2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 15 - Predatory Wild Animals and Rodent Pests › Section 77-15-1 - [Cooperation with United States; appropriation.]

That the state of New Mexico will cooperate with the bureau of biological survey of the United States, department of agriculture, in destroying predatory wild animals and rodent pests in the interest of the protection of crops and livestock and the improvement of range conditions. The work of destroying such predatory wild animals and rodent pests [is] to be carried on under the direction of the bureau of biological survey. There is hereby appropriated for the eighth fiscal year and each year thereafter until otherwise provided by law, the sum of twenty-five thousand dollars [($25,000)] for paying the state's share of the cost of such operations as may be provided in the cooperative agreement hereinafter mentioned: provided, that not less than twenty-five thousand dollars [($25,000)] be furnished for such cooperative operations each year by the federal government.
History:
Laws 1919, ch. 119, § 1; C.S. 1929, § 4-1301; 1941 Comp., § 49-1701; 1953 Comp., § 47-16-1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The bureau of biological survey, referred to near the beginning of the section, was transferred from the department of agriculture to the department of interior by reorganization plan No. II, Part 1, § 4(f), May 9, 1939, and was consolidated with the bureau of fisheries, the combined agency to be known as the fish and wildlife service, by reorganization plan No. III, § 3, April 2, 1940. The fish and wildlife service was reorganized by act of August 8, 1956, ch. 1036, § 3, 70 Stat. 1120.
See
16 U.S.C. § 742b.
Cross references.
— For Taylor Grazing Act funds for control of rodents and predatory animals,
see
6-11-6 NMSA 1978.
Legislative intent.
— The legislature, in enacting Laws 1919, ch. 119 (77-15-1 to 77-15-5 NMSA 1978), did not intend that the owners of gardens and other property should be at the mercy of the predatory dogs and other animals, even though they had become domesticated.
State v. Anderson
, 1936-NMSC-016, 40 N.M. 173, 56 P.2d 1134.
Source of appropriations.
— The appropriation hereunder consists of such proceeds as may be derived from sale of furs, skins and specimens, plus a sufficient amount from the funds not otherwise appropriated to make up the $25,000. However, expenditures from this appropriation are limited to the sum of $25,000 for each fiscal year. 1931 Op. Att'y Gen. No. 31-215.
State personnel board without authority.
— Since the fish and wildlife service is in fact a federal agency and employees working in the joint programs are subject to hiring and dismissal by federal officers, the state personnel board has no duties or control over such program or its employees. 1963 Op. Att'y Gen. No. 63-109.
Employees of fish and wildlife service are not employees of State
of New Mexico for purposes of the Public Employees Retirement Act (10-11-1 to 10-11-38 NMSA 1978) even though they are paid by state funds. 1957 Op. Att'y Gen. No. 57-231.
However employment under cooperative agreement deemed creditable.
— Employment under the cooperative agreement of July 1, 1923 between the state and the United States for rodent and predator control may be credited toward public employee's retirement. 1958 Op. Att'y Gen. No. 58-100.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
4 Am. Jur. 2d Animals § 1 et seq.; 3 Am. Jur. 2d Agriculture § 42 et seq.
3 C.J.S. Agriculture § 83 et seq.; 3A C.J.S. Animals § 1 et seq.