reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 5 - Trappers and Fur Dealers › Section 17-5-7 - [Disposition of license fees.]

All fees for trappers' licenses and fur dealers' licenses shall be collected by the state game warden [director of the department of game and fish] and turned over to the state treasurer to be credited to the game protection fund; provided, that license vendors shall retain ten cents (10 ) for each license sold as compensation for his [their] services, but no regular employee of the state game department shall be entitled to such fee.
History:
Laws 1939, ch. 178, § 7; 1941 Comp., § 43-507; 1953 Comp., § 53-5-7.
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 disposition of fees collected under fish and game laws,
see
17-1-14 NMSA 1978.
For amount of license fees,
see
17-3-13 NMSA 1978.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 5 - Trappers and Fur Dealers › Section 17-5-8 - [Officers authorized to enforce act.]

All peace officers, port of entry employees [employees of the motor transportation divisions of the taxation and revenue department] and deputy game wardens [conservation officers] are hereby authorized and required to cooperate fully with the state game commission in the enforcement of this act [17-5-1 to 17-5-9 NMSA 1978]. It shall be the duty of all such persons to make searches, seizures and arrests as in the case of other misdemeanors.
History:
Laws 1939, ch. 178, § 9; 1941 Comp., § 43-509; 1953 Comp., § 53-5-9.
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.
Compiler's notes.
— The law establishing ports of entry was repealed by Laws 1939, ch. 73, § 24, and the equipment and funds of ports of entry were transferred to the board of supervisors of the New Mexico state police by § 8 of said act. Laws 1939, ch. 73, also created a new division of the New Mexico state police named "the division of field administration," the duties of such division being similar to those formerly performed by the ports of entry. The division of field administration of the state police was changed to the division of courtesy and information of the state of New Mexico by Laws 1941, ch. 147, § 24, which act was then superseded by Laws 1943, ch. 125, which created a department of courtesy and information and transferred property used at ports of entry to the new department. However, by Laws 1967, ch. 97, § 41, such property was transferred to the motor transportation department, which has now been abolished by Laws 1977, ch. 250, § 4, and the motor transportation division of the taxation and revenue department has been established and operates the former ports of entry. See 9-11-4, 65-5-1 to 65-5-3 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Jury trial in case of seizure or destruction of appliances, 17 A.L.R. 574, 50 A.L.R. 97.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 5 - Trappers and Fur Dealers › Section 17-5-9 - Penalty; revocation of license; sale of pelts.

Any person who violates or aids, abets or assists in the violation of any provision of Sections 17-5-1 through 17-5-9 NMSA 1978 or any person who makes any false statement as to the residence of any applicant for a trapper's license or fur dealer's license or any nonresident who fraudulently procures a resident license is guilty of a misdemeanor. In addition, the department of game and fish may revoke, for the year in which the violation occurred, the trapper's or fur dealer's license of any person convicted. All skins, pelts or furs involved in the violation remain the property of the state and shall be sold for the benefit of the game protection fund.
History:
Laws 1939, ch. 178, § 10; 1941 Comp., § 43-510; 1953 Comp., § 53-5-10; Laws 1963, ch. 213, § 7.
ANNOTATIONS
Cross references.
— For power of commission to withhold license,
see
17-1-14 NMSA 1978.
For seizure and destruction of illegal traps or devices,
see
17-2-20 NMSA 1978.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 6 - Habitat Protection › Section 17-6-1 - Short title.

This act [17-6-1 to 17-6-11 NMSA 1978] may be cited as the "Habitat Protection Act".
History:
1953 Comp., § 53-6-1, enacted by Laws 1973, ch. 242, § 1.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 6 - Habitat Protection › Section 17-6-2 - Definitions.

As used in the Habitat Protection Act:
A. "commission" means the state game commission;
B. "cross-country" means travel over the countryside other than by road;
C. "vehicle" means any motor-powered mechanical device used for conveyance; and
D. "road" means any maintained or unmaintained right-of-way that has been utilized by the public and includes roads, streets, highways and state scenic, recreation or historical trails.
History:
1953 Comp., § 53-6-2, enacted by Laws 1973, ch. 242, § 2.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 6 - Habitat Protection › Section 17-6-3 - Restrictions on motor vehicle use; recommendations; rules and regulations.

A. When the commission determines that the operation of vehicles within a certain area is or may be damaging to wildlife reproduction, wildlife management or the wildlife habitat of the area, the department, with the concurrence of the private land owner or the land management agency involved, after proper notice, shall hold public meetings in the area affected, on the necessity and desirability of closing such lands to the operation of any vehicles for a stated definite period. Upon finding, after public meetings, that the use of vehicles on such lands is or may be damaging to wildlife reproduction or habitat and that it is necessary and desirable to close such lands to vehicles in order to avoid such damage, the commission shall make and publish an order closing such lands to vehicle operation except on established roads that are marked by appropriate signs.
B. The commission may also recommend to the appropriate land management agency or the legislature that particular areas of land be set aside or made available for recreational vehicles.
C. The commission may also enter into agreements with or recommend to public land management agencies that certain areas be closed to camping during particular open hunting seasons or that camping be permitted only in designated areas during such open hunting seasons.
D. The commission may enter into agreements with private land owners and land management agencies controlling areas that the commission has made recommendations on pursuant to Subsection B of this section. Any such agreement shall stipulate the restrictions, prohibitions and permitted uses of vehicles in such area and the duties of the commission and such private land owner or land management agency relating to the enforcement of the terms of such agreement. Agreements with private land owners may also include provisions for sharing costs of performing any of the functions as set forth in Section 17-6-7 NMSA 1978.
E. The commission shall adopt and file, in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978], rules and regulations necessary to carry out the provisions of the Habitat Protection Act, including regulations setting out procedures for hearings and notice.
History:
1953 Comp., § 53-6-3, enacted by Laws 1973, ch. 242, § 3; 1975, ch. 66, § 1.
ANNOTATIONS
Cross references.
— For Off-Highway Motor Vehicle Act,
see
66-3-1001 to 66-3-1020 NMSA 1978.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 6 - Habitat Protection › Section 17-6-4 - Notices of restrictions; posting; publication.

A. For all areas closed to vehicles pursuant to Section 17-6-3 NMSA 1978, the commission shall cause notices of the restrictions, prohibitions or permitted uses of such areas to be posted prior to their effective date on the main traveled roads entering such areas and at such other locations as the commission deems appropriate.
B. In addition to the public meetings required by Section 17-6-3 NMSA 1978 and posted notices required by Subsection A of this section, the commission shall publish a notice of such restrictions, prohibitions or permitted uses, together with a description of the area, in a newspaper of general circulation in the area of the state affected, for three consecutive weeks prior to the effective date of such restrictions, prohibitions or permitted uses. Copies of the notices of restrictions, prohibitions or permitted uses together with a description or appropriate map of the area affected by the notices shall be made available to the public by the commission.
History:
1953 Comp., § 53-6-4, enacted by Laws 1973, ch. 242, § 4.
ANNOTATIONS
Cross references.
— For destroying boundary markers,
see
17-4-32 NMSA 1978.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 6 - Habitat Protection › Section 17-6-5 - Prohibition against vehicle travel.

It is unlawful for any person to drive a vehicle cross-country on lands where such cross-country driving is prohibited by rule or regulation. Conservation officers may issue citations to and may arrest any person violating the provisions of this section.
History:
1953 Comp., § 53-6-5, enacted by Laws 1973, ch. 242, § 5; 1975, ch. 86, § 2.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 6 - Habitat Protection › Section 17-6-6 - Exceptions.

The restrictions, prohibitions or permitted uses established pursuant to the Habitat Protection Act do not apply to:
A. public employees acting in the scope of their employment;
B. valid licensees, permittees, lessees or their assignees or designees, of state agencies or public land management agencies, when traveling in the areas or for the specific purposes for which such licenses, permits, leases, assignments or designations were issued or granted; and
C. emergency situations such as fire or other disasters, or where necessary to protect life or property.
History:
1953 Comp., § 53-6-6, enacted by Laws 1973, ch. 242, § 6.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 6 - Habitat Protection › Section 17-6-7 - Expenditure of funds; functions.

The commission may expend such funds as become available from the game protection fund, state or federal grants or other sources to carry out the provisions of the Habitat Protection Act including, but not limited to:
A. investigations and surveys of actual or possible wildlife habitat damage by vehicles and the study of areas to be recommended for recreational vehicle use;
B. posting notices of restrictions, prohibitions and permitted use of vehicles;
C. providing maps and other necessary information to the public;
D. an informational and educational program on wildlife habitat preservation and restoration; or
E. the enforcement of the provisions of the Habitat Protection Act.
History:
1953 Comp., § 53-6-7, enacted by Laws 1973, ch. 242, § 7.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 6 - Habitat Protection › Section 17-6-8 - Limitation of liability on landowners.

No person or corporation, or their successors in interest, who has granted a right-of-way or easement across his land to the commission for use under the Habitat Protection Act shall be liable to any user of the land for injuries suffered on said right-of-way or easement unless the injuries are caused by the willful or wanton misconduct of the grantor.
History:
1953 Comp., § 53-6-8, enacted by Laws 1973, ch. 242, § 8.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 6 - Habitat Protection › Section 17-6-9 - Enforcement.

All peace officers of the state, counties and municipalities and other duly authorized state authorities shall enforce the provisions of the Habitat Protection Act.
History:
1953 Comp., § 53-6-9, enacted by Laws 1973, ch. 242, § 9.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 6 - Habitat Protection › Section 17-6-10 - Commissioner of public lands exempt.

Nothing contained in the Habitat Protection Act shall alter, change, restrict or diminish the rights, powers and duties of the commissioner of public lands in the administration, management, care and control of state trust lands as provided for by the Enabling Act and other applicable state statutes.
History:
1953 Comp., § 53-6-10, enacted by Laws 1973, ch. 242, § 10.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 6 - Habitat Protection › Section 17-6-11 - Violations; penalty.

Any person who violates any provision of the Habitat Protection Act or any rule or regulation adopted pursuant thereto is guilty of a misdemeanor.
History:
1953 Comp., § 53-6-11, enacted by Laws 1973, ch. 242, § 11.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 7 - Shooting Range Fund › Section 17-7-1 - Short title.

This act [17-7-1 to 17-7-3 NMSA 1978] may be cited as the "Shooting Range Fund Act".
History:
1953 Comp., § 53-7-1, enacted by Laws 1976 (S.S.), ch. 43, § 1.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 7 - Shooting Range Fund › Section 17-7-2 - Fund created.

There is created in the state treasury a special fund to be known as the "shooting range fund". All money appropriated to this fund or accruing to it as a result of gift, deposit or from other sources, except interest earned on the fund which shall be credited to the general fund, shall not be transferred to another fund or encumbered or disbursed in any manner except as provided in the Shooting Range Fund Act. Appropriated money in the fund shall not revert to the general fund. Money in the fund shall be used for construction or improvement of public shooting ranges pursuant to the Shooting Range Fund Act. Disbursements from the fund shall be made only upon warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the director of the department of game and fish.
History:
1953 Comp., § 53-7-2, enacted by Laws 1976 (S.S.), ch. 43, § 2; 1977, ch. 247, § 163; 1989, ch. 324, § 11.
ANNOTATIONS
The 1989 amendment,
effective April 7, 1989, deleted "investments" following "deposit" in the second sentence.
General rule is that interest is accretion or increment to principal
fund earning it, and becomes a part of that fund. 1980 Op. Att'y Gen. No. 80-17.
Interest earned credited to shooting range fund, not state fund.
— Any interest earned on the investment of money in the shooting range fund must be credited to that fund, not the state general fund. 1980 Op. Att'y Gen. No. 80-17.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 7 - Shooting Range Fund › Section 17-7-3 - Administration.

A. The state game commission shall administer the provisions of the Shooting Range Fund Act and shall, pursuant to the State Rules Act [Chapter 14, Article 4 NMSA 1978], adopt such rules and regulations as deemed necessary to carry out the provisions of the Shooting Range Fund Act.
B. Rules and regulations shall include:
(1) a method for the determination of a county or municipality eligibility for grants from the shooting range fund;
(2) procedures for applications, approvals and rejections of grant proposals;
(3) a requirement that a county or municipality contribute at least twenty-five percent of the cost necessary to complete a shooting range grant proposal;
(4) a requirement that one-half of the local contribution required by Paragraph (3) of this subsection is to be money;
(5) a requirement that a shooting range project shall be undertaken in accordance with specifications determined by the department of game and fish. Such specifications may provide for pistol, rifle, shotgun and archery facilities; and
(6) provisions for the operation and maintenance of shooting range facilities.
C. Grants from the shooting range fund shall be awarded by the state game commission only for new public shooting range construction or for improvements to existing public shooting ranges. No funds shall be approved for maintenance of shooting ranges nor for shooting range renovation prior to 1980. No grant from the money appropriated to the shooting range fund shall exceed:
(1) twenty-five percent of the cost of any one project; nor
(2) more than ten percent of the amount appropriated to the shooting range fund by the Shooting Range Fund Act.
D. The state game commission may expend not more than five percent of the appropriated money in the shooting range fund each fiscal year for administrative purposes to carry out the provisions of the Shooting Range Fund Act.
History:
1953 Comp., § 53-7-3, enacted by Laws 1976 (S.S.), ch. 43, § 3.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 8 - Sport Shooting Range › Section 17-8-1 - Short title.

This act [17-8-1 to 17-8-6 NMSA 1978] may be cited as the "Sport Shooting Range Act".
History:
Laws 2002, ch. 72, § 1.
ANNOTATIONS
Cross references.
— For municipal zoning regulations,
see
3-21-1 to 3-21-26 NMSA 1978.
For abatement of a public nuisance,
see
30-8-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 8 - Sport Shooting Range › Section 17-8-2 - Purpose of act.

The purpose of the Sport Shooting Range Act is to protect the normal operation and use of sport shooting ranges by establishing when a person who owns, operates or uses a sport shooting range is liable for civil penalties.
History:
Laws 2002, ch. 72, § 2.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 8 - Sport Shooting Range › Section 17-8-3 - Definition.

As used in the Sport Shooting Range Act, a "sport shooting range" is an area designed and operated for the use of rifles, shotguns or pistols as a means of silhouette, skeet, trap, black powder or other sport shooting or firearms training.
History:
Laws 2002, ch. 72, § 3.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 8 - Sport Shooting Range › Section 17-8-4 - Immunity from nuisance actions based on noise or noise pollution.

A. The use or operation of a sport shooting range shall not be enjoined as a nuisance on the basis of noise or noise pollution:
(1) if the sport shooting range is in compliance with noise control statutes, rules or ordinances that apply to the range and its operation at the time that the initial operation of the range commenced;
(2) due to changes made to noise control statutes, rules or ordinances that apply to the sport shooting range and its operation, if the changes take effect after the initial operation of the range commenced; or
(3) if noise control statutes, rules or ordinances were not in effect at the time that the original operation of the sport shooting range commenced.
B. The use or operation of a sport shooting range may not be enjoined as a nuisance on the basis of noise or noise pollution by a person who acquires an interest in real property adversely affected by the normal operation and use of a sport shooting range that commenced operation prior to the time the person acquired the interest in real property.
History:
Laws 2002, ch. 72, § 4.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 8 - Sport Shooting Range › Section 17-8-6 - Exemptions.

The provisions of the Sport Shooting Range Act do not apply:
A. to recovery for an act or omission relating to recklessness, negligence, wanton misconduct or willful misconduct in the operation or use of a sport shooting range;
B. to a nuisance action on the basis of trespass involving the operation or use of a sport shooting range;
C. to the operation or use of a sport shooting range that substantially and adversely affects public health or public safety; or
D. if there has been a substantial change in the primary use of a sport shooting range.
History:
Laws 2002, ch. 72, § 6.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 9 - Wildlife Corridors › Section 17-9-1 - Short title.

Chapter 17, Article 9 NMSA 1978 may be cited as the "Wildlife Corridors Act".
History:
Laws 2019, ch. 97, § 1; 2023, ch. 27, § 1.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, deleted "This act" and added "Chapter 17, Article 9 NMSA 1978".
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 9 - Wildlife Corridors › Section 17-9-2 - Definitions.

As used in the Wildlife Corridors Act:
A. "human-caused barrier" means a road, culvert, commercial or residential development or other human-made structure that has the potential to affect the natural movement of wildlife across the landscape;
B. "large mammal" includes mule deer, elk, pronghorn antelope, bighorn sheep, black bear and mountain lions;
C. "species of concern" means a wildlife species identified by the department of game and fish as being adversely affected by habitat fragmentation exacerbated by human-caused barriers and the high potential of wildlife-vehicle collisions; and
D. "wildlife corridors" means those areas used routinely by wildlife to travel through their habitat and includes corridors used by migrating wildlife.
History:
Laws 2019, ch. 97, § 2.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 97 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 9 - Wildlife Corridors › Section 17-9-4 - Prioritized wildlife corridors project list; publication.

A. As part of the wildlife corridors action plan, the department of game and fish and the department of transportation shall publish a prioritized "wildlife corridors project list" of projects to be undertaken.
B. The department of game and fish and the department of transportation shall prioritize projects within the wildlife corridors project list by assessing the following criteria, listed in order of importance:
(1) the potential to reduce wildlife-vehicle collision and enhance safety to the traveling public;
(2) the relative current population size of select large mammal species and species of concern or the value of proposed infrastructure that will improve wildlife corridors;
(3) the feasibility and constructability of wildlife corridors infrastructure;
(4) the potential costs and economics of wildlife corridors infrastructure, including benefits or other effects on local communities;
(5) local community support for proposed wildlife corridors infrastructure;
(6) the value of the project to native large mammals and other native species; and
(7) surrounding land-use and ownership, especially tribal lands, and an evaluation of the need for conservation easements or other real estate instrument necessary to maintain the viability of a proposed wildlife corridor.
C. On an annual basis following the issuance of the first wildlife corridors project list, the department of game and fish and the department of transportation shall issue a report to the governor and the legislature stating the progress toward completing the enumerated projects as of the current fiscal year. The report shall represent progress toward completion of a project as a percentage, with a corresponding explanation for the represented number and plans for future progress.
History:
Laws 2019, ch. 97, § 4.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 97 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 9 - Wildlife Corridors › Section 17-9-5 - Wildlife corridors fund; created; purpose.

A. The "wildlife corridors fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants, donations, income from investment of the fund and any other money distributed or otherwise allocated to the fund. The department of transportation shall administer the fund, and money in the fund is appropriated to the department of transportation for the purposes set forth in Subsection B of this section. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of transportation or the secretary's authorized representative.
B. Money in the wildlife corridors fund shall be used:
(1) to provide safe road crossings for wildlife and reduce wildlife-vehicle collisions, including the projects contained in the wildlife corridors project list prepared as a part of the wildlife corridors action plan pursuant to Section 17-9-3 NMSA 1978;
(2) for costs related to:
(a) project feasibility studies;
(b) planning, construction, retrofitting and maintenance of wildlife road crossing infrastructure;
(c) roadkill tracking and studies;
(d) animal detection systems;
(e) signage;
(f) exclusionary fencing;
(g) wildlife jump outs; and
(h) private land conservation efforts;
(3) to provide matching money as required by federal grant programs relating to wildlife corridor projects; and
(4) for administrative and personnel expenses related to the purposes of the fund as set forth in this subsection.
C. The department of transportation shall:
(1) consult with the department of game and fish concerning the distribution of money from the wildlife corridors fund for the purposes set forth in Subsection B of this section and, if the money is distributed to a project on or adjacent to lands owned by Indian nations, tribes or pueblos, consult with the appropriate tribal government; and
(2) consider distributing money from the fund to projects to fill funding gaps for wildlife road crossings and connectivity that are not otherwise budgeted or required for projects under other federal or state obligation.
D. By October 1, 2024, and by October 1 of each year thereafter, the department of transportation shall provide a report to the governor and the legislative finance committee regarding:
(1) an aggregate accounting of all money expended from the wildlife corridors fund during the prior fiscal year; and
(2) a listing of all projects receiving funding from the fund and the amount of funding for each project during the prior fiscal year.
History:
Laws 2023, ch. 27, § 2.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 27, § 3 made Laws 2023, ch. 27, § 2 effective July 1, 2023.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 10 - Wildlife Trafficking › Section 17-10-1 - Short title.

This act [17-10-1 to 17-10-6 NMSA 1978] may be cited as the "Wildlife Trafficking Act".
History:
Laws 2020, ch. 77, § 1.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 77, § 7 made Laws 2020, ch. 77, § 1 effective July 1, 2020.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 10 - Wildlife Trafficking › Section 17-10-2 - Definitions.

As used in the Wildlife Trafficking Act:
A. "covered animal part or product" means any portion of a covered animal species; any item that contains, is advertised as containing or is wholly or partially made from a part that comes from a covered animal species; or shark fins;
B. "covered animal species" means any extant species of elephant, lion, rhinoceros or other species covered by Appendix 1 of the Convention on International Trade in Endangered Species of Wild Fauna and Flora;
C. "distribute" means either a change in possession for consideration or a change in legal ownership;
D. "educational or scientific institution" means an institution that has an educational or scientific tax exemption from the federal internal revenue service or the institution's national or state tax authority;
E. "sell" includes bartering for, exchanging, trading or possessing with the intent to sell and each such transaction made by any person, with or without remuneration, including any intrastate sale through the internet; and
F. "total value of the covered animal species or covered animal part or product" means the fair market value of such part or product, the price at which the part or product was offered for sale or the actual price paid for the part or product, whichever is greater.
History:
Laws 2020, ch. 77, § 2.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 77, § 7 made Laws 2020, ch. 77, § 2 effective July 1, 2020.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 10 - Wildlife Trafficking › Section 17-10-3 - Prohibited acts.

A. Except as provided in Section 4 [17-10-4 NMSA 1978] of the Wildlife Trafficking Act, it is unlawful for a person to knowingly sell or purchase any covered animal species or covered animal part or product.
B. The act of obtaining an appraisal of any covered animal species or covered animal part or product alone does not constitute possession with intent to sell.
History:
Laws 2020, ch. 77, § 3.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 77, § 7 made Laws 2020, ch. 77, § 3 effective July 1, 2020.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 10 - Wildlife Trafficking › Section 17-10-4 - Exceptions.

It is not a violation of Section 3 [17-10-3 NMSA 1978] of the Wildlife Trafficking Act if any of the following conditions are satisfied:
A. the covered animal part or product is a fixed component of an antique product that is not made wholly or primarily of covered animal parts or products; provided that the antique status is established by the owner or seller with evidence proving origin and showing that:
(1) the covered animal part or product is more than one hundred years old;
(2) the total weight of the covered animal part or product is less than two hundred grams; and
(3) at least fifty percent of the value of the antique product does not stem from the covered animal part or product;
B. the covered animal part or product is a component of a gun or musical instrument, including stringed instruments and bows, wind and percussion instruments and pianos;
C. the covered animal species or covered animal part or product is lawfully possessed by an enrolled member of a federally recognized Indian nation, tribe or pueblo for traditional, cultural or religious purposes;
D. the owner distributed the covered animal species or covered animal part or product to an educational or scientific institution, and such institution establishes, through evidence, that it is in compliance with all federal laws regulating the covered animal species or covered animal part or product;
E. the noncommercial transfer of ownership of the covered animal species or covered animal part or product is to a legal beneficiary of an estate, trust or other inheritance upon the death of the owner of the covered animal species or covered animal part or product or is a gift;
F. the sale, trade or purchase of the covered animal species or covered animal part or product is authorized by the Convention on International Trade in Endangered Species of Wild Fauna and Flora or by federal or state law or permit; or
G. the alleged violation of a provision of Section 3 of the Wildlife Trafficking Act is by an employee or agent of a federal, state or local law enforcement agency who is operating in the employee's or agent's official capacity as a federal, state or local law enforcement officer.
History:
Laws 2020, ch. 77, § 4.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 77, § 7 made Laws 2020, ch. 77, § 4 effective July 1, 2020.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 10 - Wildlife Trafficking › Section 17-10-5 - Criminal and civil penalties.

A. A person who violates Section 3 [17-10-3 NMSA 1978] of the Wildlife Trafficking Act is guilty of a misdemeanor and upon conviction shall be punished pursuant to the provisions of Section 31-19-1 NMSA 1978.
B. Each covered animal species or covered animal part or product sold or purchased in violation of Section 3 of the Wildlife Trafficking Act is a separate offense. Two or more offenses may be charged in the same complaint, information or indictment and punished as separate offenses for each covered animal species or covered animal part or product involved.
C. With or without a criminal conviction, a person who violates Section 3 of the Wildlife Trafficking Act and anyone who benefited or would have benefited from the violation may be sued in district court and is subject to a penalty not to exceed ten thousand dollars ($10,000) or three times the total value of the covered animal species or covered animal part or product, whichever is greater.
D. Upon conviction in a criminal court or a finding in a civil court for a violation of Section 3 of the Wildlife Trafficking Act, the court shall order that the covered animal species or covered animal part or product be:
(1) given to the United States fish and wildlife service, if requested by that agency;
(2) destroyed; or
(3) donated to an educational or scientific institution.
History:
Laws 2020, ch. 77, § 5.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 77, § 7 made Laws 2020, ch. 77, § 5 effective July 1, 2020.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 10 - Wildlife Trafficking › Section 17-10-6 - Enforcement authority.

A. The criminal enforcement provisions of the Wildlife Trafficking Act may be enforced by any commissioned law enforcement officer, including an officer employed by the department of game and fish and the state parks division of the energy, minerals and natural resources department.
B. The civil enforcement provision of the Wildlife Trafficking Act may be enforced by any agency or political subdivision of the state that employs commissioned law enforcement officers or by any person authorized by the attorney general.
History:
Laws 2020, ch. 77, § 6.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 77, § 7 made Laws 2020, ch. 77, § 6 effective July 1, 2020.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 11 - Wildlife Conservation and Public Safety › Section 17-11-1 - Short title.

Chapter 17, Article 11 NMSA 1978 may be cited as the "Wildlife Conservation and Public Safety Act".
History:
1978 Comp., § 17-11-1, enacted by Laws 2021, ch. 25, § 1.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 25, § 6 made Laws 2021, ch. 25, § 1 effective April 1, 2022.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 11 - Wildlife Conservation and Public Safety › Section 17-11-3 - Prohibitions on public land.

It is a violation of the Wildlife Conservation and Public Safety Act to use a trap, snare or wildlife poison for purposes of capturing, injuring or killing an animal on public land except as provided in Section 17-11-4 NMSA 1978.
History:
1978 Comp., § 17-11-3, enacted by Laws 2021, ch. 25, § 3.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 25, § 6 made Laws 2021, ch. 25, § 3 effective April 1, 2022.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 11 - Wildlife Conservation and Public Safety › Section 17-11-4 - Exceptions.

The provisions of the Wildlife Conservation and Public Safety Act do not apply to:
A. the taking of wildlife with firearms, fishing equipment, archery equipment, falconry equipment or other implements in hand, when used as authorized by law;
B. the taking or control of birds, fish or rodents not defined as furbearers in Section 17-5-2 NMSA 1978;
C. a government entity acting in the course of its official duties to prevent or mitigate actual threats to human health and safety;
D. ecosystem management conducted by the department, the United States fish and wildlife service or a conservancy district of the state or its employee, agent or representative acting in the course of its official duties;
E. bona fide scientific research;
F. depredation trapping conducted by the department or a designated agent of the department using non-lethal traps or non-lethal snares, but only when accompanied by visible signs at the location of each device notifying the public of the presence of such devices;
G. the use of cage traps to recover or to provide veterinary care or husbandry to a domestic animal or feral animal as authorized by law, or to abate damages caused by any animal to property, crops or livestock; provided that:
(1) once the damage has been abated, use of the cage trap shall cease; and
(2) any captured animal is disposed of in accordance with rules established by the department or appropriate animal agency; or
H. enrolled members of a federally recognized Indian nation, tribe or pueblo when trapping is conducted solely for religious or ceremonial purposes pursuant to rules issued by the department of game and fish in collaboration with the secretary of Indian affairs and consistent with federal procedures for recognition and protection of bona fide Indian nation, tribe or pueblo religious ceremonies.
History:
1978 Comp., § 17-11-4, enacted by Laws 2021, ch. 25, § 4.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 25, § 6 made Laws 2021, ch. 25, § 4 effective April 1, 2022.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 11 - Wildlife Conservation and Public Safety › Section 17-11-5 - Penalties.

A. A person who violates the Wildlife Conservation and Public Safety Act is guilty of a misdemeanor. Each individual trap, snare or application of wildlife poison shall constitute a single violation of that act.
B. Any penalties under this section shall be cumulative to any other available penalties provided by law.
C. In addition to other penalties, upon conviction, the court may consider appropriate restitution to a state agency that incurs costs in enforcing the Wildlife Conservation and Public Safety Act.
History:
1978 Comp., § 17-11-5, enacted by Laws 2021, ch. 25, § 5.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 25, § 6 made Laws 2021, ch. 25, § 5 effective April 1, 2022.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 1 - Supreme Court Law Library (Repealed and Recompiled.) › Section 18-1-1 - Repealed.

History:
Laws 1915, ch. 47, § 1; C.S. 1929, § 133-101; 1941 Comp., § 3-701; 1953 Comp., § 4-10-1; Laws 1963, ch. 27, § 1; § 18-1-1 NMSA 1978, repealed by Laws 2018, ch. 39, § 10.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 39, § 10 repealed 18-1-1 NMSA 1978, as enacted by Laws 1915, ch. 47, § 1, relating to board of trustees, membership, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 1 - Supreme Court Law Library (Repealed and Recompiled.) › Section 18-1-2 - Repealed.

History:
Laws 1915, ch. 47, § 2; C.S. 1929, § 133-102; Laws 1941, ch. 138, § 1; 1941 Comp., § 3-702; Laws 1949, ch. 97, § 1; 1951, ch. 158, § 1; 1953, ch. 133, § 1; 1953 Comp., § 4-10-2; Laws 1967, ch. 214, § 4; § 18-1-2 NMSA 1978, repealed by Laws 2018, ch. 39, § 10.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 39, § 10 repealed 18-1-2 NMSA 1978, as enacted by Laws 1915, ch. 47, § 2, relating to supreme court law library board of trustees, chairman and secretary, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 1 - Supreme Court Law Library (Repealed and Recompiled.) › Section 18-1-3 - Repealed.

History:
Laws 1915, ch. 47, § 3; C.S. 1929, § 133-103; 1941 Comp., § 3-703; 1953 Comp., § 4-10-3; Laws 1963, ch. 27, § 2; § 18-1-3 NMSA 1978, repealed by Laws 2018, ch. 39, § 10.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 39, § 10 repealed 18-1-3 NMSA 1978, as enacted by Laws 1915, ch. 47, § 3, relating to power to prescribe rules and regulations, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 1 - Supreme Court Law Library (Repealed and Recompiled.) › Section 18-1-4 - Repealed.

History:
Laws 1915, ch. 47, § 4; C.S. 1929, § 133-104; 1941 Comp., § 3-704; 1953 Comp., § 4-10-4; § 18-1-4 NMSA 1978, repealed by Laws 2018, ch. 39, § 10.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 39, § 10 repealed 18-1-4 NMSA 1978, as enacted by Laws 1915, ch. 47, § 4, relating to duties, purchase of books and management of affairs, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 1 - Supreme Court Law Library (Repealed and Recompiled.) › Section 18-1-5 - Repealed.

History:
1953 Comp., § 4-10-5, enacted by Laws 1966, ch. 28, § 16; § 18-1-5 NMSA 1978, repealed by Laws 2018, ch. 39, § 10.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 39, § 10 repealed 18-1-5 NMSA 1978, as enacted by Laws 1966, ch. 28, § 16, relating to law library board, publishing opinions of supreme court, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 1 - Supreme Court Law Library (Repealed and Recompiled.) › Section 18-1-6 - Recompiled.

History:
Laws 1915, ch. 47, § 5; C.S. 1929, § 133-105; 1941 Comp., § 3-706; 1953 Comp., § 4-10-6; Laws 1977, ch. 247, § 16; § 18-1-6 NMSA 1978, recompiled and amended by Laws 2018, ch. 39, § 2.
ANNOTATIONS
Recompilations.
— Laws 2018, ch. 39, § 2 recompiled and amended former 18-1-6 NMSA 1978 as 34-2-12 NMSA 1978, effective July 1, 2018.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 1 - Supreme Court Law Library (Repealed and Recompiled.) › Section 18-1-7 - Repealed.

History:
Laws 1915, ch. 47, § 6; C.S. 1929, § 133-106; 1941 Comp., § 3-707; 1953 Comp., § 4-10-7; Laws 1963, ch. 27, § 4; § 18-1-7 NMSA 1978, repealed by Laws 2018, ch. 39, § 10.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 39, § 10 repealed 18-1-7 NMSA 1978, as enacted by Laws 1915, ch. 47, § 6, relating to librarian, appointment by board, custody of property, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 1 - Supreme Court Law Library (Repealed and Recompiled.) › Section 18-1-8 - Repealed.

History:
Laws 1915, ch. 47, § 7; C.S. 1929, § 133-107; 1941 Comp., § 3-708; 1953 Comp., § 4-10-8; § 18-1-8 NMSA 1978, repealed by Laws 2018, ch. 39, § 10.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 39, § 10 repealed 18-1-8 NMSA 1978, as enacted by Laws 1915, ch. 47, § 7, relating to bond of librarian, approval, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 1 - Supreme Court Law Library (Repealed and Recompiled.) › Section 18-1-9 - Repealed.

History:
Laws 1915, ch. 47, § 9; C.S. 1929, § 133-109; 1941 Comp., § 3-710; 1953 Comp., § 4-10-10; § 18-1-9 NMSA 1978, repealed by Laws 2018, ch. 39, § 10.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 39, § 10 repealed 18-1-9 NMSA 1978, as enacted by Laws 1915, ch. 47, § 9, relating to unauthorized removal of books or property, criminal liability of librarian, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 1 - Supreme Court Law Library (Repealed and Recompiled.) › Section 18-1-10 - Recompiled.

History:
Laws 1915, ch. 47, § 10; C.S. 1929, § 133-110; 1941 Comp., § 3-711; 1953 Comp., § 4-10-11; § 18-1-10 NMSA 1978, recompiled and amended by Laws 2018, ch. 39, § 4.
ANNOTATIONS
Recompilations.
— Laws 2018, ch. 39, § 4 recompiled and amended former 18-1-10 NMSA 1978 as 34-2-14 NMSA 1978, effective July 1, 2018.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 1 - Supreme Court Law Library (Repealed and Recompiled.) › Section 18-1-11 - Recompiled.

History:
Laws 1915, ch. 47, § 11; C.S. 1929, § 133-111; 1941 Comp., § 3-712; 1953 Comp., § 4-10-12; § 18-1-11 NMSA 1978, recompiled and amended by Laws 2018, ch. 39, § 5.
ANNOTATIONS
Recompilations.
— Laws 2018, ch. 39, § 5 recompiled and amended former 18-1-11 NMSA 1978 as 34-2-15 NMSA 1978, effective July 1, 2018.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 1 - Supreme Court Law Library (Repealed and Recompiled.) › Section 18-1-12 - Repealed.

History:
Laws 1939, ch. 4, § 1; 1941 Comp., § 3-717; 1953 Comp., § 4-10-20; Laws 1963, ch. 27, § 11; § 18-1-12 NMSA 1978, repealed by Laws 2018, ch. 39, § 10.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 39, § 10 repealed 18-1-12 NMSA 1978, as enacted by Laws 1939, ch. 4, § 1, relating to trade, barter and exchange of books and periodicals, powers of board of trustees, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 2 - State Library Commission › Section 18-2-1 - State library commission created.

There is created a "New Mexico state library commission," composed of five members, which shall have its headquarters at the state capitol. Four members of the commission shall be appointed by the governor from among resident citizens of the state interested in and informed with regard to library conditions, the appointees insofar as practicable to represent different sections of the state. Two of the members shall be originally appointed for a term of two years; one member shall be originally appointed for a term of four years; and one member shall be originally appointed for a term of six years. After the expiration of the original appointments, all appointments shall be for terms of six years. The fifth member of the commission shall be a member of the state board of education chosen by vote of the board's membership. The term of the fifth member shall be for so long as he serves on the state board of education, but not to exceed six years. At least one member of the commission shall be a professionally trained librarian. Members of the commission shall be entitled to per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] while engaged in the performance of their official duties for the commission.
History:
Laws 1941, ch. 129, § 1; 1941 Comp., § 3-801; 1953 Comp., § 4-11-1; Laws 1961, ch. 126, § 1; 1975, ch. 34, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
81A C.J.S. States §§ 144, 147.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 2 - State Library Commission › Section 18-2-2 - State library commission; duties.

The New Mexico state library commission shall provide advice, upon request, to the state librarian on:
A. matters germane to the powers and duties of the library division or the state library; and
B. any other matters related to libraries.
History:
1953 Comp., § 4-11-2, enacted by Laws 1977, ch. 246, § 9.
ANNOTATIONS
Repeals and reenactments.
— Laws 1977, ch. 246, § 9, repeals 4-11-2, 1953 Comp., relating to the creation of the state library, and enacted a new section.