2018 New Mexico Statutes
Chapter 17 - Game and Fish and Outdoor Recreation
Article 3 - Licenses and Permits
Section 17-3-29 - Permit to take game, birds or fish as specimens or for scientific or propagating purposes; eligibility; issuance; contents; nonassignable; sale for food purposes prohibited.
The state director may issue permits to any person to take, capture, kill, transport within or out of the state any game, birds or fish mentioned in this chapter at any time when satisfied that such person desires the same exclusively as specimens or for scientific or propagating purposes. Such permit shall be in writing and shall state the kind and number to be taken and the manner of taking, the name of the person to whom issued, the name of the place to which the same is to be transported and the name of the persons shipping such game, birds or fish, and shall be signed by him. Such permit shall not be transferable nor shall it be lawful to sell or barter any of the animals, birds or fish taken or exported under such permit for food purposes, and the holder of such permit shall be liable to the penalties provided in this chapter if he violates any of its provisions.
History: Laws 1912, ch. 85, § 42; Code 1915, § 2465; C.S. 1929, § 57-250; 1941 Comp., § 43-317; 1953 Comp., § 53-3-23; Laws 1957, ch. 134, § 1.
Compiler's notes. — The words "this chapter" were substituted by the 1915 Code compilers for the words "this act" and may refer to Chapter 47, 1915 Code (composed of Laws 1912, ch. 85). For the disposition of Chapter 47, 1915 Code, in NMSA 1978, see the note to 17-2-11 NMSA 1978. However, the words "this chapter" were also used in Laws 1957, ch. 134, § 1, amending this section, and may therefore refer to Chapter 53, 1953 Comp., the presently effective provisions of which are compiled in this chapter of NMSA 1978, together with subsequently enacted provisions.
State permit not required by federal authorities to kill deer in national park for study. — The secretary of interior and his subordinates have authority to kill deer within the boundaries of a national park for an ecology study to determine deer range conditions within that park without obtaining state permits. New Mexico State Game Comm'n v. Udall, 410 F.2d 1197 (10th Cir.), cert. denied, 396 U.S. 961, 90 S. Ct. 429, 24 L. Ed. 2d 426 (1969).
This section relates to propagation for own use. — Any person breeding game for sale is required to have a permit under 17-4-8 NMSA 1978. A person desiring to propagate birds only for his own use without barter, sale or exchange may secure a permit under the provisions of this section. 1955-56 Op. Att'y Gen. No. 6176.
