2021 New Mexico Statutes
Chapter 17 - Game and Fish and Outdoor Recreation
Article 1 - State Game Commission
Section 17-1-1 - [Declaration of policy.]
It is the purpose of this act and the policy of the state of New Mexico to provide an adequate and flexible system for the protection of the game and fish of New Mexico and for their use and development for public recreation and food supply, and to provide for their propagation, planting, protection, regulation and conservation to the extent necessary to provide and maintain an adequate supply of game and fish within the state of New Mexico.
History: Laws 1921, ch. 35, § 1; C.S. 1929, § 57-101; Laws 1931, ch. 117, § 1; 1941 Comp., § 43-101; 1953 Comp., § 53-1-1.ANNOTATIONS
Compiler's notes. — The words "this act" were substituted by the 1931 amendment to this section for the words "this bill", which appeared in the 1921 act. If referring to the 1921 act, they would refer to 17-1-1 to 17-1-4, 17-1-14, 17-1-27 and 17-2-6 NMSA 1978. If referring to the 1931 act, they would refer to 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.
Cross references. — For transfer of radio communication property of remote sites from department of game and fish to communications division of department of general services, see 15-2-4 NMSA 1978.
For public lands generally, see Chapter 19 NMSA 1978.
For the Off-Highway Motorcycle Act, see 66-3-1001 NMSA 1978.
For water law generally, see Chapter 72 NMSA 1978.
For animals generally, see Chapter 77 NMSA 1978.
Wild game elk. — The game and fish laws in Chapter 17 are expressly intended to cover free-roaming, wild game elk; the animal statutes in Article 18 of Chapter 30 of the Criminal Code do not apply. State v. Parson, 2005-NMCA-083, 137 N.M. 773, 115 P.3d 236.
Allocation of licenses based on residency, impermissible discrimination. — The allocation of licenses for bighorn, oryx and ibex by the state game commission on the basis of residency discriminates impermissibly against nonresidents under the federal constitution. Terk v. Gordon, No. 74-387-M (D.N.M., filed Aug. 25, 1977), aff'd, 436 U.S. 850, 98 S. Ct. 3063, 56 L. Ed. 2d 751 (1978).
Fee structure, although discriminatory, not offensive. — The present fee structure in 17-3-13 NMSA 1978, which discriminates against nonresidents, is not offensive to either the privileges and immunities clause, U.S. Const., art. IV, § 2, or the U.S. Const., amend. XIV. Terk v. Gordon, No. 74-387-M (D.N.M., filed Aug. 25, 1977), aff'd, 436 U.S. 850, 98 S. Ct. 3063, 56 L. Ed. 2d 751 (1978).
The state's power over public waters is plenary. State ex rel. State Game Comm'n v. Red River Valley Co., 1945-NMSC-034, 51 N.M. 207, 182 P.2d 421.
State's powers are dedicated to fishing and recreation. — Since public waters of the state by legislative enactment are dedicated to public uses of fishing and recreation, Conchas Lake is covered by these provisions. State ex rel. State Game Comm'n v. Red River Valley Co., 1945-NMSC-034, 51 N.M. 207, 182 P.2d 421.
Enclosing public waters cannot prevent fishing or hunting. — Fact that an adjoining landowner encloses waters which belong to the public does not make thereof a privately owned enclosure, and its treatment as such by the state would involve granting of a special "right" or "privilege" which is prohibited by the constitution, so that a license holder could not be prevented from fishing or hunting on the enclosure. State ex rel. State Game Comm'n v. Red River Valley Co., 1945-NMSC-034, 51 N.M. 207, 182 P.2d 421.
Carrying firearms before hunting season opens may be prohibited. — Powers granted to state game commission include authority to prohibit the carrying of firearms in hunting areas for specified periods of time before opening of the big game season. 1948 Op. Att'y Gen. No. 48-5135.
Law reviews. — For student article, "Preventing the Extinction of Candidate Species: The Lesser Prairie-Chicken in New Mexico", see 49 Nat. Resources J. 525 (2009).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Waste of fish, constitutionality and construction of statutes for prevention of, 38 A.L.R. 1198.
Applicability of state fishing license laws or other public regulations as to fishing in private lake or pond, 15 A.L.R.2d 754.
Validity of regulation or prohibition of fishing to protect public water supply, 56 A.L.R.2d 790.