0001| AN ACT | 0002| RELATING TO HUNTING LICENSES; IMPOSING LIMITATIONS ON THE NUMBER OF | 0003| CERTAIN HUNTING LICENSES TO BE ISSUED TO NONRESIDENTS; ESTABLISHING | 0004| CRITERIA FOR THE DESIGNATION OF HIGH-DEMAND UNITS; IMPOSING | 0005| REQUIREMENTS CONCERNING GUIDES AND OUTFITTERS; AMENDING, | 0006| REPEALING AND ENACTING CERTAIN SECTIONS OF THE NMSA 1978. | 0007| | 0008| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0009| Section 1. Section 17-3-16 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 17, | 0010| Section 7) is amended to read: | 0011| "17-3-16. FUNDS--SPECIAL DRAWINGS FOR LICENSES.-- | 0012| A. The director of the department of game and fish may provide special | 0013| envelopes and application blanks when a special drawing is to be held to determine the persons | 0014| to receive licenses. Money required to be submitted with these applications, if enclosed in the | 0015| special envelopes, need not be deposited with the state treasurer but may be held by the | 0016| director until the successful applicants are determined. At that time, the fees of the successful | 0017| applicants shall be deposited with the state treasurer and the fees submitted by the unsuccessful | 0018| applicants shall be returned to them. | 0019| B. Beginning with the licenses issued from a special drawing for a hunt code on | 0020| public lands that commences on or after April 1, 1997: | 0021| (1) seventeen percent of the licenses shall be issued to nonresidents. | 0022| Except for antelope and javelina licenses, each nonresident applicant shall, at the time of | 0023| submission of the application for the license, sign the application and identify the registration | 0024| number of the New Mexico registered outfitter who will be used with the hunting party that | 0025| includes the nonresident. The nonresident shall be required to contract for outfitting services | 0001| with the New Mexico registered outfitter identified in the application. Except for antelope and | 0002| javelina licenses, the nonresident shall not be allowed to hunt with a license issued from a | 0003| drawing for a hunt on public lands without utilizing and being physically accompanied on the | 0004| hunt by the New Mexico registered outfitter identified in the application, or one of that outfitter's | 0005| guides; provided, however, that this requirement shall not apply to lands under the control of the | 0006| federal military if the military objects to it. In a hunt covered by this paragraph that requires a | 0007| New Mexico registered guide, there shall be at least one New Mexico registered guide or | 0008| outfitter accompanying every four or fewer nonresident hunters; | 0009| (2) three percent of the licenses shall be issued to individuals listed on an | 0010| application where at least two of the applicants are residents and no more than two of the | 0011| applicants are nonresidents. Each resident must be a New Mexico resident for at least one year | 0012| prior to submitting the application. Nonresidents listed on such applications shall not be | 0013| required to utilize the services of a registered New Mexico guide or outfitter, provided the | 0014| nonresidents are physically accompanied on the hunt for that hunt code by the residents listed on | 0015| the application; and | 0016| (3) eighty percent of the licenses shall be issued to residents of New | 0017| Mexico. | 0018| C. If the number of nonresidents who apply for licenses pursuant to the | 0019| provisions of Paragraphs (1) and (2) of Subsection B of this section does not constitute the | 0020| allocated percentages identified in those provisions for a hunt code, then all of the nonresident | 0021| applicants shall be granted licenses, and the remainder of the licenses shall be made available to | 0022| residents for the special drawing for that hunt code. | 0023| D. If the determination of seventeen percent or three percent in Paragraphs (1) | 0024| and (2) of Subsection B of this section yields a fraction of: | 0025| (1) five-tenths or greater, the number of licenses to be issued shall be | 0001| rounded up to the next whole number; and | 0002| (2) less than five-tenths, the number of licenses shall be rounded down to | 0003| the next whole number. | 0004| E. The fee for a nonresident license for a special drawing in a high-demand hunt | 0005| covered in Subsection B of this section shall be assessed at the same rate as a license for | 0006| nonresident quality elk or quality deer. As used in this subsection, "high-demand hunt" means: | 0007| (1) a hunt where the total number of nonresident applicants for a hunt | 0008| code in each unit exceeds twenty percent of the total applicants based on data for the two | 0009| immediately preceding years; or | 0010| (2) an additional hunt code designated by the department as a quality | 0011| hunt." | 0012| Section 2. Effective June 30, 1999, Section 17-3-16 NMSA 1978 (being Laws 1964 (1st | 0013| S.S.), Chapter 17, Section 7, as amended by Section 1 of this act) is repealed and a new Section | 0014| 17-3-16 NMSA 1978 is enacted to read: | 0015| "17-3-16. FUNDS--SPECIAL DRAWINGS FOR LICENSES.--The director of the | 0016| department of game and fish may provide special envelopes and application blanks when a | 0017| special drawing is to be held to determine the persons to receive licenses. Money required to be | 0018| submitted with these applications, if enclosed in the special envelopes, need not be deposited | 0019| with the state treasurer but may be held by the director until the successful applicants are | 0020| determined. At that time, the fees of the successful applicants shall be deposited with the state | 0021| treasurer and the fees submitted by the unsuccessful applicants shall be returned to them." | 0022| Section 3. A new section of Chapter 17 NMSA 1978 is enacted to read: | 0023| "DEFINITIONS.--For the purposes of Chapter 17 NMSA 1978: | 0024| A. "hunt code" means a description used to identify and define the species, | 0025| weapon type and time frame authorized for a specific hunt; | 0001| B. "outfitter" or "guide" means a person who advertises or holds himself out to | 0002| the public for hire or is employed or accepts compensation for providing, within the unit where a | 0003| hunt occurs, facilities, equipment or services for hunting activities; provided, however, that | 0004| "outfitter" or "guide" does not include a person who only cooks, cuts wood or performs other | 0005| comparable or incidental duties not directly related to hunting activities; and | 0006| C. "unit" means a geographically bound area in the state that is used to manage | 0007| game species." | 0008| Section 4. A new section of Chapter 17 NMSA 1978 is enacted to read: | 0009| "STATEWIDE SYSTEM FOR HUNTING ACTIVITIES.--The state game commission | 0010| shall develop a statewide system for hunting activities that increases participation by New | 0011| Mexico residents and considers hunter safety, quality hunts, high demand areas, guides and | 0012| outfitters, quotas and local and financial interests." | 0013| Section 5. A new section of Chapter 17 NMSA 1978 is enacted to read: | 0014| "HUNTING GUIDES AND OUTFITTERS.-- | 0015| A. Effective April 1, 1997, it is unlawful to be a hunting guide or outfitter in | 0016| New Mexico without being registered, except for a private landowner or his authorized agent | 0017| who outfits or guides pursuant to a landowner permit issued by the department of game and fish | 0018| for the landowner's property or for the landowner's shared private and public unit. | 0019| B. The state game commission shall adopt regulations by September 1, 1997 to | 0020| govern the granting of non-interim registration, permits and certificates to hunting guides and | 0021| outfitters and to regulate the operations and professional conduct of registered hunting guides | 0022| and outfitters. Regulations shall be adopted in accordance with the following procedures and | 0023| standards: | 0024| (1) the commission shall establish dates and locations for a public hearing | 0025| and provide reasonable prior public notice of a hearing. A public hearing shall be held at a place | 0001| within any quadrant of the state affected by the proposed regulation when the commission | 0002| determines there is substantial public interest in holding a hearing in that quadrant; | 0003| (2) a hearing shall be held within six months of the date a proposed | 0004| regulation is issued; | 0005| (3) notice of a hearing shall: | 0006| (a) include the date, time and location of the hearing; | 0007| (b) include a statement of the recommended action; | 0008| (c) include an indication of the location and availability of the | 0009| public file on the regulation; | 0010| (d) indicate where and by what date written and oral comments | 0011| and testimony may be received; and | 0012| (e) specify that the public record shall remain open for comments | 0013| for thirty days after the date of the final hearing; and | 0014| (4) the commission shall make its decision and take action based upon | 0015| relevant and reliable evidence. | 0016| C. No person shall be allowed to work as a registered hunting guide or outfitter | 0017| in New Mexico: | 0018| (1) without being registered by the state game commission; | 0019| (2) if the person has had a guide or outfitter license, registration, permit | 0020| or certificate revoked in another state; | 0021| (3) if the person has had a guide or outfitter license, registration, permit | 0022| or certificate suspended in another state and it has not been reinstated; or | 0023| (4) if the person has been convicted of a felony. | 0024| D. The state game commission shall develop a point system for the suspension or | 0025| revocation of a guide or outfitter registration. The point system shall be similar to the point | 0001| system that governs individual hunting and fishing license privileges. | 0002| E. To be granted a registration to be a guide, an applicant shall, in addition to | 0003| any other reasonable criteria adopted by the state game commission, and except as provided for | 0004| persons granted an interim registration: | 0005| (1) be at least eighteen years of age; | 0006| (2) pass a written or oral examination approved by the department of | 0007| game and fish at a date and time approved by the department; and | 0008| (3) be endorsed on his application by a New Mexico registered or interim | 0009| registered outfitter. | 0010| F. A registered or interim registered guide shall work only under the supervision | 0011| of a New Mexico registered or interim registered outfitter and in an area designated by the | 0012| registered or interim registered outfitter. | 0013| G. The department of game and fish may provide a registration for a temporary | 0014| emergency guide, provided the registration is limited to a maximum seven-day period and is | 0015| granted only in emergency circumstances as determined by the department. The fee for a | 0016| temporary emergency guide registration is ten dollars ($10.00). | 0017| H. To be granted a registration to be an outfitter, an applicant shall, in addition to | 0018| any other reasonable criteria adopted by the state game commission, and except as provided for | 0019| persons granted an interim registration: | 0020| (1) be at least twenty-one years of age; | 0021| (2) have operated as a New Mexico registered guide for at least three | 0022| years or have been granted an interim outfitter's registration; | 0023| (3) not be a convicted felon or have a history of violation of federal or | 0024| state game and fish laws or regulations or federal or state guide or outfitter licensing or | 0025| registration laws or regulations; | 0001| (4) pass a written or oral examination approved by the department of | 0002| game and fish at a date and time determined by the department; and | 0003| (5) be endorsed by a registered outfitter. | 0004| I. A registered outfitter shall: | 0005| (1) provide proof of commercial liability insurance of at least five | 0006| hundred thousand dollars ($500,000); | 0007| (2) responsibly supervise each registered guide working under his | 0008| direction; | 0009| (3) provide a written contract for outfitting services, signed by the | 0010| registered outfitter and identifying the outfitter's registration number, to each nonresident who | 0011| seeks to use, and before the nonresident applies for, a license granted from a special drawing for | 0012| a hunt on public lands pursuant to the provisions of Section 17-3-16 NMSA 1978; | 0013| (4) register with the taxation and revenue department and provide proof | 0014| of that registration to the department of game and fish; and | 0015| (5) provide at least one registered guide or outfitter for every four or | 0016| fewer nonresident hunters who are granted a license, pursuant to an application listing the | 0017| outfitter's registration number, from a special drawing for a hunt on public lands pursuant to the | 0018| provisions of Section 17-3-16 NMSA 1978. | 0019| J. The department of game and fish shall provide to the taxation and revenue | 0020| department a copy of each outfitter registration that is granted. | 0021| K. No person shall be allowed to charge a processing or other fee to obtain for a | 0022| nonresident a license that is granted from a special drawing for a hunt on public lands pursuant | 0023| to the provisions of Section 17-3-16 NMSA 1978, unless the person who obtains the license is a | 0024| registered New Mexico guide or outfitter who physically accompanies the nonresident hunter on | 0025| the hunt. | 0001| L. The department of game and fish shall develop by September 1, 1996 a point | 0002| system to provide preferences for the use of registered outfitters who are New Mexico residents. | 0003| The point system shall include a progressive preference based upon the total number of years of | 0004| guiding or outfitting operations in New Mexico. | 0005| M. A New Mexico resident registered outfitter shall be defined by the state game | 0006| commission in accordance with regulations it adopts. The regulations shall require at a | 0007| minimum that a resident registered outfitter shall maintain a residence and business address in | 0008| New Mexico and derive at least fifty percent of his guiding or outfitting income from guiding or | 0009| outfitting services provided in New Mexico, as determined by gross receipts or corporate or | 0010| individual income tax returns for the immediately preceding three years. The registration | 0011| applicant may voluntarily provide copies of the necessary tax records, or the taxation and | 0012| revenue department shall assist the commission as needed to make this determination. Tax | 0013| records shall be confidential. | 0014| N. The department of game and fish shall maintain for public distribution a list | 0015| of New Mexico registered outfitters. | 0016| O. The annual registration fee for a registered guide in New Mexico is fifty | 0017| dollars ($50.00) for a resident and one hundred dollars ($100) for a nonresident. | 0018| P. The annual registration fee to be a registered outfitter in New Mexico is five | 0019| hundred dollars ($500) for a resident and five thousand dollars ($5,000) for a nonresident. | 0020| Q. Annual registration fees for guides and outfitters shall be deposited in the | 0021| game protection fund. | 0022| R. The state game commission shall adopt by September 1, 1996 interim | 0023| regulations, consistent to the greatest extent practicable with the provisions of this section, to | 0024| provide for the granting of interim registrations to guides and outfitters. The commission shall | 0025| issue interim registrations prior to mailing applications for 1997 licensed hunts to persons who | 0001| qualify for interim registration and submit applications to the department of game and fish by | 0002| November 1, 1996. | 0003| S. A person adversely affected by an action, other than a regulation, taken | 0004| pursuant to the provisions of this section, including the denial, suspension or revocation of a | 0005| registration, license, permit or certificate, may seek review of the action pursuant to the | 0006| provisions of the Uniform Licensing Act. | 0007| T. A person adversely affected by a regulation adopted by the state game | 0008| commission pursuant to this section may appeal to the court of appeals. All appeals shall be | 0009| made upon the record at the hearing and shall be taken to the court of appeals within thirty days | 0010| following the date of the action. The date of the action shall be the date of the filing of the | 0011| regulation by the commission, pursuant to the provisions of the State Rules Act. | 0012| U. Upon appeal, the court of appeals shall set aside a regulation only if it is | 0013| found to be: | 0014| (1) arbitrary, capricious or an abuse of discretion; | 0015| (2) not supported by substantial evidence in the record; or | 0016| (3) otherwise not in accordance with law. | 0017| V. After a hearing and a showing of good cause by the appellant, a stay of a | 0018| regulation being appealed may be granted: | 0019| (1) by the state game commission; or | 0020| (2) by the court of appeals if the state game commission denies a stay or | 0021| fails to act upon an application for a stay within sixty days after receipt of the application. | 0022| W. The appellant shall pay all costs for any appeal found to be frivolous by the | 0023| court of appeals." | 0024| Section 6. DELAYED REPEAL.--Sections 1 and 3 through 5 of this act are repealed | 0025| effective June 30, 1999. | 0001| Section 7. ACT NOT SEVERABLE.--If any part or application of this act is held | 0002| invalid, the remainder or its application to other situations or persons shall likewise be invalid. | 0003| The provisions of this act are not severable. | 0004| Section 8. EFFECTIVE DATE.-- | 0005| A. The effective date of the provisions of Sections 1 and 3 through 5 of this act is | 0006| July 1, 1996. | 0007| B. The effective date of the provisions of Section 2 of this act is June 30, | 0008| 1999. | 0009| |