HOUSE ENERGY AND NATURAL RESOURCES COMMITTEE SUBSTITUTE FOR

HOUSE BILL 543

50th legislature - STATE OF NEW MEXICO - first session, 2011

AN ACT

RELATING TO WILDLIFE; ESTABLISHING PROCEDURES FOR ENTERING INTO INTERSTATE WILDLIFE MANAGEMENT COMPACTS GOVERNING SHARED ENDANGERED OR THREATENED SPECIES.

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

     SECTION 1. Section 17-2-42 NMSA 1978 (being Laws 1974, Chapter 83, Section 6) is amended to read:

     "17-2-42. MANAGEMENT PROGRAMS.--

          A. The director shall establish such programs, including programs for research and the acquisition of land or aquatic habitat, as authorized and deemed necessary by the commission for the management of endangered species.

          B. In carrying out programs authorized by the Wildlife Conservation Act, the director may enter into agreements with federal agencies, Indian nations, tribes or pueblos, other states or political subdivisions of the state or with private persons for administration and management of any program established under this section or utilized for management of endangered species.

          C. The director may authorize by permit the taking, possession, transportation, exportation or shipment of species or subspecies [which] that have been deemed by the commission to be in need of management as provided in the Wildlife Conservation Act, so long as such use is for scientific, zoological or educational purposes, for propagation in captivity of such wildlife or to protect private property.

          D. Endangered species may be removed, captured or destroyed where necessary to alleviate or prevent damage to property or to protect human health. Such removal, capture or destruction may be carried out only by prior authorization by permit from the director, unless otherwise provided by law; provided that endangered species may be removed, captured or destroyed without permit by any person in emergency situations involving an immediate threat to human life or private property. Regulations governing the removal, capture or destruction of endangered species shall be adopted by the commission within one year after the effective date of the Wildlife Conservation Act."

     SECTION 2. A new section of the Wildlife Conservation Act is enacted to read:

     "[NEW MATERIAL] INTERSTATE WILDLIFE MANAGEMENT COMPACT.--

          A. On recommendation of the commission, the governor may enter, on behalf of the state, into compacts with Indian nations, tribes or pueblos or other states, at least one of which shall share a border with New Mexico, to provide for the cooperative management of endangered and threatened species.

          B. Any compact entered into under the provisions of this section shall seek to achieve viable populations of endangered or threatened species in locations compatible with human activity.

          C. A compact for the purposes provided for in this section shall:

                (1) recognize and accommodate the unique management needs and challenges of the several distinct populations and subspecies of the various species present among the participating states and Indian nations, tribes and pueblos;

                (2) provide for the administration of its provisions and public participation and comment in formulating the policies, procedures and programs governed by the compact;

                (3) include provisions for compiling and sharing data and other information, documents and electronic files among the participating states, Indian nations, tribes and pueblos, the state, federal wildlife management agencies and the public;

                (4) include measures for addressing issues of human and endangered or threatened species interface, including habitat overlap and depredation; and

                (5) provide for legislative enactment of uniform civil and criminal penalties for the protection of listed threatened or endangered species.

          D. Before the governor signs the compact, the commission shall:

                (1) provide copies of the compact to the New Mexico legislative council;

                (2) submit the compact to the state legislature for ratification at the next regular session;

                (3) notify each member of the legislature and the boards of county commissioners likely to be affected by the compact that a copy of the compact will be provided upon request; and

                (4) post the text of the compact on the commission's and department of game and fish's official web sites."

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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