A. As used in Chapter 17 NMSA 1978, "penalty assessment misdemeanor" means a violation of any of the following listed sections of the NMSA 1978 for which the listed penalty assessment is established:
| COMMON NAME OF OFFENSE | SECTION VIOLATED | PENALTY ASSESSMENT |
| Fishing, hunting or trapping |
|
|
| Fishing without a license | 17-3-17 | $ 75.00 |
| Hunting small game without |
|
|
| Manner and method rule |
|
|
B. When an alleged violator of a penalty assessment misdemeanor elects to accept a notice to appear in lieu of a notice of penalty assessment, no fine imposed upon later conviction shall exceed the penalty assessment established for the particular penalty assessment misdemeanor.
C. With the penalty assessment collected for each penalty assessment misdemeanor pursuant to this section, there shall be assessed and collected the cost of the appropriate license and validation that the violator failed to produce. Upon presentation of proof of payment of the penalty assessment, the director of the department of game and fish shall issue the appropriate license and validation.
History: Laws 1995, ch. 177, § 1; 2015, ch. 27, § 1.
ANNOTATIONSThe 2015 amendment, effective June 19, 2015, provided for additional penalty assessments for violations of hunting and fishing infractions; in Subsection A, added a penalty assessment of $50.00 for "fishing, hunting or trapping without the proper stamp or validation as required by law or adopted by state game commission rule" and a penalty assessment of $125.00 for "manner and method rule infraction contrary to adoption by state game commission rule"; in Subsection C, after "With the", added "penalty", and after the first and second occurrences of "license", added "and validation".