SENATE BILL 390
54th legislature - STATE OF NEW MEXICO - first session, 2019
RELATING TO ANIMAL TRAPPING; MODIFYING THE STATE GAME COMMISSION'S REGULATION OF TRAPPING; REVISING THE COMMISSION'S RULEMAKING AUTHORITY RELATED TO THE TAKING OF FUR-BEARING ANIMALS; ENUMERATING ELEMENTS TO GUIDE RULES RELATED TO TRAP AND SNARE DEVICES; AMENDING A PENALTY PROVISION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 17-5-1 NMSA 1978 (being Laws 1939, Chapter 178, Section 1, as amended) is amended to read:
"17-5-1. DECLARATION OF POLICY.--It is the purpose of Sections 17-5-1 through 17-5-9 NMSA 1978 and the policy of New Mexico to provide an adequate and flexible system for the protection of fur-bearing animals [to the end that valuable fur resources shall not be wasted or depleted]."
SECTION 2. Section 17-5-4 NMSA 1978 (being Laws 1939, Chapter 178, Section 4, as amended) is amended to read:
"17-5-4. STATE GAME COMMISSION TO ADMINISTER ACT--RULES [AND REGULATIONS].--
A. The state game 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 for when and by what means fur-bearing animals may be hunted, taken, captured, possessed or killed, the state game commission shall give due regard to [the zones of temperatures and to the distribution, abundance, economic value and breeding habits of such animals. Provided]:
(1) the distribution, abundance and breeding habits of fur-bearing animals;
(2) actual or potential depredation by fur-bearing animals;
(3) animal disease;
(4) risk to human health and welfare; and
(5) the public interest.
B. The state game commission may develop separate rules for public and private lands. In developing rules applicable to public lands, the state game commission shall consider:
(1) limiting the types of trap or snare devices that may be used;
(2) area closures for trap or snare devices; and
(3) other such rules as deemed necessary.
C. When considering area closures for trap or snare devices or device restrictions on public lands, the state game commission shall give due regard to the:
(1) impact of restrictions on fur-bearing animal populations;
(2) degree of public recreation in the area;
(3) proximity of the area to human population centers; and
(4) potential impacts on non-target species.
D. A person who sets traps or snares on public land for animals, other than non-protected species in the family rodentia, shall first procure a trapper's license and shall be subject to state game commission rules.
E. Nothing in Sections 17-5-1 through 17-5-9 NMSA 1978 shall:
(1) 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];
(2) prevent livestock producers without a permit from the taking of bobcats that are doing damage to livestock; or
(3) prevent government employees or their contractors from the lawful discharge of their official duties."
SECTION 3. Section 17-5-5 NMSA 1978 (being Laws 1939, Chapter 178, Section 5, as amended) is amended to read:
"17-5-5. TRAPPER'S LICENSES.--
A. No resident who has reached [his twelfth birthday] the age of twelve shall capture, trap or possess any fur-bearing animal or attempt to do so without first procuring a resident trapper's license; or, in the case of a resident who has reached [his twelfth birthday] the age of twelve but not [his eighteenth birthday] the age of eighteen, a resident junior trapper's license.
B. No nonresident shall capture, trap or possess any fur-bearing animal or skunk or coyote or attempt to do so without first procuring a nonresident trapper's license.
C. No nonresident who resides in a state that does not permit New Mexico residents to procure nonresident trapper's licenses [may] shall purchase a New Mexico nonresident trapper's license.
D. Trappers shall release all fur-bearing animals trapped during closed seasons [and resident trappers who release all fur-bearing animals during open seasons need not procure a trapper's license].
E. Trappers on official business, paid from state and federal funds and under supervision of the department of game and fish, the New Mexico department of agriculture or the United States fish and wildlife service, need not purchase a trapper's license.
F. Trapping of animals, both fur-bearing and nongame, by a resident on private land in order to protect [his] livestock or domesticated animals or fowl shall not be subject to rules [and regulations] on trapping made pursuant to Section 17-5-4 NMSA 1978 or to licensing requirements provided in this section.
G. The state game commission may by regulation require holders of trapper's licenses to use bobcat pelt tags and may specify the conditions for use of the tags."
SECTION 4. Section 17-5-9 NMSA 1978 (being Laws 1939, Chapter 178, Section 10, as amended) is amended to read:
"17-5-9. PENALTY [REVOCATION OF LICENSE]--SALE OF PELTS.--Any person who violates or aids, abets or assists in the violation of any provision of Sections [53-5-1 through 53-5-10 New Mexico Statutes Annotated, 1953 Compilation] 17-5-1 through 17-5-9 NMSA 1978, or any person who makes any false statement as to the residence of any applicant for a trapper's license or fur dealer's license, or any nonresident who fraudulently procures a resident license, is guilty of a misdemeanor. [In addition, the department of game and fish may revoke, for the year in which the violation occurred, the trapper's or fur dealer's license of any person convicted.] All skins, pelts or furs involved in the violation remain the property of the state and shall be sold for the benefit of the game protection fund."
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