February 25, 1999

HOUSE FLOOR AMENDMENT number ______ to HOUSE BILL 331, as amended

Amendment sponsored by Representative Mimi Stewart

1. Strike House Energy and Natural Resources Committee Amendments 5, 9 and 13.

2. On page 3, between lines 10 and 11, insert a new paragraph to read:

"(10) for illegally taking, attempting to take, killing, capturing or possessing of each jaguar, a fine of two thousand dollars ($2,000); and".

3. On page 5, between lines 2 and 3, insert a new paragraph to read:

"(10) for illegally taking, attempting to take, killing, capturing or possessing of each jaguar, a fine of four thousand dollars ($4,000); and".

4. On page 6, between lines 23 and 24, insert a new paragraph to read:

"(10) for illegally taking, attempting to take, killing, capturing or possessing of each jaguar, a fine of six thousand dollars ($6,000); and".

5. On page 7, after line 25, insert the following new section:

"Section 3. 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, or any other officer charged with enforcement of the laws relating to game and fish 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 damage 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. 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.

C. 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.

D. 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.

E. 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 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 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 regulations of the department."".

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Adopted ___________________ Not Adopted ___________________________

 (Chief Clerk) (Chief Clerk)

Date ________________