SENATE BILL 203

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Jeff Steinborn

 

 

 

 

 

AN ACT

RELATING TO WILDLIFE; RENAMING THE DEPARTMENT OF GAME AND FISH AS THE WILDLIFE DEPARTMENT; RENAMING THE STATE GAME COMMISSION AS THE STATE WILDLIFE COMMISSION; CHANGING STATUTORY REFERENCES; PROVIDING FOR TRANSFERS.

 

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

     SECTION 1. Section 9-5A-3 NMSA 1978 (being Laws 1987, Chapter 234, Section 3, as amended by Laws 1997, Chapter 137, Section 1 and also by Laws 1997, Chapter 149, Section 2) is amended to read:

     "9-5A-3. DEPARTMENT ESTABLISHED.--

          A. There is created in the executive branch the "energy, minerals and natural resources department". The department shall be a cabinet department and shall include but not be limited to the following organizational units:

                (1) the administrative services division;

                (2) the state parks division;

                (3) the forestry division;

                (4) the energy conservation and management division;

                (5) the mining and minerals division; and

                (6) the oil conservation division.

          B. The state [game] wildlife commission is administratively attached to the department."

     SECTION 2. Section 9-27-18 NMSA 1978 (being Laws 1971, Chapter 115, Section 2, as amended) is amended to read:

     "9-27-18. PROPERTY TRANSFER.--Ownership of all radio communication property at mountaintop or remote sites, including buildings, towers, antennas, emergency power plants and radio equipment owned by the New Mexico state police, department of transportation, wildlife department [of game and fish] and forestry division of the energy, minerals and natural resources department, is transferred to the department of information technology."

     SECTION 3. Section 11-16-11 NMSA 1978 (being Laws 2001, Chapter 101, Section 11) is amended to read:

     "11-16-11. LICENSING AUTHORITY--ADMINISTRATOR--EXPENSES.--

          A. The wildlife department [of game and fish] is designated as the licensing authority in New Mexico for the purposes of the Wildlife Violator Compact.

          B. The director of the wildlife department [of game and fish] shall furnish to the appropriate authorities of the participating states any information or documents reasonably necessary to facilitate the administration of the Wildlife Violator Compact.

          C. The compact administrator shall not be entitled to any additional compensation for [his] service as the compact administrator, but shall be entitled to expenses incurred in connection with [his] the duties and responsibilities as compact administrator in the same manner as for expenses incurred in connection with other duties or responsibilities of [his] the compact administrator's office or employment."

     SECTION 4. Section 13-4A-3 NMSA 1978 (being Laws 1986, Chapter 11, Section 3, as amended) is amended to read:

     "13-4A-3. DEFINITIONS.--As used in the Art in Public Places Act:

          A. "agency" means all state departments and agencies, boards, councils, institutions, commissions and quasi-public corporations, including all state educational institutions enumerated in Article 12, Section 11 of the constitution of New Mexico, and all statutorily created post-secondary educational institutions;

          B. "architect" means the person or firm designing the project for the contracting agency to which the one percent provision pursuant to Section 13-4A-4 NMSA 1978 applies;

          C. "contracting agency" means the agency having the control, management and power to enter into contracts for new construction or renovation of any public building;

          D. "division" means the arts division of the cultural affairs department;

          E. "public buildings" means those buildings under the control and management of the facilities management division of the general services department, the wildlife department [of game and fish], the energy, minerals and natural resources department, the department of transportation, the state fair commission, the supreme court, the commissioner of public lands, the cultural affairs department, the governing boards of the state educational institutions and statutorily created post-secondary educational institutions, the public education department and the legislature or all buildings constructed with funds appropriated by the legislature. For the purposes of the Art in Public Places Act, "public buildings" does not include such auxiliary buildings as maintenance plants, correctional facilities, warehouses or temporary structures; and

          F. "work of art" means any work of visual art, including [but not limited to] a drawing, painting, mural, fresco, sculpture, mosaic or photograph; a work of calligraphy; a work of graphic art, including an etching, lithograph, offset print, silk screen or a work of graphic art of like nature; works in clay, textile, fiber, wood, metal, plastic, glass and like materials; or mixed media, including a collage or assemblage or any combination of the foregoing art media that is chosen to be included in or immediately adjoining the public building under consideration. Under special circumstances, the term may include environmental landscaping if approved by the division."

     SECTION 5. Section 15-3B-2 NMSA 1978 (being Laws 1972, Chapter 74, Section 2, as amended) is amended to read:

     "15-3B-2. DEFINITIONS.--As used in the Property Control Act:

          A. "capital outlay project" means the acquisition, improvement, alteration or reconstruction of assets of a long-term character that are intended to continue to be held or used, including land, buildings, machinery, furniture and equipment. A "capital outlay project" includes all proposed expenditures related to the entire undertaking;

          B. "department" means the general services department;

          C. "director" means the director of the division;

          D. "division" means the facilities management division of the department;

          E. "jurisdiction" means all state buildings and land except those under the control and management of the state armory board, the border authority, the cultural affairs department, the state fair commission, the wildlife department [of game and fish], the department of transportation, the commissioner of public lands, the state parks division of the energy, minerals and natural resources department, the state institutions of higher learning, regional education cooperatives, the New Mexico school for the deaf, the New Mexico school for the blind and visually impaired, the judicial branch, the legislative branch, property acquired by the economic development department pursuant to the Statewide Economic Development Finance Act and property acquired by the public school facilities authority pursuant to the Public School Capital Outlay Act; and

          F. "secretary" means the secretary of general services."

     SECTION 6. Section 15-8-6 NMSA 1978 (being Laws 1994, Chapter 119, Section 6, as amended) is amended to read:

     "15-8-6. STATE VEHICLES--USE--MARKINGS--STATE GOVERNMENT PLATES.--

          A. The division shall adopt rules governing the use of vehicles used by state agencies or by other persons pursuant to Subsection I of this section, including driver requirements and responsibilities, under what circumstances someone can be assigned a state vehicle on a permanent or semipermanent basis and when custody of a state vehicle can be vested in another state agency.

          B. The division may determine that it is impractical to retain custody of certain state vehicles, and it may provide that custody reside in another state agency in the following cases:

                (1) the state vehicle is used for emergency or law enforcement purposes; or

                (2) the state vehicle is a department of transportation, energy, minerals and natural resources department, wildlife department [of game and fish] or homeland security and emergency management department passenger vehicle, truck or tractor or heavy road equipment.

          C. Except as provided in Subsections F, G and H of this section, all state vehicles shall be marked as state vehicles. Each side of the vehicle shall be marked, in letters not less than two inches in height, with the following designation of ownership: "State of New Mexico, ....... Department" or "State of New Mexico Department of ........." and naming the department using the vehicle.

          D. Except as provided in Subsections F, G and H of this section, all state vehicles shall have specially designed government registration plates.

          E. Except as provided in Subsections F, G and H of this section, all state vehicles owned or in the custody of state agencies that have law enforcement functions shall be marked and have state government registration plates.

          F. State vehicles used for legitimate undercover law enforcement purposes are exempt from the requirements of Subsections C, D and E of this section and may be issued an undercover license plate when it is determined by the division that issuance of such a license plate is necessary to protect legitimate undercover law enforcement activities.

          G. State vehicles used for sensitive activities other than legitimate undercover law enforcement purposes are exempt from the requirements of Subsections C, D and E of this section and may be issued a protective license plate when it is determined by the division that issuance of such a license plate is necessary to protect the health, safety or welfare of a state employee using a state-owned vehicle for sensitive activities. The standards for the issuance of a protective license plate pursuant to this subsection shall be determined by rule jointly promulgated by the division and the motor vehicle division of the taxation and revenue department.

          H. A state agency may seek custody of state vehicles as an exception to Subsection B of this section or an exemption to the provisions of Subsection C of this section by making a written request to the director, specifying the reasons for the proposed custody or exemption. The director may approve the custody or exemption, in writing, indicating the duration and any conditions of the custody or exemption.

          I. The division shall adopt rules permitting individuals enrolled in the state's adaptive driving program to use special-use state vehicles for evaluation and training purposes in that program."

     SECTION 7. Section 16-2-32 NMSA 1978 (being Laws 1935, Chapter 57, Section 19, as amended) is amended to read:

     "16-2-32. CRIMINAL OFFENSES--PENALTY.--A person who commits any of the following acts is guilty of a petty misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978:

          A. cut, break, injure, destroy, take or remove a tree, shrub, timber, plant or natural object in any state park and recreation area, except in areas designated by the secretary and permitted by rules adopted by the secretary. Such rules shall only permit the removal of a tree, shrub, timber, plant or natural object for scientific study or for noncommercial use by an individual as a souvenir. The quantity of material authorized for removal from any area shall be strictly regulated by park personnel in order to minimize resource damage;

          B. kill, cause to be killed or pursue with intent to kill a bird or animal in a state park and recreation area, except in areas designated by the secretary and except in conformity with the provisions of general law and the rules of the state [game] wildlife commission;

          C. take a fish from the waters of a state park and recreation area, except in conformity with the provisions of general law and the rules of the state [game] wildlife commission;

          D. willfully mutilate, injure, deface or destroy any guidepost, notice, tablet, fence, enclosure or work that is for the protection or ornamentation of a state park and recreation area;

          E. light a fire in a state park and recreation area, except in those places authorized for fires by the secretary, or willfully or carelessly permit any fire that is authorized and that the person has lighted or caused to be lighted or under the person's charge to spread or extend to or burn the shrubbery, trees, timber, ornaments or improvements in a state park and recreation area or leave a campfire that the person has lighted or that has been left in the person's charge unattended by a competent person without extinguishing it;

          F. place in a state park and recreation area or affix to an object in a state park and recreation area a word, character or device designed to advertise a business, profession, article, thing, exhibition, matter or event without a written license from the secretary permitting the person to do it; or

          G. violate a rule adopted by the secretary pursuant to the provisions of Chapter 16, Article 2 NMSA 1978 when the violation has caused or contributed to the cause of an accident resulting in injury or death to a person or disappearance of a person."

    SECTION 8. Section 16-4-5 NMSA 1978 (being Laws 1977, Chapter 242, Section 5, as amended) is amended to read:

    "16-4-5. MANAGEMENT.--

         A. The secretary shall administer the state-administered segment of El Rio Chama scenic and pastoral river and shall develop, by rule [and regulation] and after public hearings, a management plan and guidelines to realize the scenic and pastoral objectives of El Rio Chama Scenic and Pastoral Act. The plan shall be prepared in cooperation with the appropriate federal agencies and shall include among other things:

             (1) consideration for cooperative management arrangements between state and federal authorities; and

             (2) measures to control recreational use of the designated river to protect the river's natural values.

         B. The secretary shall seek the assistance and aid of the state [game] wildlife commission for resource and recreation management within the state-administered segment of El Rio Chama scenic and pastoral river.

         C. The secretary shall report annually to the governor and to the legislature concerning the development and the administration of the cooperative federal-state management plan."

    SECTION 9. Section 17-1-2 NMSA 1978 (being Laws 1921, Chapter 35, Section 2, as amended) is amended to read:

    "17-1-2. STATE [GAME] WILDLIFE COMMISSION--APPOINTMENT--TERM.--

         A. To carry out the purpose of Chapter 17 NMSA 1978 and all other acts for like purpose, there is created a "state [game] wildlife commission" of seven members, not more than four of whom shall be of the same political party at the time of their appointment. The members of the commission shall be appointed by the governor with the advice and consent of the senate. The term of office for each member of the commission shall be four years. At the time of making the first appointments, the governor shall designate the commissioners' terms as being one, two, three or four years so that the term of no more than two commissioners shall expire each year.

         B. In making appointments to the state [game] wildlife commission, one member shall be appointed from each of the following districts:

             [A.] (1) district one: Curry, De Baca, Roosevelt, Chaves, Lincoln, Otero, Eddy and Lea counties;

             [B.] (2) district two: Catron, Socorro, Grant, Hidalgo, Luna, Sierra and Dona Ana counties;

             [C.] (3) district three: San Juan, McKinley, Cibola, Valencia, Sandoval, Los Alamos and Rio Arriba counties;

             [D.] (4) district four: Santa Fe, Taos, Colfax, Union, Mora, Harding, Quay, San Miguel, Guadalupe and Torrance counties; and

             [E.] (5) district five: Bernalillo county.

The remaining two members shall be appointed at-large. At least one member of the commission shall manage and operate a farm or ranch that contains at least two species of wildlife on that part [which] that is deeded land requiring licensing prior to legal pursuit under the provisions of Section 17-3-2 NMSA 1978. At least one member shall have a demonstrated history of involvement in wildlife and habitat protection issues and [whose] have activities or occupation [are] not in conflict with wildlife and habitat advocacy.

         C. The state [game] wildlife commission as provided in Chapter 17 NMSA 1978 shall have the same authority, powers and duties as now vested in the state [game] wildlife commission by law, and each member of the state [game] wildlife commission shall serve until [his] a successor has been appointed and qualified."

    SECTION 10. Section 17-1-3 NMSA 1978 (being Laws 1921, Chapter 35, Section 3, as amended) is amended to read:

    "17-1-3. MEMBERS TO SERVE WITHOUT COMPENSATION--PER DIEM AND MILEAGE.--The members of the state [game] wildlife commission shall receive no pay for their services as members of the commission, but shall be allowed per diem and mileage pursuant to the provisions of the Per Diem and Mileage Act. All salaries, per diem and contingent expenses incurred by the wildlife department [of game and fish] or the state [game] wildlife commission shall be paid upon warrants of the secretary of finance and administration, supported by vouchers of the director of the wildlife department [of game and fish]."

    SECTION 11. Section 17-1-4 NMSA 1978 (being Laws 1921, Chapter 35, Section 4) is amended to read:

    "17-1-4. ORGANIZATION--MEETINGS--SECRETARY.--Within sixty days after [this Act shall take] Chapter 17 NMSA 1978 takes effect, the state [game] wildlife commission shall meet at the capitol and organize by electing from its membership a [chairman] chair, and thereafter one meeting shall be held annually and others at the call of the governor or a majority of the commission. The [State Game Warden] director of the wildlife department shall be secretary of the commission."

    SECTION 12. Section 17-1-5 NMSA 1978 (being Laws 1931, Chapter 117, Section 5, as amended) is amended to read:

    "17-1-5. EMPLOYMENT AND DISCHARGE OF DIRECTOR AND OTHER EMPLOYEES--WILDLIFE DEPARTMENT [OF GAME AND FISH] CREATED.--

         A. The state [game] wildlife commission shall employ a director who shall, under such authorization that the [game] commission shall approve, employ such conservation officers, clerks and other employees as [he shall deem] the director deems proper and necessary to enforce and administer the laws and [regulations] rules relating to [game and fish] wildlife, and who shall prescribe their duties respectively, and who with the advice and consent of the state [game] wildlife commission shall fix the compensation of all the employees of the "wildlife department [of game and fish]", which is hereby created.

         B. The state [game] wildlife commission may at any time discharge the director for reasons that the state [game] wildlife commission [shall deem] deems sufficient. The director may dismiss employees in accordance with the provisions of the Personnel Act."

    SECTION 13. Section 17-1-5.1 NMSA 1978 (being Laws 1994, Chapter 129, Section 1) is amended to read:

    "17-1-5.1. CONSERVATION SERVICES DIVISION--DUTIES.--

         A. The "conservation services division" is created within the wildlife department [of game and fish].

         B. The conservation services division is responsible for:

             (1) management, enhancement, research and conservation of public wildlife habitat;

             (2) the lease, purchase, enhancement and management of state wildlife habitat;

             (3) assisting landowners in improving wildlife habitats;

             (4) development of educational programs related to conservation of wildlife and the environment, including the expanded dissemination of wildlife publications; and

             (5) communication and consultation with federal and other state agencies, local governments and communities, private organizations and affected interests responsible for habitat, wilderness, recreation, water quality and environmental protection to ensure comprehensive conservation services for hunters, anglers and nonconsumptive wildlife users."

    SECTION 14. Section 17-1-7 NMSA 1978 (being Laws 1955, Chapter 181, Section 1) is amended to read:

    "17-1-7. RESERVE CONSERVATION OFFICER.--There is hereby created within the wildlife department [of game and fish] the position of reserve conservation officer, which shall be a nonsalaried position."

    SECTION 15. Section 17-1-8 NMSA 1978 (being Laws 1955, Chapter 181, Section 2) is amended to read:

    "17-1-8. QUALIFICATIONS.--

         A. Reserve conservation officer commissions shall be issued only to [the following: (a)] persons who have successfully completed a school of at least twenty-five hours conducted by the wildlife department [of game and fish] covering procedures and techniques of wildlife management, law enforcement, public relations and such other subjects as may be deemed desirable by the wildlife department [of game and fish].

         [(b)] B. The director of the wildlife department may substitute a minimum of six [months] months' experience as an employee of a state or federal conservation agency or a state livestock law enforcement board in lieu of the [aforementioned] schooling required under Subsection A of this section. Any substitution made under the provisions of this [paragraph] subsection shall be limited to personnel currently employed by one of the [aforementioned] conservation agencies set forth in this subsection. Any appointments the director may make under the provisions of this [paragraph will] subsection shall terminate automatically with the termination of employment by [said] the agency of the individual so appointed or the individual's transfer from the state."

    SECTION 16. Section 17-1-9 NMSA 1978 (being Laws 1955, Chapter 181, Section 3, as amended) is amended to read:

    "17-1-9. POWERS AND DUTIES OF RESERVE CONSERVATION OFFICERS.--

         A. Under the supervision of the wildlife department [of game and fish] and subject to such restrictions as may be provided by the state [game] wildlife commission, reserve conservation officers shall have authority to enforce laws and [valid regulations] rules of the state [game] wildlife commission relating to game and fish and perform such duties with respect to wildlife management and conservation education as may be assigned to them from time to time by the wildlife department [of game and fish]. When on duty, reserve conservation officers shall be covered by the [Workmen's] Workers' Compensation Act. Reserve conservation officers shall have only the rights of private citizens in the enforcement of laws other than those relating to game and fish.

         B. For the purpose of calculating the amount of reserve conservation officer's disability or death benefits pursuant to the [Workmen's] Workers' Compensation Act, the officer's average weekly wages shall be deemed to be the base wage of a wildlife management officer II as classified by the personnel board."

          SECTION 17. Section 17-1-10 NMSA 1978 (being Laws 1955, Chapter 181, Section 4) is amended to read:

    "17-1-10. COMMISSION ISSUANCE--REVOCATION.--Reserve conservation officer commissions shall be issued annually to such persons meeting the qualifications prescribed in Section [2] 17-1-8 NMSA 1978 as may be deemed necessary or desirable by the director of the wildlife department [of game and fish]. Such commissions may be revoked at any time by [said] the director at [his descretion] the director's discretion."

    SECTION 18. Section 17-1-11 NMSA 1978 (being Laws 1977, Chapter 290, Section 5) is amended to read:

    "17-1-11. CONSERVATION OFFICERS--OFFICIAL DUTIES--INSURANCE.--Conservation officers shall, in emergency situations, be considered on duty and within the scope of their employment for purposes of employee benefits when they follow specific instructions from a duly qualified full-time peace officer and in aid of [such] the peace officer in the carrying out of [his] the peace officer's duties. The state [game] wildlife commission shall expand current insurance coverage to provide protection in such situations."

    SECTION 19. Section 17-1-13 NMSA 1978 (being Laws 1912, Chapter 85, Section 46, as amended) is amended to read:

    "17-1-13. [GAME WARDEN] DIRECTOR--SEAL OF OFFICE [SHALL KEEP].--[Sec. 46.] The [State Warden] director of the wildlife department shall keep a seal of office [which] that shall be used to authenticate all papers and documents issued and executed by [him] the director as such officer."

    SECTION 20. Section 17-1-14 NMSA 1978 (being Laws 1921, Chapter 35, Section 7, as amended) is amended to read:

    "17-1-14. GENERAL POWERS AND DUTIES OF STATE [GAME] WILDLIFE COMMISSION--GAME PROTECTION FUND--LIABILITY SUSPENSE ACCOUNT.--

         A. The state [game] wildlife commission shall have general control over the collection and disbursement of all money collected or received under the state laws for the protection and propagation of game and fish, which money shall be paid over to the state treasurer to the credit of the game protection fund, unless otherwise provided by law, and the fund, including all earned income, shall not be transferred to another fund. Prior to depositing money into the game protection fund, the wildlife department [of game and fish] shall ensure that an amount adequate to cover the cost of refunds allowed by the provisions of Chapter 17 NMSA 1978 is held in a liability suspense account. All refunds shall be made from the liability suspense account. Money not needed to cover the cost of refunds shall be deposited in the game protection fund at the end of each month. Chapter 17 NMSA 1978 shall be guaranty to the person who pays for hunting and fishing licenses and permits that the money in that fund shall not be used for any purpose other than as provided in Chapter 17 NMSA 1978.

         B. The state [game] wildlife commission shall have authority to:

             (1) establish and, through the director of the wildlife department [of game and fish], to operate fish hatcheries for the purpose of stocking public waters of the state and to furnish fish fry and fingerlings to stock private waters, receipts from such sources to go into the game protection fund;

             (2) declare closed seasons in any specified locality and on any species of game or fish threatened with undue depletion from any cause;

             (3) establish game refuges for the purpose of providing safe sanctuaries in which game may breed and replenish adjacent hunting ranges, it being the purpose of this provision to establish small refuges rather than large preserves or to close large areas to hunting;

             (4) purchase lands for game refuges where suitable public lands do not exist, to purchase lands for fish hatcheries and to purchase lands to be maintained perpetually as public hunting grounds, particularly lands suitable for waterfowl hunting, all such lands to be paid for from the game protection fund;

             (5) receive by gift or bequest, in the name and on behalf of the state, lands suitable for game refuges, hunting grounds, fish hatcheries or for any other purpose necessary to carry out the provisions of Chapter 17 NMSA 1978;

             (6) apply for and accept any state, federal or private funds, grants or donations from any source for game and fish programs and projects;

             (7) designate certain areas as rest grounds for migratory birds, in which hunting shall be forbidden at all times or at such times as the state [game] wildlife commission shall provide, it being the purpose of this provision not to interfere unduly with the hunting of waterfowl but to provide havens in which they can rest and feed without molestation;

             (8) close any public stream or lake or portion thereof to fishing when such action is necessary to protect a recently stocked water, to protect spawning waters or to prevent undue depletion of the fish;

             (9) propagate, capture, purchase, transport or sell any species of game or fish needed for restocking any lands or streams of the state;

             (10) after reasonable notice and hearing, suspend or revoke any license or permit issued pursuant to the provisions of Chapter 17 NMSA 1978 and withhold license privileges from any person procuring a license through misrepresentation, violating any provisions of Chapter 17 NMSA 1978 or hunting without a proper license;

             (11) adopt rules establishing procedures that provide reasonable notice and a hearing before the state [game] wildlife commission for the suspension, revocation or withholding of license privileges for a definite period of time for a person charged with violating the provisions of Chapter 17 NMSA 1978, subject to such judicial review as may be provided by law;

             (12) conduct studies of programs for the management of endangered and nongame species of wildlife;

             (13) establish licenses, permits and certificates not otherwise provided for in Section 17-3-13 NMSA 1978 and charge and collect just and reasonable fees for them; provided the fees shall not exceed the costs of administration associated with the licenses, permits or certificates;

             (14) permit, regulate or prohibit the commercial taking or capturing of native, free-ranging amphibians or reptiles not specifically protected by law, except for rattlesnake roundups, collection of fish bait and lizard races;

             (15) adopt rules to control, eradicate or prevent the spread of a contagious disease, pest or parasite, including chronic wasting disease, to or among game animals. The rules shall include provisions for:

                  (a) notification to the wildlife department [of game and fish] of the diagnosis or suspected presence of a contagious disease;

                  (b) examination by the state veterinarian or the state veterinarian's designee of suspected infected game animals;

                  (c) quarantine, treatment or destruction of an infected game animal;

                  (d) disinfection and isolation of a licensed private park where an infected game animal has been; and

                  (e) indemnification and destruction of a protected game animal;

             (16) as necessary, designate areas of the state in which bear-proof garbage containers are required on public and private lands to reduce potential human-bear interactions;

             (17) pursuant to appropriation by the legislature, expend money from the game protection fund and the habitat management fund for the improvement, maintenance, development and operation of property for fish and wildlife habitat management; and

             (18) adopt rules to recruit, train and accept the services of volunteers for education and outreach activities, hunter and angler services and wildlife conservation activities administered by the wildlife department [of game and fish]; provided that a volunteer:

                  (a) shall comply with all policies and procedures of the director of the wildlife department [of game and fish]; and

                  (b) shall not be deemed to be a state employee and shall not be subject to the provisions of law relating to state employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation and state employee benefits.

         C. The director of the wildlife department [of game and fish] shall exercise all the powers and duties conferred upon the [state game and fish warden] director by all previous statutes now in force not in conflict with Chapter 17 NMSA 1978.

         D. The state [game] wildlife commission shall have authority to prohibit all hunting in periods of extreme forest fire danger, at such times and places as may be necessary to reduce the danger of destructive forest fires.

         E. The hunting, pursuing, capturing, killing or wounding of any game animals, birds or fish in or upon any game refuge, rest ground or closed water or closed area or during any closed season established or proclaimed by the state [game] wildlife commission in accordance with the authority conferred in Chapter 17 NMSA 1978 constitutes a misdemeanor and shall be punishable as prescribed in Chapter 17 NMSA 1978."

    SECTION 21. Section 17-1-15 NMSA 1978 (being Laws 1931, Chapter 117, Section 6, as amended) is amended to read:

    "17-1-15. DISBURSEMENT OF MONEY--LIMITATION ON EXPENDITURES.--

         A. All disbursements [of moneys, including salaries] by the [state game commission] wildlife department shall be by warrant of the secretary of finance and administration, supported by itemized voucher, [certified to be correct by the state game] signed by the director of the wildlife department or the director's authorized representative, and shall be paid out of [moneys] money in the game protection fund.

         B. Expenditures by the [state game commission] wildlife department shall be limited to [funds] money available in the game protection fund, and neither the [state game commission] wildlife department nor any employee [thereof] of the department shall incur or authorize any obligation for the payment of which sufficient funds are not then available in the game protection fund.

         C. The state shall not be liable for any obligation created by the state [game] wildlife commission or the wildlife department or any employee [thereof] of the department, except to the extent of [such] the game protection fund.

         D. Neither the [state game commission] wildlife department nor any employee [thereof] of the department shall issue any voucher, nor shall the secretary of finance and administration approve any such voucher, for the payment of which [moneys are] money is not then available in the game protection fund."

    SECTION 22. Section 17-1-18 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 18, Section 3, as amended) is amended to read:

    "17-1-18. BONDING AUTHORITY.--Whenever the state [game] wildlife commission, by vote of a majority of its full membership entered in its minutes, determines by resolution that it is necessary to raise funds to provide for fish hatcheries and rearing facilities, game and fish habitat acquisition, development and improvement projects or other similar capital outlay projects, the commission may issue and sell bonds of the state [of New Mexico] as provided in the Game and Fish Bond Act, provided that the total amount of [such] bonds issued under the authority of [this] the Game and Fish Bond Act shall not exceed two million dollars ($2,000,000). The purposes stated by the commission and the amount of each bond issue shall be approved by the state board of finance before issuance of the bonds. The commission shall report annually to the legislature any bonds issued pursuant to [this] the Game and Fish Bond Act and the purpose for which issued."

    SECTION 23. Section 17-1-19 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 18, Section 4, as amended) is amended to read:

    "17-1-19. BONDS--FORM--TERMS.--Bonds issued under the Game and Fish Bond Act shall be payable in consecutive order over a period of not more than twenty years from the date of issue. They shall be issued in denominations determined by the state [game] wildlife commission and shall be sold at a net effective interest rate not exceeding the maximum net effective interest rate permitted by the Public Securities Act, as hereafter amended and supplemented. The form of the bonds shall be determined by the state [game] wildlife commission, and, except with respect to bonds issued in book entry or similar form without the delivery of physical securities, signatures of the governor, the state treasurer and the [chairman] chair of the state [game] wildlife commission shall be affixed in compliance with the Uniform Facsimile Signature of Public Officials Act. The form and terms of the bonds shall be approved by the state board of finance before issuance of the bonds."

    SECTION 24. Section 17-1-20 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 18, Section 5, as amended) is amended to read:

    "17-1-20. SALE OF BONDS.--Bonds issued under the Game and Fish Bond Act shall be sold at public or private sale as determined by the state [game] wildlife commission. If sold at public sale, the [chairman] chair of the commission shall give notice of the time, place and terms of the sale by publication in a newspaper of general circulation published in Santa Fe, New Mexico, not less than twenty days nor more than sixty days prior to the sale date."

    SECTION 25. Section 17-1-22 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 18, Section 7, as amended) is amended to read:

    "17-1-22. SECURITY--RETIREMENT OF BONDS.--

         A. There is created in the state treasury the "game and fish bond retirement fund". The state [game] wildlife commission shall place into the game and fish bond retirement fund the sum of one dollar ($1.00) from the sale of each license enumerated in this subsection [that is sold after April 1, 1976]:

             (1) resident, fishing;

             (2) resident, game hunting;

             (3) resident, deer;

             (4) resident, game hunting and fishing;

             (5) resident, trapper;

             (6) nonresident, fishing;

             (7) nonresident, game hunting;

             (8) temporary fishing, five days; and

             (9) nonresident, deer.

Such payments to the game and fish bond retirement fund shall be effective for all bonds issued under the Game and Fish Bond Act up to the maximum limitation on the amount of bonds provided in that act.

         B. Money in the game and fish bond retirement fund is first pledged for the payment of principal and interest on all state game commission bonds [which] that have been issued and are outstanding prior to June 17, 1983. Money in the game and fish bond retirement fund is [further] pledged for the payment of principal and interest on all [state game commission] bonds issued [as of June 17, 1983] pursuant to the Game and Fish Bond Act. The issuance and sale of bonds [under] pursuant to the Game and Fish Bond Act constitutes an irrevocable contract between the state [game] wildlife commission and the owner of any bond, and, so long as any bond remains outstanding, the fees pledged for payment shall not be reduced.

         C. Bonds issued under the Game and Fish Bond Act are payable solely from the game and fish bond retirement fund, and they are not general obligations of the state.

         D. On or after July 1, 2021, the state [game] wildlife commission shall [continue to] place in the game and fish bond retirement fund the sum of one dollar ($1.00) from each of the licenses enumerated in Subsection A of this section, even after the fund is sufficient to pay the principal and interest of the outstanding bonds and after all bonds issued have been retired."

    SECTION 26. Section 17-1-22.1 NMSA 1978 (being Laws 1983, Chapter 143, Section 2) is amended to read:

    "17-1-22.1. GAME AND FISH CAPITAL OUTLAY FUND--CREATED--TRANSFER OF MONEY--STATE BOARD OF FINANCE APPROVAL.--

         A. There is created in the state treasury the "game and fish capital outlay fund".

         B. Upon request of the state [game] wildlife commission, approved by the state board of finance, the state treasurer shall transfer to the game and fish capital outlay fund all money in the game and fish bond retirement fund except the amount necessary to meet all principal and interest payments on state [game] wildlife commission bonds due in the ensuing twelve months.

         C. Money in the game and fish capital outlay fund may be expended by the wildlife department [of game and fish] to provide for fish hatcheries and rearing facilities, game and fish habitat acquisition, development and improvements and other similar capital projects.

         D. Projects to be funded pursuant to Subsection C of this section shall be approved by the state [game] wildlife commission and the state board of finance prior to any money being encumbered for the project.

         E. At any time that the game and fish bond retirement fund is insufficient to pay the principal and interest on all bonds [which] that have been issued and are outstanding, the unencumbered balance in the game and fish capital outlay fund shall be transferred to the game and fish bond retirement fund."

    SECTION 27. Section 17-1-23 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 18, Section 8) is amended to read:

    "17-1-23. CONSTRUCTION.--The Game and Fish Bond Act is full authority for authorization and issuance by the state [game] wildlife commission of bonds authorized by the state board of finance, and the commission may do anything necessary to carry out the powers granted by the Game and Fish Bond Act."

    SECTION 28. Section 17-1-25 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 18, Section 10) is amended to read:

    "17-1-25. REFUNDING.--Any bonds issued under the Game and Fish Bond Act may be refunded under the terms of resolutions adopted by the state [game] wildlife commission, subject to any contractual limitations involved with any outstanding bonds, claims or other obligations. The proceeds of refunding bonds shall be applied to retirement of the bonds to be retired or refunded, or placed in escrow to be applied to payment of the bonds upon presentation for payment by the holders. Refunding bonds shall be issued under all applicable conditions prescribed in the Game and Fish Bond Act for issuance of the original bonds."

    SECTION 29. Section 17-1-26 NMSA 1978 (being Laws 1931, Chapter 117, Section 2, as amended) is amended to read:

    "17-1-26. RULEMAKING POWER--PREDATOR ERADICATION.--The state [game] wildlife commission is [hereby] authorized and directed to make [such] rules [and regulations] and establish [such] service as it may deem necessary to carry out all the provisions and purposes of [this Act] Chapter 17 NMSA 1978 and all other acts relating to game and fish [and]. In making such rules [and regulations] and in providing when, to what extent, if at all, and by what means game animals, birds and fish may be hunted, taken, captured, killed, possessed, sold, purchased and shipped, the state [game and Fish] wildlife commission shall give due regard to the zones of temperatures and to the distribution, abundance, economic value and breeding habits of [such] the game animals, birds and fish.

    The state [game] wildlife commission is hereby authorized to spend such reasonable amounts as in its judgment is desirable and necessary annually, from [their] funds not otherwise needed, for the eradication of predatory animals."

    SECTION 30. Section 17-1-28 NMSA 1978 (being Laws 1939, Chapter 19, Section 1) is amended to read:

    "17-1-28. ASSENT TO ACT OF CONGRESS.--The state of New Mexico hereby assents to the provisions of the act of congress of the United States of America entitled "An act to provide that the United States shall aid the states in wildlife restoration projects, and for other purposes", approved September [7] 2, 1937 (Public Number 415, 75th Congress), and the state [game] wildlife commission is hereby authorized and directed to perform all [such] acts as may be necessary to the conduct and establishment of cooperative wildlife restoration projects as defined by [said] that act of congress and in compliance with [said] that act and rules [and regulations] promulgated by the secretary of agriculture thereunder."

    SECTION 31. Section 17-1-29 NMSA 1978 (being Laws 1939, Chapter 19, Section 2) is amended to read:

    "17-1-29. DISTRIBUTION OF FEDERAL FUNDS.--The state [game] wildlife commission is authorized to receive any [moneys] money to which the state of New Mexico may become entitled under the [aforesaid] act of congress entitled "An act to provide that the United States shall aid the states in wildlife restoration projects, and for other purposes", approved September 2, 1937 (Public Number 415, 75th Congress). Such [moneys] money, when received, [to] shall be deposited with the state treasurer [of the state of New Mexico] to the credit of the [state] game protection fund, expended for the purpose designated and withdrawn [and] as other [moneys are] money is withdrawn from the [state] game protection fund."

    SECTION 32. Section 17-2-4.1 NMSA 1978 (being Laws 1999, Chapter 31, Section 1) is amended to read:

    "17-2-4.1. JAGUAR TO BE PROTECTED.--In the event the jaguar is de-listed as a federal endangered species, the wildlife department [of game and fish] shall prohibit the taking, possession and sale of jaguars or parts thereof."

    SECTION 33. Section 17-2-5 NMSA 1978 (being Laws 1931, Chapter 117, Section 4, as amended) is amended to read:

    "17-2-5. ADOPTION OF [REGULATIONS] RULES--EFFECTIVE DATE.--Any [written regulation] rule of the state [game] wildlife commission adopted by an affirmative vote of a majority of the members of the state [game] wildlife commission, signed by the [chairman] chair and attested by the secretary of the commission, filed in the office of the director of the wildlife department [of game and fish] and filed in accordance with [Section 4-10-13 New Mexico Statutes Annotated, 1953 Compilation] the State Rules Act, is duly adopted and promulgated and effective immediately. A copy of any [regulation] rule certified by the director of the wildlife department [of game and fish] to be a true copy of an adopted [regulation] rule is prima facie evidence in any court in this state of the adoption and promulgation of the [regulation] rule."

    SECTION 34. Section 17-2-10.1 NMSA 1978 (being Laws 1995, Chapter 177, Section 1, as amended) is amended to read:

    "17-2-10.1. GAME AND FISH PENALTY ASSESSMENT MISDEMEANORS--DEFINITION--SCHEDULE OF ASSESSMENTS.--

         A. As used in Chapter 17 NMSA 1978, "penalty assessment misdemeanor" means a violation of any of the following listed sections of the NMSA 1978 for which the listed penalty assessment is established:

COMMON NAME OF OFFENSE     SECTION VIOLATED     PENALTY

                                                ASSESSMENT

Fishing, hunting or trapping

  without the proper stamp or

  validation as required by law

  or adopted by state [game] wildlife

  commission rule                17-2-7          $ 50.00

Fishing without a license       17-3-17         $ 75.00

Hunting small game without

  a license                      17-3-1          $100.00

Manner and method rule

  infraction contrary to

  adoption by state [game] wildlife

  commission rule                17-2-7          $125.00.

          B. When an alleged violator of a penalty assessment misdemeanor elects to accept a notice to appear in lieu of a notice of penalty assessment, no fine imposed upon later conviction shall exceed the penalty assessment established for the particular penalty assessment misdemeanor.

          C. With the penalty assessment collected for each penalty assessment misdemeanor pursuant to this section, there shall be assessed and collected the cost of the appropriate license and validation that the violator failed to produce. Upon presentation of proof of payment of the penalty assessment, the director of the wildlife department [of game and fish] shall issue the appropriate license and validation."

     SECTION 35. Section 17-2-32 NMSA 1978 (being Laws 1963, Chapter 150, Section 1) is amended to read:

     "17-2-32. DISEASED RABBITS--HUNTING AND TRAPPING.--The wildlife department [of game and fish] may restrict hunting and trapping of rabbits in any area when notified by the department of [public] health that rabbits in the area are infected with bubonic plague. Any restriction under this section shall be terminated when the department of [public] health notifies the wildlife department [of game and fish] that danger of public health significance no longer exists in the area with respect to these diseased rabbits."

     SECTION 36. Section 17-2-34 NMSA 1978 (being Laws 1971, Chapter 61, Section 3) is amended to read:

     "17-2-34. HUNTER TRAINING PROGRAM--INSTRUCTOR CERTIFICATION--CERTIFICATE OF COMPETENCY.--

          A. The wildlife department [of game and fish] shall provide a course of instruction in the safe handling of firearms for individuals interested in obtaining a certificate of competency in the safe handling of firearms. The department may cooperate with the [superintendent] secretary of public [instruction] education or any reputable association or organization as determined by the department and having as one of its objectives the promotion of safety in firearm handling.

          B. The wildlife department [of game and fish] shall prescribe the type of instruction and the qualifications of instructors and shall designate annually those persons qualified to give instruction in the safe handling of firearms. Persons designated by the wildlife department [of game and fish] to be instructors are authorized to give the course of instruction in the safe handling of firearms to all interested persons. Upon the completion of the course and certification to the department by the instructor, the department shall cause to be issued, to the person instructed, a certificate of competency in the safe handling of firearms, which shall be valid unless revoked by the wildlife department [of game and fish] for such cause as determined by [regulation] rule of the department to be unsafe handling of a firearm.

          C. The wildlife department [of game and fish] shall promulgate rules [and regulations] to implement the provisions of the Hunter Training Act."

     SECTION 37. Section 17-2-38 NMSA 1978 (being Laws 1974, Chapter 83, Section 2, as amended) is amended to read:

     "17-2-38. DEFINITIONS.--As used in the Wildlife Conservation Act:

          A. "commission" means the state [game] wildlife commission;

          B. "director" means the director of the wildlife department [of game and fish];

          C. "ecosystem" means a system of living organisms and their environment;

          D. "endangered species" means any species of fish or wildlife whose prospects of survival or recruitment within the state are in jeopardy due to any of the following factors:

                (1) the present or threatened destruction, modification or curtailment of its habitat;

                (2) overutilization for scientific, commercial or sporting purposes;

                (3) the effect of disease or predation;

                (4) other natural or man-made factors affecting its prospects of survival or recruitment within the state; or

                (5) any combination of the foregoing factors.

     The term may also include any species of fish or wildlife appearing on the United States list of endangered native and foreign fish and wildlife as set forth in Section 4 of the Endangered Species Act of 1973 as endangered species, provided that the commission adopts those lists in whole or in part. The term shall not include any species covered by the provisions of 16 U.S.C. 1331 through 1340 (1971) and shall not include any species of the class insecta determined by the director to constitute a pest whose protection under the Wildlife Conservation Act would present an overwhelming and overriding risk to man;

          E. "investigation" means a process pursuant to Subsections B through L of Section 17-2-40 NMSA 1978 undertaken whenever the director suspects that a species may be threatened or endangered and [which] that consists of a formal review of existing data and studies and may include additional field research to determine whether a species is threatened or endangered;

          F. "land or aquatic habitat interests" means interests in real property or water rights consisting of fee simple title, easements in perpetuity, time certain easements, long-term leases and short-term leases;

          G. "management" means the collection and application of biological information for the purposes of establishing and maintaining a congruous relationship between individuals within species and populations of wildlife and the carrying capacity of their habitat. The term includes the entire range of activities that constitutes a full scientific resource program [of], including [but not limited to] research, census, law enforcement, propagation, acquisition or maintenance of land or aquatic habitat interests appropriate for recovery of the species; improvement and maintenance, education and related activities; [or] and protection and regulated taking;

          H. "recovery plan" means a designated program or methodology reasonably expected to lead to restoration and maintenance of a species and its habitat;

          I. "peer review panel" means an advisory panel of scientists, each of whom possesses expertise relevant to the proposed investigation and at least one of whom is a wildlife biologist, convened to review the scientific methodology for collection and analysis of data by a researcher based on commonly accepted scientific peer review;

          J. "species" means any species or subspecies;

          K. "substantial public interest" means a nonfrivolous claim indicated by a broad-based expression of public concern;

          L. "take" or "taking" means to harass, hunt, capture or kill any wildlife or attempt to do so;

          M. "threatened species" means any species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range in New Mexico; the term may also include any species of fish or wildlife appearing on the United States list of endangered native and foreign fish and wildlife as set forth in Section 4 of the Endangered Species Act of 1973 as threatened species, provided that the commission adopts the list in whole or in part; and

          N. "wildlife" means any nondomestic mammal, bird, reptile, amphibian, fish, mollusk or crustacean or any part, egg or offspring or the dead body or parts thereof."

     SECTION 38. Section 17-2A-3 NMSA 1978 (being Laws 1996, Chapter 89, Section 5, as amended) is amended to read:

     "17-2A-3. HUNTING GUIDES AND OUTFITTERS.--

          A. [Effective April 1, 1997] It is unlawful to be a hunting guide or outfitter in New Mexico without being registered, except for a private landowner or [his] the landowner's authorized agent who outfits or guides pursuant to a landowner permit issued by the wildlife department [of game and fish] for the landowner's property or for the landowner's shared private and public unit.

          B. The state [game] wildlife commission shall adopt [regulations by September 1, 1997] rules to govern the granting of non-interim registration, permits and certificates to hunting guides and outfitters and to regulate the operations and professional conduct of registered hunting guides and outfitters. [Regulations] Rules shall be adopted in accordance with the following procedures and standards:

                (1) the commission shall establish dates and locations for a public hearing and provide reasonable prior public notice of a hearing. A public hearing shall be held at a place within any quadrant of the state affected by the proposed [regulation] rule when the commission determines there is substantial public interest in holding a hearing in that quadrant;

                (2) a hearing shall be held within six months of the date a proposed [regulation] rule is issued;

                (3) notice of a hearing shall:

                     (a) include the date, time and location of the hearing;

                     (b) include a statement of the recommended action;

                     (c) include an indication of the location and availability of the public file on the [regulation] rule;

                     (d) indicate where and by what date written and oral comments and testimony may be received; and

                     (e) specify that the public record shall remain open for comments for thirty days after the date of the final hearing; and

                (4) the commission shall make its decision and take action based upon relevant and reliable evidence.

          C. No person shall be allowed to work as a registered hunting guide or outfitter in New Mexico:

                (1) without being registered by the state [game] wildlife commission;

                (2) if the person has had a guide or outfitter license, registration, permit or certificate revoked in another state;

                (3) if the person has had a guide or outfitter license, registration, permit or certificate suspended in another state and it has not been reinstated; or

                (4) if the person has been convicted of a felony.

          D. The state [game] wildlife commission shall develop a point system for the suspension or revocation of a guide or outfitter registration. The point system shall be similar to the point system that governs individual hunting and fishing license privileges.

          E. To be granted a registration to be a guide, an applicant shall, in addition to any other reasonable criteria adopted by the state [game] wildlife commission, and except as provided for persons granted an interim registration:

                (1) be at least eighteen years of age; and

                (2) pass a written or oral examination approved by the wildlife department [of game and fish] at a date and time approved by the department.

          F. A registered or interim registered guide shall work only under the supervision of a New Mexico registered or interim registered outfitter and in an area designated by the registered or interim registered outfitter.

          G. The wildlife department [of game and fish] may provide a registration for a temporary emergency guide, provided the registration is limited to a maximum seven-day period and is granted only in emergency circumstances as determined by the department. The fee for a temporary emergency guide registration is ten dollars ($10.00).

          H. To be granted a registration to be an outfitter, an applicant shall, in addition to any other reasonable criteria adopted by the state [game] wildlife commission, and except as provided for persons granted an interim registration:

                (1) be at least twenty-one years of age;

                (2) have operated as a New Mexico registered guide for at least three years or have been granted an interim outfitter's registration;

                (3) not be a convicted felon or have a history of violation of federal or state game and fish laws or [regulations] rules or federal or state guide or outfitter licensing or registration laws or [regulations] rules; and

                (4) pass a written or oral examination approved by the wildlife department [of game and fish] at a date and time determined by the department.

          I. A registered outfitter shall:

                (1) provide proof of commercial liability insurance of at least five hundred thousand dollars ($500,000);

                (2) responsibly supervise each registered guide working under [his] the outfitter's direction;

                (3) provide a written contract for outfitting services, signed by the registered outfitter and identifying the outfitter's registration number, to each resident and nonresident who seeks to use the services of a registered outfitter;

                (4) register with the taxation and revenue department and provide proof of that registration to the wildlife department [of game and fish]; and

                (5) provide at least one registered guide or outfitter for every four or fewer resident or nonresident hunters who have contracted for an outfitter's guided services.

          J. The wildlife department [of game and fish] shall provide to the taxation and revenue department a copy of each outfitter registration that is granted.

          K. Except as provided in this subsection, no person shall be allowed to charge a processing or other fee to obtain for a resident or nonresident a license that is granted from a special drawing for a hunt on public lands pursuant to the provisions of Section 17-3-16 NMSA 1978, except that nothing in this subsection shall prohibit the wildlife department [of game and fish] from collecting an application fee. Persons involved in licensing services, booking agencies or license brokering that do not provide direct guide and outfitter services shall not be required to register with the wildlife department [of game and fish] and may charge a fee, other than the application fee for a license, for their services.

          L. A New Mexico resident registered outfitter shall be a registered outfitter who is a resident as defined in Section 17-3-4 NMSA 1978. The state [game] wildlife commission shall adopt [regulations] rules that set forth additional requirements and that shall include at a minimum that a resident registered outfitter shall maintain a business address in New Mexico and, except as provided in Subsection Q of this section, derive at least fifty percent of [his] the outfitter's guiding or outfitting income from guiding or outfitting in New Mexico, as determined by gross receipts or corporate or individual income tax returns for the immediately preceding three years.

          M. The wildlife department [of game and fish] shall maintain for public distribution a list of New Mexico registered outfitters.

          N. The annual registration fee for a registered guide in New Mexico is fifty dollars ($50.00) for a resident and one hundred dollars ($100) for a nonresident.

          O. The annual registration fee to be a registered outfitter in New Mexico is five hundred dollars ($500) for either a resident or a nonresident.

          P. Annual registration fees for guides and outfitters shall be deposited in the game protection fund.

          Q. A resident interim registered or registered outfitter may apply for inactive status of [his] the registration for any period in which [he] the outfitter does not operate as an outfitter. The state [game] wildlife commission shall reactivate an outfitter registration at the request of the outfitter and upon proof that the outfitter complies with the provisions of this section and upon payment of the annual registration fee for the year the registration is being reinstated and payment of a reinstatement fee of not to exceed fifty dollars ($50.00).

          [R. The state game commission shall adopt by September 1, 1996 interim regulations, consistent to the greatest extent practicable with the provisions of this section, to provide for the granting of interim registrations to guides and outfitters. The commission shall issue interim registrations prior to mailing applications for 1997 licensed hunts to persons who qualify for interim registration and submit applications to the department of game and fish.

          S.] R. A person adversely affected by an action, other than a [regulation] rule, taken pursuant to the provisions of this section, including the denial, suspension or revocation of a registration, license, permit or certificate, may seek review of the action pursuant to the provisions of the Uniform Licensing Act.

          [T.] S. A person adversely affected by a [regulation] rule adopted by the state [game] wildlife commission pursuant to this section may appeal to the court of appeals. All appeals shall be made upon the record at the hearing and shall be taken to the court of appeals within thirty days following the date of the action. The date of the action shall be the date of the filing of the [regulation] rule by the commission, pursuant to the provisions of the State Rules Act.

          [U.] T. Upon appeal, the court of appeals shall set aside a [regulation] rule only if it is found to be:

                (1) arbitrary, capricious or an abuse of discretion;

                (2) not supported by substantial evidence in the record; or

                (3) otherwise not in accordance with law.

          [V.] U. After a hearing and a showing of good cause by the appellant, a stay of a [regulation] rule being appealed may be granted:

                (1) by the state [game] wildlife commission; or

                (2) by the court of appeals if the state [game] wildlife commission denies a stay or fails to act upon an application for a stay within sixty days after receipt of the application.

          [W.] V. The appellant shall pay all costs for any appeal found to be frivolous by the court of appeals."

     SECTION 39. 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) "game hunting" entitles the licensee to hunt game birds, other than wild turkey, and squirrel during the open seasons for each and to apply for or purchase a license to hunt for deer, antelope, elk, bighorn sheep, Barbary sheep, javelina, bear, oryx, ibex, cougar and wild turkey;

                (3) "deer" entitles the licensee to hunt deer during the open season;

                (4) "antelope" entitles the licensee to hunt antelope during the open season;

                (5) "elk" entitles the licensee to hunt elk during the open season;

                (6) "bighorn sheep" entitles the licensee to hunt bighorn sheep during the open season;

                (7) "Barbary sheep" entitles the licensee to hunt Barbary sheep during the open season;

                (8) "javelina" entitles the licensee to hunt javelina during the open season;

                (9) "bear" entitles the licensee to hunt bear during the open season;

                (10) "nongame" entitles the licensee to hunt or take any animal or bird not protected by law;

                (11) "temporary fishing" entitles the licensee to fish for game fish during a specific period of time indicated on the license;

                (12) "oryx" entitles the licensee to hunt oryx during the open season;

                (13) "ibex" entitles the licensee to hunt ibex during the open season;

                (14) "cougar" entitles the licensee to hunt cougar during the open season;

                (15) "turkey" entitles the licensee to hunt turkey during the open season;

                (16) "special season turkey" entitles the licensee to hunt turkey during special seasons designated by the state [game] wildlife commission;

                (17) "quality elk" entitles the licensee to hunt elk during a special quality elk season, to be established by the state [game] wildlife 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;

                (18) "quality deer" entitles the licensee to hunt deer during a special quality deer season, to be established by the state [game] wildlife 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;

                (19) "temporary game hunting" entitles the licensee to hunt game birds, except wild turkey, and squirrel during a specific period of time indicated on the license;

                (20) "second rod" entitles the licensee to fish using two fishing rods to fish for game fish during the open seasons for each species; and

                (21) "fishing and game hunting 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 game hunting license may be purchased by a resident who has reached the age of sixty-five years. A senior game hunting license entitles the licensee to hunt for squirrel and game birds, other than wild turkey, during the open seasons for each species and to apply for or purchase a license to hunt for deer, antelope, elk, bighorn sheep, Barbary sheep, javelina, bear, oryx, ibex, cougar and wild turkey.

          H. A junior, resident or nonresident, game hunting license may be purchased by a person who has not reached the age of eighteen years. A junior game hunting license entitles the licensee to hunt for squirrel and game birds, other than wild turkey, during the open seasons for each species and to apply for or purchase a license to hunt for deer, antelope, elk, bighorn sheep, Barbary sheep, javelina, bear, oryx, ibex, cougar and wild turkey.

          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] wildlife 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] wildlife commission. A handicapped fishing license entitles the licensee to fish for game fish during the open season for each species.

          J. A handicapped game 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] wildlife commission. A handicapped game hunting license entitles the licensee to hunt for squirrel and game birds, other than wild turkey, during the open season for each species and to apply for or purchase a license to hunt for deer, antelope, elk, bighorn sheep, Barbary sheep, javelina, bear, oryx, ibex, cougar and wild turkey.

          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 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. A junior-senior elk license entitles the licensee to hunt for elk during the open season for that species.

          N. A junior-senior deer license may be purchased by a resident who is younger than eighteen years or older than sixty-five years. A junior-senior deer license entitles the licensee to hunt for deer during the open season for that species.

          O. A junior or senior fishing and game hunting combination license may be purchased by a resident who is younger than eighteen years or older than sixty-five years. A junior or senior fishing and game hunting 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 and to apply for or purchase a license to hunt for deer, antelope, elk, bighorn sheep, Barbary sheep, javelina, bear, oryx, ibex, cougar and wild turkey.

          P. Except for a resident, disabled veteran, fishing and game hunting combination license issued pursuant to Section 17-3-13 NMSA 1978, a New Mexico resident who is a veteran of the United States military or who is active duty military is eligible for a fifty percent discount on any license, permit or stamp purchase upon valid proof of service as determined by the state [game] wildlife commission."

     SECTION 40. Section 17-3-14 NMSA 1978 (being Laws 1959, Chapter 143, Section 1, as amended) is amended to read:

     "17-3-14. DIRECTOR AUTHORIZED TO ISSUE LICENSE WHEN AGREEMENT TO HUNT ANTELOPE ON DEEDED OR LEASED PROPERTY IS MADE.--In any case where the wildlife department [of game and fish] enters into an agreement with the owner of deeded property or the lessee of property held under a grazing lease to obtain permission for the hunting of antelope on the property, the director of the wildlife department [of game and fish] is authorized to issue an antelope license free of charge to the owner or lessee of the property in consideration for the permission to hunt on the property."

     SECTION 41. Section 17-3-16.5 NMSA 1978 (being Laws 2007, Chapter 105, Section 1) is amended to read:

     "17-3-16.5. HUNTING AND FISHING AUTHORIZATIONS--GOVERNOR'S SPECIAL EVENTS.--The director of the wildlife department [of game and fish] may annually make available to the governor no more than twelve big game special authorizations and twelve game bird or trophy fish special authorizations. The authorizations shall be allocated by auction in conjunction with special events called by the governor to raise money for fish and wildlife conservation. Any auction used to allocate an authorization shall comply with rules adopted by the state [game] wildlife commission. Each authorization shall allow the holder to purchase a license to hunt or fish for the species indicated on the authorization during dates and times at locations specified by the state [game] wildlife commission. The director may designate the species allowable for each authorization, but no more than three authorizations shall be issued for any one species each year. Money collected pursuant to the special authorizations of the governor shall be deposited in the game protection fund."

     SECTION 42. Section 17-3-16.6 NMSA 1978 (being Laws 2007, Chapter 243, Section 1) is amended to read:

     "17-3-16.6. ENHANCEMENT AUTHORIZATION PACKAGES--HABITAT ENHANCEMENT.--The state [game] wildlife commission shall adopt rules for the wildlife department [of game and fish] to issue enhancement authorization packages each license year for the taking of one each of elk, deer, oryx, ibex and pronghorn antelope. Each enhancement authorization package shall be auctioned by the wildlife department [of game and fish] or by an incorporated nonprofit organization dedicated to the conservation of wildlife and sold to the highest bidder. Money collected from the enhancement authorization packages shall be deposited in the game protection fund and shall be used exclusively for big game habitat enhancement, conservation and protection."

     SECTION 43. Section 17-3-27 NMSA 1978 (being Laws 1939, Chapter 27, Section 2, as amended) is amended to read:

     "17-3-27. BAIT LICENSE--BOND--FEE--ISSUANCE.--Any person desiring to procure a license for the purpose of engaging in the business of selling minnows and nongame fish for bait or taking minnows and nongame fish from the streams of this state for the purpose of sale to others shall apply to the state [game] wildlife commission for a license. The application shall be upon forms provided by the commission and shall set forth the public streams or waters out of which the applicant intends to take the minnows and nongame fish and the place at which they are to be sold. The application shall be accompanied by a just and reasonable fee as determined by [regulation] rule of the state [game] wildlife commission. Upon receipt of the application, it [shall be] is the duty of the state [game] wildlife commission or, when [it] the commission is not in session, the director of the wildlife department [of game and fish] to pass upon the application and to issue a license authorizing the taking and the manner of taking of the minnows and nongame fish by the applicant from those waters in the state as in the opinion of the state [game] wildlife commission or director will not be detrimental to the public or injurious to protected fish. The license when so issued shall specify the manner of taking and the waters from which the applicant is permitted to take minnows and nongame fish for sale for bait."

     SECTION 44. Section 17-3-47 NMSA 1978 (being Laws 1973, Chapter 13, Section 5) is amended to read:

     "17-3-47. PERMIT.--The director of the wildlife department [of game and fish] may grant a permit to any person to carry out acts [which] that are prohibited by the Airborne Hunting Act. Permits shall be granted only to protect or aid in the administration or protection of land, water, wildlife, livestock, domesticated animals, human life or crops. Each person operating under a permit shall report to the director of the wildlife department [of game and fish], each calendar quarter, the number of birds, [fishes] fish or other animals so injured, captured or killed."

     SECTION 45. Section 17-4-1 NMSA 1978 (being Laws 1939, Chapter 223, Section 1, as amended) is amended to read:

     "17-4-1. POWER TO ACQUIRE LAND.--The state [game] wildlife commission [of the state of New Mexico is hereby authorized and empowered to] may acquire by purchase, gift, bequest or lease, and [to] hold, develop and improve, lands for fish hatcheries, game farms, game refuges, bird refuges, resting and nesting grounds, field stations, dams, lakes, ditches, flumes, waterways, pipelines, canals, rights of way, trails and roads and for all purposes incidental to the propagation, preservation, protection and management of the game, birds, fish and wildlife of the state [of New Mexico]."

     SECTION 46. Section 17-4-3 NMSA 1978 (being Laws 1939, Chapter 223, Section 3, as amended) is amended to read:

     "17-4-3. SALE, EXCHANGE OR LEASE OF LANDS--PROCEEDS.--The state [game] wildlife commission, except as [herein] limited in this section, is authorized to exchange, sell, lease, sublease or assign any interest in any lands and leases heretofore or hereafter acquired, including [but not limited to] the sale or lease of timber, oil, gas, minerals or any other severable product of or interest in real estate, when in the judgment of [said] the commission [such] the transaction will be in the interest of the state [game] wildlife commission and [said] the lands, leases, products or severable parts thereof are in the opinion of [such] the commission no longer necessary for the purposes for which [such] the lands were acquired or where [such] the lease or sublease will not materially interfere [with] or conflict with the use of [such] the lands for the purpose for which they were acquired. The proceeds of any such sale, exchange, lease or assignment shall be converted into the game protection fund and disbursed as the other [moneys] money in [said] the fund [are] is disbursed."

     SECTION 47. Section 17-4-21 NMSA 1978 (being Laws 1912, Chapter 85, Section 72, as amended) is amended to read:

     "17-4-21. [GAME--FISH] PARKS, LAKES--PROPRIETOR REPORT TO [WARDEN] DIRECTOR.--[SEC. 72.] The proprietor of every private park and lake licensed under [the preceding] Sections 17-4-8 through 17-4-28 NMSA 1978 shall, whenever required by the [Warden] director of the wildlife department, make and send to the [Warden at Santa Fe] director a report showing as near as practicable the kind, number, age and sex of the game, and the kind and number or weight of the game fish, added and disposed of during the year preceding and on hand at the date of the report."

     SECTION 48. Section 17-4-22 NMSA 1978 (being Laws 1912, Chapter 85, Section 73, as amended) is amended to read:

     "17-4-22. [GAME--FISH] PARKS, LAKES--RIGHTS EXTEND TO CONNECTING CHANNELS.--[SEC. 73.] The rights acquired by the proprietor of a private lake licensed [hereunder] under Sections 17-4-8 through 17-4-28 NMSA 1978, and the prohibitions [hereof] of those sections, shall extend to and include all channels connecting a series or group of lakes under one license [and]. The [Warden] director of the wildlife department may authorize the use of [such] screens or other appliances as may be necessary to prevent the fish in a licensed lake of Class A from escaping, and it shall be the duty of the proprietor to adopt and use [such] screens or other appliances as the [Warden] director may direct to prevent the fish in public waters from entering [such] the lake."

     SECTION 49. Section 17-5-4 NMSA 1978 (being Laws 1939, Chapter 178, Section 4, as amended) is amended to read:

     "17-5-4. STATE [GAME] WILDLIFE COMMISSION TO ADMINISTER ACT--RULES [AND REGULATIONS].--The state [game] wildlife commission is authorized and directed to administer the provisions of Sections 17-5-1 through 17-5-9 NMSA 1978 and to make such rules [and regulations] and establish such [service] services as it may deem necessary to carry out all the provisions and purposes of those sections. In making [such] rules [and regulations] and providing when and by what means fur-bearing animals may be hunted, taken, captured, possessed or killed, the state [game] wildlife commission shall give due regard to the zones of temperatures and to the distribution, abundance, economic value and breeding habits of [such] the animals. Provided, nothing in Sections 17-5-1 through 17-5-9 NMSA 1978 shall interfere with the authority granted to the president of New Mexico state university under Sections 77-15-1 through 77-15-5 NMSA 1978 or [shall] prevent livestock producers without a permit from the taking of bobcats that are doing damage to livestock."

     SECTION 50. Section 66-3-1001.1 NMSA 1978 (being Laws 2005, Chapter 325, Section 1, as amended) is amended to read:

     "66-3-1001.1. DEFINITIONS.--As used in the Off-Highway Motor Vehicle Act:

          A. "board" means the off-highway motor vehicle advisory board;

          B. "department" means the wildlife department [of game and fish];

          C. "division" means the motor vehicle division of the taxation and revenue department;

          D. "fund" means the trail safety fund;

          E. "off-highway motor vehicle" means a motor vehicle designed by the manufacturer for operation exclusively off the highway or road and includes:

                (1) "all-terrain vehicle", which means a motor vehicle fifty inches or less in width, having an unladen dry weight of one thousand pounds or less, traveling on three or more low-pressure tires and having a seat designed to be straddled by the operator and handlebar-type steering control;

                (2) "off-highway motorcycle", which means a motor vehicle traveling on not more than two tires and having a seat designed to be straddled by the operator and that has handlebar-type steering control;

                (3) "snowmobile", which means a motor vehicle designed for travel on snow or ice and steered and supported in whole or in part by skis, belts, cleats, runners or low-pressure tires;

                (4) "recreational off-highway vehicle", which means a motor vehicle designed for travel on four or more non-highway tires, for recreational use by one or more persons, and having:

                     (a) a steering wheel for steering control;

                     (b) non-straddle seating;

                     (c) maximum speed capability greater than thirty-five miles per hour;

                     (d) gross vehicle weight rating no greater than one thousand seven hundred fifty pounds;

                     (e) less than eighty inches in overall width, exclusive of accessories;

                     (f) engine displacement of less than one thousand cubic centimeters; and

                     (g) identification by means of a seventeen-character vehicle identification number; or

                (5) by rule of the department, any other vehicles that may enter the market that fit the general profile of vehicles operated off the highway for recreational purposes;

          F. "staging area" means a parking lot, trailhead or other location to or from which an off-highway motor vehicle is transported so that it may be placed into operation or removed from operation; and

          G. "unpaved public roadway" means a dirt graveled street or road that is constructed, signed and maintained for regular passenger-car use by the general public."

     SECTION 51. Section 77-1B-9 NMSA 1978 (being Laws 2007, Chapter 60, Section 9, as amended) is amended to read:

     "77-1B-9. VIOLATIONS.--

          A. Unless otherwise provided in the Animal Sheltering Act, it is a violation of that act for a person to:

                (1) perform euthanasia for a euthanasia agency or an animal shelter in this state without possessing a valid license pursuant to the Animal Sheltering Act;

                (2) solicit, advertise or offer to perform an act for which licensure or certification is required pursuant to the Animal Sheltering Act, unless the person holds a license or certification;

                (3) refuse to comply with a cease and desist order issued by the board;

                (4) refuse or fail to comply with the provisions of the Animal Sheltering Act;

                (5) make a material misstatement in an application for licensure or certification;

                (6) intentionally make a material misstatement to the board during an official investigation;

                (7) impersonate an official or inspector;

                (8) refuse or fail to comply with rules adopted by the board or with a lawful order issued by the board;

                (9) aid or abet another in violating provisions of the Animal Sheltering Act, or a rule adopted by the board;

                (10) alter or falsify a certificate of inspection, license or certification issued by the board;

                (11) fail to carry out the duties of a euthanasia technician in a professional manner;

                (12) abuse the use of a chemical substance or be guilty of habitual or excessive use of intoxicants or drugs;

                (13) sell or give chemical substances used in euthanasia procedures to an unlicensed person; or

                (14) assist an unlicensed or unauthorized person in euthanizing animals, except during a board-approved course in euthanasia.

          B. It is a violation of the Animal Sheltering Act for a euthanasia agency or an animal shelter to:

                (1) refuse to permit entry or inspection of its facilities by the board or its designees;

                (2) sell, offer for sale, barter, exchange or otherwise transfer animals that are prohibited by the wildlife department [of game and fish], the United States department of agriculture or any other regulatory agency to be kept unless the sale, offer for sale, bartering, exchanging or transferring of the animal is to a facility employing permitted rehabilitators or an individual that is a permitted rehabilitator pursuant to the rules adopted by the wildlife department [of game and fish] or another agency that has authority over people who are permitted to receive and provide care for such animals;

                 (3) allow a license or certificate issued pursuant to the Animal Sheltering Act to be used by an unlicensed or uncertified person; or

                (4) make a misrepresentation or false promise through advertisements, employees, agents or other mechanisms in connection with the euthanasia of an animal.

          C. It is a violation of the Animal Sheltering Act for an employee or official of the board or the animal sheltering committee to disclose or use for that person's own advantage information derived from reports or records submitted to the board pursuant to that act."

     SECTION 52. TEMPORARY PROVISION--TRANSFER OF FUNCTIONS, PERSONNEL, MONEY, APPROPRIATIONS, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.--On the effective date of this act, all:

          A. functions, personnel, money, appropriations, records, furniture, equipment, supplies and other property of the department of game and fish are transferred to the wildlife department;

          B. contractual obligations of the department of game and fish are binding on the wildlife department;

          C. references in law to the department of game and fish shall be deemed to be references to the wildlife department;

          D. functions, personnel, money, appropriations, records, furniture, equipment, supplies and other property of the state game commission are transferred to the state wildlife commission;

          E. contractual obligations of the state game commission are binding on the state wildlife commission; and

          F. references in law to the state game commission shall be deemed to be references to the state wildlife commission.

     SECTION 53. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2021.

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