GAME COMMISSION REFORM
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SB 5 — GAME COMMISSION REFORM
Last action — Signed
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 21, 2025. Enacted.
Signed by Governor Michelle Lujan Grisham (Democratic) on March 20, 2025.
Prognosis
Where this bill stands today.
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Enacted
Current position in the legislative process.
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5 sponsors
5 primary, 0 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (4 D · 1 R) — cross-party backing.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
880 added · 2985 removedPlain-language change summary
The recently updated SB 5 introduces several key changes to how wildlife management is handled in the state. It establishes term limits for commissioners of the State Wildlife Commission and creates a nominating committee to oversee their appointment, aiming for a more transparent process. Furthermore, the bill renames the Department of Game and Fish to the Department of Wildlife, emphasizing a broader focus on wildlife management. These changes are designed to improve governance and accountability within the commission, ultimately benefiting conservation efforts in the state.
SENATEAN BILLACT 5RELATING 57THTO LEGISLATURETHE -STATE STATEOFNEWMEXICO-GAME FIRSTCOMMISSION; SESSION, 2025 INTRODUCED BY Pete Campos and Peter Wirth and Matthew McQueen and Crystal Brantley and Nathan P.
Small This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
h AN ACT g o HENRCºRELATING TO THE STATE GAME COMMISSION;
REFORMING THE t hr g e i k STATE GAME COMMISSION APPOINTMENT PROCESS;
SETTING TERM LIMITS h r i s FOR COMMISSIONERS;
ADDING REQUIREMENTS FOR APPOINTMENT AND h , t, REMOVAL OF COMMISSIONERS;
CREATING THE STATE WILDLIFE e u g e b l e e h COMMISSION NOMINATING COMMITTEE;
RENAMING THE DEPARTMENT OF n d d i = = o h GAME AND FISH AS THE DEPARTMENT OF WILDLIFE;
RENAMING THE STATE l ] b ,d i a º e GAME COMMISSION AS THE STATE WILDLIFE COMMISSION;
AMENDING r i = r t e w d m a n o STATUTORY POLICY;
EXPANDING THE MANAGEMENT OF WILDLIFE;
ADDING d m :
b e d s º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e e a n e d r e l u [ A d DEFINITIONS;
PROVIDING REPORTING REQUIREMENTS;
AMENDING LICENSING FEES;
PROVIDING FOR FEE ADJUSTMENTS TO ACCOUNT FOR INFLATION;
PROVIDING DISCOUNTS FOR RESIDENTS WHO RECEIVE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS;
SFCºADDING LICENSE TYPES AND FEES;»SFC PROVIDING TRANSFERS;
SCONCºREPEALING SECTION 17-2-2 NMSA 1978 (BEING LAWS 1937, CHAPTER 23, SECTION 1).»SCONC SCONCºREPEALING SECTIONS 17-1-1 AND 17-2-2 NMSA 1978 (BEING LAWS 1921, CHAPTER 35, SECTION 1 AND LAWS 1937, CHAPTER 23, SECTION 1, AS AMENDED).»SCONC»HENRC HENRCºRELATING TO THE STATE GAME COMMISSION;
AMENDING h STATUTORY POLICY;
ADDING u » r t h DEFINITIONS;
AMENDING g e l i LICENSING FEES;
PROVIDING FOR FEE ADJUSTMENTS TO ACCOUNT FOR h r i s INFLATION;
PROVIDING DISCOUNTS h , e h t u g FOR RESIDENTS WHO RECEIVE SUPPLEMENTAL NUTRITION ASSISTANCE e b l e e , gh PROGRAM BENEFITS;
REPEALING SECTIONS n d d i = = o h l ] b ,d 17-1-1 AND 17-2-2 NMSA 1978 (BEING LAWS 1921, CHAPTER 35, i a º r e r = SECTION 1 AND LAWS 1937, CHAPTER 23, SECTION 1, AS tAMENDED). e w d m a n o d m :
b r e t º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 2 - e a n e d r e l u [ A d AMENDED).»HENRC BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
HENRCºSECTION SRCºSECTION 1.
Section 17-1-117-2A-1 NMSA 1978 (being Laws 1921,1996, Chapter 35,89, Section 1,3) is recompiled as amended)Section 17-1-1.1 NMSA 1978 and is amended to read:
"17-1-1."17-1-1.1.
DECLARATIONDEFINITIONS.--For OF POLICY.--It is the purposepurposes of [this act] Chapter 17 NMSA 19781978: and the policy of the state [of New Mexico to provide an adequate and flexible system for the protection of the game and fish of New Mexico and for their use and development for public recreation and food supply and to provide for their propagation, planting, protection, regulation and conservation to the extent necessary to provide and maintain an adequate supply of game and fish within the state of New Mexico] to provide for the conservation and management of the state's wildlife as a public trust resource with h ecological, economic and intrinsic value, as well as for the u » r benefit, use, food supply and nonconsumptive enjoyment of t h g e l i all."»SRC»HENRC h r i s HENRCº SECTION SRCº2.»SRC SRCº1.»SRC Section 17-2A-1 h , e h t u g NMSA 1978 (being Laws 1996, Chapter 89, Section 3) is e b l e e , gh recompiled as Section 17-1-1.1 NMSA 1978 and is amended to n d d i = = o h read:
l ] b ,d i a º r e r = "17-1-1.1.
DEFINITIONS.--For the purposes of Chapter 17 t e w d m a n o NMSA 1978:
d m :
b r e t º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 3 - e a n e d r e l u [ A d A.
"commission" or "state game commission" means the state wildlife commission;
B.
"department" or "department of game and fish" means the department of wildlife;
C.
"director", "warden", "state warden", "state game warden" or "state game and fish warden" means the director of the department of wildlife;
Show all 500 changed lines (460 more)
[A.] D.
"hunt code" means a description used to identify and define the species, weapon type and time frame authorized for a specific hunt;
[B.] E.
"outfitter" or "guide" means a person who advertises or holds [himself] themself out to the public for hire or is employed or accepts compensation for providing, within the unit where a hunt occurs, facilities, equipment or services for hunting activities;
provided, however, that "outfitter" or "guide" does not include a person who only h cooks, cuts wood or performs other comparable or incidental u » r t h duties not directly related to hunting activities;
and g e l i [C.] F.
"unit" means a geographically bound area in h r i s the state that is used to manage game species."»HENRC h , e h t u g HENRCºSECTION 1.
Section 17-2A-1 NMSA 1978 (being Laws e b l e e , gh 1996, Chapter 89, Section 3) is recompiled as Section 17-1-1.1 n d d i = = o h l ] b ,d NMSA 1978 and is amended to read:
i a º r e r = "17-1-1.1.
DEFINITIONS.--For the purposes of Chapter 17 t e w d m a n o d m :
b r e t º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 4 - e a n e d r e l u [ A d NMSA 1978:
"commission" or "state game commission" means SB 5 Page 1 the state wildlife commission;
[A.] D.
"hunt code" means a description used to identify and define the species, weapon type and time frame authorized for a specific hunt;
[B.] E.
"outfitter" or "guide" means a person who advertises or holds [himself] themself out to the public for hire or is employed or accepts compensation for providing, within the unit where a hunt occurs, facilities, equipment or services for hunting activities;
provided, however, that h "outfitter" or "guide" does not include a person who only u » r t h cooks, cuts wood or performs other comparable or incidental g e l i duties not directly related to hunting activities;
and h r i s [C.] F.
"unit" means a geographically bound area in h , e h t u g the state that is used to manage game species."»HENRC e b l e e , gh HENRCºSECTION SRCº3.»SRC SRCº2.»SRC Section 17-1-2 n d d i = = o h l ] b ,d NMSA 1978 (being Laws 1921, Chapter 35, Section 2, as amended) i a º r e r = is amended to read:
t e w d m a n o d m :
b r e t º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 5 - e a n e d r e l u [ A d "17-1-2.
STATE [GAME] WILDLIFE COMMISSION--APPOINTMENT-- TERM.-- A.
SRCºTo carry out the purpose of Chapter 17 NMSA and all other acts for like purpose, there»SRC SRCºThere»SRC is created a "state [game] wildlife commission" of seven voting 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.
In making appointments to the state game commission, one member shall be appointed from each of the following districts:
h g A.
district one:
Curry, De Baca, Roosevelt, o t hr Chaves, Lincoln, Otero, Eddy and Lea counties;
g e i k B.
district two:
Catron, Socorro, Grant, Hidalgo, h r i s h Luna, Sierra and Dona Ana counties;
, t, e u g C.
district three:
San Juan, McKinley, Cibola, e b l e e h Valencia, Sandoval, Los Alamos and Rio Arriba counties;
n d d i = = o h l ] b ,d D.
district four:
Santa Fe, Taos, Colfax, Union, i a º e r i = r Mora, Harding, Quay, San Miguel, Guadalupe and Torrance t e w d m a n o d m :
b e d s º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 6 - e a n e d r e l u [ A d counties;
and E.
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 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 activities or occupation are not in conflict with wildlife and habitat advocacy.
The state game commission as provided in Chapter 17 NMSA 1978 shall have the same authority, powers and duties as now vested in the state game commission by law and each member of the state game commission shall serve until his successor has been appointed and qualified] all of whom shall possess knowledge of wildlife, hunting and fishing and be New h g Mexico residents.
The governor shall appoint the members of o t hr the commission with the advice and consent of the senate from a g e i k list of qualified nominees submitted to the governor by the h r i s h state wildlife commission nominating committee.
The commission , t, e u g shall select one commissioner to be chair and one commissioner e b l e e h to be vice chair.
The department shall provide administrative n d d i = = o h l ] b ,d support to the commission.
i a º e r i = r B.
Three at-large members of the commission shall t e w d m a n o d m :
b e d s º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 7 - e a n e d r e l u [ A d hold positions one, two and three, with no more than one member residing in any one county and with no more than two members affiliated with the same political party Sfl5ºSCONCº;
provided that at least one member shall be a member of an Indian nation, tribe or pueblo»SCONC»Sfl5 Sfl5º;
provided that at least one member shall be a New Mexico member of a federally recognized Indian nation, tribe or pueblo»Sfl5 .
C.
Four members of the commission shall hold positions four, five, six and seven, with no more than one member residing in any one county and with no more than two members affiliated with the same political party, as follows:
(1) position four, a rancher or farmer who SCONCºowns or manages and earns income from a New Mexico ranch or farm, on which at least two big game species as defined, and for which hunting is licensed, by the department are frequently present;»SCONC SCONCºactively works at growing and selling h livestock or crops from a ranch or farm where at least two big u » r t h game species, as defined by and for which hunting is licensed g e l i by the department, are frequently present;»SCONC h r i s (2) position five, a conservationist who for h , e h t u g the previous four years has been an employee, a member of the e b l e e , gh board or a member of an established advisory committee of a n d d i = = o h l ] b ,d nonprofit wildlife or habitat conservation organization, the i a º r e r = primary focus of which is not game species;
t e w d m a n o d m :
b r e t º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 8 - e a n e d r e l u [ A d (3) position six, an individual who is both a hunter and an angler having held both a New Mexico hunting license and fishing license each of the previous four years;
and (4) position seven, a scientist who holds at least a master's degree in wildlife biology, conservation biology, fisheries science or management, wildlife science or management or a comparable wildlife field.
Except"hunt forcode" themeans initiala appointmentsdescription asused providedto inidentify Sectionand SFCºSRCº11»SRCdefine SRCº10»SRC»SFCthe SFCºSFCº11»SFC»SFCspecies, SFCº12»SFCweapon oftype thisand 2025time act,frame theauthorized term of office for eacha memberspecific ofhunt; the commission shall be six years.
A"outfitter" commissioneror shall"guide" servemeans a person who advertises or holds themself out to the public for nohire moreor thanis twoemployed termsor afteraccepts Januarycompensation 1,for 2027.providing, within the unit where a hunt occurs, facilities, equipment or services for hunting activities;
Aprovided, partialhowever, termthat shall"outfitter" beor counted"guide" asdoes onenot fullinclude term,a unlessperson thewho partialonly termcooks, iscuts lesswood thanor oneperforms fullother year.comparable or incidental duties not directly related to hunting activities;
hand F.
When"unit" means a commissionergeographically dies,bound resignsarea orin no longer u » r t h meets the qualificationsstate requiredthat foris theused commissioner'sto gmanage egame lspecies." iSECTION original2. appointment, or misses three consecutive meetings, h r i s that position on the commission becomes vacant.
The governor h , e h t u g shall appoint a successor for the remainder of the term from a e b l e e , gh list of qualified nominees submitted to the governor by the n d d i = = o h l ] b ,d state wildlife commission nominating committee.
i a º r e r = G.
Except when the position of commissioner becomes t e w d m a n o d m :
b r e t º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 9 - e a n e d r e l u [ A d vacant pursuant to Subsection F of this section, a commissioner shall not be removed except for incompetence, neglect of duty or malfeasance in office;
provided that no removal shall be made without notice of hearing and an opportunity to be heard having first been given to the commissioner.
The state ethics commission may bring an action SRCºin district court»SRC for the removal of a commissioner upon the state ethics commission's information or upon the complaint of a person with knowledge of a commissioner's alleged incompetence, neglect of duty or malfeasance in office.
The state ethics commission may also bring an action SRCºin district court»SRC to enforce the provisions of Subsection F of this section or determine whether a position of the commission has become vacant pursuant to Subsection F of this section.
SRCºThe supreme court is given exclusive original jurisdiction over proceedings to remove commissioners under such rules as it may promulgate, and its h decision in connection with such matters shall be final.»SRC u » r t h H.
A person shall not be eligible to be appointed g e l i as a commissioner if the person changed party affiliation h r i s during the previous four years;
provided that a person who h , e h t u g changed party affiliation for the purpose of voting in a e b l e e , gh primary election pursuant to Section 1-4-5.7 NMSA 1978 and then n d d i = = o h l ] b ,d changed party affiliation back to the status of that person's i a º r e r = party affiliation immediately prior to the change within ninety t e w d m a n o d m :
b r e t º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 10 - e a n e d r e l u [ A d days shall not be considered to have changed party affiliation for the purposes of this subsection.
I.
The following persons shall serve as advisory, nonvoting members of the commission:
(1) the director of the New Mexico outdoor recreation division of the economic development department or the director's designee;
(2) the director of the New Mexico department of agriculture or the director's designee;
(3) the commissioner of public lands or the commissioner's designee;
and (4) the secretary of Indian affairs or the secretary's designee."»HENRC HENRCºSECTION 2.
STATE [GAME] WILDLIFE COMMISSION--APPOINTMENT-- hTERM.-- g TERM.--[To carry out the purpose of Chapter 17 NMSA 1978 and o t hr all other acts for like purpose] g e i k A.
There is created a "state [game] wildlife h r i s h commission" of seven voting members, [notall more than four of , t, e u g whom shall bepossess ofknowledge theSB same5 politicalPage party2 at the time of theirwildlife, ehunting band lfishing eand ebe hNew appointment.Mexico residents.
The members of the commission shall be appointed n d d i = = o h l ] b ,d by the governor with the advice and consent of the senate.
The i a º e r i = r term of office for each member of the commission shall be four t e w d m a n o d m :
b e d s º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 11 - e a n e d r e l u [ A d 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.
In making appointments to the state game commission, one member shall be appointed from each of the following districts:
A.
district one:
Curry, De Baca, Roosevelt, Chaves, Lincoln, Otero, Eddy and Lea counties;
B.
district two:
Catron, Socorro, Grant, Hidalgo, Luna, Sierra and Dona Ana counties;
C.
district three:
San Juan, McKinley, Cibola, Valencia, Sandoval, Los Alamos and Rio Arriba counties;
D.
district four:
Santa Fe, Taos, Colfax, Union, Mora, Harding, Quay, San Miguel, Guadalupe and Torrance counties;
and E.
district five:
Bernalillo county.
The h g remaining two members shall be appointed at-large.
At least o t hr one member of the commission shall manage and operate a farm or g e i k ranch that contains at least two species of wildlife on that h r i s h part which is deeded land requiring licensing prior to legal , t, e u g pursuit under the provisions of Section 17-3-2 NMSA 1978.
At e b l e e h least one member shall have a demonstrated history of n d d i = = o h l ] b ,d involvement in wildlife and habitat protection issues and whose i a º e r i = r activities or occupation are not in conflict with wildlife and t e w d m a n o d m :
b e d s º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 12 - e a n e d r e l u [ A d habitat advocacy.
The state game commission as provided in Chapter 17 NMSA 1978 shall have the same authority, powers and duties as now vested in the state game commission by law and each member of the state game commission shall serve until his successor has been appointed and qualified] all of whom shall possess knowledge of wildlife, hunting and fishing and be New Mexico residents.
Three at-large members of the commission shall hold positions one, two and three, with no more than one member residing in any one county and with no more than two members h affiliated with the same political party;
provided that at u » r t h least one member shall be a member of a federally recognized g e l i Indian nation, tribe or pueblo in New Mexico.
h r i s C.
Four members of the commission shall hold h , e h t u g positions four, five, six and seven, with no more than one e b l e e , gh member residing in any one county and with no more than two n d d i = = o h l ] b ,d members affiliated with the same political party, as follows:
i(1) position four, a ºrancher ror efarmer rwho =actively (1)works positionat four,growing and selling livestock or crops from a rancherranch or farmerfarm whowhere tat eleast wtwo dbig mgame aspecies, nas odefined dby mand :for which hunting is licensed by the department, are frequently present;
b(2) rposition efive, ta ºconservationist owho tfor nthe =previous .228949.4AICfour Marchyears 7,has 2025been (9:28am)an semployee, k m e - 13 - e a nmember eof dthe rSB e5 lPage u3 [board Aor da activelymember worksof atan growingestablished andadvisory sellingcommittee livestockof or crops from a ranchnonprofit wildlife or farmhabitat whereconservation atorganization, leastthe twoprimary bigfocus gameof species, as defined by and for which hunting is licensednot bygame thespecies; department, are frequently present;
(2) position five, a conservationist who for the previous four years has been an employee, a member of the board or a member of an established advisory committee of a nonprofit wildlife or habitat conservation organization, the primary focus of which is not game species;
and (4) position seven, a scientist who holds at least a master's degree in wildlife biology, conservation biology, fisheries science or management, wildlife science or h management or a comparable wildlife field.
u » r t h D.
Except for the initial appointments as provided g e l i in Section 12 of this 2025 act, the term of office for each h r i s member of the commission shall be six years.
h , e h t u g E.
A commissioner shall serve for no more than two e b l e e , gh terms after January 1, 2027.
A partial term shall be counted n d d i = = o h l ] b ,d as one full term, unless the partial term is less than one full i a º r e r = year.
tF. e w d m a n o d m :
b r e t º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 14 - e a n e d r e l u [ A d F.
SB 5 Page 4 G.
The state ethics commission may bring an action in district court for the removal of a commissioner upon the state ethics commission's information or upon the complaint of a person with knowledge of h a commissioner's alleged incompetence, neglect of duty or u » r t h malfeasance in office.
The state ethics commission may also g e l i bring an action in district court to enforce the provisions of h r i s Subsection F of this section or determine whether a position of h , e h t u g the commission has become vacant pursuant to Subsection F of e b l e e , gh this section.
A final decision by a district court in an n d d i = = o h l ] b ,d action brought pursuant to Subsections G or F of this section i a º r e r = may be appealed directly to the supreme court.
tH. e w d m a n o d m :
b r e t º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 15 - e a n e d r e l u [ A d H.
provided that a person who changed party affiliation for the purpose of voting in a primary election pursuant to Section 1-4-5.7 NMSA 1978 and then changed party affiliation back to the status of that person's party affiliation immediately prior to the change SB 5 Page 5 within ninety days shall not be considered to have changed party affiliation for the purposes of this subsection.
h (3) the commissioner of public lands or the u » r t h commissioner's designee;
and g e l i (4) the secretary of Indian affairs or the h r i s secretary's designee."»HENRCdesignee." hSECTION ,3. e h t u g HENRCºSECTION SRCº4.»SRC SRCº3.»SRC A new Section e b l e e , gh 17-1-2.1 NMSA 1978 is enacted to read:
n d d i = = o h l ] b ,d "17-1-2.1.
[NEW MATERIAL] STATE WILDLIFE COMMISSION i a º r e r = NOMINATING COMMITTEE.-- t e w d m a n o d m :
b r e t º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 16 - e a n e d r e l u [ A d A.
The "state wildlife commission nominating committee" is created and consists of SCONCºseven»SCONC SCONCºnine»SCONC members, all of whom shall be New Mexico residents, as follows:
(1) four members appointed as follows:
one by the speaker of the house of representatives, one by the minority floor leader of the house of representatives, one by the president pro tempore of the senate and one by the minority floor leader of the senate;
(2) two members as follows:
the chair of the university of New Mexico's department of biology or the chair's designee and the chair of New Mexico state university's department of fish, wildlife and conservation ecology or the chair's designee;
SCONCºand»SCONC SCONCº(3) two members appointed by the governor who shall not be registered as members of the same h political party;
and»SCONC u » r t h SCONCº(3)»SCONC SCONCº(4)»SCONC one member g e l i appointed by the governor who shall represent an Indian nation, h r i s tribe or pueblo.
h , e h t u g B.
A committee member shall serve without e b l e e , gh compensation but shall be reimbursed for expenses incurred in n d d i = = o h l ] b ,d pursuit of the member's duties on the committee pursuant to the i a º r e r = Per Diem and Mileage Act.
t e w d m a n o d m :
b r e t º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 17 - e a n e d r e l u [ A d C.
The committee and individual members shall be subject to the Governmental Conduct Act, the Gift Act, the Inspection of Public Records Act, the Financial Disclosure Act and the Open Meetings Act.
D.
The committee shall select one member to be chair and one member to be secretary.
Administrative support shall be provided to the committee by the staff of the department.
E.
An appointed committee member may be removed by the person who holds the office that appointed that committee member.
A committee member shall serve until the committee member's resignation or removal by the appointing authority.
F.
The committee shall meet at least ninety days prior to the date on which the term of a state wildlife commissioner ends and as often as necessary thereafter in order to submit a list to the governor, at least thirty days prior to h the beginning of the new term, of a minimum of three qualified u » r t h nominees for each position of the commission.
The list shall g e l i be developed to provide geographical and political party h r i s diversity as appropriate to conform the makeup of the h , e h t u g commission to the geographical and political party requirements e b l e e , gh of Section 17-1-2 NMSA 1978.
n d d i = = o h l ] b ,d G.
Upon the occurrence of a vacancy in a state i a º r e r = wildlife commissioner position, the committee shall meet within t e w d m a n o d m :
b r e t º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 18 - e a n e d r e l u [ A d thirty days of the date of the beginning of the vacancy and as often as necessary thereafter in order to submit a list to the governor, within sixty days of the first meeting after the vacancy occurs, of no fewer than three qualified nominees for appointment to the commission to fill the remainder of the term of each commissioner position that is vacant.
The list shall be developed to provide geographical and political party diversity as appropriate to conform the makeup of the commission to the geographical and political party requirements pursuant to Section 17-1-2 NMSA 1978.
H.
The committee shall actively solicit, accept and evaluate applications from qualified individuals for a position on the commission and may require an applicant to submit any information that the committee deems relevant to the consideration of the individual's application.
I.
The committee shall select nominees for h submission to the governor who, in the committee's judgment, u » r t h are best qualified to serve as a member of the commission.
A g e l i person shall not be eligible for nomination to the commission h r i s while serving on the committee.
h , e h t u g J.
A majority vote of committee members at a e b l e e , gh meeting at which a quorum is present in favor of a person is n d d i = = o h l ] b ,d required for that person to be included on the list of i a º r e r = qualified nominees submitted to the governor.
t e w d m a n o d m :
b r e t º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 19 - e a n e d r e l u [ A d K.
The committee shall allow for public comment at a committee meeting during which the committee is considering a list of qualified nominees for appointment to the commission before the committee votes on the nominees."»HENRC HENRCºSECTION 3.
[NEW MATERIAL] STATE WILDLIFE COMMISSION NOMINATING COMMITTEE.-- A.
hSB 5 Page 6 (2) two members as follows:
the chair of the u » r t h university of New Mexico's department of biology or the chair's g e l i designee and the chair of New Mexico state university's h r i s department of fish, wildlife and conservation ecology or the h , e h t u g chair's designee;
e b l e e , gh (3) two members appointed by the governor who n d d i = = o h l ] b ,d shall not be registered as members of the same political party;
iand a(4) ºone rmember eappointed rby =the andgovernor twho eshall wrepresent dan mIndian anation, ntribe oor dpueblo. m :
b r e t º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 20 - e a n e d r e l u [ A d (4) one member appointed by the governor who shall represent an Indian nation, tribe or pueblo.
An appointed committee member may be removed by the person who holds the office that appointed that committee h g member.
A committee member shall serve until the committee oSB t5 hrPage 7 member's resignation or removal by the appointing authority.
g e i k F.
The committee shall meet at least ninety days h r i s h prior to the date on which the term of a state wildlife , t, e u g commissioner ends and as often as necessary thereafter in order e b l e e h to submit a list to the governor, at least thirty days prior to n d d i = = o h l ] b ,d the beginning of the new term, of a minimum of three qualified i a º e r i = r nominees for each position of the commission.
The list shall tbe edeveloped wto dprovide mgeographical aand npolitical oparty ddiversity mas :appropriate to conform the makeup of the commission to the geographical and political party requirements of Section 17-1-2 NMSA 1978.
b e d s º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 21 - e a n e d r e l u [ A d be developed to provide geographical and political party diversity as appropriate to conform the makeup of the commission to the geographical and political party requirements of Section 17-1-2 NMSA 1978.
h H.
The committee shall actively solicit, accept andSB u5 »Page r8 tand h evaluate applications from qualified individuals for a position g e l i on the commission and may require an applicant to submit any h r i s information that the committee deems relevant to the h , e h t u g consideration of the individual's application.
e b l e e , gh I.
The committee shall select nominees for n d d i = = o h l ] b ,d submission to the governor who, in the committee's judgment, i a º r e r = are best qualified to serve as a member of the commission.
A tperson eshall wnot dbe meligible afor nnomination oto dthe mcommission :while serving on the committee.
b r e t º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 22 - e a n e d r e l u [ A d person shall not be eligible for nomination to the commission while serving on the committee.
The committee shall allow for public comment at a committee meeting during which the committee is considering a list of qualified nominees for appointment to the commission before the committee votes on the nominees."»HENRCnominees." HENRCºSECTIONSECTION SRCº5.»SRC4. SRCº4.»SRC Section 17-1-26 NMSA 1978 (being Laws 1931, Chapter 117, Section 2, as amended) is amended to read:
Section 17-1-26 NMSA 1978 (being Laws 1931, Chapter 117, Section 2, as amended) is amended to read:
The [state game] commission is [hereby] authorized and directed to make [such] rules [and regulations h and establish such service] as it may deem necessary to carry u » r t h out [all] the provisions and purposes of [this act, and all g e l i other acts relating to game and fish, and in making such rules h r i s and regulations and in providing when] Chapter 17 NMSA 1978.
h , e h t u g B.
The rules may include, as applicable, when, e b l e e , gh where, by what means and to what extent, if at all, [and by n d d i = = o h l ] b ,d what means game animals, birds and fish] wildlife may be i a º r e r = hunted, taken, captured, killed, possessed, released, bartered, t e w d m a n o d m :
b r e t º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 23 - e a n e d r e l u [ A d sold, purchased, [and] shipped and imported into or exported from the state.
[game and fish] C.
In making rules, the commission SCONCºshall»SCONC SCONCºmay»SCONC [give due regard to the zones of temperatures and to the distribution, abundance, economic value and breeding habits of such game animals, birds and fish.
The state game 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] consider a species' population size and trends, migration patterns, availability of suitable habitat, response to changes in climate conditions, conservation actions necessary to sustain healthy populations and ecosystems SCONCº, sustainable food supply»SCONC and any other factors, natural or human-driven, that are judged to h affect the health of a species or a species' ecosystem."»HENRC u » r t h HENRCºSECTION 4.
Section 17-1-26 NMSA 1978 (being Laws g e l i 1931, Chapter 117, Section 2, as amended) is amended to read:
h r i s "17-1-26.
RULEMAKING POWER.-- h , e h t u g A.
The [state game] commission is [hereby] e b l e e , gh authorized and directed to make [such] rules [and regulations n d d i = = o h l ] b ,d and establish such service] as it may deem necessary to carry i a º r e r = out [all] the provisions and purposes of [this act, and all t e w d m a n o d m :
b r e t º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 24 - e a n e d r e l u [ A d other acts relating to game and fish, and in making such rules and regulations and in providing when] Chapter 17 NMSA 1978.
The rules may include, as applicable, when, where, by what means and to what extent, if at all, [andwildlife bySB what5 meansPage game9 animals, birds and fish] wildlife may be hunted, taken, captured, killed, possessed, released, bartered, sold, purchased, [and] shipped and imported into or exported from the state.
[game and fish] C.
In making rules, the commission [shall give due regard to the zones of temperatures and to the distribution, abundance, economic value and breeding habits of such game animals, birds and fish.
The state game 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] may consider a species' h population size and trends, migration patterns, availability of u » r t h suitable habitat, response to changes in climate conditions, g e l i conservation actions necessary to sustain healthy populations h r i s and ecosystems, sustainable food supply and any other factors, h , e h t u g natural or human-driven, that are judged to affect the health e b l e e , gh of a species or a species' ecosystem."»HENRC n d d i = = o h l ] b ,d HENRCºSECTION SRCº6.»SRC SRCº5.»SRC A new section of i a º r e r = the Wildlife Conservation Act is enacted to read:
t e w d m a n o d m :
b r e t º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 25 - e a n e d r e l u [ A d "[NEW MATERIAL] WILDLIFE TO BE PROTECTED--MANAGEMENT.-- A.
In addition to species defined as protected in Chapter 17 NMSA 1978, the commission is authorized to extend management and protection by rule SCONCºor policy»SCONC to any species of wildlife.
B.
When determining whether and how to protect a species of wildlife, the commission SCONCºSRCºshall»SRC SRCºmay»SRC»SCONC SCONCºshall»SCONC consider:
(1) whether the species qualifies as a species of greatest conservation need;
(2) the science-based reasons for protection of a species;
and (3) the rules and management programs that would potentially accompany protected status.
TheIn departmentmaking isrules, notthe requiredcommission may consider a species' population size and trends, migration patterns, availability of suitable habitat, response to respondchanges in climate conditions, conservation actions necessary to wildlifesustain nuisancehealthy incidentspopulations asand prescribedecosystems, bysustainable Sectionfood 17-2-7.2supply hand gany NMSAother 1978factors, unless:natural or human-driven, that are judged to affect the health of a species or a species' ecosystem." SECTION 5.
o t hr (1) the department was required to do so for g e i k species listed as protected in statute prior to July 1, 2026;
h r i s h or , t, e u g (2) in its own discretion, the commission e b l e e h adopts a rule SCONCºor policy»SCONC directing the department n d d i = = o h l ] b ,d to do so.
i a º e r i = r D.
As used in this section, "wildlife" means a t e w d m a n o d m :
b e d s º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 26 - e a n e d r e l u [ A d nondomestic mammal, bird, reptile, amphibian, fish or invertebrate species, including a living animal, or any part, egg, spawn, offspring or the dead body or parts thereof."»HENRC HENRCºSECTION 5.
"[NEW"WILDLIFE MATERIAL] WILDLIFE TO BE PROTECTED--MANAGEMENT.-- A.
and (3) the rules and management programs that h g would potentially accompany protected status.
oSB t5 hrPage 10 C.
The department is not required to respond to g e i k wildlife nuisance incidents as prescribed by Section 17-2-7.2 h r i s h NMSA 1978 unless:
, t, e u g (1) the department was required to do so for e b l e e h species listed as protected in statute prior to July 1, 2026;
n d d i = = o h l ] b ,d or i a º e r i = r (2) in its own discretion, the commission tadopts ea wrule ddirecting mthe adepartment nto odo dso. m :
b e d s º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 27 - e a n e d r e l u [ A d adopts a rule directing the department to do so.
As used in this section, "wildlife" means a nondomestic mammal, bird, reptile, amphibian, fish or invertebrate species, including a living animal, or any part, egg, spawn, offspring or the dead body or parts thereof."»HENRCthereof." HENRCºSECTIONSECTION SRCº7.»SRC6. SRCº6.»SRC A new section of the Wildlife Conservation Act is enacted to read:
"[NEWA MATERIAL]new SPECIESsection OFof GREATESTthe CONSERVATIONWildlife NEED--Conservation DEFINITION--DATAAct COLLECTION.--is A.enacted to read:
"SPECIES OF GREATEST CONSERVATION NEED--DEFINITION--DATA COLLECTION.-- A.
The department shall annually publish on the department's website data collected on species of greatest conservation need and the use of state and federal funds for h the support and recovery of species of greatest conservation uneed." »SB r5 tPage h11 need."»HENRCSECTION g7. e l i HENRCºSECTION 6.
ASection new17-2-38 sectionNMSA of1978 the(being WildlifeLaws h1974, rChapter i83, sSection Conservation2, Actas amended) is enactedamended to read:
h , e h t u g "[NEW MATERIAL] SPECIES OF GREATEST CONSERVATION NEED-- e b l e e , gh DEFINITION--DATA COLLECTION.-- n d d i = = o h l ] b ,d A.
For the purposes of Chapter 17 NMSA 1978, i a º r e r = "species of greatest conservation need" means species as t e w d m a n o d m :
b r e t º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 28 - e a n e d r e l u [ A d identified and updated by the department in an assessment of the state's wildlife and habitat.
B.
The department shall annually publish on the department's website data collected on species of greatest conservation need and the use of state and federal funds for the support and recovery of species of greatest conservation need."»HENRC HENRCºSECTION SRCº8.»SRC SRCº7.»SRC Section 17-2-38 NMSA 1978 (being Laws 1974, Chapter 83, Section 2, as amended) is amended to read:
"commission" means the state [game] wildlife commission;
"director" means the director of the department of [game and fish] wildlife;
h g C.
"ecosystem" means a system of living organisms o t hr and their environment;
g e i k D.
"endangered species" means any species of fish h r i s h or wildlife whose prospects of survival or recruitment within , t, e u g the state are in jeopardy due to any of the following factors:
e b l e e h (1) the present or threatened destruction, n d d i = = o h l ] b ,d modification or curtailment of its habitat;
i a º e r i = r (2) overutilization for scientific, commercial t e w d m a n o d m :
b e d s º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 29 - e a n e d r e l u [ A d 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 federal Endangered Species Act of 1973 as endangered species;
provided that the commission adopts those lists in whole or in part.
The term [shall] does not include any species covered by the provisions of 16 U.S.C.
1331 through 1340 (1971) [and shall not include] or 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 h overriding risk to [man] humans;
u » r t h E.
"investigation" means a process pursuant to g e l i Subsections B through L of Section 17-2-40 NMSA 1978 undertaken h r i s whenever the director [suspects] believes that a species may be h , e h t u g threatened or endangered and [which] that consists of a formal e b l e e , gh review of existing data and studies and may include additional n d d i = = o h l ] b ,d field research to determine whether a species is threatened or i a º r e r = endangered;
t e w d m a n o d m :
b r e t º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 30 - e a n e d r e l u [ A d 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 H.
"recovery plan" means a designated program or u » r t h methodology reasonably expected to lead to restoration and g e l i maintenance of a species and its habitat;
h r i s I.
"peer review panel" means an advisory panel of h , e h t u g scientists, each of whom possesses expertise relevant to the e b l e e , gh proposed investigation and at least one of whom is a wildlife n d d i = = o h l ] b ,d biologist, convened to review the scientific methodology for i a º r e r = collection and analysis of data by a researcher based on t e w d m a n o d m :
b r e t º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 31 - e a n e d r e l u [ A d 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 federal 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] a nondomestic mammal, h bird, reptile, amphibian, fish [mollusk or crustacean] or g o invertebrate species, including a living animal, or any part, t hr g e egg, spawn, [or] offspring or the dead body or parts i k h r i s thereof."»HENRC h , t, HENRCºSECTION 7.
Section 17-2-38 NMSA 1978 (being Laws e u g e b l 1974, Chapter 83, Section 2, as amended) is amended to read:
e e h n d d i = = o h "17-2-38.
DEFINITIONS.--As used in the Wildlife l ] b ,d i a º e Conservation Act:
r i = r t e w d A.
"commission" means the state [game] wildlife m a n o d m :
b e d s º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 32 - e a n e d r e l u [ A d commission;
B.
"director" means the director of the department of [game and fish] wildlife;
h The term may also include any species of fish or wildlifeSB g5 oPage 12 wildlife appearing on the United States list of endangered native and t hr g e foreign fish and wildlife as set forth in Section 4 of the i k h r i s federal Endangered Species Act of 1973 as endangered species;
h , t, provided that the commission adopts those lists in whole or in e u g e b l part.
The term [shall] does not include any species covered by e e h n d d i = = o h the provisions of 16 U.S.C.
1331 through 1340 (1971) [and shall l ] b ,d i a º e not include] or any species of the class insecta determined by r i = r t e w d the director to constitute a pest whose protection under the mWildlife aConservation nAct owould dpresent man :overwhelming and overriding risk to humans;
b e d s º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 33 - e a n e d r e l u [ A d Wildlife Conservation Act would present an overwhelming and overriding risk to [man] humans;
"investigation" means a process pursuant to Subsections B through L of Section 17-2-40 NMSA 1978 undertaken whenever the director [suspects] believes 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;
"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 SB 5 Page 13 the carrying capacity of their habitat.
The term includes the h u » r entire range of activities that constitutes a full scientific t h g e resource programprogram, [of], including [but not limited to] research, l i h r census, law enforcement, propagation, acquisition or i s h , e h maintenance of land or aquatic habitat interests appropriate t u g e b l for recovery of the species;
improvement and maintenance, e e , gh n d d i education and related activities;
[or] and protection and = = o h l ] b ,d i a º r regulated taking;
e r = t e w d H.
"recovery plan" means a designated program or mmethodology areasonably nexpected oto dlead mto :restoration and maintenance of a species and its habitat;
b r e t º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 34 - e a n e d r e l u [ A d methodology reasonably expected to lead to restoration and maintenance of a species and its habitat;
"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 SB 5 Page 14 in New Mexico;
the term may also include any species of fish or h u » r wildlife appearing on the United States list of endangered t h g e native and foreign fish and wildlife as set forth in Section 4 l i h r of the federal Endangered Species Act of 1973 as threatened i s h , e h species;
provided that the commission adopts the list in whole t u g e b l or in part;
and e e , gh n d d i N.
"wildlife" means [any] a nondomestic mammal, = = o h l ] b ,d i a º r bird, reptile, amphibian, fish [mollusk or crustacean] or e r = t e w d invertebrate species, including a living animal, or any part, megg, aspawn, noffspring oor dthe mdead :body or parts thereof." SECTION 8.
b r e t º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 35 - e a n e d r e l u [ A d egg, spawn, [or] offspring or the dead body or parts thereof."»HENRC HENRCºSFCºSECTION 8.
(3) "deer" entitles the licensee to hunt SB 5 Page 15 deer during the open season;
h (4) "antelope" entitles the licensee to hunt g o antelope during the open season;
t hr g e (5) "elk" entitles the licensee to hunt elk i k h r i s during the open season;
h , t, (6) "bighorn sheep" entitles the licensee to e u g e b l hunt bighorn sheep during the open season;
e e h n d d i = = o h (7) "Barbary sheep" entitles the licensee to l ] b ,d i a º e hunt Barbary sheep during the open season;
r i = r t e w d (8) "javelina" entitles the licensee to hunt mjavelina aduring nthe oopen dseason; m :
b e d s º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 36 - e a n e d r e l u [ A d javelina during the open season;
(15) "turkey" entitles the licensee to hunt SB 5 Page 16 turkey during the open season;
(16) "special season turkey" entitles the h licensee to hunt turkey during special seasons designated by g o the state [game] wildlife commission;
t hr g e (17) "quality elk" entitles the licensee to i k h r i s hunt elk during a special quality elk season, to be established h , t, by the state [game] wildlife commission, when the timing of the e u g e b l season and hunter density is specially regulated and the elk e e h n d d i = = o h population is managed with an intent to provide the licensee an l ] b ,d i a º e increased opportunity to take a mature elk;
r(18) i"quality =deer" rentitles tthe elicensee wto dhunt (18)deer "qualityduring deer"a entitlesspecial quality deer season, to be established by the licenseestate wildlife commission, when the timing of the season and hunter density is specially regulated and the deer population is managed with an intent to mprovide athe nlicensee oan dincreased mopportunity :to take a mature deer;
b e d s º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 37 - e a n e d r e l u [ A d 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;
[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 SB 5 Page 17 season for each;
h u » r B.
A hunting license does not entitle the licensee t h g e to hunt, kill or take game animals or birds within or upon a l i h r park or enclosure licensed or posted as provided by law or i s h , e h within or upon a privately owned enclosure without consent of t u g e b l the owner or within or upon a game refuge or game management e e , gh n d d i area.
= = o h l ] b ,d i a º r C.
A fishing license does not entitle the licensee e r = t e w d to fish for or take fish within or upon a park or enclosure mlicensed or posted as provided by law or within or upon a nprivately oowned denclosure mwithout :consent of the owner or in or on closed waters.
b r e t º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 38 - e a n e d r e l u [ A d 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.
A nonresident junior fishing license may be SB 5 Page 18 purchased by a nonresident who has reached the age of twelve years but has not reached the age of eighteen years.
h G.
A senior game hunting license may be purchased g o by a resident who has reached the age of sixty-five years.
A t hr g e senior game hunting license entitles the licensee to hunt for i k h r i s squirrel and game birds, other than wild turkey, during the h , t, open seasons for each species and to apply for or purchase a e u g e b l license to hunt for deer, antelope, elk, bighorn sheep, Barbary e e h n d d i = = o h sheep, javelina, bear, oryx, ibex, cougar and wild turkey.
l ] b ,d i a º e H.
A junior, resident or nonresident, game hunting r i = r t e w d license may be purchased by a person who has not reached the mage aof neighteen oyears. d m :
b e d s º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 39 - e a n e d r e l u [ A d age of eighteen years.
A handicappeddisabled 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 handicappeddisabled fishing license may be SB 5 Page 19 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] commission.
A handicappeddisabled fishing license entitles the licensee to fish for game fish during the open season for each species.
A handicappeddisabled game hunting license may be h u » r purchased by a resident who has a severe physical impairment t h g e that substantially limits one or more major life activities and l i h r who can furnish adequate proof of this disability to the state i s h , e h [game] wildlife commission.
A handicappeddisabled game hunting license t u g e b l entitles the licensee to hunt for squirrel and game birds, e e , gh n d d i other than wild turkey, during the open season for each species = = o h l ] b ,d i a º r and to apply for or purchase a license to hunt for deer, e r = t e w d antelope, elk, bighorn sheep, Barbary sheep, javelina, bear, moryx, aibex, ncougar oand dwild mturkey. :
b r e t º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 40 - e a n e d r e l u [ A d oryx, ibex, cougar and wild turkey.
A SB 5 Page 20 junior-senior elk license entitles the licensee to hunt for elk during the open season for that species.
h O.
A junior or senior fishing and game hunting g o combination license may be purchased by a resident who is t hr g e younger than eighteen years or older than sixty-five years.
A i k h r i s junior or senior fishing and game hunting combination license h , t, entitles the licensee to fish for game fish or hunt for e u g e b l squirrel and game birds, other than wild turkey, during the e e h n d d i = = o h open seasons for each species and to apply for or purchase a l ] b ,d i a º e license to hunt for deer, antelope, elk, bighorn sheep, Barbary r i = r t e w d sheep, javelina, bear, oryx, ibex, cougar and wild turkey.
m a n o d m :
b e d s º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 41 - e a n e d r e l u [ A d 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 9.
Section 17-3-7 NMSA 1978 (being Laws 1912, Chapter 85, Section 48, as amended) is amended to read:
"17-3-7.
BLANK FORMS--LICENSE ISSUED ONLY ON APPLICATION--FALSE STATEMENT VOIDS LICENSE--RECORDS--REPORTS-- ACCOUNTING FOR FEES COLLECTED--REFUND OF FEES--TRANSFER OF HUNTING LICENSE.-- A.
The director of the department of [game and fish] wildlife shall prescribe and procure the printing of all forms and blanks that may be required to carry out the intent of Chapter 17 NMSA 1978.
All necessary blanks shall be h furnished by the director to the license collectors.
No g o license shall be issued except as provided in Section 17-3-5 t hr g e NMSA 1978.
Any false statement in any application shall render i k h r i s the license issued void.
h , t, B.
A license collector shall keep a correct and e u g e b l complete record of licenses issued, which record shall remain e e h n d d i = = o h in the license collector's office and be open to inspection by l ] b ,d i a º e the public at all times.
r i = r t e w d C.
A license collector may collect and retain a m a n o d m :
b e d s º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 42 - e a n e d r e l u [ A d vendor fee for each license or permit issued;
provided that the fee shall be just and reasonable, as determined by regulation of the state [game] wildlife commission, and shall not exceed [one dollar ($1.00)] vendor costs for each license or permit issued;
and provided further that no such fee shall be collected by the department of [game and fish] wildlife from the purchaser of a special license.
"Special license" includes those licenses for the following species:
antelope, elk, Barbary sheep, bighorn sheep, bison, oryx, ibex [gazelle] and javelina.
D.
A license collector shall remit to the director of the department of [game and fish] wildlife the statutory fee of all licenses and permits sold on or before the tenth day of the month following and shall by the same time report the number and kind of licenses issued.
E.
Except as provided in Section 17-1-14 NMSA 1978, the director of the department of [game and fish] wildlife shall turn over all money so received to the state treasurer to h u » r be credited to the game protection fund.
t h g e F.
The director of the department of [game and l i h r fish] wildlife, in the director's sole discretion, may i s h , e h authorize a refund of the amount of a hunting license fee from t u g e b l the game and fish suspense fund if:
e e , gh n d d i (1) upon written application by the licensee, = = o h l ] b ,d i a º r prior to the time of the hunt for which the license has been e r = t e w d issued, the director finds that:
m a n o d m :
b r e t º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 43 - e a n e d r e l u [ A d (a) the licensee has a disability, due to a verified injury or life-threatening illness, that prohibits the licensee from hunting during the period that the license is valid;
or (b) the licensee has been deployed by the military and the deployment prevents the licensee from traveling to the hunt during the period that the license is valid;
(2) upon written application by a personal representative of a licensee's estate, the director finds that the licensee died prior to the time of the hunt for which the license was issued;
or (3) the director cancels a hunt due to forest fire or other natural disaster.
G.
The director of the department of [game and fish] wildlife, in the director's sole discretion, may authorize a transfer of a hunting license:
h (1) to the licensee's designee if, upon g o written application by the licensee, prior to the time of the t hr g e hunt for which the license has been issued, the director finds i k h r i s that:
h , t, (a) the licensee has a disability, due e u g e b l to a verified injury or life-threatening illness, that e e h n d d i = = o h prohibits the licensee from hunting during the period that the l ] b ,d i a º e license is valid;
or r i = r t e w d (b) the licensee has been deployed by m a n o d m :
b e d s º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 44 - e a n e d r e l u [ A d the military and the deployment prevents the licensee from traveling to the hunt during the period that the license is valid;
(2) to the designee of the licensee's estate if, upon written application by the personal representative of the licensee's estate, the director finds that the licensee died prior to the time of the hunt for which the license was issued;
or (3) upon written application by a licensee, to a nonprofit organization approved by the state [game] wildlife commission.
H.
The state [game] wildlife commission may prescribe, by rule, the documentation necessary for a finding pursuant to Subsection F or G of this section."»SFC»HENRC HENRCºSECTION 8.
Section 17-3-2 NMSA 1978 (being Laws (1st S.S.), Chapter 17, Section 2, as amended) is amended to read:
h "17-3-2.
CLASSES OF LICENSES.-- g o A.
As used with reference to licenses in Chapter 17 t hr g e NMSA 1978:
i k h r i s (1) "fishing" entitles the licensee to fish h , t, for game fish during the open seasons for each species;
e u g e b l (2) "game hunting" entitles the licensee to e e h n d d i = = o h hunt game birds, other than wild turkey, and squirrel during l ] b ,d i a º e the open seasons for each and to apply for or purchase a r i = r t e w d license to hunt for deer, antelope, elk, bighorn sheep, Barbary m a n o d m :
b e d s º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 45 - e a n e d r e l u [ A d 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;
h (11) "temporary fishing" entitles the licensee g o to fish for game fish during a specific period of time t hr g e indicated on the license;
i k h r i s (12) "oryx" entitles the licensee to hunt oryx h , t, during the open season;
e u g e b l (13) "ibex" entitles the licensee to hunt ibex e e h n d d i = = o h during the open season;
l ] b ,d i a º e (14) "cougar" entitles the licensee to hunt r i = r t e w d cougar during the open season;
m a n o d m :
b e d s º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 46 - e a n e d r e l u [ A d (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;
h (19) "temporary game hunting" entitles the g o licensee to hunt game birds, except wild turkey, and squirrel t hr g e during a specific period of time indicated on the license;
i k h r i s (20) "second rod" entitles the licensee to h , t, fish using two fishing rods to fish for game fish during the e u g e b l open seasons for each species;
[and] e e h n d d i = = o h (21) "fishing and game hunting combination" l ] b ,d i a º e entitles the licensee to hunt squirrel and game birds, other r i = r t e w d than wild turkey, and to fish for game fish during the open m a n o d m :
b e d s º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 47 - e a n e d r e l u [ A d season for each;
and (22) "shed hunter license" entitles the licensee to shed hunting;
provided that a shed hunter license shall not be required for shed hunting by a resident.
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 h reached the age of eighteen years.
A junior fishing license g o entitles the licensee to fish for game fish during the open t hr g e season for each species.
i k h r i s E.
A senior fishing license may be purchased by a h , t, resident who has reached the age of sixty-five years.
A senior e u g e b l fishing license entitles the licensee to fish for game fish e e h n d d i = = o h during the open season for each species.
l ] b ,d i a º e F.
A nonresident junior fishing license may be r i = r t e w d purchased by a nonresident who has reached the age of twelve m a n o d m :
b e d s º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 48 - e a n e d r e l u [ A d 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, h cougar and wild turkey.
g o I.
A [handicapped] disabled fishing license may be t hr g e purchased by a resident who has a severe physical impairment i k h r i s that substantially limits one or more major life activities and h , t, who can furnish adequate proof of this disability to the state e u g e b l [game] wildlife commission.
A [handicapped] disabled fishing e e h n d d i = = o h license may be purchased by a resident who has a developmental l ] b ,d i a º e disability as defined in Subsection H of Section 43-1-3 NMSA r i = r t e w d 1978 and who can furnish adequate proof of this disability to m a n o d m :
b e d s º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 49 - e a n e d r e l u [ A d the [state game] commission.
A [handicapped] disabled fishing license entitles the licensee to fish for game fish during the open season for each species.
J.
A [handicapped] disabled 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] disabled 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 h either a resident or nonresident.
A second rod validation g o entitles the licensee to fish using two rods for game fish t hr g e during the open season for each species.
i k h r i s M.
A junior-senior elk license may be purchased by h , t, a resident who has not reached the age of eighteen years or by e u g e b l a resident who has reached the age of sixty-five years.
A e e h n d d i = = o h junior-senior elk license entitles the licensee to hunt for elk l ] b ,d i a º e during the open season for that species.
r i = r t e w d N.
A junior-senior deer license may be purchased by m a n o d m :
b e d s º o t n = .228949.4AIC March 7, 2025 (9:28am) s k m e - 50 - e a n e d r e l u [ A d 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.
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 h u » r stamp purchase upon valid proof of service as determined by the t h g e state [game] wildlife commission." l i h r SECTION 9.
Section 17-3-7 NMSA 1978 (being Laws 1912, iSB s5 hPage ,21 e h Chapter 85, Section 48, as amended) is amended to read:
t u g e b l "17-3-7.
BLANK FORMS--LICENSE ISSUED ONLY ON e e , gh n d d i APPLICATION--FALSE STATEMENT VOIDS LICENSE--RECORDS--REPORTS--LICENSE--RECORDS-- =REPORTS--ACCOUNTING = o h l ] b ,d i a º r ACCOUNTING FOR FEES COLLECTED--REFUND OF FEES--TRANSFERFEES-- TRANSFER OF e r = t e w d HUNTING LICENSE.-- mA. a n o d m :
bThe rdirector eof tthe ºdepartment oof twildlife nshall =prescribe .228949.4AICand Marchprocure 7,the 2025printing (9:28am)of sall kforms mand eblanks -that 51may -be erequired ato ncarry eout dthe rintent eof lChapter u17 [NMSA A1978. d A.
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View plain text versions (3)
- Final Version View text Current pdf
- Amended Amendments in Context pdf
- Introduced introduced version pdf
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
The bill reforms the state game commission appointment process, renames the relevant departments and commission, and establishes term limits for commissioners while expanding wildlife management mandates.
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Section 17-1-1
"commission" or "state game commission"→ "state wildlife commission"Renames the 'state game commission' to 'state wildlife commission'.
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Section 17-1-1
"department" or "department of game and fish"→ "department of wildlife"Renames the 'department of game and fish' to 'department of wildlife'.
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Section 17-1-2
"state game commission"→ "state wildlife commission"Changes references from 'state game commission' to 'state wildlife commission' in the appointment process.
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Section 17-1-2
seven voting members, all of whom shall possess knowledge of wildlife, hunting and fishing and be New Mexico residents.→ seven voting members, all of whom shall possess knowledge of wildlife, hunting and fishing and be New Mexico residents.Establishes specific qualifications for commission members, including knowledge of wildlife and residency.
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Section 17-1-2
the term of office for each member of the commission shall be six years.→ the term of office for each member of the commission shall be six years.Sets a six-year term for each commissioner.
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Section 17-1-2
A commissioner shall serve for no more than two terms after January 1, 2027.→ A commissioner shall serve for no more than two terms after January 1, 2027.Imposes term limits of two terms for commissioners.
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Section 17-1-2
when a commissioner dies, resigns or no longer meets the qualifications required for the commissioner's original appointment...→ When a commissioner dies, resigns or no longer meets the qualifications required...Defines vacancies on the commission and outlines the appointment process for successors.
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Section 17-1-2
that position on the commission becomes vacant.→ that position on the commission becomes vacant.Clarifies conditions under which a commission position becomes vacant.
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Section 17-1-2
The governor shall appoint a successor...→ The governor shall appoint a successor for the remainder of the term from a list of qualified nominees...Establishes a process for the governor to appoint a successor for vacant commission positions.
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Section 17-1-2
Except when the position of commissioner becomes vacant...→ Except when the position of commissioner becomes vacant pursuant to Subsection F of this section...Specifies the conditions under which a commissioner can be removed.
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Section 17-1-2
A person shall not be eligible to be appointed as a commissioner if the person changed party affiliation...→ A person shall not be eligible to be appointed as a commissioner if the person changed party affiliation during the previous four years...Imposes restrictions regarding party affiliation for commissioner eligibility.
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Section 17-1-2.1
The "state wildlife commission nominating committee" is created and consists of nine members...
Establishes a new nominating committee for the state wildlife commission.
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Section 17-1-2.1
The committee shall meet at least ninety days prior to the date on which the term of a state wildlife commissioner ends...
Sets meeting requirements for the nominating committee to ensure timely nominations.
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Section 17-1-2.1
The committee shall actively solicit, accept and evaluate applications from qualified individuals for a position on the commission...
Requires the nominating committee to solicit qualified applications for commissioner positions.
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Section 17-1-2.1
A majority vote of committee members at a meeting at which a quorum is present in favor of a person is required for that person to be included on the list...
Establishes voting requirements for the nominating committee to select candidates.
Action History
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Signed
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Senate concurred in House amendments
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passed House
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DO PASS, as amended, committee report adopted
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Sent to House Energy, Environment and Natural Resources Committee
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passed Senate
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floor substitute adopted (1 amendment)
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DO PASS, as amended, committee report adopted
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DO PASS, as amended, committee report adopted
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DO PASS, as amended, committee report adopted
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Sent to Senate Rules Committee & Senate Conservation Committee & Senate Finance Committee
Sponsors
- Nathan P. Small · Primary
- Crystal Brantley · Primary
- Matthew McQueen · Primary
- Peter Wirth · Primary
- Pete Campos · Primary
Sponsorship breakdown
Export CSV (upgrade) →5 sponsors · 0 co-sponsors · 107 not signed on
Sponsors (5)
- Nathan P. Small Democrat
- Crystal Brantley Republican
- Matthew McQueen Democrat
- Peter Wirth Democrat
- Pete Campos Democrat
Co-sponsors (0)
None.
Not signed on (107)
107 members have not signed on to this bill.
Show all 107 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors SB 5?
- SB 5 is sponsored by Nathan P. Small (Democrat), Crystal Brantley (Republican), Matthew McQueen (Democrat), Peter Wirth (Democrat), and Pete Campos (Democrat).
- What is the current status of SB 5?
- This bill has been enacted into law. Introduced January 21, 2025. Enacted.
- Where can I track SB 5?
- Track SB 5 free on One Click Politics — get push/email alerts when it moves.
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