2018 New Mexico Statutes
Chapter 17 - Game and Fish and Outdoor Recreation
Article 3 - Licenses and Permits
Section 17-3-1 - Current license required.

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 proper license required by law for the year in which the shooting, hunting, fishing or taking is done. No nonresident shall shoot, hunt, kill or take, in any manner, any nongame animal or nongame bird without paying for, and having in his possession, any one of the nonresident hunting licenses listed in Section 17-3-13 NMSA 1978 required by law for the year in which the shooting, hunting or taking is done.

History: 1953 Comp., § 53-3-1, enacted by Laws 1964 (1st S.S.), ch. 17, § 1; 1967, ch. 4, § 1.

Repeals and reenactments. — Laws 1964 (1st S.S.), ch. 17, § 1, repealed former 53-3-1, 1953 Comp., relating to hunting and fishing licenses and shipping permits, and enacted a new 17-3-1 NMSA 1978.

Cross references. — For what are game mammals, game birds and game fish, see 17-2-3 NMSA 1978.

For penalty for violation of fish and game laws, see 17-2-10 NMSA 1978.

For licenses for Indians and Indian reservations, see 17-2-28 NMSA 1978 and notes thereto.

For permits respecting endangered species, see 17-2-42 and 17-2-45 NMSA 1978.

For license and permit fees, see 17-3-13 NMSA 1978.

Bear as game animal. — A statute denominating bear as a game animal could not validate a previous unauthorized regulation of the game commission classifying bear as a game animal, especially as the statute did not purport to be a validating statute; but where a previous statute had specified the closed season for bear, it sufficiently showed the statutory intent to define bear as a game animal. State ex rel. Sofeico v. Heffernan, 1936-NMSC-069, 41 N.M. 219, 67 P.2d 240. See 17-2-1, 17-2-3 NMSA 1978 and notes thereto.

A state may enact game laws which discriminate against nonresidents in the enjoyment of the privileges of hunting and fishing. 1964 Op. Att'y Gen. No. 64-91.

State may require special season deer tag on Jicarilla reservation and Tierra Amarilla grant. — The state game commission may lawfully require that one who hunts in the Jicarilla reservation and Tierra Amarilla grant obtain a $2.00 special season deer tag. 1961-62 Op. Att'y Gen. No. 62-135.

A New Mexico license is required of persons fishing in the Elephant Butte reservoir, although a part of the United States reclamation service. This opinion was confirmed by the chief counsel of the United States reclamation service. 1917-18 Op. Att'y Gen. No. 68.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 35 Am. Jur. 2d Fish and Game § 45.

Power of game commission to open or close season, 34 A.L.R. 832.

Validity of discrimination against nonresidents, 61 A.L.R. 337, 112 A.L.R. 63.

Applicability of state fishing license laws or other public regulations to fishing in private lake or pond, 15 A.L.R.2d 754.

Rights of boating and fishing on inland lakes, 57 A.L.R.2d 569.

Right of public to use shore of inland navigable lakes between high and low water mark, 40 A.L.R.3d 776.

36A C.J.S. Fish § 36; 38 C.J.S. Game §§ 61, 63, 64, 67.