New Mexico Register / Volume XXXIII, Issue 12 / June 21, 2022
STATE GAME
COMMISSION MEETING AND RULE MAKING NOTICE
The New Mexico
State Game Commission (“Commission”) will be hosting a hybrid virtual meeting
and rule hearing on Friday, August 19, 2022 beginning
at 9:00 a.m. at the University of New Mexico – Gallup Campus, Room STC 200, 705
Gurley Ave., Gallup, New Mexico 87301. For instructions on how to attend this
meeting either in person or virtually, visit the Department’s website at http://www.wildlife.state.nm.us/commission/webcast/. The purpose of
this meeting is to hear and consider action as appropriate on the following: Repeal
of the Landowner Certification of Non-Navigable Water Rule 19.31.22. NMAC.
Synopsis for Landowner Certification of
Non-Navigable Water Rule 19.31.22 NMAC:
The proposal is to
permanently repeal the Landowner Certification of Non-Navigable Water Rule
19.31.22 NMAC. On March 1, 2022, the New Mexico State
Supreme Court issued a ruling from the bench that the Landowner Certification
of Non-navigable Water Rule 19.31.22 NMAC is unconstitutional. Later that same
day, the State Game Commission repealed the rule on an emergency basis in
accordance with emergency rule provisions in 14-4-5.6 NMSA (1978). The Supreme Court
also issued a Writ of Mandamus on March 2, 2022
wherein the State Game Commission was ordered to cease further implementation
of 19.31.22 NMAC and withdraw the regulations as void and unconstitutional. The
180-day limit on an emergency rule will expire on August 28, 2022. Therefore,
there is a need to permanently repeal the rule in accordance with the Writ of
Mandamus.
A full text of
changes is available on the Department’s website at: www.wildlife.state.nm.us.
Interested persons
may submit comments on the proposed changes to the Fisheries Rule at: DGF-Non-NavigableRule@state.nm.us; or individuals
may submit written comments to the physical address below. Comments are due by
5:00 p.m. on August 2, 2022. The final proposed rule will be voted on by the
Commission during a hybrid virtual public meeting on August 19, 2022.
Interested persons may also provide data, views or
arguments, orally or in writing, at the hybrid virtual public rule hearing to
be held August 19, 2022.
Full copies of the
text of the proposed new rule, technical information related to proposed rule
changes, and the agenda can be obtained from the Office of the Director, New
Mexico Department of Game and Fish, 1 Wildlife Way, Santa Fe, New Mexico,
87507, or from the Department’s website at https://www.wildlife.state.nm.us/commission/proposals-under-consideration/. This agenda is
subject to change up to 72 hours prior to the meeting. Please contact the
Director’s Office at (505) 476-8000, or the Department’s website at www.wildlife.state.nm.us for updated information.
If you are an
individual with a disability who needs a reader, amplifier, qualified sign
language interpreter, or any other form of auxiliary aid or service to attend
or participate in the hearing or meeting, please contact the Department at
(505) 476-8000 at least one week prior to the meeting or as soon as possible.
Public documents, including the agenda and minutes, can be provided in various
accessible formats. Please contact the Department at (505) 476-8000 if a
summary or other type of accessible format is needed.
Legal authority
for this rulemaking can be found in the General Powers and Duties of the State
Game Commission 17-1-14, et seq. NMSA 1978; Commission’s Power to establish
rules and regulations 17-1-26, et seq. NMSA 1978.