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§ 17-1-2 NMSA 1978

State game commission [state wildlife commission]; appointment; term

Known as the Game and Fish Bond Act

The act spans §§ 17–17 (34 sections).

Laws 1921, ch. 35, § 2; C.S. 1929, § 57-102; 1941 Comp., § 43-102; Laws 1945, ch. 26, § 1; 1953 Comp., § 53-1-2; Laws 1985, ch. 107, § 1; 1991, ch. 103, § 1

To carry out the purpose of Chapter 17 NMSA 1978 and all other acts for like purpose, there is created a "state game commission" [state wildlife commission] of seven 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 [state wildlife 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 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 [state wildlife commission] as provided in Chapter 17 NMSA 1978 shall have the same authority, powers and duties as now vested in the state game commission [state wildlife commission] by law, and each member of the state game commission [state wildlife commission] shall serve until his successor has been appointed and qualified.

A. There is created a "state wildlife commission" of seven voting members, all of whom shall possess knowledge of wildlife, hunting and fishing and be New Mexico residents. The governor shall appoint the members of the commission with the advice and consent of the senate from a list of qualified nominees submitted to the governor by the state wildlife commission nominating committee. The commission shall select one commissioner to be chair and one commissioner to be vice chair. The department shall provide administrative support to the commission.

B. 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 affiliated with the same political party; provided that at least one member shall be a member of a federally recognized Indian nation, tribe or pueblo in New Mexico.

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 actively works at growing and selling livestock or crops from a ranch or farm where at least two big game species, as defined by and for which hunting is licensed by the 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;

(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.

D. Except for the initial appointments as provided in Laws 2025, Chapter 9, Section 12, the term of office for each member of the commission shall be six years.

E. A commissioner shall serve for no more than two terms after January 1, 2027. A partial term shall be counted as one full term, unless the partial term is less than one full year.

F. When a commissioner dies, resigns or no longer meets the qualifications required for the commissioner's appointment or misses three consecutive meetings, that position on the commission becomes vacant. The governor shall appoint a successor for the remainder of the term from a list of qualified nominees submitted to the governor by the state wildlife commission nominating committee.

G. Except when the position of commissioner becomes vacant pursuant to Subsection F of this section, a commissioner shall not be removed except for incompetence, neglect of duty or malfeasance in office. A proceeding for the removal of a commissioner may be commenced by the governor. A commissioner shall be given notice of the hearing and an opportunity to be heard before the commissioner is removed. The supreme court is given exclusive original jurisdiction over proceedings to remove commissioners, and its decision in connection with such matters shall be final.

H. A person shall not be eligible to be appointed as a commissioner if the person changed party affiliation during the previous four years; 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 within ninety 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.

Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.