reglab/housing_qa huggingface dataset:
NM Stat § 17-2-15 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-15 - [Horned toads; killing, selling or shipping from state unlawful.]

It shall be unlawful for any person to wilfully [willfully] kill or to sell horned toads within the state of New Mexico, or to ship them from the state. History: Laws 1941, ch. 32, § 1; 1941 Comp., § 43-216; 1953 Comp., § 53-2-16. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 17-2-16 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-16 - Repealed.

ANNOTATIONSRepeals. — Laws 2001, ch. 66, § 3, repealed 17-2-16 NMSA 1978, as amended by Laws 1979, ch. 340, § 5, regarding the prohibition of the capturing or killing of bullfrogs, effective June 15, 2001. For provisions of former section, see the 2000 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 17-2-4.2 NMSA 1978.
NM Stat § 17-2-17 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-17 - [Storage of game or fish.]

No game or fish shall be received or held in storage except as follows, namely: A. during the open season therefor and for five days thereafter when the same is stored for the person lawfully in possession of the same; B. at any time of the year when there is attached thereto a proper and valid officer's invoice as provided in this chapter relating to the seizure of game and fish for not more than thirty days after the date of such invoice; C. when there is attached thereto a proper and valid certificate or permit signed by the state warden [director of the department of game and fish] or deputy [conservation officer] and on its face authorizing storage of the article named therein and during the period therein stated. History: Laws 1912, ch. 85, § 26; Code 1915, § 2449; C.S. 1929, § 57-235; 1941 Comp., § 43-222; 1953 Comp., § 53-2-20. ANNOTATIONSCompiler's notes. — The compilers of the 1915 Code substituted the words "this chapter" for the words "this act" in Subsection B. For disposition of Chapter 47, 1915 Code, in NMSA 1978, see note to 17-2-11 NMSA 1978. Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1955, ch. 59, § 2 transferred the duties of the state game warden. See 17-1-6 NMSA 1978.
NM Stat § 17-2-18 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-18 - [Menu as evidence of possession of game or fish.]

The naming of game and fish upon any menu or bill of fare as food for patrons shall be prima facie evidence of the possession of the same by the proprietor of such hotel, restaurant, cafe or boardinghouse. History: Laws 1912, ch. 85, § 28; Code 1915, § 2451; C.S. 1929, § 57-237; 1941 Comp., § 43-223; 1953 Comp., § 53-2-21. ANNOTATIONSCross references. — For possession of game or fish without invoice, see 17-4-20 NMSA 1978.
NM Stat § 17-2-20 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-20 - [Seizure of devices used for violating law; nuisance; destruction; firearms excepted.]

Every net, trap, explosive, poisonous or stupefying substance, or device used or intended for use in taking or killing game or fish in violation of this chapter, and set, kept or found in or upon any of the streams or waters in this state or upon the shores thereof, and every trap, device, blind or deadfall found baited in violation of this chapter, is declared to be a public nuisance and may be abated and summarily destroyed by any person and it shall be the duty of every officer authorized to enforce this chapter to seize and summarily destroy the same and no prosecution or suit shall be maintained for such destruction; provided, that nothing in this chapter shall be construed as affecting the right of the state warden [director of the department of game and fish] to use such means as may be proper for the promotion of game and fish propagation and culture, nor as authorizing the seizure or destruction of firearms. History: Laws 1912, ch. 85, § 31; Code 1915, § 2454; C.S. 1929, § 57-240; 1941 Comp., § 43-225; 1953 Comp., § 53-2-23. ANNOTATIONSCompiler's notes. — The compilers of the 1915 Code substituted the words "this chapter" for the words "this act." For disposition of Chapter 47, 1915 Code, in NMSA 1978, see note to 17-2-11 NMSA 1978. Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1955, ch. 59, § 2 transferred the duties of the state game warden. See 17-1-6 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — Jury trial in case of seizure or destruction of appliances, 17 A.L.R. 574, 50 A.L.R. 97. 36A C.J.S. Fish § 42; 38 C.J.S. Game §§ 61, 63, 64, 67.
NM Stat § 17-2-20.1 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-20.1 - Seizure and forfeiture; property subject.

A. All firearms and bows and arrows may be subject to seizure and forfeiture when used as instrumentalities in the commission of the following crimes: (1) illegal possession or transportation of big game during closed season; (2) taking big game during closed season; (3) attempting to take big game by the use of spotlight or artificial light; and (4) exceeding the bag limit on any big game species during open season. B. Any motor vehicle shall be subject to seizure and forfeiture when operated in violation of the provisions of Section 17-2-31 NMSA 1978, regarding hunting by spotlight. C. The provisions of the Forfeiture Act [Chapter 31, Article 27 NMSA 1978] apply to the seizure, forfeiture and disposal of property subject to forfeiture pursuant to Subsections A and B of this section. History: 1978 Comp., § 17-2-20.1, enacted by Laws 1979, ch. 321, § 1; 1991, ch. 53, § 1; 2002, ch. 4, § 9. ANNOTATIONSThe 2002 amendment, effective July 1, 2002, deleted former Subsection B, which read: "Provided that no firearms or bows and arrows shall be subject to forfeiture if the violation was without the knowledge or consent of the owner"; redesignated former Subsection C as present Subsection B and deleted the last sentence of that section, which directed that seized and forfeited motor vehicles were to be disposed of in accordance with the provisions of Section 17-2-20.2 NMSA 1978; deleted former Subsection D, which read: "No conveyance is subject to forfeiture under this section by reason of any act or omission established for the owner to have been committed or omitted without his knowledge or consent. A forfeiture of a conveyance encumbered by a bona fide security interest shall be subject to the interest of a secured party if the secured party neither had knowledge of nor consented to the act or omission"; and added present Subsection C. Am. Jur. 2d, A.L.R. and C.J.S. references. — 35 Am. Jur. 2d Fish and Game §§ 52 to 54. Right to jury trial in case of seizure of property alleged to be illegally used, 17 A.L.R. 568, 50 A.L.R. 97. Forfeiture of property for unlawful use before trial of individual offender, 3 A.L.R.2d 738. Validity, construction, and effect of statutes or regulations making possession of fish and game, or of specified hunting or fishing equipment, prima facie evidence of violation, 81 A.L.R.2d 1093. Lawfulness of seizure of property used in violation of law as prerequisite to forfeiture action or proceeding, 8 A.L.R.3d 473. Seizure and forfeiture of firearms or ammunition under 18 USCS § 924(d), 57 A.L.R. Fed. 234. 37 C.J.S. Forfeitures § 3; 38 C.J.S. Game §§ 61, 63, 64, 67.
NM Stat § 17-2-20.2 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-20.2 - Repealed.

ANNOTATIONSRepeals. — Laws 2002, ch. 4, § 22 repealed 17-2-20.2 NMSA 1978, as enacted by Laws 1979, ch. 321, § 2, relating to standards and procedures for the forfeiture of property subject to forfeiture and disposal under 17-2-20.1 NMSA 1978, effective July 1, 2002. For provisions of former section, see the 2001 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 31-27-1 NMSA 1978 et seq.
NM Stat § 17-2-20.3 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-20.3 - Penalties.

The following violations shall constitute a misdemeanor: A. illegal possession or transportation of big game during closed season; B. taking or attempting to take big game during closed season; C. taking or attempting to take big game by the use of spotlight or artificial light; D. selling or attempting to sell big game or parts thereof, except as permitted by regulation of the state game commission; and E. exceeding the bag limit on any big game species during open season. History: 1978 Comp., § 17-2-20.3, enacted by Laws 1979, ch. 321, § 3. ANNOTATIONSCross references. — For general penalties, see 17-2-10 NMSA 1978. For civil liability, see 17-2-26 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 35 Am. Jur. 2d Fish and Game §§ 46 to 52. Applicability, to domesticated or captive game, of game laws relating to closed season and the like, 74 A.L.R.2d 974. Validity, construction, and effect of statutes or regulations making possession of fish and game, or of specified hunting or fishing equipment, prima facie evidence of violation, 81 A.L.R.2d 1093. 38 C.J.S. Game §§ 8, 22-28, 30, 41, 51, 58, 76.
NM Stat § 17-2-21 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-21 - [Sale or disposition of game or fish after seizure; invoice furnished purchaser or donee; disposition of proceeds of sale.]

All game and fish seized under the game laws shall without unnecessary delay be sold by the officer making such seizure, or by the state warden [director of the department of game and fish], except when such sale is impracticable or likely to incur expenses exceeding the proceeds, in which case the same shall be donated to some charitable institution or needy person not concerned in the unlawful killing, or possession thereof. The officer making such seizure shall sign and give to each purchaser or donee an invoice stating the time and place of disposition, the kind and weight as near as may be of the game or fish disposed of and the name of the purchaser or donee. Such invoice shall authorize possession, transportation and use within the state, and storage for thirty days from date. The proceeds from such sale, after deducting the cost of seizure and sale shall, if made by the state warden [director] or any deputy [conservation officer] under salary, be paid into the game protection fund, but if made by a deputy warden [conservation officer] not under salary, or any other officer, shall be paid one-half to the officer making such seizure. History: Laws 1912, ch. 85, § 23; Code 1915, § 2446; C.S. 1929, § 57-232; 1941 Comp., § 43-226; 1953 Comp., § 53-2-24. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1955, ch. 59, § 2 transferred the duties of the state game warden. See 17-1-6 NMSA 1978. Cross references. — For sale of skins, pelts or furs involved in violation, see 17-5-9 NMSA 1978. Return of game or proceeds after wrongful confiscation. — Where the department of game and fish confiscated an elk from a person charged with a hunting misdemeanor, and the magistrate court dismissed the case because the game officer failed to identify the defendant at the hearing as the person charged, the department was not required to return the elk, or the proceeds from the sale of the elk, to that person. 1988 Op. Att'y Gen. No. 88-43.
NM Stat § 17-2-22 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-22 - Sale of evidence in cases of appeal.

A. For the purpose of avoiding waste, game or fish confiscated and held as evidence in any prosecution for violation of the game laws, if fit for human consumption, shall be sold by the conservation officer or other officer having jurisdiction in the prosecution as soon as possible after the filing of any appeal from the decision of the court to any higher court. B. The evidence shall be sold for the highest cash price offered and the proceeds of the sale forwarded to the main office of the department of game and fish at Santa Fe to be deposited in the game protection fund. A copy of the receipt of sale shall be delivered to the court and shall be attached to the papers forwarded to the higher court on appeal. C. If the higher court finds the defendant to be not guilty of the charge he shall be reimbursed within ten days after such decision by the department of game and fish for the full amount of the proceeds from the sale of evidence. History: 1953 Comp., § 53-2-24.1, enacted by Laws 1963, ch. 216, § 1.
NM Stat § 17-2-23 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-23 - [Reports of seizures and sales.]

In all cases the officer making a seizure or sale shall, within ten days thereafter, report all the particulars thereof and an itemized statement of the proceeds, expenses and fees and the disposition thereof, and pay the remainder of the proceeds, if any, to the state treasurer to be by him paid into the game protection fund. History: Laws 1912, ch. 85, § 24; Code 1915, § 2447; C.S. 1929, § 57-233; 1941 Comp., § 43-227; 1953 Comp., § 53-2-25.
NM Stat § 17-2-24 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-24 - [Officer's right to use animal or vehicle transporting seized game or fish; public conveyances excepted.]

Where game or fish while being transported is seized under this chapter, the officer making such seizure shall have authority upon payment of reasonable compensation therefor, to also take possession of and use any animals and vehicles used in such transportation for the purpose of conveying the game or fish seized to a convenient railroad station or place of safekeeping or sale, and also for conveying any person arrested for the unlawful possession of such game or fish to a place of hearing or trial, and no liability shall attach to such officer by reason thereof, but this section shall not apply to any animal or vehicle while being used as a public conveyance for passengers or mails, or any railroad car. History: Laws 1912, ch. 85, § 25; Code 1915, § 2448; C.S. 1929, § 57-234; 1941 Comp., § 43-228; 1953 Comp., § 53-2-26. ANNOTATIONSCompiler's notes. — The compilers of the 1915 Code substituted the words "this chapter" for the words "this act." For disposition of Chapter 47, 1915 Code, in NMSA 1978, see note to 17-2-11 NMSA 1978.
NM Stat § 17-2-25 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-25 - [Game or fish in possession of passenger; carrier exempt from liability; seizure.]

Nothing in this chapter shall make a common carrier liable for transportation of game and fish when same is in the possession of a passenger, but such fact shall not exempt the same from seizure if unlawfully taken, killed, held in possession or transported. History: Laws 1912, ch. 85, § 37; Code 1915, § 2460; C.S. 1929, § 57-245; 1941 Comp., § 43-229; 1953 Comp., § 53-2-27. ANNOTATIONSCompiler's notes. — The compilers of the 1915 Code substituted the words "in this chapter" for the word "herein." For disposition of Chapter 47, 1915 Code, in NMSA 1978, see note to 17-2-11 NMSA 1978.
NM Stat § 17-2-27 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-27 - [District attorneys to prosecute and defend actions under fish and game laws.]

It shall be the duty of each of the district attorneys in this state to prosecute and defend for the state in all courts of the county or counties in their respective districts, all causes, criminal and civil, arising under the provisions of this chapter, in which the state may be a party or interested or concerned. History: Laws 1912, ch. 85, § 81; Code 1915, § 2504; C.S. 1929, § 57-323; 1941 Comp., § 43-231; 1953 Comp., § 53-2-29. ANNOTATIONSCompiler's notes. — The compilers of the 1915 Code substituted the words "this chapter" for the words "this act." For disposition of Chapter 47, 1915 Code, in NMSA 1978, see note to 17-2-11 NMSA 1978.
NM Stat § 17-2-29 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-29 - [Hunting and boating while intoxicated or under the influence of narcotic drugs prohibited.]

In order to prevent hunting and boating accidents and to promote the public safety, it shall hereafter be unlawful for any person, while clearly intoxicated as a result of drinking alcoholic liquors or under the influence of any narcotic drug, to hunt, kill or attempt to take in any manner any game or nongame mammal or bird, or to carry firearms of any kind or bow and arrows in any hunting area; or to go or to be upon the waters of any lake in a boat or on a raft. History: 1941 Comp., § 43-240; Laws 1953, ch. 98, § 1; 1953 Comp., § 53-2-32. ANNOTATIONSCross references. — For prohibited operation of motorboats, vessels, etc., see 66-12-11 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — Criminal liability for injury or death caused by operation of pleasure boat, 8 A.L.R.4th 886.
NM Stat § 17-2-30 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-30 - [Person convicted of hunting or boating while intoxicated or under influence of narcotic drugs; revocation and withholding of hunting and fishing license privileges.]

In the event any person shall be convicted of a violation of this act [17-2-29, 17-2-30 NMSA 1978], his hunting and fishing license shall be revoked and all hunting and fishing license privileges withheld for a period of twelve months. History: 1941 Comp., § 43-244; Laws 1953, ch. 98, § 5; 1953 Comp., § 53-2-36. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Criminal liability for injury or death caused by operation of pleasure boat, 8 A.L.R.4th 886.
NM Stat § 17-2-31 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-31 - Use of artificial light while hunting prohibited.

It is unlawful for a person or a group of persons together in possession or control of a firearm or other implement to throw or cast the rays of a spotlight or other artificial light into any field, pasture, woodland, forest or prairie where big game or domestic livestock may be, or are reasonably expected to be, whereby any big game animal or domestic animal could be killed by aid of an artificial light. However, the following shall be exempt from the provisions of this section: A. an officer authorized to enforce the game and livestock laws of the state; B. a government employee acting in an official capacity; C. a landowner or lessee or employee of such landowner or lessee, while on the land owned or leased in connection with legitimate activities; or D. a person who has received a permit or authorization from the department of game and fish to conduct such activities. History: 1941 Comp., § 43-235; Laws 1951, ch. 171, § 1; 1953 Comp., § 53-2-37; 2007, ch. 155, § 1. ANNOTATIONSCross references. — For penalty for violation of this section, see 17-2-10 NMSA 1978. The 2007 amendment, effective June 15, 2007, added the exemptions in Subsections B and D. Section is not void for uncertainty. State v. Barber, 91 N.M. 764, 581 P.2nd 27 (Ct. App. 1978). Absence of criminal intent element does not violate due process. — Given the public interest concerned and the difficulties involved in the protection of big game animals and livestock, together with the apparent general public attitude, it appears that the legislature intended to eliminate the element of criminal intent in hunting by means of artificial light so that it is the doing on the act alone which is prohibited, and this does not violate due process. State v. Barber, 1978-NMCA-059, 91 N.M. 764, 581 P.2d 27.
NM Stat § 17-2-32 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-32 - Diseased rabbits; hunting and trapping.

The department of game and fish may restrict hunting and trapping of rabbits in any area when notified by the department of public health [department of health] that rabbits in the area are infected with bubonic plague. Any restriction under this section shall be terminated when the department of public health [department of health] notifies the department of game and fish that danger, of public health significance, no longer exists in the area with respect to these diseased rabbits. History: 1953 Comp., § 53-2-45, enacted by Laws 1963, ch. 150, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1968, ch. 37, § 3, transferred the functions of the department of public health to the department of health and social services. Section is not void for uncertainty. State v. Barber, 1978-NMCA-059, 91 N.M. 764, 581 P.2d 27. Absence of criminal intent element does not violate due process. — Given the public interest concerned and the difficulties involved in the protection of big game animals and livestock, together with the apparent general public attitude, it appears that the legislature intended to eliminate the element of criminal intent so that it is the doing of the act alone which is prohibited, and this does not violate due process. State v. Barber, 1978-NMCA-059, 91 N.M. 764, 581 P.2d 27.
NM Stat § 17-2-33 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 2 - HUNTER TRAINING ACT|Section 17-2-33 - Use of firearms by minors.

A. It is unlawful after April 1, 1972, for any person born after January 1, 1958, to hunt with or shoot a firearm, unless: (1) he is supervised by a parent, legal guardian or a responsible adult designated by the parent or guardian; or (2) he carries a certificate indicating that he has successfully completed the New Mexico hunter training course or the hunter training course of another state which is approved by the New Mexico department of game and fish; or (3) he is eighteen years of age or older. B. It is unlawful after April 1, 1976, for any person under the age of eighteen years to hunt with or shoot a firearm unless he is carrying a certificate indicating that he has successfully completed the New Mexico hunter training course or a hunter training course of another state which is approved by the New Mexico department of game and fish. C. Any person violating the pvovisions [provisions] of this section is guilty of a petty misdemeanor. History: 1953 Comp., § 53-2-46, enacted by Laws 1971, ch. 61, § 2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.