After unanimous votes in both chambers, legislation will create a new removal process for the State Wildlife Commission
Santa Fe, N.M. – Feb. 19, 2026 – Today wildlife advocates issued the following statement after SB104 was enshrined into law. SB104 will create a new removal process for commissioners on the New Mexico State Wildlife Commission, an independent body that oversees the New Mexico Department of Wildlife.
"This is a historic win for New Mexico wildlife and communities that have long needed a transparent and fair system to ensure wildlife, habitat and food supplies are managed effectively," said Brittany Fallon, Ph.D., policy manager at Western Resource Advocates. "We could not have reached this point without Senator Wirth. Thanks to his leadership, New Mexico's wildlife system is finally ready to stand the test of time."
"We thank the legislature for listening to the voices of hunters and anglers who advocated for a stronger commission," said Jesse Deubel, executive director of the New Mexico Wildlife Federation. "Now that the hunt for commission reform is finally over, we can continue the important work of protecting our hunting and fishing traditions and maintaining a healthy food supply for all New Mexicans."
"Passing this legislation is a testament to the leadership of Sen. Wirth, Rep. McQueen and the thousands of New Mexicans who called for a less political State Wildlife Commission," said Judy Calman, the New Mexico director of policy for Audubon Southwest.
The legislation establishes a new removal process for State Wildlife Commissioners, building on legislation passed in Senate Bill 5 (SB5) during the 2025 session that reformed the process to allow for a commissioner only to be removed for "incompetence, neglect of duty or malfeasance" rather than simply serving at the will of the governor. Under the new bill, the process for removing a commissioner is initiated by the governor, the New Mexico Supreme Court is given "exclusive original jurisdiction over proceedings to remove commissioners," and the Court's decision would be final.
The original language in SB5 called for the State Ethics Commission to bring an action in District Court for removing a commissioner "upon the Ethics Commission's information or upon the complaint of a person with knowledge of a commissioner's alleged incompetence, neglect of duty or malfeasance in office." The legislation also stipulated that a decision by the District Court could be appealed directly to the New Mexico Supreme Court. Those provisions were line-item vetoed by the governor in her March 20, 2025 veto message, which can be found here.
SB104 was introduced by Senate Majority Leader Peter Wirth (D-Santa Fe) and was co-sponsored by Sens. Pete Campos, Crystal Brantley, and Reps. Matthew McQueen and Nathan Small. It received a message from Gov. Michelle Lujan Grisham that allowed it to be germane in the current 30-day legislative session
After it passed the Senate unanimously on Feb. 11 and unanimously in the House on Feb. 14, the bill automatically became law without the governor's signature, known as a "pocket sign."
The State Wildlife Commission is an independent governing body that develops hunting and fishing regulations and oversees the New Mexico Department of Wildlife's $58 million annual budget. It was created more than 100 years ago to insulate wildlife management decisions from politics and to make decisions for the benefit of all New Mexicans.
More than 20 organizations representing 100,000+ New Mexicans successfully advocated for the passage of SB5 in the 2025 legislative session, which renamed the State Game Commission to the State Wildlife Commission and the Department of Game & Fish to the Department of Wildlife, respectively. It was the most significant piece of legislation affecting wildlife management in New Mexico since the 1970s. SB5 was sponsored by Sens. Peter Wirth, Pete Campos, Crystal Brantley, and Reps. Matthew McQueen and Nathan Small and passed with bipartisan support in both chambers.
The following reforms also became law with the governor's signature of SB5:
New State Wildlife Commissioners will be appointed starting January 1, 2027
Retains the governor's executive authority to appoint commissioners, after choosing from a list of qualified candidates sent to the governor by a new nominating committee
Establishes a new nine-member nominating committee to include designees of legislative leadership from both parties and designees from UNM and NMSU's biology, fish, wildlife and conservation departments
Adds new requirements for commissioners, including positions dedicated specifically to a farmer or rancher, a conservationist, a hunger and angler, a scientist, and one at-large member who must be a member of a federally recognized Indian nation, tribe or pueblo in New Mexico.
Clarifies the Department of Wildlife's legislative authority to manage any species based on scientific evidence and in consideration of Species of Greatest Conservation Need (SGCN)
Adjusts resident and non-resident hunting and fishing permit fees for the first time since 2007
