2018 New Mexico Statutes
Chapter 17 - Game and Fish and Outdoor Recreation
Article 3 - Licenses and Permits
Section 17-3-5 - Application for hunting or fishing licenses; contents; filing.
A. The director of the department of game and fish shall prepare and furnish blank applications for all persons applying for fishing or hunting licenses within the state. Except as provided in Subsection B or E of this section, each person, before receiving any fishing or hunting license, shall make application on a blank so provided. Among other matters that may be shown by the application, a statement shall show the exact residence of the applicant. Except as provided in Subsection B or E of this section, the application shall be signed by the applicant. All applications for licenses shall be filed with and issued by license vendors appointed by the director. All fishing and hunting licenses and the applications therefor shall contain the place of residence of the person to whom any license may be issued.
B. License vendors, as authorized by the director of the department of game and fish, may take applications for hunting and fishing licenses or authorizations via telephone or the internet. The vendor or applicant shall fill out a license application with the same information as required for other applications. The vendor shall mail the license to the applicant, and the license shall be in the possession of the hunter or angler unless otherwise provided in Chapter 17 NMSA 1978. All money collected through telephone or internet sales shall be remitted to the director by the tenth day of the month following the sale. An individual receiving a license pursuant to this subsection is not required to sign an application prior to issuance of the license; provided, however, that the individual is subject to prosecution pursuant to Section 17-3-6 NMSA 1978 for any false or fraudulent statement or other misrepresentation as if the individual had signed an application for license.
C. Upon request, an applicant for a fishing or game hunting license shall receive an authorization number as assigned by the director of the department of game and fish through the vendor. The authorization number may be used in lieu of the actual license only by the individual who applies and meets the requirements for a license. The authorization number shall serve as a license for the purposes of Sections 17-3-1 and 17-3-17 NMSA 1978. It is a misdemeanor to hunt or fish with an invalid authorization number or a number issued to another person.
D. Each license vendor authorized to sell licenses via telephone or internet may collect the actual cost, not to exceed five dollars ($5.00), of shipping and handling the application and license issuance.
E. The director of the department of game and fish may prepare and furnish an electronic application for all persons applying for hunting license drawings. A person making an electronic application is not required to sign an application prior to issuance of the license; provided that the person is subject to prosecution pursuant to Section 17-3-6 NMSA 1978 for any false or fraudulent statement or other misrepresentation as if the person had signed an application.
History: Laws 1923, ch. 129, § 1; C.S. 1929, § 57-218; 1941 Comp., § 43-302; Laws 1945, ch. 99, § 2; 1953 Comp., § 53-3-2; Laws 1973, ch. 63, § 1; 1995, ch. 99, § 1; 2005, ch. 326, § 1; 2011, ch. 186, § 3.
Cross references. — For power of state game commission to withhold license, see 17-1-14 NMSA 1978.
For blank forms and applications for licenses, see 17-3-7 NMSA 1978.
The 2011 amendment, effective April 1, 2012, eliminated the distinction between small game hunting and general hunting licenses.
The 2005 amendment, effective June 17, 2005, provides in Subsection B that license vendors may take applications via the internet and that all money collected via internet sales shall be remitted to the director and adds Subsection E to provide that the director may provide for electronic applications for hunting license drawings, that a persons making an electronic application is not required to sign the application and that a person is subject to prosecution for a false or fraudulent statement or misrepresentation as if the person signed the application.
The 1995 amendment, effective June 16, 1995, designated the existing provision as Subsection A; added Subsections B through D; and, in Subsection A, inserted "of the department of game and fish" in the first sentence, added "except as provided in Subsection B of this section" at the beginning of the second and third sentences, and made minor stylistic changes.
It would not be legal for any person to sign the name of another as an applicant when applying for a hunting or fishing license in New Mexico. 1957-58 Op. Att'y Gen. No. 58-116.
False certificate by witness is subject to prosecution. — Witness who makes a false certificate concerning the residence of an applicant for a fishing or hunting license is subject to prosecution under 17-3-6 NMSA 1978 since signature by the witness corroborates the applicant's statement and is an essential part of the application. 1941-42 Op. Att'y Gen. No. 3973.
