reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 3 - AIRBORNE HUNTING ACT › Section 17-3-46 - Applicability.

The Airborne Hunting Act [17-3-43 to 17-3-47 NMSA 1978] shall not apply to any person who is employed as an authorized agent of the state or federal government or is operating under a permit of the state granted by the director of the department of game and fish.
History:
1953 Comp., § 53-3-40, enacted by Laws 1973, ch. 13, § 4.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 3 - AIRBORNE HUNTING ACT › Section 17-3-47 - Permit.

The director of the department of game and fish may grant a permit to any person to carry out acts which are prohibited by the Airborne Hunting Act [17-3-43 to 17-3-47 NMSA 1978]. Permits shall be granted only to protect or aid in the administration or protection of land, water, wildlife, livestock, domesticated animals, human life or crops. Each person operating under a permit shall report to the director of the department of game and fish each calendar quarter, the number of birds, fishes or other animals so injured, captured or killed.
History:
1953 Comp., § 53-3-41, enacted by Laws 1973, ch. 13, § 5.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 4 - PENALTIES › Section 17-3-48 - Purchase or use of license, certificate or permit, or hunting or fishing while under suspension or revocation; penalty.

Any person who purchases a hunting or fishing license, or hunts or fishes during the period in which his hunting or fishing license, permit or certificate has been revoked or suspended in accordance with Section 17-2-10 or 17-3-34 NMSA 1978 is guilty of a misdemeanor and shall be punished as provided by Section 17-2-10 NMSA 1978.
History:
1978 Comp., § 17-3-48, enacted by Laws 1979, ch. 340, § 11.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 4 - PENALTIES › Section 17-3-49 - Computer-assisted remote hunting prohibited; penalties.

A. A person shall not:
(1) engage in computer-assisted remote hunting;
(2) provide or operate facilities for the purpose of computer-assisted remote hunting;
(3) create, maintain, provide, advertise or sell computer software or an internet web site for the purpose of computer-assisted remote hunting; or
(4) entice, possess or confine an animal or bird for the purpose of computer-assisted remote hunting.
B. A person who violates the provisions of this section shall be sentenced in accordance with the provisions of Section 17-2-10 NMSA 1978.
C. When a person who violates the provisions of this section possesses a license, certificate or permit issued by the state game commission, the license, certificate or permit shall be subject to revocation by the commission pursuant to Sections 17-1-14 and 17-3-34 NMSA 1978.
D. As used in this section:
(1) "computer-assisted remote hunting" means the use of a computer or other electronic device, equipment or software to access the internet and remotely control the aiming and discharge of a bow, crossbow or firearm of any kind for the purpose of hunting, taking or capturing an animal or bird; and
(2) "facilities for computer-assisted remote hunting" means the real property and improvements on the property associated with computer-assisted remote hunting, including hunting blinds, offices and rooms equipped to facilitate computer-assisted remote hunting.
History:
Laws 2006, ch. 86, § 1.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. 86, § 2 made the act effective July 1, 2006.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 4 - Propagation of Fish and Game › Section 17-4-1 - [Power of state game commission to acquire land.]

The state game commission of the state of New Mexico is hereby authorized and empowered to acquire by purchase, gift, bequest or lease; and to hold, develop and improve lands for fish hatcheries, game farms, game refuges, bird refuges, resting and nesting grounds, field stations, dams, lakes, ditches, flumes, waterways, pipelines, canals, rights-of-way, trails, roads and for all purposes incidental to the propagation, preservation, protection and management of the game, birds, fish and wildlife of the state of New Mexico.
History:
Laws 1939, ch. 223, § 1; 1941 Comp., § 43-401; Laws 1947, ch. 48, § 1; 1953 Comp., § 53-4-1.
ANNOTATIONS
Commission may pay rentals and charge fees to defray them.
— This section is a broad grant of power to the state game commission. First, it includes the express power to acquire lands (including lakes) by lease for fish and game purposes. Such necessarily includes the power to pay rentals (within fiscal limits) to continue the lease, and keeping in mind the nature of the statute, it may be fairly implied that the state game commission would have authority to impose fees or other charges to help defray the expenses necessitated by the lease and operations thereunder, particularly where the fees charged and collected are directly related to the rentals paid the lessor. 1958 Op. Att'y Gen. No. 58-80.
County ordinance cannot limit authority of state game commission.
— County land use ordinances attempting to restrict traditional federal and state regulatory authority are preempted by this section which allows the state game commission to acquire land for fish hatcheries, game farms, game refuges, and other relevant purposes and, thus, such county ordinances are of no consequence. 1994 Op. Att'y Gen. No. 94-01.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 4 - Propagation of Fish and Game › Section 17-4-2 - Eminent domain power; abandonment or relinquishment of property acquired.

Any property or rights-of-way required for use by the state game commission may be acquired as for a public purpose and as a matter of public necessity under the power of eminent domain, by and with the written approval of the board of county commissioners of the county in which the property or rights-of-way sought are located, in an action instituted and prosecuted in the name of the state, according to the procedure for condemnation provided by the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978]. Provided nevertheless, that any property right acquired under the provisions of this section, if and when the use for which it was acquired has been abandoned for three years or otherwise relinquished, shall revert to the grantor from whom it was derived.
History:
Laws 1939, ch. 223, § 2; 1941 Comp., § 43-402; Laws 1947, ch. 48, § 2; 1953 Comp., § 53-4-2; Laws 1981, ch. 125, § 47.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 4 - Propagation of Fish and Game › Section 17-4-3 - [Exchange, sale, lease, sublease and assignment of lands by commission; proceeds.]

The state game commission, except as herein limited, is authorized to exchange, sell, lease, sublease or assign any interest in any lands and leases heretofore or hereafter acquired including but not limited to the sale or lease of timber, oil, gas, minerals or any other severable product of or interest in real estate, when, in the judgment of said commission, such transaction will be in the interest of the state game commission and said lands, leases, products or severable parts thereof, are, in the opinion of such commission, no longer necessary for the purposes for which such lands were acquired or where such lease or sublease will not materially interfere with or conflict with the use of such lands for the purpose for which they were acquired. The proceeds of any such sale, exchange, lease or assignment shall be converted into the game protection fund and disbursed as the other moneys in said fund are disbursed.
History:
Laws 1939, ch. 223, § 3; 1941 Comp., § 43-403; 1953 Comp., § 53-4-3; Laws 1955, ch. 86, § 1.
ANNOTATIONS
Whether to lease is left to commission's sole discretion.
— Whether or not a lease should be executed is a question to be determined by the judgment and discretion of the game commission. 1957 Op. Att'y Gen. No. 57-149.
Commission may itself conduct sale of lands.
— Under this section the state game commission is itself authorized to sell its lands, or interests therein, unfettered by the provisions of the general statute governing the sale of property by state agencies or local public bodies. 1958 Op. Att'y Gen. No. 58-76.
If the commission chooses to itself sell the lands, it could, if it wanted, advertise the proposed sale, or otherwise notify prospective purchasers. But such is a matter to be determined by the commission in its sound discretion. 1958 Op. Att'y Gen. No. 58-76.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 4 - Propagation of Fish and Game › Section 17-4-5 - [Fish hatcheries established by United States; exemption from state laws.]

In case the United States shall establish one or more fish hatching and fish cultural stations in the state of New Mexico, the United States commissioner of fisheries and his duly authorized agents are hereby accorded the right to conduct fish hatching and fish culture and all operations connected therewith, in any manner and at any time that may be by them considered necessary and proper, any fisheries laws of this state to the contrary notwithstanding.
History:
Laws 1927, ch. 59, § 1; C.S. 1929, § 57-601; 1941 Comp., § 43-404; 1953 Comp., § 53-4-4.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 4 - Propagation of Fish and Game › Section 17-4-8 - [Parks or waters for propagation of game or fish; license required.]

No person shall have or maintain any park, enclosure, lake or body of water for the purpose of keeping or propagating therein any game or game fish for sale, nor shall any living game or game fish from such park, enclosure, lake or body of water be sold or offered for sale, unless the owner, proprietor or lessee thereof shall first procure a license as hereinafter provided.
History:
Laws 1912, ch. 85, § 59; Code 1915, § 2482; C.S. 1929, § 57-301; 1941 Comp., § 43-406; 1953 Comp., § 53-4-6.
ANNOTATIONS
Cross references.
— For regulated shooting preserves,
see
17-3-35 to 17-3-42 NMSA 1978.
Section applies to breeding game for sale.
— Any person breeding game for sale is required to have a permit under this section. A person desiring to propagate birds only for his own use without barter, sale or exchange may secure a permit under the provisions of 17-3-29 NMSA 1978. 1955 Op. Att'y Gen. No. 55-6176.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 4 - Propagation of Fish and Game › Section 17-4-9 - [Unlicensed parks or lakes deemed public nuisance; abatement; liberation of game or fish; each day separate offense.]

Any park, enclosure, lake or body of water maintained in violation of this chapter shall be deemed a continuing public nuisance and may be abated as provided by law for the abatement of public nuisances and the game or game fish therein liberated, or any obstruction to the free ingress or egress of fish removed, and each day the same is maintained in violation hereof, shall be a separate offense.
History:
Laws 1912, ch. 85, § 60; Code 1915, § 2483; C.S. 1929, § 57-302; 1941 Comp., § 43-407; 1953 Comp., § 53-4-7.
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. For disposition of Chapter 47, 1915 Code, in NMSA 1978, see note to 17-2-11 NMSA 1978.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 4 - Propagation of Fish and Game › Section 17-4-10 - [Transportation of game or fish taken from unlicensed parks or waters prohibited.]

No persons shall transport or sell, keep or expose or offer for transportation or sale any game or game fish, taken from any park, enclosure, lake or body of water, public or private, unless the same be licensed as provided in this chapter, and then only as provided in this division, and this section shall apply to game and fish held by private ownership as well as to game and fish the ownership of which may be acquired under this chapter.
History:
Laws 1912, ch. 85, § 61; Code 1915, § 2484; C.S. 1929, § 57-303; 1941 Comp., § 43-408; 1953 Comp., § 53-4-8.
ANNOTATIONS
Compiler's notes.
— The words "this division" refer to Laws 1912, ch. 85, §§ 59 to 80, which comprised Division A of that law, and are compiled as 17-4-8 to 17-4-29 NMSA 1978.
For meaning of words "this chapter," see compiler's note to 17-2-11 NMSA 1978.
Fee may be charged for breeder's license.
— The state game commission and the state game warden (now director) may charge a fee for a game breeder's license. 1953 Op. Att'y Gen. No. 53-5874.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 4 - Propagation of Fish and Game › Section 17-4-11 - [Licensing of private lakes and parks; "proprietor" defined.]

The provisions of this article in relation to private parks and lakes, the licensing thereof for the keeping and propagation of game and game fish therein, and permitting the same thereof, shall apply to every park or lake or such part thereof, as is on land held by private ownership, and to every lake, the water of which, or the right to use of such water, in whole or in part, has been or may hereafter be acquired under the laws of this state or of the United States, for irrigation purposes, and the owner of such land or water right shall be deemed the proprietor of such park or lake, and of the game or fish therein to the extent of his ownership of such land or water right.
History:
Laws 1912, ch. 85, § 62; Code 1915, § 2485; C.S. 1929, § 57-304; 1941 Comp., § 43-409; 1953 Comp., § 53-4-9.
ANNOTATIONS
Cross references.
— For lessee or grantee being deemed proprietor,
see
17-4-23 NMSA 1978.
Compiler's notes.
— The compilers of the 1915 Code substituted the words "this article" for the words "this division." "This division" would refer to "Division A" of Laws 1912, ch. 85. See compiler's notes to 17-4-10 NMSA 1978. "This article" would mean Article 2, Chapter 47, 1915 Code, compiled as 17-2-27, 17-4-8 to 17-4-29 NMSA 1978.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 4 - Propagation of Fish and Game › Section 17-4-12 - [Application for license; contents; maximum area; fencing.]

Any person having already established or desiring to establish or maintain a park or lake for the purpose of keeping or propagating and selling the game or game fish therein or to be placed therein, shall apply in writing to the warden [director of the department of game and fish] stating the name, location, extent and proprietorship of the same, and kind and as near as may be, the number of game or game fish kept or desired to be kept therein, the term for which the license is desired and inclosing the fee therefor, and if upon examination by the warden it shall appear that the application is in good faith, and in other respects proper and reasonable, he shall grant to such applicant a license therefor; provided that the maximum area that may be included within any park shall not exceed three thousand two hundred acres, and that every park shall be enclosed by a game proof fence which shall conform to specifications required by the state game commission.
History:
Laws 1912, ch. 85, § 63; Code 1915, § 2486; C.S. 1929, § 57-305; Laws 1937, ch. 107, § 1; 1941 Comp., § 43-410; 1953 Comp., § 53-4-10.
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 power of state game commission to suspend, revoke or withhold licenses,
see
17-1-14 NMSA 1978.
For including series of lakes in license,
see
17-4-24 NMSA 1978.
For licenses in case of diverse proprietorship,
see
17-4-25 NMSA 1978.
For transfer of license upon transfer of interest,
see
17-4-27 NMSA 1978.
For duration and renewal of licenses and license fees,
see
17-4-28 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Licensing or otherwise regulating business of breeding and dealing in game or undomesticated animals, constitutionality of, 62 A.L.R. 473.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 4 - Propagation of Fish and Game › Section 17-4-13 - [Form of license.]

Such license shall be substantially in the following form:
STATE OF NEW MEXICO.
Department of Game and Fish.
Licensed Parks and Lakes.
No. ........... Class A.
Santa Fe ... 19 ...
This certifies that ...... proprietor of a (public or private) (park or lake) called ...... and situated on ...... Sec. ...... Twp. ...... Range ... in ...... county, New Mexico, is hereby authorized to keep and propagate therein and dispose of as provided by law the following (game quadrupeds, birds or fish), viz.: ...... together with such additions thereto (with the natural increase of all) as may be hereafter lawfully acquired. This license expires ...... years after date.
..........................................Warden [Director].
History:
Laws 1912, ch. 85, § 64; Code 1915, § 2487; C.S. 1929, § 57-306; 1941 Comp., § 43-411; 1953 Comp., § 53-4-11.
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 licenses being for one year and renewable annually,
see
17-4-28 NMSA 1978.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 4 - Propagation of Fish and Game › Section 17-4-14 - [Reduction in flow of water detrimental to fish in stream prohibited.]

No person owning or controlling any reservoir, lake or body of water into which public waters flow and which furnishes the water supply in whole or in part to any stream containing game fish shall divert or lessen such water in flow or supply to an extent detrimental to the fish in such stream, reservoir, lake or body of water.
History:
Laws 1912, ch. 85, § 65; Code 1915, § 2488; C.S. 1929, § 57-307; 1941 Comp., § 43-412; 1953 Comp., § 53-4-12.
ANNOTATIONS
United States held not liable for injuries from dredging canals.
— Where the United States, acting through the bureau of reclamation, dredged and removed from the canals and ditches the silt and deposits which had accumulated therein over the years, and as a natural consequence of these dredging operations, the water in appellee's ponds seeped back into the irrigation canals and the ponds were emptied, the trial court, citing this section, concluded that the act of the defendant in draining the plaintiff's property of all water, destroying plaintiff's fish and frogs, and leaving the plaintiff's land an arid desert land, constituted negligence per se. However, the court of appeals held that liability under the federal Tort Claims Act is not carte blanche, that the United States is liable as an individual only in the manner and to the extent to which it has consented, and that the facts fell clearly within the area of the exempted "discretionary function."
United States v. Gregory
, 300 F.2d 11 (10th Cir. 1962).
Bodies of water covered.
— All reservoirs, lakes and other bodies of water into which public waters flow are covered by this section. 1947 Op. Att'y Gen. No. 47-5111.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 4 - Propagation of Fish and Game › Section 17-4-15 - [Game and fish in licensed private parks or lakes property of licensee; hunting or fishing in any licensed park or lake without consent prohibited; reduction of game or fish in private preserve; permit.]

Except as in this division otherwise provided, all game and fish, with the natural increase thereof, held or confined in any private preserve, park or lake, licensed under the provisions of this act shall, during the existence of the license or any renewal thereof, be deemed the property of the licensee of the same to the extent that he may lawfully retain, pursue, capture, kill, use, sell or dispose of the game or fish therein in any quantity, in any manner and at any time of the year, and the pursuit, capture, wounding or killing of any game or fish in any licensed preserve, park or lake, public or private, without the consent of the proprietor, shall be unlawful; provided, that the aggregate number of game animals or fish in any licensed private preserve, park or lake, which contained game or fish belonging to the state at the time or date of the issuing of such license, shall not be lessened by the killing, use, sale or disposition thereof, it being the purpose of this provision to restrict such killing, use, sale and disposition to a number not exceeding in the aggregate the natural increase. If by reason of controlling necessity or for the purpose of stocking or replenishing some other park or lake, any proprietor of a licensed preserve, park or lake may desire to lessen the aggregate number above provided for, the state game and fish warden [director of the department of game and fish] may, on being satisfied of the property [propriety] thereof, grant a permit therefor.
History:
Laws 1912, ch. 85, § 66; Code 1915, § 2489; Laws 1915, ch. 101, § 18; C.S. 1929, § 57-308; 1941 Comp., § 43-413; 1953 Comp., § 53-4-13.
ANNOTATIONS
Compiler's notes.
— The words "this division" refer to "Division A" of Laws 1912, ch. 85.
See
compiler's notes to 17-4-10 NMSA 1978.
The words "this act" first appeared in the 1915 amendment and Laws 1915, ch. 101, the presently effective provisions of which are compiled as 17-2-13, 17-2-19, 17-4-15 and 17-4-26 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.
Cross references.
— For posting private property against hunting and fishing,
see
17-4-6 NMSA 1978.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 4 - Propagation of Fish and Game › Section 17-4-16 - [Invoice to be delivered to purchaser; form; duplicate mailed to director.]

When the proprietor of any licensed park or lake of class A shall sell or dispose of any game or game fish as herein provided, he shall, at the same time deliver to the purchaser or donee or attach thereto an invoice signed by such proprietor or his agent, stating the number of the license and name of such park, or lake, the date of disposition, the kind, and as near as practicable the number and weight of such game or fish, the name and address of the purchaser, consignee or donee. Such invoice shall authorize transportation within this state, possession and use for thirty days after its date, and shall be substantially in the following form:
STATE OF NEW MEXICO.
Department of Game and Fish.
Private Parks and Lakes - Invoice.
Name of park or lake ...... Class A. No. of license ...... Date ...... 19 ...
Kind and number of game and fish ...... Weight of same ...... lbs. Name of consignee ...... Address of consignee ......
This authorizes transportation within this state, possession and sale for thirty days after date if attached to article.
.........................Proprietor.
By .......................... Agent.
Such proprietor or his agent shall at the same time mail, postpaid, a duplicate of such invoice to the warden [director of the department of game and fish] at Santa Fe.
History:
Laws 1912, ch. 85, § 67; Code 1915, § 2490; C.S. 1929, § 57-309; 1941 Comp., § 43-415; 1953 Comp., § 53-4-15.
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 4 - Propagation of Fish and Game › Section 17-4-17 - [Invoice to be attached during shipment.]

When any such game or fish for which an invoice is required, is to be shipped by rail, express or other carrier, public or private, the invoice shall be securely attached thereto or to the package containing the same in plain sight, and the same may then be lawfully carried and delivered within this state to the consignee named in such invoice.
History:
Laws 1912, ch. 85, § 68; Code 1915, § 2491; C.S. 1929, § 57-310; 1941 Comp., § 43-416; 1953 Comp., § 53-4-16.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 4 - Propagation of Fish and Game › Section 17-4-18 - [Offering game or fish for sale; storage; keeping in hotel or eating place; invoice to remain attached.]

If such game or game fish is held, exposed or offered for sale or sold by the consignee or kept in any storage, hotel, restaurant, cafe or boardinghouse, such invoice shall be kept attached thereto as aforesaid until the same shall have been prepared for consumption.
History:
Laws 1912, ch. 85, § 69; Code 1915, § 2492; C.S. 1929, § 57-311; 1941 Comp., § 43-417; 1953 Comp., § 53-4-17.
ANNOTATIONS
Cross references.
— For menu as evidence of possession of game or fish,
see
17-2-18 NMSA 1978.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 4 - Propagation of Fish and Game › Section 17-4-19 - [Copy of invoice to be furnished purchaser upon resale.]

In case of a sale or disposition of such game or game fish or any part thereof the vendor shall at the same time make a copy of such invoice and endorse thereon the date of sale, the number and kind of game or fish so disposed of and the name of the purchaser, and sign and deliver the same to the purchaser or donee, who shall keep it attached as aforesaid until the game or fish is prepared for consumption, and the same shall have the same force and effect as the original invoice.
History:
Laws 1912, ch. 85, § 70; Code 1915, § 2493; C.S. 1929, § 57-312; 1941 Comp., § 43-418; 1953 Comp., § 53-4-18.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 4 - Propagation of Fish and Game › Section 17-4-20 - [Misstatements render invoice void; violation of law; possession of game or fish without invoice unlawful.]

Any willful misstatement in or any omission of a substantial requirement from any invoice or copy thereof, shall render the same void and be deemed a violation of this chapter, and the possession of any game or game fish without such invoice or a copy thereof attached thereto when so as above required shall be unlawful.
History:
Laws 1912, ch. 85, § 71; Code 1915, § 2494; C.S. 1929, § 57-313; 1941 Comp., § 43-419; 1953 Comp., § 53-4-19.
ANNOTATIONS
Compiler's notes.
— For meaning of words "this chapter",
see
note to 17-2-11 NMSA 1978.
Cross references.
— For menu as evidence of possession,
see
17-2-18 NMSA 1978.
For possession without invoice being prima facie evidence of unlawful taking or possession,
see
17-3-33 NMSA 1978.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 4 - Propagation of Fish and Game › Section 17-4-21 - [Proprietors of licensed private parks and lakes to furnish reports to director.]

The proprietor of every private park and lake licensed under the preceding sections shall, whenever required by the warden [director of the department of game and fish], make and send to the warden [director of the department of game and fish] at Santa Fe a report showing as near as practicable the kind, number, age and sex of the game, and the kind and number or weight of the game fish, added and disposed of during the year preceding and on hand at the date of the report.
History:
Laws 1912, ch. 85, § 72; Code 1915, § 2495; C.S. 1929, § 57-314; 1941 Comp., § 43-420; 1953 Comp., § 53-4-20.
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 4 - Propagation of Fish and Game › Section 17-4-22 - [Channels connecting private lakes under one license; use of screens.]

The rights acquired by the proprietor of a private lake licensed hereunder, and the prohibitions hereof, shall extend to and include all channels connecting a series or group of lakes under one license, and the warden [director of the department of game and fish] may authorize the use of such screens or other appliances as may be necessary to prevent the fish in a licensed lake of class A from escaping, and it shall be the duty of the proprietor to adopt and use such screens or other appliances as the warden [director of the department of game and fish] may direct to prevent the fish in public waters from entering such lake.
History:
Laws 1912, ch. 85, § 73; Code 1915, § 2496; C.S. 1929, § 57-315; 1941 Comp., § 43-421; 1953 Comp., § 53-4-21.
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 including series of lakes in one license,
see
17-4-24 NMSA 1978.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 4 - Propagation of Fish and Game › Section 17-4-23 - [Lease or grant of private park or lake; lessee or grantee deemed proprietor.]

When the owner of a private park or lake has granted or leased to another the right to keep and propagate game or fish therein, the grantee or lessee shall be deemed the proprietor and entitled to the license.
History:
Laws 1912, ch. 85, § 74; Code 1915, § 2497; C.S. 1929, § 57-316; 1941 Comp., § 43-422; 1953 Comp., § 53-4-22.
ANNOTATIONS
Cross references.
— For transfer of license being required upon transfer of interest,
see
17-4-27 NMSA 1978.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 4 - Propagation of Fish and Game › Section 17-4-24 - [Series of lakes may be included in one license.]

A series or group of lakes under one proprietorship or lease and situated in a reasonable proximity to each other may be included in one license, either as a private lake or licensed preserve.
History:
Laws 1912, ch. 85, § 75; Code 1915, § 2498; C.S. 1929, § 57-317; 1941 Comp., § 43-423; 1953 Comp., § 53-4-23.
ANNOTATIONS
Cross references.
— For connecting channels being included,
see
17-4-22 NMSA 1978.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 4 - Propagation of Fish and Game › Section 17-4-25 - [Diverse proprietorship; joint or separate licenses.]

In case of diverse proprietorship the license may be joint if the proprietors so elect, otherwise a separate license shall be required for each interest and the rights thereunder shall be coextensive with or in proportion to such interest.
History:
Laws 1912, ch. 85, § 76; Code 1915, § 2499; C.S. 1929, § 57-318; 1941 Comp., § 43-424; 1953 Comp., § 53-4-24.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 4 - Propagation of Fish and Game › Section 17-4-26 - [Notices against trespassing to be posted.]

There shall be kept posted conspicuously at every gate where a road or trail enters or crosses each licensed park or preserve, and at conspicuous places along the border of each licensed lake, plain notices not less than one foot square, stating that the same is private property, and warning persons against trespassing thereon.
History:
Laws 1912, ch. 85, § 77; Code 1915, § 2500; Laws 1915, ch. 101, § 19; C.S. 1929, § 57-319; 1941 Comp., § 43-425; 1953 Comp., § 53-4-25.
ANNOTATIONS
Cross references.
— For posting notice of intention to protect game on private property,
see
17-4-6 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Entry on private lands in pursuit of wounded game as criminal trespass, 41 A.L.R.4th 805.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 4 - Propagation of Fish and Game › Section 17-4-27 - [Transfer of license required upon transfer of interest.]

In case of a transfer of proprietorship or interest in any park, lake or preserve, the transferee, shall, within thirty days thereafter procure from the warden [director of the department of game and fish] a transfer of the license endorsed on the back thereof.
History:
Laws 1912, ch. 85, § 78; Code 1915, § 2501; C.S. 1929, § 57-320; 1941 Comp., § 43-426; 1953 Comp., § 53-4-26.
ANNOTATIONS
Cross references.
— For lessee or grantee being deemed proprietor,
see
17-4-23 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.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 4 - Propagation of Fish and Game › Section 17-4-28 - Parks, lakes and preserves; license; fees.

A. Licenses for private parks, lakes and preserves may be for one year, and any license shall be renewed annually at the request of the licensee.
B. The director of the department of game and fish shall charge and collect just and reasonable fees for the following permits under Sections 17-4-8 through 17-4-28 NMSA 1978, as determined by regulation of the state game commission:
(1) permit to capture or exchange;
(2) quadruped park license;
(3) each renewal of each quadruped park license;
(4) one lake license;
(5) each renewal of one lake license;
(6) each additional lake license;
(7) each renewal of each additional lake license; and
(8) each certificate, permit or license not provided for in this section.
History:
Laws 1912, ch. 85, § 79; Code 1915, § 2502; C.S. 1929, § 57-321; 1941 Comp., § 43-427; 1953 Comp., § 53-4-27; Laws 1973, ch. 141, § 1; 1992, ch. 29, § 6.
ANNOTATIONS
The 1992 amendment,
effective April 1, 1992, rewrote the introductory language in Subsection B, deleted references to specific dollar amounts in Paragraphs (1) to (8); and made stylistic changes.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 4 - Propagation of Fish and Game › Section 17-4-29 - Floating logs in fish stream; restocking; penalty.

All persons floating logs, timber, lumber, ties or poles in any stream containing game fish shall, for each mile of the streams used, annually deposit one thousand trout fry or fingerlings at times and places designated by the department of game and fish. Any person failing to comply with the provisions of this section is guilty of a misdemeanor.
History:
Laws 1912, ch. 85, § 80; Code 1915, § 2503; C.S. 1929, § 57-322; 1941 Comp., § 43-428; 1953 Comp., § 53-4-28; Laws 1963, ch. 213, § 6.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 4 - Propagation of Fish and Game › Section 17-4-30 - [Federal aid.]

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 fish restoration and management projects, and for other purposes," approved August 9, 1950 (Public Law 681, 81st 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 fish restoration and management 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:
1941 Comp., § 43-429, enacted by Laws 1951, ch. 66, § 1; 1953 Comp., § 53-4-29.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— For the act of congress referred to, see 16 U.S.C. § 777 et seq., under which regulations are promulgated by the secretary of the interior, not the secretary of agriculture.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 4 - Propagation of Fish and Game › Section 17-4-31 - [Federal funds; disbursement.]

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 as other moneys are withdrawn from the state game protection fund.
History:
1941 Comp., § 43-430, enacted by Laws 1951, ch. 66, § 2; 1953 Comp., § 53-4-30.
ANNOTATIONS
Compiler's notes.
— For meaning of "aforesaid act of congress,"
see
compiler's note to 17-4-30 NMSA 1978.
Cross references.
— For game protection fund,
see
17-1-14 NMSA 1978.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 4 - Propagation of Fish and Game › Section 17-4-32 - Destruction of boundary markers[; penalty].

Every person who shall wilfully [willfully], maliciously and without cause, break down, injure, remove or destroy any sign, marker or poster erected for the purpose of designating the boundaries of any tract of land, refuge, sanctuary for wildlife, or for the purpose of designating the boundaries of a hunting area set forth by the state game commission, or under the direction of the director of the department of game and fish, shall, upon conviction thereof, be guilty of a petty misdemeanor.
History:
1953 Comp., § 53-4-31, enacted by Laws 1965, ch. 73, § 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 4 - Propagation of Fish and Game › Section 17-4-34 - Habitat management stamp; fund; expenditure for habitat management; exception.

A. On and after April 1, 2006, each of the following licenses or permits shall include a habitat management stamp. The fee for a habitat management stamp shall be three dollars ($3.00). Each of the following licenses or permits shall not be considered to be a proper and valid license unless the licensee can demonstrate, by a stamp, check off or other official mark, that the fee for the habitat management stamp has been paid, provided that an individual purchaser shall be required to purchase only one stamp each license year, regardless of the number of licenses or permits purchased by that purchaser:
(1) a resident or nonresident license specified in Section 17-3-13 NMSA 1978; or
(2) a wildlife-associated recreation permit issued by the state game commission pursuant to Section 17-1-4 NMSA 1978.
B. Revenue from the sale of habitat management stamps shall be deposited in the "habitat management fund", hereby created in the state treasury. The fund shall consist of money appropriated and transferred to the fund and revenue from the sale of habitat management stamps deposited in the fund. Earnings from investment of the fund shall be credited to the fund. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert. Disbursements from the fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the director of the department of game and fish.
C. Upon appropriation by the legislature, money in the habitat management fund may be expended by the state game commission only for the improvement, maintenance, development and operation of property for fish and wildlife habitat management.
D. A habitat management stamp shall not be required for persons under the age of eighteen.
History:
Laws 2005, ch. 177, § 2.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 177 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 5 - Trappers and Fur Dealers › Section 17-5-1 - Declaration of policy.

It is the purpose of Sections 17-5-1 through 17-5-9 NMSA 1978 and the policy of New Mexico to provide an adequate and flexible system for the protection of fur-bearing animals to the end that valuable fur resources shall not be wasted or depleted.
History:
Laws 1939, ch. 178, § 1; 1941 Comp., § 43-501; 1953 Comp., § 53-5-1; Laws 1980, ch. 15, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
35 Am. Jur. 2d Fish and Game §§ 6, 16, 29, 38.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 5 - Trappers and Fur Dealers › Section 17-5-2 - Fur-bearing and nongame animals defined; property of state.

The following quadrupeds are hereby defined as fur-bearing animals, to wit: muskrat, mink, weasel, beaver, otter, nutria, masked or blackfooted ferret, ringtail cat, raccoon, pine marten, coatimundi, badgers, bobcat and all species of foxes. These animals and their pelts are hereby declared to be the property of the state until they shall have been lawfully taken, killed or captured as provided by Sections 17-5-1 through 17-5-9 NMSA 1978, except as to beaver and beaver pelts, the taking of which shall be subjected to the application of Section 17-3-31 NMSA 1978.
History:
Laws 1939, ch. 178, § 2; 1941 Comp., § 43-502; 1953 Comp., § 53-5-2; Laws 1955, ch. 57, § 1; 1980, ch. 15, § 2; 1981, ch. 342, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 1955, ch. 57, § 4, declares that the part of this section that includes beaver among the nonpredatory fur-bearing animals shall be effective only upon enactment of a New Mexico statute excluding beaver from the list of game animals. Laws 1955, ch. 58, § 1, deleted beaver from the list of game animals. For present list of game mammals, birds and fish,
see
17-2-3 NMSA 1978.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 5 - Trappers and Fur Dealers › Section 17-5-3 - Seasons; special permits to take animals doing damage.

Fur-bearing animals as defined in Section 17-5-2 NMSA 1978 shall be taken only during the seasons declared by regulation of the state game commission promulgated as provided in Section 17-5-4 NMSA 1978. The director may, however, issue permits at any time for the taking of fur-bearing animals doing damage to game, private property, poultry or livestock.
History:
Laws 1939, ch. 178, § 3; 1941 Comp., § 43-503; 1953 Comp., § 53-5-3; Laws 1955, ch. 57, § 2; 1980, ch. 15, § 3.
ANNOTATIONS
Cross references.
— For permit to destroy protected game doing damage,
see
17-3-31 NMSA 1978.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 5 - Trappers and Fur Dealers › Section 17-5-4 - State game commission to administer act; rules and regulations.

The state game commission is authorized and directed to administer the provisions of Sections 17-5-1 through 17-5-9 NMSA 1978, and to make such rules and regulations and establish such service as it may deem necessary to carry out all the provisions and purposes of those sections. In making such rules and regulations and providing when and by what means fur-bearing animals may be hunted, taken, captured, possessed or killed, the state game commission shall give due regard to the zones of temperatures and to the distribution, abundance, economic value and breeding habits of such animals. Provided, nothing in Sections 17-5-1 through 17-5-9 NMSA 1978 shall interfere with the authority granted to the president of New Mexico state university under Sections 77-15-1 through 77-15-5 NMSA 1978, or shall prevent livestock producers without a permit from the taking of bobcats that are doing damage to livestock.
History:
Laws 1939, ch. 178, § 4; 1941 Comp., § 43-504; 1953 Comp., § 53-5-4; Laws 1980, ch. 15, § 4.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 5 - Trappers and Fur Dealers › Section 17-5-5 - Trapper's licenses.

A. No resident who has reached his twelfth birthday shall capture, trap or possess any fur-bearing animal or attempt to do so without first procuring a resident trapper's license; or, in the case of a resident who has reached his twelfth birthday but not his eighteenth birthday, a resident junior trapper's license.
B. No nonresident shall capture, trap or possess any fur-bearing animal or skunk or coyote or attempt to do so without first procuring a nonresident trapper's license.
C. No nonresident who resides in a state that does not permit New Mexico residents to procure nonresident trapper's licenses may purchase a New Mexico nonresident trapper's license.
D. Trappers shall release all fur-bearing animals trapped during closed seasons, and resident trappers who release all fur-bearing animals during open seasons need not procure a trapper's license.
E. Trappers on official business, paid from state and federal funds and under supervision of the department of game and fish, the New Mexico department of agriculture or the United States fish and wildlife service need not purchase a trapper's license.
F. Trapping of animals, both fur-bearing and nongame, by a resident in order to protect his livestock or domesticated animals or fowl shall not be subject to rules and regulations on trapping made pursuant to Section 17-5-4 NMSA 1978 or to licensing requirements provided in this section.
G. The state game commission may by regulation require holders of trapper's licenses to use bobcat pelt tags and may specify the conditions for use of the tags.
History:
Laws 1939, ch. 178, § 5; 1941 Comp., § 43-505; 1953 Comp., § 53-5-5; Laws 1955, ch. 57, § 3; 1964 (1st S.S.), ch. 17, § 9; 1980, ch. 15, § 5; 1981, ch. 342, § 2; 1983, ch. 117, § 5.
ANNOTATIONS
Cross references.
— For power of commission to withhold license,
see
17-1-14 NMSA 1978.
For duration of license,
see
17-3-1 NMSA 1978.
For amount of license fee,
see
17-3-13 NMSA 1978.
For revocation of license,
see
17-5-9 NMSA 1978.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 5 - Trappers and Fur Dealers › Section 17-5-6 - Fur dealer licenses.

A. Except for trappers selling their own catches, any person, firm or corporation engaged in the business of buying or selling unprocessed skins or pelts of any fur-bearing animal is a "fur dealer." It is a misdemeanor to engage in business as a fur dealer or solicit such business without first procuring a fur dealer license, except that resident fur dealers who buy and sell less than fifty skins or pelts of fur-bearing animals each year need not purchase a fur dealer license.
B. Every fur dealer shall file with the department of game and fish, not later than the tenth of each month, a sworn statement showing the number and kind of skins and pelts of fur-bearing animals purchased and sold during the preceding month.
C. The provisions of this section apply to fur dealers who buy and sell the skins or pelts of predatory animals as well as to those who buy and sell the skins or pelts of protected nonpredatory fur-bearing animals.
History:
Laws 1939, ch. 178, § 6; 1941 Comp., § 43-506; 1953 Comp., § 53-5-6; Laws 1964 (1st S.S.), ch. 17, § 10.
ANNOTATIONS
Cross references.
— For power of commission to withhold license,
see
17-1-14 NMSA 1978.
For duration of license,
see
17-3-1 NMSA 1978.
For amount of license fee,
see
17-3-13 NMSA 1978.
For revocation of license,
see
17-5-9 NMSA 1978.
Effective date provision is invalid.
— Laws 1964 (1st S.S.), ch. 17, § 12, making the act effective on April 1, 1964, was a nullity under N.M. Const., art. IV, § 23. Since the act did not pass as an emergency measure, the legislature was proscribed by the constitution from providing that the act would go into effect sooner than 90 days after adjournment on February 25, 1964. 1964 Op. Att'y Gen. No. 64-91.
Permit required whether animals bred or trapped.
— All persons, whether dealing in pelts resulting from the commercial enterprise of fur-bearing animal breeding or whether dealing in pelts resulting from the trapping of wild fur-bearing animals, are required by law to secure the permit provided for before engaging in such business. 1954 Op. Att'y Gen. No. 54-6043.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
51 Am. Jur. 2d Licenses and Permits § 31.