0001| SENATE JOINT MEMORIAL 1 | 0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND | 0003| SESSION, 1996 | 0004| INTRODUCED BY | 0005| TOM RUTHERFORD | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| A JOINT MEMORIAL | 0012| REQUESTING THE COURTS, CORRECTIONS AND CRIMINAL JUSTICE | 0013| COMMITTEE TO EXAMINE LAWS AGAINST POACHING TO RECOMMEND | 0014| IMPROVEMENTS FOR THE EFFECTIVE PREVENTION OF POACHING AND TO | 0015| REAFFIRM THE IMPORTANCE OF CONTROLLING THE PROBLEM OF WILDLIFE | 0016| POACHING AND ENSURING PUBLIC SAFETY. | 0017| | 0018| WHEREAS, poaching, the illegal taking of wildlife, is a | 0019| tremendous problem in our state and in the United States; and | 0020| WHEREAS, poaching is done by commercial poachers stealing | 0021| wildlife for profit as well as people who do not understand | 0022| their contribution to a very serious problem, and poaching | 0023| endangers people and property; and | 0024| WHEREAS, poachers operate worldwide, illegally trading | 0025| wildlife parts that are worth more on the black market than | 0001| cocaine, crack cocaine and heroin. A bear's gallbladder, for | 0002| example, can bring up to fifty thousand dollars ($50,000) on the | 0003| black market in Asia, and such illegal trade is often connected | 0004| to weapons and drug crimes; and | 0005| WHEREAS, poachers often deal in bear gallbladders, paws and | 0006| meat, eagle feathers, elk antlers, bobcat pelts, snake skins, | 0007| walrus tusks and trophy heads of many animals; and | 0008| WHEREAS, poachers prey particularly on western populations | 0009| of black bear, grizzly bear, elk, moose, deer, bighorn sheep, | 0010| mountain lion and snakes; and | 0011| WHEREAS, horrendous crimes against our wildlife heritage | 0012| have been committed in New Mexico; and | 0013| WHEREAS, the department of game and fish estimates that for | 0014| the twenty thousand deer taken legally each year, up to fifty | 0015| thousand additional deer are taken illegally; and | 0016| WHEREAS, overhunting and overfishing due to poaching is | 0017| detrimental to lawful hunting and fishing and endangers the | 0018| health of the whole resource; and | 0019| WHEREAS, poaching is often a violent crime resulting in | 0020| death or injury to landowners, innocent witnesses and law | 0021| enforcement officers and damage to property; and | 0022| WHEREAS, the anti-poaching laws of the states may be | 0023| inconsistent, ineffective and inadequately enforced; and | 0024| WHEREAS, penalties for poaching seem not to be a sufficient | 0025| deterrent to poachers; and | 0001| WHEREAS, the wild friends youth of New Mexico have made | 0002| improvement of poaching laws a priority for action in 1996; and | 0003| WHEREAS, magistrate judges should receive education about | 0004| the seriousness of the poaching problem, its effects, and the | 0005| laws concerning it through the state judicial education center, | 0006| and magistrate judges need to enforce the fines, penalties and | 0007| sentences for convicted poachers; and | 0008| WHEREAS, magistrate judges are not well enough aware of the | 0009| current poaching laws and the devastating effect poaching has on | 0010| the state's wildlife; and | 0011| WHEREAS, not only their property and livestock, but the | 0012| very lives of farmers and ranchers are at risk from poaching | 0013| criminals; and | 0014| WHEREAS, there are not enough conservation officers to | 0015| cover the huge tracts of land where poaching occurs; and | 0016| WHEREAS, we want people living in rural areas to have a | 0017| greater measure of safety from the violence and property crimes | 0018| associated with poaching; and | 0019| WHEREAS, an end to poaching will require not merely a | 0020| vision of ideals and morality, but rather a hard objective plan | 0021| to be reached through public support and effort; | 0022| NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE | 0023| STATE OF NEW MEXICO that the courts, corrections and criminal | 0024| justice committee be requested to examine existing penalties for | 0025| poaching and to consider increasing penalties to more serious | 0001| degrees of felony, including making it a felony to illegally | 0002| hunt on, or shoot onto, property without the owner's permission; | 0003| and | 0004| BE IT FURTHER RESOLVED that the appropriate committee be | 0005| requested to study revenue enhancements for wildlife law | 0006| enforcement through such means as the fish and wildlife | 0007| diversity funding initiative; and | 0008| BE IT FURTHER RESOLVED that public education be increased, | 0009| citizens be encouraged to use the operation game thief hotline | 0010| and that hunters be required to take hunter education classes; | 0011| and | 0012| BE IT FURTHER RESOLVED that copies of this memorial be | 0013| transmitted to members of the courts, corrections and criminal | 0014| justice committee, the department of game and fish and the | 0015| legislative council. | 0016|  | 0017| | 0018| FORTY-SECOND LEGISLATURE SJM 1/a | 0019| SECOND SESSION, 1996 | 0020| | 0021| | 0022| January 24, 1996 | 0023| | 0024| Mr. President: | 0025| | 0001| Your JUDICIARY COMMITTEE, to whom has been referred | 0002| | 0003| SENATE JOINT MEMORIAL 1 | 0004| | 0005| has had it under consideration and reports same with | 0006| recommendation that it DO PASS, amended as follows: | 0007| | 0008| 1. On page 1, between lines 16 and 17, insert: | 0009| | 0010| "WHEREAS, this memorial has been written by students from the | 0011| following New Mexico schools: Alameda elementary school, | 0012| Canoncito middle school, Jefferson middle school, Laguna-Acoma | 0013| middle/senior school, Los Lunas high school, Moriarty middle | 0014| school, Polk middle school, and Thoreau middle school; and". | 0015| | 0016| 2. On page 3, line 24, after "penalties" strike the remainder | 0017| of the line and line 25 and insert in lieu thereof "for poaching | 0018| and illegally hunting on, or shooting onto, property without the | 0019| owner's permission;". | 0020| | 0021| 3. On page 4, strike line 1 in its entirety. | 0022| | 0023| 4. On page 4, line 7, after "education" insert "about the | 0024| problems of poaching". | 0025| | 0001| 5. On page 4, line 9, after "that" strike the remainder of | 0002| the line and insert in lieu thereof "hunter education about | 0003| poaching be offered to all hunters;". | 0004| | 0005| 6. On page 4, between lines 10 and 11, insert the following: | 0006| | 0007| "BE IT FURTHER RESOLVED that the judicial education center is | 0008| encouraged to train magistrate judges about the enforcement of | 0009| poaching laws; and". | 0010| | 0011| 7. On page 4, line 13, after "fish" insert ", the judicial | 0012| education center". | 0013| | 0014| | 0015| | 0016| | 0017| | 0018| and thence referred to the RULES COMMITTEE. | 0019| | 0020| Respectfully submitted, | 0021| | 0022| | 0023| | 0024| __________________________________ | 0025| Janice D. Paster, Chairman | 0001| | 0002| | 0003| | 0004| Adopted_______________________ Not Adopted_______________________ | 0005| (Chief Clerk) (Chief Clerk) | 0006| | 0007| | 0008| Date ________________________ | 0009| | 0010| | 0011| The roll call vote was 6 For 0 Against | 0012| Yes: 6 | 0013| No: 0 | 0014| Excused: Cisneros, Sanchez, Tsosie | 0015| Absent: None | 0016| | 0017| | 0018| | 0019| | 0020| | 0021| SJ001JU1 | 0022| | 0023| FORTY-SECOND LEGISLATURE | 0024| SECOND SESSION, 1996 | 0025| | 0001| | 0002| February 1, 1996 | 0003| | 0004| Mr. President: | 0005| | 0006| Your RULES COMMITTEE, to whom has been referred | 0007| | 0008| SENATE JOINT MEMORIAL 1 | 0009| | 0010| has had it under consideration and reports same with | 0011| recommendation that it DO PASS,and thence referred to | 0012| the CONSERVATION COMMITTEE. | 0013| | 0014| Respectfully submitted, | 0015| | 0016| | 0017| | 0018| __________________________________ | 0019| Gloria Howes, Chairman | 0020| | 0021| | 0022| | 0023| Adopted_______________________ Not Adopted_______________________ | 0024| (Chief Clerk) (Chief Clerk) | 0025| | 0001| | 0002| | 0003| Date ________________________ | 0004| | 0005| | 0006| The roll call vote was 8 For 0 Against | 0007| Yes: 8 | 0008| No: 0 | 0009| Excused: EJennings | 0010| Absent: 0 | 0011| | 0012| | 0013| SJ001RU1 | 0014| | 0015| | 0016| FORTY-SECOND LEGISLATURE | 0017| SECOND SESSION, 1996 | 0018| | 0019| | 0020| February 6, 1996 | 0021| | 0022| Mr. President: | 0023| | 0024| Your CONSERVATION COMMITTEE, to whom has been referred | 0025| | 0001| SENATE JOINT MEMORIAL 1, as amended | 0002| | 0003| has had it under consideration and reports same with | 0004| recommendation that it DO PASS. | 0005| | 0006| Respectfully submitted, | 0007| | 0008| | 0009| | 0010| __________________________________ | 0011| TOM R. BENAVIDES, Chairman | 0012| | 0013| | 0014| | 0015| Adopted_______________________ Not Adopted_______________________ | 0016| (Chief Clerk) (Chief Clerk) | 0017| | 0018| | 0019| | 0020| Date ________________________ | 0021| | 0022| | 0023| The roll call vote was 5 For 0 Against | 0024| Yes: 5 | 0025| No: 0 | 0001| Excused: Rutherford, Tsosie, Vernon, Wray | 0002| Absent: 0 | 0003| | 0004| | 0005| SJ001CO1 | 0006| State of New Mexico | 0007| House of Representatives | 0008| | 0009| FORTY-SECOND LEGISLATURE | 0010| SECOND SESSION, 1996 | 0011| | 0012| | 0013| February 13, 1996 | 0014| | 0015| | 0016| Mr. Speaker: | 0017| | 0018| Your JUDICIARY COMMITTEE, to whom has been referred | 0019| | 0020| SENATE JOINT MEMORIAL 1, as amended | 0021| | 0022| has had it under consideration and reports same with | 0023| recommendation that it DO PASS. | 0024| | 0025| Respectfully submitted, | 0001| | 0002| | 0003| | 0004| | 0005| Cisco McSorley, Chairman | 0006| | 0007| | 0008| Adopted Not Adopted | 0009| | 0010| (Chief Clerk) (Chief Clerk) | 0011| | 0012| Date | 0013| | 0014| The roll call vote was 8 For 0 Against | 0015| Yes: 8 | 0016| Excused: Baca, Christensen, Larranaga, Luna, Sanchez, R.G. | 0017| Absent: None | 0018| | 0019| | 0020| | 0021| SJ001JC1 |