45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO GAME MANAGEMENT; PROVIDING FOR DEPREDATION HUNTS OF ELK; PROVIDING POWERS AND DUTIES; REQUIRING SPECIAL LICENSES; CREATING A FUND; PROVIDING FOR DISPOSITION OF DEPREDATION HUNT FEES; MAKING AN APPROPRIATION.

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

Section 1. 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] he 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] 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 on private land in which [they have] he has an ownership or leasehold interest, including game animals and other quadrupeds, game birds and fowl, that present a threat to human life or damage to property, including crops, according to [regulations] rules adopted by the commission. The [regulations] rules shall:

(1) provide [a method] methods for filing a complaint [to] with the department, including means to verify a telephonically or electronically filed complaint by the landowner or lessee, or employee of either of them, of the existence of a depredation problem;

(2) provide for various departmental interventions, depending upon the type of animal and depredation, including immediate depredation hunts;

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

[(4) 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)] (4) permit the landowner or lessee to reject for good cause the interventions offered by the department

[(6) 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. If a landowner or lessee, or employee of either, files an elk depredation complaint with the department pursuant to this section, the complainant may request immediate intervention through a depredation hunt. The department has three days to verify the extent of the depredation and call a depredation hunt or notify the complainant of its reasons for not calling a depredation hunt. The complainant may appeal the decision of the department not to call a depredation hunt to the commission, and the commission shall meet within ten days to hear the matter. The commission shall provide by rule for an expedited appeal process on requests for intervention through an immediate depredation hunt. The decision of the commission shall be final. The department shall work expeditiously to provide other interventions satisfactory to the landowner or lessee to the complainant if a depredation hunt is not approved.

D. If the department or the commission agrees with the complainant, it shall call a depredation hunt as provided in Section 4 of this act. The department or the commission shall specify how many permits it will issue for the hunt. A depredation hunt shall be held only in the unit hunt area in which the land subject to the intervention is located. The landowner or lessee shall receive one depredation hunt permit for each one allocated to the public for the specific hunt; provided that if the department issues only one permit, it shall be given to the landowner or lessee.

[C.] E. For purposes of this section:

(1) "commission" means the state game commission;

(2) "department" means the department of game and fish; and

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

Section 2. 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; and

(24) "elk depredation" entitles the licensee to hunt elk in an area and for a time established by the state game commission as provided in Section 4 of this act.

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 3. 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 or permit 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, elk depredation . 150.00

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, elk depredation . 150.00

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 4. A new section of the Chapter 17 NMSA 1978 is enacted to read:

"[NEW MATERIAL] ELK DEPREDATION PERMITS--LIMITATIONS.--

A. Anyone otherwise qualified for a general hunting license may apply for a depredation hunt permit by February 5 of the year in which a depredation hunt may be called. Special envelopes and application forms shall be provided by the department of game and fish, and money shall be held in accordance with the provisions of Section 17-3-16 NMSA 1978. An applicant may include telephone or facsimile numbers or email address with the application if he chooses to be notified by those forms; otherwise, notification for a depredation hunt shall be by regular mail.

B. Elk depredation permits are for antlerless hunts only, and bag limits are in addition to other bag limits of other licenses or permits held by an applicant.

C. Names of applicants shall be placed by random drawing on a depredation hunt list. The department of game and fish shall notify the applicant when he is selected for a depredation hunt and the hunt areas, dates, bag limits and special restrictions of the depredation hunt. An applicant shall notify the department within three days whether he is available to participate in the hunt. If an applicant is unable to participate, his name shall be moved to the bottom of the list, and the next hunter on the list shall be contacted."

Section 5. A new section of Chapter 17 NMSA 1978 is enacted to read:

"[NEW MATERIAL] GAME DEPREDATION FUND.--The "game depredation fund" is created in the state treasury. The fund consists of a portion of depredation hunt permit fees, gifts, grants, donations, earnings from investment of the fund and any other money credited to the fund. The fund shall be administered by the department of game and fish, and money in the fund is appropriated to the department to pay for fencing and other measures to mitigate property damage by game. Payments 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 or his authorized representative."

Section 6. A new section of Chapter 17 NMSA 1978 is enacted to read:

"[NEW MATERIAL] ELK DEPREDATION PERMIT FEE--DISPOSITION.--One hundred dollars ($100) of the elk depredation permit shall be deposited to the credit of the game depredation fund. The remainder of the fee shall be deposited to the credit of the game protection fund."