SENATE BILL 312

55th legislature - STATE OF NEW MEXICO - first session, 2021

INTRODUCED BY

Jeff Steinborn and Nathan P. Small

 

 

 

 

 

AN ACT

RELATING TO WILDLIFE; RENAMING THE DEPARTMENT OF GAME AND FISH AS THE DEPARTMENT OF WILDLIFE CONSERVATION; RENAMING THE STATE GAME COMMISSION AS THE STATE WILDLIFE CONSERVATION COMMISSION; CHANGING STATUTORY REFERENCES; AMENDING STATUTORY POLICY; ADDING A DEFINITION; INCREASING THE NONRESIDENT LICENSE FEE TO HUNT BULL ELK; ELIMINATING THE OUTFITTER AND GUIDE SPECIAL DRAW LICENSE SET-ASIDE; REVISING THE SPECIAL DRAW LICENSE PERCENTAGES FOR RESIDENTS AND NONRESIDENTS; NARROWING CONDITIONS FOR LANDOWNER TAKING OR KILLING ANIMALS ON PRIVATE LAND; REVISING PENALTIES; PROVIDING FOR TRANSFERS; MAKING AN APPROPRIATION.

 

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

     SECTION 1. Section 7-1-6.6 NMSA 1978 (being Laws 1983, Chapter 211, Section 11) is amended to read:

     "7-1-6.6. DISTRIBUTION--[GAME PROTECTION] WILDLIFE CONSERVATION FUND.--A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the [game protection] wildlife conservation fund of all amounts designated as contributions to that fund under the provisions of Section 7-2-24 NMSA 1978."

     SECTION 2. Section 7-2-24 NMSA 1978 (being Laws 1981, Chapter 343, Section 2, as amended) is amended to read:

     "7-2-24. OPTIONAL DESIGNATION OF TAX REFUND CONTRIBUTION.--

          A. Except as otherwise provided in Subsection C of this section, any individual whose state income tax liability after application of allowable credits and tax rebates in any year is lower than the amount of money held by the department to the credit of such individual for that tax year may designate any portion of the income tax refund due [him] the individual to be paid into the [game protection] wildlife conservation fund. In the case of a joint return, both individuals must make such designation.

          B. The department shall revise the state income tax form to allow the designation of such contributions in substantially the following form:

"New Mexico [Game Protection] Wildlife Conservation Fund--Check ☐ if you wish to contribute a part or all of your tax refund to the [Game Protection] Wildlife Conservation Fund. Enter here $___________the amount of your contribution.".

          C. The provisions of this section do not apply to income tax refunds subject to interception under the provisions of the Tax Refund Intercept Program Act and any designation made under the provisions of this section to such refunds is void."

     SECTION 3. Section 9-5A-3 NMSA 1978 (being Laws 1987, Chapter 234, Section 3, as amended by Laws 1997, Chapter 137, Section 1 and 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) the administrative services division;

                (2) the state parks division;

                (3) the forestry division;

                (4) the energy conservation and management division;

                (5) the mining and minerals division; and

                (6) the oil conservation division.

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

     SECTION 4. Section 9-15-14.1 NMSA 1978 (being Laws 2019, Chapter 117, Section 2, as amended) is amended to read:

     "9-15-14.1. NEW MEXICO OUTDOOR RECREATION DIVISION--DUTIES--DEFINITIONS.--

          A. The New Mexico outdoor recreation division of the department shall:

                (1) increase outdoor recreation-based economic development, tourism and ecotourism in the state;

                (2) recruit out-of-state-based outdoor recreation businesses to locate in New Mexico;

                (3) promote stewardship and preservation of New Mexico's unique environment and cultural assets;

                (4) promote education about and use of outdoor recreation assets to enhance public health; and

                (5) administer the outdoor equity grant program.

          B. The department, the tourism department, the state land office, the Rio Grande trail commission, the state parks division of the energy, minerals and natural resources department, the department of [game and fish] wildlife conservation, the cultural affairs department, the Indian affairs department, the department of health and the department of transportation shall work in conjunction with the New Mexico outdoor recreation division to support the division's duties as they relate to the purposes of the respective departments and agencies.

          C. For the purposes of administering functions of the New Mexico outdoor recreation division:

                (1) "ecotourism" means a form of tourism that involves visiting areas of ecological interest and is intended as a low-impact and often small-scale alternative to standard commercial tourism; and

                (2) "outdoor recreation" means a recreational activity that occurs outdoors in a natural environment, including the use of trails, the natural landscape, water or snow resources or other natural resources in the activity."

     SECTION 5. Section 9-15-14.2 NMSA 1978 (being Laws 2019, Chapter 117, Section 3) is amended to read:

     "9-15-14.2. OUTDOOR RECREATION ADVISORY COMMITTEE--CREATION--MEMBERSHIP--DUTIES.--

          A. The "outdoor recreation advisory committee" is created and administratively attached to the New Mexico outdoor recreation division of the department. The director of the New Mexico outdoor recreation division, or the director's designee, shall serve as the chair of the committee.

          B. The outdoor recreation advisory committee shall be composed of no more than fifteen members appointed by the director of the New Mexico outdoor recreation division. The members of the committee shall include representatives of the outdoor recreation industry, the tourism department, the cultural affairs department, the energy, minerals and natural resources department, the state parks division of the energy, minerals and natural resources department, the department of [game and fish] wildlife conservation and the Indian affairs department.

          C. The members shall serve at the pleasure of the director.

          D. Staff and other administrative support for the outdoor recreation advisory committee shall be provided by the administrative services division of the department.

          E. Members of the outdoor recreation advisory committee are entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act but shall receive no other perquisite, compensation or allowance."

     SECTION 6. Section 9-27-18 NMSA 1978 (being Laws 1971, Chapter 115, Section 2, as amended) is amended to read:

     "9-27-18. PROPERTY TRANSFER.--Ownership of all radio communication property at mountaintop or remote sites, including buildings, towers, antennas, emergency power plants and radio equipment owned by the New Mexico state police division of the department of public safety, department of transportation, department of [game and fish] wildlife conservation and forestry division of the energy, minerals and natural resources department, is transferred to the department of information technology."

     SECTION 7. 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] wildlife conservation 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] wildlife conservation 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 8. Section 13-4A-3 NMSA 1978 (being Laws 1986, Chapter 11, Section 3, as amended) is amended to read:

     "13-4A-3. DEFINITIONS.--As used in the Art in Public Places Act:

          A. "agency" means all state departments and agencies, boards, councils, institutions, commissions and quasi-public corporations, including all state educational institutions enumerated in Article 12, Section 11 of the constitution of New Mexico, and all statutorily created post-secondary educational institutions;

          B. "architect" means the person or firm designing the project for the contracting agency to which the one percent provision pursuant to Section 13-4A-4 NMSA 1978 applies;

          C. "contracting agency" means the agency having the control, management and power to enter into contracts for new construction or renovation of any public building;

          D. "division" means the arts division of the cultural affairs department;

          E. "public buildings" means those buildings under the control and management of the facilities management division of the general services department, the department of [game and fish] wildlife conservation, the energy, minerals and natural resources department, the department of transportation, the state fair commission, the supreme court, the commissioner of public lands, the cultural affairs department, the governing boards of the state educational institutions and statutorily created post-secondary educational institutions, the public education department and the legislature or all buildings constructed with funds appropriated by the legislature. For the purposes of the Art in Public Places Act, "public buildings" does not include such auxiliary buildings as maintenance plants, correctional facilities, warehouses or temporary structures; and

          F. "work of art" means any work of visual art, including [but not limited to] a drawing, painting, mural, fresco, sculpture, mosaic or photograph; a work of calligraphy; a work of graphic art, including an etching, lithograph, offset print, silk screen or a work of graphic art of like nature; works in clay, textile, fiber, wood, metal, plastic, glass and like materials; or mixed media, including a collage or assemblage or any combination of the foregoing art media that is chosen to be included in or immediately adjoining the public building under consideration. Under special circumstances, the term may include environmental landscaping if approved by the division."

     SECTION 9. Section 15-3B-2 NMSA 1978 (being Laws 1972, Chapter 74, Section 2, as amended) is amended to read:

     "15-3B-2. DEFINITIONS.--As used in the Property Control Act:

          A. "capital outlay project" means the acquisition, improvement, alteration or reconstruction of assets of a long-term character that are intended to continue to be held or used, including land, buildings, machinery, furniture and equipment. A "capital outlay project" includes all proposed expenditures related to the entire undertaking;

          B. "department" means the general services department;

          C. "director" means the director of the division;

          D. "division" means the facilities management division of the department;

          E. "jurisdiction" means all state buildings and land except those under the control and management of the state armory board, the border authority, the cultural affairs department, the state fair commission, the department of [game and fish] wildlife conservation, the department of transportation, the commissioner of public lands, the state parks division of the energy, minerals and natural resources department, the state institutions of higher learning, regional education cooperatives, the New Mexico school for the deaf, the New Mexico school for the blind and visually impaired, the judicial branch, the legislative branch, property acquired by the economic development department pursuant to the Statewide Economic Development Finance Act and property acquired by the public school facilities authority pursuant to the Public School Capital Outlay Act; and

          F. "secretary" means the secretary of general services."

     SECTION 10. Section 15-8-6 NMSA 1978 (being Laws 1994, Chapter 119, Section 6, as amended) is amended to read:

     "15-8-6. STATE VEHICLES--USE--MARKINGS--STATE GOVERNMENT PLATES.--

          A. The division shall adopt rules governing the use of vehicles used by state agencies or by other persons pursuant to Subsection I of this section, including driver requirements and responsibilities, under what circumstances someone can be assigned a state vehicle on a permanent or semipermanent basis and when custody of a state vehicle can be vested in another state agency.

          B. The division may determine that it is impractical to retain custody of certain state vehicles, and it may provide that custody reside in another state agency in the following cases:

                (1) the state vehicle is used for emergency or law enforcement purposes; or

                (2) the state vehicle is a department of transportation, energy, minerals and natural resources department, department of [game and fish] wildlife conservation or homeland security and emergency management department passenger vehicle, truck or tractor or heavy road equipment.

          C. Except as provided in Subsections F, G and H of this section, all state vehicles shall be marked as state vehicles. Each side of the vehicle shall be marked, in letters not less than two inches in height, with the following designation of ownership: "State of New Mexico, ....... Department" or "State of New Mexico Department of ........." and naming the department using the vehicle.

          D. Except as provided in Subsections F, G and H of this section, all state vehicles shall have specially designed government registration plates.

          E. Except as provided in Subsections F, G and H of this section, all state vehicles owned or in the custody of state agencies that have law enforcement functions shall be marked and have state government registration plates.

          F. State vehicles used for legitimate undercover law enforcement purposes are exempt from the requirements of Subsections C, D and E of this section and may be issued an undercover license plate when it is determined by the division that issuance of such a license plate is necessary to protect legitimate undercover law enforcement activities.

          G. State vehicles used for sensitive activities other than legitimate undercover law enforcement purposes are exempt from the requirements of Subsections C, D and E of this section and may be issued a protective license plate when it is determined by the division that issuance of such a license plate is necessary to protect the health, safety or welfare of a state employee using a state-owned vehicle for sensitive activities. The standards for the issuance of a protective license plate pursuant to this subsection shall be determined by rule jointly promulgated by the division and the motor vehicle division of the taxation and revenue department.

          H. A state agency may seek custody of state vehicles as an exception to Subsection B of this section or an exemption to the provisions of Subsection C of this section by making a written request to the director, specifying the reasons for the proposed custody or exemption. The director may approve the custody or exemption, in writing, indicating the duration and any conditions of the custody or exemption.

          I. The division shall adopt rules permitting individuals enrolled in the state's adaptive driving program to use special-use state vehicles for evaluation and training purposes in that program."

     SECTION 11. 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 and permitted by rules adopted by the secretary. Such 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 rules of the state [game] wildlife conservation commission;

          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 rules of the state [game] wildlife conservation commission;

          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 that is authorized and that the person has lighted or caused to be lighted or under 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 the person has lighted or that has been left in 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 the person to do it; or

          G. violate a rule adopted by the secretary pursuant to the provisions of Chapter 16, Article 2 NMSA 1978 when the violation has caused or contributed to the cause of an accident resulting in injury or death to a person or disappearance of a person."

    SECTION 12. Section 16-4-5 NMSA 1978 (being Laws 1977, Chapter 242, Section 5, as amended) is amended to read:

    "16-4-5. MANAGEMENT.--

         A. The secretary shall administer the state-administered segment of El Rio Chama scenic and pastoral river and shall develop, by rule [and regulation] and after public hearings, a management plan and guidelines to realize the scenic and pastoral objectives of El Rio Chama Scenic and Pastoral Act. The plan shall be prepared in cooperation with the appropriate federal agencies and shall include among other things:

             (1) consideration for cooperative management arrangements between state and federal authorities; and

             (2) measures to control recreational use of the designated river to protect the river's natural values.

         B. The secretary shall seek the assistance and aid of the state [game] wildlife conservation commission for resource and recreation management within the state-administered segment of El Rio Chama scenic and pastoral river.

         C. The secretary shall report annually to the governor and to the legislature concerning the development and the administration of the cooperative federal-state management plan."

    SECTION 13. Section 16-4-13 NMSA 1978 (being Laws 1983, Chapter 18, Section 5, as amended) is amended to read:

    "16-4-13. MANAGEMENT.--

         A. The provisions of the Rio Grande Valley State Park Act shall not take effect until the secretary has fully executed a management agreement with an operating party and shall cease to be in effect if the management agreement is terminated. The management agreement shall include a map delineating the boundaries of the park. The park shall be established when the management agreement is signed by the secretary and the designated representative of the operating party. A provision of the management agreement shall require twelve months' written notice prior to any termination taking effect.

         B. The operating party shall administer the Rio Grande Valley state park. The operating party shall develop, after public hearings, a management plan, for approval by the secretary, [which] that is consistent with the provisions of the feasibility study previously prepared that satisfies the requirements of Subsection G of Section 16-2-11 NMSA 1978, to realize the objectives of the Rio Grande Valley State Park Act. The plan shall be prepared in cooperation with the appropriate federal, state and local agencies and shall include among other things:

             (1) consideration for cooperative management arrangements between state, federal, conservancy, flood control and municipal authorities;

             (2) measures to control recreational use of the designated river to protect the river's natural values; and

             (3) measures to minimize any adverse impact to the park caused by public transportation or other public improvement projects to be located in close proximity to the park.

         C. The operating party may seek the assistance and aid of the [game and fish] department of wildlife conservation for resource and wildlife management within the Rio Grande Valley state park."

    SECTION 14. 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 protection of the game and fish of New Mexico and for their use and development for public recreation and food supply and to provide for their 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] to provide for the conservation and management of the state's wildlife as a public trust resource with intrinsic and ecological value, for the benefit, use, enjoyment and food supply of all New Mexicans, including future generations, regardless of wealth, privilege or land ownership."

    SECTION 15. Section 17-1-2 NMSA 1978 (being Laws 1921, Chapter 35, Section 2, as amended) is amended to read:

    "17-1-2. STATE [GAME] WILDLIFE CONSERVATION COMMISSION--APPOINTMENT--TERM.--

         A. To carry out the purpose of Chapter 17 NMSA 1978 and all other acts for like purpose, there is created a "state [game] wildlife conservation commission" of seven members, not more than four of whom shall be of the same political party at the time of their appointment. The members of the commission shall be appointed by the governor with the advice and consent of the senate. The term of office for each member of the commission shall be four years. At the time of making the first appointments, the governor shall designate the commissioners' terms as being one, two, three or four years so that the term of no more than two commissioners shall expire each year.

         B. In making appointments to the state [game] wildlife conservation commission, one member shall be appointed from each of the following districts:

             [A.] (1) district one: Curry, De Baca, Roosevelt, Chaves, Lincoln, Otero, Eddy and Lea counties;

             [B.] (2) district two: Catron, Socorro, Grant, Hidalgo, Luna, Sierra and Dona Ana counties;

             [C.] (3) district three: San Juan, McKinley, Cibola, Valencia, Sandoval, Los Alamos and Rio Arriba counties;

             [D.] (4) district four: Santa Fe, Taos, Colfax, Union, Mora, Harding, Quay, San Miguel, Guadalupe and Torrance counties; and

             [E.] (5) district five: Bernalillo county.

The remaining two members shall be appointed at-large. At least one member of the commission shall manage and operate a farm or ranch that contains at least two species of wildlife on that part [which] that is deeded land requiring licensing prior to legal pursuit under the provisions of Section 17-3-2 NMSA 1978. At least one member shall have a demonstrated history of involvement in wildlife and habitat protection issues and [whose] have activities or occupation [are] not in conflict with wildlife and habitat advocacy.

         C. The state [game] wildlife conservation commission as provided in Chapter 17 NMSA 1978 shall have the same authority, powers and duties as now vested in the state [game] wildlife conservation commission by law, and each member of the state [game] wildlife conservation commission shall serve until [his] a successor has been appointed and qualified."

    SECTION 16. Section 17-1-3 NMSA 1978 (being Laws 1921, Chapter 35, Section 3, as amended) is amended to read:

    "17-1-3. MEMBERS TO SERVE WITHOUT COMPENSATION--PER DIEM AND MILEAGE.--The members of the state [game] wildlife conservation commission shall receive no pay for their services as members of the commission, but shall be allowed per diem and mileage pursuant to the provisions of the Per Diem and Mileage Act. All salaries, per diem and contingent expenses incurred by the department of [game and fish] wildlife conservation or the state [game] wildlife conservation commission shall be paid upon warrants of the secretary of finance and administration, supported by vouchers of the director of the department of [game and fish] wildlife conservation."

    SECTION 17. Section 17-1-4 NMSA 1978 (being Laws 1921, Chapter 35, Section 4) is amended to read:

    "17-1-4. ORGANIZATION--MEETINGS--SECRETARY.--[Within sixty days after this act shall take effect] The state [game] wildlife conservation commission shall [meet at the capitol and organize by electing] elect from its membership a [chairman] chair and [thereafter] hold one meeting [shall be held] annually and [others] additional meetings at the call of the governor or a majority of the commission. The [state game warden] director of the department of wildlife conservation shall be secretary of the commission."

    SECTION 18. 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] WILDLIFE CONSERVATION CREATED.--

         A. The state [game] wildlife conservation commission shall employ a director 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] wildlife, and who shall prescribe their duties respectively, and who with the advice and consent of the state [game] wildlife conservation commission shall fix the compensation of all the employees of the "department of [game and fish] wildlife conservation", which is hereby created.

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

    SECTION 19. 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--DUTIES.--

         A. The "conservation services division" is created within the department of [game and fish] wildlife conservation.

         B. The conservation services division 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 20. 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] wildlife conservation the position of reserve conservation officer, which shall be a nonsalaried position."

    SECTION 21. 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] wildlife conservation 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] wildlife conservation.

         [(b)] B. The director of the department of wildlife conservation may substitute a minimum of six [months] months' experience as an employee of a state or federal conservation agency 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 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 22. 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] wildlife conservation and subject to such restrictions as may be provided by the state [game] wildlife conservation commission, reserve conservation officers shall have authority to enforce laws and [valid regulations] rules of the [state game] commission relating to [game and fish] wildlife 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] wildlife conservation. 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] wildlife.

         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 23. Section 17-1-10 NMSA 1978 (being Laws 1955, Chapter 181, Section 4) is amended to read:

    "17-1-10. COMMISSION ISSUANCE--REVOCATION.--Reserve conservation officer commissions shall be issued annually to such persons meeting the qualifications prescribed in Section [2] 17-1-8 NMSA 1978 as may be deemed necessary or desirable by the director of the department of [game and fish] wildlife conservation. Such commissions may be revoked at any time by [said] the director at [his descretion] the director's discretion."

    SECTION 24. 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 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] wildlife conservation commission shall expand current insurance coverage to provide protection in such situations."

    SECTION 25. 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 department of wildlife conservation shall keep a seal of office [which] that shall be used to authenticate all papers and documents issued and executed by [him] the director as such officer."

    SECTION 26. Section 17-1-14 NMSA 1978 (being Laws 1921, Chapter 35, Section 7, as amended) is amended to read:

    "17-1-14. GENERAL POWERS AND DUTIES OF STATE [GAME] WILDLIFE CONSERVATION COMMISSION--[GAME PROTECTION] WILDLIFE CONSERVATION FUND--LIABILITY SUSPENSE ACCOUNT.--

         A. The state [game] wildlife conservation commission 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] wildlife, which money shall be paid over to the state treasurer to the credit of the [game protection] wildlife conservation 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] wildlife conservation fund, the department of [game and fish] wildlife conservation 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] wildlife conservation 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] wildlife conservation commission shall have authority to:

             (1) establish and, through the director of the department of [game and fish] wildlife conservation, 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] wildlife conservation fund;

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

             (3) establish [game] wildlife refuges for the purpose of providing safe sanctuaries in which [game] wildlife 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] wildlife 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] wildlife conservation fund;

             (5) receive by gift or bequest, in the name and on behalf of the state, lands suitable for [game] wildlife 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] wildlife 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] wildlife conservation commission 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] wildlife 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 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] wildlife conservation commission for the suspension, revocation or withholding of license privileges for a definite period of time for 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] and 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 that 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] wildlife conservation 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;

                  (c) quarantine, treatment or destruction of an infected game animal;

                  (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;

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

             (18) adopt rules to recruit, train and accept the services of volunteers for education and outreach activities, hunter and angler services and wildlife conservation activities administered by the department of [game and fish] wildlife conservation; provided that a volunteer:

                  (a) shall comply with all policies and procedures of the director of the department of [game and fish] wildlife conservation; and

                  (b) shall not be deemed to be a state employee and shall not be subject to the provisions of law relating to state employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation and state employee benefits.

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

         D. The state [game] wildlife conservation commission 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] wildlife refuge, rest ground or closed water or closed area or during any closed season established or proclaimed by the state [game] wildlife conservation commission 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 27. Section 17-1-15 NMSA 1978 (being Laws 1931, Chapter 117, Section 6, as amended) is amended to read:

    "17-1-15. DISBURSEMENT OF MONEY--LIMITATION ON EXPENDITURES.--

         A. All disbursements [of moneys, including salaries] by the state [game] wildlife conservation commission shall be by warrant of the secretary of finance and administration, supported by itemized voucher, [certified to be correct by the state game] signed by the director of the department of wildlife conservation or the director's authorized representative, and shall be paid out of [moneys] money in the [game protection] wildlife conservation fund.

         B. Expenditures by the state [game] wildlife conservation commission shall be limited to [funds] money available in the [game protection] wildlife conservation fund, and neither the [state game] commission nor any employee [thereof] of the department of wildlife conservation shall incur or authorize any obligation for the payment of which sufficient funds are not then available in the [game protection] wildlife conservation fund.

         C. The state shall not be liable for any obligation created by the state [game] wildlife conservation commission or the department of wildlife conservation or any employee [thereof] of the commission or the department, except to the extent of [such game protection] the wildlife conservation fund.

         D. Neither the state [game] wildlife conservation commission nor any employee [thereof] of the commission or the department shall issue any voucher, nor shall the secretary of finance and administration approve any such voucher, for the payment of which [moneys are] money is not then available in the [game protection] wildlife conservation fund."

    SECTION 28. Section 17-1-16 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 18, Section 1) is amended to read:

    "17-1-16. SHORT TITLE.--[This act] Sections 17-1-16 through 17-1-25 NMSA 1978 may be cited as the "[Game and Fish] Wildlife Bond Act"."

    SECTION 29. Section 17-1-17 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 18, Section 2) is amended to read:

    "17-1-17. PURPOSE OF ACT.--The purpose of the [Game and Fish] Wildlife Bond Act is to provide for use of revenues derived from fees for hunting and fishing licenses to issue bonds to provide for fish hatcheries and rearing facilities, [game and fish] wildlife habitat acquisition, development and improvement projects and other similar capital outlay projects."

    SECTION 30. 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] wildlife conservation commission, by vote of a majority of its full membership entered in its minutes, determines by resolution that it is necessary to raise funds to provide for fish hatcheries and rearing facilities, [game and fish] wildlife habitat acquisition, development and improvement projects or other similar capital outlay projects, the commission may issue and sell bonds of the state [of New Mexico] as provided in the [Game and Fish] Wildlife Bond Act; provided that the total amount of [such] bonds issued under the authority of [this] the Wildlife Bond Act shall not exceed two million dollars ($2,000,000). The purposes stated by the commission and the amount of each bond issue shall be approved by the state board of finance before issuance of the bonds. The commission shall report annually to the legislature any bonds issued pursuant to [this] the Wildlife Bond Act and the purpose for which issued."

    SECTION 31. 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] Wildlife 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] wildlife conservation commission 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] wildlife conservation commission, 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] chair of the state [game] wildlife conservation commission 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 32. 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] Wildlife Bond Act shall be sold at public or private sale as determined by the state [game] wildlife conservation commission. If sold at public sale, the [chairman] chair of the commission 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 33. Section 17-1-21 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 18, Section 6) is amended to read:

    "17-1-21. PROCEEDS FROM SALE OF BONDS.--Proceeds from the sale of bonds issued under the [Game and Fish] Wildlife Bond Act shall be deposited in a special fund in the state treasury and used solely for the purposes for which the bonds were authorized. The cost of preparing, advertising and selling the bonds, including any necessary expense for financial and legal services, shall be paid out of the proceeds. Purchasers of the bonds are not responsible in any way for the application of the proceeds."

    SECTION 34. 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] wildlife bond retirement fund". The state [game] wildlife conservation commission shall place into the [game and fish] wildlife bond retirement fund the sum of one dollar ($1.00) from the sale of each license enumerated in this subsection [that is sold after April 1, 1976]:

             (1) resident, fishing;

             (2) resident, game hunting;

             (3) resident, deer;

             (4) resident, game hunting and fishing;

             (5) resident, trapper;

             (6) nonresident, fishing;

             (7) nonresident, game hunting;

             (8) temporary fishing, five days; and

             (9) nonresident, deer.

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

         B. Money in the [game and fish] wildlife bond retirement fund is first pledged for the payment of principal and interest on all state [game] wildlife conservation commission bonds [which] that have been issued and are outstanding prior to June 17, 1983. Money in the [game and fish] wildlife bond retirement fund is [further] pledged for the payment of principal and interest on all state [game] wildlife conservation commission bonds issued [as of June 17, 1983] pursuant to the Wildlife Bond Act. The issuance and sale of bonds [under] pursuant to the [Game and Fish] Wildlife Bond Act constitutes an irrevocable contract between the state [game] wildlife conservation commission 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] Wildlife Bond Act are payable solely from the [game and fish] wildlife bond retirement fund, and they are not general obligations of the state.

         D. The state [game] wildlife conservation commission shall [continue to] place in the [game and fish] wildlife 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 35. 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] WILDLIFE CAPITAL OUTLAY FUND--CREATED--TRANSFER OF MONEY--STATE BOARD OF FINANCE APPROVAL.--

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

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

         C. Money in the [game and fish] wildlife capital outlay fund may be expended by the department of [game and fish] wildlife conservation to provide for fish hatcheries and rearing facilities, [game and fish] wildlife 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] wildlife conservation commission and the state board of finance prior to any money being encumbered for the project.

         E. At any time that the [game and fish] wildlife 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] wildlife capital outlay fund shall be transferred to the [game and fish] wildlife bond retirement fund."

    SECTION 36. 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] Wildlife Bond Act is full authority for authorization and issuance by the state [game] wildlife conservation commission of bonds authorized by the state board of finance, and the commission may do anything necessary to carry out the powers granted by the [Game and Fish] Wildlife Bond Act."

    SECTION 37. Section 17-1-24 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 18, Section 9) is amended to read:

    "17-1-24. TAX EXEMPTIONS.--The principal and income of bonds issued under the [Game and Fish] Wildlife Bond Act are exempt from all taxation by the state or any of its political subdivisions, except for inheritance and succession taxes."

    SECTION 38. 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] Wildlife Bond Act may be refunded under the terms of resolutions adopted by the state [game] wildlife conservation commission, 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] Wildlife Bond Act for issuance of the original bonds."

    SECTION 39. Section 17-1-26 NMSA 1978 (being Laws 1931, Chapter 117, Section 2, as amended) is amended to read:

    "17-1-26. RULEMAKING POWER.--The state [game] wildlife conservation commission is [hereby] authorized and directed to make [such] rules [and regulations] and establish [such] service 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] wildlife protected pursuant to Chapter 17 NMSA 1978 or by commission rule as provided by Section 17-2-2 NMSA 1978. The rules may include, as applicable, when, where, by what means and to what extent, if at all, [and by what means game animals, birds and fish] protected wildlife may be hunted, taken, captured, killed, possessed, released, bartered, sold, purchased [and], shipped and imported into or exported from the state. [game and fish] In making such rules, the state wildlife conservation commission shall give due [regard to the zones of temperatures and to the distribution, abundance, economic value and breeding habits of such game animals, birds and fish] consideration to the regarding species' population size and trends, habitat availability, migration and hibernation, response to near- and long-term changes in climate conditions and conservation actions necessary to sustain healthy populations.

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

    SECTION 40. 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] wildlife conservation commission 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 thereunder."

    SECTION 41. 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] wildlife conservation commission is authorized to receive any [moneys] money to which the state of New Mexico may become entitled under the [aforesaid] act of congress entitled "An act to provide that the United States shall aid the states in wildlife restoration projects, and for other purposes", approved September 2, 1937 (Public Number 415, 75th Congress). 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] wildlife conservation fund, expended for the purpose designated and withdrawn [and] as other [moneys are] money is withdrawn from the [state game protection] wildlife conservation fund."

    SECTION 42. 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] wildlife conservation 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] 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 that may be used in hunting, taking or killing game animals, game birds and game fish;

         F. prescribe rules 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;

         G. prescribe rules that embody the principles of fair chase, which rules may include prohibitions on the use of certain technologies for hunting or fishing and specific wildlife location data that is collected by the department of [game and fish] wildlife conservation or its contractors; and

         H. 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 apply."

    SECTION 43. 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.--

         A. The state wildlife conservation commission is authorized to extend protection by rule or policy to any species of wildlife not protected by statute pursuant to Chapter 17 NMSA 1978. The department of wildlife conservation is not required to respond to or mitigate property damage caused by wildlife unless:

             (1) the commission, in its own discretion, adopts a policy or rule to do so; or

             (2) as otherwise provided by law.

         B. When determining whether and how to protect a species of wildlife, the state wildlife conservation commission shall give due consideration to:

             (1) whether a species qualifies as a species of greatest conservation need pursuant to criteria set forth in Section 147 of this 2021 act;

             (2) the science-based reasons for protection of a species; and

             (3) the rules and management programs that would potentially accompany protected status.

         C. As used in this section, "wildlife" means a living animal, or any part, egg, spawn, offspring, shed antlers or horns, or the dead body or parts thereof, of any nondomestic mammal, bird, reptile, amphibian, fish or invertebrate species."

    SECTION 44. Section 17-2-4.1 NMSA 1978 (being Laws 1999, Chapter 31, Section 1) is amended to read:

    "17-2-4.1. JAGUAR TO BE PROTECTED.--In the event the jaguar is de-listed as a federal endangered species, the [department of game and fish] wildlife conservation commission shall prohibit the taking, possession and sale of jaguars or parts thereof."

    SECTION 45. 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] wildlife conservation commission.

         B. The state [game] wildlife conservation commission 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] wildlife conservation commission determines that it will offer permits to take or capture native, free-ranging amphibians or reptiles, the commission 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] wildlife conservation commission.

         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 46. Section 17-2-5 NMSA 1978 (being Laws 1931, Chapter 117, Section 4, as amended) is amended to read:

    "17-2-5. ADOPTION OF [REGULATIONS] RULES--EFFECTIVE DATE.--Any [written regulation] rule of the state [game] wildlife conservation commission adopted by an affirmative vote of a majority of the members of the state [game] wildlife conservation commission, signed by the [chairman] chair and attested by the secretary of the commission, filed in the office of the director of the department of [game and fish] wildlife conservation and filed in accordance with [Section 4-10-13 New Mexico Statutes Annotated, 1953 Compilation] the State Rules Act, is duly adopted and promulgated and effective immediately. A copy of any [regulation] rule certified by the director of the department of [game and fish] wildlife conservation to be a true copy of an adopted [regulation] rule is prima facie evidence in any court in this state of the adoption and promulgation of the [regulation] rule."

    SECTION 47. Section 17-2-6 NMSA 1978 (being Laws 1921, Chapter 35, Section 8, as amended) is amended to read:

    "17-2-6. [GAME AND FISH] WILDLIFE MANAGEMENT AREAS--CLOSED LAKES OR STREAMS--NOTICE.--All [game and fish] wildlife management areas, rest grounds and closed lakes or streams or closed portions of lakes or streams shall be conspicuously posted with posters setting forth their purpose and the penalties for violating the rules [and regulations] applicable to them. This posting is legal notice against the violation of applicable laws or rules [or regulations]."

    SECTION 48. 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] wildlife conservation commission 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] wildlife conservation, 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 49. 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] wildlife conservation commission, the license, certificate or permit shall be subject to revocation by the commission 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] operations or a law enforcement officer in pursuit of [his] official duties."

    SECTION 50. 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

RESPONSIBILITIES.--

         A. A landowner or lessee, or 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] wildlife conservation within twenty-four hours and before the removal of the carcass of the animal killed, in accordance with [regulations] rules adopted by the commission.

         B. A landowner or lessee, or employee of either, may take or kill [animals] 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 [present] has damaged or presents a threat [to human life or] of damage to property, including crops, according to [regulations] rules adopted by the commission.

         C. The [regulations] rules promulgated by the commission pursuant to Subsection B of this section shall:

             (1) provide when, whether and by what manner and method a species can be taken or killed in order to mitigate damage;

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

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

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

             [(4)] (5) require the department 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 and the landowner, within five days of that agreement;

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

             [(6)] (7) 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 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.] D. For purposes of this section:

             (1) "commission" means the state [game] wildlife conservation commission;

             (2) "department" means the department of [game and fish] wildlife conservation; and

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

    SECTION 51. Section 17-2-8 NMSA 1978 (being Laws 1977, Chapter 70, Section 1, as amended) is amended to read:

    "17-2-8. UNLAWFUL TAKING OF BIG GAME AND WASTE OF GAME.--

         A. It is unlawful for any person:

             (1) who hunts or fishes and takes any game mammal designated in [Paragraphs] Paragraph (1), (2), (3), [or] (4), (9) or (10) of Subsection A of Section 17-2-3 NMSA 1978, any game bird or any game fish to fail to transport the edible portions of the meat obtained to the person's home for human consumption or to provide for the human consumption thereof under any commission [regulations] rules pertaining to exportation, transportation and donation of game;

             (2) who wounds or may have wounded any game mammal designated in [Paragraphs] Paragraph (1), (2), (3), [or] (4), (9) or (10) of Subsection A of Section 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; or

             (3) to take or kill a bighorn sheep, ibex, oryx, Barbary sheep, elk, deer or pronghorn antelope, javelina, bear or cougar outside of the legal season or without a valid license, which taking or killing results in waste of the animal. Waste of the animal consists of removing from the animal only the head, antlers or horns of a bighorn sheep, ibex, oryx, Barbary sheep, elk, deer, pronghorn antelope or javelina, the pelt or head of a bear or cougar or abandoning any of the four quarters, backstraps or tenderloins of the carcass. A violation of the provisions of this paragraph is intended to be separate from and cumulative to any other violation of Chapter 17 NMSA 1978.

         B. Violation of Paragraph (3) of Subsection A of this section is a fourth degree felony pursuant to Section 31-18-15 NMSA 1978, and violation of Paragraph (1) or (2) of Subsection A of this section is a misdemeanor pursuant to Section 17-2-10 NMSA 1978."

    SECTION 52. 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] wildlife conservation commission. 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 53. 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] WILDLIFE LAWS OR RULES--PENALTIES.--

         A. A person violating any of the provisions of Chapter 17 NMSA 1978, except for the felony provision of Section 17-2-8 NMSA 1978, or any rules adopted by the state [game] wildlife conservation commission 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 shall be sentenced pursuant to Section 31-19-1 NMSA 1978. 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, except for the felony provision of Section 17-2-8 NMSA 1978, or any rules adopted by the state [game] wildlife conservation commission 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 shall be sentenced pursuant to Section 31-19-1 NMSA 1978. 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);

             (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 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, except for the felony provision of Section 17-2-8 NMSA 1978, or any rules adopted by the state [game] wildlife conservation commission 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 shall be sentenced to imprisonment in the county jail for a term of not less than ninety days, which shall not be suspended or deferred. 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);

             (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 one thousand two hundred dollars ($1,200);

             (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. A person who is convicted of a violation of any rules adopted by the state [game] wildlife conservation commission or of a violation of any of the provisions of Chapter 17 NMSA 1978, except for the felony provision of Section 17-2-8 NMSA 1978, for which a punishment is not set forth under this section, is guilty of a misdemeanor and shall be fined or imprisoned pursuant to Section 31-19-1 NMSA 1978.

         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 employee of either of them, who kills an animal on private land, in which [they have] the landowner or lessee 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] wildlife conservation 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."

    SECTION 54. Section 17-2-10.1 NMSA 1978 (being Laws 1995, Chapter 177, Section 1, as amended) is amended to read:

    "17-2-10.1. [GAME AND FISH] WILDLIFE 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, hunting or trapping

  without the proper stamp or

  validation as required by law

  or adopted by state [game]

  wildlife conservation

  commission rule                17-2-7          $ 50.00

Fishing without a license       17-3-17         $ 75.00

Hunting small game without

  a license                      17-3-1          $100.00

Manner and method rule

  infraction contrary to

  adoption by state [game]

  wildlife conservation

  commission rule                17-2-7          $125.00.

          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 and validation 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] wildlife conservation shall issue the appropriate license and validation."

     SECTION 55. 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] WILDLIFE 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] wildlife conservation commission 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 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 56. 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] WILDLIFE PENALTY ASSESSMENT--LICENSE REVOCATION.--

          A. The state [game] wildlife conservation commission 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] wildlife conservation commission 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 57. Section 17-2-10.4 NMSA 1978 (being Laws 1995, Chapter 177, Section 4) is amended to read:

     "17-2-10.4. [GAME AND FISH] WILDLIFE PENALTY ASSESSMENT REVENUE--DISPOSITION.--The department of [game and fish] wildlife conservation shall remit all penalty assessment receipts to the state treasurer to be credited to the [game protection] wildlife conservation fund in accordance with the provisions of Section 17-1-14 NMSA 1978."

     SECTION 58. 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] 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 department of wildlife conservation 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 59. 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, [humming birds] 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] wildlife conservation."

     SECTION 60. 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] wildlife conservation 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] wildlife conservation; or

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

          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] wildlife conservation, 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 61. Section 17-2-17 NMSA 1978 (being Laws 1912, Chapter 85, Section 26, as amended) is amended to read:

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

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

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

          [(3)] C. when there is attached [thereto] to the wildlife a proper and valid certificate or permit signed by the [State Warden or deputy] director of the department of wildlife conservation or conservation officer and on its face authorizing storage of the article named therein and during the period therein stated."

     SECTION 62. Section 17-2-18 NMSA 1978 (being Laws 1912, Chapter 85, Section 28, as amended) is amended to read:

     "17-2-18. [GAME--FISH] HOTELS--NAMING ON MENU--EVIDENCE.--[SEC. 28.] The naming of [game and fish] wildlife upon any menu or bill of fare as food for patrons shall be prima facie evidence of the possession of the [same] wildlife by the proprietor of [such] the hotel, restaurant, cafe or boarding house."

     SECTION 63. 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] WILDLIFE LAWS--POWERS OF

CONSERVATION OFFICERS.--

          A. The director of the department of [game and fish] wildlife conservation, 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] wildlife 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] wildlife 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] wildlife conservation commission and the director of the department of [game and fish] wildlife conservation:

                (1) establish from time to time, as needed for the proper functioning of the [game and fish] wildlife research and management division, checking stations at points along established roads, or roadblocks, for the purpose of detecting and apprehending persons violating the [game and fish] wildlife 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;

                     (c) Section 30-15-1 NMSA 1978 pertaining to criminal damage to property;

                     (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 64. 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] wildlife 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 department of wildlife conservation to use such means as may be proper for the promotion of [game and fish] wildlife propagation and culture [nor] or as authorizing the seizure or destruction of firearms."

     SECTION 65. 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] rule of the state [game] wildlife conservation commission; and

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

     SECTION 66. Section 17-2-21 NMSA 1978 (being Laws 1912, Chapter 85, Section 23, as amended) is amended to read:

     "17-2-21. [GAME FISH] WILDLIFE--SEIZED BY OFFICERS--DISPOSAL [OF]--PROCEEDS.--[SEC. 23.] All [game and fish] wildlife seized under the [game] wildlife laws shall without unnecessary delay be sold by the officer making [such] the seizure or by the [State Warden] director of the department of wildlife conservation, except when such sale is impracticable or likely to incur expenses exceeding the proceeds, in which case the [same] wildlife 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] wildlife 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 or any [deputy] conservation officer under salary, be paid into the [game protection] wildlife conservation 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 67. Section 17-2-22 NMSA 1978 (being Laws 1963, Chapter 216, Section 1) is amended to read:

     "17-2-22. SALE OF EVIDENCE IN CASES OF APPEAL.--

          A. For the purpose of avoiding waste, [game] wildlife or fish confiscated and held as evidence in any prosecution for violation of the [game] wildlife laws, if fit for human consumption, shall be sold by the conservation officer or other officer having jurisdiction in the prosecution as soon as possible after the filing of any appeal from the decision of the court to any higher court.

          B. The evidence shall be sold for the highest cash price offered and the proceeds of the sale forwarded to the main office of the department of [game and fish] wildlife conservation at Santa Fe to be deposited in the [game protection] wildlife conservation fund. A copy of the receipt of sale shall be delivered to the court and shall be attached to the papers forwarded to the higher court on appeal.

          C. If the higher court finds the defendant to be not guilty of the charge, [he] the defendant shall be reimbursed within ten days after [such] the decision by the department of [game and fish] wildlife conservation for the full amount of the proceeds from the sale of evidence."

     SECTION 68. Section 17-2-23 NMSA 1978 (being Laws 1912, Chapter 85, Section 24, as amended) is amended to read:

     "17-2-23. [GAME--FISH] SEIZURE--SALE--OFFICER REPORT.--[SEC. 24. In all cases] The officer making a seizure or sale shall, within ten days thereafter, report all the particulars thereof and an itemized statement of the proceeds, expenses and fees and the disposition thereof and pay the remainder of the proceeds, if any, to the state treasurer to be [by him] paid into the [game protection] wildlife conservation fund."

     SECTION 69. Section 17-2-25 NMSA 1978 (being Laws 1912, Chapter 85, Section 37, as amended) is amended to read:

     "17-2-25. [GAME--FISH--WHEN IN] POSSESSION BY PASSENGER--COMMON CARRIER NOT LIABLE.--[SEC. 37.] Nothing in [this] Chapter 17 NMSA 1978 shall make a common carrier liable for transportation of [game and fish] wildlife when [same] the wildlife is in the possession of a passenger, but such fact shall not exempt the [same] wildlife from seizure if unlawfully taken, killed, held in possession or transported."

     SECTION 70. 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] wildlife conservation, or any other officer charged with enforcement of the laws relating to [game and fish] wildlife 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] wildlife conservation commission shall establish damages recoverable by civil judgment on a game animal, bird or fish designated to be a trophy animal by commission rule.

           C. Damages recovered pursuant to this section are intended to compensate the state for the loss of unique public resources and shall not be limited or reduced by the extent of fines assessed pursuant to any criminal statute. The department of [game and fish] wildlife conservation shall not award or issue a license, permit or certificate to a debtor owing damages pursuant to this section until the judgment has been paid in full to the department.

          D. No verdict or judgment recovered by the state in an action shall be for less than the sum fixed in this section. The action for damages may be joined with an action 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] wildlife.

          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] wildlife conservation 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."

     SECTION 71. Section 17-2-31 NMSA 1978 (being Laws 1951, Chapter 171, Section 1, as amended) is amended to read:

     "17-2-31. USE OF ARTIFICIAL LIGHT WHILE HUNTING PROHIBITED.--It is unlawful for a person or a group of persons together in possession or control of a firearm or other implement to throw or cast the rays of a spotlight or other artificial light into any field, pasture, woodland, forest or prairie where big game or domestic livestock may be, or are reasonably expected to be, whereby any big game animal or domestic animal could be killed by aid of an artificial light. However, the following shall be exempt from the provisions of this section:

          A. an officer authorized to enforce the [game] wildlife and livestock laws of the state;

          B. a government employee acting in an official capacity;

          C. a landowner or lessee or employee of such landowner or lessee, while on the land owned or leased in connection with legitimate activities; or

          D. a person who has received a permit or authorization from the department of [game and fish] wildlife conservation to conduct such activities."

     SECTION 72. Section 17-2-32 NMSA 1978 (being Laws 1963, Chapter 150, Section 1) is amended to read:

     "17-2-32. DISEASED RABBITS--HUNTING AND TRAPPING.--The department of [game and fish] wildlife conservation may restrict hunting and trapping of rabbits in any area when notified by the department of [public] health that rabbits in the area are infected with bubonic plague. Any restriction under this section shall be terminated when the department of [public] health notifies the department of [game and fish] wildlife conservation that danger of public health significance no longer exists in the area with respect to these diseased rabbits."

     SECTION 73. 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] wildlife conservation; 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] wildlife conservation.

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

     SECTION 74. 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] wildlife conservation 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 may cooperate with the [superintendent] secretary of public [instruction] education or any reputable association or organization as determined by the department and having as one of its objectives the promotion of safety in firearm handling.

          B. The department of [game and fish] wildlife conservation 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] wildlife conservation 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 by the instructor, the department 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] wildlife conservation for such cause as determined by [regulation] rule of the department to be unsafe handling of a firearm.

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

     SECTION 75. Section 17-2-35 NMSA 1978 (being Laws 1971, Chapter 61, Section 4, as amended) is amended to read:

     "17-2-35. EXEMPTION.--Nothing in the Hunter Training Act shall prohibit any person from carrying or shooting a firearm while participating in an organized and supervised shooting program, or while under the immediate and direct supervision of a parent, guardian or responsible adult, or while participating in a course of instruction in the safe handling of firearms offered by the department of [game and fish] wildlife conservation. However, no exemption shall permit hunting without possession of a valid hunter training certificate."

     SECTION 76. Section 17-2-36 NMSA 1978 (being Laws 1971, Chapter 61, Section 1) is amended to read:

     "17-2-36. SHORT TITLE.--[This act] Sections 17-2-33 through 17-2-36 NMSA 1978 may be cited as the "Hunter Training Act"."

     SECTION 77. 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] wildlife conservation commission;

          B. "director" means the director of the department of [game and fish] wildlife conservation;

          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 Endangered Species Act of 1973 as endangered species, provided that the commission 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] people;

          E. "investigation" means a process pursuant to Subsections B through L of Section 17-2-40 NMSA 1978 undertaken whenever the director 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. "species" means any species or subspecies;

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

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

          M. "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 Endangered Species Act of 1973 as threatened species; provided that the commission adopts the list in whole or in part; and

          N. "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] a living animal, or any part, egg, spawn, offspring, shed antlers or horns, or the dead body or parts thereof, of any nondomestic mammal, bird, reptile, amphibian, fish or invertebrate species."

     SECTION 78. Section 17-2-39 NMSA 1978 (being Laws 1974, Chapter 83, Section 3, as amended) is amended to read:

     "17-2-39. FINDINGS AND DECLARATIONS.--The legislature finds and declares that:

          A. species of wildlife indigenous to the state that may be found to be threatened or endangered should be managed to maintain and, to the extent possible, enhance their numbers within the carrying capacity of the habitat;

          B. the state should assist in the management of species of wildlife that are deemed to be endangered elsewhere by prohibiting the taking, possession, transportation, exportation, processing, sale or offering for sale or shipment within this state of species of wildlife listed on the United States lists of endangered fish and wildlife, unless such actions will assist in preserving or propagating the species;

          C. adequate funding [should] shall be made available to the department of [game and fish] wildlife conservation by annual appropriations from the general fund or from other sources separate and apart from the [game protection] wildlife conservation fund for management of threatened or endangered species; and

          D. because the management and recovery of threatened or endangered species are the responsibility of and a benefit to all of society, the costs of management and recovery should be the responsibility of all sectors of society, and those costs should be minimized and should be borne by federal, state and local governments with contributions from the private sector."

     SECTION 79. 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 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 the commission determines that the proposed plan has achieved the objectives set forth in Subsection E of this section, it 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 80. 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] wildlife conservation commission 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 81. Section 17-2A-3 NMSA 1978 (being Laws 1996, Chapter 89, Section 5, as amended) is amended to read:

     "17-2A-3. HUNTING GUIDES AND OUTFITTERS.--

          A. [Effective April 1, 1997] It is unlawful to be a hunting guide or outfitter in New Mexico without being registered, except for a private landowner or [his] the landowner's authorized agent who outfits or guides pursuant to a landowner permit issued by the department of [game and fish] wildlife conservation for the landowner's property or for the landowner's shared private and public unit.

          B. The state [game] wildlife conservation commission shall adopt [regulations by September 1, 1997] rules to govern the granting of non-interim registration, permits and certificates to hunting guides and outfitters and to regulate the operations and professional conduct of registered hunting guides and outfitters. [Regulations] Rules shall be adopted in accordance with the following procedures and standards:

                (1) the commission shall establish dates and locations for a public hearing and provide reasonable prior public notice of a hearing. A public hearing shall be held at a place within any quadrant of the state affected by the proposed [regulation] rule when the commission determines there is substantial public interest in holding a hearing in that quadrant;

                (2) a hearing shall be held within six months of the date a proposed [regulation] rule is issued;

                (3) notice of a hearing shall:

                     (a) include the date, time and location of the hearing;

                     (b) include a statement of the recommended action;

                     (c) include an indication of the location and availability of the public file on the [regulation] rule;

                     (d) indicate where and by what date written and oral comments and testimony may be received; and

                     (e) specify that the public record shall remain open for comments for thirty days after the date of the final hearing; and

                (4) the commission shall make its decision and take action based upon relevant and reliable evidence.

          C. No person shall be allowed to work as a registered hunting guide or outfitter in New Mexico:

                (1) without being registered by the state [game] wildlife conservation commission;

                (2) if the person has had a guide or outfitter license, registration, permit or certificate revoked in another state;

                (3) if the person has had a guide or outfitter license, registration, permit or certificate suspended in another state and it has not been reinstated; or

                (4) if the person has been convicted of a felony.

          D. The state [game] wildlife conservation commission shall develop a point system for the suspension or revocation of a guide or outfitter registration. The point system shall be similar to the point system that governs individual hunting and fishing license privileges.

          E. To be granted a registration to be a guide, an applicant shall, in addition to any other reasonable criteria adopted by the state [game] wildlife conservation commission, and except as provided for persons granted an interim registration:

                (1) be at least eighteen years of age; and

                (2) pass a written or oral examination approved by the department of [game and fish] wildlife conservation at a date and time approved by the department.

          F. A registered or interim registered guide shall work only under the supervision of a New Mexico registered or interim registered outfitter and in an area designated by the registered or interim registered outfitter.

          G. The department of [game and fish] wildlife conservation may provide a registration for a temporary emergency guide, provided the registration is limited to a maximum seven-day period and is granted only in emergency circumstances as determined by the department. The fee for a temporary emergency guide registration is ten dollars ($10.00).

          H. To be granted a registration to be an outfitter, an applicant shall, in addition to any other reasonable criteria adopted by the state [game] wildlife conservation commission, and except as provided for persons granted an interim registration:

                (1) be at least twenty-one years of age;

                (2) have operated as a New Mexico registered guide for at least three years or have been granted an interim outfitter's registration;

                (3) not be a convicted felon or have a history of violation of federal or state [game and fish] wildlife laws or [regulations] rules or federal or state guide or outfitter licensing or registration laws or [regulations] rules; and

                (4) pass a written or oral examination approved by the department of [game and fish] wildlife conservation at a date and time determined by the department.

          I. A registered outfitter shall:

                (1) provide proof of commercial liability insurance of at least five hundred thousand dollars ($500,000);

                (2) responsibly supervise each registered guide working under [his] the outfitter's direction;

                (3) provide a written contract for outfitting services, signed by the registered outfitter and identifying the outfitter's registration number, to each resident and nonresident who seeks to use the services of a registered outfitter;

                (4) register with the taxation and revenue department and provide proof of that registration to the department of [game and fish] wildlife conservation; and

                (5) provide at least one registered guide or outfitter for every four or fewer resident or nonresident hunters who have contracted for an outfitter's guided services.

          J. The department of [game and fish] wildlife conservation shall provide to the taxation and revenue department a copy of each outfitter registration that is granted.

          K. Except as provided in this subsection, no person shall be allowed to charge a processing or other fee to obtain for a resident or nonresident a license that is granted from a special drawing for a hunt on public lands pursuant to the provisions of Section 17-3-16 NMSA 1978, except that nothing in this subsection shall prohibit the department of [game and fish] wildlife conservation from collecting an application fee. Persons involved in licensing services, booking agencies or license brokering that do not provide direct guide and outfitter services shall not be required to register with the department of [game and fish] wildlife conservation and may charge a fee, other than the application fee for a license, for their services.

          L. A New Mexico resident registered outfitter shall be a registered outfitter who is a resident as defined in Section 17-3-4 NMSA 1978. The state [game] wildlife conservation commission shall adopt [regulations] rules that set forth additional requirements and that shall include at a minimum that a resident registered outfitter shall maintain a business address in New Mexico and, except as provided in Subsection Q of this section, derive at least fifty percent of [his] the outfitter's guiding or outfitting income from guiding or outfitting in New Mexico, as determined by gross receipts or corporate or individual income tax returns for the immediately preceding three years.

          M. The department of [game and fish] wildlife conservation shall maintain for public distribution a list of New Mexico registered outfitters.

          N. The annual registration fee for a registered guide in New Mexico is fifty dollars ($50.00) for a resident and one hundred dollars ($100) for a nonresident.

          O. The annual registration fee to be a registered outfitter in New Mexico is five hundred dollars ($500) for either a resident or a nonresident.

          P. Annual registration fees for guides and outfitters shall be deposited in the [game protection] wildlife conservation fund.

          Q. A resident interim registered or registered outfitter may apply for inactive status of [his] the registration for any period in which [he] the outfitter does not operate as an outfitter. The state [game] wildlife conservation commission shall reactivate an outfitter registration at the request of the outfitter and upon proof that the outfitter complies with the provisions of this section and upon payment of the annual registration fee for the year the registration is being reinstated and payment of a reinstatement fee of not to exceed fifty dollars ($50.00).

          [R. The state game commission shall adopt by September 1, 1996 interim regulations, consistent to the greatest extent practicable with the provisions of this section, to provide for the granting of interim registrations to guides and outfitters. The commission shall issue interim registrations prior to mailing applications for 1997 licensed hunts to persons who qualify for interim registration and submit applications to the department of game and fish.

          S.] R. A person adversely affected by an action, other than a [regulation] rule, taken pursuant to the provisions of this section, including the denial, suspension or revocation of a registration, license, permit or certificate, may seek review of the action pursuant to the provisions of the Uniform Licensing Act.

          [T.] S. A person adversely affected by a [regulation] rule adopted by the state [game] wildlife conservation commission pursuant to this section may appeal to the court of appeals. All appeals shall be made upon the record at the hearing and shall be taken to the court of appeals within thirty days following the date of the action. The date of the action shall be the date of the filing of the [regulation] rule by the commission, pursuant to the provisions of the State Rules Act.

          [U.] T. Upon appeal, the court of appeals shall set aside a [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.

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

                (1) by the state [game] wildlife conservation commission; or

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

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

     SECTION 82. Section 17-3-2 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 17, Section 2, as amended) is amended to read:

     "17-3-2. CLASSES OF LICENSES.--

          A. As used with reference to licenses in Chapter 17 NMSA 1978:

                (1) "fishing" entitles the licensee to fish for game fish during the open seasons for each species;

                (2) "game hunting" entitles the licensee to hunt game birds, other than wild turkey, and squirrel during the open seasons for each and to apply for or purchase a license to hunt for deer, antelope, elk, bighorn sheep, Barbary sheep, javelina, bear, oryx, ibex, cougar and wild turkey;

                (3) "deer" entitles the licensee to hunt deer during the open season;

                (4) "antelope" entitles the licensee to hunt antelope during the open season;

                (5) "elk" entitles the licensee to hunt elk during the open season;

                (6) "bighorn sheep" entitles the licensee to hunt bighorn sheep during the open season;

                (7) "Barbary sheep" entitles the licensee to hunt Barbary sheep during the open season;

                (8) "javelina" entitles the licensee to hunt javelina during the open season;

                (9) "bear" entitles the licensee to hunt bear during the open season;

                (10) "nongame" entitles the licensee to hunt or take any animal or bird not protected by law;

                (11) "temporary fishing" entitles the licensee to fish for game fish during a specific period of time indicated on the license;

                (12) "oryx" entitles the licensee to hunt oryx during the open season;

                (13) "ibex" entitles the licensee to hunt ibex during the open season;

                (14) "cougar" entitles the licensee to hunt cougar during the open season;

                (15) "turkey" entitles the licensee to hunt turkey during the open season;

                (16) "special season turkey" entitles the licensee to hunt turkey during special seasons designated by the state [game] wildlife conservation commission;

                (17) "quality elk" entitles the licensee to hunt elk during a special quality elk season, to be established by the state [game] wildlife conservation commission, when the timing of the season and hunter density is specially regulated and the elk population is managed with an intent to provide the licensee an increased opportunity to take a mature elk;

                (18) "quality deer" entitles the licensee to hunt deer during a special quality deer season, to be established by the state [game] wildlife conservation commission, when the timing of the season and hunter density is specially regulated and the deer population is managed with an intent to provide the licensee an increased opportunity to take a mature deer;

                (19) "temporary game hunting" entitles the licensee to hunt game birds, except wild turkey, and squirrel during a specific period of time indicated on the license;

                (20) "second rod" entitles the licensee to fish using two fishing rods to fish for game fish during the open seasons for each species; and

                (21) "fishing and game hunting combination" entitles the licensee to hunt squirrel and game birds, other than wild turkey, and to fish for game fish during the open season for each.

          B. A hunting license does not entitle the licensee to hunt, kill or take game animals or birds within or upon a park or enclosure licensed or posted as provided by law or within or upon a privately owned enclosure without consent of the owner or within or upon a [game] wildlife refuge or [game] wildlife management area.

          C. A fishing license does not entitle the licensee to fish for or take fish within or upon a park or enclosure licensed or posted as provided by law or within or upon a privately owned enclosure without consent of the owner or in or on closed waters.

          D. A junior fishing license may be purchased by a resident who has reached the age of twelve years but has not reached the age of eighteen years. A junior fishing license entitles the licensee to fish for game fish during the open season for each species.

          E. A senior fishing license may be purchased by a resident who has reached the age of sixty-five years. A senior fishing license entitles the licensee to fish for game fish during the open season for each species.

          F. A nonresident junior fishing license may be purchased by a nonresident who has reached the age of twelve years but has not reached the age of eighteen years. A nonresident junior fishing license entitles the licensee to fish for game fish during the open season for each species.

          G. A senior game hunting license may be purchased by a resident who has reached the age of sixty-five years. A senior game hunting license entitles the licensee to hunt for squirrel and game birds, other than wild turkey, during the open seasons for each species and to apply for or purchase a license to hunt for deer, antelope, elk, bighorn sheep, Barbary sheep, javelina, bear, oryx, ibex, cougar and wild turkey.

          H. A junior, resident or nonresident, game hunting license may be purchased by a person who has not reached the age of eighteen years. A junior game hunting license entitles the licensee to hunt for squirrel and game birds, other than wild turkey, during the open seasons for each species and to apply for or purchase a license to hunt for deer, antelope, elk, bighorn sheep, Barbary sheep, javelina, bear, oryx, ibex, cougar and wild turkey.

          I. A handicapped fishing license may be purchased by a resident who has a severe physical impairment that substantially limits one or more major life activities and who can furnish adequate proof of this disability to the state [game] wildlife conservation commission. A handicapped fishing license may be purchased by a resident who has a developmental disability as defined in Subsection H of Section 43-1-3 NMSA 1978 and who can furnish adequate proof of this disability to the state [game] wildlife conservation commission. A handicapped fishing license entitles the licensee to fish for game fish during the open season for each species.

          J. A handicapped game hunting license may be purchased by a resident who has a severe physical impairment that substantially limits one or more major life activities and who can furnish adequate proof of this disability to the state [game] wildlife conservation commission. A handicapped game hunting license entitles the licensee to hunt for squirrel and game birds, other than wild turkey, during the open season for each species and to apply for or purchase a license to hunt for deer, antelope, elk, bighorn sheep, Barbary sheep, javelina, bear, oryx, ibex, cougar and wild turkey.

          K. A fishing license may be obtained at no cost by a resident who has reached the age of seventy years.

          L. A second rod validation may be purchased by either a resident or nonresident. A second rod validation entitles the licensee to fish using two rods for game fish during the open season for each species.

          M. A junior-senior elk license may be purchased by a resident who has not reached the age of eighteen years or by a resident who has reached the age of sixty-five years. A junior-senior elk license entitles the licensee to hunt for elk during the open season for that species.

          N. A junior-senior deer license may be purchased by a resident who is younger than eighteen years or older than sixty-five years. A junior-senior deer license entitles the licensee to hunt for deer during the open season for that species.

          O. A junior or senior fishing and game hunting combination license may be purchased by a resident who is younger than eighteen years or older than sixty-five years. A junior or senior fishing and game hunting combination license entitles the licensee to fish for game fish or hunt for squirrel and game birds, other than wild turkey, during the open seasons for each species and to apply for or purchase a license to hunt for deer, antelope, elk, bighorn sheep, Barbary sheep, javelina, bear, oryx, ibex, cougar and wild turkey.

          P. Except for a resident, disabled veteran, fishing and game hunting combination license issued pursuant to Section 17-3-13 NMSA 1978, a New Mexico resident who is a veteran of the United States military or who is active duty military is eligible for a fifty percent discount on any license, permit or stamp purchase upon valid proof of service as determined by the state [game] wildlife conservation commission."

     SECTION 83. Section 17-3-5 NMSA 1978 (being Laws 1923, Chapter 129, Section 1, as amended) is amended to read:

     "17-3-5. APPLICATION FOR HUNTING OR FISHING LICENSES--CONTENTS--FILING.--

          A. The director of the department of [game and fish] wildlife conservation shall prepare and furnish blank applications for all persons applying for fishing or hunting licenses within the state. Except as provided in Subsection B or E of this section, each person, before receiving any fishing or hunting license, shall make application on a blank so provided. Among other matters that may be shown by the application, a statement shall show the exact residence of the applicant. Except as provided in Subsection B or E of this section, the application shall be signed by the applicant. All applications for licenses shall be filed with and issued by license vendors appointed by the director. All fishing and hunting licenses and the applications therefor shall contain the place of residence of the person to whom any license may be issued.

          B. License vendors, as authorized by the director of the department of [game and fish] wildlife conservation, may take applications for hunting and fishing licenses or authorizations via telephone or the internet. The vendor or applicant shall fill out a license application with the same information as required for other applications. The vendor shall mail the license to the applicant, and the license shall be in the possession of the hunter or angler unless otherwise provided in Chapter 17 NMSA 1978. All money collected through telephone or internet sales shall be remitted to the director by the tenth day of the month following the sale. An individual receiving a license pursuant to this subsection is not required to sign an application prior to issuance of the license; provided, however, that the individual is subject to prosecution pursuant to Section 17-3-6 NMSA 1978 for any false or fraudulent statement or other misrepresentation as if the individual had signed an application for license.

          C. Upon request, an applicant for a fishing or game hunting license shall receive an authorization number as assigned by the director of the department of [game and fish] wildlife conservation through the vendor. The authorization number may be used in lieu of the actual license only by the individual who applies and meets the requirements for a license. The authorization number shall serve as a license for the purposes of Sections 17-3-1 and 17-3-17 NMSA 1978. It is a misdemeanor to hunt or fish with an invalid authorization number or a number issued to another person.

          D. Each license vendor authorized to sell licenses via telephone or internet may collect the actual cost, not to exceed five dollars ($5.00), of shipping and handling the application and license issuance.

          E. The director of the department of [game and fish] wildlife conservation may prepare and furnish an electronic application for all persons applying for hunting license drawings. A person making an electronic application is not required to sign an application prior to issuance of the license; provided that the person is subject to prosecution pursuant to Section 17-3-6 NMSA 1978 for any false or fraudulent statement or other misrepresentation as if the person had signed an application."

     SECTION 84. 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] wildlife conservation 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 that the fee shall be just and reasonable, as determined by [regulation] rule of the state [game] wildlife conservation commission, 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] wildlife conservation 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] wildlife conservation 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] wildlife conservation shall turn over all money so received to the state treasurer to be credited to the [game protection] wildlife conservation fund.

           F. The director of the department of [game and fish] wildlife conservation, in the director's sole discretion, may authorize a refund of the amount of a hunting license fee from the [game and fish] wildlife 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;

                (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; or

                (3) the director cancels a hunt due to forest fire or other natural disaster.

          G. The director of the department of [game and fish] wildlife conservation, 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] wildlife conservation commission.

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

     SECTION 85. Section 17-3-8 NMSA 1978 (being Laws 1959, Chapter 144, Section 1) is amended to read:

     "17-3-8. LOSS OF APPLICATION BLANKS BY LICENSE COLLECTOR--ACCOUNTING.--In the event that a license collector [shall lose] loses any of the application blanks for hunting or fishing licenses issued to [him] the license collector by the director of the department of [game and fish, he] wildlife conservation, the license collector shall immediately notify the director of the loss of the blanks and [he shall] inform the director of the number and the serial number of each of the application blanks lost."

     SECTION 86. Section 17-3-9 NMSA 1978 (being Laws 1959, Chapter 144, Section 2) is amended to read:

     "17-3-9. APPLICATION BLANKS LOST BY LICENSE COLLECTOR TO BE VOID.--Upon the receipt of a notice from the license collector that an application blank has been lost, the director of the department of [game and fish] wildlife conservation shall immediately declare the blank void. The director shall notify the various conservation officers throughout the state and such other persons as [he shall deem] the director deems necessary that the application blanks containing the serial numbers reported by the license collector are void."

     SECTION 87. Section 17-3-10 NMSA 1978 (being Laws 1959, Chapter 144, Section 3) is amended to read:

     "17-3-10. PRESUMPTION OF [LOSS] SALE.--In any case where a license collector has notified the director of the department of [game and fish] wildlife conservation of the loss of an application blank for hunting or fishing licenses, it shall be presumed that the blank has been sold."

     SECTION 88. Section 17-3-11 NMSA 1978 (being Laws 1959, Chapter 144, Section 4) is amended to read:

     "17-3-11. POSSESSION OF LICENSE DECLARED VOID IS UNLAWFUL.--Any person in possession of a hunting or fishing license [containing the] that contains a serial number [which] that was reported by the collector as [the] an application blank [which] that was lost and [which was] declared void by the director of the department of [game and fish] wildlife conservation and [the license] that was not validly issued to [him shall be] that person is guilty of a misdemeanor."

     SECTION 89. 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] wildlife conservation commission shall determine the extent of liability of the vendor, and the decision of the commission shall be final."

     SECTION 90. Section 17-3-13 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 17, Section 5, as amended) is amended to read:

     "17-3-13. LICENSE FEES.--

          A. The director of the department of [game and fish] wildlife conservation 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] rule of the state [game] wildlife conservation commission.

          B. The director of the department of [game and fish] wildlife conservation 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, 

     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] 700.00

     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 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 game hunting, four days. . . . . . . . . . 33.00

     Second rod validation. . . . . . . . . . . . . . .  4.00."

     SECTION 91. Section 17-3-13.1 NMSA 1978 (being Laws 1981, Chapter 344, Section 1) is amended to read:

     "17-3-13.1. DISABLED VETERAN--LICENSE FEE EXEMPTION--LIFETIME LICENSE.--

          A. The director of the department of [game and fish] wildlife conservation shall issue without a fee a general hunting and fishing license and class A trout stamp to any resident who was one hundred percent disabled as a result of having served in the armed forces of the United States, upon submission by the person of proof satisfactory to the state wildlife conservation commission that [he] the person was one hundred percent disabled as a result of having served in the armed forces of the United States.

          B. Any license and stamp issued pursuant to the provisions of Subsection A of this section shall be issued only once, but shall be issued for the life of the licensee, provided the licensee is a resident of New Mexico and provided the licensee notifies the director of the department of [game and fish] wildlife conservation promptly of any change of residence within or outside the state.

          C. Any person holding a license and stamp under the provisions of this section shall be subject to all applicable hunting and fishing [regulations] rules, provisions and penalties of Chapter 17 NMSA 1978."

     SECTION 92. Section 17-3-13.3 NMSA 1978 (being Laws 2001, Chapter 213, Section 1) is amended to read:

     "17-3-13.3. BIG GAME DEPREDATION DAMAGE STAMP REQUIRED--DISPOSITION OF RECEIPTS.--

          A. Each license to hunt big game shall include a big game depredation damage stamp. The department of [game and fish] wildlife conservation shall, by rule, set the fee for the stamp; provided that the fee shall not exceed five dollars ($5.00) for each resident license or ten dollars ($10.00) for each nonresident license.

          B. No license to hunt big game shall be considered to be a proper and valid license unless it indicates, by a stamp, check off or other official mark, that the fee for the big game depredation damage stamp has been paid.

          C. Revenues received by the department of [game and fish] wildlife conservation from the sale of big game depredation damage stamps shall be deposited to the credit of the big game depredation damage fund."

     SECTION 93. Section 17-3-13.4 NMSA 1978 (being Laws 2001, Chapter 213, Section 2) is amended to read:

     "17-3-13.4. BIG GAME DEPREDATION DAMAGE FUND--CREATION--EXPENDITURE.--

          A. The "big game depredation damage fund" is created in the state treasury. The fund consists of appropriations made to the fund, revenues received by the department of [game and fish] wildlife conservation from the sale of big game depredation damage stamps and earnings from the investment of the fund. The fund shall be administered by the department, and money in the fund is appropriated to the department to carry out the provisions of Subsection B of this section. Payments from the fund shall be by warrant of the secretary of finance and administration upon vouchers signed by the director of the department or [his] the director's authorized representative. Balances in the fund shall not revert to any other fund.

          B. The department of [game and fish] wildlife conservation shall, by rule, establish a program to correct damage to federal, state or private land caused by big game and to prevent such damage in the future. Pursuant to rules adopted by the department, expenditures from the big game depredation damage fund shall be made by the department to carry out the established program [provided that money in the fund shall not be expended for any administrative costs]."

     SECTION 94. 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] wildlife conservation commission 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."

     SECTION 95. Section 17-3-13.6 NMSA 1978 (being Laws 2010, Chapter 72, Section 1) is amended to read:

     "17-3-13.6. DISABLED MILITARY MEMBERS AND VETERANS-- FISHING LICENSE FEE EXEMPTION.--The director of the department of [game and fish] wildlife conservation shall issue without any fee on an annual or seasonal basis a fishing license and appropriate habitat management stamp to a disabled member or veteran of the United States armed forces who is undergoing a rehabilitation program that:

          A. involves learning and practicing fishing skills;

          B. is sponsored by the federal government or a nonprofit organization authorized by the federal government; and

          C. is under the direction of a military or federal veterans administration rehabilitation center."

     SECTION 96. Section 17-3-14 NMSA 1978 (being Laws 1959, Chapter 143, Section 1, as amended) is amended to read:

     "17-3-14. DIRECTOR AUTHORIZED TO ISSUE LICENSE WHEN AGREEMENT TO HUNT ANTELOPE ON DEEDED OR LEASED PROPERTY IS MADE.--In any case where the department of [game and fish] wildlife conservation enters into an agreement with the owner of deeded property or the lessee of property held under a grazing lease to obtain permission for the hunting of antelope on the property, the director of the department of [game and fish] wildlife conservation is authorized to issue an antelope license free of charge to the owner or lessee of the property in consideration for the permission to hunt on the property."

     SECTION 97. 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] wildlife conservation shall issue landowner permits for the lawful taking of elk in accordance with [regulations] rules of the state [game] wildlife conservation commission."

     SECTION 98. 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] wildlife conservation 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] wildlife conservation commission."

     SECTION 99. 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] wildlife conservation commission 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 100. Section 17-3-16 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 17, Section 7, as amended) is amended to read:

     "17-3-16. FUNDS--SPECIAL DRAWINGS FOR LICENSES.--

          A. The director of the department of [game and fish] wildlife conservation may provide special envelopes and application blanks when a special drawing is to be held to determine the persons to receive licenses. Money required to be submitted with these applications, if enclosed in the special envelopes, need not be deposited with the state treasurer but may be held by the director until the successful applicants are determined. At that time, the fees of the successful applicants shall be deposited with the state treasurer and the fees submitted by the unsuccessful applicants shall be returned to them.

          B. Beginning with the licenses issued from a special drawing for a hunt code that commences on or after [April 1, 2012,

                (1) licenses shall be issued as follows:

                     (a) ten percent of the licenses to be drawn by nonresidents and residents who will be contracted with a New Mexico outfitter prior to application; and

                     (b) six percent of the licenses to be drawn by nonresidents who are not required to be contracted with an outfitter; and

                (2) a minimum of eighty-four] April 1, 2022, a minimum of ninety percent of the licenses shall be issued to residents of New Mexico.

          C. If the number of resident applicants who apply for licenses [pursuant to the provisions of Paragraphs (1) and (2) of Subsection B of this section] does not constitute at least ninety percent of the allocated licenses [for either category], then the additional licenses available may be granted to another category of applicants. The director of the department of wildlife conservation shall offer first choice of undersubscribed hunts to residents, whenever practicable.

          [D. If the determination of the percentages in Subsection B of this section yields a fraction of:

                (1) five-tenths or greater, the number of licenses to be issued shall be rounded up to the next whole number; and

                (2) less than five-tenths, the number of licenses shall be rounded down to the next whole number.

          E.] D. The fee for a nonresident license for a special drawing in a high-demand hunt [covered in Subsection B of this section] shall be assessed at the same rate as a license for nonresident quality elk or quality deer. As used in this subsection, "high-demand hunt" means:

                (1) a hunt where the total number of nonresident applicants for a hunt code in each unit exceeds twenty-two percent of the total applicants and where the total applicants for a hunt exceeds the number of licenses available based on application data indicating that this criteria occurred in each of the two immediately preceding years; or

                (2) an additional hunt code designated by the department of [game and fish] wildlife conservation as a quality hunt.

          [F.] E. All antlerless elk hunts pursuant to this section shall be exclusively for New Mexico residents.

          [G.] F. Hunts on all state wildlife management areas shall be allocated exclusively to New Mexico residents.

          [H. As used in this section, "New Mexico outfitter" means a person who has a business:

                (1) with a valid New Mexico state, county or municipal business registration and a valid outfitter license issued by the department of game and fish;

                (2) that is authorized to do and is doing outfitting business under the laws of this state;

                (3) that has paid property taxes or rent on real property in New Mexico, paid gross receipts taxes and paid at least one other tax administered by the taxation and revenue department in each of the three years immediately preceding the submission of an affidavit to the department of game and fish;

                (4) the majority of which is owned by the person who has resided in New Mexico during the three-year period immediately preceding the submission of an affidavit to the department of game and fish;

                (5) that employs at least eighty percent of the total personnel of the business who are New Mexico residents; and

                (6) that has either leased property for ten years or purchased property greater than fifty thousand dollars ($50,000) in value in New Mexico;

                (7) that, if it has changed its name from that of a previously certified business, the business is identical in every way to the previously certified business that meets all criteria;

                (8) that possesses all required federal or state land use permits for the hunt; and

                (9) that operates as a hunting guide service during which at least two days are accompanied with the client in the area where the license is valid.]"

     SECTION 101. 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] wildlife conservation commission shall direct the department of [game and fish] wildlife conservation to authorize not more than four of the permits available for issuance in the license year for the taking of four bighorn rams for the purpose of raising funds for programs and projects to benefit bighorn sheep.

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

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

     SECTION 102. 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] wildlife conservation commission shall direct the department of [game and fish] wildlife conservation to 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] wildlife conservation commission 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 or by an incorporated nonprofit organization dedicated to conservation of wildlife, as determined by the commission, and shall be sold to the highest bidder. The issuance of the other permit shall be subject to a lottery by the department or by an incorporated nonprofit organization dedicated to conservation of wildlife, as determined by the commission.

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

     SECTION 103. 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] wildlife conservation commission shall direct the department of [game and fish] wildlife conservation to 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] wildlife conservation commission 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 or by an incorporated nonprofit organization dedicated to conservation of wildlife, as determined by the commission, and shall be sold to the highest bidder. The issuance of the other permit shall be subject to a lottery by the department or by an incorporated nonprofit organization dedicated to conservation of wildlife, as determined by the commission.

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

     SECTION 104. 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] wildlife conservation commission may direct the department of [game and fish] wildlife conservation to 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] wildlife conservation commission 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] wildlife conservation.

          C. The state [game] wildlife conservation commission shall direct the department of [game and fish] wildlife conservation to authorize Gould's turkey enhancement permits only after the department 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] wildlife conservation 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 105. 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] wildlife conservation 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] wildlife conservation commission. 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] wildlife conservation commission. 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] wildlife conservation fund."

     SECTION 106. 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] wildlife conservation commission shall adopt rules for the department of [game and fish] wildlife conservation 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] wildlife conservation 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] wildlife conservation fund and shall be used exclusively for big game habitat enhancement, conservation and protection."

     SECTION 107. 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 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 carrying a proper fishing license, is prima facie evidence of the violation of this section. The director of the department of [game and fish] wildlife conservation 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 the person's license.

          B. The director, with the approval of the state [game] wildlife conservation commission, 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.

          C. The director may designate, by special permit, fishing events during which the requirement for a fishing license or permit pursuant to Chapter 17 NMSA 1978 is waived exclusively for designated event participants. During the special permitted events, residents and nonresidents may exercise only the privileges as allowed by the director. The director's special permit shall substitute for the requirement of any license or permit pursuant to Chapter 17 NMSA 1978, and no payment of any license fee is required. The director's special permit shall be for a period of no longer than three days, and all other laws and rules shall apply."

     SECTION 108. Section 17-3-18 NMSA 1978 (being Laws 1977, Chapter 180, Section 4) is amended to read:

     "17-3-18. DIRECTOR AUTHORIZED TO ISSUE FISHING PERMIT WITHOUT LICENSE TO CERTAIN HANDICAPPED PERSONS.--The director of the department of [game and fish] wildlife conservation is authorized to issue a fishing permit without a license to any group of mentally or physically handicapped persons who participate in a field trip of less than one week's duration under the supervision provided by a special institution or school for handicapped persons."

     SECTION 109. Section 17-3-20 NMSA 1978 (being Laws 1949, Chapter 149, Section 2, as amended) is amended to read:

     "17-3-20. FEE DISPOSITION.--Of the two dollars ($2.00) collected for each temporary license issued pursuant to Section 17-3-19 NMSA 1978, one dollar fifty cents ($1.50) shall be paid to the department of [game and fish] wildlife conservation to be credited to the [game protection] wildlife conservation fund and fifty cents ($.50) shall be paid to the vendor of the license."

     SECTION 110. 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] wildlife conservation commission."

     SECTION 111. Section 17-3-22 NMSA 1978 (being Laws 1949, Chapter 149, Section 4) is amended to read:

     "17-3-22. ADMINISTRATION.--The [state game and fish] department of wildlife conservation is hereby charged with the proper administration of [this Act] Sections 17-3-19 through 17-3-22 NMSA 1978."

     SECTION 112. 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] wildlife conservation commission."

     SECTION 113. 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] wildlife conservation commission a license therefor as provided in Sections 17-3-26 through 17-3-28 NMSA 1978."

     SECTION 114. 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] wildlife conservation commission for a license. The application shall be upon forms provided by the commission 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] wildlife conservation commission. Upon receipt of the application, it [shall be] is the duty of the state [game] wildlife conservation commission or, when [it] the commission is not in session, the director of the department of [game and fish] wildlife conservation 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] wildlife conservation 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 115. 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] wildlife conservation commission [of the state of New Mexico]."

     SECTION 116. Section 17-3-30 NMSA 1978 (being Laws 1912, Chapter 85, Section 43, as amended) is amended to read:

     "17-3-30. [GAME FISH WARDEN MAY TRANSMIT SPECIMENS] WILDLIFE FURNISHED TO OTHER STATES.--[SEC. 43.] The [State Warden] director of the department of wildlife conservation may, upon application from the [game and fish warden] director 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 117. Section 17-3-31 NMSA 1978 (being Laws 1919, Chapter 133, Section 9) is amended to read:

     "17-3-31. PERMIT TO CAPTURE OR DESTROY GAME DAMAGING PROPERTY--BEAVERS.--

          A. The [state game and fish warden] director of the department of wildlife conservation may grant permits to owners or lessees of land for the capture or destruction on their lands of any protected game doing damage to their cultivated crops or property; provided that on [said permit or] the permits [so issued as aforesaid] the [state game and fish warden] director shall fix the numerical limit of any protected game [so] to be captured or destroyed and [shall also therein fix] the time limit within which any [such] protected game shall be [so] captured.

          B. The [state game and fish warden] director shall [also] grant permits, preferably to owners or lessees of land, for the capture of such [beaver] beavers as interfere with the operation of any lawful canal, ditch or dam or cause or threaten the destruction of private property and for the capture of [beaver] beavers to be transferred from one stream to another; provided, however, that all skins of [beaver] beavers taken under the provisions of this section shall be turned in to the [state game and fish warden] director to be [by him] sold, and one-half of the proceeds therefor [to] shall be [by said state game and fish warden] conveyed by the director into the [game protection] wildlife conservation fund and the other one-half of the proceeds [to] shall be [by said state game and fish warden] turned over by the director to the holder of [said] the permit."

     SECTION 118. Section 17-3-32 NMSA 1978 (being Laws 1927, Chapter 37, Section 1, as amended) is amended to read:

     "17-3-32. IMPORTING [GAME ANIMALS] WILDLIFE--PERMITS.--In order to protect [game animals, birds and fish] wildlife against importation of undesirable species and introduction of infectious or contagious diseases, it is a misdemeanor to import any live animals, birds or fish into this state, except domesticated animals or domesticated fowl or fish from government hatcheries, without first obtaining a permit from the department of [game and fish] wildlife conservation."

     SECTION 119. Section 17-3-33 NMSA 1978 (being Laws 1912, Chapter 85, Section 14, as amended) is amended to read:

     "17-3-33. PRESUMPTION FROM POSSESSION OF [GAME OR FISH] WILDLIFE WITHOUT LICENSE--SHOWING LICENSE TO OFFICER.--The possession of [game or fish] wildlife at any time unaccompanied by a proper and valid license, game tag, certificate, [or] permit or invoice, as provided in Chapter 17 NMSA 1978, shall be prima facie evidence that [such game] the wildlife or fish was unlawfully taken and is unlawfully held in possession, and it shall be the duty of every person having possession or control of [game] wildlife or fish to produce the proper license, game tag, certificate, permit or invoice when one is required by Chapter 17 NMSA 1978 on demand of any officer and to permit [the same] it to be copied by [such] the officer. Violation of any provision of this section is a misdemeanor and is punishable as provided by Section 17-2-10 NMSA 1978."

     SECTION 120. 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] wildlife conservation commission 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] wildlife conservation commission 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 may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978."

     SECTION 121. 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 122. 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] wildlife conservation commission 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 such areas will not conflict with any reasonable prior interest. The commission 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 123. Section 17-3-39 NMSA 1978 (being Laws 1957, Chapter 194, Section 5) is amended to read:

     "17-3-39. SPECIAL NONRESIDENT LICENSES.--The state wildlife conservation commission 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 ($5.00) of the special nonresident bird license fee is to be paid to the [state game and fish] department of wildlife conservation. Twenty-five cents ($.25) of the fee is to be retained by the issuing agent."

     SECTION 124. Section 17-3-43 NMSA 1978 (being Laws 1973, Chapter 13, Section 1) is amended to read:

     "17-3-43. SHORT TITLE.--Sections [53-3-37 through 53-3-41 NMSA 1953] 17-3-43 through 17-3-47 NMSA 1978 may be cited as the "Airborne Hunting Act"."

     SECTION 125. Section 17-3-46 NMSA 1978 (being Laws 1973, Chapter 13, Section 4) is amended to read:

     "17-3-46. APPLICABILITY.--The Airborne Hunting Act shall not apply to any person who is employed as an authorized agent of the state or federal government or is operating under a permit of the state granted by the director of the department of [game and fish] wildlife conservation."

     SECTION 126. Section 17-3-47 NMSA 1978 (being Laws 1973, Chapter 13, Section 5) is amended to read:

     "17-3-47. PERMIT.--The director of the department of [game and fish] wildlife conservation may grant a permit to any person to carry out acts [which] that are prohibited by the Airborne Hunting Act. Permits shall be granted only to protect or aid in the administration or protection of land, water, wildlife, livestock, domesticated animals, human life or crops. Each person operating under a permit shall report to the director of the department of [game and fish] wildlife conservation, each calendar quarter, the number of birds, [fishes] fish or other animals so injured, captured or killed."

     SECTION 127. Section 17-3-49 NMSA 1978 (being Laws 2006, Chapter 86, Section 1) is amended 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] website 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] wildlife conservation commission, the license, certificate or permit shall be subject to revocation by the commission 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 128. 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] wildlife conservation commission [of the state of New Mexico is hereby authorized and empowered to] may acquire by purchase, gift, bequest or lease, and [to] hold, develop and improve, lands for fish hatcheries, [game] wildlife farms, [game] wildlife refuges, bird refuges, resting and nesting grounds, field stations, dams, lakes, ditches, flumes, waterways, pipelines, canals, rights of way, trails and 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 129. 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] wildlife conservation commission 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 130. 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] wildlife conservation commission, 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 judgment of [said] the commission [such] the transaction will be in the interest of the state [game] wildlife conservation commission and [said] the lands, leases, products or severable parts thereof are in the opinion of [such] the commission 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] deposited into the [game protection] wildlife conservation fund and disbursed as the other [moneys] money in [said] the fund [are] is disbursed."

     SECTION 131. Section 17-4-10 NMSA 1978 (being Laws 1912, Chapter 85, Section 61, as amended) is amended to read:

     "17-4-10. GAME, FISH IN PRIVATE PARK OR LAKE--TRANSPORTATION--SALE.--[SEC. 61. No persons] A person shall not transport or sell, keep or expose or offer for transportation or sale any game or game fish taken from any park, enclosure, lake or body of water, public or private, unless the [same be] park, enclosure, lake or body of water is licensed as provided in [this chapter, and then only as provided in this division, and] Sections 17-4-8 through 17-4-28 NMSA 1978. This section shall apply to game and fish held by private ownership as well as to game and fish the ownership of which may be acquired under [this chapter] those sections."

     SECTION 132. 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] in the park or lake, shall apply in writing to the [Warden] director of the department of wildlife conservation, 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] in the park or lake 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] wildlife conservation commission."

     SECTION 133. 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:

STATE OF NEW MEXICO

DEPARTMENT OF [GAME AND FISH] WILDLIFE CONSERVATION

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 134. Section 17-4-15 NMSA 1978 (being Laws 1912, Chapter 85, Section 66, as amended) is amended to read:

    "17-4-15. PRIVATE PARKS--CONSENT REQUIRED FOR USE--PERMIT.--Except as [in this division] otherwise provided in Sections 17-4-8 through 17-4-28 NMSA 1978, all game and fish, with the natural increase thereof, held or confined in any private preserve, park or lake licensed under the provisions of [this act] those sections shall, during the existence of the license or any renewal thereof, be deemed the property of the licensee [of the same] to the extent that [he] the licensee may lawfully retain, pursue, capture, kill, use, sell or dispose of the game or fish therein in any quantity, in any manner and at any time of the year, and the pursuit, capture, wounding or killing of any game or fish in any licensed preserve, park or lake, public or private, without the consent of the proprietor shall be unlawful; provided that the aggregate number of game animals or fish in any licensed private preserve, park or lake [which] that contained game or fish belonging to the state at the time or date of the issuing of such license shall not be lessened by the killing, use, sale or disposition thereof, it being the purpose of this [provision] section to restrict such killing, use, sale and disposition to a number not exceeding in the aggregate the natural increase. If by reason of controlling necessity or for the purpose of stocking or replenishing some other park or lake any proprietor of a licensed preserve, park or lake may desire to lessen the aggregate number [above] provided for in this section, the [state game and fish warden] director of the department of wildlife conservation may, on being satisfied of the propriety thereof, grant a permit therefor."

    SECTION 135. Section 17-4-16 NMSA 1978 (being Laws 1912, Chapter 85, Section 67, as amended) is amended to read:

    "17-4-16. GAME--FISH--PARKS--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 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] WILDLIFE CONSERVATION

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 at Santa Fe] director of the department of wildlife conservation."

     SECTION 136. Section 17-4-21 NMSA 1978 (being Laws 1912, Chapter 85, Section 72, as amended) is amended to read:

     "17-4-21. GAME--FISH--PARKS, LAKES--PROPRIETOR REPORT TO [WARDEN] DIRECTOR.--[SEC. 72.] The proprietor of every private park and lake licensed under [the preceding] Sections 17-4-8 through 17-4-28 NMSA 1978 shall, whenever required by the [warden] director of the department of wildlife conservation, make and send to the [warden at Santa Fe] director a report showing as near as practicable the kind, number, age and sex of the game, and the kind and number or weight of the game fish, added and disposed of during the year preceding and on hand at the date of the report."

     SECTION 137. Section 17-4-22 NMSA 1978 (being Laws 1912, Chapter 85, Section 73, as amended) is amended to read:

     "17-4-22. GAME--FISH--PARKS, LAKES--RIGHTS EXTEND TO CONNECTING CHANNELS.--[SEC. 73.] The rights acquired by the proprietor of a private lake licensed [hereunder] under Sections 17-4-8 through 17-4-28 NMSA 1978, and the prohibitions [hereof] of those sections, shall extend to and include all channels connecting a series or group of lakes under one license [and]. The [warden] director of the department of wildlife conservation may authorize the use of [such] screens or other appliances as may be necessary to prevent the fish in a licensed lake of Class A from escaping, and it shall be the duty of the proprietor to adopt and use [such] screens or other appliances as the [warden] director may direct to prevent the fish in public waters from entering [such] the lake."

     SECTION 138. Section 17-4-27 NMSA 1978 (being Laws 1912, Chapter 85, Section 78, as amended) is amended to read:

     "17-4-27. GAME--FISH--PARKS, LAKES–TRANSFER OF OWNERSHIP--LICENSE.--[SEC. 78.] In case of a transfer of proprietorship or interest in any park, lake or preserve, the transferee shall within thirty days thereafter procure from the [warden] director of the department of wildlife conservation a transfer of the license, endorsed on the back [thereof]."

     SECTION 139. Section 17-4-28 NMSA 1978 (being Laws 1912, Chapter 85, Section 79, as amended) is amended to read:

     "17-4-28. PARKS, LAKES AND PRESERVES--LICENSE--FEES.--

          A. Licenses for private parks, lakes and preserves may be for one year, and any license shall be renewed annually at the request of the licensee.

          B. The director of the department of [game and fish] wildlife conservation shall charge and collect just and reasonable fees for the following permits under Sections 17-4-8 through 17-4-28 NMSA 1978, as determined by [regulation] rule of the state [game] wildlife conservation commission:

                (1) permit to capture or exchange;

                (2) quadruped park license;

                (3) each renewal of each quadruped park license;

                (4) one lake license;

                (5) each renewal of one lake license;

                (6) each additional lake license;

                (7) each renewal of each additional lake license; and

                (8) each certificate, permit or license not provided for in this section."

     SECTION 140. Section 17-4-29 NMSA 1978 (being Laws 1912, Chapter 85, Section 80, as amended) is amended to read:

     "17-4-29. FLOATING LOGS IN FISH STREAM--RESTOCKING--PENALTY.--All persons floating logs, timber, lumber, ties or poles in any stream containing game fish shall, for each mile of the streams used, annually deposit one thousand trout fry or fingerlings at times and places designated by the department of [game and fish] wildlife conservation. Any person failing to comply with the provisions of this section is guilty of a misdemeanor."

     SECTION 141. 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] wildlife conservation commission 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 142. 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] wildlife conservation commission 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] wildlife conservation fund, expended for the purpose designated and withdrawn as other [moneys are] money is withdrawn from the [State game protection] wildlife conservation fund."

     SECTION 143. 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] wildlife conservation commission or under the direction of the director of the department of [game and fish] wildlife conservation, shall upon conviction thereof be deemed guilty of a petty misdemeanor."

     SECTION 144. 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] WILDLIFE CONSERVATION COMMISSION.--

          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] wildlife conservation commission 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] wildlife conservation commission 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] wildlife conservation commission 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] wildlife conservation 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] wildlife conservation fund."

     SECTION 145. 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] wildlife conservation commission 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] wildlife conservation.

          C. Upon appropriation by the legislature, money in the habitat management fund may be expended by the state [game] wildlife conservation commission 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 146. 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 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] wildlife conservation commission;

                (3) "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) "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) "director" means the director of the department of [game and fish] wildlife conservation;

                (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 147. A new section of Chapter 17, Article 4 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DEFINITION OF SPECIES OF GREATEST CONSERVATION NEED.--As used in the state wildlife action plan, "species of greatest conservation need" means species existing within New Mexico that are subject to one or more of the following factors:

          A. species that have experienced substantial long-term declines in habitat or numbers, known as declining species;

          B. species in which some aspect of their life history and ecology makes them disproportionately susceptible to decline within the next ten years, including concentration to small areas during migration or hibernation, low reproductive rates, susceptibility to disease, inability to respond to changing climate conditions, habitat loss, wildfire and overexploitation for anthropogenic purposes, known as vulnerable species;

          C. species that are limited to New Mexico, known as endemic species;

          D. species that have populations geographically isolated from other populations of the same species and are thereby disproportionately susceptible to local decline or extirpation, known as disjunct species; or

          E. species that are crucial to the integrity and the functioning of their ecosystems and that may represent more value to conservation of biological diversity than the size of their population or their distribution would suggest, known as keystone species."

     SECTION 148. Section 17-5-4 NMSA 1978 (being Laws 1939, Chapter 178, Section 4, as amended) is amended to read:

     "17-5-4. STATE [GAME] WILDLIFE CONSERVATION COMMISSION TO ADMINISTER ACT--RULES [AND REGULATIONS].--The state [game] wildlife conservation commission 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] wildlife conservation commission shall give due [regard to the zones of temperatures and to the distribution, abundance, economic value and breeding habits of such animals] consideration to the regarding species' population size and trends, habitat availability, migration and hibernation, response to near- and long-term changes in climate conditions and conservation actions necessary to sustain healthy populations. 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 149. 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] wildlife conservation, 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] wildlife conservation commission 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 150. Section 17-5-6 NMSA 1978 (being Laws 1939, Chapter 178, Section 6, as amended) is amended to read:

     "17-5-6. FUR [DEALER] DEALER'S LICENSES.--

          A. Except for trappers selling their own catches, any person, firm or corporation engaged in the business of buying or selling unprocessed skins or pelts of any fur-bearing animal is a "fur dealer". It is a misdemeanor to engage in business as a fur dealer or solicit such business without first procuring a fur [dealer] dealer's license, except that resident fur dealers who buy and sell less than fifty skins or pelts of fur-bearing animals each year need not purchase a fur [dealer] dealer's license.

          B. Every fur dealer shall file with the department of [game and fish] wildlife conservation, not later than the tenth of each month, a sworn statement showing the number and kind of skins and pelts of fur-bearing animals purchased and sold during the preceding month.

          C. The provisions of this section apply to fur dealers who buy and sell the skins or pelts of predatory animals as well as to those who buy and sell the skins or pelts of protected nonpredatory fur-bearing animals."

     SECTION 151. Section 17-5-7 NMSA 1978 (being Laws 1939, Chapter 178, Section 7) is amended to read:

     "17-5-7. DISPOSITION OF LICENSE FEES.--All fees for [trappers'] trapper's licenses and fur [dealers'] dealer's licenses shall be collected by the [State Game Warden] director of the department of wildlife conservation and turned over to the state treasurer to be credited to the [game protection] wildlife conservation fund; provided that license vendors shall retain ten cents [(10¢)] ($.10) for each license sold as compensation for [his] their services, but no regular employee of the [State Game] department of wildlife conservation shall be entitled to [such] that fee."

     SECTION 152. 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] wildlife conservation commission 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 153. Section 17-5-9 NMSA 1978 (being Laws 1939, Chapter 178, Section 10, as amended) is amended to read:

     "17-5-9. PENALTY--REVOCATION OF LICENSE--SALE OF PELTS.--Any person who violates or aids, abets or assists in the violation of any provision of Sections [53-5-1 through 53-5-10 New Mexico Statutes Annotated, 1953 Compilation] 17-5-1 through 17-5-9 NMSA 1978, or any person who makes any false statement as to the residence of any applicant for a trapper's license or fur dealer's license, or any nonresident who fraudulently procures a resident license, is guilty of a misdemeanor. In addition, the [department of game and fish] state wildlife conservation commission, pursuant to Section 17-3-34 NMSA 1978, may revoke [for the year in which the violation occurred] the trapper's or fur dealer's license of any person convicted. All skins, pelts or furs involved in the violation remain the property of the state and shall be sold for the benefit of the [game protection] wildlife conservation fund."

     SECTION 154. 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 155. 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" means the state [game] wildlife conservation commission;

          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 156. 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 may expend such funds as become available from the [game protection] wildlife conservation 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 157. 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 158. 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 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] wildlife conservation."

     SECTION 159. 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] wildlife conservation commission 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] wildlife conservation. 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] wildlife conservation commission 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] wildlife conservation commission 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 160. Section 17-9-1 NMSA 1978 (being Laws 2019, Chapter 97, Section 1) is amended to read:

     "17-9-1. SHORT TITLE.--[This act] Chapter 17, Article 9 NMSA 1978 may be cited as the "Wildlife Corridors Act"."

     SECTION 161. Section 17-9-2 NMSA 1978 (being Laws 2019, Chapter 97, Section 2) is amended to read:

     "17-9-2. DEFINITIONS.--As used in the Wildlife Corridors Act:

          A. "human-caused barrier" means a road, culvert, commercial or residential development or other human-made structure that has the potential to affect the natural movement of wildlife across the landscape;

          B. "large mammal" includes mule deer, elk, pronghorn antelope, bighorn sheep, black bear and mountain lions;

          C. "species of concern" means a wildlife species identified by the department of [game and fish] wildlife conservation as being adversely affected by habitat fragmentation exacerbated by human-caused barriers and the high potential of wildlife-vehicle collisions; and

          D. "wildlife corridors" means those areas used routinely by wildlife to travel through their habitat and includes corridors used by migrating wildlife."

     SECTION 162. Section 17-9-3 NMSA 1978 (being Laws 2019, Chapter 97, Section 3) is amended to read:

     "17-9-3. WILDLIFE CORRIDORS ACTION PLAN--CREATION-- DEPARTMENT COORDINATION.--

          A. The department of [game and fish] wildlife conservation, in coordination with the department of transportation, shall create a state "wildlife corridors action plan".

          B. The wildlife corridors action plan shall contain:

                (1) identification of existing highway crossings that pose a risk to successful wildlife migration or that pose a risk to the traveling public because large mammals use the crossing;

                (2) identification of other human-caused barriers, especially road segments that negatively affect wildlife habitat and movement;

                (3) information about the habitat and movement needs of species of concern with particular attention to large mammals or other species that pose a risk to the traveling public;

                (4) projections of anticipated effects that drought and other stressors will have on wildlife habitat, dispersal and movement;

                (5) information about the habitat quality needed to support and maintain viable populations of wildlife;

                (6) information about how increased movement of species could benefit overused and highly impacted habitat areas;

                (7) maps that identify locations of:

                     (a) existing populations of species of greatest concern;

                     (b) existing wildlife crossings; and

                     (c) areas requiring additional monitoring or research;

                (8) protocols for post-completion monitoring of wildlife corridors projects in order to assess their effectiveness in establishing, maintaining and promoting wildlife movements;

                (9) economic benefits anticipated from preserving wildlife movement patterns, including the potential impact of reduced wildlife-vehicle collisions;

                (10) opportunities to collaborate with and enter into joint powers agreements as provided in the Joint Powers Agreements Act as necessary with New Mexico Indian nations, tribes or pueblos; relevant agencies or Indian nations, tribes or pueblos in neighboring states; and relevant federal agencies to protect wildlife corridors that cross state or tribal lines;

                (11) the wildlife corridors project list; and

                (12) additional information that the department of [game and fish] wildlife conservation and the department of transportation deem necessary and appropriate to carry out the intent and purposes of the Wildlife Corridors Act.

          C. The department of [game and fish] wildlife conservation and the department of transportation shall consult with and actively seek the involvement of tribal governments in the development of the wildlife corridors action plan.

          D. The initial wildlife corridors action plan shall be:

                (1) open for public comment before being finalized; provided that, once finalized, the department of [game and fish] wildlife conservation and the department of transportation shall publish the initial action plan on their websites and shall submit the action plan to the governor and the legislature on or before January 15, 2020; and

                (2) updated at least every ten years and may be amended prior to a full update as new research and data become available or changes in conditions affecting wildlife and wildlife-human interactions arise.

          E. The wildlife corridors action plan or the provisions of the Wildlife Corridors Act do not apply to private property or private property owners, unless private property owners choose to participate voluntarily."

     SECTION 163. Section 17-9-4 NMSA 1978 (being Laws 2019, Chapter 97, Section 4) is amended to read:

     "17-9-4. PRIORITIZED WILDLIFE CORRIDORS PROJECT LIST-- PUBLICATION.--

          A. As part of the wildlife corridors action plan, the department of [game and fish] wildlife conservation and the department of transportation shall publish a prioritized "wildlife corridors project list" of projects to be undertaken.

          B. The department of [game and fish] wildlife conservation and the department of transportation shall prioritize projects within the wildlife corridors project list by assessing the following criteria, listed in order of importance:

                (1) the potential to reduce wildlife-vehicle collision and enhance safety to the traveling public;

                (2) the relative current population size of select large mammal species and species of concern or the value of proposed infrastructure that will improve wildlife corridors;

                (3) the feasibility and constructability of wildlife corridors infrastructure;

                (4) the potential costs and economics of wildlife corridors infrastructure, including benefits or other effects on local communities;

                (5) local community support for proposed wildlife corridors infrastructure;

                (6) the value of the project to native large mammals and other native species; and

                (7) surrounding land-use and ownership, especially tribal lands, and an evaluation of the need for conservation easements or other real estate instrument necessary to maintain the viability of a proposed wildlife corridor.

          C. On an annual basis following the issuance of the first wildlife corridors project list, the department of [game and fish] wildlife conservation and the department of transportation shall issue a report to the governor and the legislature stating the progress toward completing the enumerated projects as of the current fiscal year. The report shall represent progress toward completion of a project as a percentage, with a corresponding explanation for the represented number and plans for future progress."

     SECTION 164. Section 17-10-1 NMSA 1978 (being Laws 2020, Chapter 77, Section 1) is amended to read:

     "17-10-1. SHORT TITLE.--[This act] Chapter 17, Article 10 NMSA 1978 may be cited as the "Wildlife Trafficking Act"."

     SECTION 165. Section 17-10-6 NMSA 1978 (being Laws 2020, Chapter 77, Section 6) is amended to read:

     "17-10-6. ENFORCEMENT AUTHORITY.--

          A. The criminal enforcement provisions of the Wildlife Trafficking Act may be enforced by any commissioned law enforcement officer, including an officer employed by the department of [game and fish] wildlife conservation and the state parks division of the energy, minerals and natural resources department.

          B. The civil enforcement provision of the Wildlife Trafficking Act may be enforced by any agency or political subdivision of the state that employs commissioned law enforcement officers or by any person authorized by the attorney general."

     SECTION 166. 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', New Mexico Mounted Patrol Members' and Reserve Police Officers' Survivors Supplemental Benefits Act:

          A. "fund" means the peace officers', New Mexico mounted patrol members' and reserve police officers' survivors fund;

          B. "New Mexico mounted patrol" means units or troops officered and manned to assist with law enforcement pursuant to the provisions of Sections 29-6-1 and 29-6-4 NMSA 1978, Subsection A of Section 29-6-5 NMSA 1978 and Section 29-6-6 NMSA 1978;

          C. "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 department of [game and fish] wildlife conservation as used in Chapter 17 NMSA 1978 that is part of or administered by the state or any political subdivision of the state;

          D. "reserve police officer" means a volunteer or a temporary or part-time employee of a state or local law enforcement agency who is accepted by that agency as a reserve law enforcement officer after receiving a background check and training as needed by that agency and who is not a member of the New Mexico mounted patrol; and

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

     SECTION 167. Section 30-8-5 NMSA 1978 (being Laws 1975, Chapter 199, Section 2) is amended to read:

     "30-8-5. ENFORCEMENT.--The state [game] wildlife conservation commission may designate trained employees of the commission 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 168. 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] wildlife conservation commission, the [state highway] department of transportation, the state [park and recreation commission] parks 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 169. 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] wildlife conservation 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] wildlife conservation commission 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] wildlife conservation."

     SECTION 170. Section 30-18-16 NMSA 1978 (being Laws 2019, Chapter 151, Section 1) is amended to read: 

     "30-18-16. COYOTE-KILLING CONTESTS PROHIBITED--

DEFINITION--PENALTIES.--

          A. It is unlawful for a person to organize, cause, sponsor, arrange, hold or participate in a coyote-killing contest.

          B. As used in this section, "coyote-killing contest" means an organized or sponsored competition with the objective of killing coyotes for prizes or entertainment.

          C. Organizing, causing, sponsoring, arranging or holding a coyote-killing contest consists of a person knowingly:

                (1) planning, organizing or enticing a person to participate in a coyote-killing contest; or

                (2) providing the venue for a coyote-killing contest.

          D. Participation in a coyote-killing contest consists of a person knowingly taking part in a coyote-killing contest.

          E. A person who organizes, causes, sponsors, arranges or holds a coyote-killing contest is guilty of a misdemeanor.

          F. A person who participates in a coyote-killing contest is guilty of a petty misdemeanor.

          G. Nothing in this section shall be construed to prohibit a person from protecting a person or property or the state [game] wildlife conservation commission from carrying out the statutory authority allowed by Chapter 17 NMSA 1978 in a non-coyote-killing contest setting."

     SECTION 171. 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] wildlife conservation officers, 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 172. 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] wildlife conservation;

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

                (8) the [alcohol and gaming] alcoholic beverage control 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 173. 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 department of [game and fish] wildlife conservation 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 174. Section 66-3-424.6 NMSA 1978 (being Laws 2003, Chapter 178, Section 2, as amended) is amended to read:

     "66-3-424.6. SPECIAL WILDLIFE ARTWORK REGISTRATION PLATES--PROCEDURES--FEE.--

          A. The department shall establish and issue a standardized special registration plate with a logo specified in Section 66-3-424 NMSA 1978 featuring artwork of New Mexico wildlife for any private motor vehicle except a motorcycle. The department shall adopt procedures for application for and issuance of the special wildlife artwork registration plates.

          B. The director of the department of [game and fish] wildlife conservation shall designate a "share with wildlife" logo design committee that shall recommend to the director the color and design of the special wildlife artwork logo. The director in cooperation with the secretary shall determine the design of the special wildlife artwork logo. No personalized or vanity design variation of the special wildlife artwork registration plates shall be issued.

          C. For a fee of twenty-five dollars ($25.00), which [shall be] is in addition to the regular motor vehicle registration fees, an owner of a motor vehicle may apply for the issuance of a special wildlife artwork registration plate. The owner of a motor vehicle shall apply for the plate and pay the twenty-five-dollar ($25.00) fee for the first year and ten dollars ($10.00) for each subsequent year if [he] the owner wishes to retain and renew the special wildlife artwork registration plate.

          D. The revenue from the additional fee for a special wildlife artwork registration plate shall be distributed as follows:

                (1) ten dollars ($10.00) of the initial fee collected shall be retained by the division and is appropriated to the division to defray the cost of making and issuing special registration plates for wildlife artwork; and

                (2) fifteen dollars ($15.00) of the initial fee and the entire renewal fee collected shall be distributed to the share with wildlife program of the [game protection] wildlife conservation fund."

     SECTION 175. Section 66-3-424.27 NMSA 1978 (being Laws 2009, Chapter 85, Section 1) is amended to read:

     "66-3-424.27. SPECIAL BASS FISHING REGISTRATION PLATES--PROCEDURES--FEE.--

          A. The department shall establish and issue a standardized special registration plate with a logo specified in Section 66-3-424 NMSA 1978 featuring bass fishing for any private motor vehicle except a motorcycle. The department shall adopt procedures for application for and issuance of the special bass fishing registration plates.

          B. The director of the department of [game and fish] wildlife conservation shall designate a "bass fishing" logo design committee that includes a bass fishing federation representative and that shall determine the design of the special wildlife artwork logo. No personalized or vanity design variation of the special bass fishing registration plates shall be issued.

          C. For a fee of twenty-five dollars ($25.00), which shall be in addition to the regular motor vehicle registration fees, an owner of a motor vehicle may apply for the issuance of a special bass fishing registration plate. The owner of a motor vehicle shall apply for the plate and pay the twenty-five-dollar ($25.00) fee for the first year and ten dollars ($10.00) for each subsequent year if the owner wishes to retain and renew the special bass fishing registration plate.

          D. The revenue from the additional fee for a special bass fishing registration plate shall be distributed as follows:

                (1) ten dollars ($10.00) of the initial fee collected shall be retained by the division and is appropriated to the division to defray the cost of making and issuing special registration plates for bass fishing; and

                (2) fifteen dollars ($15.00) of the initial fee and the entire renewal fee collected shall be distributed to the bass habitat management program of the [game protection] wildlife conservation fund."

     SECTION 176. 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] wildlife conservation;

          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;

                     (c) maximum speed capability greater than thirty-five miles per hour;

                     (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 177. Section 66-3-1010.3 NMSA 1978 (being Laws 2005, Chapter 325, Section 11, as amended) is amended to read:

     "66-3-1010.3. OPERATION AND EQUIPMENT--SAFETY REQUIREMENTS.--

          A. A person shall not operate an off-highway motor vehicle:

                (1) in a careless, reckless or negligent manner so as to endanger the person or property of another;

                (2) while under the influence of intoxicating liquor or drugs as provided by Section 66-8-102 NMSA 1978;

                (3) while in pursuit of and with intent to hunt or take a species of animal or bird protected by law unless otherwise authorized by the state [game] wildlife conservation commission;

                (4) in pursuit of or harassment of livestock in any manner that negatively affects the livestock's condition;

                (5) on or within an earthen tank or other structure meant to water livestock or wildlife, unless the

off-highway motor vehicle is on a route designated by the landowner or land management agency as an off-highway motor vehicle route;

                (6) in a manner that has a direct negative effect on or interferes with persons engaged in agricultural practices;

                (7) in excess of ten miles per hour within two hundred feet of a business, animal shelter, horseback rider, bicyclist, pedestrian, livestock or occupied dwelling, unless the person operates the vehicle on a closed course or track or a public roadway;

                (8) unless in possession of the person's registration certificate or nonresident permit;

                (9) unless the vehicle is equipped with a spark arrester approved by the United States forest service; provided that a snowmobile is exempt from this provision;

                (10) when conditions such as darkness limit visibility to five hundred feet or less, unless the vehicle is equipped with:

                     (a) one or more headlights of sufficient candlepower to light objects at a distance of one hundred fifty feet; and

                     (b) at least one taillight of sufficient intensity to exhibit a red or amber light at a distance of two hundred feet under normal atmospheric conditions;

                 (11) that produces noise that exceeds ninety-six decibels when measured using test procedures established by the society of automotive engineers pursuant to standard J-1287; or

                (12) where off-highway motor vehicle traffic is prohibited under local, state or federal rules or regulations.

          B. A person under the age of eighteen shall not operate an off-highway motor vehicle:

                (1) or ride upon an off-highway motor vehicle without wearing eye protection and a safety helmet that is securely fastened in a normal manner as headgear and that meets the standards established by the department;

                (2) without an off-highway motor vehicle safety permit; or

                (3) while carrying a passenger.

          C. A person under the age of eighteen but at least ten years of age shall not operate an off-highway motor vehicle unless the person is visually supervised at all times by a parent, legal guardian or a person over the age of eighteen who has a valid driver's license. This subsection shall not apply to a person who is at least:

                (1) thirteen years of age and has a valid motorcycle license and off-highway motor vehicle safety permit; or

                (2) fifteen years of age and has a valid driver's license, instructional permit or provisional license and off-highway motor vehicle safety permit.

          D. A person under the age of ten shall not operate an off-highway motor vehicle unless:

                (1) the all-terrain vehicle or recreational off-highway vehicle is an age-appropriate size-fit vehicle established by rule of the department; and

                (2) the person is visually supervised at all times by a parent, legal guardian or instructor of a safety training course certified by the department.

          E. An off-highway motor vehicle shall not be sold or offered for sale if the vehicle produces noise that exceeds ninety-six decibels when measured using test procedures established by the society of automotive engineers pursuant to standard J-1287. This subsection shall not apply to an off-highway motor vehicle that is sold or offered for sale only for organized competition."

     SECTION 178. Section 66-3-1011 NMSA 1978 (being Laws 1975, Chapter 240, Section 11, as amended) is amended to read:

     "66-3-1011. OPERATION ON STREETS OR HIGHWAYS--PROHIBITED AREAS.--

          A. A person shall not operate an off-highway motor vehicle on any:

                (1) limited access highway or freeway at any time; or

                (2) paved street or highway except as provided in Subsection B, C, D or E of this section.

          B. Off-highway motor vehicles may cross streets or highways, except limited access highways or freeways, if the crossings are made after coming to a complete stop prior to entering the roadway. Off-highway motor vehicles shall yield the right of way to oncoming traffic and shall begin a crossing only when it can be executed safely and then cross in the most direct manner as close to a perpendicular angle as possible.

          C. If authorized by ordinance or resolution of a local authority or the state transportation commission, a recreational off-highway vehicle or an all-terrain vehicle may be operated on a paved street or highway owned and controlled by the authorizing entity if:

                (1) the vehicle has one or more headlights and one or more taillights that comply with the Off-Highway Motor Vehicle Act;

                (2) the vehicle has brakes, mirrors and mufflers;

                (3) the operator has valid driver's licenses or permits as required under the Motor Vehicle Code and off-highway motor vehicle safety permits as required under the Off-Highway Motor Vehicle Act;

                (4) the operator is insured in compliance with the provisions of the Mandatory Financial Responsibility Act;

                (5) the operator of the vehicle is using eye protection that complies with the Off-Highway Motor Vehicle Act; and

                (6) if the operator is under eighteen years of age, the operator is wearing a safety helmet that complies with the Off-Highway Motor Vehicle Act.

          D. Except for sections of the Motor Vehicle Code that are in conflict with the licensing and equipment requirements of the Off-Highway Motor Vehicle Act, any operator using an off-highway motor vehicle on a paved street or highway shall be subject to the requirements and penalties for operators of moving and parked vehicles under the Motor Vehicle Code.

          E. By ordinance or resolution, a local authority or state transportation commission may establish separate speed limits and operating restrictions for off-highway vehicles where they are authorized to operate on paved streets or highways pursuant to Subsection C of this section.

          F. A person shall not operate an off-highway motor vehicle on state [game] wildlife conservation commission-owned, -controlled or -administered land except as specifically allowed pursuant to Chapter 17, Article 6 NMSA 1978.

          G. A person shall not operate an off-highway motor vehicle on land owned, controlled or administered by the state parks division of the energy, minerals and natural resources department, pursuant to Chapter 16, Article 2 NMSA 1978, except in areas designated by and permitted by rules adopted by the secretary of energy, minerals and natural resources.

          H. Unless authorized, a person shall not:

                (1) remove, deface or destroy any official sign installed by a state, federal, local or private land management agency; or

                (2) install any off-highway motor vehicle-related sign."

     SECTION 179. Section 66-3-1019 NMSA 1978 (being Laws 2005, Chapter 325, Section 21, as amended) is amended to read:

     "66-3-1019. FUND CREATED--DISPOSITION.--

          A. The "trail safety fund" is created in the state treasury. The fund is a nonreverting fund and consists of revenues from off-highway motor vehicle registration and user fees, grants and donations. No more than thirty percent of the fund may be used for administrative overhead, and at least fifty percent shall be devoted to law enforcement and education. Income from investment of the fund shall be credited to the fund. The fund shall be administered by the department, and money in the fund is appropriated to the department to carry out the purposes of the Off-Highway Motor Vehicle Act. Expenditures from the fund shall be by warrant of the secretary of finance and administration upon vouchers signed by the director of the department of [game and fish] wildlife conservation or the director's authorized representative.

          B. The department shall make annual distributions from the fund for the following purposes:

                (1) administrative;

                (2) law enforcement;

                (3) education and training;

                (4) information system development and management;

                (5) resource monitoring and protection and trail building, maintenance and restoration; and

                (6) implementation of other provisions of the Off-Highway Motor Vehicle Act."

     SECTION 180. Section 66-3-1020 NMSA 1978 (being Laws 2005, Chapter 325, Section 22, as amended) is amended to read:

     "66-3-1020. PENALTIES.--

          A. A person who violates the provisions of the Off-Highway Motor Vehicle Act is guilty of a penalty assessment misdemeanor. A parent, guardian or custodian who causes or knowingly permits a child under the age of eighteen years to operate an off-highway motor vehicle in violation of the provisions of the Off-Highway Motor Vehicle Act is in violation of that act and subject to the same penalty as the child operating the off-highway motor vehicle in violation of that act.

          B. As used in the Off-Highway Motor Vehicle Act, "penalty assessment misdemeanor" means violation of any provision of the Off-Highway Motor Vehicle Act for which a violator may be subject to the following:

CLASS 1 VIOLATIONS                  SECTION      PENALTY

                                    VIOLATED     ASSESSMENT

failure to possess a

    registration certificate

    or nonresident permit           66-3-1010.3     $10.00

violations involving

    headlights or taillights        66-3-1010.3      10.00

failure to possess an off-

    highway motor vehicle                                  safety permit                   66-3-1010.3      10.00

selling a vehicle that produces

    noise in excess of ninety-six

    decibels                        66-3-1010.3      10.00

any violation of the Off-Highway

    Motor Vehicle Act not otherwise

    specifically defined elsewhere

    in this section                 66-3-1010.3      10.00

CLASS 2 VIOLATIONS                  SECTION      PENALTY

                                    VIOLATED     ASSESSMENT

failure to complete a required                

    off-highway motor vehicle

    safety training course          66-3-1010.2     $50.00

operating a vehicle in excess

    of ten miles per hour within

    two hundred feet of a business,

    animal shelter, horseback

    rider, bicyclist, pedestrian,

    livestock or occupied

    dwelling                        66-3-1010.3      50.00

a person under the age of

    eighteen but at least

    fifteen years of age who

    operates an off-highway

    motor vehicle in violation

    of the supervision requirements

    of the Off-Highway Motor

    Vehicle Act                     66-3-1010.3      50.00

operating an off-highway motor

    vehicle that produces noise

    that exceeds ninety-six

    decibels                      66-3-1010.3      50.00

unauthorized installation,

    removal, destruction or

    defacing of a motor

    vehicle sign                    66-3-1011        50.00

CLASS 3 VIOLATIONS                  SECTION      PENALTY

                                    VIOLATED     ASSESSMENT

operating a vehicle that is

    not equipped with an approved

    spark arrester                  66-3-1010.3    $100.00

operating an off-highway

    motor vehicle while in

    pursuit of and with

    intent to hunt or take

    a species of animal or bird

    protected by law, unless

    otherwise authorized by

    the state [game] wildlife

    conservation commission         66-3-1010.3     100.00

operating an off-highway

    motor vehicle in pursuit of

    or harassment of livestock

    in any manner that negatively

    affects the livestock's

    condition                       66-3-1010.3     100.00

operating an off-highway

    motor vehicle on or within

    an earthen tank or other

    structure meant to water

    livestock or wildlife           66-3-1010.3     100.00

operating a motor vehicle

    in a manner that has a

    direct negative effect on

    or interferes with persons

    engaged in agricultural

    practices                       66-3-1010.3     100.00

a person under the age of

    eighteen operating an

    off-highway motor vehicle

    without wearing eye

    protection and a safety

    helmet                          66-3-1010.3     100.00

a person under the age of

    eighteen operating an

    off-highway motor vehicle

    while carrying a passenger      66-3-1010.3     100.00

a person under the age of

    fifteen but at least ten

    years of age who operates

    an off-highway motor vehicle

    in violation of the supervision

    requirements of the Off-Highway           

    Motor Vehicle Act              66-3-1010.3     100.00

a person under the age of

    ten operating an all-terrain

    vehicle or recreational off-highway

    motor vehicle that is not an

    age-appropriate size-fit or

    who operates an off-highway

    motor vehicle in violation

    of the supervision requirements

    of this section                 66-3-1010.3     100.00

CLASS 4 VIOLATIONS                  SECTION      PENALTY

                                    VIOLATED     ASSESSMENT operating an off-highway

    motor vehicle in a

    careless, reckless or

    negligent manner so as

    to endanger the person

    or property of another          66-3-1010.3    $200.00

operating an off-highway

    motor vehicle on any road

    or area closed to off-

    highway motor vehicle

    traffic under local, state

    or federal regulations          66-3-1010.3     200.00

operating an off-highway

    motor vehicle on a

    limited-access highway

    or freeway                      66-3-1011       200.00.

         C. The penalty for second, third and subsequent violations within a three-year time period shall be increased as follows:

             (1) a second violation in a class 1 penalty category involving failure to possess a registration certificate or nonresident permit shall be increased to a class 2 penalty category;

             (2) any class 2 or class 3 violation for a second or greater infraction within a three-year period shall be increased to the next-highest penalty assessment category; and

             (3) each subsequent violation in a class 4 penalty category will result in an additional penalty of two hundred dollars ($200).

         D. Multiple violations for the same incident shall be treated as a single event and shall not result in graduated penalties.

         E. The term "penalty assessment misdemeanor" does not include a violation that has caused or contributed to the cause of an accident resulting in injury or death to a person.

         F. When an alleged violator of a penalty assessment misdemeanor elects to accept a notice to appear in lieu of a notice of penalty assessment, a fine imposed upon later conviction shall not exceed the penalty assessment established for the particular penalty assessment misdemeanor, and probation imposed upon a suspended or deferred sentence shall not exceed ninety days."

    SECTION 181. Section 68-4-3 NMSA 1978 (being Laws 2019, Chapter 62, Section 3) is amended to read:

    "68-4-3. FOREST AND WATERSHED ADVISORY BOARD CREATED-- MEMBERSHIP--APPOINTMENTS--TERMS--COMPENSATION.--

         A. The "forest and watershed advisory board" is

created and is administratively attached to the energy,

minerals and natural resources department. The board consists of the following members:

             (1) the [New Mexico] state forester;

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

             (3) the commissioner of public lands or the

commissioner's designee;

             (4) the secretary of economic development or

the secretary's designee;

             (5) the secretary of environment or the

secretary's designee;

             (6) the director of the department of [game and fish] wildlife conservation or the director's designee;

             (7) the state fire marshal or the fire marshal's designee; and

             (8) three public members appointed by the

governor from a list of nominees submitted to the governor

jointly by the president pro tempore of the senate and the

speaker of the house of representatives:

                  (a) one of whom shall be a representative of the forest products industry;

                  (b) one of whom shall be a representative of local government interests, such as a member of the New Mexico association of counties or the soil and water conservation commission; and

                  (c) one of whom shall be a representative of an academic or nonprofit conservation organization with a focus on ecological restoration science.

         B. Public members of the board shall serve until

their successors have been appointed.

         C. A majority of the members of the board

constitutes a quorum for transaction of business. The board

shall elect a chair from among its members.

         D. Members of the board are entitled to receive per diem and mileage pursuant to the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance."

    SECTION 182. Section 69-25A-4 NMSA 1978 (being Laws 1979, Chapter 291, Section 4, as amended) is amended to read:

    "69-25A-4. COAL SURFACE MINING COMMISSION--DUTIES.--

         A. The "coal surface mining commission" is created. The commission [shall consist] consists of:

             (1) the director of the bureau of geology and mineral resources of the New Mexico institute of mining and technology or [his] the director's designee;

             (2) the director of the department of [game and fish] wildlife conservation or [his] the director's designee;

             (3) the secretary of environment or [his] the secretary's designee;

             (4) the [chairman] chair of the soil and water conservation commission or [his] the chair's designee;

             (5) the director of the agricultural experiment station of New Mexico state university or [his] the director's designee;

             (6) the state engineer or [his] the state engineer's designee;

             (7) the commissioner of public lands or [his] the commissioner's designee; and

             (8) two public members who shall be appointed by the governor with the advice and consent of the senate. The public members shall have, by education, training or experience, expertise related to mining or mine reclamation.

         B. The commission shall elect [a chairman] the chair and other necessary officers and keep records of its proceedings.

         C. The commission shall convene upon the call of the [chairman] chair or a majority of its members.

         D. A majority of the commission is a quorum for the transaction of business. However, no action of the commission is valid unless concurred in by at least three of the members present.

         E. The commission shall perform those duties as specified in the Surface Mining Act relating to the promulgation of [regulations] rules and as specified in Section 69-25A-29 NMSA 1978 relating to appeals from the decisions of the director.

         F. No member of the commission who performs a function or duty under the Surface Mining Act may have a direct or indirect financial interest in any activity undertaken by the commission.

         G. The public members shall receive per diem and mileage pursuant to the Per Diem and Mileage Act."

    SECTION 183. Section 69-36-6 NMSA 1978 (being Laws 1993, Chapter 315, Section 6, as amended) is amended to read:

    "69-36-6. MINING COMMISSION--CREATED--MEMBERS.--

         A. The "mining commission" is created. The commission [shall consist] consists of seven voting members, including:

             (1) the director of the bureau of geology and mineral resources of the New Mexico institute of mining and technology or [his] the director's designee;

             (2) the secretary of environment or [his] the secretary's designee;

             (3) the state engineer or [his] the state engineer's designee;

             (4) the commissioner of public lands or [his] the commissioner's designee;

             (5) the director of the department of [game and fish] wildlife conservation or [his] the director's designee; and

             (6) two members of the public and an alternate for each, all to be appointed by the governor with the advice and consent of the senate. The public members shall be chosen to represent and to balance environmental and mining interests while minimizing conflicts of interest. No more than one of the public members and one of the alternates appointed may belong to the same political party. When the initial appointments are made, one of the public members and [his] the public member's alternate will be designated to serve for two-year terms, after which all public members shall serve for four years. An alternate member may vote only in the absence of the public member for whom [he] the member is the alternate.

         B. The [chairman] chair of the soil and water conservation commission and the director of the agricultural experiment station of New Mexico state university or their designees shall be nonvoting members of the commission.

         C. The commission shall elect a [chairman] chair and other necessary officers and keep records of its proceedings.

         D. The commission shall convene upon the call of the [chairman] chair or a majority of its members.

         E. A majority of the voting members of the commission shall be a quorum for the transaction of business. However, no action of the commission shall be valid unless concurred upon by at least four of the members present.

         F. No member of the commission, with the exception of one of the public members and [his] the public member's alternate, shall receive, or shall have received during the previous two years, more than ten percent of [his] that member's income directly or indirectly from permit holders or applicants for permits. Each member of the commission shall, upon acceptance of [his] the appointment and prior to the performance of any [of his] duties, file a statement of disclosure with the secretary of state stating:

             (1) the amount of money or other valuable consideration received, whether provided directly or indirectly, from persons subject to or who appear before the commission;

             (2) the identity of the source of money or other valuable consideration; and

             (3) whether the money or other valuable consideration was in excess of ten percent of [his] the member's gross personal income in either of the preceding two years.

         G. No commissioner with any financial interest affected or potentially affected by a permit action may participate in proceedings related to that permit action."

    SECTION 184. 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] wildlife conservation 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;

                  (c) an irrigation or conservancy district that uses ground 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 185. Section 74-6-2 NMSA 1978 (being Laws 1967, Chapter 190, Section 2, as amended) is amended to read:

    "74-6-2. DEFINITIONS.--As used in the Water Quality Act:

         A. "gray water" means untreated household wastewater that has not come in contact with toilet waste and includes wastewater from bathtubs, showers, washbasins, clothes washing machines and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers or laundry water from the washing of material soiled with human excreta, such as diapers;

         B. "water contaminant" means any substance that could alter, if discharged or spilled, the physical, chemical, biological or radiological qualities of water. "Water contaminant" does not mean source, special nuclear or byproduct material as defined by the federal Atomic Energy Act of 1954;

         C. "water pollution" means introducing or permitting the introduction into water, either directly or indirectly, of one or more water contaminants in such quantity and of such duration as may with reasonable probability injure human health, animal or plant life or property, or to unreasonably interfere with the public welfare or the use of property;

         D. "wastes" means sewage, industrial wastes or any other liquid, gaseous or solid substance that may pollute any waters of the state;

         E. "sewer system" means pipelines, conduits, pumping stations, force mains or any other structures, devices, appurtenances or facilities used for collecting or conducting wastes to an ultimate point for treatment or disposal;

         F. "treatment works" means any plant or other works used for the purpose of treating, stabilizing or holding wastes;

         G. "sewerage system" means a system for disposing of wastes, either by surface or underground methods, and includes sewer systems, treatment works, disposal wells and other systems;

         H. "water" means all water, including water situated wholly or partly within or bordering upon the state, whether surface or subsurface, public or private, except private waters that do not combine with other surface or subsurface water;

         I. "person" means an individual or any other entity, including partnerships, corporations, associations, responsible business or association agents or officers, the state or a political subdivision of the state or any agency, department or instrumentality of the United States and any of its officers, agents or employees;

         J. "commission" means the water quality control commission;

         K. "constituent agency" means, as the context may require, any or all of the following agencies of the state:

             (1) the department of environment;

             (2) the state engineer and the interstate stream commission;

             (3) the department of [game and fish] wildlife conservation;

             (4) the oil conservation commission;

             (5) the state parks division of the energy, minerals and natural resources department;

             (6) the New Mexico department of agriculture;

             (7) the soil and water conservation commission; and

             (8) the bureau of geology and mineral resources at the New Mexico institute of mining and technology;

         L. "new source" means:

             (1) any source, the construction of which is commenced after the publication of proposed [regulations] rules prescribing a standard of performance applicable to the source; or

             (2) any existing source when modified to treat substantial additional volumes or when there is a substantial change in the character of water contaminants treated;

         M. "source" means a building, structure, facility or installation from which there is or may be a discharge of water contaminants directly or indirectly into water;

         N. "septage" means the residual wastes and water periodically pumped from a liquid waste treatment unit or from a holding tank for maintenance or disposal purposes;

         O. "sludge" means solid, semi-solid or liquid waste generated from a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant or air pollution control facility that is associated with the treatment of these wastes. "Sludge" does not mean treated effluent from a wastewater treatment plant;

         P. "substantial adverse environmental impact" means that an act or omission of the violator causes harm or damage:

             (1) to human beings; or

             (2) that amounts to more than ten thousand dollars ($10,000) damage or mitigation costs to flora, including agriculture crops; fish or other aquatic life; waterfowl or other birds; livestock or wildlife or damage to their habitats; ground water or surface water; or the lands of the state;

         Q. "federal act" means the Federal Water Pollution Control Act, its subsequent amendment and successor provisions;

         R. "standards of performance" means any standard, effluent limitation or effluent standard adopted pursuant to the federal act or the Water Quality Act; and

         S. "produced water" means a fluid that is an incidental byproduct from drilling for or the production of oil and gas."

    SECTION 186. Section 74-6-3 NMSA 1978 (being Laws 1967, Chapter 190, Section 3, as amended) is amended to read:

    "74-6-3. WATER QUALITY CONTROL COMMISSION CREATED.--

         A. There is created the "water quality control commission" consisting of:

             (1) the secretary of environment or a member of the secretary's staff designated by the secretary;

             (2) the secretary of health or a member of the secretary's staff designated by the secretary;

             (3) the director of the department of [game and fish] wildlife conservation or a member of the director's staff designated by the director;

             (4) the state engineer or a member of the state engineer's staff designated by the state engineer;

             (5) the chair of the oil conservation commission or a member of the chair's staff designated by the chair;

             (6) the director of the state parks division of the energy, minerals and natural resources department or a member of the director's staff designated by the director;

             (7) the director of the New Mexico department of agriculture or a member of the director's staff designated by the director;

             (8) the chair of the soil and water conservation commission or a soil and water conservation district supervisor designated by the chair;

             (9) the director of the bureau of geology and mineral resources at the New Mexico institute of mining and technology or a member of the director's staff designated by the director;

             (10) a municipal or county government representative; and

             (11) four representatives of the public to be appointed by the governor for terms of four years and who shall be compensated from the budgeted funds of the department of environment in accordance with the provisions of the Per Diem and Mileage Act. At least one member appointed by the governor shall be a member of a New Mexico Indian tribe or pueblo.

         B. A member of the commission shall not receive, or shall not have received during the previous two years, a significant portion of the member's income directly or indirectly from permit holders or applicants for a permit. A member of the commission shall, upon the acceptance of the member's appointment and prior to the performance of any of the member's duties, file a statement of disclosure with the secretary of state disclosing any amount of money or other valuable consideration, and its source, the value of which is in excess of ten percent of the member's gross personal income in each of the preceding two years, that the member received directly or indirectly from permit holders or applicants for permits required under the Water Quality Act. A member of the commission shall not participate in the consideration of an appeal if the subject of the appeal is an application filed or a permit held by an entity that either employs the commission member or from which the commission member received more than ten percent of the member's gross personal income in either of the preceding two years.

         C. The commission shall elect a chair and other necessary officers and shall keep a record of its proceedings.

         D. A majority of the commission constitutes a quorum for the transaction of business, but no action of the commission is valid unless concurred in by six or more members present at a meeting.

         E. The commission is the state water pollution control agency for this state for all purposes of the federal act and the wellhead protection and sole source aquifer programs of the federal Safe Drinking Water Act of 1974 and may take all action necessary and appropriate to secure to this state, its political subdivisions or interstate agencies the benefits of that act and those programs.

         F. The commission is administratively attached, as defined in the Executive Reorganization Act, to the department of environment."

    SECTION 187. Section 75-5-4 NMSA 1978 (being Laws 1987, Chapter 192, Section 4, as amended) is amended to read:

    "75-5-4. ADMINISTRATION OF THE ACT.--

         A. The Natural Lands Protection Act shall be administered by the secretary of energy, minerals and natural resources in consultation with a committee consisting of the secretary of energy, minerals and natural resources, who shall serve as [chairman] chair of the committee, the director of the department of [game and fish] wildlife conservation, the commissioner of public lands, the director of the New Mexico department of agriculture and three public members appointed by the governor, one of whom shall represent the ranching or farming industry.

         B. The secretary of energy, minerals and natural resources shall present a list of projects to the committee based on priorities generated by the energy, minerals and natural resources department.

         C. The committee shall recommend lands to be acquired under the provisions of the Natural Lands Protection Act and, subject to appropriation for such purpose by the legislature, pay the state's share of acquisitions. No land shall be acquired unless a corporation jointly acquires the land with the state. A corporation [must] shall participate in acquiring a minimum of at least ten percent undivided interest in the land or the state cannot participate in the acquisition. Title to lands acquired shall be held as cotenants having undivided interests in proportion to the state's and the corporation's share of the acquisition and shall be held in the name of the state [of New Mexico] and the corporation.

         D. Priority among projects qualified under the Natural Lands Protection Act shall be determined in descending order as follows:

             (1) the degree to which the lands in question are subject to the threat of immediate alteration or destruction;

             (2) the degree to which ecosystems in question are unduplicated elsewhere; and

             (3) usefulness for teaching and research."

    SECTION 188. Section 75-8-2 NMSA 1978 (being Laws 1994, Chapter 118, Section 1) is amended to read:

    "75-8-2. CONDITIONS.--

         A. Any funds expended for the purpose of restoring native riparian vegetation and wetland areas in the Pecos River valley are contingent upon:

             (1) the development of comprehensive plans to monitor all impacts of control activities and to restore native riparian vegetation throughout each project area;

             (2) the provision of sufficient funds to undertake those restoration activities; and

             (3) the approval of all control, restoration and monitoring plans by the New Mexico department of agriculture, the department of [game and fish] wildlife conservation and the department of environment in consultation with the interstate stream commission.

         B. In addition to the conditions set out in Subsection A of this section, any funds expended for the purpose of restoring native riparian vegetation and wetland areas in the Pecos River valley for projects on private lands are contingent upon the owners of those lands agreeing to a sixteen-year covenant running with the land providing for the management and continuity of all restored native riparian vegetation. The covenant shall be enforced by the energy, minerals and natural resources department."

    SECTION 189. Section 76-7B-5 NMSA 1978 (being Laws 1985, Chapter 53, Section 5) is amended to read:

    "76-7B-5. COMMITTEE CREATED.--

         A. There is created the "rangeland protection advisory committee". The following persons or their designees shall be members: the director of the New Mexico department of agriculture, the [chairman] chair of the range improvement task force, college of agriculture of New Mexico state university, the commissioner of public lands, the director of the department of [game and fish] wildlife conservation, the secretary of energy, minerals and natural resources, the dean of the college of agriculture at New Mexico state university and the [director of the environmental improvement division of the health and environment department] secretary of environment. The committee shall coordinate its activities and insofar as possible involve the state director of the United States bureau of land management, the regional forester of the United States forest service, the bureau of Indian affairs and the state conservationist of the United States [soil] natural resources conservation service. The [chairman will] chair shall appoint one additional member for a one-year term to be selected from the ranching industry. The director of the New Mexico department of agriculture shall serve as [chairman] chair.

         B. The [chairman] chair shall call meetings of the committee and prescribe the time and place of each meeting.

         C. To facilitate cooperation and coordination, the committee shall:

             (1) meet upon the call of the [chairman] chair to develop mutually acceptable general guidelines to be followed for all rangeland protection projects conducted by the department under the Rangeland Protection Act; and

             (2) be convened at least once annually to discuss rangeland protection projects conducted during the preceding year and to provide updated recommendations and guidance for future projects as necessitated by [but not limited to] changes in available funding, laws or technology.

         D. The department shall provide the administrative staff and facilities needed by the rangeland protection advisory committee."

    SECTION 190. Section 77-1B-2 NMSA 1978 (being Laws 2007, Chapter 60, Section 2, as amended) is amended to read:

    "77-1B-2. DEFINITIONS.--As used in the Animal Sheltering Act:

         A. "animal" means any animal, except humans, not defined as "livestock" in Subsection K of this section;

         B. "animal shelter":

             (1) means:

                  (a) a county or municipal facility that provides shelter to animals on a regular basis, including a small animal impound facility; and

                  (b) a private humane society or a private animal shelter that temporarily houses stray, unwanted or injured animals through administrative or contractual arrangements with a local government agency; and

             (2) does not include a municipal zoological park;

         C. "board" means the board of veterinary medicine;

         D. "disposition" means adoption of an animal; return of an animal to the owner; release of an animal to a rescue organization; release of an animal to another animal shelter or to a rehabilitator licensed by the department of [game and fish] wildlife conservation or the United States fish and wildlife service; or euthanasia of an animal;

         E. "emergency field euthanasia" means the process defined by rule of the board to cause the death of an animal in an emergency situation when safe and humane transport of the animal is not possible;

         F. "euthanasia" means to produce a humane death of an animal by standards deemed acceptable by the board as set forth in its rules;

         G. "euthanasia agency" means a facility that provides shelter to animals on a regular basis, including a small animal impound facility, a humane society or a public or private shelter facility that temporarily houses stray, unwanted or injured animals, and that performs euthanasia;

         H. "euthanasia drugs" means non-narcotic Schedule II or Schedule III substances and chemicals as set forth in the Controlled Substances Act that are used for the purposes of euthanasia and pre-euthanasia of animals;

         I. "euthanasia instructor" means a veterinarian or a euthanasia technician certified by the board to instruct other individuals in euthanasia techniques;

         J. "euthanasia technician" means a person licensed by the board to euthanize animals for a euthanasia agency;

         K. "livestock" means all domestic or domesticated animals that are used or raised on a farm or ranch and exotic animals in captivity and includes horses, asses, mules, cattle, sheep, goats, swine, bison, poultry, ostriches, emus, rheas, camelids and farmed cervidae but does not include canine or feline animals;

         L. "rescue organization" means an organization that rescues animals and is not involved in the breeding of animals;

         M. "supervising veterinarian" means a person who is a veterinarian, who holds both a valid New Mexico controlled substance license and a valid federal drug enforcement agency license and who approves the drug protocols and the procurement and administration of all pharmaceuticals; and

         N. "veterinarian" means a person who is licensed as a doctor of veterinary medicine by the board pursuant to the Veterinary Practice Act."

    SECTION 191. Section 77-1B-8 NMSA 1978 (being Laws 2007, Chapter 60, Section 8, as amended by Laws 2009, Chapter 102, Section 11 and by Laws 2009, Chapter 103, Section 2) is amended to read:

    "77-1B-8. EUTHANASIA AGENCIES--INSPECTIONS--EXEMPTIONS.--

         A. The board shall have authority over the licensing of euthanasia agencies. All euthanasia agencies shall be licensed by the board prior to euthanasia being performed by that agency.

         B. The board shall adopt rules governing the procedures for administering euthanasia; provided that the use of carbon monoxide gas chambers shall be prohibited for the euthanasia of cats and dogs.

         C. The board shall establish rules for inspecting a facility holding or claiming to hold a license as a euthanasia agency in this state.                         

         D. The board shall establish policies and procedures for [record keeping] recordkeeping and for securing, using and disposing of euthanasia drugs in accordance with requirements of the Controlled Substances Act, the United States drug enforcement administration's Controlled Substances Act and the rules of the board of pharmacy.

         E. Euthanasia agencies using controlled substances shall have on staff or under contract a consulting pharmacist as that position is defined in the Pharmacy Act.

         F. A supervising veterinarian is not required to be on the premises of a euthanasia agency when euthanasia is performed.

         G. Nothing in [Chapter 77, Article 1B NMSA 1978] the Animal Sheltering Act shall be construed as allowing a euthanasia technician or a euthanasia instructor to engage in the practice of veterinary medicine when performing the duties set forth in that act.

         H. Nothing in [Chapter 77, Article 1B NMSA 1978] the Animal Sheltering Act shall be construed as preventing a euthanasia instructor from euthanizing animals during a board-approved course on euthanasia instruction.

         I. Nothing in [Chapter 77, Article 1B NMSA 1978] the Animal Sheltering Act affects wildlife rehabilitators working under the auspices of the department of [game and fish] wildlife conservation.

         J. A veterinary clinic serving as a euthanasia agency pursuant to a contract with a local government is exempt from the provisions of [Chapter 77, Article 1B NMSA 1978] the Animal Sheltering Act; provided that the veterinary clinic is subject to licensure and rules adopted pursuant to the Veterinary Practice Act.

         K. A municipal facility that is a zoological park is exempt from the provisions of [Chapter 77, Article 1B NMSA 1978] the Animal Sheltering Act."

    SECTION 192. Section 77-1B-9 NMSA 1978 (being Laws 2007, Chapter 60, Section 9, as amended) is amended to read:

    "77-1B-9. VIOLATIONS.--

         A. Unless otherwise provided in the Animal Sheltering Act, it is a violation of that act for a person to:

             (1) perform euthanasia for a euthanasia agency or an animal shelter in this state without possessing a valid license pursuant to the Animal Sheltering Act;

             (2) solicit, advertise or offer to perform an act for which licensure or certification is required pursuant to the Animal Sheltering Act, unless the person holds a license or certification;

             (3) refuse to comply with a cease and desist order issued by the board;

             (4) refuse or fail to comply with the provisions of the Animal Sheltering Act;

             (5) make a material misstatement in an application for licensure or certification;

             (6) intentionally make a material misstatement to the board during an official investigation;

             (7) impersonate an official or inspector;

             (8) refuse or fail to comply with rules adopted by the board or with a lawful order issued by the board;

             (9) aid or abet another in violating provisions of the Animal Sheltering Act, or a rule adopted by the board;

             (10) alter or falsify a certificate of inspection, license or certification issued by the board;

             (11) fail to carry out the duties of a euthanasia technician in a professional manner;

             (12) abuse the use of a chemical substance or be guilty of habitual or excessive use of intoxicants or drugs;

             (13) sell or give chemical substances used in euthanasia procedures to an unlicensed person; or

             (14) assist an unlicensed or unauthorized person in euthanizing animals, except during a board-approved course in euthanasia.

         B. It is a violation of the Animal Sheltering Act for a euthanasia agency or an animal shelter to:

             (1) refuse to permit entry or inspection of its facilities by the board or its designees;

             (2) sell, offer for sale, barter, exchange or otherwise transfer animals that are prohibited by the department of [game and fish] wildlife conservation, the United States department of agriculture or any other regulatory agency to be kept unless the sale, offer for sale, bartering, exchanging or transferring of the animal is to a facility employing permitted rehabilitators or an individual that is a permitted rehabilitator pursuant to the rules adopted by the department of [game and fish] wildlife conservation or another agency that has authority over people who are permitted to receive and provide care for such animals;

              (3) allow a license or certificate issued pursuant to the Animal Sheltering Act to be used by an unlicensed or uncertified person; or

             (4) make a misrepresentation or false promise through advertisements, employees, agents or other mechanisms in connection with the euthanasia of an animal.

         C. It is a violation of the Animal Sheltering Act for an employee or official of the board or the animal sheltering committee to disclose or use for that person's own advantage information derived from reports or records submitted to the board pursuant to that act."

    SECTION 193. Section 17-3-16 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 17, Section 7, as amended) is amended to read:

    "17-3-16. FUNDS--SPECIAL DRAWINGS FOR LICENSES.--

         A. The director of the department of game and fish may provide special envelopes and application blanks when a special drawing is to be held to determine the persons to receive licenses. Money required to be submitted with these applications, if enclosed in the special envelopes, need not be deposited with the state treasurer but may be held by the director until the successful applicants are determined. At that time, the fees of the successful applicants shall be deposited with the state treasurer and the fees submitted by the unsuccessful applicants shall be returned to them.

         B. Beginning with the licenses issued from a special drawing for a hunt code that commences on or after [April 1, 2012:

             (1) licenses shall be issued as follows:

                  (a) ten percent of the licenses to be drawn by nonresidents and residents who will be contracted with a New Mexico outfitter prior to application; and

                  (b) six percent of the licenses to be drawn by nonresidents who are not required to be contracted with an outfitter; and

             (2) a minimum of eighty-four] April 1, 2022, a minimum of ninety percent of the licenses shall be issued to residents of New Mexico.

         C. If the number of resident applicants who apply for licenses [pursuant to the provisions of Paragraphs (1) and (2) of Subsection B of this section] does not constitute at least ninety percent of the allocated licenses [for either category], then the additional licenses available may be granted to another category of applicants. The director shall offer first choice of undersubscribed hunts to residents, whenever practicable.

         [D. If the determination of the percentages in Subsection B of this section yields a fraction of:

             (1) five-tenths or greater, the number of licenses to be issued shall be rounded up to the next whole number; and

             (2) less than five-tenths, the number of licenses shall be rounded down to the next whole number.

         E.] D. The fee for a nonresident license for a special drawing in a high-demand hunt [covered in Subsection B of this section] shall be assessed at the same rate as a license for nonresident quality elk or quality deer. As used in this subsection, "high-demand hunt" means:

             (1) a hunt where the total number of nonresident applicants for a hunt code in each unit exceeds twenty-two percent of the total applicants and where the total applicants for a hunt exceeds the number of licenses available based on application data indicating that this criteria occurred in each of the two immediately preceding years; or

             (2) an additional hunt code designated by the department of game and fish as a quality hunt.

         [F.] E. All antlerless elk hunts pursuant to this section shall be exclusively for New Mexico residents.

         [G.] F. Hunts on all state wildlife management areas shall be allocated exclusively to New Mexico residents.

         [H. As used in this section, "New Mexico outfitter" means a person who has a business:

             (1) with a valid New Mexico state, county or municipal business registration and a valid outfitter license issued by the department of game and fish;

             (2) that is authorized to do and is doing outfitting business under the laws of this state;

             (3) that has paid property taxes or rent on real property in New Mexico, paid gross receipts taxes and paid at least one other tax administered by the taxation and revenue department in each of the three years immediately preceding the submission of an affidavit to the department of game and fish;

             (4) the majority of which is owned by the person who has resided in New Mexico during the three-year period immediately preceding the submission of an affidavit to the department of game and fish;

             (5) that employs at least eighty percent of the total personnel of the business who are New Mexico residents; and

             (6) that has either leased property for ten years or purchased property greater than fifty thousand dollars ($50,000) in value in New Mexico;

             (7) that, if it has changed its name from that of a previously certified business, the business is identical in every way to the previously certified business that meets all criteria;

             (8) that possesses all required federal or state land use permits for the hunt; and

             (9) that operates as a hunting guide service during which at least two days are accompanied with the client in the area where the license is valid.]"

    SECTION 194. TEMPORARY PROVISION--TRANSFER OF FUNCTIONS, PERSONNEL, MONEY, APPROPRIATIONS, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.--On the effective date of this act, all:

         A. functions, personnel, money, appropriations, records, furniture, equipment, supplies and other property of the department of game and fish are transferred to the department of wildlife conservation;

         B. contractual obligations of the department of game and fish are binding on the department of wildlife conservation;

         C. references in law to the department of game and fish shall be deemed to be references to the department of wildlife conservation;

         D. functions, personnel, money, appropriations, records, furniture, equipment, supplies and other property of the state game commission are transferred to the state wildlife conservation commission;

         E. contractual obligations of the state game commission are binding on the state wildlife conservation commission; and

         F. references in law to the state game commission shall be deemed to be references to the state wildlife conservation commission.

    SECTION 195. APPROPRIATION.--

         A. One million dollars ($1,000,000) is appropriated from the general fund to the department of game and fish for expenditure in fiscal year 2022 and subsequent fiscal years for the management of species of greatest conservation need, as enumerated in the state wildlife action plan. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

         B. One million dollars ($1,000,000) is appropriated from the general fund to the department of game and fish for expenditure in fiscal year 2022 for expenses relating to the name change of the department and the state game commission. Any unexpended or unencumbered balance remaining at the end of fiscal year 2022 shall revert to the general fund.

    SECTION 196. REPEAL.--Section 17-3-25 NMSA 1978 (being Laws 1967, Chapter 26, Section 1, as amended) is repealed.

    SECTION 197. DELAYED REPEAL.--That version of Section 17-3-16 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 17, Section 7, as amended) that was amended by Section 193 of this act is repealed effective July 1, 2022.

    SECTION 198. EFFECTIVE DATE.--

         A. The effective date of the provisions of Section 195 of this act is July 1, 2021.

         B. The effective date of the provisions of Section 193 of this act is April 1, 2022.

         C. The effective date of the provisions of Sections 1 through 192, 194, 196 and 197 of this act is July 1, 2022.