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2023 New Mexico Legislative Overview

For more than a century, the New Mexico Wildlife Federation has represented the interests of public land users, hunters and anglers at the New Mexico Legislature. We continued that work this year, tracking dozens of bills that could affect our lands, waters and wildlife. Below are the key issues NMWF engaged on during the 2023 Legislative Session:

SB9 Land of Enchantment Legacy Fund

The Land of Enchantment Legacy Fund creates the state’s dedicated source of recurring funding for conservation, prioritizing land and water stewardship, forest and watershed health, outdoor recreation and infrastructure, agriculture and working lands, historic preservation, and wildlife species protection. The fund invests in existing state programs, which will unlock hundreds of millions of dollars in federal grants.This is a bipartisan product of five years of negotiations among a broad coalition of non-governmental organizations, legislators and state agencies. The bill was signed by Gov. Michelle Lujan Grisham on March 23.

SB072 Safe Passage for Wildlife & Motorists

The bill earmarked $5 million for a dedicated fund to implement the Wildlife Corridors Action Plan. The fund, which the NMWF expects to see grow considerably, will support wildlife crossing project costs, including: providing matching dollars to leverage federal infrastructure funding, feasibility studies, planning and design, construction, maintenance and personnel costs, animal detection systems, fencing, jump outs and signage, right-of-way easements and private lands conservation. Wildlife crossings, while costly to build, can reduce crashes by more than 90 percent and can pay for themselves quickly by keeping motorists and wildlife safe. The bill was signed by Gov. Lujan Grisham on March 23.

HB184 Changes to the New Mexico State Game Commission

The bill would set new protections for members of the New Mexico State Game Commission and make other changes. Currently, commissioners can be removed at will by the governor. The bill would specify that they could only be removed for cause by the NM Supreme Court. Earlier this year, the game commission only had three members – not enough members to have a quorum for meetings. As long as commissioners can be removed by the governor at will, wildlife management is threatened. The bill cleared both the House and Senate and will await action by the governor until the April 7 deadline for bill action. NMWF is urging all hunters and anglers to contact the governor and let her know our game commission and wildlife can no longer be victims of political whim.

HB261 ‘Honor NM Wildlife Act’ – Expand Wanton Waste Statute 

The bill would have required hunters to remove the edible portions of bear, cougar and javelina from the field. Expanding New Mexico’s existing law against the wanton waste of game animals to include these three species is necessary to protect the future of all hunting in our state. Other species already on the list include elk, deer and bighorn. The goal of this statutory change was to ensure our laws mirror the respect hunters have for the animals we hunt. The bill passed 10-0 in the House Energy, Environment & Natural Resources Committee but stalled in House Judiciary Committee.

SB254 License Fee Increase

At the start of the 2023 NM Legislative Session, the New Mexico Department of Game and Fish was facing a $9-million deficit and needed more money. The game department receives no general fund support. It depends on hunting and fishing license revenues and on federal grants for operations. It currently takes in approximately $47 million a year. Inflation has eroded each license dollar’s value by 47 percent since the last meaningful license fee adjustment took effect in 2006. As introduced, SB 254 would have bailed out the game department. While the NMWF stood in support, the federation feared that if the bill was not refined to offer more protection to the interests of state residents, it would have also reinforced some of the glaring inequities in how New Mexico currently allocates elk licenses and other public resources. NMWF remains committed to working with hunters, anglers, and the game commission on a bill that properly funds the department and provides for New Mexicans. The bill cleared the Senate and stalled in the House Energy and Natural Resources Committee. Read More >>> 

SB161 Restrictions on the use of neonicotinoids

The bill would have set restrictions on a type of pesticide that’s harmful to birds and insect pollinators. Even at low levels, the pesticides are toxic to bees. The pesticides linger on the pollen and nectar of plants that have been treated with them. The bill stalled in the Senate Conservation Committee.

Opposed

HB183 Restructuring NMDGF to EMNRD

The bill would have vested too much authority and too little protection in one individual, the secretary of the New Mexico Department of Energy, Minerals and Natural Resources. Exempt from State Personnel Act protection against arbitrary dismissal, the EMNRD secretary would appoint the director of the New Mexico Department of Game and Fish, who’s also exempt. The NMWF’ assessed that placing the game department in that position would open the door to partisan, political and special-interest interference. Further, many decisions game commissioners make are social, not biological. Biology may drive harvest goals, bag limits and numbers of available elk licenses, for example, but social decisions determine who gets those licenses, from whom, and how. Such decisions are best made by a group in robust debate and examination, rather than an individual. The bill stalled in the House Energy, Environment & Natural Resources Committee.

SB439 Legislative Approval for Certain Land Purchases

The bill would have required the State Game Commission to get approval from the Legislature for the purchase of any land appraised at over $1 million. The NMWF opposed the bill because seeking legislative approval would be redundant and would create delays that could discourage private land sellers. Proponents of the bill claimed it was needed to avoid the state getting into a ‘bidding war’ with other potential buyers. In reality, NMDGF is required to meet federal appraisal standards which almost always return values below the asking price. The game department is not allowed to pay over the appraisal, unlike private buyers. The recent L Bar Ranch purchase is a great example of a seller willing to accept less money in order to conserve lands. The L Bar acquisition allows public access to land that has cultural significance to as many as 30 Native American tribes and, when added to the adjacent Marquez Wildlife Area, created New Mexico’s largest state-owned recreation property. The bill passed its Senate Committees but stalled on the Senate Floor.

SB462 Changes to Big Game Depredation Fund

The bill would have expanded the uses of the big game depredation damage fund, managed by the Department of Game and Fish (DGF), to include monetary awards to landowners in addition to the costs of correcting and preventing damage to property. Direct cash payouts to landowners for wildlife damages would be a violation of the anti-donation clause in our state’s constitution, which prohibits the use of public funds for private purposes.  The bill stalled in the Senate Conservation Committee.