SENATE BILL 417

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Jeff Steinborn

AN ACT

RELATING TO WILDLIFE; CLARIFYING THE PURPOSE OF THE STATE GAME COMMISSION; PROVIDING FOR THE MANAGEMENT OF ALL SPECIES OF WILDLIFE.

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

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

     "17-1-1. DECLARATION OF POLICY.--It is the purpose of [this act] Chapter 17 NMSA 1978 and the policy of the state [of New Mexico] to provide [an adequate and flexible system] for the management and protection of the [game and fish] wildlife of New Mexico [and for their use and development for public recreation and food supply] as a resource for the benefit, use and enjoyment of all New Mexicans, including future generations, and to provide for [their] wildlife propagation, [planting] protection, regulation and conservation [to the extent necessary to provide and maintain an adequate supply of game and fish within the state of New Mexico]."

     SECTION 2. Section 17-2-2 NMSA 1978 (being Laws 1937, Chapter 23, Section 1) is repealed and a new Section 17-2-2 NMSA 1978 is enacted to read:

     "17-2-2. [NEW MATERIAL] WILDLIFE TO BE PROTECTED--MANAGEMENT.--The state game commission has authority to protect all species of wildlife, including protected species, furbearers and non-game species by rule or policy. The commission's management and protection of species not required by statute is contingent on sufficient resources. The department of game and fish is not required to respond to or mitigate property damage caused by wildlife unless:

          A. the commission, in its own discretion, adopts a policy or rule to do so; or

          B. otherwise provided by law."

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