HOUSE BILL 149
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
William "Bill" R. Rehm
AN ACT
RELATING TO GAME AND FISH; AMENDING AND ENACTING SECTIONS OF CHAPTER 17 NMSA 1978 TO CONSOLIDATE CERTAIN FEES UNDER HUNTING AND FISHING LICENSES; PROVIDING FOR REDUCED LICENSE RATES FOR NONRESIDENT JUNIOR HUNTERS; PROVIDING FOR A FREE SECOND ROD FOR FISHING; PROVIDING THAT NO OTHER SPECIAL FEES BE COLLECTED TO HUNT OR FISH; PROVIDING FOR THE ORDER OF CHOICES IN DRAWINGS FOR HUNTING; MAKING APPROPRIATIONS.
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) "oryx" entitles the licensee to hunt oryx during the open season;
(15) "ibex" entitles the licensee to hunt ibex during the open season;
(16) "cougar" entitles the licensee to hunt cougar during the open season;
(17) "turkey" entitles the licensee to hunt turkey during the open season;
(18) "special season turkey" entitles the licensee to hunt turkey during special seasons designated by the state game commission;
(19) "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;
(20) "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;
(21) "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;
(22) "second rod" entitles the licensee to fish using two fishing rods to fish for game fish during the open seasons for each species; and
(23) "fishing and small game combination" entitles the licensee to hunt squirrel and game birds, other than wild turkey, and to fish for game fish during the open season for each.
B. A hunting license does not entitle the licensee to hunt, kill or take game animals or birds within or upon a park or enclosure licensed or posted as provided by law or within or upon a privately owned enclosure without consent of the owner or within or upon a game refuge or game management area.
C. A fishing license does not entitle the licensee to fish for or take fish within or upon a park or enclosure licensed or posted as provided by law or within or upon a privately owned enclosure without consent of the owner or in or on closed waters.
D. A junior fishing license may be purchased by a resident who has reached the age of twelve years but has not reached the age of eighteen years. A junior fishing license entitles the licensee to fish for game fish during the open season for each species.
E. A senior fishing license may be purchased by a resident who has reached the age of sixty-five years. A senior fishing license entitles the licensee to fish for game fish during the open season for each species.
F. A nonresident junior fishing license may be purchased by a nonresident who has reached the age of twelve years but has not reached the age of eighteen years. A nonresident junior fishing license entitles the licensee to fish for game fish during the open season for each species.
G. A senior general hunting license may be purchased by a resident who has reached the age of sixty-five years. A senior general hunting license entitles the licensee to hunt for deer, squirrel and game birds during the open seasons for each species.
H. A junior general hunting license may be purchased by a resident who has not reached the age of eighteen years. A junior general hunting license entitles the licensee to hunt for deer, squirrel and game birds during the open seasons for each species.
I. A handicapped fishing license may be purchased by a 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 a 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.
J. A handicapped general hunting license may be purchased by a 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.
K. A fishing license may be obtained at no cost by a resident who has reached the age of seventy years.
L. A second rod validation may be purchased by either a resident or nonresident. A second rod validation entitles the licensee to fish using two rods for game fish during the open season for each species.
M. A [junior-senior] junior or a senior elk license may be purchased by a resident who has not reached the age of eighteen years or by a resident who has reached the age of sixty-five years, respectively. A [junior-senior] junior or a senior elk license entitles the licensee to hunt for elk during the open season for that species.
N. A [junior-senior] junior or a senior deer license may be purchased by a resident who is younger than eighteen years or older than sixty-five years, respectively. A [junior-senior] junior or a senior deer license entitles the licensee to hunt for deer during the open season for that species.
O. A [junior-senior] junior or a senior fishing and small game combination license may be purchased by a resident who is younger than eighteen years or older than sixty-five years, respectively. A [junior-senior] junior or a senior fishing and small game combination license entitles the licensee to fish for game fish or hunt for squirrel and game birds, other than wild turkey, during the open seasons for each species.
P. A disabled veteran fishing and small game combination license may be purchased by a resident who has been granted a disability by the federal department of veterans affairs as a result of having served in the armed forces of the United States if the resident submits to the state game commission satisfactory proof that the resident was disabled as a result of having served in the armed forces of the United States. A disabled veteran fishing and small game combination license entitles the licensee to fish for game fish or hunt for squirrel and game birds, other than wild turkey, during the open season for each species.
Q. A military general hunting and fishing license may be purchased by a member of the armed forces of the United States who, for a period of not less than ninety days immediately preceding the date of application for the license, has been domiciled in New Mexico and has not claimed residency elsewhere for any purpose. A military general hunting and fishing license entitles the licensee to hunt deer, squirrel and game birds and to fish for game fish during the open seasons for each species."
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 the department, numbering each class separately. Upon satisfactory proof that a license or permit has been lost before its expiration, the director 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. . . . . . . . . . . . . [$25.00] $33.00
Resident, small game. . . . . . . . . . . . .[20.00] 28.00
Resident, deer. . . . . . . . . . . . . . . .[36.00] 49.00
Resident, junior [senior], deer. . . . . . . [24.00] 29.00
Resident, senior, deer. . . . . . . . . . . . . . . .37.00
Resident, general hunting. . . . . . . . . .[40.00] 53.00
Resident, general hunting and fishing. . . . [59.00] 72.00
Resident, senior, handicapped, military,
general hunting and fishing. . . . . . . . . [28.00] 41.00
Resident, junior, general
hunting and fishing. . . . . . . . . . . . . [20.00] 25.00
Resident, fishing and small game combination.[33.00] 41.00
Resident, junior [senior], fishing and small game
combination. . . . . . . . . . . . . . . . . . . . . 16.00
Resident, senior, fishing and small game
combination. . . . . . . . . . . . . . . . . . . . . 24.00
Resident, disabled veteran, fishing and small gamecombination. . . . . . . . . . . . . . . . . [10.00] 18.00
Resident, antelope. . . . . . . . . . . . . [50.00] 63.00
Resident, elk cow. . . . . . . . . . . . . .[50.00] 63.00
Resident, elk bull or either sex. . . . . . .[80.00] 93.00
Resident, junior [senior], elk. . . . . . . .[48.00] 53.00
Resident, senior, elk. . . . . . . . . . . . . . . . 61.00
Resident, bighorn sheep, ram. . . . . . . .[150.00] 163.00
Resident, bighorn sheep, ewe. . . . . . . . .[75.00] 88.00
Resident, Barbary sheep. . . . . . . . . .[100.00] 113.00
Resident, bear. . . . . . . . . . . . . . . .[44.00] 57.00
Resident, turkey. . . . . . . . . . . . . . .[25.00] 33.00
Resident, cougar. . . . . . . . . . . . . . .[40.00] 53.00
Resident, oryx. . . . . . . . . . . . . . .[150.00] 163.00
Resident, ibex. . . . . . . . . . . . . . .[100.00] 113.00
Resident, javelina. . . . . . . . . . . . . [55.00] 68.00
Resident, fur dealer. . . . . . . . . . . . .[15.00] 23.00
Resident, trapper. . . . . . . . . . . . . .[20.00] 28.00
Resident, junior trapper. . . . . . . . . . . . . . . 9.00
Nonresident, fishing. . . . . . . . . . . . .[56.00] 64.00
Nonresident, junior fishing. . . . . . . . . [28.00] 17.00
Nonresident, small game. . . . . . . . . . . [90.00] 98.00
Nonresident, deer. . . . . . . . . . . . . [260.00] 278.00
Nonresident, quality deer. . . . . . . . . [345.00] 363.00
Nonresident, bear. . . . . . . . . . . . . [250.00] 268.00
Nonresident, cougar. . . . . . . . . . . . [280.00] 298.00
Nonresident, turkey. . . . . . . . . . . . [100.00] 108.00
Nonresident, antelope. . . . . . . . . . . [260.00] 278.00
Nonresident, elk cow. . . . . . . . . . . .[315.00] 170.00
Nonresident, elk bull or either sex. . . . [525.00] 280.00
Nonresident, quality elk. . . . . . . . . .[750.00] 768.00
Nonresident, bighorn sheep. . . . . . .[3,150.00] 3,168.00
Nonresident, Barbary sheep. . . . . . . . .[350.00] 368.00
Nonresident, oryx. . . . . . . . . . . [1,600.00] 1,618.00
Nonresident, ibex. . . . . . . . . . . [1,600.00] 1,618.00
Nonresident, javelina. . . . . . . . . . . [155.00] 173.00
Nonresident, fur dealer. . . . . . . . . .[125.00] 133.00
Nonresident, trapper. . . . . . . . . . . .[345.00] 353.00
Nonresident, nongame. . . . . . . . . . . . .[65.00] 73.00
Resident, senior, handicapped,
fishing. . . . . . . . . . . . . . . . . . . .[8.00] 16.00
Resident, junior fishing. . . . . . . . . . . . . . .5.00
Temporary fishing, one day. . . . . . . . . .[12.00] 20.00
Temporary fishing, five days. . . . . . . . .[24.00] 32.00
Resident, senior, handicapped,
general hunting. . . . . . . . . . . . . . .[24.00] 37.00
Resident, junior general hunting. . . . . . .[15.00] 20.00
Temporary small game, four days. . . . . . . [33.00] 41.00
[Second rod validation. . . . . . . . . . . . . . . .4.00]
Nonresident, junior deer. . . . . . . . . . . . . .143.00
Nonresident, junior small game. . . . . . . . . . . .50.00
Nonresident, junior elk. . . . . . . . . . . . . . .273.00
Nonresident, junior general hunting. . . . . . . . .53.00.
C. The license fees provided for in this section shall include the habitat management fee collected pursuant to Section 17-4-34 NMSA 1978 and the big game depredation fee collected pursuant to Section 17-3-13.3 NMSA 1978, and no other fee shall be collected for habitat management.
D. Free permits to hunt shall be provided as a check-off option on the license obtained pursuant to this section.
E. No additional license fee shall be charged for a second fishing rod."
SECTION 3. Section 17-3-13.3 NMSA 1978 (being Laws 2001, Chapter 213, Section 1) is amended to read:
"17-3-13.3. BIG GAME DEPREDATION DAMAGE [STAMP] FEE REQUIRED--DISPOSITION OF RECEIPTS.--
A. Each license to hunt big game shall include a big game depredation damage [stamp] fee. The department of game and fish shall, by rule, set the fee [for the stamp; provided that the fee shall] not to exceed five dollars ($5.00) for each resident license or ten dollars ($10.00) for each nonresident license.
[B. No license to hunt big game shall be considered to be a proper and valid license unless it indicates, by a stamp, check off or other official mark, that the fee for the big game depredation damage stamp has been paid.
C.] B. Revenues received by the department of game and fish from the [sale of] big game depredation damage [stamps] fees shall be deposited to the credit of the big game depredation damage fund."
SECTION 4. Section 17-3-13.4 NMSA 1978 (being Laws 2001, Chapter 213, Section 2) is amended to read:
"17-3-13.4. BIG GAME DEPREDATION DAMAGE FUND--CREATION--EXPENDITURE.--
A. The "big game depredation damage fund" is created in the state treasury. The fund consists of appropriations made to the fund, revenues received by the department of game and fish, [from the sale of big game depredation damage stamps] fees collected with each big game hunting license issued pursuant to Sections 17-3-13 and 17-3-13.3 NMSA 1978 and earnings from the investment of the fund. The fund shall be administered by the department, and money in the fund is appropriated to the department to carry out the provisions of Subsection B of this section. Payments from the fund shall be by warrant of the secretary of finance and administration upon vouchers signed by the director of the department or [his] the director's authorized representative. Balances in the fund shall not revert to any other fund.
B. The department of game and fish shall, by rule, establish a program to correct damage to federal, state or private land caused by big game and to prevent such damage in the future. Pursuant to rules adopted by the department, expenditures from the big game depredation damage fund shall be made by the department to carry out the established program; provided that money in the fund shall not be expended for any administrative costs."
SECTION 5. Section 17-4-34 NMSA 1978 (being Laws 2005, Chapter 177, Section 2) is amended to read:
"17-4-34. HABITAT MANAGEMENT [STAMP] FEE--FUND--EXPENDITURE FOR HABITAT MANAGEMENT--EXCEPTION.--
A. [On and after April 1, 2006] Each of the following licenses or permits shall include a habitat management [stamp] fee. The fee for [a] habitat management [stamp] shall be [three dollars ($3.00). Each of the following licenses or permits shall not be considered to be a proper and valid license unless the licensee can demonstrate, by a stamp, check off or other official mark, that the fee for the habitat management stamp has been paid, provided that an individual purchaser shall be required to purchase only one stamp each license year, regardless of the number of licenses or permits purchased by that purchaser] eight dollars ($8.00) for:
(1) a resident or nonresident license specified in Section 17-3-13 NMSA 1978; or
(2) a wildlife-associated recreation permit issued by the state game commission pursuant to Section
[17-1-4] 17-1-14 NMSA 1978.
B. Revenue from the [sale of] habitat management [stamps] fee shall be deposited in the "habitat management fund", hereby created in the state treasury. The fund shall consist of money appropriated and transferred to the fund and revenue from the sale of habitat management [stamps] fees deposited in the fund. Earnings from investment of the fund shall be credited to the fund. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert. Disbursements from the fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the director of the department of game and fish.
C. Upon appropriation by the legislature, money in the habitat management fund may be expended by the state game commission only for the improvement, maintenance, development and operation of [property] national forest and bureau of land management property and property managed by the department of game and fish for fish and wildlife habitat management according to peer-reviewed and scientifically justified habitat management protocols and shall not be distributed among land ownership classes based upon relative acreage, institutional priorities or political justifications or influence.
D. A habitat management [stamp] fee shall not be required for persons under the age of eighteen."
SECTION 6. A new section of Chapter 17, Article 3 NMSA 1978 is enacted to read:
"[NEW MATERIAL] DRAWINGS FOR HUNTING.--When conducting a drawing for a hunt code, the director of the department of game and fish shall allot all first choices before allotting any subsequent choices; thereafter, all second choices before allotting subsequent choices; and thereafter, all subsequent choices."
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