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F I S C A L I M P A C T R E P O R T

SPONSOR HENRC

ORIGINAL DATE

LAST UPDATED

2-15-07

HB 509/HENRCS

SHORT TITLE Exceptions to Use of Light While Hunting

SB

ANALYST Woods

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total $5.0

$5.0

$5.0

$15.0 Recurring General

Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Game and Fish (DGF)

SUMMARY

Synopsis of HENRCS

House Energy and Natural Resources Committee Substitute 509 seeks to modify the use of

artificial light (spotlighting) prohibitions. This substitute makes the language on page 1

consistent with the law as it was previously written and enacted. The substitute leaves the two

new exemptions in place to those that may spotlight. The exemptions would allow all

government employees acting in their official capacity and any person in receipt of a permit or

authorization from the Department of Game and Fish would be able to cast the rays of artificial

light, be in possession of a firearm and even discharge a gun at night.

House Bill 509/HENRCS – Page

2

FISCAL IMPLICATIONS

DGF estimates annual implementation costs to be $5 thousand. Since there is an exemption to

allow any person to conduct such activities who has received a permit or authorization (page 2,

lines 16-18), there will be some minimal fiscal impact to the department. Although the

procedure on how permits like this will be issued has not been determined, department staff will

be responsible for taking, processing and approving these requests. This will add to the duties of

employees as well as take some office equipment and supplies to carry out (phone calls, faxes,

copying and proper form use). This cost estimate is for approximately 100 man hours and the

associated supplies and equipment.

ADMINISTRATIVE IMPLICATIONS

DGF notes that some training would have to occur if this bill passes as Department officers have

been enforcing the current version of the spotlighting prohibition and officers must be retrained.

OTHER SUBSTANTIVE ISSUES

DGF advises that, currently, federal government employees that work for Animal Plant Health

Inspection Service (APHIS) are not allowed to spotlight under the present law. However, it is

recognized that these employees would like to use spotlights and even infrared lights to aid in

taking non-game animals like coyotes or protected predators (under DGF agreement) if they

could by exemption. This bill will allow this to occur.

Further, DGF adds that poaching at night is inherently a dangerous activity. People have been

injured and in rare circumstances killed. Artificial light even with high-candle powered light has

a limited range and bullets can travel easily beyond the rays of the artificial light. A spotlight

when shined in an animal’s eyes tends to freeze the animal in its tracks. This makes both big

game and livestock susceptible to easy killing at night. The state game commission has limited

the legal hunting hours from one-half hour before sunrise to sunset for decades. Each year

numerous individuals are apprehended either with a freshly killed animal or attempting to poach

in New Mexico with the aid of artificial light. During the hunting season, game and fish officers

can find someone spotlighting in violation of 17-2-31 almost any weekend night.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

DGF suggests that APHIS employees will not be able to assist landowners with nuisance or

depredating animals using artificial light at night when these types of animals typical come out

and can be taken.

BFW/mt