reglab/housing_qa huggingface dataset:
NM Stat § 17-2-34 (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 17-2-34 - Hunter training program; instructor certification; certificate of competency.

A. The department of game and fish shall provide a course instruction in the safe handling of firearms for individuals interested in obtaining a certificate of competency in the safe handling of firearms. The department may cooperate with the superintendent of public instruction or any reputable association or organization as determined by the department and having as one of its objectives the promotion of safety in firearm handling. B. The department of game and fish shall prescribe the type of instruction and the qualifications of instructors and shall designate annually those persons qualified to give instruction in the safe handling of firearms. Persons designated by the department of game and fish to be instructors are authorized to give the course of instruction in the safe handling of firearms to all interested persons. Upon the completion of the course and certification to the department by the instructor, the department shall cause to be issued, to the person instructed, a certificate of competency in the safe handling of firearms, which shall be valid unless revoked by the department of game and fish for such cause as determined by regulation of the department to be unsafe handling of a firearm. C. The department of game and fish shall promulgate rules and regulations to implement the provisions of the Hunter Training Act [17-2-33 NMSA 1978]. History: 1953 Comp., § 53-2-47, enacted by Laws 1971, ch. 61, § 3.
NM Stat § 17-2-35 (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 17-2-35 - Exemption.

Nothing in the Hunter Training Act [17-2-33 to 17-2-36 NMSA 1978] shall prohibit any person from carrying or shooting a firearm while participating in an organized and supervised shooting program, or while under the immediate and direct supervision of a parent, guardian or responsible adult, or while participating in a course of instruction in the safe handling of firearms offered by the department of game and fish. However, no exemption shall permit hunting without possession of a valid hunter training certificate. History: 1953 Comp., § 53-2-48, enacted by Laws 1971, ch. 61, § 4; 1981, ch. 306, § 1.
NM Stat § 17-2-36 (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 17-2-36 - Short title.

This act [17-2-33 to 17-2-36 NMSA 1978] may be cited as the "Hunter Training Act". History: 1953 Comp., § 53-2-49, enacted by Laws 1971, ch. 61, § 1.
NM Stat § 17-2-39 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 3 - WILDLIFE CONSERVATION ACT|Section 17-2-39 - Findings and declarations.

The legislature finds and declares that: A. species of wildlife indigenous to the state that may be found to be threatened or endangered should be managed to maintain and, to the extent possible, enhance their numbers within the carrying capacity of the habitat; B. the state should assist in the management of species of wildlife that are deemed to be endangered elsewhere by prohibiting the taking, possession, transportation, exportation, processing, sale or offering for sale or shipment within this state of species of wildlife listed on the United States lists of endangered fish and wildlife, unless such actions will assist in preserving or propagating the species; C. adequate funding should be made available to the department of game and fish by annual appropriations from the general fund or from other sources separate and apart from the game protection fund for management of threatened or endangered species; and D. because the management and recovery of threatened or endangered species are the responsibility of and a benefit to all of society, the costs of management and recovery should be the responsibility of all sectors of society, and those costs should be minimized and should be borne by federal, state and local governments with contributions from the private sector. History: 1953 Comp., § 53-2-52, enacted by Laws 1974, ch. 83, § 3; 1995, ch. 145, § 3. ANNOTATIONSCross references. — For the game protection fund, see 17-1-14 NMSA 1978. The 1995 amendment, in Subsection A, deleted "and subspecies" following "species" and inserted "threatened or" preceding "endangered"; deleted "or subspecies" following "species" in three places in Subsection B; in Subsection C, inserted "should" following "funding", deleted "and fish" preceding "protection fund" and inserted "threatened or"; and added Subsection D. Law reviews. — For article, "Hip Deep: A Survey of State Instream Flow Law From the Rocky Mountains to the Pacific Ocean", see 43 Nat. Resources J. 1151 (2003).
NM Stat § 17-2-42 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 3 - WILDLIFE CONSERVATION ACT|Section 17-2-42 - Management programs.

A. The director shall establish such programs, including programs for research and the acquisition of land or aquatic habitat, as authorized and deemed necessary by the commission for the management of endangered species. B. In carrying out programs authorized by the Wildlife Conservation Act [17-2-33 to 17-2-36 NMSA 1978], the director may enter into agreements with federal agencies, political subdivisions of the state or with private persons for administration and management of any program established under this section or utilized for management of endangered species. C. The director may authorize by permit the taking, possession, transportation, exportation or shipment of species or subspecies which have been deemed by the commission to be in need of management as provided in the Wildlife Conservation Act, so long as such use is for scientific, zoological or educational purposes, for propagation in captivity of such wildlife or to protect private property. D. Endangered species may be removed, captured or destroyed where necessary to alleviate or prevent damage to property or to protect human health. Such removal, capture or destruction may be carried out only by prior authorization by permit from the director, unless otherwise provided by law; provided, that endangered species may be removed, captured or destroyed without permit by any person in emergency situations involving an immediate threat to human life or private property. Regulations governing the removal, capture or destruction of endangered species shall be adopted by the commission within one year after the effective date of the Wildlife Conservation Act. History: 1953 Comp., § 53-2-55, enacted by Laws 1974, ch. 83, § 6. ANNOTATIONS"Effective date of the Wildlife Conservation Act". — The phrase "effective date of the Wildlife Conservation Act" means February 26, 1974, the effective date of Laws 1974, Chapter 83. County ordinances conflicting with Wildlife Conservation Act are invalid. — County land use ordinances attempting to restrict traditional federal and state regulatory authority conflict with, and thus are preempted by, the state Wildlife Conservation Act. These ordinances cannot lawfully grant to the counties the option of taking over the state's designated role in planning for the recovery and management of threatened or endangered species. 1994 Op. Att'y Gen. No. 94-01.
NM Stat § 17-2-43 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 3 - WILDLIFE CONSERVATION ACT|Section 17-2-43 - Commission; power to regulate.

The commission is authorized and directed to establish such regulations as it may deem necessary to carry out all the provisions and purposes of the Wildlife Conservation Act [17-2-33 to 17-2-36 NMSA 1978]. History: 1953 Comp., § 53-2-56, enacted by Laws 1974, ch. 83, § 7.
NM Stat § 17-2-43.1 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 3 - WILDLIFE CONSERVATION ACT|Section 17-2-43.1 - Judicial review; administrative actions.

A. Any person adversely affected by an order of the commission may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. B. Any person adversely affected by a regulation adopted by the commission may appeal to the court of appeals. All appeals shall be upon the record made at the hearing or contained in the public repository file and shall be taken to the court of appeals within thirty days following the date of the filing of the regulation by the commission pursuant to the provisions of the State Rules Act [Chapter 14, Article 4 NMSA 1978]. C. Upon appeal, the court of appeals shall set aside the regulation only if it is found to be: (1) arbitrary, capricious or an abuse of discretion; (2) not supported by substantial evidence in the record; or (3) otherwise not in accordance with law. D. After a hearing and a showing of good cause by the appellant, a stay of the regulation being appealed may be granted: (1) by the commission; or (2) by the court of appeals if the commission denies a stay or fails to act upon an application for a stay within sixty days after receipt of the application. E. The appellant shall pay all costs for any appeal found to be frivolous by the court of appeals. History: Laws 1995, ch. 145, § 8; 1999, ch. 265, § 26. ANNOTATIONSThe 1999 amendment, effective July 1, 1999, added Subsection A; redesignated former Subsection A as Subsection B, and in that subsection, substituted "a regulation adopted by the commission" for "an administrative action taken by the commission" in the first sentence, and substituted the language beginning "filing of the regulation" for "action" in the second sentence; and deleted former Subsection B, which read "For appeals of regulations, the date of the action shall be the date of the filing of the regulation by the commission pursuant to the provisions of the State Rules Act".
NM Stat § 17-2-44 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 3 - WILDLIFE CONSERVATION ACT|Section 17-2-44 - Director; land or aquatic habitat interest acquisition.

In addition to other powers and duties, the director: A. may acquire land or aquatic habitat interests for the conservation, management, restoration, propagation and protection of threatened or endangered species; and B. shall conduct studies to determine the status and requirements for survival of threatened or endangered species. History: 1953 Comp., § 53-2-57, enacted by Laws 1974, ch. 83, § 8; 1995, ch. 145, § 7. ANNOTATIONSThe 1995 amendment rewrote the section heading which read "Commission; land acquisition; state plan studies"; in Subsection A, substituted "land or aquatic habitat interests" for "lands, waters or interests therein" and inserted "threatened or"; deleted former Subsection B, relating to public hearings on a state plan for endangered species; and redesignated former Subsection C as Subsection B and inserted "threatened or" therein.
NM Stat § 17-2-45 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 3 - WILDLIFE CONSERVATION ACT|Section 17-2-45 - Penalty.

A. Any person who fails to procure any permit required by Subsection C or D of Section 17-2-42 NMSA 1978 or who fails to abide by the terms of such permit, is guilty of a misdemeanor and upon conviction shall be fined not less than fifty dollars ($50.00) nor more than three hundred dollars ($300) or be imprisoned for not more than ninety days, or both. B. Any person who violates the provisions of Subsection C of Section 17-2-41 NMSA 1978, or any regulations issued pursuant to that section is guilty of a misdemeanor and upon conviction shall be fined one thousand dollars ($1,000) or imprisoned for a term of not less than thirty days nor more than one year, or both. History: 1953 Comp., § 53-2-58, enacted by Laws 1974, ch. 83, § 9.
NM Stat § 17-2-46 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 3 - WILDLIFE CONSERVATION ACT|Section 17-2-46 - Enforcement; powers of conservation officers.

A. The director, each conservation officer, each sheriff in his respective county and each member of the New Mexico state police shall enforce the Wildlife Conservation Act [17-2-33 to 17-2-36 NMSA 1978] and with probable cause shall: (1) seize any wildlife, including any wild mammal, bird, amphibian, reptile, fish, mollusk or crustacean held in violation of the Wildlife Conservation Act; (2) arrest any person whom he knows to be guilty of a violation of the Wildlife Conservation Act; and (3) open, enter and examine all camps, cars, vehicles, tents, packs, boxes, barrels and packages where he has reason to believe any game or fish taken or held in violation of the Wildlife Conservation Act is to be found, and seize it. B. Any warrant for the arrest of a person shall be issued upon sworn complaint, the same as in other criminal cases, and any search warrant shall issue upon a written showing of probable cause, supported by oath or affirmation, describing the places to be searched or the persons or things to be seized. C. Conservation officers under the direction of the director may establish checking stations at points along established roads as needed. History: 1953 Comp., § 53-2-59, enacted by Laws 1974, ch. 83, § 10. ANNOTATIONSCitizenship requirement for wildlife law enforcement officers. — By operation of state law, wildlife law enforcement officers can be required to hold New Mexico and United States citizenship. 1979 Op. Att'y Gen. No. 79-30. Am. Jur. 2d, A.L.R. and C.J.S. references. — 35 Am. Jur. 2d Fish and Game §§ 52 to 54. 36A C.J.S. Fish §§ 37, 42; 38 C.J.S. Game §§ 50, 61, 63, 64, 67.
NM Stat § 17-3-1 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 3 - Licenses and Permits|Part 1 - GENERAL PROVISIONS|Section 17-3-1 - Current license required.

Each license issued under Chapter 17 NMSA 1978, runs from April 1 through March 31 of the following calendar year. No person shall shoot, hunt, kill, injure or take, in any manner, any game animal, game bird or game fish without paying for, and having in his possession, the proper license required by law for the year in which the shooting, hunting, fishing or taking is done. No nonresident shall shoot, hunt, kill or take, in any manner, any nongame animal or nongame bird without paying for, and having in his possession, any one of the nonresident hunting licenses listed in Section 17-3-13 NMSA 1978 required by law for the year in which the shooting, hunting or taking is done. History: 1953 Comp., § 53-3-1, enacted by Laws 1964 (1st S.S.), ch. 17, § 1; 1967, ch. 4, § 1. ANNOTATIONSRepeals and reenactments. — Laws 1964 (1st S.S.), ch. 17, § 1, repealed former 53-3-1, 1953 Comp., relating to hunting and fishing licenses and shipping permits, and enacted a new 17-3-1 NMSA 1978. Cross references. — For what are game mammals, game birds and game fish, see 17-2-3 NMSA 1978. For penalty for violation of fish and game laws, see 17-2-10 NMSA 1978. For licenses for Indians and Indian reservations, see 17-2-28 NMSA 1978 and notes thereto. For permits respecting endangered species, see 17-2-42 and 17-2-45 NMSA 1978. For license and permit fees, see 17-3-13 NMSA 1978. Bear as game animal. — A statute denominating bear as a game animal could not validate a previous unauthorized regulation of the game commission classifying bear as a game animal, especially as the statute did not purport to be a validating statute; but where a previous statute had specified the closed season for bear, it sufficiently showed the statutory intent to define bear as a game animal. State ex rel. Sofeico v. Heffernan, 1936-NMSC-069, 41 N.M. 219, 67 P.2d 240. See 17-2-1, 17-2-3 NMSA 1978 and notes thereto. A state may enact game laws which discriminate against nonresidents in the enjoyment of the privileges of hunting and fishing. 1964 Op. Att'y Gen. No. 64-91. State may require special season deer tag on Jicarilla reservation and Tierra Amarilla grant. — The state game commission may lawfully require that one who hunts in the Jicarilla reservation and Tierra Amarilla grant obtain a $2.00 special season deer tag. 1962 Op. Att'y Gen. No. 62-135. Am. Jur. 2d, A.L.R. and C.J.S. references. — 35 Am. Jur. 2d Fish and Game § 45. Power of game commission to open or close season, 34 A.L.R. 832. Validity of discrimination against nonresidents, 61 A.L.R. 337, 112 A.L.R. 63. Applicability of state fishing license laws or other public regulations to fishing in private lake or pond, 15 A.L.R.2d 754. Rights of boating and fishing on inland lakes, 57 A.L.R.2d 569. Right of public to use shore of inland navigable lakes between high and low water mark, 40 A.L.R.3d 776. 36A C.J.S. Fish § 36; 38 C.J.S. Game §§ 61, 63, 64, 67.
NM Stat § 17-3-3 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 3 - Licenses and Permits|Part 1 - GENERAL PROVISIONS|Section 17-3-3 - Repealed.

ANNOTATIONSRepeals. — Laws 1983, ch. 117, § 6, repealed 17-3-3 NMSA 1978, as enacted by Laws 1964 (1st S.S.), ch. 17, § 3, relating to prohibited shipments and penalties therefor, effective April 1, 1983.
NM Stat § 17-3-6 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 3 - Licenses and Permits|Part 1 - GENERAL PROVISIONS|Section 17-3-6 - False statements; using license issued to another; hunting without license lawfully procured; altering licenses.

It is a misdemeanor: A. to certify or sign any false or fraudulent statement relative to the residence of any applicant for a hunting or fishing license or permit; B. for any nonresident of New Mexico, for the purpose of securing a New Mexico hunting or fishing license, to make or cause to be made any false or fraudulent statements or representations to any person issuing hunting and fishing licenses in this state; C. to use a hunting or fishing license issued to or in the name of any other person or in the name of any fictitious person; D. to hunt game or fish in New Mexico without a license lawfully procured; E. for any license vendor or any licensee to alter or predate or postdate any license, certificate or permit; or F. for any nonresident to possess a resident hunting, fishing or trapping license issued in the nonresident's name pursuant to a telephone, electronic or hard copy application. History: Laws 1923, ch. 129, § 2; C.S. 1929, § 57-219; 1941 Comp., § 43-303; Laws 1945, ch. 99, § 3; 1953 Comp., § 53-3-3; Laws 1963, ch. 213, § 3; 1979, ch. 340, § 7; 2005, ch. 326, § 2. ANNOTATIONSCross references. — For penalties for acts described in this section, see 17-2-10 NMSA 1978. The 2005 amendment, effective June 17, 2005, added Subsection F to provide that it is a misdemeanor for a nonresident to possess a resident license issued in the nonresident's name pursuant to a telephone, electronic or hard copy application. Magistrate has jurisdiction of violations of this section. 1953 Op. Att'y Gen. No. 53-5860.
NM Stat § 17-3-8 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 3 - Licenses and Permits|Part 1 - GENERAL PROVISIONS|Section 17-3-8 - Loss of application blanks by license collector; accounting.

In the event that a license collector shall lose any of the application blanks for hunting or fishing licenses issued to him by the director of the department of game and fish, he shall immediately notify the director of the loss of the blanks and he shall inform the director of the number and the serial number of each of the application blanks lost. History: 1953 Comp., § 53-3-5.1, enacted by Laws 1959, ch. 144, § 1.
NM Stat § 17-3-9 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 3 - Licenses and Permits|Part 1 - GENERAL PROVISIONS|Section 17-3-9 - Application blanks lost by license collector to be void.

Upon the receipt of a notice from the license collector that an application blank has been lost, the director of the department of game and fish shall immediately declare the blank void. The director shall notify the various conservation officers throughout the state and such other persons as he shall deem necessary that the application blanks containing the serial numbers reported by the license collector are void. History: 1953 Comp., § 53-3-5.2, enacted by Laws 1959, ch. 144, § 2.
NM Stat § 17-3-10 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 3 - Licenses and Permits|Part 1 - GENERAL PROVISIONS|Section 17-3-10 - Presumption of loss [sale]

In any case where a license collector has notified the director of the department of game and fish of the loss of an application blank for hunting or fishing licenses, it shall be presumed that the blank has been sold. History: 1953 Comp., § 53-3-5.3, enacted by Laws 1959, ch. 144, § 3.
NM Stat § 17-3-11 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 3 - Licenses and Permits|Part 1 - GENERAL PROVISIONS|Section 17-3-11 - Possession of license declared void is unlawful.

Any person in possession of a hunting or fishing license containing the serial number which was reported by the collector as the application blank which was lost and which was declared void by the director of the department of game and fish, and the license was not validly issued to him, shall be guilty of a misdemeanor. History: 1953 Comp., § 53-3-5.4, enacted by Laws 1959, ch. 144, § 4.
NM Stat § 17-3-12 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 3 - Licenses and Permits|Part 1 - GENERAL PROVISIONS|Section 17-3-12 - Accounting for licenses.

When a license vendor is unable to account for hunting and fishing licenses issued to him, the state game commission shall determine the extent of liability of the vendor and the decision of the commission shall be final. History: 1953 Comp., § 53-3-5.6, enacted by Laws 1959, ch. 144, § 6. ANNOTATIONSHighest value for which missing licenses could have been sold may be used. — Since by 17-3-7 NMSA 1978 it is the duty of each license collector to account properly for the licenses sold by him, in the event a vendor is not able to accurately account for any missing licenses, the director is justified in assuming that they have been sold for the highest dollar value which could have been received for their sale, and until the license collector is able to prove the contrary to the director's satisfaction, he should be held responsible for that sum. 1954 Op. Att'y Gen. No. 54-6028 (issued prior to enactment of this section).