SB 32 — WILDLIFE CONSERVATION & PUBLIC SAFETY ACT

SENATEAN BILLACT 32RELATING 55THTO LEGISLATUREWILDLIFE; - STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED BY Roberto "Bobby" J.

GonzalesENACTING andTHE BrendaWILDLIFE McKennaCONSERVATION andAND MatthewPUBLIC McQueenSAFETY andACT; Christine Chandler 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.

ThePROVIDING documentFOR isRESTRICTIONS aON toolTHE toUSE showOF amendmentsTRAPS, inSNARES contextAND andPOISONS; cannot be used for the purpose of adding amendments to legislation.

AN ACT h RELATING TO WILDLIFE;

ENACTING THE WILDLIFE CONSERVATION AND g o PUBLIC SAFETY ACT;

PROVIDING FOR RESTRICTIONS ON THE USE OF t hr g e i k TRAPS, SNARES AND POISONS;

h6 r i s h , t, BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

e u g e b l e e h SECTION 1.

A new Section 17-11-1 NMSA 1978 is enacted to n d d i = = o h read:

l ] b ,d i a º e "17-11-1.

[NEW MATERIAL ] SHORT TITLE.--Chapter 17, r i = r t e w d m a n o Article 11 NMSA 1978 may be cited as the "Wildlife Conservation dand mPublic :Safety Act"." SECTION 2.

b e d s º o t n = .218833.2AIC March 10, 2021 (3:01pm) s k m e e a n e d r e l u [ A d and Public Safety Act"." SECTION 2.

[NEW MATERIAL ] DEFINITIONS.--As used in the Wildlife Conservation and Public Safety Act:

"cage trap" means a trap that captures a live animal but does not grip an animal's body or body part and is not intended to kill the animal, including a live trap, a cage or box trap, a colony trap, a net and a suitcase-type live beaver traptrap, SJCº , but does not include a corral»SJCcorral; ;

SB 32 Page 1 C.

"department" means the department of game and h fish;

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"depredation trapping" means the act of setting g e i k traps, snares or poisons on public land to reduce or prevent h r i s damage caused by wildlife to property or waterways, including h , t, harvested and stored crops and livestock;

e u g e b l e e h E.

"domestic animal" means any animal that is bred n d d i = = o h for and is typically subject to human control;

l ] b ,d i a º e F.

"ecosystem management" means actions that are rnecessary ito =maintain ror tincrease ethe wlong-term dsustainability mand aintegrity nof oan necessaryentire tosystem maintainof orliving increasewildlife and their environment, including the long-termrestoration sustainabilityand dconservation mof :wildlife populations and habitat, wildlife relocation, medical treatment of wildlife and the protection of threatened or endangered species;

b e d s º o t n = .218833.2AIC March 10, 2021 (3:01pm) s k m e - 2 - e a n e d r e l u [ A d and integrity of an entire system of living wildlife and their environment, including the restoration and conservation of wildlife populations and habitat, wildlife relocation, medical treatment of wildlife and the protection of threatened or endangered species;

"leghold trap" means a spring-actuated device, SB 32 Page 2 either padded or unpadded, designed to capture an animal by the h foot, leg or other limb, including a steel-jawed leghold trap, u » r a padded-jaw leghold trap, a foot-hold trap, an egg trap, a t h g e l i duffer trap and all other similar traps;

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"lethal body-gripping trap" means a rotating jaw h , e h trap designed to capture an animal by the body that is intended t u g e b l e e , gh to fatally crush or otherwise kill the animal and includes n d d i = = o h conibear traps and all other similar traps;

l ] b ,d i a º r K.

"public land" means state-owned land, state-state-leased eland, rlands =held tin etrust wby dthe mstate, alands nadministered oby leasedthe land,United landsStates fish and wildlife service, the United States forest service, the federal bureau of land management, the national park service, the United States department of defense, state parks and any county or municipality, but does not include the interior of physical structures or land belonging to or held in trust byfor thean state,Indian landsnation, dtribe mor :pueblo;

b r e t º o t n = .218833.2AIC March 10, 2021 (3:01pm) s k m e - 3 - e a n e d r e l u [ A d administered by SCONCºthe United States fish and wildlife service,»SCONC the United States forest service, the federal bureau of land management, the national park service, the United States department of defense, state parks and any county or municipality, but does not include the interior of physical structures or land belonging to or held in trust for an Indian nation, tribe or pueblo;

"trap" includes a leghold trap, lethal body-body-gripping gripping trap or cage trap;

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"wildlife" means a member of a vertebrate h species that is native to or found in New Mexico that is not u » r under the direct control of a human or in captivity, but does t h g e l i not include a feral or escaped domestic animal;

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"wildlife poison" means an explosive compound or h , e h deleterious substance used in a manner intended to kill t u g e b l e e , gh wildlife." n d d i = = o h SECTION 3.

A new Section 17-11-3 NMSA 1978 is enacted to l ] b ,d i a º r read:

e r = t e w d m a n o "17-11-3.

[NEW MATERIAL ] PROHIBITIONS ON PUBLIC LAND.--It dis ma :violation of the Wildlife Conservation and Public Safety Act to use a trap, snare or wildlife poison for purposes of capturing, injuring or killing an animal on public land except as provided in Section 17-11-4 NMSA 1978." SECTION 4.

b r e t º o t n = .218833.2AIC March 10, 2021 (3:01pm) s k m e - 4 - e a n e d r e l u [ A d is a violation of the Wildlife Conservation and Public Safety Act to use a trap, snare or wildlife poison for purposes of capturing, injuring or killing an animal on public land except as provided in Section 17-11-4 NMSA 1978." SECTION 4.

[NEW MATERIAL ] EXCEPTIONS.--The provisions of the Wildlife Conservation and Public Safety Act do not apply to:

a government entity acting in the course of its official duties to prevent or mitigate actual threats to humanSB h32 Page 4 human health and safety;