Chapter 17 — Chapter 17

Operators of private shooting preserves may charge fees for hunting on the preserves. History: 1953 Comp., § 53-3-35, enacted by Laws 1957, ch. 194, § 7.

Any permit issued under the Private [Regulated] Shooting Preserve Act [17-3-35 to 17-3-42 NMSA 1978] may be revoked for a violation of any provision or any regulation made by the commission relating to the act. History: 1953 Comp., § 53-3-36, enacted by Laws 1957, ch. 194, § 8.

Sections 17-3-43 through 17-3-47 NMSA 1978 may be cited as the "Airborne Hunting Act". History: 1953 Comp., § 53-3-37, enacted by Laws 1973, ch. 13, § 1.

As used in the Airborne Hunting Act [17-3-43 to 17-3-47 NMSA 1978]: A. "aircraft" means any contrivance used for flight in the air; and B. "menacing" means threatening, harassing or having the intent to injure, capture or kill. History: 1953 Comp., § 53-3-38, enacted by Laws 1973…

It is a misdemeanor punishable by imprisonment in excess of six months but less than one year or a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for any person while airborne in an aircraft to: A. shoot or attempt to shoot for the purp…

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 Co…

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, …

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license, or hunts or fishes during the period in which his hunting or fishing license, permit or certificate has been revoked or suspended in accordance with Section 17-2-10 or…

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…

A. The director of the department of game and fish 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 receiving any fishing or 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 secur…

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…

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 …

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 oth…

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,…

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…

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…

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…

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 situ…

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…

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…

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…

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…

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 …

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…

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 t…

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…

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 …

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…

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…

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., §…

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…

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,…

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…

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 S…

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 co…

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, mine…

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…

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 protec…

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…

powers of state game 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 will benefit the general publi…

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. 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…

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…

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 …

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…

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…

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 …

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…

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…