Chapter 17 — Chapter 17

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…

Fur-bearing animals as defined in Section 17-5-2 NMSA 1978 shall be taken only during the seasons declared by regulation of the state game commission promulgated as provided in Section 17-5-4 NMSA 1978. The director may, however, issue permits at any time for the taking of fur-be…

regulations. The state game commission is authorized and directed to administer the provisions of Sections 17-5-1 through 17-5-9 NMSA 1978, and to make such rules and regulations and establish such service as it may deem necessary to carry out all the provisions and purposes of t…

A. No resident who has reached his twelfth birthday shall capture, trap or possess any fur-bearing animal or attempt to do so without first procuring a resident trapper's license; or, in the case of a resident who has reached his twelfth birthday but not his eighteenth birthday, …

A. 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…

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…

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 in the enforce…

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 …

This act [17-6-1 to 17-6-11 NMSA 1978] may be cited as the "Habitat Protection Act". History: 1953 Comp., § 53-6-1, enacted by Laws 1973, ch. 242, § 1.

Nothing contained in the Habitat Protection Act shall alter, change, restrict or diminish the rights, powers and duties of the commissioner of public lands in the administration, management, care and control of state trust lands as provided for by the Enabling Act and other appli…

Any person who violates any provision of the Habitat Protection Act or any rule or regulation adopted pursuant thereto is guilty of a misdemeanor. History: 1953 Comp., § 53-6-11, enacted by Laws 1973, ch. 242, § 11. ARTICLE 7 Shooting Range Fund

As used in the Habitat Protection Act: A. "commission" means the state game commission; B. "cross-country" means travel over the countryside other than by road; C. "vehicle" means any motor-powered mechanical device used for conveyance; and D. "road" means any maintained or unmai…

and regulations. A. When the commission determines that the operation of vehicles within a certain area is or may be damaging to wildlife reproduction, wildlife management or the wildlife habitat of the area, the department, with the concurrence of the private land owner or the l…

A. For all areas closed to vehicles pursuant to Section 17-6-3 NMSA 1978, the commission shall cause notices of the restrictions, prohibitions or permitted uses of such areas to be posted prior to their effective date on the main traveled roads entering such areas and at such oth…

It is unlawful for any person to drive a vehicle cross-country on lands where such cross-country driving is prohibited by rule or regulation. Conservation officers may issue citations to and may arrest any person violating the provisions of this section. History: 1953 Comp., § 53…

The restrictions, prohibitions or permitted uses established pursuant to the Habitat Protection Act do not apply to: A. public employees acting in the scope of their employment; B. valid licensees, permittees, lessees or their assignees or designees, of state agencies or public l…

The commission may expend such funds as become available from the game protection fund, state or federal grants or other sources to carry out the provisions of the Habitat Protection Act including, but not limited to: A. investigations and surveys of actual or possible wildlife h…

No person or corporation, or their successors in interest, who has granted a right-of- way or easement across his land to the commission for use under the Habitat Protection Act shall be liable to any user of the land for injuries suffered on said right-of-way or easement unless …

All peace officers of the state, counties and municipalities and other duly authorized state authorities shall enforce the provisions of the Habitat Protection Act. History: 1953 Comp., § 53-6-9, enacted by Laws 1973, ch. 242, § 9.

This act [17-7-1 to 17-7-3 NMSA 1978] may be cited as the "Shooting Range Fund Act". History: 1953 Comp., § 53-7-1, enacted by Laws 1976 (S.S.), ch. 43, § 1.

There is created in the state treasury a special fund to be known as the "shooting range fund". All money appropriated to this fund or accruing to it as a result of gift, deposit or from other sources, except interest earned on the fund which shall be credited to the general fund…

A. The state game commission shall administer the provisions of the Shooting Range Fund Act and shall, pursuant to the State Rules Act [Chapter 14, Article 4 NMSA 1978], adopt such rules and regulations as deemed necessary to carry out the provisions of the Shooting Range Fund Ac…

This act [17-8-1 to 17-8-6 NMSA 1978] may be cited as the "Sport Shooting Range Act". History: Laws 2002, ch. 72, § 1.

The purpose of the Sport Shooting Range Act is to protect the normal operation and use of sport shooting ranges by establishing when a person who owns, operates or uses a sport shooting range is liable for civil penalties. History: Laws 2002, ch. 72, § 2.

As used in the Sport Shooting Range Act, a "sport shooting range" is an area designed and operated for the use of rifles, shotguns or pistols as a means of silhouette, skeet, trap, black powder or other sport shooting or firearms training. History: Laws 2002, ch. 72, § 3.

pollution. A. The use or operation of a sport shooting range shall not be enjoined as a nuisance on the basis of noise or noise pollution: (1) if the sport shooting range is in compliance with noise control statutes, rules or ordinances that apply to the range and its operation a…

The provisions of the Sport Shooting Range Act shall not prohibit a local government from regulating the location and construction of sport shooting ranges after July 1, 2002. History: Laws 2002, ch. 72, § 5.

The provisions of the Sport Shooting Range Act do not apply: A. to recovery for an act or omission relating to recklessness, negligence, wanton misconduct or willful misconduct in the operation or use of a sport shooting range; B. to a nuisance action on the basis of trespass inv…

Chapter 17, Article 9 NMSA 1978 may be cited as the "Wildlife Corridors Act". History: Laws 2019, ch. 97, § 1; 2023, ch. 27, § 1.

As used in the Wildlife Corridors Act: A. "human-caused barrier" means a road, culvert, commercial or residential development or other human-made structure that has the potential to affect the natural movement of wildlife across the landscape; B. "large mammal" includes mule deer…

coordination. A. The department of game and fish, in coordination with the department of transportation, shall create a state "wildlife corridors action plan". B. The wildlife corridors action plan shall contain: (1) identification of existing highway crossings that pose a risk t…

A. As part of the wildlife corridors action plan, the department of game and fish and the department of transportation shall publish a prioritized "wildlife corridors project list" of projects to be undertaken. B. The department of game and fish and the department of transportati…

A. The "wildlife corridors fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants, donations, income from investment of the fund and any other money distributed or otherwise allocated to the fund. The department of transp…

This act [17-10-1 to 17-10-6 NMSA 1978] may be cited as the "Wildlife Trafficking Act". History: Laws 2020, ch. 77, § 1.

As used in the Wildlife Trafficking Act: A. "covered animal part or product" means any portion of a covered animal species; any item that contains, is advertised as containing or is wholly or partially made from a part that comes from a covered animal species; or shark fins; B. "…

A. Except as provided in Section 4 [17-10-4 NMSA 1978] of the Wildlife Trafficking Act, it is unlawful for a person to knowingly sell or purchase any covered animal species or covered animal part or product. B. The act of obtaining an appraisal of any covered animal species or co…

It is not a violation of Section 3 [17-10-3 NMSA 1978] of the Wildlife Trafficking Act if any of the following conditions are satisfied: A. the covered animal part or product is a fixed component of an antique product that is not made wholly or primarily of covered animal parts o…

A. A person who violates Section 3 [17-10-3 NMSA 1978] of the Wildlife Trafficking Act is guilty of a misdemeanor and upon conviction shall be punished pursuant to the provisions of Section 31-19-1 NMSA 1978. B. Each covered animal species or covered animal part or product sold o…

A. The criminal enforcement provisions of the Wildlife Trafficking Act may be enforced by any commissioned law enforcement officer, including an officer employed by the department of game and fish and the state parks division of the energy, minerals and natural resources departme…

Chapter 17, Article 11 NMSA 1978 may be cited as the "Wildlife Conservation and Public Safety Act". History: 1978 Comp., § 17-11-1, enacted by Laws 2021, ch. 25, § 1.

As used in the Wildlife Conservation and Public Safety Act: A. "bona fide scientific research" means a research project that is not being conducted for commercial gain from the sale of animal parts and that is conducted by employees or contractors of the department or authorized …

It is a violation of the Wildlife Conservation and Public Safety Act to use a trap, snare or wildlife poison for purposes of capturing, injuring or killing an animal on public land except as provided in Section 17-11-4 NMSA 1978. History: 1978 Comp., § 17-11-3, enacted by Laws 20…

The provisions of the Wildlife Conservation and Public Safety Act do not apply to: A. the taking of wildlife with firearms, fishing equipment, archery equipment, falconry equipment or other implements in hand, when used as authorized by law; B. the taking or control of birds, fis…

A. A person who violates the Wildlife Conservation and Public Safety Act is guilty of a misdemeanor. Each individual trap, snare or application of wildlife poison shall constitute a single violation of that act. B. Any penalties under this section shall be cumulative to any other…