reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-16 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2001, ch. 66, § 3, repealed 17-2-16 NMSA 1978, as amended by Laws 1979, ch. 340, § 5, regarding the prohibition of the capturing or killing of bullfrogs, effective June 15, 2001.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 17-2-17 - [Storage of game or fish.]

No game or fish shall be received or held in storage except as follows, namely:
A. during the open season therefor and for five days thereafter when the same is stored for the person lawfully in possession of the same;
B. at any time of the year when there is attached thereto a proper and valid officer's invoice as provided in this chapter relating to the seizure of game and fish for not more than thirty days after the date of such invoice;
C. when there is attached thereto a proper and valid certificate or permit signed by the state warden [director of the department of game and fish] or deputy [conservation officer] and on its face authorizing storage of the article named therein and during the period therein stated.
History:
Laws 1912, ch. 85, § 26; Code 1915, § 2449; C.S. 1929, § 57-235; 1941 Comp., § 43-222; 1953 Comp., § 53-2-20.
ANNOTATIONS
Compiler's notes.
— The compilers of the 1915 Code substituted the words "this chapter" for the words "this act" in Subsection B. For disposition of Chapter 47, 1915 Code, in NMSA 1978,
see
note to 17-2-11 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 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-18 - [Menu as evidence of possession of game or fish.]

The naming of game and fish upon any menu or bill of fare as food for patrons shall be prima facie evidence of the possession of the same by the proprietor of such hotel, restaurant, cafe or boardinghouse.
History:
Laws 1912, ch. 85, § 28; Code 1915, § 2451; C.S. 1929, § 57-237; 1941 Comp., § 43-223; 1953 Comp., § 53-2-21.
ANNOTATIONS
Cross references.
— For possession of game or fish without invoice,
see
17-4-20 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 17-2-20 - [Seizure of devices used for violating law; nuisance; destruction; firearms excepted.]

Every net, trap, explosive, poisonous or stupefying substance, or device used or intended for use in taking or killing game or fish in violation of this chapter, and set, kept or found in or upon any of the streams or waters in this state or upon the shores thereof, and every trap, device, blind or deadfall found baited in violation of this chapter, is declared to be a public nuisance and may be abated and summarily destroyed by any person and it shall be the duty of every officer authorized to enforce this chapter to seize and summarily destroy the same and no prosecution or suit shall be maintained for such destruction; provided, that nothing in this chapter shall be construed as affecting the right of the state warden [director of the department of game and fish] to use such means as may be proper for the promotion of game and fish propagation and culture, nor as authorizing the seizure or destruction of firearms.
History:
Laws 1912, ch. 85, § 31; Code 1915, § 2454; C.S. 1929, § 57-240; 1941 Comp., § 43-225; 1953 Comp., § 53-2-23.
ANNOTATIONS
Compiler's notes.
— The compilers of the 1915 Code substituted the words "this chapter" for the words "this act." For disposition of Chapter 47, 1915 Code, in NMSA 1978, see note to 17-2-11 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.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Jury trial in case of seizure or destruction of appliances, 17 A.L.R. 574, 50 A.L.R. 97.
36A C.J.S. Fish § 42; 38 C.J.S. Game §§ 61, 63, 64, 67.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-20.1 - Seizure and forfeiture; property subject.

A. All firearms and bows and arrows may be subject to seizure and forfeiture when used as instrumentalities in the commission of the following crimes:
(1) illegal possession or transportation of big game during closed season;
(2) taking big game during closed season;
(3) attempting to take big game by the use of spotlight or artificial light; and
(4) exceeding the bag limit on any big game species during open season.
B. Any motor vehicle shall be subject to seizure and forfeiture when operated in violation of the provisions of Section 17-2-31 NMSA 1978, regarding hunting by spotlight.
C. The provisions of the Forfeiture Act [Chapter 31, Article 27 NMSA 1978] apply to the seizure, forfeiture and disposal of property subject to forfeiture pursuant to Subsections A and B of this section.
History:
1978 Comp., § 17-2-20.1, enacted by Laws 1979, ch. 321, § 1; 1991, ch. 53, § 1; 2002, ch. 4, § 9.
ANNOTATIONS
The 2002 amendment,
effective July 1, 2002, deleted former Subsection B, which read: "Provided that no firearms or bows and arrows shall be subject to forfeiture if the violation was without the knowledge or consent of the owner"; redesignated former Subsection C as present Subsection B and deleted the last sentence of that section, which directed that seized and forfeited motor vehicles were to be disposed of in accordance with the provisions of Section 17-2-20.2 NMSA 1978; deleted former Subsection D, which read: "No conveyance is subject to forfeiture under this section by reason of any act or omission established for the owner to have been committed or omitted without his knowledge or consent. A forfeiture of a conveyance encumbered by a bona fide security interest shall be subject to the interest of a secured party if the secured party neither had knowledge of nor consented to the act or omission"; and added present Subsection C.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
35 Am. Jur. 2d Fish and Game §§ 52 to 54.
Right to jury trial in case of seizure of property alleged to be illegally used, 17 A.L.R. 568, 50 A.L.R. 97.
Forfeiture of property for unlawful use before trial of individual offender, 3 A.L.R.2d 738.
Validity, construction, and effect of statutes or regulations making possession of fish and game, or of specified hunting or fishing equipment, prima facie evidence of violation, 81 A.L.R.2d 1093.
Lawfulness of seizure of property used in violation of law as prerequisite to forfeiture action or proceeding, 8 A.L.R.3d 473.
Seizure and forfeiture of firearms or ammunition under 18 USCS § 924(d), 57 A.L.R. Fed. 234.
37 C.J.S. Forfeitures § 3; 38 C.J.S. Game §§ 61, 63, 64, 67.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-20.2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2002, ch. 4, § 22 repealed 17-2-20.2 NMSA 1978, as enacted by Laws 1979, ch. 321, § 2, relating to standards and procedures for the forfeiture of property subject to forfeiture and disposal under 17-2-20.1 NMSA 1978, effective July 1, 2002. For provisions of former section,
see
the 2001 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
31-27-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-20.3 - Penalties.

The following violations shall constitute a misdemeanor:
A. illegal possession or transportation of big game during closed season;
B. taking or attempting to take big game during closed season;
C. taking or attempting to take big game by the use of spotlight or artificial light;
D. selling or attempting to sell big game or parts thereof, except as permitted by regulation of the state game commission; and
E. exceeding the bag limit on any big game species during open season.
History:
1978 Comp., § 17-2-20.3, enacted by Laws 1979, ch. 321, § 3.
ANNOTATIONS
Cross references.
— For general penalties,
see
17-2-10 NMSA 1978.
For civil liability,
see
17-2-26 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
35 Am. Jur. 2d Fish and Game §§ 46 to 52.
Applicability, to domesticated or captive game, of game laws relating to closed season and the like, 74 A.L.R.2d 974.
Validity, construction, and effect of statutes or regulations making possession of fish and game, or of specified hunting or fishing equipment, prima facie evidence of violation, 81 A.L.R.2d 1093.
38 C.J.S. Game §§ 8, 22-28, 30, 41, 51, 58, 76.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-21 - [Sale or disposition of game or fish after seizure; invoice furnished purchaser or donee; disposition of proceeds of sale.]

All game and fish seized under the game laws shall without unnecessary delay be sold by the officer making such seizure, or by the state warden [director of the department of game and fish], except when such sale is impracticable or likely to incur expenses exceeding the proceeds, in which case the same shall be donated to some charitable institution or needy person not concerned in the unlawful killing, or possession thereof. The officer making such seizure shall sign and give to each purchaser or donee an invoice stating the time and place of disposition, the kind and weight as near as may be of the game or fish disposed of and the name of the purchaser or donee. Such invoice shall authorize possession, transportation and use within the state, and storage for thirty days from date. The proceeds from such sale, after deducting the cost of seizure and sale shall, if made by the state warden [director] or any deputy [conservation officer] under salary, be paid into the game protection fund, but if made by a deputy warden [conservation officer] not under salary, or any other officer, shall be paid one-half to the officer making such seizure.
History:
Laws 1912, ch. 85, § 23; Code 1915, § 2446; C.S. 1929, § 57-232; 1941 Comp., § 43-226; 1953 Comp., § 53-2-24.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 1955, ch. 59, § 2 transferred the duties of the state game warden.
See
17-1-6 NMSA 1978.
Cross references.
— For sale of skins, pelts or furs involved in violation,
see
17-5-9 NMSA 1978.
Return of game or proceeds after wrongful confiscation.
— Where the department of game and fish confiscated an elk from a person charged with a hunting misdemeanor, and the magistrate court dismissed the case because the game officer failed to identify the defendant at the hearing as the person charged, the department was not required to return the elk, or the proceeds from the sale of the elk, to that person. 1988 Op. Att'y Gen. No. 88-43.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-22 - Sale of evidence in cases of appeal.

A. For the purpose of avoiding waste, game or fish confiscated and held as evidence in any prosecution for violation of the game laws, if fit for human consumption, shall be sold by the conservation officer or other officer having jurisdiction in the prosecution as soon as possible after the filing of any appeal from the decision of the court to any higher court.
B. The evidence shall be sold for the highest cash price offered and the proceeds of the sale forwarded to the main office of the department of game and fish at Santa Fe to be deposited in the game protection fund. A copy of the receipt of sale shall be delivered to the court and shall be attached to the papers forwarded to the higher court on appeal.
C. If the higher court finds the defendant to be not guilty of the charge he shall be reimbursed within ten days after such decision by the department of game and fish for the full amount of the proceeds from the sale of evidence.
History:
1953 Comp., § 53-2-24.1, enacted by Laws 1963, ch. 216, § 1.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-23 - [Reports of seizures and sales.]

In all cases the officer making a seizure or sale shall, within ten days thereafter, report all the particulars thereof and an itemized statement of the proceeds, expenses and fees and the disposition thereof, and pay the remainder of the proceeds, if any, to the state treasurer to be by him paid into the game protection fund.
History:
Laws 1912, ch. 85, § 24; Code 1915, § 2447; C.S. 1929, § 57-233; 1941 Comp., § 43-227; 1953 Comp., § 53-2-25.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-24 - [Officer's right to use animal or vehicle transporting seized game or fish; public conveyances excepted.]

Where game or fish while being transported is seized under this chapter, the officer making such seizure shall have authority upon payment of reasonable compensation therefor, to also take possession of and use any animals and vehicles used in such transportation for the purpose of conveying the game or fish seized to a convenient railroad station or place of safekeeping or sale, and also for conveying any person arrested for the unlawful possession of such game or fish to a place of hearing or trial, and no liability shall attach to such officer by reason thereof, but this section shall not apply to any animal or vehicle while being used as a public conveyance for passengers or mails, or any railroad car.
History:
Laws 1912, ch. 85, § 25; Code 1915, § 2448; C.S. 1929, § 57-234; 1941 Comp., § 43-228; 1953 Comp., § 53-2-26.
ANNOTATIONS
Compiler's notes.
— The compilers of the 1915 Code substituted the words "this chapter" for the words "this act." 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 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-25 - [Game or fish in possession of passenger; carrier exempt from liability; seizure.]

Nothing in this chapter shall make a common carrier liable for transportation of game and fish when same is in the possession of a passenger, but such fact shall not exempt the same from seizure if unlawfully taken, killed, held in possession or transported.
History:
Laws 1912, ch. 85, § 37; Code 1915, § 2460; C.S. 1929, § 57-245; 1941 Comp., § 43-229; 1953 Comp., § 53-2-27.
ANNOTATIONS
Compiler's notes.
— The compilers of the 1915 Code substituted the words "in this chapter" for the word "herein." 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 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-27 - [District attorneys to prosecute and defend actions under fish and game laws.]

It shall be the duty of each of the district attorneys in this state to prosecute and defend for the state in all courts of the county or counties in their respective districts, all causes, criminal and civil, arising under the provisions of this chapter, in which the state may be a party or interested or concerned.
History:
Laws 1912, ch. 85, § 81; Code 1915, § 2504; C.S. 1929, § 57-323; 1941 Comp., § 43-231; 1953 Comp., § 53-2-29.
ANNOTATIONS
Compiler's notes.
— The compilers of the 1915 Code substituted the words "this chapter" for the words "this act." 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 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-29 - [Hunting and boating while intoxicated or under the influence of narcotic drugs prohibited.]

In order to prevent hunting and boating accidents and to promote the public safety, it shall hereafter be unlawful for any person, while clearly intoxicated as a result of drinking alcoholic liquors or under the influence of any narcotic drug, to hunt, kill or attempt to take in any manner any game or nongame mammal or bird, or to carry firearms of any kind or bow and arrows in any hunting area; or to go or to be upon the waters of any lake in a boat or on a raft.
History:
1941 Comp., § 43-240; Laws 1953, ch. 98, § 1; 1953 Comp., § 53-2-32.
ANNOTATIONS
Cross references.
— For prohibited operation of motorboats, vessels, etc.,
see
66-12-11 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Criminal liability for injury or death caused by operation of pleasure boat, 8 A.L.R.4th 886.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-30 - [Person convicted of hunting or boating while intoxicated or under influence of narcotic drugs; revocation and withholding of hunting and fishing license privileges.]

In the event any person shall be convicted of a violation of this act [17-2-29, 17-2-30 NMSA 1978], his hunting and fishing license shall be revoked and all hunting and fishing license privileges withheld for a period of twelve months.
History:
1941 Comp., § 43-244; Laws 1953, ch. 98, § 5; 1953 Comp., § 53-2-36.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Criminal liability for injury or death caused by operation of pleasure boat, 8 A.L.R.4th 886.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-31 - Use of artificial light while hunting prohibited.

It is unlawful for a person or a group of persons together in possession or control of a firearm or other implement to throw or cast the rays of a spotlight or other artificial light into any field, pasture, woodland, forest or prairie where big game or domestic livestock may be, or are reasonably expected to be, whereby any big game animal or domestic animal could be killed by aid of an artificial light. However, the following shall be exempt from the provisions of this section:
A. an officer authorized to enforce the game and livestock laws of the state;
B. a government employee acting in an official capacity;
C. a landowner or lessee or employee of such landowner or lessee, while on the land owned or leased in connection with legitimate activities; or
D. a person who has received a permit or authorization from the department of game and fish to conduct such activities.
History:
1941 Comp., § 43-235; Laws 1951, ch. 171, § 1; 1953 Comp., § 53-2-37; 2007, ch. 155, § 1.
ANNOTATIONS
Cross references.
— For penalty for violation of this section,
see
17-2-10 NMSA 1978.
The 2007 amendment
, effective June 15, 2007, added the exemptions in Subsections B and D.
Section is not void for uncertainty.
State v. Barber
, 91 N.M. 764, 581 P.2nd 27 (Ct. App. 1978).
Absence of criminal intent element does not violate due process.
— Given the public interest concerned and the difficulties involved in the protection of big game animals and livestock, together with the apparent general public attitude, it appears that the legislature intended to eliminate the element of criminal intent in hunting by means of artificial light so that it is the doing on the act alone which is prohibited, and this does not violate due process.
State v. Barber
, 1978-NMCA-059, 91 N.M. 764, 581 P.2d 27.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 1 - GENERAL PROVISIONS › Section 17-2-32 - Diseased rabbits; hunting and trapping.

The department of game and fish may restrict hunting and trapping of rabbits in any area when notified by the department of public health [department of health] that rabbits in the area are infected with bubonic plague. Any restriction under this section shall be terminated when the department of public health [department of health] notifies the department of game and fish that danger, of public health significance, no longer exists in the area with respect to these diseased rabbits.
History:
1953 Comp., § 53-2-45, enacted by Laws 1963, ch. 150, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 1968, ch. 37, § 3, transferred the functions of the department of public health to the department of health and social services.
Section is not void for uncertainty.
State v. Barber
, 1978-NMCA-059, 91 N.M. 764, 581 P.2d 27.
Absence of criminal intent element does not violate due process.
— Given the public interest concerned and the difficulties involved in the protection of big game animals and livestock, together with the apparent general public attitude, it appears that the legislature intended to eliminate the element of criminal intent so that it is the doing of the act alone which is prohibited, and this does not violate due process.
State v. Barber
, 1978-NMCA-059, 91 N.M. 764, 581 P.2d 27.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 2 - HUNTER TRAINING ACT › Section 17-2-33 - Use of firearms by minors.

A. It is unlawful after April 1, 1972, for any person born after January 1, 1958, to hunt with or shoot a firearm, unless:
(1) he is supervised by a parent, legal guardian or a responsible adult designated by the parent or guardian; or
(2) he carries a certificate indicating that he has successfully completed the New Mexico hunter training course or the hunter training course of another state which is approved by the New Mexico department of game and fish; or
(3) he is eighteen years of age or older.
B. It is unlawful after April 1, 1976, for any person under the age of eighteen years to hunt with or shoot a firearm unless he is carrying a certificate indicating that he has successfully completed the New Mexico hunter training course or a hunter training course of another state which is approved by the New Mexico department of game and fish.
C. Any person violating the pvovisions [provisions] of this section is guilty of a petty misdemeanor.
History:
1953 Comp., § 53-2-46, enacted by Laws 1971, ch. 61, § 2.
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 2 - Hunting and Fishing Regulations › Part 2 - HUNTER TRAINING ACT › Section 17-2-34 - Hunter training program; instructor certification; certificate of competency.

A. The department of game and fish shall provide a course instruction in the safe handling of firearms for individuals interested in obtaining a certificate of competency in the safe handling of firearms. The department may cooperate with the superintendent of public instruction or any reputable association or organization as determined by the department and having as one of its objectives the promotion of safety in firearm handling.
B. The department of game and fish shall prescribe the type of instruction and the qualifications of instructors and shall designate annually those persons qualified to give instruction in the safe handling of firearms. Persons designated by the department of game and fish to be instructors are authorized to give the course of instruction in the safe handling of firearms to all interested persons. Upon the completion of the course and certification to the department by the instructor, the department shall cause to be issued, to the person instructed, a certificate of competency in the safe handling of firearms, which shall be valid unless revoked by the department of game and fish for such cause as determined by regulation of the department to be unsafe handling of a firearm.
C. The department of game and fish shall promulgate rules and regulations to implement the provisions of the Hunter Training Act [17-2-33 NMSA 1978].
History:
1953 Comp., § 53-2-47, enacted by Laws 1971, ch. 61, § 3.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 2 - HUNTER TRAINING ACT › Section 17-2-35 - Exemption.

Nothing in the Hunter Training Act [17-2-33 to 17-2-36 NMSA 1978] shall prohibit any person from carrying or shooting a firearm while participating in an organized and supervised shooting program, or while under the immediate and direct supervision of a parent, guardian or responsible adult, or while participating in a course of instruction in the safe handling of firearms offered by the department of game and fish. However, no exemption shall permit hunting without possession of a valid hunter training certificate.
History:
1953 Comp., § 53-2-48, enacted by Laws 1971, ch. 61, § 4; 1981, ch. 306, § 1.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 2 - HUNTER TRAINING ACT › Section 17-2-36 - Short title.

This act [17-2-33 to 17-2-36 NMSA 1978] may be cited as the "Hunter Training Act".
History:
1953 Comp., § 53-2-49, enacted by Laws 1971, ch. 61, § 1.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 3 - WILDLIFE CONSERVATION ACT › Section 17-2-39 - Findings and declarations.

The legislature finds and declares that:
A. species of wildlife indigenous to the state that may be found to be threatened or endangered should be managed to maintain and, to the extent possible, enhance their numbers within the carrying capacity of the habitat;
B. the state should assist in the management of species of wildlife that are deemed to be endangered elsewhere by prohibiting the taking, possession, transportation, exportation, processing, sale or offering for sale or shipment within this state of species of wildlife listed on the United States lists of endangered fish and wildlife, unless such actions will assist in preserving or propagating the species;
C. adequate funding should be made available to the department of game and fish by annual appropriations from the general fund or from other sources separate and apart from the game protection fund for management of threatened or endangered species; and
D. because the management and recovery of threatened or endangered species are the responsibility of and a benefit to all of society, the costs of management and recovery should be the responsibility of all sectors of society, and those costs should be minimized and should be borne by federal, state and local governments with contributions from the private sector.
History:
1953 Comp., § 53-2-52, enacted by Laws 1974, ch. 83, § 3; 1995, ch. 145, § 3.
ANNOTATIONS
Cross references.
— For the game protection fund,
see
17-1-14 NMSA 1978.
The 1995 amendment,
in Subsection A, deleted "and subspecies" following "species" and inserted "threatened or" preceding "endangered"; deleted "or subspecies" following "species" in three places in Subsection B; in Subsection C, inserted "should" following "funding", deleted "and fish" preceding "protection fund" and inserted "threatened or"; and added Subsection D.
Law reviews.
— For article, "Hip Deep: A Survey of State Instream Flow Law From the Rocky Mountains to the Pacific Ocean", see 43 Nat. Resources J. 1151 (2003).
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 3 - WILDLIFE CONSERVATION ACT › Section 17-2-42 - Management programs.

A. The director shall establish such programs, including programs for research and the acquisition of land or aquatic habitat, as authorized and deemed necessary by the commission for the management of endangered species.
B. In carrying out programs authorized by the Wildlife Conservation Act [17-2-33 to 17-2-36 NMSA 1978], the director may enter into agreements with federal agencies, political subdivisions of the state or with private persons for administration and management of any program established under this section or utilized for management of endangered species.
C. The director may authorize by permit the taking, possession, transportation, exportation or shipment of species or subspecies which have been deemed by the commission to be in need of management as provided in the Wildlife Conservation Act, so long as such use is for scientific, zoological or educational purposes, for propagation in captivity of such wildlife or to protect private property.
D. Endangered species may be removed, captured or destroyed where necessary to alleviate or prevent damage to property or to protect human health. Such removal, capture or destruction may be carried out only by prior authorization by permit from the director, unless otherwise provided by law; provided, that endangered species may be removed, captured or destroyed without permit by any person in emergency situations involving an immediate threat to human life or private property. Regulations governing the removal, capture or destruction of endangered species shall be adopted by the commission within one year after the effective date of the Wildlife Conservation Act.
History:
1953 Comp., § 53-2-55, enacted by Laws 1974, ch. 83, § 6.
ANNOTATIONS
"Effective date of the Wildlife Conservation Act".
— The phrase "effective date of the Wildlife Conservation Act" means February 26, 1974, the effective date of Laws 1974, Chapter 83.
County ordinances conflicting with Wildlife Conservation Act are invalid.
— County land use ordinances attempting to restrict traditional federal and state regulatory authority conflict with, and thus are preempted by, the state Wildlife Conservation Act. These ordinances cannot lawfully grant to the counties the option of taking over the state's designated role in planning for the recovery and management of threatened or endangered species. 1994 Op. Att'y Gen. No. 94-01.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 3 - WILDLIFE CONSERVATION ACT › Section 17-2-43 - Commission; power to regulate.

The commission is authorized and directed to establish such regulations as it may deem necessary to carry out all the provisions and purposes of the Wildlife Conservation Act [17-2-33 to 17-2-36 NMSA 1978].
History:
1953 Comp., § 53-2-56, enacted by Laws 1974, ch. 83, § 7.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 3 - WILDLIFE CONSERVATION ACT › Section 17-2-43.1 - Judicial review; administrative actions.

A. Any person adversely affected by an order of the commission may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
B. Any person adversely affected by a regulation adopted by the commission may appeal to the court of appeals. All appeals shall be upon the record made at the hearing or contained in the public repository file and shall be taken to the court of appeals within thirty days following the date of the filing of the regulation by the commission pursuant to the provisions of the State Rules Act [Chapter 14, Article 4 NMSA 1978].
C. Upon appeal, the court of appeals shall set aside the regulation only if it is found to be:
(1) arbitrary, capricious or an abuse of discretion;
(2) not supported by substantial evidence in the record; or
(3) otherwise not in accordance with law.
D. After a hearing and a showing of good cause by the appellant, a stay of the regulation being appealed may be granted:
(1) by the commission; or
(2) by the court of appeals if the commission denies a stay or fails to act upon an application for a stay within sixty days after receipt of the application.
E. The appellant shall pay all costs for any appeal found to be frivolous by the court of appeals.
History:
Laws 1995, ch. 145, § 8; 1999, ch. 265, § 26.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, added Subsection A; redesignated former Subsection A as Subsection B, and in that subsection, substituted "a regulation adopted by the commission" for "an administrative action taken by the commission" in the first sentence, and substituted the language beginning "filing of the regulation" for "action" in the second sentence; and deleted former Subsection B, which read "For appeals of regulations, the date of the action shall be the date of the filing of the regulation by the commission pursuant to the provisions of the State Rules Act".
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 3 - WILDLIFE CONSERVATION ACT › Section 17-2-44 - Director; land or aquatic habitat interest acquisition.

In addition to other powers and duties, the director:
A. may acquire land or aquatic habitat interests for the conservation, management, restoration, propagation and protection of threatened or endangered species; and
B. shall conduct studies to determine the status and requirements for survival of threatened or endangered species.
History:
1953 Comp., § 53-2-57, enacted by Laws 1974, ch. 83, § 8; 1995, ch. 145, § 7.
ANNOTATIONS
The 1995 amendment
rewrote the section heading which read "Commission; land acquisition; state plan studies"; in Subsection A, substituted "land or aquatic habitat interests" for "lands, waters or interests therein" and inserted "threatened or"; deleted former Subsection B, relating to public hearings on a state plan for endangered species; and redesignated former Subsection C as Subsection B and inserted "threatened or" therein.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 3 - WILDLIFE CONSERVATION ACT › Section 17-2-45 - Penalty.

A. Any person who fails to procure any permit required by Subsection C or D of Section 17-2-42 NMSA 1978 or who fails to abide by the terms of such permit, is guilty of a misdemeanor and upon conviction shall be fined not less than fifty dollars ($50.00) nor more than three hundred dollars ($300) or be imprisoned for not more than ninety days, or both.
B. Any person who violates the provisions of Subsection C of Section 17-2-41 NMSA 1978, or any regulations issued pursuant to that section is guilty of a misdemeanor and upon conviction shall be fined one thousand dollars ($1,000) or imprisoned for a term of not less than thirty days nor more than one year, or both.
History:
1953 Comp., § 53-2-58, enacted by Laws 1974, ch. 83, § 9.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2 - Hunting and Fishing Regulations › Part 3 - WILDLIFE CONSERVATION ACT › Section 17-2-46 - Enforcement; powers of conservation officers.

A. The director, each conservation officer, each sheriff in his respective county and each member of the New Mexico state police shall enforce the Wildlife Conservation Act [17-2-33 to 17-2-36 NMSA 1978] and with probable cause shall:
(1) seize any wildlife, including any wild mammal, bird, amphibian, reptile, fish, mollusk or crustacean held in violation of the Wildlife Conservation Act;
(2) arrest any person whom he knows to be guilty of a violation of the Wildlife Conservation Act; and
(3) open, enter and examine all camps, cars, vehicles, tents, packs, boxes, barrels and packages where he has reason to believe any game or fish taken or held in violation of the Wildlife Conservation Act is to be found, and seize it.
B. Any warrant for the arrest of a person shall be issued upon sworn complaint, the same as in other criminal cases, and any search warrant shall issue upon a written showing of probable cause, supported by oath or affirmation, describing the places to be searched or the persons or things to be seized.
C. Conservation officers under the direction of the director may establish checking stations at points along established roads as needed.
History:
1953 Comp., § 53-2-59, enacted by Laws 1974, ch. 83, § 10.
ANNOTATIONS
Citizenship requirement for wildlife law enforcement officers.
— By operation of state law, wildlife law enforcement officers can be required to hold New Mexico and United States citizenship. 1979 Op. Att'y Gen. No. 79-30.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
35 Am. Jur. 2d Fish and Game §§ 52 to 54.
36A C.J.S. Fish §§ 37, 42; 38 C.J.S. Game §§ 50, 61, 63, 64, 67.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2A - Statewide System for Hunting Activities › Section 17-2A-1 - Definitions.

For the purposes of Chapter 17 NMSA 1978:
A. "hunt code" means a description used to identify and define the species, weapon type and time frame authorized for a specific hunt;
B. "outfitter" or "guide" means a person who advertises or holds himself out to the public for hire or is employed or accepts compensation for providing, within the unit where a hunt occurs, facilities, equipment or services for hunting activities; provided, however, that "outfitter" or "guide" does not include a person who only cooks, cuts wood or performs other comparable or incidental duties not directly related to hunting activities; and
C. "unit" means a geographically bound area in the state that is used to manage game species.
History:
Laws 1996, ch. 89, § 3.
ANNOTATIONS
Compiler's notes.
— Laws 1997, ch. 119, § 4B repealed Laws 1996, ch. 89, § 6, which provided for the repeal of this section on June 30, 1999.
Application of "hunt code" to rule regulating the hunt of bighorn sheep.
— Where the current population levels of rocky mountain and desert bighorn sheep made it impossible for the New Mexico state game commission (commission) and the department of game and fish to assign a single hunt code to each hunt area during each hunt window for the bighorn sheep hunting season without running afoul of the statutory allocation requirements for resident and nonresident hunters dictated by NMSA 1978, § 17-3-16(B), the commission's application of the term "hunt code" that combines the rocky mountain bighorn sheep by sex and weapon type in several hunt areas and over several hunt windows under one hunt code, and, similarly, that groups the hunting season for desert bighorn rams in several hunt areas and over several hunt windows under one hunt code does not violate this section. The commission's application of the term "hunt code" to its rules regulating the bighorn sheep hunting season is lawful, in that it incorporates the elements [species, weapon type, time frame, specific hunt] that make up the definition of "hunt code," while also giving effect to the requirements of § 17-3-16(B).
New Mexico State Game Comm'n's Application of the term "Hunt Code"
(4/5/22), Att'y Gen. Adv. Ltr. 2022-01.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 2A - Statewide System for Hunting Activities › Section 17-2A-2 - Statewide system for hunting activities.

The state game commission shall develop a statewide system for hunting activities that increases participation by New Mexico residents and considers hunter safety, quality hunts, high demand areas, guides and outfitters, quotas and local and financial interests.
History:
Laws 1996, ch. 89, § 4.
ANNOTATIONS
Compiler's notes.
— Laws 1997, ch. 119, § 4B repealed Laws 1996, ch. 89, § 6, which provided for the repeal of this section on June 30, 1999.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-1 - Current license required.

Each license issued under Chapter 17 NMSA 1978, runs from April 1 through March 31 of the following calendar year. No person shall shoot, hunt, kill, injure or take, in any manner, any game animal, game bird or game fish without paying for, and having in his possession, the proper license required by law for the year in which the shooting, hunting, fishing or taking is done. No nonresident shall shoot, hunt, kill or take, in any manner, any nongame animal or nongame bird without paying for, and having in his possession, any one of the nonresident hunting licenses listed in Section 17-3-13 NMSA 1978 required by law for the year in which the shooting, hunting or taking is done.
History:
1953 Comp., § 53-3-1, enacted by Laws 1964 (1st S.S.), ch. 17, § 1; 1967, ch. 4, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1964 (1st S.S.), ch. 17, § 1, repealed former 53-3-1, 1953 Comp., relating to hunting and fishing licenses and shipping permits, and enacted a new 17-3-1 NMSA 1978.
Cross references.
— For what are game mammals, game birds and game fish,
see
17-2-3 NMSA 1978.
For penalty for violation of fish and game laws,
see
17-2-10 NMSA 1978.
For licenses for Indians and Indian reservations,
see
17-2-28 NMSA 1978 and notes thereto.
For permits respecting endangered species,
see
17-2-42 and 17-2-45 NMSA 1978.
For license and permit fees,
see
17-3-13 NMSA 1978.
Bear as game animal.
— A statute denominating bear as a game animal could not validate a previous unauthorized regulation of the game commission classifying bear as a game animal, especially as the statute did not purport to be a validating statute; but where a previous statute had specified the closed season for bear, it sufficiently showed the statutory intent to define bear as a game animal.
State ex rel. Sofeico v. Heffernan
, 1936-NMSC-069, 41 N.M. 219, 67 P.2d 240. See 17-2-1, 17-2-3 NMSA 1978 and notes thereto.
A state may enact game laws which discriminate against nonresidents
in the enjoyment of the privileges of hunting and fishing. 1964 Op. Att'y Gen. No. 64-91.
State may require special season deer tag on Jicarilla reservation and Tierra Amarilla grant.
— The state game commission may lawfully require that one who hunts in the Jicarilla reservation and Tierra Amarilla grant obtain a $2.00 special season deer tag. 1962 Op. Att'y Gen. No. 62-135.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
35 Am. Jur. 2d Fish and Game § 45.
Power of game commission to open or close season, 34 A.L.R. 832.
Validity of discrimination against nonresidents, 61 A.L.R. 337, 112 A.L.R. 63.
Applicability of state fishing license laws or other public regulations to fishing in private lake or pond, 15 A.L.R.2d 754.
Rights of boating and fishing on inland lakes, 57 A.L.R.2d 569.
Right of public to use shore of inland navigable lakes between high and low water mark, 40 A.L.R.3d 776.
36A C.J.S. Fish § 36; 38 C.J.S. Game §§ 61, 63, 64, 67.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1983, ch. 117, § 6, repealed 17-3-3 NMSA 1978, as enacted by Laws 1964 (1st S.S.), ch. 17, § 3, relating to prohibited shipments and penalties therefor, effective April 1, 1983.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-6 - False statements; using license issued to another; hunting without license lawfully procured; altering licenses.

It is a misdemeanor:
A. to certify or sign any false or fraudulent statement relative to the residence of any applicant for a hunting or fishing license or permit;
B. for any nonresident of New Mexico, for the purpose of securing a New Mexico hunting or fishing license, to make or cause to be made any false or fraudulent statements or representations to any person issuing hunting and fishing licenses in this state;
C. to use a hunting or fishing license issued to or in the name of any other person or in the name of any fictitious person;
D. to hunt game or fish in New Mexico without a license lawfully procured;
E. for any license vendor or any licensee to alter or predate or postdate any license, certificate or permit; or
F. for any nonresident to possess a resident hunting, fishing or trapping license issued in the nonresident's name pursuant to a telephone, electronic or hard copy application.
History:
Laws 1923, ch. 129, § 2; C.S. 1929, § 57-219; 1941 Comp., § 43-303; Laws 1945, ch. 99, § 3; 1953 Comp., § 53-3-3; Laws 1963, ch. 213, § 3; 1979, ch. 340, § 7; 2005, ch. 326, § 2.
ANNOTATIONS
Cross references.
— For penalties for acts described in this section,
see
17-2-10 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, added Subsection F to provide that it is a misdemeanor for a nonresident to possess a resident license issued in the nonresident's name pursuant to a telephone, electronic or hard copy application.
Magistrate has jurisdiction of violations of this section.
1953 Op. Att'y Gen. No. 53-5860.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-8 - Loss of application blanks by license collector; accounting.

In the event that a license collector shall lose any of the application blanks for hunting or fishing licenses issued to him by the director of the department of game and fish, he shall immediately notify the director of the loss of the blanks and he shall inform the director of the number and the serial number of each of the application blanks lost.
History:
1953 Comp., § 53-3-5.1, enacted by Laws 1959, ch. 144, § 1.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-9 - Application blanks lost by license collector to be void.

Upon the receipt of a notice from the license collector that an application blank has been lost, the director of the department of game and fish shall immediately declare the blank void. The director shall notify the various conservation officers throughout the state and such other persons as he shall deem necessary that the application blanks containing the serial numbers reported by the license collector are void.
History:
1953 Comp., § 53-3-5.2, enacted by Laws 1959, ch. 144, § 2.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-10 - Presumption of loss [sale]

In any case where a license collector has notified the director of the department of game and fish of the loss of an application blank for hunting or fishing licenses, it shall be presumed that the blank has been sold.
History:
1953 Comp., § 53-3-5.3, enacted by Laws 1959, ch. 144, § 3.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 3 - Licenses and Permits › Part 1 - GENERAL PROVISIONS › Section 17-3-11 - Possession of license declared void is unlawful.

Any person in possession of a hunting or fishing license containing the serial number which was reported by the collector as the application blank which was lost and which was declared void by the director of the department of game and fish, and the license was not validly issued to him, shall be guilty of a misdemeanor.
History:
1953 Comp., § 53-3-5.4, enacted by Laws 1959, ch. 144, § 4.