N.M. Stat. Ann. § 17-1-2
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:
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.
History: 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.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 2025, ch. 9, § 11 provided that references to the state game commission shall be deemed to be references to the state wildlife commission.
The 1991 amendment, effective April 2, 1991, substituted "seven members" for "five members" and "four of whom" for "three of whom" in the first sentence; substituted "four years" for "five years" at the end of the third sentence; deleted "and five" preceding "years" and substituted "no more than two commissioners" for "one commissioner" and made a related stylistic change in the fourth sentence; and, following Subsection E, substituted the next three sentences for "provided that each existing member of the commission on the effective date of this 1985 act shall complete the term for which he was appointed, and, upon completion of such term, appointment shall be made in such manner so as to comply with the provisions of this section."
Appropriations. — Laws 2009, ch. 125, § 42, effective June 19, 2009, appropriated $200,000 from the game protection fund to the department of game and fish [department of wildlife] for expenditure in fiscal years 2009 through 2013 to purchase aircraft for aerial surveys.
Laws 2009, ch. 125, § 42, effective June 19, 2009, appropriated $500,000 from the game and fish bond retirement fund to the department of game and fish [department of wildlife] for expenditure in fiscal years 2009 through 2013 to purchase aircraft for aerial surveys.
Laws 2009, ch. 125, § 43, effective June 19, 2009, appropriated $250,000 from the habitat management fund to the department of game and fish [department of wildlife] for expenditure in fiscal year 2009 for construction and renovations to the Lake Roberts dam and spillway in Grant County.
A district judge may serve as a member of the state game commission. 1945 Op. Att'y Gen. No. 45-4735.
17-1-2. State wildlife commission; appointment; term. (Effective January 1, 2027.)
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.
History: 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; 2025, ch. 9, § 2; 2026, ch. 7, § 1.
The 2026 amendment, effective January 1, 2027, authorized the governor to commence a proceeding for the removal of a state wildlife commissioner, required that a wildlife commissioner be given notice and an opportunity to be heard before the commissioner is removed, provided the supreme court with exclusive original jurisdiction over proceedings to remove a wildlife commissioner, and made certain technical revisions; in Subsection D, after "as provided in," deleted "Section 12 of this 2025 act" and added "Laws 2025, Chapter 9, Section 12"; in Subsection F, deleted "original" preceding "appointment"; and in Subsection G, after "malfeasance in office," added "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.".
The 2025 amendment, effective January 1, 2027, renamed the "state game commission" to the "state wildlife commission", renamed the "department of game and fish" to the "department of wildlife", revised the state wildlife commission appointment process, revised the length of terms of commission members, added requirements for appointment and removal of commissioners, and provided for advisory, nonvoting members of the commission; in the section heading, after "State" deleted "game" and added "wildlife"; in the introductory clause, after the section heading, deleted "To carry out the purpose of Chapter 17 NMSA 1978 and all other acts for like purpose"; added new subsection designation "A"; in Subsection A, after "state" deleted "game" and added "wildlife", after "seven" added "voting" and after "members", deleted "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, one member shall be appointed from each of the following districts" and added the remainder of the paragraph; and deleted former Subsections A through E and added new Subsections B through I.
Temporary provisions. — Laws 2025, ch. 9, § 11, effective July 1, 2026, provided that:
A. The department of game and fish is renamed as the "department of wildlife".
B. The state game commission is renamed as the "state wildlife commission".
C. On July 1, 2026, all:
(1) functions, personnel, money, appropriations, records, furniture, equipment, supplies and other personal and real property of the department of game and fish are transferred to the department of wildlife;
(2) agreements and contractual obligations of the department of game and fish are binding on the department of wildlife;
(3) references in law to the department of game and fish shall be deemed to be references to the department of wildlife;
(4) functions, personnel, money, appropriations, records, furniture, equipment, supplies and other personal and real property of the state game commission are transferred to the state wildlife commission;
(5) agreements and contractual obligations of the state game commission are binding on the state wildlife commission; and
(6) references in law to the state game commission shall be deemed to be references to the state wildlife commission.
D. On July 1, 2026, statutory references in Chapter 17 NMSA 1978 to:
(1) the "department of game and fish" or "department" shall be construed to be references to the department of wildlife;
(2) the "state game commission" or "commission" shall be construed to be references to the state wildlife commission; and
(3) the "director", "warden", "state warden", "state game warden" or "state game and fish warden" shall be construed to be references to the director of the department of wildlife.
E. Rules of the department of game and fish shall be rules of the department of wildlife until amended or repealed.
F. Rules of the state game commission shall be rules of the state wildlife commission until amended or repealed.
G. On July 1, 2026, or as soon thereafter as practicably possible, the department of wildlife shall update the department's name and logo; provided that existing supplies, forms, insignias, signs and logos may continue to be used until exhausted or unserviceable.
Temporary provisions. — Laws 2025, ch. 9, § 12, effective January 1, 2027, provided that the initial appointments made to the state wildlife commission by the governor pursuant to the provisions of 17-1-2 NMSA 1978 and 17-1-2.1 NMSA 1978 of this act shall replace the members of the state wildlife commission, whose terms shall end on January 1, 2027. Terms for the initial appointments to the commission beginning January 1, 2027 shall be as follows:
A. for position one, a one-year term;
B. for position two, a three-year term;
C. for position three, a five-year term;
D. for position four, a one-year term;
E. for position five, a three-year term;
F. for position six, a five-year term; and
G. for position seven, a five-year term.