Chapter 17 — Chapter 17

It is the purpose of this act and the policy of the state of New Mexico to provide an adequate and flexible system for the protection of the game and fish of New Mexico and for their use and development for public recreation and food supply, and to provide for their propagation, …

For the purposes of Chapter 17 NMSA 1978: A. "commission" or "state game commission" means the state wildlife commission; B. "department" or "department of game and fish" means the department of wildlife; C. "director", "warden", "state warden", "state game warden" or "state game…

revocation.] Reserve conservation officer commissions shall be issued annually to such persons meeting the qualifications prescribed in Section 2 [17-1-8 NMSA 1978], as may be deemed necessary or desirable by the director of the department of game and fish. Such commissions may b…

Conservation officers shall, in emergency situations, be considered on duty and within the scope of their employment for purposes of employee benefits, when they follow specific instructions from a duly qualified full-time peace officer and in aid of such peace officer in the car…

ANNOTATIONS Repeals. — Laws 1978, ch. 132, § 6, repealed 53-1-6 1953 Comp. (17-1-12 NMSA 1978), relating to bond of game and fish director, effective March 6, 1978.

The state warden [director of the department of game and fish] shall keep a seal of office which shall be used to authenticate all papers and documents issued and executed by him as such officer. History: Laws 1912, ch. 85, § 46; Code 1915, § 2469; C.S. 1929, § 57-254; 1941 Comp.…

game protection fund; liability suspense account. A. The state game commission shall have general control over the collection and disbursement of all money collected or received under the state laws for the protection and propagation of game and fish, which money shall be paid ov…

All disbursements of moneys, including salaries, by the state game commission shall be by warrant of the secretary of finance and administration, supported by itemized voucher, certified to be correct by the state game director, and shall be paid out of moneys in the game protect…

This act [17-1-16 to 17-1-25 NMSA 1978] may be cited as the "Game and Fish Bond Act". History: 1978 Comp., § 17-1-16, enacted by Laws 1964 (1st. S.S.), ch. 18, § 1.

The purpose of the Game and Fish Bond Act is to provide for use of revenues derived from fees for hunting and fishing licenses to issue bonds to provide for fish hatcheries and rearing facilities, game and fish habitat acquisition, development and improvement projects and other s…

Whenever the state game commission, by vote of a majority of its full membership entered in its minutes, determines by resolution that it is necessary to raise funds to provide for fish hatcheries and rearing facilities, game and fish habitat acquisition, development and improvem…

Bonds issued under the Game and Fish Bond Act shall be payable in consecutive order over a period of not more than twenty years from the date of issue. They shall be issued in denominations determined by the state game commission and shall be sold at a net effective interest rate…

January 1, 2027.) A. There is created a "state wildlife commission" of seven voting members, all of whom shall possess knowledge of wildlife, hunting and fishing and be New Mexico residents. The governor shall appoint the members of the commission with the advice and consent of t…

(Effective January 1, 2027.) A. The "state wildlife commission nominating committee" is created and consists of nine members, all of whom shall be New Mexico residents, as follows: (1) four members appointed as follows: one by the speaker of the house of representatives, one by t…

Bonds issued under the Game and Fish Bond Act shall be sold at public or private sale as determined by the state game commission. If sold at public sale, the chairman of the commission shall give notice of the time, place and terms of the sale by publication in a newspaper of gen…

Proceeds from the sale of bonds issued under the Game and Fish Bond Act shall be deposited in a special fund in the state treasury and used solely for the purposes for which the bonds were authorized. The cost of preparing, advertising and selling the bonds, including any necessa…

A. There is created in the state treasury the "game and fish bond retirement fund". The state game commission shall place into the game and fish bond retirement fund the sum of one dollar ($1.00) from each license enumerated in this subsection that is sold after April 1, 1976: (1…

money; state board of finance approval. A. There is created in the state treasury the "game and fish capital outlay fund". B. Upon request of the state game commission, approved by the state board of finance, the state treasurer shall transfer to the game and fish capital outlay …

The Game and Fish Bond Act is full authority for authorization and issuance by the state game commission of bonds authorized by the state board of finance, and the commission may do anything necessary to carry out the powers granted by the Game and Fish Bond Act. History: 1978 Co…

The principal and income of bonds issued under the Game and Fish Bond Act are exempt from all taxation by the state or any of its political subdivisions except for inheritance and succession taxes. History: 1978 Comp., § 17-1-24, enacted by Laws 1964 (1st S.S.), ch. 18, § 9.

Any bonds issued under the Game and Fish Bond Act may be refunded under the terms of resolutions adopted by the state game commission, subject to any contractual limitations involved with any outstanding bonds, claims or other obligations. The proceeds of refunding bonds shall be…

A. The commission is authorized and directed to make rules as it may deem necessary to carry out the provisions and purposes of Chapter 17 NMSA 1978. B. The rules may include, as applicable, when, where, by what means and to what extent, if at all, wildlife may be hunted, taken, …

notice of hearing.] Whenever three percent of the duly qualified electors of any county affected by a rule or regulation promulgated by the commission, concerning hunting or fishing within said county, shall petition the commission in writing, requesting a hearing, the commission…

projects.] The state of New Mexico hereby assents to the provisions of the act of congress of the United States of America entitled "An act to provide that the United States shall aid the states in wildlife restoration projects, and for other purposes," approved September 7 [2], …

government.] The state game commission is authorized to receive any moneys to which the state of New Mexico may become entitled under the aforesaid act of congress, such moneys, when received, to be deposited with the treasurer of the state of New Mexico to the credit of the stat…

mileage. The members of the state game commission shall receive no pay for their services as members of the commission, but shall be allowed per diem and mileage pursuant to the provisions of the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. All salaries, per diem and co…

Within sixty days after this act [17-1-1 to 17-1-4, 17-1-14, 17-1-27 and 17-2-6 NMSA 1978] shall take effect, the state game commission shall meet at the capitol and organize by electing from its membership a chairman, and thereafter one meeting shall be held annually, and others…

employees; department of game and fish created. A. The state game commission shall employ a director who shall, under such authorization that the game commission shall approve, employ such conservation officers, clerks and other employees as he shall deem proper and necessary to …

A. The "conservation services division" is created within the department of game and fish. B. The conservation services division is responsible for: (1) management, enhancement, research and conservation of public wildlife habitat; (2) the lease, purchase, enhancement and managem…

A. As used in this section, "youth" means a person under the age of eighteen who resides in New Mexico. B. The director of the department of game and fish shall provide for youth programs in each of the five state game commission districts pursuant to Section 17-1-2 NMSA 1978. Th…

The director shall fulfill all the duties and obligations heretofore imposed upon the state game warden, and shall exercise all the powers heretofore granted to the state game warden. The conservation officers appointed by the director shall assume those duties and powers heretof…

There is hereby created within the department of game and fish the position of reserve conservation officer, which shall be a nonsalaried position. History: 1953 Comp., § 53-1-5.2, enacted by Laws 1955, ch. 181, § 1.

Reserve conservation officer commissions shall be issued only to the following: A. persons who have successfully completed a school of at least twenty-five hours, conducted by the department of game and fish, covering procedures and techniques of wildlife management, law enforcem…

A. Under the supervision of the department of game and fish and subject to such restrictions as may be provided by the state game commission, reserve conservation officers shall have authority to enforce laws and valid regulations of the state game commission relating to game and…

The state game commission, in addition to the powers now vested in it and not as a limitation of those powers, is expressly authorized and empowered by regulation adopted and promulgated in the manner provided in Chapter 17 NMSA 1978 to: A. define game birds, game animals and gam…

A. A person violating any of the provisions of Chapter 17 NMSA 1978, except for the felony provision of Section 17-2-8 NMSA 1978, or any rules adopted by the state game commission that relate to the time, extent, means or manner that game animals, birds or fish may be hunted, tak…

definition; schedule of assessments. A. As used in Chapter 17 NMSA 1978, "penalty assessment misdemeanor" means a violation of any of the following listed sections of the NMSA 1978 for which the listed penalty assessment is established: COMMON NAME OF OFFENSE SECTION VIOLATED PEN…

A. Unless a warning notice is given to an alleged violator, at the time the alleged violator is charged with a penalty assessment misdemeanor, the conservation officer shall offer the alleged violator the option of accepting a penalty assessment. The signature of the alleged viol…

A. The state game commission is authorized to revoke the hunting or fishing license, or both, of a person who fails to pay a penalty assessment or who fails to appear, after proper notice, for hearings as required by law or regulation. B. The state game commission may revoke the …

The department of game and fish shall remit all penalty assessment receipts to the state treasurer to be credited to the game protection fund in accordance with the provisions of Section 17-1-14 NMSA 1978. History: Laws 1995, ch. 177, § 4.

against him.] In any prosecution under this chapter, any participant in a violation thereof, when so requested by the district attorney, state warden [director of the department of game and fish] or other officer instituting the prosecution, may testify as a witness against any o…

It is unlawful for any person to carry, transport or have in his possession, bows, arrows, crossbows or firearms of any kind or description within or upon any game refuge or to discharge any firearm or arrow into or within any state game refuge in New Mexico; provided this sectio…

It shall be unlawful for any person to shoot, ensnare or trap for the purpose of killing or in any other manner to injure or destroy any songbird, or birds whose principal food consists of insects, comprising all the species and varieties of birds represented by the several famil…

destroying, maiming or selling prohibited; exception by permit; penalty. A. It is unlawful for any person to take, attempt to take, possess, trap or ensnare or in any manner to injure, maim or destroy birds of the order Falconiformes, comprising all of the species and varieties o…

unlawful.] It shall be unlawful for any person to wilfully [willfully] kill or to sell horned toads within the state of New Mexico, or to ship them from the state. History: Laws 1941, ch. 32, § 1; 1941 Comp., § 43-216; 1953 Comp., § 53-2-16.

ANNOTATIONS 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.c…

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 p…

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; …

officers. A. The director of the department of game and fish, each conservation officer, each sheriff in his respective county and each member of the New Mexico state police shall enforce Chapter 17 NMSA 1978 and shall: (1) seize any game or fish held in violation of that chapter…

The game animals and quadrupeds, game birds and fowl, and game fish as herein defined shall be protected and hunting, taking, capturing, killing or possession, or attempt to hunt, take, capture or kill of any or all species named herein shall be regulated by the state game commis…