A. A person violating any of the provisions of Chapter 17 NMSA 1978, except for the felony provision of Section 17-2-8 NMSA 1978, or any rules adopted by the state game commission that relate to the time, extent, means or manner that game animals, birds or fish may be hunted, taken, captured, killed, possessed, sold, purchased or shipped is guilty of a misdemeanor and upon conviction shall be sentenced pursuant to Section 31-19-1 NMSA 1978. In addition, the person shall be sentenced to the payment of a fine in accordance with the following schedule:
(1) for illegally taking, attempting to take, killing, capturing or possessing of each deer, antelope, javelina, bear or cougar during a closed season, a fine of four hundred dollars ($400);
(2) for illegally taking, attempting to take, killing, capturing or possessing of each elk, bighorn sheep, oryx, ibex or Barbary sheep, a fine of one thousand dollars ($1,000);
(3) for hunting big game without a proper and valid license, lawfully procured, a fine of one hundred dollars ($100);
(4) for exceeding the bag limit of any big game species, a fine of four hundred dollars ($400);
(5) for attempting to exceed the bag limit of any big game species by the hunting of any big game animal after having tagged a similar big game species, a fine of two hundred dollars ($200);
(6) for signing a false statement to procure a resident hunting or fishing license when the applicant is residing in another state at the time of application for a license, a fine of four hundred dollars ($400);
(7) for using a hunting or fishing license issued to another person, a fine of one hundred dollars ($100);
(8) for a violation of Section 17-2-31 NMSA 1978, a fine of three hundred dollars ($300);
(9) for selling, offering for sale, offering to purchase or purchasing any big game animal, unless otherwise provided by Chapter 17 NMSA 1978, a fine of one thousand dollars ($1,000);
(10) for illegally taking, attempting to take, killing, capturing or possessing of each jaguar, a fine of two thousand dollars ($2,000); and
(11) for a violation of the provisions of Subsection A of Section 17-2A-3 NMSA 1978, a fine of five hundred dollars ($500).
B. A person convicted a second time for violating any of the provisions of Chapter 17 NMSA 1978, except for the felony provision of Section 17-2-8 NMSA 1978, or any rules adopted by the state game commission that relate to the time, extent, means or manner that game animals, birds or fish may be hunted, taken, captured, killed, possessed, sold, purchased or shipped is guilty of a misdemeanor and upon conviction shall be sentenced pursuant to Section 31-19-1 NMSA 1978. In addition, the person shall be sentenced to the payment of a fine in accordance with the following schedule:
(1) for illegally taking, attempting to take, killing, capturing or possessing of each deer, antelope, javelina, bear or cougar during a closed season, a fine of six hundred dollars ($600);
(2) for illegally taking, attempting to take, killing, capturing or possessing of each elk, bighorn sheep, oryx, ibex or Barbary sheep, a fine of one thousand five hundred dollars ($1,500);
(3) for hunting big game without a proper and valid license, lawfully procured, a fine of four hundred dollars ($400);
(4) for exceeding the bag limit of any big game species, a fine of six hundred dollars ($600);
(5) for attempting to exceed the bag limit of any big game species by the hunting of any big game animal after having tagged a similar big game species, a fine of six hundred dollars ($600);
(6) for signing a false statement to procure a resident hunting or fishing license when the applicant is residing in another state at the time of application for a license, a fine of six hundred dollars ($600);
(7) for using a hunting or fishing license issued to another person, a fine of two hundred fifty dollars ($250);
(8) for a violation of Section 17-2-31 NMSA 1978, a fine of five hundred dollars ($500);
(9) for selling, offering for sale, offering to purchase or purchasing any big game animal, unless otherwise provided by Chapter 17 NMSA 1978, a fine of one thousand five hundred dollars ($1,500);
(10) for illegally taking, attempting to take, killing, capturing or possessing of each jaguar, a fine of four thousand dollars ($4,000); and
(11) for a violation of the provisions of Subsection A of Section 17-2A-3 NMSA 1978, a fine of one thousand dollars ($1,000).
C. Notwithstanding the provisions of Section 31-18-13 NMSA 1978, a person convicted a third or subsequent time for violating any of the provisions of Chapter 17 NMSA 1978, except for the felony provision of Section 17-2-8 NMSA 1978, or any rules adopted by the state game commission that relate to the time, extent, means or manner that game animals, birds or fish may be hunted, taken, captured, killed, possessed, sold, purchased or shipped is guilty of a misdemeanor and upon conviction shall be sentenced to imprisonment in the county jail for a term of not less than ninety days, which shall not be suspended or deferred. In addition, the person shall be sentenced to the payment of a fine in accordance with the following schedule:
(1) for illegally taking, attempting to take, killing, capturing or possessing of each deer, antelope, javelina, bear or cougar during a closed season, a fine of one thousand two hundred dollars ($1,200);
(2) for illegally taking, attempting to take, killing, capturing or possessing of each elk, bighorn sheep, oryx, ibex or Barbary sheep, a fine of three thousand dollars ($3,000);
(3) for hunting big game without a proper and valid license, lawfully procured, a fine of one thousand dollars ($1,000);
(4) for exceeding the bag limit of any big game species, a fine of one thousand two hundred dollars ($1,200);
(5) for attempting to exceed the bag limit of any big game species by the hunting of any big game animal after having tagged a similar big game species, a fine of one thousand dollars ($1,000);
(6) for signing a false statement to procure a resident hunting or fishing license when the applicant is residing in another state at the time of application for a license, a fine of one thousand two hundred dollars ($1,200);
(7) for using a hunting or fishing license issued to another person, a fine of one thousand dollars ($1,000);
(8) for a violation of Section 17-2-31 NMSA 1978, a fine of one thousand dollars ($1,000);
(9) for selling, offering for sale, offering to purchase or purchasing any big game animal, unless otherwise provided by Chapter 17 NMSA 1978, a fine of three thousand dollars ($3,000);
(10) for illegally taking, attempting to take, killing, capturing or possessing of each jaguar, a fine of six thousand dollars ($6,000); and
(11) for a violation of the provisions of Subsection A of Section 17-2A-3 NMSA 1978, a fine of two thousand dollars ($2,000).
D. A person who is convicted of a violation of any rules adopted by the state game commission or of a violation of any of the provisions of Chapter 17 NMSA 1978, except for the felony provision of Section 17-2-8 NMSA 1978, for which a punishment is not set forth under this section, is a misdemeanor and shall be fined or imprisoned pursuant to Section 31-19-1 NMSA 1978.
E. The provisions of this section shall not be interpreted to prevent, constrain or penalize a Native American for engaging in activities for religious purposes, as provided in Section 17-2-14 or 17-2-41 NMSA 1978.
F. The provisions of this section shall not apply to a landowner or lessee, or employee of either of them, who kills an animal on private land, in which they have an ownership or leasehold interest, that is threatening human life or damaging or destroying property, including crops; provided, however, that the killing is reported to the department of game and fish within twenty-four hours and before the removal of the carcass of the animal killed; and provided further that all actions authorized in this subsection are carried out according to rules of the department.
History: Laws 1931, ch. 117, § 7; 1941 Comp., § 43-209; 1953 Comp., § 53-2-9; Laws 1963, ch. 213, § 2; 1977, ch. 290, § 2; 1979, ch. 340, § 2; 1997, ch. 119, § 1; 1997, ch. 224, § 1; 1999, ch. 31, § 2; 2017, ch. 38, § 2.
ANNOTATIONSCross references. — For artificial wildlife being used and defined as game animals or birds for the purpose of presecution, see 17-2-2.1 NMSA 1978.
For revocation of license for violation of law, see 17-2-30, 17-3-34 and 17-5-9 NMSA 1978.
For penalties for violations as to endangered species, see 17-2-45 NMSA 1978.
For fines constituting current school fund, see N.M. Const., art. XII, § 4.
The 2017 amendment, effective June 16, 2017, provided for stricter penalties for violation of the Game and Fish provisions; in the catchline, deleted "regulations" and added "rules"; in Subsection A, in the introductory paragraph, deleted "Any" and added "A", after "Chapter 17 NMSA 1978", added "except for the felony provision of Section 17-2-8 NMSA 1978", after "or any", deleted "regulations" and added "rules", after "upon conviction", deleted "may" and added "shall", and after "be sentenced", deleted "to imprisonment in the county jail for a term not to exceed six months" and added "pursuant to Section 31-19-1 NMSA 1978"; in Subsection B, in the introductory paragraph, after "Chapter 17 NMSA 1978", added "except for the felony provision of Section 17-2-8 NMSA 1978", after "or any", deleted "regulations" and added "rules", after "upon conviction", deleted "may" and added "shall", and after "be sentenced", deleted "to imprisonment in the county jail for a term of not more than three hundred sixty-four days" and added "pursuant to Section 31-19-1 NMSA 1978"; in Subsection C, in the introductory paragraph, after "Chapter 17 NMSA 1978", added "except for the felony provision of Section 17-2-8 NMSA 1978", after "or any", deleted "regulations" and added "rules", after "upon conviction", deleted "may" and added "shall", and after "suspended or deferred", deleted "and not more than three hundred sixty four days"; in Subsection D, deleted "Any" and added "A", after "violation of any", deleted "regulations" and added "rules", after "state game commission", deleted "that relate to the time, extent, means or manner that game animals, birds or fish may be hunted, taken, captured, killed, possessed, sold, purchased or shipped", after "Chapter 17 NMSA 1978", added "except for the felony provision of Section 17-2-8 NMSA 1978", after "under this section", added "is a misdemeanor and", after "shall be fined", deleted "not less than fifty dollars ($50.00) or more than five hundred dollars ($500)", and after "imprisoned", deleted "not more than six months or both" and added "pursuant to Section 31-19-1 NMSA 1978"; and in Subsection F, after "according to", deleted "regulations" and added "rules".
The 1999 amendment, effective June 18, 1999, added Paragraphs A(10), A(11), B(10), B(11), C(10), and C(11), inserted "or Barbary sheep" following "ibex" in Paragraph B(2), and made minor stylistic changes.
The 1997 amendment, effective July 1, 1997, added "In addition, the person" at the beginning of the last sentence of the introductory language in Subsection A; added Subsections B and C and redesignated the following subsection accordingly; and added Subsections E and F.
Wild elk. — Defendant could be convicted only under the game and fish laws, and not under Section 30-18-6 NMSA 1978, for transporting heads of free-roaming, wild elk, since wild elk were among protected species of family Cervidae. State v Parson, 2005-NMCA-083, 173 N.M. 773, 115 P.3d 236.
Erroneous habeas corpus judgment held res judicata. — A judgment in habeas corpus proceeding, not appealed from, discharging a defendant prosecuted for killing a bear out of season, on the ground that a bear was not a game animal defined by statute, was res judicata on that issue, although erroneous, barring a further prosecution for having in possession a bear skin, from the same animal. State ex rel. Sofeico v. Heffernan, 1936-NMSC-069, 41 N.M. 219, 67 P.2d 240.
Money collected as informer's fee should be paid over to person instituting prosecution, who may recover it by legal action if not so paid. 1931 Op. Att'y Gen. No. 31-100.
Law reviews. — For article, "Possibilities for Expansion of the Migrating Bird Treaty Act for the Protection of Migrating Birds", see 40 Nat. Resources J. 47 (2000).