AN ACT

RELATING TO GAME AND FISH; CREATING A TEMPORARY SMALL GAME LICENSE; IMPOSING A FEE; AMENDING SECTIONS OF THE NMSA 1978.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Section 1. 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) "small game" entitles the licensee to hunt game birds, other than wild turkey, and squirrel during the open seasons for each;

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

(4) "general hunting" entitles the licensee to hunt deer, squirrel and game birds during the open seasons for each;

(5) "general hunting and fishing" entitles the licensee to hunt deer, squirrel and game birds and to fish for game fish during the open seasons for each;

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

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

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

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

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

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

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

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

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

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

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

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

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

(19) "special season turkey" entitles the licensee to hunt turkey during special seasons designated by the state game commission;

(20) "quality elk" entitles the licensee to hunt elk during a special quality elk season, to be established by the state game 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;

(21) "quality deer" entitles the licensee to hunt deer during a special quality deer season, to be established by the state game 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;

(22) "gazelle" entitles the licensee to hunt gazelle during the open season; and

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

B. No hunting license entitles the licensee to hunt, kill or take game animals or birds within or upon any park or enclosure licensed or posted as provided by law or within or upon any privately owned enclosure without consent of the owner or within or upon any game refuge or game management area.

C. No fishing license entitles the licensee to fish for or take fish within or upon any park or enclosure licensed or posted as provided by law or within or upon any privately owned enclosure without consent of the owner or in or on any closed waters.

D. A junior-senior fishing license may be purchased by any resident who has reached his twelfth birthday but has not reached his fifteenth birthday or by any resident who has reached his sixty-fifth birthday. A junior-senior fishing license entitles the licensee to fish for game fish during the open season for each species.

E. A nonresident junior fishing license may be purchased by any nonresident who has reached his twelfth birthday but has not reached his fifteenth birthday. A nonresident junior fishing license entitles the licensee to fish for game fish during the open season for each species.

F. A senior general hunting license may be purchased by any resident who has reached his sixty-fifth birthday. A senior general hunting license entitles the licensee to hunt for deer, squirrel and game birds during the open seasons for each species.

G. A handicapped fishing license may be purchased by any 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 commission. A handicapped fishing license may be purchased by any 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 commission. A handicapped fishing license entitles the licensee to fish for game fish during the open season for each species.

H. A handicapped general hunting license may be purchased by any 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 commission. A handicapped general hunting license entitles the licensee to hunt for deer, squirrel and game birds during the open season for each species.

I. A fishing license may be obtained at no cost by any resident who has reached his seventieth birthday."

Section 2. 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 shall keep a record of all money received and licenses and permits issued by him, numbering each class separately. Upon satisfactory proof that any license or permit has been lost before its expiration, he may issue a duplicate and collect a just and reasonable fee for it as determined by regulation of the state game commission.

B. The director of the department of game and fish shall collect the following fees for each license of the class indicated:

Resident, fishing $17.50

Resident, small game 12.00

Resident, deer 23.00

Resident, general hunting 25.00

Resident, general hunting and fishing 37.50

Resident, junior-senior handicapped,

general hunting and fishing 20.00

Resident, antelope 30.00

Resident, elk cow 37.00

Resident, elk bull or either sex 60.00

Resident, bighorn sheep 90.00

Resident, Barbary sheep 80.00

Resident, bear 30.00

Resident, turkey 15.00

Resident, cougar 30.00

Resident, bison 100.00

Resident, oryx 100.00

Resident, ibex 60.00

Resident, gazelle 25.00

Resident, javelina 40.00

Resident, fur dealer 10.00

Resident, furbearer 12.00

Resident, junior furbearer 5.00

Nonresident, fishing 39.00

Nonresident, junior fishing 18.50

Nonresident, small game 75.00

Nonresident, deer 180.00

Nonresident, quality deer 300.00

Nonresident, bear 150.00

Nonresident, cougar 200.00

Nonresident, turkey 75.00

Nonresident, antelope 186.00

Nonresident, elk cow 275.00

Nonresident, elk bull or either sex 465.00

Nonresident, quality elk 750.00

Nonresident, bighorn sheep 3,000.00

Nonresident, Barbary sheep 300.00

Nonresident, bison 1,000.00

Nonresident, oryx 1,500.00

Nonresident, ibex 1,500.00

Nonresident, gazelle 3,000.00

Nonresident, javelina 140.00

Nonresident, fur dealer 100.00

Nonresident, furbearer 300.00

Nonresident, nongame 50.00

Resident, junior-senior handicapped,

fishing 5.00

Temporary fishing, one day 8.00

Temporary fishing, five days 16.00

Resident, junior-senior handicapped,

general hunting 15.00

Temporary small game, four days 35.00."

Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1998.