0001| AN ACT | 0002| RELATING TO HUNTING LICENSES; REVISING PROVISIONS AFFECTING HUNTING | 0003| GUIDES, OUTFITTERS AND LICENSES; AMENDING AND REPEALING SECTIONS OF | 0004| THE NMSA 1978; DECLARING AN EMERGENCY. | 0005| | 0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0007| Section 1. Section 17-2-10 NMSA 1978 (being Laws 1931, Chapter 117, Section 7, as | 0008| amended) is amended to read: | 0009| "17-2-10. VIOLATION OF GAME AND FISH LAWS OR REGULATIONS--PENAL- | 0010| | 0011| TIES.-- | 0012| A. Except as otherwise provided in this section, any person violating any of the | 0013| provisions of Chapter 17 NMSA 1978 or any regulations adopted by the state game commission | 0014| which relate to the time, extent, means or manner that game animals, birds or fish may be hunted, | 0015| taken, captured, killed, possessed, sold, purchased or shipped is guilty of a misdemeanor and | 0016| upon conviction may be sentenced to imprisonment in the county jail for a term not to exceed six | 0017| months and shall be sentenced to the payment of a fine in accordance with the following | 0018| schedule: | 0019| (1) illegally taking, attempting to take, killing, capturing or possessing of | 0020| each deer, antelope, javelina, bear or cougar during a closed season, a fine of four hundred | 0021| dollars ($400); | 0022| (2) illegally taking, attempting to take, killing, capturing or possessing of | 0023| each elk, bighorn sheep, oryx, ibex or Barbary sheep, a fine of one thousand dollars ($1,000); | 0024| (3) hunting big game without a proper and valid license, lawfully | 0025| procured, a fine of one hundred dollars ($100); | 0001| (4) exceeding the bag limit of any big game species, a fine of four | 0002| hundred dollars ($400); | 0003| (5) attempting to exceed the bag limit of any big game species by the | 0004| hunting of any big game animal after having tagged a similar big game species, a fine of two | 0005| hundred dollars ($200); | 0006| (6) signing a false statement to procure a resident hunting or fishing | 0007| license when the applicant is residing in another state at the time of application for a license, a | 0008| fine of four hundred dollars ($400); | 0009| (7) using a hunting or fishing license issued to another person, a fine of | 0010| one hundred dollars ($100); | 0011| (8) violation of Section 17-2-31 NMSA 1978, a fine of three hundred | 0012| dollars ($300); and | 0013| (9) selling, offering for sale, offering to purchase or purchasing any big | 0014| game animal unless otherwise provided by Chapter 17 NMSA 1978, a fine of one thousand | 0015| dollars ($1,000). | 0016| B. Any person who is convicted of a violation of any regulations adopted by the | 0017| state game commission which relate to the time, extent, means or manner that game animals, | 0018| birds or fish may be hunted, taken, captured, killed, possessed, sold, purchased or shipped, or of a | 0019| violation of any of the provisions of Chapter 17 NMSA 1978, for which a punishment is not set | 0020| forth under Subsection A of this section, shall be fined not less than fifty dollars ($50.00) nor | 0021| more than five hundred dollars ($500) or imprisoned not more than six months, or both. | 0022| C. Any person who violates as a first offense Section 17-2A-3 NMSA 1978 or | 0023| any regulations adopted pursuant to that section is guilty of a misdemeanor and upon conviction | 0024| may be sentenced to imprisonment in the county jail for a term not to exceed six months and | 0025| shall be fined not less than fifty dollars ($50.00) or more than five hundred dollars ($500), or | 0001| both. Any person who violates as a second or subsequent offense Section 17-2A-3 NMSA 1978 | 0002| or any regulations adopted pursuant to that section is guilty of a fourth degree felony and shall be | 0003| sentenced and fined pursuant to the provisions of Section 31-18-15 NMSA 1978." | 0004| Section 2. Section 17-2A-3 NMSA 1978 (being Laws 1996, Chapter 89, Section 5) is | 0005| amended to read: | 0006| "17-2A-3. HUNTING GUIDES AND OUTFITTERS.-- | 0007| A. Effective April 1, 1997, it is unlawful to be a hunting guide or outfitter in New | 0008| Mexico without being registered, except for a private landowner or his authorized agent who | 0009| outfits or guides pursuant to a landowner permit issued by the department of game and fish for | 0010| the landowner's property or for the landowner's shared private and public unit. | 0011| B. The state game commission shall adopt regulations by September 1, 1997 to | 0012| govern the granting of non-interim registration, permits and certificates to hunting guides and | 0013| outfitters and to regulate the operations and professional conduct of registered hunting guides and | 0014| outfitters. Regulations shall be adopted in accordance with the following procedures and | 0015| standards: | 0016| (1) the commission shall establish dates and locations for a public hearing | 0017| and provide reasonable prior public notice of a hearing. A public hearing shall be held at a place | 0018| within any quadrant of the state affected by the proposed regulation when the commission | 0019| determines there is substantial public interest in holding a hearing in that quadrant; | 0020| (2) a hearing shall be held within six months of the date a proposed | 0021| regulation is issued; | 0022| (3) notice of a hearing shall: | 0023| (a) include the date, time and location of the hearing; | 0024| (b) include a statement of the recommended action; | 0025| (c) include an indication of the location and availability of the | 0001| public file on the regulation; | 0002| (d) indicate where and by what date written and oral comments | 0003| and testimony may be received; and | 0004| (e) specify that the public record shall remain open for comments | 0005| for thirty days after the date of the final hearing; and | 0006| (4) the commission shall make its decision and take action based upon | 0007| relevant and reliable evidence. | 0008| C. No person shall be allowed to work as a registered hunting guide or outfitter in | 0009| New Mexico: | 0010| (1) without being registered by the state game commission; | 0011| (2) if the person has had a guide or outfitter license, registration, permit or | 0012| certificate revoked in another state; | 0013| (3) if the person has had a guide or outfitter license, registration, permit or | 0014| certificate suspended in another state and it has not been reinstated; or | 0015| (4) if the person has been convicted of a felony. | 0016| D. The state game commission shall develop a point system for the suspension or | 0017| revocation of a guide or outfitter registration. The point system shall be similar to the point | 0018| system that governs individual hunting and fishing license privileges. | 0019| E. To be granted a registration to be a guide, an applicant shall, in addition to any | 0020| other reasonable criteria adopted by the state game commission, and except as provided for | 0021| persons granted an interim registration: | 0022| (1) be at least eighteen years of age; and | 0023| (2) pass a written or oral examination approved by the department of | 0024| game and fish at a date and time approved by the department. | 0025| F. A registered or interim registered guide shall work only under the supervision | 0001| of a New Mexico registered or interim registered outfitter and in an area designated by the | 0002| registered or interim registered outfitter. | 0003| G. The department of game and fish may provide a registration for a temporary | 0004| emergency guide, provided the registration is limited to a maximum seven-day period and is | 0005| granted only in emergency circumstances as determined by the department. The fee for a | 0006| temporary emergency guide registration is ten dollars ($10.00). | 0007| H. To be granted a registration to be an outfitter, an applicant shall, in addition to | 0008| any other reasonable criteria adopted by the state game commission, and except as provided for | 0009| persons granted an interim registration: | 0010| (1) be at least twenty-one years of age; | 0011| (2) have operated as a New Mexico registered guide for at least three | 0012| years or have been granted an interim outfitter's registration; | 0013| (3) not be a convicted felon or have a history of violation of federal or | 0014| state game and fish laws or regulations or federal or state guide or outfitter licensing or | 0015| registration laws or regulations; and | 0016| (4) pass a written or oral examination approved by the department of | 0017| game and fish at a date and time determined by the department. | 0018| I. A registered outfitter shall: | 0019| (1) provide proof of commercial liability insurance of at least five | 0020| hundred thousand dollars ($500,000); | 0021| (2) responsibly supervise each registered guide working under his | 0022| direction; | 0023| (3) provide a written contract for outfitting services, signed by the | 0024| registered outfitter and identifying the outfitter's registration number, to each resident and | 0025| nonresident who seeks to use the services of a registered outfitter; | 0001| (4) register with the taxation and revenue department and provide proof of | 0002| that registration to the department of game and fish; and | 0003| (5) provide at least one registered guide or outfitter for every four or fewer | 0004| resident or nonresident hunters who have contracted for an outfitter's guided services. | 0005| J. The department of game and fish shall provide to the taxation and revenue | 0006| department a copy of each outfitter registration that is granted. | 0007| K. No person shall be allowed to charge a processing or other fee to obtain for a | 0008| resident or nonresident a license that is granted from a special drawing for a hunt on public lands | 0009| pursuant to the provisions of Section 17-3-16 NMSA 1978, except that nothing in this subsection | 0010| shall prohibit the department of game and fish from collecting an application fee. | 0011| L. A New Mexico resident registered outfitter shall be a registered outfitter who | 0012| is a resident as defined in Section 17-3-4 NMSA 1978. The state game commission shall adopt | 0013| regulations that set forth additional requirements and that shall include at a minimum that a | 0014| resident registered outfitter shall maintain a business address in New Mexico and, except as | 0015| provided in Subsection Q of this section, derive at least fifty percent of his guiding or outfitting | 0016| income from guiding or outfitting in New Mexico, as determined by gross receipts or corporate | 0017| or individual income tax returns for the immediately preceding three years. | 0018| M. The department of game and fish shall maintain for public distribution a list | 0019| of New Mexico registered outfitters. | 0020| N. The annual registration fee for a registered guide in New Mexico is fifty | 0021| dollars ($50.00) for a resident and one hundred dollars ($100) for a nonresident. | 0022| O. The annual registration fee to be a registered outfitter in New Mexico is five | 0023| hundred dollars ($500) for either a resident or a nonresident. | 0024| P. Annual registration fees for guides and outfitters shall be deposited in the | 0025| game protection fund. | 0001| Q. A resident interim registered or registered outfitter may apply for inactive | 0002| status of his registration for any period in which he does not operate as an outfitter. The state | 0003| game commission shall reactivate an outfitter registration at the request of the outfitter and upon | 0004| proof that the outfitter complies with the provisions of this section and upon payment of the | 0005| annual registration fee for the year the registration is being reinstated and payment of a | 0006| reinstatement fee of not to exceed fifty dollars ($50.00). | 0007| R. The state game commission shall adopt by September 1, 1996 interim | 0008| regulations, consistent to the greatest extent practicable with the provisions of this section, to | 0009| provide for the granting of interim registrations to guides and outfitters. The commission shall | 0010| issue interim registrations prior to mailing applications for 1997 licensed hunts to persons who | 0011| qualify for interim registration and submit applications to the department of game and fish. | 0012| S. A person adversely affected by an action, other than a regulation, taken | 0013| pursuant to the provisions of this section, including the denial, suspension or revocation of a | 0014| registration, license, permit or certificate, may seek review of the action pursuant to the | 0015| provisions of the Uniform Licensing Act. | 0016| T. A person adversely affected by a regulation adopted by the state game | 0017| commission pursuant to this section may appeal to the court of appeals. All appeals shall be | 0018| made upon the record at the hearing and shall be taken to the court of appeals within thirty days | 0019| following the date of the action. The date of the action shall be the date of the filing of the | 0020| regulation by the commission, pursuant to the provisions of the State Rules Act. | 0021| U. Upon appeal, the court of appeals shall set aside a regulation only if it is found | 0022| to be: | 0023| (1) arbitrary, capricious or an abuse of discretion; | 0024| (2) not supported by substantial evidence in the record; or | 0025| (3) otherwise not in accordance with law. | 0001| V. After a hearing and a showing of good cause by the appellant, a stay of a | 0002| regulation being appealed may be granted: | 0003| (1) by the state game commission; or | 0004| (2) by the court of appeals if the state game commission denies a stay or | 0005| fails to act upon an application for a stay within sixty days after receipt of the application. | 0006| W. The appellant shall pay all costs for any appeal found to be frivolous by the | 0007| court of appeals." | 0008| Section 3. Section 17-3-16 NMSA 1978 (being Laws 1964 (1st S.S.), Chapter 17, | 0009| Section 7, as amended) is amended to read: | 0010| "17-3-16. FUNDS--SPECIAL DRAWINGS FOR LICENSES.-- | 0011| A. The director of the department of game and fish may provide special | 0012| envelopes and application blanks when a special drawing is to be held to determine the persons | 0013| to receive licenses. Money required to be submitted with these applications, if enclosed in the | 0014| special envelopes, need not be deposited with the state treasurer but may be held by the | 0015| director until the successful applicants are determined. At that time, the fees of the successful | 0016| applicants shall be deposited with the state treasurer and the fees submitted by the unsuccessful | 0017| applicants shall be returned to them. | 0018| B. Beginning with the licenses issued from a special drawing for a hunt code on | 0019| public lands that commences on or after April 1, 1997: | 0020| (1) twenty-two percent of the licenses shall be issued to nonresidents | 0021| divided as follows: | 0022| (a) twelve percent of the licenses to be drawn by nonresidents who | 0023| will be guided by a New Mexico outfitter or guide; and | 0024| (b) ten percent of the licenses to be drawn by nonresidents who are | 0025| not required to be guided by a New Mexico outfitter or guide; and | 0001| (2) seventy-eight percent of the licenses shall be issued to residents of | 0002| New Mexico. | 0003| C. If the number of nonresidents or residents who apply for licenses pursuant to | 0004| the provisions of Paragraphs (1) and (2) of Subsection B of this section does not constitute the | 0005| allocated percentages for either category of nonresidents or residents, then the additional licenses | 0006| available shall be granted to the other category of nonresidents or residents. | 0007| D. If the determination of the percentages in Subsection B of this section yields a | 0008| fraction of: | 0009| (1) five-tenths or greater, the number of licenses to be issued shall be | 0010| rounded up to the next whole number; and | 0011| (2) less than five-tenths, the number of licenses shall be rounded down to | 0012| the next whole number. | 0013| E. The fee for a nonresident license for a special drawing in a high-demand hunt | 0014| covered in Subsection B of this section shall be assessed at the same rate as a license for | 0015| nonresident quality elk or quality deer. As used in this subsection, "high-demand hunt" means: | 0016| (1) a hunt where the total number of nonresident applicants for a hunt | 0017| code in each unit exceeds twenty-two percent of the total applicants and where the total | 0018| applicants for a hunt exceeds the number of licenses available based on application data | 0019| indicating that this criteria occurred in each of the two immediately preceding years; or | 0020| (2) an additional hunt code designated by the department of game and fish | 0021| as a quality hunt." | 0022| Section 4. REPEAL.-- | 0023| A. That version of Section 17-3-16 NMSA 1978 (being Laws 1996, Chapter 89, | 0024| Section 2) that is to become effective June 30, 1999 is repealed. | 0025| B. Laws 1996, Chapter 89, Sections 6 and 7 are repealed. | 0001| Section 5. SEVERABILITY.--If any part or application of this act or Laws 1996, Chapter | 0002| 89, Sections 1 and 3 through 5 is held invalid, the remainder or its application to other situations | 0003| or persons shall not be affected. | 0004| Section 6. ACT RETROACTIVE.--In the event this act is not enacted with the | 0005| emergency clause, to make it effective prior to April 1, 1997, upon its effective date its | 0006| provisions shall be made retroactive in operation to April 1, 1997. | 0007| Section 7. EMERGENCY.--It is necessary for the public peace, health and safety | 0008| that this act take effect immediately. |