reglab/housing_qa huggingface dataset:
NM Stat § 17-2-4.1 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-4.1 - Jaguar to be protected.

In the event the jaguar is de-listed as a federal endangered species, the department of game and fish shall prohibit the taking, possession and sale of jaguars or parts thereof. History: 1978 Comp., § 17-2-4.1, enacted by Laws 1999, ch. 31, § 1.
NM Stat § 17-2-4.2 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-4.2 - Amphibians and reptiles; protected; permits; unlawful taking; misdemeanor; penalties.

A. All species, except for those collected in rattlesnake roundups, for fish bait or for lizard races, of native, free-ranging amphibians and reptiles are hereby classified as protected nongame animals for commercial taking purposes. The commercial taking or capturing of native, free-ranging amphibians and reptiles is prohibited except by a permit issued by the state game commission. B. The state game commission shall adopt rules necessary to administer Paragraph (14) of Subsection A of Section 17-1-14 NMSA 1978 and this section to assure that viable populations of native, free-ranging amphibians and reptiles are maintained in the state. C. If the state game commission determines that it will offer permits to take or capture native, free-ranging amphibians or reptiles, the commission shall adopt a rule listing protected native, free-ranging amphibians and reptiles that may be taken or captured after taking into consideration any criteria that can be shown to have an effect from commercial takings on the viability of the species population in the state. D. Unlawful taking of a native, free-ranging amphibian or reptile consists of intentionally taking or capturing, for commercial purposes, a regulated native, free-ranging amphibian or reptile without a valid permit from the state game commission. E. Amphibians and reptiles may be removed, captured or destroyed without a permit, by any person, in emergency situations involving an immediate threat to human life or private property. F. Whoever commits unlawful taking of a native, free-ranging amphibian or reptile is guilty of a misdemeanor and shall be fined not less than fifty dollars ($50.00) per occurrence and not more than one thousand dollars ($1,000) per occurrence or be imprisoned for not more than one year or both. G. As referred to in this section, "taking" means the act of seizing amphibians or reptiles for a commercial purpose. History: 1978 Comp., § 17-2-4.1, enacted by Laws 2001, ch. 66, § 2. ANNOTATIONSCompiler's notes. — This section was originally enacted as 17-2-4.1 NMSA 1978, but was redesignated as 17-2-4.2 because Laws 1999, ch. 31, § 1, previously enacted a 17-2-4.1.
NM Stat § 17-2-5 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-5 - Adoption of regulations; effective date.

Any written regulation of the state game commission adopted by an affirmative vote of a majority of the members of the state game commission, signed by the chairman and attested by the secretary of the commission, filed in the office of the director of the department of game and fish, and filed in accordance with Section 4-10-13 New Mexico Statutes Annotated, 1953 Compilation, is duly adopted and promulgated and effective immediately. A copy of any regulation certified by the director of the department of game and fish to be a true copy of an adopted regulation is prima facie evidence in any court in this state of the adoption and promulgation of the regulation. History: Laws 1931, ch. 117, § 4; 1941 Comp., § 43-205; 1953 Comp., § 53-2-5; Laws 1961, ch. 106, § 1. ANNOTATIONSCross references. — For hearings on objections to rules and regulations, see 17-1-27 NMSA 1978. Compiler's notes. — Section 4-10-13, 1953 Comp., cited in this section was repealed by Laws 1967, ch. 275, § 13. See Chapter 14, Article 4 NMSA 1978. Authority to promulgate orders is constitutional. — Authority given to the game commission to promulgate orders is not an unconstitutional delegation of legislative power. State ex rel. Sofeico v. Heffernan, 1936-NMSC-069, 41 N.M. 219, 67 P.2d 240. Proper promulgation of rules presumed. — In habeas corpus proceeding to discharge one convicted of violating regulations of state game commission, the court assumes that the regulations have been properly promulgated. State ex rel. Sofeico v. Heffernan, 1936-NMSC-069, 41 N.M. 219, 67 P.2d 240.
NM Stat § 17-2-6 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-6 - Game and fish management areas; closed lakes or streams; notice.

All game and fish management areas, rest grounds and closed lakes or streams or closed portions of lakes or streams shall be conspicuously posted with posters setting forth their purpose and the penalties for violating the rules and regulations applicable to them. This posting is legal notice against the violation of applicable laws, rules or regulations. History: Laws 1921, ch. 35, § 8; C.S. 1929, § 57-108; 1941 Comp., § 43-206; 1953 Comp., § 53-2-6; Laws 1961, ch. 106, § 2.
NM Stat § 17-2-7.1 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-7.1 - Interference prohibited; criminal penalties; civil penalties; revocation of license, certificate or permit.

A. It is unlawful for a person to commit interference with another person who is lawfully hunting, trapping or fishing in an area where hunting, trapping or fishing is permitted by a custodian of public property or an owner or lessee of private property. B. A person who commits a: (1) first offense of interference is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978; and (2) second or subsequent offense of interference is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. C. When a person who commits interference possesses a license, certificate or permit issued to him by the state game commission, the license, certificate or permit shall be subject to revocation by the commission pursuant to the provisions of Sections 17-1-14 and 17-3-34 NMSA 1978. D. As used in this section, "interference" means: (1) intentionally placing oneself in a location where a human presence may affect the behavior of a game animal, bird or fish or the feasibility of killing or taking a game animal, bird or fish with the intent of interfering with or harassing another person who is lawfully hunting, trapping or fishing; (2) intentionally creating a visual, aural, olfactory or physical stimulus for the purpose of affecting the behavior of a game animal, bird or fish with the intent of interfering with or harassing another person who is lawfully hunting, trapping or fishing; or (3) intentionally affecting the condition or altering the placement of personal property used for the purpose of killing or taking a game animal, bird or fish. E. Nothing in this section shall be construed to include a farmer or rancher in pursuit of his normal farm or ranch operation or law enforcement officer in pursuit of his official duties. History: Laws 1993, ch. 94, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Validity and construction of statutes prohibiting harassment of hunters, fishermen, or trappers, 17 A.L.R.5th 837.
NM Stat § 17-2-8 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-8 - Unlawful taking of big game and waste of game.

A. It is unlawful for any person: (1) who hunts or fishes and takes any game mammal designated in Paragraphs (2), (3) or (4) of Subsection A of Section 17-2-3 NMSA 1978, any game bird or any game fish to fail to transport the edible portions of the meat obtained to the person's home for human consumption or to provide for the human consumption thereof under any commission regulations pertaining to exportation, transportation and donation of game; (2) who wounds or may have wounded any game mammal designated in Paragraphs (2), (3) or (4) of Subsection A of Section 17-2-3 NMSA 1978 to fail to go to the place where the mammal sustained or may have sustained the wound and make a reasonable attempt to track the mammal and reduce it to possession; or (3) to take or kill a bighorn sheep, ibex, oryx, Barbary sheep, elk, deer or pronghorn antelope outside of the legal season or without a valid license, which taking or killing results in waste of the animal. Waste of the animal consists of removing from the animal only the head, antlers or horns or abandoning any of the four quarters, backstraps or tenderloins of the carcass. A violation of the provisions of this paragraph is intended to be separate from and cumulative to any other violation of Chapter 17 NMSA 1978. B. Violation of Paragraph (3) of Subsection A of this section is a fourth degree felony pursuant to Section 31-18-15 NMSA 1978, and violation of Paragraph (1) or (2) of Subsection A of this section is a misdemeanor pursuant to Section 17-2-10 NMSA 1978. History: 1953 Comp., § 53-2-7.1, enacted by Laws 1977, ch. 70, § 1; 2017, ch. 38, § 1. ANNOTATIONSThe 2017 amendment, effective June 16, 2017, made it a fourth degree felony to wastefully take or kill certain big game, defined "waste of the animal", and made it a misdemeanor to hunt or fish certain game animals and fail to provide for its consumption or to wound a game mammal and fail to make a reasonable attempt to track the mammal; in the catchline, added "Unlawful taking of big game"; designated the previously undesignated introductory clause as Subsection A and redesignated former Subsections A and B as Paragraphs A(1) and A(2), respectively; and added a new Subsection B.
NM Stat § 17-2-9 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-9 - Jurisdiction of magistrate court.

The magistrate court has jurisdiction in all cases arising under Chapter 17 NMSA 1978 and regulations promulgated by the state game commission. In addition to other jurisdiction, a magistrate has jurisdiction over such cases arising in any magistrate district adjoining at any point that in which he serves with the consent of the accused. History: Laws 1931, ch. 117, § 9; 1941 Comp., § 43-208; 1953 Comp., § 53-2-8; Laws 1963, ch. 213, § 1; 1971, ch. 184, § 1. ANNOTATIONSJurisdiction extends to game law violations. — It is within the jurisdiction of justices of the peace (now magistrates) to try game law violation cases. 1953 Op. Att'y Gen. No. 53-5860. Jurisdiction does not extend to revocation of licenses. — The revocation of a hunting or fishing license is not within the jurisdiction of a justice of the peace (now magistrate) but such power rests exclusively with the director of the department of game and fish of this state, as an administrative matter. 1965 Op. Att'y Gen. No. 65-79.
NM Stat § 17-2-10.1 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-10.1 - Game and fish penalty assessment misdemeanors; definition; schedule of assessments.

A. As used in Chapter 17 NMSA 1978, "penalty assessment misdemeanor" means a violation of any of the following listed sections of the NMSA 1978 for which the listed penalty assessment is established: || COMMON NAME OF OFFENSE    SECTION VIOLATED    PENALTY ASSESSMENT   || Fishing, hunting or trapping  without the proper stamp or  validation as required by law  or adopted by state game  commission rule     17-2-7     $ 50.00   || Fishing without a license    17-3-17    $ 75.00   || Hunting small game without  a license     17-3-1     $100.00   || Manner and method rule  infraction contrary to  adoption by state game  commission rule     17-2-7     $125.00.   |B. When an alleged violator of a penalty assessment misdemeanor elects to accept a notice to appear in lieu of a notice of penalty assessment, no fine imposed upon later conviction shall exceed the penalty assessment established for the particular penalty assessment misdemeanor. C. With the penalty assessment collected for each penalty assessment misdemeanor pursuant to this section, there shall be assessed and collected the cost of the appropriate license and validation that the violator failed to produce. Upon presentation of proof of payment of the penalty assessment, the director of the department of game and fish shall issue the appropriate license and validation. History: Laws 1995, ch. 177, § 1; 2015, ch. 27, § 1. ANNOTATIONSThe 2015 amendment, effective June 19, 2015, provided for additional penalty assessments for violations of hunting and fishing infractions; in Subsection A, added a penalty assessment of $50.00 for "fishing, hunting or trapping without the proper stamp or validation as required by law or adopted by state game commission rule" and a penalty assessment of $125.00 for "manner and method rule infraction contrary to adoption by state game commission rule"; in Subsection C, after "With the", added "penalty", and after the first and second occurrences of "license", added "and validation".
NM Stat § 17-2-10.2 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-10.2 - Game and fish penalty assessment; payment.

A. Unless a warning notice is given to an alleged violator, at the time the alleged violator is charged with a penalty assessment misdemeanor, the conservation officer shall offer the alleged violator the option of accepting a penalty assessment. The signature of the alleged violator on the penalty assessment notice constitutes an acknowledgment of guilt of the offense stated in the notice. The acknowledgment shall be included in accrual of points toward revocation of licenses as provided for in Section 17-3-34 NMSA 1978 or in regulations adopted to implement that section. B. Payment of any penalty assessment, including cost of the appropriate license, shall be mailed to the state game commission within thirty days from the date of charge. Payment of penalty assessments are timely if postmarked within thirty days from the date of the charge. The commission may issue a receipt when a penalty assessment is paid by currency, but checks tendered by the violator upon which payment is received are sufficient receipt. C. No record of any penalty assessment payment is admissible as evidence in court in any civil action. History: Laws 1995, ch. 177, § 2.
NM Stat § 17-2-10.3 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-10.3 - Game and fish penalty assessment; license revocation.

A. The state game commission is authorized to revoke the hunting or fishing license, or both, of a person who fails to pay a penalty assessment or who fails to appear, after proper notice, for hearings as required by law or regulation. B. The state game commission may revoke the hunting or fishing license, or both, of any person, resident or nonresident, who is convicted in another state of any single offense that, if committed in New Mexico, would be grounds for revocation of license. History: Laws 1995, ch. 177, § 3.
NM Stat § 17-2-10.4 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-10.4 - Game and fish penalty assessment revenue; disposition.

The department of game and fish shall remit all penalty assessment receipts to the state treasurer to be credited to the game protection fund in accordance with the provisions of Section 17-1-14 NMSA 1978. History: Laws 1995, ch. 177, § 4.
NM Stat § 17-2-11 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-11 - [Witness testifying for state; evidence not to be used against him.]

In any prosecution under this chapter, any participant in a violation thereof, when so requested by the district attorney, state warden [director of the department of game and fish] or other officer instituting the prosecution, may testify as a witness against any other person charged with violating the same, and his evidence so given shall not be used against him in any prosecution for such violation. History: Laws 1912, ch. 85, § 40; Code 1915, § 2463; C.S. 1929, § 57-248; 1941 Comp., § 43-212; 1953 Comp., § 53-2-12. ANNOTATIONSCompiler's notes. — The compilers of the 1915 Code substituted the words "this chapter" for the words "this act." Chapter 47, 1915 Code, comprised the whole of Laws 1912, ch. 85, the presently effective provisions of which are compiled as 17-1-12, 17-1-13, 17-2-11, 17-2-13, 17-2-17 to 17-2-20, 17-2-21, 17-2-23 to 17-2-28, 17-3-7, 17-3-29, 17-3-30, 17-3-33, 17-3-34, 17-4-6, 17-4-8 to 17-4-29 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. Immunity statutes have only been passed as to particular crimes. — The legislature has gone no further than to pass immunity statutes applicable only in prosecutions for particular crimes, such as this section. Apodaca v. Viramontes, 1949-NMSC-064, 53 N.M. 514, 212 P.2d 425.
NM Stat § 17-2-12 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-12 - Refuges; firearms on; prohibited; exceptions.

It is unlawful for any person to carry, transport or have in his possession, bows, arrows, crossbows or firearms of any kind or description within or upon any game refuge or to discharge any firearm or arrow into or within any state game refuge in New Mexico; provided this section shall not apply to any county, state or federal officer in the discharge of his official duties, nor to persons crossing refuges over public roads and trails with firearms unloaded or taken down; provided further that permits may be issued by the director to stockmen, trappers, ranchers and property owners, or their employees, to carry firearms while engaged in the discharge of their legitimate affairs on or within game refuges. History: Laws 1937, ch. 23, § 3; 1941 Comp., § 43-213; 1953 Comp., § 53-2-13; Laws 1979, ch. 340, § 3. ANNOTATIONSSection is limited to state game refuges. — It was the intent of the legislature to limit the application of this section to state game refuges. 1955 Op. Att'y Gen. No. 55-6155. State may not have power as to federal game refuges. — Any attempt on the part of the state to control the disposition of game on a federal game refuge contrary to the wishes of the federal government might be beyond the power of the state. 1955 Op. Att'y Gen. No. 55-6155.
NM Stat § 17-2-13 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-13 - Songbirds; trapping, killing or injuring prohibited.

It shall be unlawful for any person to shoot, ensnare or trap for the purpose of killing or in any other manner to injure or destroy any songbird, or birds whose principal food consists of insects, comprising all the species and varieties of birds represented by the several families of bluebirds, including the western and mountain bluebirds; also bobolinks, catbirds, chickadees, cuckoos, which includes the chaparral bird or roadrunner (Geococcyx novo mexicanus), flickers, flycatchers, grosbeaks, humming birds, kinglets, martins, meadowlarks, nighthawks or bull bats, nuthatches, orioles, robins, shrikes, swallows, swifts, tanagers, titmice, thrushes, vireos, warblers, waxwings, whipporwills [whippoorwills], woodpeckers, wrens, and all other perching birds which feed entirely or chiefly on insects. This section does not prohibit the killing of such birds for scientific purposes under permits from the department of game and fish. History: Laws 1912, ch. 85, § 55; Code 1915, § 2478; Laws 1915, ch. 101, § 16; C.S. 1929, § 57-263; 1941 Comp., § 43-215; 1953 Comp., § 53-2-15; Laws 1967, ch. 119, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — Protection of migratory birds as within scope of treaty-making power, 4 A.L.R. 1388, 134 A.L.R. 882. Power of Congress to protect migratory birds, 11 A.L.R. 991. 38 C.J.S. Game §§ 8, 22-28, 30, 51, 76.
NM Stat § 17-2-14 (2021)
2021 New Mexico Statutes|Chapter 17 - Game and Fish and Outdoor Recreation|Article 2 - Hunting and Fishing Regulations|Part 1 - GENERAL PROVISIONS|Section 17-2-14 - Hawks, vultures and owls; taking, possessing, trapping, destroying, maiming or selling prohibited; exception by permit; penalty.

A. It is unlawful for any person to take, attempt to take, possess, trap or ensnare or in any manner to injure, maim or destroy birds of the order Falconiformes, comprising all of the species and varieties of birds represented by the several families of vultures and hawks, and all of the order Stringiformes, comprising all of the species and varieties of owls. It is also unlawful to purchase, sell or trade, or to possess for the purpose of selling or trading, any parts of these birds. B. The director of the department of game and fish may issue permits to allow any person to take, possess, trap, ensnare or destroy any bird protected by this section or to possess, give, purchase, sell or trade, or to possess for the purpose of selling or trading, any parts of any birds protected by this section. Permits shall be granted for the following purposes: (1) Indian religious purposes; (2) scientific purposes in accordance with law and the regulations of the department of game and fish; or (3) falconry purposes in accordance with law and the regulations of the department. C. Notwithstanding any other law, any person engaged in the commercial raising of poultry or game birds may take, capture or kill any hawk, owl or vulture that has killed such poultry or game birds. The owner of such game or poultry farm who takes action under this provision shall report this action to the department of game and fish, which shall verify the necessity of the action taken. D. Any person violating the provisions of this section is guilty of a petty misdemeanor. History: 1953 Comp., § 53-2-15.1, enacted by Laws 1973, ch. 104, § 1; 1979, ch. 340, § 4; 1992, ch. 29, § 2. ANNOTATIONSRepeals and reenactments. — Laws 1973, ch. 104, § 1, repealed former 53-2-15.1 relating to protection of hawks, vultures and owls, and enacted a new 17-2-14 NMSA 1978. The 1992 amendment, effective April 1, 1992, in Subsection A, deleted the former last sentence, which read "The provisions of this subsection shall not apply to the genera of Aquila and Haliaeetus of the family Accipitridae"; in Subsection B, deleted "upon application and without charge to any person" preceding "for the following purposes" in the second sentence and "of game and fish" from the end of Paragraph (3); and made stylistic changes.