New Mexico § 17-1-14 - General powers and duties of state game commission; game protection fund; liability suspense account

§ 17-1-14. General powers and duties of state game commission; game protection fund; liability suspense account

A. The state game commission shall have general control over the collection and disbursement

of all money collected or received under the state laws for the protection and propagation

of game and fish, which money shall be paid over to the state treasurer to the credit

of the game protection fund, unless otherwise provided by law, and the fund, including

all earned income, shall not be transferred to another fund. Prior to depositing money into the game protection fund, the department of game

and fish shall ensure that an amount adequate to cover the cost of refunds allowed

by the provisions of Chapter 17 NMSA 1978 is held in a liability suspense account. All refunds shall be made from the liability suspense account. Money not needed to cover the cost of refunds shall be deposited in the game protection

fund at the end of each month. Chapter 17 NMSA 1978 shall be guaranty to the person who pays for hunting and fishing licenses and permits

that the money in that fund shall not be used for any purpose other than as provided

in Chapter 17 NMSA 1978 . B. The state game commission shall have authority to: (1) establish and, through the director of the department of game and fish, to operate

fish hatcheries for the purpose of stocking public waters of the state and to furnish

fish fry and fingerlings to stock private waters, receipts from such sources to go

into the game protection fund; (2) declare closed seasons in any specified locality and on any species of game or

fish threatened with undue depletion from any cause; (3) establish game refuges for the purpose of providing safe sanctuaries in which

game may breed and replenish adjacent hunting ranges, it being the purpose of this

provision to establish small refuges rather than large preserves or to close large

areas to hunting; (4) purchase lands for game refuges where suitable public lands do not exist, to purchase

lands for fish hatcheries and to purchase lands to be maintained perpetually as public

hunting grounds, particularly lands suitable for waterfowl hunting, all such lands

to be paid for from the game protection fund; (5) receive by gift or bequest, in the name and on behalf of the state, lands suitable

for game refuges, hunting grounds, fish hatcheries or for any other purpose necessary

to carry out the provisions of Chapter 17 NMSA 1978; (6) apply for and accept any state, federal or private funds, grants or donations

from any source for game and fish programs and projects; (7) designate certain areas as rest grounds for migratory birds, in which hunting

shall be forbidden at all times or at such times as the state game commission shall

provide, it being the purpose of this provision not to interfere unduly with the hunting

of waterfowl but to provide havens in which they can rest and feed without molestation; (8) close any public stream or lake or portion thereof to fishing when such action

is necessary to protect a recently stocked water, to protect spawning waters or to

prevent undue depletion of the fish; (9) propagate, capture, purchase, transport or sell any species of game or fish needed

for restocking any lands or streams of the state; (10) after reasonable notice and hearing, suspend or revoke any license or permit

issued pursuant to the provisions of Chapter 17 NMSA 1978 and withhold license privileges from any person procuring a license through misrepresentation,

violating any provisions of Chapter 17 NMSA 1978 or hunting without a proper license; (11) adopt rules establishing procedures that provide reasonable notice and a hearing

before the state game commission for the suspension, revocation or withholding of

license privileges for a definite period of time for a person charged with violating

the provisions of Chapter 17 NMSA 1978 , subject to such judicial review as may be provided by law; (12) conduct studies of programs for the management of endangered and nongame species

of wildlife; (13) establish licenses, permits and certificates not otherwise provided for in Section 17-3-13 NMSA 1978 and charge and collect just and reasonable fees for them; provided the fees shall

not exceed the costs of administration associated with the licenses, permits or certificates; (14) permit, regulate or prohibit the commercial taking or capturing of native, free-ranging

amphibians or reptiles not specifically protected by law, except for rattlesnake roundups,

collection of fish bait and lizard races; (15) adopt rules to control, eradicate or prevent the spread of a contagious disease,

pest or parasite, including chronic wasting disease, to or among game animals. The rules shall include provisions for: (a) notification to the department of game and fish of the diagnosis or suspected

presence of a contagious disease; (b) examination by the state veterinarian or the state veterinarian's designee of

suspected infected game animals; (c) quarantine, treatment or destruction of an infected game animal; (d) disinfection and isolation of a licensed private park where an infected game animal

has been; and (e) indemnification and destruction of a protected game animal; (16) as necessary, designate areas of the state in which bear-proof garbage containers

are required on public and private lands to reduce potential human-bear interactions; (17) pursuant to appropriation by the legislature, expend money from the game protection

fund and the habitat management fund for the improvement, maintenance, development

and operation of property for fish and wildlife habitat management; and (18) adopt rules to recruit, train and accept the services of volunteers for education

and outreach activities, hunter and angler services and wildlife conservation activities

administered by the department of game and fish; provided that a volunteer: (a) shall comply with all policies and procedures of the director of the department

of game and fish; and (b) shall not be deemed to be a state employee and shall not be subject to the provisions

of law relating to state employment, including those relating to hours of work, rates

of compensation, leave, unemployment compensation and state employee benefits. C. The director of the department of game and fish shall exercise all the powers and

duties conferred upon the state game and fish warden by all previous statutes now

in force not in conflict with Chapter 17 NMSA 1978 . D. The state game commission shall have authority to prohibit all hunting in periods

of extreme forest fire danger, at such times and places as may be necessary to reduce

the danger of destructive forest fires. E. The hunting, pursuing, capturing, killing or wounding of any game animals, birds

or fish in or upon any game refuge, rest ground or closed water or closed area or

during any closed season established or proclaimed by the state game commission in

accordance with the authority conferred in Chapter 17 NMSA 1978 constitutes a misdemeanor and shall be punishable as prescribed in Chapter 17 NMSA 1978 .