . . . . . . . . . .10.00
Temporary active-duty small game, four days. . . . . 16.00
Temporary game hunting, four days. . . . . . . . . .33.00
[Second rod validation . . . . . . . . . . . . . . 4.00.]
Nonresident, junior deer. . . . . . . . . . . . . .143.00
Nonresident, junior elk. . . . . . . . . . . . . . .273.00."
SECTION 2. A new section of Chapter 17, Article 3 NMSA 1978 is enacted to read:
"[NEW MATERIAL] LICENSE FEES AND HABITAT MANAGEMENT.--
A. The department of game and fish shall add the license fees provided for pursuant to Section 17-3-13 NMSA 1978 to the habitat management fee collected pursuant to Section 17-4-34 NMSA 1978 and the big game depredation fee collected pursuant to Section 17-3-13.3 NMSA 1978, and no other fee shall be collected for habitat management. The department of game and fish is authorized to collect these fees in addition to and in conjunction with the collection of the license fees.
B. The state game commission shall not adopt a rule that holds a hunter in violation of Chapter 17 NMSA 1978 for failure to possess a free permit for hunts except those issued through a special drawing.
C. No additional license fee shall be charged for a second fishing rod."
SECTION 3. Section 17-4-34 NMSA 1978 (being Laws 2005, Chapter 177, Section 2) is amended to read:
"17-4-34. HABITAT MANAGEMENT [STAMP] FEE--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] fee. The fee for [a] habitat management [stamp]:
(1) 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] not less than nine dollars ($9.00) for:
[(1)] (a) a resident or nonresident game hunting or fishing license specified in Section 17-3-13 NMSA 1978; or
[(2)] (b) a wildlife-associated recreation permit issued by the state game commission pursuant to Section [17-1-4] 17-1-14 NMSA 1978; provided that the state game commission shall be permitted to modify the habitat management fee; and
(2) shall include not less than one dollar ($1.00) of the habitat management fee to be used for leasing or purchasing of properties or acquisition of easements for hunting, fishing or trapping.
B. Revenue from the [sale of] habitat management [stamps] fee 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] fees 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.
C. Upon appropriation by the legislature, money in the habitat management fund may be expended by the state game commission only for the improvement, maintenance, development and operation of [property] United States forest service and bureau of land management property and property managed pursuant to agreement with the department of game and fish or by the department for fish and wildlife habitat management. The department of game and fish shall enter into agreements with the United States forest service and the bureau of land management prior to expenditure of money to ensure the fund is apportioned for reasonable and appropriate habitat improvement projects on those public lands that are open to hunting and fishing. Not less than five dollars ($5.00) per fee received and appropriated pursuant to this section shall be expended for habitat improvement projects on United States forest service property and bureau of land management property and administrative expenses associated with the cost of employing one full-time program manager and that manager's operational expenses. The department shall not use the fund to cover administrative expenses above those provided for pursuant to this section.
D. A habitat management [stamp] fee shall not be required for persons under the age of eighteen."
SECTION 4. Section 17-2-1 NMSA 1978 (being Laws 1931, Chapter 117, Section 3, as amended) is amended to read:
"17-2-1. COMMISSION POWERS.--The state game commission, in addition to the powers now vested in it and not as a limitation of those powers, is expressly authorized and empowered by regulation 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] fees. 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 5. EFFECTIVE DATE.--The effective date of the provisions of this act is April 1, 2013.
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