Sources: New Mexico Statutes Annotated 1978, Chapter 17; 1988 Replacement Pamphlet; 1992 Cumulative Supplement.
STATE WILDLIFE POLICY
It is the policy of the state to provide a 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 (17-1-1). The state legislature declares that: species and subspecies of wildlife indigenous to the state found to be endangered should be managed and, to the extent possible, enhanced in number within the carrying capacity of the habitat; the state should assist in the management of wildlife deemed to be endangered elsewhere by prohibiting the taking, possession, transportation, exportation, processing, sale or offering for sale or shipment within this state wildlife listed on the US lists of endangered fish and wildlife, unless such actions will assist in preserving or propagating the species or subspecies; adequate funding be made available to the Department of Game and Fish (Department) by annual appropriation from the general fund or from other sources separate and apart from the Game and Fish Protection Fund for management of endangered species (17-2-39). It is the policy of New Mexico to provide an adequate and flexible system for the protection of fur-bearing animals to the end that valuable fur resources shall not be wasted or depleted (17-5- 1).
PROTECTED SPECIES OF WILDLIFE
The game animals and quadrupeds, game birds and fowl, and game fish as herein defined shall be protected, and hunting, taking, capturing, killing or possession, or attempt to do so, a species named herein shall be regulated by the Commission (17-2-2). Fur-bearing and nongame animals are state property until lawfully taken, killed or trapped during seasons declared by Commission regulation (17-5-2 and -3). In making regulations regarding when and by what means fur- bearing animals may be hunted, taken, captured, possessed or killed, the Commission shall give due regard to zones of temperatures and to the distribution, abundance, economic value and breeding habits of such animals (17-5-4).
It is unlawful to shoot, injure, ensnare or trap, or injure or destroy a songbird, or insectivorous birds, comprising all the species and varieties of birds represented by the several families of bluebirds, bobolinks, catbirds, chickadees, cuckoos (including the roadrunner), flickers, flycatchers, grosbeaks, hummingbirds, kinglets, martins, meadowlarks, nighthawks or bull bats, nuthatches, orioles, robins, shrikes, swallows, swifts, tanagers, titmice, thrushes, vireos, warblers, waxwings, whippoorwills, woodpeckers, wrens, and all other perching insectivorous birds (17-2-13). Except as provided, it is unlawful to take, attempt to take, possess, trap or ensnare or injure, maim or destroy any of the species of vultures, hawks and owls, and it is unlawful to purchase, sell or trade, or possess parts of these birds (17-2-14). Other species protected by statute and regulated by the Commission include: horned toads may not be killed, sold, nor shipped from state (17-2-15); bullfrogs require fishing license for taking and may not be sold or bartered (17-2-4 and -16). Minnows and nongame fish may not be taken from state waters for sale as bait without a license (17-3-26). (See also GENERAL EXCEPTIONS TO PROTECTION.)
Endangered and threatened animals are protected under sections 17-2-37 through 17-2-46, Wildlife Conservation Act. The Commission shall by regulation develop a list of species and subspecies of indigenous wildlife determined to be endangered, this list to be reviewed by the Director biennially. The Director shall conduct investigations on endangered or threatened wildlife to develop information relating to population, distribution, habitat needs, limiting factors and other biological/ecological data to determine management measures and requirements necessary for their survival (17-2-40). It is unlawful to take, possess, transport, export, process, sell or ship species or subspecies of wildlife on the New Mexico Endangered Species list or the US lists of endangered native and foreign fish and wildlife to the extent that such lists have been adopted by Commission regulation. Transport through the state is allowed under valid federal and state permits (17-2-41). See also RELEVANT WILDLIFE DEFINITIONS, GENERAL EXCEPTIONS TO PROTECTION, and ANIMAL DAMAGE CONTROL.
HABITAT PROTECTION
The Director shall establish programs, including programs for research and the acquisition of land or aquatic habitat, as authorized by the Commission for the management of endangered species (17-2-42). The Commission may: acquire land by purchase, gift, bequest or lease; and develop and improve lands for fish hatcheries, game farms, game refuges, bird refuges, resting and nesting grounds, field stations and trails, for propagation, preservation, protection and management of game, birds, fish and wildlife (17-4-1). The Commission may acquire lands by the power of eminent domain (17-4-2). The Commission may sell or exchange or lease lands or assign an interest in any lands, including timber, oil, gas, or minerals (17-4-3).
Under the Habitat Protection Act, 17-6-1 to 17-6-11, the Commission, after public hearings in the affected areas, may close certain areas to vehicles and camping if it is determined that such activities are damaging to wildlife reproduction or habitat. The Commission may recommend that particular areas of land be set aside or made available for recreational vehicles. Camping may be prohibited during certain open hunting seasons, or restricted to designated areas. The Commission may enter into agreements with landowners to restrict vehicle use on private lands otherwise open for recreation and hunting, and make agreements with landowners as to enforcement, posting of lands, and cost sharing of performing the functions of this section (17-6-3). The Commission shall adopt regulations to carry out the provisions of the Habitat Protection Act, and shall make closed or restricted areas known to the public through public notice and hearings (17-6-4). It is unlawful to drive a vehicle cross-country where such travel is prohibited by regulation (17-6-5). All peace officers of the state, counties and municipalities shall enforce the provisions of this section (17-6-9).
No person owning or controlling a lake or body of water into which public waters flow and which supplies water to a stream containing game fish shall divert or lessen such water flow to an extent detrimental to fish (17-4-14). Persons floating logs, timber, or lumber in a stream containing game fish, for each mile of the streams used, shall deposit annually one thousand trout fry or fingerlings at the times and places designated by the Department. Violation is a misdemeanor (17-4-29).
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New Mexico Center for Wildlife Law
University of New Mexico School of Law
1117 Stanford NE, Albuquerque, NM 87131
(505) 277-5006
lprovenc@unm.edu