Chapter 17, Chapter 17

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; …

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 …

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 possib…

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 …

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 …

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 transpor…

A. The director of the department of game and fish [department of wildlife], or any other officer charged with enforcement of the laws relating to game and fish if so directed by the director, may bring a civil action in the name of the state against any person unlawfully woundin…

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 …

application of laws.] The provisions of this chapter shall apply to all Indians off the reservation within this state, or coming into this state from adjoining states, and to all persons hunting on any Indian reservation within this state; provided, however, that no Indian shall …

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 d…

A. The following mammals are game mammals: (1) all of the family Tayassuidae (javelina); (2) within the family Bovidae: (a) all of the genus Bison (American bison) except where raised in captivity for domestic or commercial meat production; (b) all of the genus Capra (ibex) excep…

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 fi…

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,…

The department of game and fish [department of wildlife] 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 …

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…

of competency. A. The department of game and fish [department of wildlife] 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 t…

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 respon…

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. PART 3 WILDLIFE CONSERVATION ACT

Sections 17-2-37 through 17-2-46 NMSA 1978 may be cited as the "Wildlife Conservation Act". History: 1953 Comp., § 53-2-50, enacted by Laws 1974, ch. 83, § 1; 1995, ch. 145, § 1.

As used in the Wildlife Conservation Act: A. "commission" means the state wildlife commission; B. "director" means the director of the department of wildlife; C. "ecosystem" means a system of living organisms and their environment; D. "endangered species" means any species of fis…

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 shou…

In the event the jaguar is de-listed as a federal endangered species, the department of game and fish [department of wildlife] shall prohibit the taking, possession and sale of jaguars or parts thereof. History: 1978 Comp., § 17-2-4.1, enacted by Laws 1999, ch. 31, § 1.

taking; misdemeanor; penalties. A. All species, except for those collected in rattlesnake roundups, for fish bait or for lizard races, of native, free-ranging amphibians and reptiles are hereby classified as protected nongame animals for commercial taking purposes. The commercial…

director; procedures. A. The director shall conduct a biennial review of all species of wildlife named on the list required by Section 17-2-41 NMSA 1978. The director may conduct investigations at any time of those other species of wildlife indigenous to the state that are suspec…

A. To the extent practicable, a recovery plan shall be developed pursuant to Subsections B through G of this section for any species listed as threatened or endangered. If indicated, the director shall conduct a social and economic analysis and, if adverse impacts are found, deve…

A. On the basis of investigations concerning wildlife, other available scientific and commercial data and after consultation with wildlife agencies in other states, appropriate federal agencies, local and tribal governments and other interested persons and organizations, the comm…

A. In addition to species defined as protected in Chapter 17 NMSA 1978, the commission is authorized to extend management and protection by rule to any species of wildlife. B. When determining whether and how to protect a species of wildlife, the commission shall consider: (1) wh…

collection. A. For the purposes of Chapter 17 NMSA 1978, "species of greatest conservation need" means species as identified and updated by the department in an assessment of the state's wildlife and habitat. B. The department shall annually publish on the department's website da…

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 Con…

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.

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 sha…

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 requireme…

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 hundr…

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 ma…

Any written regulation of the state game commission [state wildlife commission] adopted by an affirmative vote of a majority of the members of the state game commission [state wildlife commission], signed by the chairman and attested by the secretary of the commission, filed in t…

notice. All game and fish management areas, rest grounds and closed lakes or streams or closed portions of lakes or streams shall be conspicuously posted with posters setting forth their purpose and the penalties for violating the rules and regulations applicable to them. This po…

A. Except as permitted by regulations adopted by the state game commission [state wildlife commission] or as otherwise allowed by law, it is unlawful to: (1) hunt, take, capture, kill or attempt to take, capture or kill, at any time or in any manner, any game animal, game bird or…

revocation of license, certificate or permit. A. It is unlawful for a person to commit interference with another person who is lawfully hunting, trapping or fishing in an area where hunting, trapping or fishing is permitted by a custodian of public property or an owner or lessee …

responsibilities. A. A landowner or lessee, or employee of either, may take or kill an animal on private land, in which they have an ownership or leasehold interest, including game animals and other quadrupeds, game birds and fowl, that presents an immediate threat to human life …

A. It is unlawful for any person: (1) who hunts or fishes and takes any game mammal designated in Paragraphs (2), (3) or (4) of Subsection A of Section 17-2-3 NMSA 1978, any game bird or any game fish to fail to transport the edible portions of the meat obtained to the person's h…

The magistrate court has jurisdiction in all cases arising under Chapter 17 NMSA 1978 and regulations promulgated by the state game commission [state wildlife commission]. In addition to other jurisdiction, a magistrate has jurisdiction over such cases arising in any magistrate d…

The state game commission [state wildlife 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 …

A. Effective April 1, 1997, it is unlawful to be a hunting guide or outfitter in New Mexico without being registered, except for a private landowner or his authorized agent who outfits or guides pursuant to a landowner permit issued by the department of game and fish [department …

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 prope…

In any case where a license collector has notified the director of the department of game and fish [department of wildlife] 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, ena…

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 [department of wildlife], and the licen…

When a license vendor is unable to account for hunting and fishing licenses issued to him, the state game commission [state wildlife commission] shall determine the extent of liability of the vendor and the decision of the commission shall be final. History: 1953 Comp., § 53-3-5.…

A. The director of the department of wildlife shall keep a record of all money received and licenses and permits issued by the department, numbering each class separately. Upon satisfactory proof that a license or permit has been lost before its expiration, the director may issue…

A. The director of the department of game and fish [department of wildlife] shall issue without a fee a general hunting and fishing license and class A trout stamp to any resident who was one hundred percent disabled as a result of having served in the armed forces of the United …

disposition of receipts. A. Each license to hunt big game shall include a big game depredation damage stamp. The department of game and fish [department of wildlife] shall, by rule, set the fee for the stamp; provided that the fee shall not exceed five dollars ($5.00) for each re…