El Nuevo mexicano., 1919-05-22
so RULES ATTORNEY GENERAL;
PERMIT NOT SUFFICIENT; 9TH
Err ANGLERS CAN be BARRED
FROM ENCLOSURE, HELD,

tF1 Yt .La .aa. HI
The attorney general today sent an
interesting opinion to Game and Fish
Warden Thomas P. Gable inYolyina
construction of new game laws passed
hy the fourth state legislation. The
attorney general is Of the opinion that
a person may post his lands against
hunters of game as well as against
Fishermen. He also holds that a per
son must have a fishing license in adj
dition to the permit required by SEQ
ticn III of the game laws in order to
fish in a stream running through
ones own premises.
The attorney generals opinion.
which may be Of interest to hunters
and anglers throughout the state, is
az follows:
Dear Sir;
we are in receipt OF your letter Of
even date, enclosing one from Thos-
HHeberger Of Elizabethtown, N. M
making inquiry concerning the con
s3ruction Of the new game laws
passed lat the recent session Of our
legislature.
"The first inquiry involves the ques-
tion as to whether 1t is necessary for
q person owning land to procure from
the state a permit to protect the game
thereon in the event that land is
posted in accordance with section
2433, code 1915.
This section provides that a per-
on may prevent others from hunting
or fishing upon his lands by posting
hand bills thereon, and the publication
Tor three weeks in some newspaper Of
notices warning persons not to hunt
or fish within enclosures or pastures
This section has not been repealed in
our opinion by section II Of house bill
No. 321 as amended, passed by the
last session of the legislature.
we are Of the opinion that the last
numbered section is an addition to
the game laws which permits the owns
er or owners OF land through which
pass running streams containing fish
to protect such fish from fishermen by
obtaining the permit therein provided
for, and thus making it unnecessary
to post the land against hunting or
fishing as provided for in section 2433.
eYour second inquiry concerns the
necessity for those having such a
permit to have in their possession a
fishing license in order to fish in tho
gtreams passing through their own
land,
aSection three Of house bill No. 32l
as amended provides, among other
things. that no person shall at any
time shoot. hunt, or take IN any man,
ner n game animals, or any game
birds, Of any kind whatsoever, or
game fish as herein defined In this
state. without first having in his or
her possession a license as herein;
after provided for the year in which
such shooting, fishing OF hunting Is
done,
nSection III contains a prpviso that
nd additional license shall be col
lected from owners OF parks or game
preserves who have paid for and hold
d license as provided for in division
AZ Of the game and fish laws,
Division AZ of the game and fish
laws refers to the maintenance Of
t:arks. enclosures, lakes Or bodies Of
water for the purpose OF keeping or
propagating game or fish for sale, and
evidently does not refer to the en-
closures named in section II Of house
bill No. SGT, Therefore, 1t Is our opin-
ion that q person is required tp have
a fishing license in addition to the
permit provided for IN section IL IL
order to fish a stream running
through his own enclosures.
Your third inquiry is answered by
tho reply above to the first question.
in which We held that fishermen can