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

REQUESTING THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT AND THE DEPARTMENT OF GAME AND FISH TO CONDUCT A STUDY AND PROVIDE RECOMMENDATIONS ON THE MANAGEMENT AND PROTECTION OF WILD HORSES, INCLUDING THE ESTABLISHMENT OF AN EQUINE BOARD.

WHEREAS, the public policy of the state of New Mexico, as expressed in the Wildlife Conservation Act, is to recognize, manage, maintain and enhance wildlife and wildlife habitat; and

WHEREAS, New Mexico is home to several wild horse bands; and

WHEREAS, the actual population of wild horses in the state

is unknown, but the number of horses handled as estrays by the New Mexico livestock board averages seventy-one horses per year, of which approximately fifty percent may be wild horses; and

WHEREAS, the only New Mexico statute specifically pertaining to the management of wild horses is located in The Livestock Code; and

WHEREAS, The Livestock Code was enacted "to promote greater economy, service and efficiency in the administration of the laws relating to the livestock industry of New Mexico,

to control disease, to prevent the theft or illegal movement of livestock and to oversee the New Mexico meat inspection program"; and

WHEREAS, the New Mexico livestock board was created to achieve the purposes of The Livestock Code; and

WHEREAS, the New Mexico livestock board has exercised control over the wild horses of the state, considering them to be estray livestock subject to capture and disposal by the board, but the New Mexico court of appeals has expressly

found that wild horses, not being livestock, are not subject to the laws governing estray livestock; and

WHEREAS, the preservation of wild horse herds has been assigned in statute to the division of mammals of the museum of southwestern biology of the university of New Mexico, but this research institution is not actively engaged in wildlife and wildlife habitat management, let alone wild horse management; and

WHEREAS, the interaction of humans and wild horses has led

to conflict in the management of wild horse herds where fencing

and other interventions have not been used or required; and

WHEREAS, the current statutory scheme regarding wild horses is failing both the wild horses and the residents of this state; and

WHEREAS, an agency empowered to manage wild horses that is separate and apart from the New Mexico livestock board would be better suited to determine the status, needs, habitat requirements and issues of human interaction with wild horses; and

WHEREAS, House Bill 445 (2019) sought to enact the Wild Horse Protection and Habitat Act through which an equine board would be created to appropriately oversee the management and protection of New Mexico's wild horse population and habitat; and

WHEREAS, a dedicated undertaking is needed to assess how the state may best maintain and protect its wild horses and their habitat and to assess whether the establishment of an equine board would best serve this purpose;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the energy, minerals and natural resources department and the department of game and fish, or its successor, be requested to work together, and with other state agencies as appropriate, to conduct a study and provide recommendations on how the state may best manage wild horses and their habitat, including recommendations on the establishment of an equine board dedicated to the maintenance and protection of the wild horse population in the state; and

BE IT FURTHER RESOLVED that a report on the findings of the study and recommendations be presented to the appropriate interim committee by November 1, 2019; and

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the secretary of energy, minerals and natural resources, the director of the department of game and fish and the governor.