236 sections in this chapter.
NMSA 1978, § 17-3-49 Computer-assisted remote hunting prohibited; penalties
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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-ass…
NMSA 1978, § 17-3-5 Application for hunting or fishing licenses; contents; filing
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A. The director of the department of game and fish [department of wildlife] shall prepare and furnish blank applications for all persons applying for fishing or hunting licenses within the state. Except as provided in Subsection B or E of this section, each person, before receivi…
NMSA 1978, § 17-3-6 False statements; using license issued to another; hunting
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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 secur…
NMSA 1978, § 17-3-7 Blank forms; license issued only on application; false
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statement voids license; records; reports; accounting for fees collected; refund of fees; transfer of hunting license. A. The director of the department of wildlife shall prescribe and procure the printing of all forms and blanks that may be required to carry out the intent of Ch…
NMSA 1978, § 17-3-8 Loss of application blanks by license collector; accounting
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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 [department of wildlife], he shall immediately notify the director of the loss of the blanks and he shal…
NMSA 1978, § 17-3-9 Application blanks lost by license collector to be void
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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 [department of wildlife] shall immediately declare the blank void. The director shall notify the various conservation officers througho…
NMSA 1978, § 17-4-1 [Power of state game commission [state wildlife
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commission] to acquire land.] The state game commission [state wildlife 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, …
NMSA 1978, § 17-4-10 [Transportation of game or fish taken from unlicensed
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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 o…
NMSA 1978, § 17-4-11 [Licensing of private lakes and parks; "proprietor"
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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 pri…
NMSA 1978, § 17-4-12 [Application for license; contents; maximum area; fencing.]
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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…
NMSA 1978, § 17-4-13 [Form of license.]
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Such license shall be substantially in the following form: STATE OF NEW MEXICO. Department of Game and Fish [department of wildlife]. Licensed Parks and Lakes. No. ........... Class A. Santa Fe ... 19 ... This certifies that ...... proprietor of a (public or private) (park or lak…
NMSA 1978, § 17-4-14 [Reduction in flow of water detrimental to fish in stream
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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…
NMSA 1978, § 17-4-15 [Game and fish in licensed private parks or lakes property
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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 pr…
NMSA 1978, § 17-4-16 [Invoice to be delivered to purchaser; form; duplicate
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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, st…
NMSA 1978, § 17-4-17 [Invoice to be attached during shipment.]
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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 d…
NMSA 1978, § 17-4-18 [Offering game or fish for sale; storage; keeping in hotel or
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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 …
NMSA 1978, § 17-4-19 [Copy of invoice to be furnished purchaser upon resale.]
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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 delive…
NMSA 1978, § 17-4-2 Eminent domain power; abandonment or relinquishment of
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property acquired. Any property or rights-of-way required for use by the state game commission [state wildlife 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 …
NMSA 1978, § 17-4-20 [Misstatements render invoice void; violation of law;
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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 witho…
NMSA 1978, § 17-4-21 [Proprietors of licensed private parks and lakes to furnish
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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 …
NMSA 1978, § 17-4-22 [Channels connecting private lakes under one license; use
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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…
NMSA 1978, § 17-4-23 [Lease or grant of private park or lake; lessee or grantee
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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, § 249…
NMSA 1978, § 17-4-24 [Series of lakes may be included in one license.]
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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., §…
NMSA 1978, § 17-4-25 [Diverse proprietorship; joint or separate licenses.]
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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 1…
NMSA 1978, § 17-4-26 [Notices against trespassing to be posted.]
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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,…
NMSA 1978, § 17-4-27 [Transfer of license required upon transfer of interest.]
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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…
NMSA 1978, § 17-4-28 Parks, lakes and preserves; license; fees
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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 [department of wildlife] shall charge and collect just and reasonable fees for the …
NMSA 1978, § 17-4-29 Floating logs in fish stream; restocking; penalty
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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 [department of wildlife].…
NMSA 1978, § 17-4-3 [Exchange, sale, lease, sublease and assignment of lands
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by commission; proceeds.] The state game commission [state wildlife 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 lea…
NMSA 1978, § 17-4-30 [Federal aid.]
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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 (P…
NMSA 1978, § 17-4-31 [Federal funds; disbursement.]
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The state game commission [state wildlife 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 cre…
NMSA 1978, § 17-4-32 Destruction of boundary markers[; penalty]
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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 designati…
NMSA 1978, § 17-4-33 Gaining access into nature program; policy; additional
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powers of state game commission [state wildlife commission]. A. It is the policy of the state of New Mexico to encourage and promote wildlife- associated recreation in New Mexico and to provide for public participation in the use of available natural resources in a manner that wi…
NMSA 1978, § 17-4-34 Habitat management stamp; fund; expenditure for habitat
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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…
NMSA 1978, § 17-4-35 Aquatic invasive species control
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A. Based on a determination of credible scientific evidence, the director, after consulting with the secretary of energy, minerals and natural resources and with the concurrence of the director of the New Mexico department of agriculture, is authorized to designate: (1) species o…
NMSA 1978, § 17-4-4 [Sale of former state bird farm; mineral rights reserved.]
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The sale of the surface and water rights, but not the mineral rights, notwithstanding any other provision of the law, to the highest bidder after advertised for public bid of approximately eighty-seven acres of land and improvements, known as the former state bird farm, located a…
NMSA 1978, § 17-4-5 [Fish hatcheries established by United States; exemption
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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 …
NMSA 1978, § 17-4-6 Hunting and fishing on private property; posting; penalty
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A. Whenever the owner or lessee desires to protect or propagate game birds, animals or fish within the owner's or lessee's enclosure or pasture, the owner or lessee shall publish notices in English and Spanish warning all persons not to hunt or fish within the enclosure or pastur…
NMSA 1978, § 17-4-7 Liability of landowner permitting persons to hunt, fish or
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use lands for recreation; duty of care; exceptions. A. Any owner, lessee or person in control of lands who, without charge or other consideration, other than a consideration paid to the landowner by the state, the federal government or any other governmental agency, grants permis…
NMSA 1978, § 17-4-8 [Parks or waters for propagation of game or fish; license
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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 …
NMSA 1978, § 17-4-9 [Unlicensed parks or lakes deemed public nuisance;
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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 ga…
NMSA 1978, § 17-5-1 Declaration of policy
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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…
NMSA 1978, § 17-5-2 Fur-bearing and nongame animals defined; property of
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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 a…
NMSA 1978, § 17-5-3 Seasons; special permits to take animals doing damage
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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 [state wildlife commission] promulgated as provided in Section 17-5-4 NMSA 1978. The director may, however, issue permits at any t…
NMSA 1978, § 17-5-4 State game commission [state wildlife commission] to
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administer act; rules and regulations. The state game commission [state wildlife 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 neces…
NMSA 1978, § 17-5-5 Trapper's licenses
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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, …
NMSA 1978, § 17-5-6 Fur dealer licenses
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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 busine…
NMSA 1978, § 17-5-7 [Disposition of license fees.]
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All fees for trappers' licenses and fur dealers' licenses shall be collected by the state game warden [director of the department of game and fish] and turned over to the state treasurer to be credited to the game protection fund; provided, that license vendors shall retain ten c…
NMSA 1978, § 17-5-8 [Officers authorized to enforce act.]
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All peace officers, port of entry employees [employees of the motor transportation divisions of the taxation and revenue department] and deputy game wardens [conservation officers] are hereby authorized and required to cooperate fully with the state game commission [state wildlif…
NMSA 1978, § 17-5-9 Penalty; revocation of license; sale of pelts
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Any person who violates or aids, abets or assists in the violation of any provision of Sections 17-5-1 through 17-5-9 NMSA 1978 or any person who makes any false statement as to the residence of any applicant for a trapper's license or fur dealer's license or any nonresident who …