2018 New Mexico Statutes
Chapter 17 - Game and Fish and Outdoor Recreation
Article 2 - Hunting and Fishing Regulations
Section 17-2-37 - Short title.
Sections 17-2-37 through 17-2-46 NMSA 1978 may be cited as the "Wildlife Conservation Act".
History: 1953 Comp., § 53-2-50, enacted by Laws 1974, ch. 83, § 1; 1995, ch. 145, § 1.
Cross references. — For the powers and the duties of the conservation services division, see 17-1-5.1 NMSA 1978.
The 1995 amendment, substituted "Sections 17-2-37 through 17-2-46 NMSA 1978" for "Sections 53-2-50 through 53-2-59 NMSA 1953".
Contingent effective date. — Laws 1995, ch. 145, § 9 provided that the 1995 amendments to the Wildlife Conservation Act shall become effective only upon the appropriation of sufficient funds from the general fund to the conservation services division of the department of game and fish in an amount not less than $350,000 to fulfill the responsibilities established in Laws 1994, ch. 129 and the appropriation of sufficient funds from the general fund of not less than $100,000 to implement the 1995 amendments. Laws 1995, ch. 223, § 10, effective June 16, 1995, appropriated $450,000 from the general fund to the conservation services division of the department of game and fish for expenditure in fiscal year 1996 for the purpose of operation the division, provided that the division may expend not more than $100,000 for implementation of the Wildlife Conservation Act.
Mining fees for fish and wildlife habitat. — Surcharge on fees charged to mining industry to contribute to cost of providing for fish and wildlife habitat are valid exercise of mining commission's authority and their transfer to department of game and wildlife, which administers the Wildlife Conservation Act, is valid. New Mexico Mining Ass'n v. New Mexico Mining Comm'n, 1996-NMCA-098, 122 N.M. 332, 924 P.2d 741.
Allocation of licenses based on residency impermissible discrimination. — The allocation of licenses for bighorn, oryx and ibex by the state game commission on the basis of residency discriminates impermissibly against nonresidents under the federal constitution. Terk v. Gordon, No. 74-387-M (D.N.M., filed Aug. 25, 1977), aff'd, 436 U.S. 850, 98 S. Ct. 3063, 56 L. Ed. 2d 751 (1978).
Fee structure, although discriminatory, not offensive. — The present fee structure in 17-3-13 NMSA 1978, which discriminates against nonresidents, is not offensive to either the privileges and immunities clause, U.S. Const., art. IV, § 2, or the U.S. Const., amend. XIV. Terk v. Gordon, No. 74-387-M (D.N.M., filed Aug. 25, 1977), aff'd, 436 U.S. 850, 98 S. Ct. 3063, 56 L. Ed. 2d 751 (1978).
County ordinances conflicting with Wildlife Conservation Act are invalid. — County land use ordinances attempting to restrict traditional federal and state regulatory authority conflict with, and thus are preempted by, the state Wildlife Conservation Act. These ordinances cannot lawfully grant to the counties the option of taking over the state's designated role in planning for the recovery and management of threatened or endangered species. 1994 Op. Att'y Gen. No. 94-01.
Law reviews. — For student article, "Preventing the Extinction of Candidate Species: The Lesser Prairie-Chicken in New Mexico", see 49 Nat. Resources J. 525 (2009).
For note, "Leaving Wildlife Out of National Wildlife Refuges: The Irony of Wyoming v. United States", see 34 N.M.L. Rev. 217 (2004).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Criminal prosecution under Endangered Species Act of 1973 (16 USCS §§ 1531-1543), 128 A.L.R. Fed. 271.
