2018 New Mexico Statutes
Chapter 17 - Game and Fish and Outdoor Recreation
Article 1 - State Game Commission
Section 17-1-26 - Commission's power to establish rules and regulations; predatory animals; eradication.]

The state game commission is hereby authorized and directed to make such rules and regulations and establish such service as it may deem necessary to carry out all the provisions and purposes of this act, and all other acts relating to game and fish, and in making such rules and regulations and in providing when, to what extent, if at all, and by what means game animals, birds and fish may be hunted, taken, captured, killed, possessed, sold, purchased and shipped, the state game and fish commission [state game commission] shall give due regard to the zones of temperatures, and to the distribution, abundance, economic value and breeding habits of such game animals, birds and fish.

The state game commission is hereby authorized to spend such reasonable amounts as in its judgment is desirable and necessary annually from their funds not otherwise needed for the eradication of predatory animals.

History: Laws 1931, ch. 117, § 2; 1941 Comp., § 43-111; Laws 1947, ch. 53, § 1; 1953 Comp., § 53-1-11.

Compiler's notes. — The words "this act" refer to Laws 1931, ch. 117, compiled as 17-1-1, 17-1-5, 17-1-15, 17-1-26, 17-2-1, 17-2-5, 17-2-7, 17-2-9 and 17-2-10 NMSA 1978.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The reference to the "state game and fish commission" should have been to the "state game commission". See 17-1-2 NMSA 1978.

Cross references. — For penalty for violating game and fish regulations, see 17-2-10 NMSA 1978.

For promulgation of hunter training program rules and regulations, see 17-2-34 NMSA 1978.

For regulations concerning endangered species, see 17-2-41 to 17-2-43 NMSA 1978.

For shooting preserve regulations, see 17-3-36 NMSA 1978.

For regulations concerning nonpredatory fur-bearing animals, see 17-5-3 and 17-5-4 NMSA 1978.

For regulations under Habitat Protection Act, see 17-6-3 NMSA 1978.

For regulations as to shooting ranges, see 17-7-3 NMSA 1978.

Constitutionality. — Laws 1931, ch. 117, is a proper exercise of police power of state and is not an unconstitutional delegation of legislative power, except as to § 3(a), compiled as 17-2-1A NMSA 1978, authorizing the commission to define game birds, animals and fish. State ex rel. Sofeico v. Heffernan, 1936-NMSC-069, 41 N.M. 219, 67 P.2d 240.

Redelegation of duties is not authorized. — The state game commission is not authorized to redelegate any of its delegated powers to anyone not under its immediate control. 1937-38 Op. Att'y Gen. No. 111.

Commission must oppose agency charging fishing fees. — The state game commission is charged with the duty of regulating fishing in the public streams and lakes and to oppose any individual agency from charging or collecting fees for such fishing. 1937-38 Op. Att'y Gen. No. 111.

Commission may fix open fishing season not specified by statute. — The state game commission may fix the open fishing season except where it is fixed specially by statute. 1935-36 Op. Att'y Gen. No. 49.

Commission may prohibit carrying of firearms before open hunting season. — Powers granted to state game commission include authority to prohibit the carrying of firearms in hunting areas for specified period of time before opening of the big game season. 1947-48 Op. Att'y Gen. No. 5135.

Commission may make it unlawful to apply for elk licenses in succeeding years. — A state game commission regulation providing in part that it shall be unlawful for anyone to apply for a public elk license for a "P" area, or a general bull elk license, if he held a similar elk license the previous year, is within the commission's broad power to ". . . make such rules and regulations . . . as it may deem necessary to carry out all the provisions and purposes of this act," and there is no constitutional objection to the imposition of the burden of ascertaining whether an application had been made the previous year on the public. 1975 Op. Att'y Gen. No. 75-38.

Deputy game wardens may enter on private lands without warrants in the interest of game protection. 1947-48 Op. Att'y Gen. No. 4974.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 35 Am. Jur. 2d Fish and Game § 31.

36A C.J.S. Fish §§ 26, 37; 38 C.J.S. Game §§ 45, 46, 50.