reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 1 - State Game Commission › Section 17-1-6 - [Transfer of duties and obligations.]

The director shall fulfill all the duties and obligations heretofore imposed upon the state game warden, and shall exercise all the powers heretofore granted to the state game warden. The conservation officers appointed by the director shall assume those duties and powers heretofore imposed upon or granted to deputy game wardens.
History:
1953 Comp., § 53-1-5.1, enacted by Laws 1955, ch. 59, § 2.
ANNOTATIONS
Cross references.
— For designation of state game commission employees to enforce antilittering statute,
see
30-8-5 NMSA 1978.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 1 - State Game Commission › Section 17-1-7 - [Position of reserve conservation officer created.]

There is hereby created within the department of game and fish the position of reserve conservation officer, which shall be a nonsalaried position.
History:
1953 Comp., § 53-1-5.2, enacted by Laws 1955, ch. 181, § 1.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 1 - State Game Commission › Section 17-1-8 - [Qualifications of reserve conservation officers.]

Reserve conservation officer commissions shall be issued only to the following:
A. persons who have successfully completed a school of at least twenty-five hours, conducted by the department of game and fish, covering procedures and techniques of wildlife management, law enforcement, public relations and such other subjects as may be deemed desirable by the department of game and fish.
B. the director may substitute a minimum of six months experience as an employee of a state or federal conservation agency or a state livestock law enforcement board in lieu of the aforementioned schooling. Any substitution made under the provisions of this paragraph shall be limited to personnel currently employed by one of the aforementioned conservation agencies. Any appointments the director may make under the provisions of this paragraph will terminate automatically with the termination of employment by said agency of the individual so appointed or the individual's transfer from the state.
History:
1953 Comp., § 53-1-5.3, enacted by Laws 1955, ch. 181, § 2.
ANNOTATIONS
Instruction but not classroom school is required.
— The statute does not require the "school" to be of the classroom type; the "school" of experience can ensure qualified reserve conservation officers as well as a classroom. If the persons in question have actual instruction as employees of the department in the subject areas of procedures and techniques of wildlife management, law enforcement, public relations and other subjects deemed desirable by the department, those persons have attended "school" in those subjects, an on-the-job training school conducted by the department. Mere employment by the department without instruction in each of those areas will not satisfy the statutory requirements. 1960 Op. Att'y Gen. No. 60-214.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 1 - State Game Commission › Section 17-1-9 - Powers and duties of reserve conservation officers.

A. Under the supervision of the department of game and fish and subject to such restrictions as may be provided by the state game commission, reserve conservation officers shall have authority to enforce laws and valid regulations of the state game commission relating to game and fish and perform such duties with respect to wildlife management and conservation education as may be assigned to them from time to time by the department of game and fish. When on duty, reserve conservation officers shall be covered by the Workmen's [Workers'] Compensation Act [Chapter 52, Article 1 NMSA 1978]. Reserve conservation officers shall have only the rights of private citizens in the enforcement of laws other than those relating to game and fish.
B. For the purpose of calculating the amount of reserve conservation officer's disability or death benefits pursuant to the Workmen's [Workers'] Compensation Act, the officer's average weekly wages shall be deemed to be the base wage of a wildlife management officer II as classified by the personnel board.
History:
1953 Comp., § 53-1-5.4, enacted by Laws 1955, ch. 181, § 3; 1985, ch. 33, § 1.
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 1 - State Game Commission › Section 17-1-10 - [Issuance of reserve conservation officer commissions; revocation.]

Reserve conservation officer commissions shall be issued annually to such persons meeting the qualifications prescribed in Section 2 [17-1-8 NMSA 1978], as may be deemed necessary or desirable by the director of the department of game and fish. Such commissions may be revoked at any time by said director at his descretion {discretion}.
History:
1953 Comp., § 53-1-5.5, enacted by Laws 1955, ch. 181, § 4.
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 1 - State Game Commission › Section 17-1-11 - Conservation officers; official duties; insurance.

Conservation officers shall, in emergency situations, be considered on duty and within the scope of their employment for purposes of employee benefits, when they follow specific instructions from a duly qualified full-time peace officer and in aid of such peace officer in the carrying out of his duties. The state game commission shall expand current insurance coverage to provide protection in such situations.
History:
1953 Comp., § 53-1-5.6, enacted by Laws 1977, ch. 290, § 5.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 1 - State Game Commission › Section 17-1-12 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1978, ch. 132, § 6, repealed 53-1-6 1953 Comp. (17-1-12 NMSA 1978), relating to bond of game and fish director, effective March 6, 1978.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 1 - State Game Commission › Section 17-1-13 - [Seal of director.]

The state warden [director of the department of game and fish] shall keep a seal of office which shall be used to authenticate all papers and documents issued and executed by him as such officer.
History:
Laws 1912, ch. 85, § 46; Code 1915, § 2469; C.S. 1929, § 57-254; 1941 Comp., § 43-107; 1953 Comp., § 53-1-7.
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.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 1 - State Game Commission › Section 17-1-15 - Disbursement of money; limitation on expenditures.

All disbursements of moneys, including salaries, by the state game commission shall be by warrant of the secretary of finance and administration, supported by itemized voucher, certified to be correct by the state game director, and shall be paid out of moneys in the game protection fund.
Expenditures by the state game commission shall be limited to funds available in the game protection fund, and neither the state game commission nor any employee thereof shall incur or authorize any obligation for the payment of which sufficient funds are not then available in the game protection fund.
The state shall not be liable for any obligation created by the state game commission or any employee thereof, except to the extent of such game protection fund.
Neither the state game commission nor any employee thereof shall issue any voucher, nor shall the secretary of finance and administration approve any such voucher, for the payment of which moneys are not then available in the game protection fund.
History:
Laws 1931, ch. 117, § 6; 1941 Comp., § 43-109; 1953 Comp., § 53-1-9; Laws 1977, ch. 247, § 162.
ANNOTATIONS
Cross references.
— For public purchases,
see
13-1-28 to 13-1-199 NMSA 1978.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 1 - State Game Commission › Section 17-1-16 - Short title.

This act [17-1-16 to 17-1-25 NMSA 1978] may be cited as the "Game and Fish Bond Act".
History:
1978 Comp., § 17-1-16, enacted by Laws 1964 (1st. S.S.), ch. 18, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 1964 (1st S.S.), ch. 18, compiled as 17-1-16 to 17-1-25 NMSA 1978, was not compiled in the 1953 Comp. but was set out as 15.1 in the appendix of bond issue laws following Chapter 11, 1953 Comp.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 1 - State Game Commission › Section 17-1-17 - Purpose of act.

The purpose of the Game and Fish Bond Act is to provide for use of revenues derived from fees for hunting and fishing licenses to issue bonds to provide for fish hatcheries and rearing facilities, game and fish habitat acquisition, development and improvement projects and other similar capital outlay projects.
History:
1978 Comp., § 17-1-17, enacted by Laws 1964 (1st S.S.), ch. 18, § 2.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 1 - State Game Commission › Section 17-1-18 - Bonding authority.

Whenever the state game commission, by vote of a majority of its full membership entered in its minutes, determines by resolution that it is necessary to raise funds to provide for fish hatcheries and rearing facilities, game and fish habitat acquisition, development and improvement projects or other similar capital outlay projects, the commission may issue and sell bonds of the state of New Mexico as provided in the Game and Fish Bond Act, provided that, the total amount of such bonds issued under the authority of this act shall not exceed two million dollars ($2,000,000). The purposes stated by the commission and the amount of each bond issue shall be approved by the state board of finance before issuance of the bonds. The commission shall report annually to the legislature any bonds issued pursuant to this act and the purpose for which issued.
History:
1978 Comp., § 17-1-18, enacted by Laws 1964 (1st S.S.), ch. 18, § 3; 1968, ch. 47, § 1; 1976 (S.S.), ch. 52, § 1.
ANNOTATIONS
Authorized amount.
— The 1976 amendments to the Game and Fish Bond Act authorized the state game commission to issue and sell up to $2,000,000 worth of bonds. 1976 Op. Att'y Gen. No. 76-17.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 1 - State Game Commission › Section 17-1-19 - Bonds; form; terms.

Bonds issued under the Game and Fish Bond Act shall be payable in consecutive order over a period of not more than twenty years from the date of issue. They shall be issued in denominations determined by the state game commission and shall be sold at a net effective interest rate not exceeding the maximum net effective interest rate permitted by the Public Securities Act [6-14-1 through 6-14-3 NMSA 1978], as hereafter amended and supplemented. The form of the bonds shall be determined by the state game commission, and, except with respect to bonds issued in book entry or similar form without the delivery of physical securities, signatures of the governor, the state treasurer and the chairman of the state game commission shall be affixed in compliance with the Uniform Facsimile Signature of Public Officials Act [6-9-1 through 6-9-6 NMSA 1978]. The form and terms of the bonds shall be approved by the state board of finance before issuance of the bonds.
History:
1978 Comp., § 17-1-19, enacted by Laws 1964 (1st S.S.), ch. 18, § 4; 1968, ch. 47, § 2; 1976 (S.S.), ch. 52, § 2; 1983, ch. 265, § 35.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 1 - State Game Commission › Section 17-1-20 - Sale of bonds.

Bonds issued under the Game and Fish Bond Act shall be sold at public or private sale as determined by the state game commission. If sold at public sale, the chairman of the commission shall give notice of the time, place and terms of the sale by publication in a newspaper of general circulation published in Santa Fe, New Mexico, not less than twenty days nor more than sixty days prior to the sale date.
History:
1978 Comp., § 17-1-20, enacted by Laws 1964 (1st S.S.), ch. 18, § 5; 1968, ch. 47, § 3; 1976 (S.S.), ch. 52, § 3.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 1 - State Game Commission › Section 17-1-21 - Proceeds from sale of bonds.

Proceeds from the sale of bonds issued under the Game and Fish Bond Act shall be deposited in a special fund in the state treasury and used solely for the purposes for which the bonds were authorized. The cost of preparing, advertising and selling the bonds, including any necessary expense for financial and legal services, shall be paid out of the proceeds. Purchasers of the bonds are not responsible in any way for the application of the proceeds.
History:
1978 Comp., § 17-1-21, enacted by Laws 1964 (1st S.S.), ch. 18, § 6.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 1 - State Game Commission › Section 17-1-22 - Security; retirement of bonds.

A. There is created in the state treasury the "game and fish bond retirement fund". The state game commission shall place into the game and fish bond retirement fund the sum of one dollar ($1.00) from each license enumerated in this subsection that is sold after April 1, 1976:
(1) resident, fishing;
(2) resident, game hunting;
(3) resident, deer;
(4) resident, game hunting and fishing;
(5) resident, trapper;
(6) nonresident, fishing;
(7) nonresident, game hunting;
(8) temporary fishing, five days; and
(9) nonresident, deer.
Such payments to the game and fish bond retirement fund shall be effective for all bonds issued under the Game and Fish Bond Act up to the maximum limitation on the amount of bonds provided in that act.
B. Money in the game and fish bond retirement fund is first pledged for the payment of principal and interest on all state game commission bonds which have been issued and are outstanding prior to June 17, 1983. Money in the game and fish bond retirement fund is further pledged for the payment of principal and interest on all state game commission bonds issued as of June 17, 1983. The issuance and sale of bonds under the Game and Fish Bond Act constitutes an irrevocable contract between the state game commission and the owner of any bond, and so long as any bond remains outstanding the fees pledged for payment shall not be reduced.
C. Bonds issued under the Game and Fish Bond Act are payable solely from the game and fish bond retirement fund, and they are not general obligations of the state.
D. The state game commission shall continue to place in the game and fish bond retirement fund the sum of one dollar ($1.00) from each of the licenses enumerated in Subsection A of this section, even after the fund is sufficient to pay the principal and interest of the outstanding bonds and after all bonds issued have been retired.
History:
1978 Comp., § 17-1-22, enacted by Laws 1964 (1st S.S.), ch. 18, § 7; 1968, ch. 47, § 4; 1976 (S.S.), ch. 52, § 4; 1983, ch. 143, § 1; 2011, ch. 186, § 1.
ANNOTATIONS
The 2011 amendment,
effective April 1, 2012, eliminated the distinction between small game hunting and general hunting licenses.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 1 - State Game Commission › Section 17-1-22.1 - Game and fish capital outlay fund; created; transfer of money; state board of finance approval.

A. There is created in the state treasury the "game and fish capital outlay fund".
B. Upon request of the state game commission, approved by the state board of finance, the state treasurer shall transfer to the game and fish capital outlay fund all money in the game and fish bond retirement fund except the amount necessary to meet all principal and interest payments on state game commission bonds due in the ensuing twelve months.
C. Money in the game and fish capital outlay fund may be expended by the department of game and fish to provide for fish hatcheries and rearing facilities, game and fish habitat acquisition, development and improvements and other similar capital projects.
D. Projects to be funded pursuant to Subsection C of this section shall be approved by the state game commission and the state board of finance prior to any money being encumbered for the project.
E. At any time that the game and fish bond retirement fund is insufficient to pay the principal and interest on all bonds which have been issued and are outstanding, the unencumbered balance in the game and fish capital outlay fund shall be transferred to the game and fish bond retirement fund.
History:
1978 Comp., § 17-1-22.1, enacted by Laws 1983, ch. 143, § 2.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 1 - State Game Commission › Section 17-1-23 - Construction.

The Game and Fish Bond Act is full authority for authorization and issuance by the state game commission of bonds authorized by the state board of finance, and the commission may do anything necessary to carry out the powers granted by the Game and Fish Bond Act.
History:
1978 Comp., § 17-1-23, enacted by Laws 1964 (1st S.S.), ch. 18, § 8.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 1 - State Game Commission › Section 17-1-24 - Tax exemptions.

The principal and income of bonds issued under the Game and Fish Bond Act are exempt from all taxation by the state or any of its political subdivisions except for inheritance and succession taxes.
History:
1978 Comp., § 17-1-24, enacted by Laws 1964 (1st S.S.), ch. 18, § 9.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 1 - State Game Commission › Section 17-1-25 - Refunding.

Any bonds issued under the Game and Fish Bond Act may be refunded under the terms of resolutions adopted by the state game commission, subject to any contractual limitations involved with any outstanding bonds, claims or other obligations. The proceeds of refunding bonds shall be applied to retirement of the bonds to be retired or refunded, or placed in escrow to be applied to payment of the bonds upon presentation for payment by the holders. Refunding bonds shall be issued under all applicable conditions prescribed in the Game and Fish Bond Act for issuance of the original bonds.
History:
1978 Comp., § 17-1-25, enacted by Laws 1964 (1st S.S.), ch. 18, § 10.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 1 - State Game Commission › Section 17-1-27 - [Hearings on rules and regulations; petition; publication of notice of hearing.]

Whenever three percent of the duly qualified electors of any county affected by a rule or regulation promulgated by the commission, concerning hunting or fishing within said county, shall petition the commission in writing, requesting a hearing, the commission shall grant a public hearing, the time, place and purpose of which shall be set forth by advertising in one or more newspapers of general circulation within the state not less than ten (10) days before the date of such hearing; and shall, on the date of hearing, give full opportunity for all persons to be heard on the point in controversy. But nothing in this section shall be construed as suspending or invalidating any such rule or regulation, unless it is suspended or revoked by the commission.
History:
Laws 1921, ch. 35, § 10; C.S. 1929, § 57-110; 1941 Comp., § 43-113; 1953 Comp., § 53-1-13.
ANNOTATIONS
Cross references.
— For adoption of regulations and their effective date,
see
17-2-5 NMSA 1978.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 1 - State Game Commission › Section 17-1-28 - [Assent to act of congress concerning wildlife restoration projects.]

The state of New Mexico hereby assents to the provisions of the act of congress of the United States of America entitled "An act to provide that the United States shall aid the states in wildlife restoration projects, and for other purposes," approved September 7 [2], 1937 (Public Number 415, 75th Congress), and the state game commission is hereby authorized and directed to perform all such acts as may be necessary to the conduct and establishment of cooperative wildlife restoration projects, as defined by said act of congress, and in compliance with said act, and rules and regulations promulgated by the secretary of agriculture [secretary of the interior] thereunder.
History:
Laws 1939, ch. 19, § 1; 1941 Comp., § 43-114; 1953 Comp., § 53-1-14.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The federal act referred to in this section is compiled in 16 U.S.C. § 669 et seq.
In 1939 the functions of the secretary of agriculture relating to the conservation of wildlife, game and migratory birds were transferred to the secretary of the interior by 1939 Reorg. Plan No. II.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 1 - State Game Commission › Section 17-1-29 - [Distribution of moneys received from United States government.]

The state game commission is authorized to receive any moneys to which the state of New Mexico may become entitled under the aforesaid act of congress, such moneys, when received, to be deposited with the treasurer of the state of New Mexico to the credit of the state game protection fund, expended for the purpose designated and withdrawn and as other moneys are withdrawn from the state game protection fund.
History:
Laws 1939, ch. 19, § 2; 1941 Comp., § 43-115; 1953 Comp., § 53-1-15.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-2 - Game to be protected.

The game animals and quadrupeds, game birds and fowl, and game fish as herein defined shall be protected and hunting, taking, capturing, killing or possession, or attempt to hunt, take, capture or kill of any or all species named herein shall be regulated by the state game commission under the authority of Chapter 117 of the 1931 Session Laws of the state of New Mexico.
History:
Laws 1937, ch. 23, § 1; 1941 Comp., § 43-202; 1953 Comp., § 53-2-2.
ANNOTATIONS
Compiler's notes.
— Laws 1931, ch. 117, referred to in this section, is compiled as 17-1-1, 17-1-5, 17-1-15, 17-1-26, 17-2-1, 17-2-5, 17-2-7, 17-2-9 and 17-2-10 NMSA 1978.
Cross references.
— For Wildlife Conservation Act,
see
17-2-37 NMSA 1978.
For protection of fur-bearing animals,
see
17-5-1 and 17-5-2 NMSA 1978.
Carrying firearms before hunting season opens may be prohibited.
— Powers granted to state game commission include authority to prohibit the carrying of firearms in hunting areas for specified period of time before opening of the big game season. 1948 Op. Att'y Gen. 48-5135.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-2.1 - Artificial wildlife.

A. Artificial wildlife may be used, and defined as game animals or birds, for the purpose of prosecution pursuant to Section 17-2-31 or 17-3-1 NMSA 1978, or for prosecution for shooting at, from or across a roadway.
B. Violations of shooting artificial wildlife shall be punished pursuant to the applicable penalty provisions of Chapter 17 NMSA 1978.
History:
Laws 2003, ch. 301, § 1.
ANNOTATIONS
Cross references.
— For violation of game and fish laws or regulations; penalties,
see
17-2-10 NMSA 1978.
For general powers and duties of state game commission; game protection fund,
see
17-1-14 NMSA 1978.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-4 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2001, ch. 66, § 3 repealed 17-2-4 NMSA 1978, as enacted by Laws 1937, ch. 217, § 1, regarding the classification of bullfrogs as a protected species, effective June 15, 2001. For provisions of former section,
see
the 2000 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
17-2-4.2 NMSA 1978.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-4.1 - Jaguar to be protected.

In the event the jaguar is de-listed as a federal endangered species, the department of game and fish shall prohibit the taking, possession and sale of jaguars or parts thereof.
History:
1978 Comp., § 17-2-4.1, enacted by Laws 1999, ch. 31, § 1.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-4.2 - Amphibians and reptiles; protected; permits; unlawful taking; misdemeanor; penalties.

A. All species, except for those collected in rattlesnake roundups, for fish bait or for lizard races, of native, free-ranging amphibians and reptiles are hereby classified as protected nongame animals for commercial taking purposes. The commercial taking or capturing of native, free-ranging amphibians and reptiles is prohibited except by a permit issued by the state game commission.
B. The state game commission shall adopt rules necessary to administer Paragraph (14) of Subsection A of Section 17-1-14 NMSA 1978 and this section to assure that viable populations of native, free-ranging amphibians and reptiles are maintained in the state.
C. If the state game commission determines that it will offer permits to take or capture native, free-ranging amphibians or reptiles, the commission shall adopt a rule listing protected native, free-ranging amphibians and reptiles that may be taken or captured after taking into consideration any criteria that can be shown to have an effect from commercial takings on the viability of the species population in the state.
D. Unlawful taking of a native, free-ranging amphibian or reptile consists of intentionally taking or capturing, for commercial purposes, a regulated native, free-ranging amphibian or reptile without a valid permit from the state game commission.
E. Amphibians and reptiles may be removed, captured or destroyed without a permit, by any person, in emergency situations involving an immediate threat to human life or private property.
F. Whoever commits unlawful taking of a native, free-ranging amphibian or reptile is guilty of a misdemeanor and shall be fined not less than fifty dollars ($50.00) per occurrence and not more than one thousand dollars ($1,000) per occurrence or be imprisoned for not more than one year or both.
G. As referred to in this section, "taking" means the act of seizing amphibians or reptiles for a commercial purpose.
History:
1978 Comp., § 17-2-4.1, enacted by Laws 2001, ch. 66, § 2.
ANNOTATIONS
Compiler's notes.
— This section was originally enacted as 17-2-4.1 NMSA 1978, but was redesignated as 17-2-4.2 because Laws 1999, ch. 31, § 1, previously enacted a 17-2-4.1.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-5 - Adoption of regulations; effective date.

Any written regulation of the state game commission adopted by an affirmative vote of a majority of the members of the state game commission, signed by the chairman and attested by the secretary of the commission, filed in the office of the director of the department of game and fish, and filed in accordance with Section 4-10-13 New Mexico Statutes Annotated, 1953 Compilation, is duly adopted and promulgated and effective immediately. A copy of any regulation certified by the director of the department of game and fish to be a true copy of an adopted regulation is prima facie evidence in any court in this state of the adoption and promulgation of the regulation.
History:
Laws 1931, ch. 117, § 4; 1941 Comp., § 43-205; 1953 Comp., § 53-2-5; Laws 1961, ch. 106, § 1.
ANNOTATIONS
Cross references.
— For hearings on objections to rules and regulations,
see
17-1-27 NMSA 1978.
Compiler's notes.
— Section 4-10-13, 1953 Comp., cited in this section was repealed by Laws 1967, ch. 275, § 13.
See
Chapter 14, Article 4 NMSA 1978.
Authority to promulgate orders is constitutional.
— Authority given to the game commission to promulgate orders is not an unconstitutional delegation of legislative power.
State ex rel. Sofeico v. Heffernan
, 1936-NMSC-069, 41 N.M. 219, 67 P.2d 240.
Proper promulgation of rules presumed.
— In habeas corpus proceeding to discharge one convicted of violating regulations of state game commission, the court assumes that the regulations have been properly promulgated.
State ex rel. Sofeico v. Heffernan
, 1936-NMSC-069, 41 N.M. 219, 67 P.2d 240.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-6 - Game and fish management areas; closed lakes or streams; notice.

All game and fish management areas, rest grounds and closed lakes or streams or closed portions of lakes or streams shall be conspicuously posted with posters setting forth their purpose and the penalties for violating the rules and regulations applicable to them. This posting is legal notice against the violation of applicable laws, rules or regulations.
History:
Laws 1921, ch. 35, § 8; C.S. 1929, § 57-108; 1941 Comp., § 43-206; 1953 Comp., § 53-2-6; Laws 1961, ch. 106, § 2.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-7.1 - Interference prohibited; criminal penalties; civil penalties; revocation of license, certificate or permit.

A. It is unlawful for a person to commit interference with another person who is lawfully hunting, trapping or fishing in an area where hunting, trapping or fishing is permitted by a custodian of public property or an owner or lessee of private property.
B. A person who commits a:
(1) first offense of interference is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978; and
(2) second or subsequent offense of interference is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
C. When a person who commits interference possesses a license, certificate or permit issued to him by the state game commission, the license, certificate or permit shall be subject to revocation by the commission pursuant to the provisions of Sections 17-1-14 and 17-3-34 NMSA 1978.
D. As used in this section, "interference" means:
(1) intentionally placing oneself in a location where a human presence may affect the behavior of a game animal, bird or fish or the feasibility of killing or taking a game animal, bird or fish with the intent of interfering with or harassing another person who is lawfully hunting, trapping or fishing;
(2) intentionally creating a visual, aural, olfactory or physical stimulus for the purpose of affecting the behavior of a game animal, bird or fish with the intent of interfering with or harassing another person who is lawfully hunting, trapping or fishing; or
(3) intentionally affecting the condition or altering the placement of personal property used for the purpose of killing or taking a game animal, bird or fish.
E. Nothing in this section shall be construed to include a farmer or rancher in pursuit of his normal farm or ranch operation or law enforcement officer in pursuit of his official duties.
History:
Laws 1993, ch. 94, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Validity and construction of statutes prohibiting harassment of hunters, fishermen, or trappers, 17 A.L.R.5th 837.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-8 - Unlawful taking of big game and waste of game.

A. It is unlawful for any person:
(1) who hunts or fishes and takes any game mammal designated in Paragraphs (2), (3) or (4) of Subsection A of Section 17-2-3 NMSA 1978, any game bird or any game fish to fail to transport the edible portions of the meat obtained to the person's home for human consumption or to provide for the human consumption thereof under any commission regulations pertaining to exportation, transportation and donation of game;
(2) who wounds or may have wounded any game mammal designated in Paragraphs (2), (3) or (4) of Subsection A of Section 17-2-3 NMSA 1978 to fail to go to the place where the mammal sustained or may have sustained the wound and make a reasonable attempt to track the mammal and reduce it to possession; or
(3) to take or kill a bighorn sheep, ibex, oryx, Barbary sheep, elk, deer or pronghorn antelope outside of the legal season or without a valid license, which taking or killing results in waste of the animal. Waste of the animal consists of removing from the animal only the head, antlers or horns or abandoning any of the four quarters, backstraps or tenderloins of the carcass. A violation of the provisions of this paragraph is intended to be separate from and cumulative to any other violation of Chapter 17 NMSA 1978.
B. Violation of Paragraph (3) of Subsection A of this section is a fourth degree felony pursuant to Section 31-18-15 NMSA 1978, and violation of Paragraph (1) or (2) of Subsection A of this section is a misdemeanor pursuant to Section 17-2-10 NMSA 1978.
History:
1953 Comp., § 53-2-7.1, enacted by Laws 1977, ch. 70, § 1; 2017, ch. 38, § 1.
ANNOTATIONS
The 2017 amendment,
effective June 16, 2017, made it a fourth degree felony to wastefully take or kill certain big game, defined "waste of the animal", and made it a misdemeanor to hunt or fish certain game animals and fail to provide for its consumption or to wound a game mammal and fail to make a reasonable attempt to track the mammal; in the catchline, added "Unlawful taking of big game"; designated the previously undesignated introductory clause as Subsection A and redesignated former Subsections A and B as Paragraphs A(1) and A(2), respectively; and added a new Subsection B.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-9 - Jurisdiction of magistrate court.

The magistrate court has jurisdiction in all cases arising under Chapter 17 NMSA 1978 and regulations promulgated by the state game commission. In addition to other jurisdiction, a magistrate has jurisdiction over such cases arising in any magistrate district adjoining at any point that in which he serves with the consent of the accused.
History:
Laws 1931, ch. 117, § 9; 1941 Comp., § 43-208; 1953 Comp., § 53-2-8; Laws 1963, ch. 213, § 1; 1971, ch. 184, § 1.
ANNOTATIONS
Jurisdiction extends to game law violations.
— It is within the jurisdiction of justices of the peace (now magistrates) to try game law violation cases. 1953 Op. Att'y Gen. No. 53-5860.
Jurisdiction does not extend to revocation of licenses.
— The revocation of a hunting or fishing license is not within the jurisdiction of a justice of the peace (now magistrate) but such power rests exclusively with the director of the department of game and fish of this state, as an administrative matter. 1965 Op. Att'y Gen. No. 65-79.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-10.1 - Game and fish penalty assessment misdemeanors; definition; schedule of assessments.

A. As used in Chapter 17 NMSA 1978, "penalty assessment misdemeanor" means a violation of any of the following listed sections of the NMSA 1978 for which the listed penalty assessment is established:
COMMON NAME OF OFFENSE
SECTION VIOLATED
PENALTY ASSESSMENT
Fishing, hunting or trapping
without the proper stamp or
validation as required by law
or adopted by state game
commission rule
17-2-7
$ 50.00
Fishing without a license
17-3-17
$ 75.00
Hunting small game without
a license
17-3-1
$100.00
Manner and method rule
infraction contrary to
adoption by state game
commission rule
17-2-7
$125.00.
B. When an alleged violator of a penalty assessment misdemeanor elects to accept a notice to appear in lieu of a notice of penalty assessment, no fine imposed upon later conviction shall exceed the penalty assessment established for the particular penalty assessment misdemeanor.
C. With the penalty assessment collected for each penalty assessment misdemeanor pursuant to this section, there shall be assessed and collected the cost of the appropriate license and validation that the violator failed to produce. Upon presentation of proof of payment of the penalty assessment, the director of the department of game and fish shall issue the appropriate license and validation.
History:
Laws 1995, ch. 177, § 1; 2015, ch. 27, § 1.
ANNOTATIONS
The 2015 amendment,
effective June 19, 2015, provided for additional penalty assessments for violations of hunting and fishing infractions; in Subsection A, added a penalty assessment of $50.00 for "fishing, hunting or trapping without the proper stamp or validation as required by law or adopted by state game commission rule" and a penalty assessment of $125.00 for "manner and method rule infraction contrary to adoption by state game commission rule"; in Subsection C, after "With the", added "penalty", and after the first and second occurrences of "license", added "and validation".
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-10.2 - Game and fish penalty assessment; payment.

A. Unless a warning notice is given to an alleged violator, at the time the alleged violator is charged with a penalty assessment misdemeanor, the conservation officer shall offer the alleged violator the option of accepting a penalty assessment. The signature of the alleged violator on the penalty assessment notice constitutes an acknowledgment of guilt of the offense stated in the notice. The acknowledgment shall be included in accrual of points toward revocation of licenses as provided for in Section 17-3-34 NMSA 1978 or in regulations adopted to implement that section.
B. Payment of any penalty assessment, including cost of the appropriate license, shall be mailed to the state game commission within thirty days from the date of charge. Payment of penalty assessments are timely if postmarked within thirty days from the date of the charge. The commission may issue a receipt when a penalty assessment is paid by currency, but checks tendered by the violator upon which payment is received are sufficient receipt.
C. No record of any penalty assessment payment is admissible as evidence in court in any civil action.
History:
Laws 1995, ch. 177, § 2.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-10.3 - Game and fish penalty assessment; license revocation.

A. The state game commission is authorized to revoke the hunting or fishing license, or both, of a person who fails to pay a penalty assessment or who fails to appear, after proper notice, for hearings as required by law or regulation.
B. The state game commission may revoke the hunting or fishing license, or both, of any person, resident or nonresident, who is convicted in another state of any single offense that, if committed in New Mexico, would be grounds for revocation of license.
History:
Laws 1995, ch. 177, § 3.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-10.4 - Game and fish penalty assessment revenue; disposition.

The department of game and fish shall remit all penalty assessment receipts to the state treasurer to be credited to the game protection fund in accordance with the provisions of Section 17-1-14 NMSA 1978.
History:
Laws 1995, ch. 177, § 4.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-11 - [Witness testifying for state; evidence not to be used against him.]

In any prosecution under this chapter, any participant in a violation thereof, when so requested by the district attorney, state warden [director of the department of game and fish] or other officer instituting the prosecution, may testify as a witness against any other person charged with violating the same, and his evidence so given shall not be used against him in any prosecution for such violation.
History:
Laws 1912, ch. 85, § 40; Code 1915, § 2463; C.S. 1929, § 57-248; 1941 Comp., § 43-212; 1953 Comp., § 53-2-12.
ANNOTATIONS
Compiler's notes.
— The compilers of the 1915 Code substituted the words "this chapter" for the words "this act." Chapter 47, 1915 Code, comprised the whole of Laws 1912, ch. 85, the presently effective provisions of which are compiled as 17-1-12, 17-1-13, 17-2-11, 17-2-13, 17-2-17 to 17-2-20, 17-2-21, 17-2-23 to 17-2-28, 17-3-7, 17-3-29, 17-3-30, 17-3-33, 17-3-34, 17-4-6, 17-4-8 to 17-4-29 NMSA 1978.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 1955, ch. 59, § 2 transferred the duties of the state game warden.
See
17-1-6 NMSA 1978.
Immunity statutes have only been passed as to particular crimes.
— The legislature has gone no further than to pass immunity statutes applicable only in prosecutions for particular crimes, such as this section.
Apodaca v. Viramontes
, 1949-NMSC-064, 53 N.M. 514, 212 P.2d 425.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-12 - Refuges; firearms on; prohibited; exceptions.

It is unlawful for any person to carry, transport or have in his possession, bows, arrows, crossbows or firearms of any kind or description within or upon any game refuge or to discharge any firearm or arrow into or within any state game refuge in New Mexico; provided this section shall not apply to any county, state or federal officer in the discharge of his official duties, nor to persons crossing refuges over public roads and trails with firearms unloaded or taken down; provided further that permits may be issued by the director to stockmen, trappers, ranchers and property owners, or their employees, to carry firearms while engaged in the discharge of their legitimate affairs on or within game refuges.
History:
Laws 1937, ch. 23, § 3; 1941 Comp., § 43-213; 1953 Comp., § 53-2-13; Laws 1979, ch. 340, § 3.
ANNOTATIONS
Section is limited to state game refuges.
— It was the intent of the legislature to limit the application of this section to state game refuges. 1955 Op. Att'y Gen. No. 55-6155.
State may not have power as to federal game refuges.
— Any attempt on the part of the state to control the disposition of game on a federal game refuge contrary to the wishes of the federal government might be beyond the power of the state. 1955 Op. Att'y Gen. No. 55-6155.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-13 - Songbirds; trapping, killing or injuring prohibited.

It shall be unlawful for any person to shoot, ensnare or trap for the purpose of killing or in any other manner to injure or destroy any songbird, or birds whose principal food consists of insects, comprising all the species and varieties of birds represented by the several families of bluebirds, including the western and mountain bluebirds; also bobolinks, catbirds, chickadees, cuckoos, which includes the chaparral bird or roadrunner (Geococcyx novo mexicanus), flickers, flycatchers, grosbeaks, humming birds, kinglets, martins, meadowlarks, nighthawks or bull bats, nuthatches, orioles, robins, shrikes, swallows, swifts, tanagers, titmice, thrushes, vireos, warblers, waxwings, whipporwills [whippoorwills], woodpeckers, wrens, and all other perching birds which feed entirely or chiefly on insects. This section does not prohibit the killing of such birds for scientific purposes under permits from the department of game and fish.
History:
Laws 1912, ch. 85, § 55; Code 1915, § 2478; Laws 1915, ch. 101, § 16; C.S. 1929, § 57-263; 1941 Comp., § 43-215; 1953 Comp., § 53-2-15; Laws 1967, ch. 119, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Protection of migratory birds as within scope of treaty-making power, 4 A.L.R. 1388, 134 A.L.R. 882.
Power of Congress to protect migratory birds, 11 A.L.R. 991.
38 C.J.S. Game §§ 8, 22-28, 30, 51, 76.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-14 - Hawks, vultures and owls; taking, possessing, trapping, destroying, maiming or selling prohibited; exception by permit; penalty.

A. It is unlawful for any person to take, attempt to take, possess, trap or ensnare or in any manner to injure, maim or destroy birds of the order Falconiformes, comprising all of the species and varieties of birds represented by the several families of vultures and hawks, and all of the order Stringiformes, comprising all of the species and varieties of owls. It is also unlawful to purchase, sell or trade, or to possess for the purpose of selling or trading, any parts of these birds.
B. The director of the department of game and fish may issue permits to allow any person to take, possess, trap, ensnare or destroy any bird protected by this section or to possess, give, purchase, sell or trade, or to possess for the purpose of selling or trading, any parts of any birds protected by this section. Permits shall be granted for the following purposes:
(1) Indian religious purposes;
(2) scientific purposes in accordance with law and the regulations of the department of game and fish; or
(3) falconry purposes in accordance with law and the regulations of the department.
C. Notwithstanding any other law, any person engaged in the commercial raising of poultry or game birds may take, capture or kill any hawk, owl or vulture that has killed such poultry or game birds. The owner of such game or poultry farm who takes action under this provision shall report this action to the department of game and fish, which shall verify the necessity of the action taken.
D. Any person violating the provisions of this section is guilty of a petty misdemeanor.
History:
1953 Comp., § 53-2-15.1, enacted by Laws 1973, ch. 104, § 1; 1979, ch. 340, § 4; 1992, ch. 29, § 2.
ANNOTATIONS
Repeals and reenactments.
— Laws 1973, ch. 104, § 1, repealed former 53-2-15.1 relating to protection of hawks, vultures and owls, and enacted a new 17-2-14 NMSA 1978.
The 1992 amendment,
effective April 1, 1992, in Subsection A, deleted the former last sentence, which read "The provisions of this subsection shall not apply to the genera of Aquila and Haliaeetus of the family Accipitridae"; in Subsection B, deleted "upon application and without charge to any person" preceding "for the following purposes" in the second sentence and "of game and fish" from the end of Paragraph (3); and made stylistic changes.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-15 - [Horned toads; killing, selling or shipping from state unlawful.]

It shall be unlawful for any person to wilfully [willfully] kill or to sell horned toads within the state of New Mexico, or to ship them from the state.
History:
Laws 1941, ch. 32, § 1; 1941 Comp., § 43-216; 1953 Comp., § 53-2-16.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.