reglab/statecodes huggingface dataset:
2023 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.
ANNOTATIONS
Highest 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).
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-13.1 - Disabled veteran; license fee exemption; lifetime license.

A. The director of the department of game and fish shall issue without a fee a general hunting and fishing license and class A trout stamp to any resident who was one hundred percent disabled as a result of having served in the armed forces of the United States, upon submission by the person of proof satisfactory to the commission that he was one hundred percent disabled as a result of having served in the armed forces of the United States.
B. Any license and stamp issued pursuant to the provisions of Subsection A of this section shall be issued only once, but shall be issued for the life of the licensee, provided the licensee is a resident of New Mexico and provided the licensee notifies the director of the department of game and fish promptly of any change of residence within or outside the state.
C. Any person holding a license and stamp under the provisions of this section shall be subject to all applicable hunting and fishing regulations, provisions and penalties of Chapter 17 NMSA 1978.
History:
Laws 1981, ch. 344, § 1.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-13.2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 118, § 2 repealed 17-3-13.2, as enacted by Laws 1985, ch. 118, § 1, relating to the fees and use of wild turkey validations, effective July 1, 1988.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-13.3 - Big game depredation damage stamp required; disposition of receipts.

A. Each license to hunt big game shall include a big game depredation damage stamp. The department of game and fish shall, by rule, set the fee for the stamp; provided that the fee shall not exceed five dollars ($5.00) for each resident license or ten dollars ($10.00) for each nonresident license.
B. No license to hunt big game shall be considered to be a proper and valid license unless it indicates, by a stamp, check off or other official mark, that the fee for the big game depredation damage stamp has been paid.
C. Revenues received by the department of game and fish from the sale of big game depredation damage stamps shall be deposited to the credit of the big game depredation damage fund.
History:
Laws 2001, ch. 213, § 1.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-13.4 - Big game depredation damage fund; creation; expenditure.

A. The "big game depredation damage fund" is created in the state treasury. The fund consists of appropriations made to the fund, revenues received by the department of game and fish from the sale of big game depredation damage stamps and earnings from the investment of the fund. The fund shall be administered by the department and money in the fund is appropriated to the department to carry out the provisions of Subsection B of this section. Payments from the fund shall be by warrant of the secretary of finance and administration upon vouchers signed by the director of the department or his authorized representative. Balances in the fund shall not revert to any other fund.
B. The department of game and fish shall, by rule, establish a program to correct damage to federal, state or private land caused by big game and to prevent such damage in the future. Pursuant to rules adopted by the department, expenditures from the big game depredation damage fund shall be made by the department to carry out the established program; provided that money in the fund shall not be expended for any administrative costs.
History:
Laws 2001, ch. 213, § 2.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-13.6 - Disabled military members and veterans; fishing license fee exemption.

The director of the department of game and fish shall issue without any fee on an annual or seasonal basis a fishing license and appropriate habitat management stamp to a disabled member or veteran of the United States armed forces who is undergoing a rehabilitation program that:
A. involves learning and practicing fishing skills;
B. is sponsored by the federal government or a nonprofit organization authorized by the federal government; and
C. is under the direction of a military or federal veterans administration rehabilitation center.
History:
Laws 2010, ch. 72, § 1.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 72, § 2 made the provisions of Laws 2010, ch. 72, § 1 effective July 1, 2010.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-13.7 - Nonresident disabled military members and veterans; hunting licenses at resident fee.

A nonresident disabled active duty member or veteran of the United States armed forces who is undergoing a rehabilitation program that involves hunting activities and that is sponsored by the federal government or a nonprofit organization authorized by the federal government and is under the direction of a military or federal veterans administration rehabilitation center may purchase:
A. a deer license at the resident deer license fee;
B. an antelope license at the resident antelope license fee;
C. an elk license at the resident elk license fee;
D. a javelina license at the resident javelina license fee;
E. a turkey license at the resident turkey license fee; or
F. an oryx license at the resident oryx license fee.
History:
Laws 2011, ch. 45, § 1; 2013, ch. 126, § 1.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, provided for nonresident disabled military members and veterans to hunt oryx at a resident fee; and added Subsection F.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-14 - Director authorized to issue license when agreement to hunt antelope on deeded or leased property is made.

In any case where the department of game and fish enters into an agreement with the owner of deeded property or the lessee of property held under a grazing lease to obtain permission for the hunting of antelope on the property, the director of the department of game and fish is authorized to issue an antelope license free of charge to the owner or lessee of the property in consideration for the permission to hunt on the property.
History:
1953 Comp., § 53-3-6.1, enacted by Laws 1959, ch. 143, § 1; 1961, ch. 17, § 1; 1967, ch. 3, § 1.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-14.1 - Landowner permits for elk.

The director of the department of game and fish shall issue landowner permits for the lawful taking of elk in accordance with regulations of the state game commission.
History:
1978 Comp., § 17-3-14.1, enacted by Laws 1989, ch. 86, § 1.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-14.2 - Landowner permits; management of certain big game species.

The director of the department of game and fish may issue landowner permits for the lawful taking of elk, antelope, oryx, and deer. The permits may be issued when, in the determination of the director, they are necessary to effectively reduce conflicts between humans and wildlife and provide sport-hunting opportunities in accordance with regulations of the state game commission.
History:
Laws 1998, ch. 12, § 1.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-15 - Additional deer license.

A. It is a misdemeanor for any person to procure or use more than one license to hunt big game in one year, except as provided in this section, or to use any tag after it has been used once.
B. For the purpose of effectuating better game management and control, the state game commission may by regulation authorize the sale of not more than one additional deer license each year to any person holding a license that entitled the person to hunt deer during that year. The fee for an additional deer license shall be the resident or nonresident deer license fee pursuant to Section 17-3-13 NMSA 1978.
C. It is a misdemeanor for any person to take or attempt to take a deer with an additional deer license unless the person has the additional deer license and the other license that entitled the person to hunt deer for that year in the person's possession. Possession of an additional deer license without the other license that entitled the person to hunt deer for that year is prima facie evidence of violation of this section.
History:
1953 Comp., § 53-3-6.3, enacted by Laws 1964 (1st S.S.), ch. 17, § 6; 1983, ch. 117, § 3; 2007, ch. 142, § 1.
ANNOTATIONS
Cross references.
— For the resident and nonresident deer license fees,
see
17-3-13 NMSA 1978.
The 2007 amendment,
effective June 15, 2007, provided that the fee for an additional deer license is the resident or nonresident deer license fee.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-16.1 - Bighorn sheep enhancement permits; issuance; use.

A. The state game commission shall direct the department of game and fish to authorize not more than four of the permits available for issuance in the license year for the taking of four bighorn rams for the purpose of raising funds for programs and projects to benefit bighorn sheep.
B. The state game commission shall prescribe by regulation the form, design and manner of issuance of the bighorn sheep enhancement permits. The issuance of two permits shall be subject to auction by the department or by an incorporated nonprofit organization dedicated to conservation of wildlife, as determined by the commission, and shall be sold to the highest bidder. The issuance of the other two permits shall be subject to a lottery by the department or by an incorporated nonprofit organization dedicated to conservation of wildlife, as determined by the commission.
C. All money collected from the issuance and sale of the bighorn sheep enhancement permits shall be credited to the game protection fund to be used exclusively for bighorn sheep preservation, restoration and management.
History:
Laws 1989, ch. 384, § 1; 1999, ch. 81, § 1; 2012, ch. 34, § 1.
ANNOTATIONS
The 2012 amendment,
effective May 16, 2012, authorized additional bighorn sheep enhancement permits; in Subsection A, after "not more than", deleted "two" and added "four" and after "for the taking of", deleted "two" and added "four"; and in Subsection B, in the second sentence, after "The issuance of" deleted "one permit" and added "two permits" and in the third sentence, after "issuance of the other", deleted "permit" and added "two permits".
The 1999 amendment,
effective June 18, 1999, substituted "two" for "one" in two places in Subsection A; and, in Subsection B, substituted "one" for "such" in the next-to-last sentence, added the last sentence, and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-16.2 - Elk enhancement permit; issuance; use.

A. The state game commission shall direct the department of game and fish to authorize two elk enhancement permits each license year for the taking of two elk bulls to raise funds for programs and projects to better manage elk.
B. The state game commission shall prescribe by rule the form, design and manner of issuance of the two elk enhancement permits. The issuance of one permit shall be subject to auction by the department or by an incorporated nonprofit organization dedicated to conservation of wildlife, as determined by the commission, and shall be sold to the highest bidder. The issuance of the other permit shall be subject to a lottery by the department or by an incorporated nonprofit organization dedicated to conservation of wildlife, as determined by the commission.
C. All money collected from the issuance and sale of the elk enhancement permits shall be credited to the game protection fund to be used exclusively for elk restoration and management.
History:
Laws 1999, ch. 69, § 1.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-16.3 - Lieutenant governor's deer enhancement permits; issuance; use.

A. The state game commission shall direct the department of game and fish to authorize two deer enhancement permits each license year for the taking of two deer to raise funds for programs and projects to better manage deer.
B. The state game commission shall prescribe by rule the form, design and manner of issuance of the two deer enhancement permits. The issuance of one permit shall be subject to auction by the department or by an incorporated nonprofit organization dedicated to conservation of wildlife, as determined by the commission, and shall be sold to the highest bidder. The issuance of the other permit shall be subject to a lottery by the department or by an incorporated nonprofit organization dedicated to conservation of wildlife, as determined by the commission.
C. All money collected from the issuance and sale of the lieutenant governor's deer enhancement permits shall be credited to the game protection fund to be used exclusively for deer restoration and management.
History:
Laws 2003, ch. 69, § 1.
ANNOTATIONS
Cross references.
— For general powers and duties of the state game commission and the game protection fund,
see
17-1-14 NMSA 1978.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-16.4 - Gould's turkey enhancement permits; issuance; use.

A. The state game commission may direct the department of game and fish to authorize Gould's turkey enhancement permits for the taking of Gould's turkeys, Meleagris gallopavo mexicana, to raise funds for programs and projects to better manage the Gould's turkey population in New Mexico.
B. The state game commission shall prescribe by rule the form, design and manner of issuance of the Gould's turkey enhancement permits. The issuance of the permits shall be subject to a lottery or auction. Such allotment of the permits may be conducted by an incorporated nonprofit organization dedicated to conservation of wildlife, in cooperation with and overseen by the commission and the department of game and fish.
C. The state game commission shall direct the department of game and fish to authorize Gould's turkey enhancement permits only after the department has documented that the issuance of each enhancement permit will not jeopardize the prospects for the survival and recruitment of the Gould's turkey within New Mexico.
D. Gould's turkey enhancement permits shall be authorized only when doing so does not conflict with the Wildlife Conservation Act [17-2-33 to 17-2-36 NMSA 1978] or any rules implementing that act.
E. Money collected from the issuance and sale of the Gould's turkey enhancement permits shall be credited to the game protection fund to be used exclusively for the restoration and management of Gould's turkeys and Gould's turkey habitats, which support a variety of other unique and rare wildlife of southwestern New Mexico.
History:
Laws 2005, ch. 149, § 1.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 149, § 2 made Laws 2005, ch. 149, § 1 effective July 1, 2005.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-16.5 - Hunting and fishing authorizations; governor's special events.

The director of the department of game and fish may annually make available to the governor no more than twelve big game special authorizations and twelve game bird or trophy fish special authorizations. The authorizations shall be allocated by auction in conjunction with special events called by the governor to raise money for fish and wildlife conservation. Any auction used to allocate an authorization shall comply with rules adopted by the state game commission. Each authorization shall allow the holder to purchase a license to hunt or fish for the species indicated on the authorization during dates and times at locations specified by the state game commission. The director may designate the species allowable for each authorization, but no more than three authorizations shall be issued for any one species each year. Money collected pursuant to the special authorizations of the governor shall be deposited in the game protection fund.
History:
Laws 2007, ch. 105, § 1.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 105, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-16.6 - Enhancement authorization packages; habitat enhancement.

The state game commission shall adopt rules for the department of game and fish to issue enhancement authorization packages each license year for the taking of one each of elk, deer, oryx, ibex and pronghorn antelope. Each enhancement authorization package shall be auctioned by the department of game and fish or by an incorporated nonprofit organization dedicated to the conservation of wildlife and sold to the highest bidder. Money collected from the enhancement authorization packages shall be deposited in the game protection fund and shall be used exclusively for big game habitat enhancement, conservation and protection.
History:
Laws 2007, ch. 243, § 1.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 243 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-18 - Director authorized to issue fishing permit without license to certain handicapped persons.

The director of the department of game and fish is authorized to issue a fishing permit without a license to any group of mentally or physically handicapped persons who participate in a field trip of less than one week's duration under the supervision provided by a special institution or school for handicapped persons.
History:
1953 Comp., § 53-3-9.1, enacted by Laws 1977, ch. 180, § 4.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-19 - Special license; minors fishing on scout property.

Every citizen of the United States who is a resident or nonresident of the state of New Mexico and under the age of eighteen years shall, upon the payment of two dollars ($2.00), be issued a special temporary license to fish for ten days during the proper open season in any waters or streams located on the property owned and operated by the boy scouts of America in Colfax county, New Mexico. Such temporary license shall not authorize fishing in any other waters of this state.
History:
1941 Comp., § 43-309a, enacted by Laws 1949, ch. 149, § 1; 1953 Comp., § 53-3-10; Laws 1983, ch. 117, § 4; 2005, ch. 74, § 3; 2013, ch. 5, § 1.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, created a special temporary fishing license for nonresidents under the age of eighteen; in the first sentence, after "state of New Mexico and", deleted "of the age of fourteen, fifteen, sixteen or seventeen" and added "under the age of eighteen".
The 2005 amendment,
effective April 1, 2006, increased the fee for a special temporary license from $1.50 to $2.00.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-20 - Fee disposition.

Of the two dollars ($2.00) collected for each temporary license issued pursuant to Section 17-3-19 NMSA 1978, one dollar fifty cents ($1.50) shall be paid to the department of game and fish to be credited to the game protection fund and fifty cents ($.50) shall be paid to the vendor of the license.
History:
1941 Comp., § 43-309b, enacted by Laws 1949, ch. 149, § 2; 1953 Comp., § 53-3-11; 2005, ch. 74, § 4.
ANNOTATIONS
The 2005 amendment,
effective April 1, 2006, provided that $1.50 of the fee collected under Section 17-3-19 NMSA 1978, shall be credited to the game protection fund and $0.50 shall be paid to the license vendor.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-21 - [Season and bag limits applicable to minors holding special license.]

All fishing under the privileges granted to the holders of such special licenses shall be in accordance with the seasons and bag limits and other regulations established by the state game commission.
History:
1941 Comp., § 43-309c, enacted by Laws 1949, ch. 149, § 3; 1953 Comp., § 53-3-12.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-22 - [Administration of 17-3-19 to 17-3-22.]

The state game and fish department is hereby charged with the proper administration of this act [17-3-19 to 17-3-22 NMSA 1978].
History:
1941 Comp., § 43-309d, enacted by Laws 1949, ch. 149, § 4; 1953 Comp., § 53-3-13.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-23 - Fishing on lands of New Mexico boy's school near Springer authorized for resident children without a license.

It is lawful for any child who has been committed under the Children's Code [Chapter 32A NMSA 1978] to and is resident at the New Mexico boy's school near Springer, New Mexico to fish without a license in waters located on the property of the school.
History:
1941 Comp., § 43-309e, enacted by Laws 1951, ch. 60, § 1; 1953 Comp., § 53-3-14; Laws 1972, ch. 97, § 69.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-24 - [Supervision of fishing at boys' school.]

Provided however, that such fishing by said wards [resident children] as provided by Section 1 [17-3-23 NMSA 1978] of this act, shall be done under the supervision of the officials of said New Mexico industrial school [boys' school], and in conformity with seasons and bag limits established by the state game commission.
History:
1941 Comp., § 43-309f, enacted by Laws 1951, ch. 60, § 2; 1953 Comp., § 53-3-15.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-25 - Patients at Carrie Tingley crippled children's hospital; fishing on hospital lands by patients; supervision.

Any person between the age of fourteen and the age of majority, who is a patient in the Carrie Tingley crippled children's hospital, may fish without a license in waters located on the property of the Carrie Tingley crippled children's hospital at Truth or Consequences. Fishing shall be done only under the supervision of the officials of the Carrie Tingley crippled children's hospital, and in conformity with seasons and bag limits established by the state game commission.
History:
1953 Comp., § 53-3-15.1, enacted by Laws 1967, ch. 26, § 1; 1973, ch. 138, § 22.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-26 - Taking minnows and nongame fish to sell as bait; license required; exception.

It is unlawful for any person, except children under the age of twelve years, to take from the streams or public waters of this state minnows and nongame fish for the purpose of sale to fishermen or others for bait without having first procured from the state game commission a license therefor as provided in Sections 17-3-26 through 17-3-28 NMSA 1978.
History:
Laws 1939, ch. 27, § 1; 1941 Comp., § 43-313; 1953 Comp., § 53-3-19; Laws 1955, ch. 60, § 1; 1979, ch. 340, § 9.
ANNOTATIONS
License and bond are required of sellers or takers of bait fish.
— This section would seem to point to the conclusion that only those who take minnows and nongame fish from public waters are required to be licensed. However, the first sentence of 17-3-27 NMSA 1978 is phrased in the disjunctive, and the application of that statute is to those engaged in the business of selling minnows and nongame fish or to those who take the minnows and nongame fish from the streams of the state. Thus, not only those who take minnows from the streams are to be licensed and bonded, but also those who otherwise engage in the business of selling them irrespective of where they were originally secured. And if one taking minnows or other nongame fish from private waters sells them, it would appear that he is engaging in a business for which a license and bond are required. 1957 Op. Att'y Gen. No. 57-150.
Including those employed on commission basis.
— Whereas this section and 17-3-27 NMSA 1978 do not apply to persons hired on salary basis for nongame fishing on behalf of a licensee, persons employed by a licensee on a "split the profit" or commission basis are required to be licensed. 1947 Op. Att'y Gen. No. 47-5119.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-27 - Bait license; bond; fee; issuance.

Any person desiring to procure a license for the purpose of engaging in the business of selling minnows and nongame fish for bait or taking minnows and nongame fish from the streams of this state for the purpose of sale to others shall apply to the state game commission for a license. The application shall be upon forms provided by the commission and shall set forth the public streams or waters out of which the applicant intends to take the minnows and nongame fish and the place at which they are to be sold. The application shall be accompanied by a just and reasonable fee as determined by regulation of the state game commission. Upon receipt of the application, it shall be the duty of the state game commission or, when it is not in session, the director of the department of game and fish to pass upon the application and to issue a license authorizing the taking and the manner of taking of the minnows and nongame fish by the applicant from those waters in the state as in the opinion of the state game commission or director will not be detrimental to the public or injurious to protected fish. The license when so issued shall specify the manner of taking and the waters from which the applicant is permitted to take minnows and nongame fish for sale for bait.
History:
Laws 1939, ch. 27, § 2; 1941 Comp., § 43-314; 1953 Comp., § 53-3-20; Laws 1955, ch. 55, § 1; 1992, ch. 29, § 4.
ANNOTATIONS
The 1992 amendment,
effective April 1, 1992, added the present section catchline; in the text, substituted the present third sentence for the former third and fourth sentences, relating to a fee of $20 and a bond of $1,000, in the present fourth sentence, deleted "and bond" following "the application" and inserted "of the department of game and fish"; and made stylistic changes.
This license fee is a regulatory measure
rather than a revenue gathering device. 1965 Op. Att'y Gen. No. 65-18.
County or municipal licenses are not precluded.
— The licensing of bait sellers, under this section, is not a preemption of the field so as to preclude licensing by the county or a municipality of the same business enterprise. 1959 Op. Att'y Gen. No. 59-32.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-28 - [Exceptions from 17-3-26, 17-3-27; taking bait for own use; persons under 15; unlawful to place nongame fish in certain waters.]

Nothing in this act [17-3-26 to 17-3-28 NMSA 1978] shall be construed to prevent licensed fishermen from taking minnows and other nongame fish for his [their] own use for bait; or to any minor under fifteen (15) years of age taking minnows not for resale; provided, however, that it shall be unlawful for licensed fishermen or any other person using nongame fish for bait to place any of such nongame fish which are not used for bait in any waters stocked or reserved for game fish by the state game commission of the state of New Mexico.
History:
Laws 1939, ch. 27, § 3; 1941 Comp., § 43-315; 1953 Comp., § 53-3-21.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-29 - Permit to take game, birds or fish as specimens or for scientific or propagating purposes; eligibility; issuance; contents; nonassignable; sale for food purposes prohibited.

The state director may issue permits to any person to take, capture, kill, transport within or out of the state any game, birds or fish mentioned in this chapter at any time when satisfied that such person desires the same exclusively as specimens or for scientific or propagating purposes. Such permit shall be in writing and shall state the kind and number to be taken and the manner of taking, the name of the person to whom issued, the name of the place to which the same is to be transported and the name of the persons shipping such game, birds or fish, and shall be signed by him. Such permit shall not be transferable nor shall it be lawful to sell or barter any of the animals, birds or fish taken or exported under such permit for food purposes, and the holder of such permit shall be liable to the penalties provided in this chapter if he violates any of its provisions.
History:
Laws 1912, ch. 85, § 42; Code 1915, § 2465; C.S. 1929, § 57-250; 1941 Comp., § 43-317; 1953 Comp., § 53-3-23; Laws 1957, ch. 134, § 1.
ANNOTATIONS
Compiler's notes.
— The words "this chapter" were substituted by the 1915 Code compilers for the words "this act" and may refer to Chapter 47, 1915 Code (composed of Laws 1912, ch. 85). For the disposition of Chapter 47, 1915 Code, in NMSA 1978, see the note to 17-2-11 NMSA 1978. However, the words "this chapter" were also used in Laws 1957, ch. 134, § 1, amending this section, and may therefore refer to Chapter 53, 1953 Comp., the presently effective provisions of which are compiled in this chapter of NMSA 1978, together with subsequently enacted provisions.
State permit not required by federal authorities to kill deer in national park for study.
— The secretary of interior and his subordinates have authority to kill deer within the boundaries of a national park for an ecology study to determine deer range conditions within that park without obtaining state permits.
New Mexico State Game Comm'n v. Udall
, 410 F.2d 1197 (10th Cir.), cert. denied, 396 U.S. 961, 90 S. Ct. 429, 24 L. Ed. 2d 426 (1969).
This section relates to propagation for own use.
— Any person breeding game for sale is required to have a permit under 17-4-8 NMSA 1978. A person desiring to propagate birds only for his own use without barter, sale or exchange may secure a permit under the provisions of this section. 1955 Op. Att'y Gen. No. 55-6176.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-30 - [Sending game animals, birds and fish to officers of other states.]

The state warden [director of the department of game and fish] may, upon application from the game and fish warden or corresponding officer of any other state, procure and transmit to such officer alive specimens of the game animals, birds and fish of this state to be used for scientific or propagating purposes.
History:
Laws 1912, ch. 85, § 43; Code 1915, § 2466; C.S. 1929, § 57-251; 1941 Comp., § 43-318; 1953 Comp., § 53-3-24.
ANNOTATIONS
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.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-31 - [Permit to capture or destroy protected game damaging crops or property; beavers.]

The state game and fish warden [director of the department of game and fish] may grant permits to owners or lessees of land and for the capture or destruction on their lands of any protected game doing damage to their cultivated crops or property; provided, that on said permit or permits so issued as aforesaid, the state game and fish warden shall fix the numerical limit of any protected game so to be captured or destroyed and shall also therein fix the time limit within which any such protected game shall be so captured.
The state game and fish warden shall also grant permits, preferably to owners or lessees of land, for the capture of such beaver as interfere with the operation of any lawful canal, ditch or dam, or cause or threaten the destruction of private property and for the capture of beaver to be transferred from one stream to another; provided, however, that all skins of beaver taken under the provisions of this section shall be turned in to the state game and fish warden, to be by him sold and one-half of the proceeds therefor to be by said state game and fish warden conveyed into the game protection fund and the other one-half of the proceeds to be by said state game and fish warden turned over to the holder of said permit.
History:
Code 1915, ch. 47, § 84, added by Laws 1919, ch. 133, § 9; C.S. 1929, § 57-326; 1941 Comp., § 43-319; 1953 Comp., § 53-3-25.
ANNOTATIONS
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.
Cross references.
— For application of this section to beaver,
see
17-5-2 NMSA 1978.
For permits to take fur-bearing animals doing damage,
see
17-5-3 NMSA 1978.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-32 - Importing game animals; permits.

In order to protect game animals, birds and fish against importation of undesirable species and introduction of infectious or contagious diseases, it is a misdemeanor to import any live animals, birds or fish into this state, except domesticated animals or domesticated fowl or fish from government hatcheries, without first obtaining a permit from the department of game and fish.
History:
Laws 1927, ch. 37, § 1; C.S. 1929, § 57-501; 1941 Comp., § 43-320; 1953 Comp., § 53-3-26; Laws 1963, ch. 213, § 4.
ANNOTATIONS
Fertile eggs come within the classification of live birds.
1955 Op. Att'y Gen. No. 55-6154.
Burden is on importer to prove game birds were domesticated.
— This section requires the person importing any live animals, birds or fish into this state to obtain a permit from the director. It exempts domesticated animals or domesticated fowl, and the burden of proving that any such birds, if within the birds declared to be game birds, were domesticated would fall upon the person desiring to import them without a permit. 1955 Op. Att'y Gen. No. 55-6154.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-32.1 - Exceptions from certain permits.

The provisions of Sections 17-2-14 and 17-3-32 NMSA 1978 shall not apply to any raptor belonging to and used by a nonresident under a valid falconer's license or permit from another state, providing that the importation into and possession within New Mexico is only for purposes of transit or to hunt mammals or birds during legal falconry or nongame seasons; except that any nonresident who uses a raptor to hunt any mammal or bird in New Mexico shall otherwise abide by regulations established with reference to hunting by nonresident falconers in the state.
History:
Laws 1979, ch. 109, § 1.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-33 - Presumption from possession of game or fish without license; showing license to officer.

The possession of game or fish at any time unaccompanied by a proper and valid license, game tag, certificate or permit or invoice, as provided in Chapter 17 NMSA 1978, shall be prima facie evidence that such game or fish was unlawfully taken and is unlawfully held in possession, and it shall be the duty of every person having possession or control of game or fish to produce the proper license, game tag, certificate, permit or invoice when one is required by Chapter 17 NMSA 1978 on demand of any officer, and to permit the same to be copied by such officer. Violation of any provision of this section is a misdemeanor and is punishable as provided by Section 17-2-10 NMSA 1978.
History:
Laws 1912, ch. 85, § 14; Code 1915, § 2437; C.S. 1929, § 57-222; 1941 Comp., § 43-321; 1953 Comp., § 53-3-27; 1979, ch. 340, § 10.
ANNOTATIONS
Cross references.
— For invoice upon sale from licensed lake or park,
see
17-4-16 to 17-4-20 NMSA 1978.
Documentation required.
— Since a tag is not the only form of documentation recognized by game and fish laws, and since a tag, even when required, need not be directly affixed to game animal parts stored or displayed within a home, a reasonable officer with a working knowledge of game and fish laws would not have assumed that the game animal parts visible within defendant's home were "unaccompanied" by proper documentation merely because they were untagged.
State v. Moran
, 2008-NMCA-160, 145 N.M. 297, 197 P.3d 1079.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-34 - Revocation of license, certificate or permit for violation of law; notice and hearing; judicial review.

A. If the holder of any license, certificate or permit persistently, flagrantly or knowingly violates or countenances the violation of any of the provisions of Chapter 17 NMSA 1978 or of any regulations referred to in Section 17-2-10 NMSA 1978, the license, certificate or permit shall be revoked by the state game commission after reasonable notice given the accused of the alleged violation and after the accused is afforded an opportunity to appear and show cause against the charges.
B. At the hearing, the state game commission shall cause a record of the hearing to be made and shall allow the person charged to examine witnesses testifying at the hearing. Any person whose license, certificate or permit has been revoked by the commission may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History:
Laws 1912, ch. 85, § 35; Code 1915, § 2458; C.S. 1929, § 57-244; 1941 Comp., § 43-322; 1953 Comp., § 53-3-28; Laws 1977, ch. 290, § 4; 1998, ch. 55, § 26; 1999, ch. 265, § 27.
ANNOTATIONS
Cross references.
— For procedures governing administrative appeals to the district court,
see
Rule 1-074 NMRA.
The 1999 amendment,
effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection B.
The 1998 amendment,
effective September 1, 1998, in Subsection A, deleted "shall" following "permit", substituted "violates" for "violate" and "countenances" for "countenance", inserted "after the accused is afforded" and deleted "afforded" following "opportunity"; and rewrote Subsection B.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 2 - REGULATED SHOOTING PRESERVE ACT › Section 17-3-35 - Short title.

This act [17-3-35 to 17-3-42 NMSA 1978] may be cited as the Regulated Shooting Preserve Act.
History:
1953 Comp., § 53-3-29, enacted by Laws 1957, ch. 194, § 1.
ANNOTATIONS
Cross references.
— For licensed private parks or lakes,
see
17-4-8 to 17-4-28 NMSA 1978.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 2 - REGULATED SHOOTING PRESERVE ACT › Section 17-3-36 - Regulated shooting preserves; fees.

The state game commission may issue licenses authorizing the establishment and operation of regulated propagated game bird shooting preserves on private lands when in the judgment of the commission such areas will not conflict with any reasonable prior interest. The commission shall govern and prescribe by regulation the following:
A. the minimum and maximum size of the areas, including the type of fences and signs;
B. the method of hunting;
C. the open and closed seasons, which need not conform to the regular hunting seasons;
D. the releasing, possession and use of legally propagated pen-raised game birds on the preserves; and
E. the fee for the licenses, which shall be just and reasonable.
History:
1953 Comp., § 53-3-30, enacted by Laws 1957, ch. 194, § 2; 1992, ch. 29, § 5.
ANNOTATIONS
The 1992 amendment,
effective April 1, 1992, deleted the former second sentence, which read "The fee for such permit shall be twenty-five dollars ($25.00) per license year"; in Subsection D, substituted "game birds on the preserves" for "game birds thereon"; and added Subsection E and made related stylistic changes.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 2 - REGULATED SHOOTING PRESERVE ACT › Section 17-3-37 - Definition.

"Game bird," as used in the Regulated Shooting Preserve Act [17-3-35 to 17-3-42 NMSA 1978], means pheasant, quail, chukar and mallards.
History:
1953 Comp., § 53-3-31, enacted by Laws 1957, ch. 194, § 3; 1961, ch. 33, § 1; 1967, ch. 5, § 1.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 2 - REGULATED SHOOTING PRESERVE ACT › Section 17-3-38 - Tags.

All game birds taken from preserves shall be tagged, with tags to be furnished by the commission at a reasonable fee, before being transported.
History:
1953 Comp., § 53-3-32, enacted by Laws 1957, ch. 194, § 4.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 2 - REGULATED SHOOTING PRESERVE ACT › Section 17-3-39 - Special nonresident licenses.

The commission may issue special nonresident bird licenses to nonresidents to hunt on regulated shooting preserves with the owner's consent for legally propagated game birds upon the payment of a license fee of five dollars and twenty-five cents ($5.25). The license must be carried on the person at all times when hunting on private shooting preserves.
Five dollars ($5.00) of the special nonresident bird license fee is to be paid to the state game and fish department. Twenty-five cents ($.25) of the fee is to be retained by the issuing agent.
History:
1953 Comp., § 53-3-33, enacted by Laws 1957, ch. 194, § 5.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 2 - REGULATED SHOOTING PRESERVE ACT › Section 17-3-40 - Regular licenses.

Residents or nonresidents may hunt on private shooting preserves when possessed of the appropriate bird or hunting license. All hunting on shooting preserves covered in the Regulated Shooting Preserve Act shall be done only with the consent of the owner of the private preserve.
History:
1953 Comp., § 53-3-34, enacted by Laws 1957, ch. 194, § 6; 2011, ch. 186, § 6.
ANNOTATIONS
The 2011 amendment,
effective April 1, 2012, eliminated the category of general hunting license.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 2 - REGULATED SHOOTING PRESERVE ACT › Section 17-3-41 - Commercial operation of.

Operators of private shooting preserves may charge fees for hunting on the preserves.
History:
1953 Comp., § 53-3-35, enacted by Laws 1957, ch. 194, § 7.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 2 - REGULATED SHOOTING PRESERVE ACT › Section 17-3-42 - Revocation of permits.

Any permit issued under the Private [Regulated] Shooting Preserve Act [17-3-35 to 17-3-42 NMSA 1978] may be revoked for a violation of any provision or any regulation made by the commission relating to the act.
History:
1953 Comp., § 53-3-36, enacted by Laws 1957, ch. 194, § 8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 3 - AIRBORNE HUNTING ACT › Section 17-3-43 - Short title.

Sections 17-3-43 through 17-3-47 NMSA 1978 may be cited as the "Airborne Hunting Act".
History:
1953 Comp., § 53-3-37, enacted by Laws 1973, ch. 13, § 1.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 3 - AIRBORNE HUNTING ACT › Section 17-3-44 - Definitions.

As used in the Airborne Hunting Act [17-3-43 to 17-3-47 NMSA 1978]:
A. "aircraft" means any contrivance used for flight in the air; and
B. "menacing" means threatening, harassing or having the intent to injure, capture or kill.
History:
1953 Comp., § 53-3-38, enacted by Laws 1973, ch. 13, § 2.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 3 - AIRBORNE HUNTING ACT › Section 17-3-45 - Shooting from aircraft; causing injury by aircraft; penalty.

It is a misdemeanor punishable by imprisonment in excess of six months but less than one year or a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for any person while airborne in an aircraft to:
A. shoot or attempt to shoot for the purpose of injuring, capturing or killing any bird, fish or other animal;
B. fly or attempt to fly the aircraft in any manner intentionally menacing to any bird, fish or other nondomestic animal which causes the bird, fish or other nondomestic animal to move from its chosen place of rest or change its direction of travel; or
C. knowingly participate in using an aircraft for any purpose referred to in Subsection A or B.
History:
1953 Comp., § 53-3-39, enacted by Laws 1973, ch. 13, § 3.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
35 Am. Jur. 2d Fish and Game § 47.