Fur-bearing and nongame animals defined; property of state.

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The following quadrupeds are hereby defined as fur-bearing animals, to wit: muskrat, mink, weasel, beaver, otter, nutria, masked or blackfooted ferret, ringtail cat, raccoon, pine marten, coatimundi, badgers, bobcat and all species of foxes. These animals and their pelts are hereby declared to be the property of the state until they shall have been lawfully taken, killed or captured as provided by Sections 17-5-1 through 17-5-9 NMSA 1978, except as to beaver and beaver pelts, the taking of which shall be subjected to the application of Section 17-3-31 NMSA 1978.

History: Laws 1939, ch. 178, § 2; 1941 Comp., § 43-502; 1953 Comp., § 53-5-2; Laws 1955, ch. 57, § 1; 1980, ch. 15, § 2; 1981, ch. 342, § 1.

ANNOTATIONS

Compiler's notes. — Laws 1955, ch. 57, § 4, declares that the part of this section that includes beaver among the nonpredatory fur-bearing animals shall be effective only upon enactment of a New Mexico statute excluding beaver from the list of game animals. Laws 1955, ch. 58, § 1, deleted beaver from the list of game animals. For present list of game mammals, birds and fish, see 17-2-3 NMSA 1978.


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