46th legislature - STATE OF NEW MEXICO - first session, 2003
RELATING TO PRIVATE PROPERTY RIGHTS; ELIMINATING DEPARTMENT OF GAME AND FISH REQUIREMENTS PERTAINING TO GAME PARKS AND ENCLOSURES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 17-4-8 NMSA 1978 (being Laws 1912, Chapter 85, Section 59, as amended) is amended to read:
"17-4-8. GAME AND FISH--PROPAGATING IN PRIVATE [LAKE]
LAKES OR [PARK] BODIES OF WATER--SALE--LICENSE.--[SEC. 59. No]
A person shall not have or maintain [any park, enclosure] a
lake or body of water for the purpose of keeping or propagating
therein any [game or] game fish for sale, [nor shall any] and
living [game or] game fish from [such park, enclosure] the lake
or body of water shall not be sold or offered for sale, unless
the owner, proprietor or lessee [thereof shall first procure]
procures a license as [hereinafter] provided in Sections 17-4-9
through 17-4-28 NMSA 1978."
Section 2. Section 17-4-9 NMSA 1978 (being Laws 1912, Chapter 85, Section 60, as amended) is amended to read:
"17-4-9. [GAME--FISH] PUBLIC NUISANCE--MAINTAINING
PRIVATE [PARK OR LAKE BY PERSON] LAKES OR BODIES OF WATER
WITHOUT [PERMIT] PERMITS.--[SEC. 60.] Any [park, enclosure]
lake or body of water maintained in violation of [this] Chapter
17 NMSA 1978 shall be deemed a continuing public nuisance and
may be abated as provided by law for the abatement of public
nuisances and the [game or] game fish therein liberated or any
obstruction to the free ingress or egress of fish removed, and
each day the [same] lake or body of water is maintained in
violation [hereof] of that chapter shall be a separate
offense."
Section 3. Section 17-4-10 NMSA 1978 (being Laws 1912, Chapter 85, Section 61, as amended) is amended to read:
"17-4-10. GAME FISH IN [PRIVATE PARK OR LAKE] LAKES OR
BODIES OF WATER--TRANSPORTATION, SALE.--[SEC. 61. No persons]
A person shall not transport or sell, keep or expose or offer
for transportation or sale any [game or] game fish taken from
any [park, enclosure] lake or body of water, public or private,
unless the [same be] lake or body of water is licensed as
provided in [this chapter, and then only as provided in this
division, and] Sections 17-4-8 through 17-4-28 NMSA 1978. This
section shall apply to game [and] fish held by private
ownership as well as to game [and] fish the ownership of which
may be acquired under [this chapter] those sections."
Section 4. Section 17-4-11 NMSA 1978 (being Laws 1912, Chapter 85, Section 62, as amended) is amended to read:
"17-4-11. [GAME--FISH--IN] PRIVATE [PARKS OR] LAKES AND
BODIES OF WATER USED FOR IRRIGATION--[ACT] WHEN LAW APPLIES.--[SEC. 62.] The provisions of [this] Chapter 17, Article 4 NMSA
1978 in relation to the licensing of private [parks and] lakes
[the licensing thereof] and other bodies of water for the
keeping and propagation of [game and] game fish [therein and
permitting the same thereof] shall apply to every [park or]
lake [or such part thereof as is on land held by private
ownership and to every lake] or body of water, the water of
which or the right to use of such water, in whole or in part,
has been or may hereafter be acquired under the laws of this
state or of the United States for irrigation purposes [and].
The owner of [such land or] the water right shall be deemed the
proprietor of [such park or] the lake or body of water and of
the game [or] fish [therein] in the lake or body of water to
the extent of his ownership of [such land or] the water right."
Section 5. Section 17-4-12 NMSA 1978 (being Laws 1912, Chapter 85, Section 63, as amended) is amended to read:
"17-4-12. LICENSE--APPLICATION--CONTENTS--LIMITS.--[Any]
A person having already established or desiring to establish or
maintain a [park or] lake or body of water for the purpose of
keeping or propagating and selling the [game or] game fish
[therein or to be placed therein] in or to be placed in the
lake or body of water shall apply in writing to the [Warden]
director of the department of game and fish, stating the name,
location, extent and proprietorship of the [same] lake or body
of water and the kind and, as near as may be, the number of
[game or] game fish kept or desired to be kept [therein] in the
lake or body of water and the term for which the license is
desired and [inclosing] enclosing the fee [therefor, and] for
the license. If upon examination by the [Warden] director it
[shall appear] appears that the application is in good faith
and in other respects proper and reasonable, he shall grant to
[such] the applicant a license. [therefor; provided that the
maximum area that may be included within any park shall not
exceed three thousand two hundred acres and that every park
shall be enclosed by a game-proof fence which shall conform to
specifications required by the state game commission.]"
Section 6. Section 17-4-13 NMSA 1978 (being Laws 1912, Chapter 85, Section 64, as amended) is amended to read:
"17-4-13. LICENSE--[SEC. 63] FORM [OF].--[SEC. 64.] Such
license shall be substantially in the following form:
No.__________ Class A. Santa Fe___________ [19] 20 __
This certifies that ____________________
proprietor of a (public or private) ([park or] lake or
body of water) called ___________________ and situated
on _________________________ Sec________________ Twp
_______________ Range _______________ in
________________ county, New Mexico, is hereby
authorized to keep and propagate therein and dispose
of as provided by law the following (game [quadrupeds,
birds or] fish), viz: ______________________ together
with such additions thereto (with the natural increase
of all) as may be hereafter lawfully acquired. This
license expires ____________________ years after date.
___________________________[Warden] Director."
Section 7. Section 17-4-15 NMSA 1978 (being Laws 1912, Chapter 85, Section 66, as amended) is amended to read:
"17-4-15. PRIVATE LAKES--CONSENT REQUIRED FOR USE--PERMIT.--Except as [in this division] otherwise provided in
Sections 17-4-8 through 17-4-28 NMSA 1978, all game [and] fish,
with the natural increase thereof, held or confined in [any] a
private [preserve, park or] lake or body of water licensed
under the provisions of [this act] those sections shall, during
the existence of the license or any renewal thereof, be deemed
the property of the licensee [of the same] to the extent that
he may lawfully retain, [pursue] capture, [kill] use, sell or
dispose of the game [or] fish [therein] in any quantity, in any
manner and at any time of the year, and the [pursuit] capture,
wounding or killing of any game [or] fish in any public or
private and licensed [preserve, park or] lake [public or
private] or body of water without the consent of the proprietor
shall be unlawful; provided that the aggregate number of game
[animals or] fish in [any] a licensed private preserve, park or
lake [which] that contained game [or] fish belonging to the
state at the time or date of the issuing of such license shall
not be lessened by the killing, use, sale or disposition
thereof, it being the purpose of this [provision] section to
restrict such killing, use, sale and disposition to a number
not exceeding in the aggregate the natural increase. If by
reason of controlling necessity or for the purpose of stocking
or replenishing some other [park or] lake or body of water any
proprietor of a licensed [perserve, park or] lake or body of
water may desire to lessen the aggregate number [above]
provided for in this section, the [State Game and Fish Warden]
director of the department of game and fish may [on being
satisfied of the propriety thereof] grant a permit [therefor]
for that purpose."
Section 8. Section 17-4-16 NMSA 1978 (being Laws 1912, Chapter 85, Section 67, as amended) is amended to read:
"17-4-16. GAME FISH [PARKS] FROM LAKES--SALE [OF--OWNER--DUTY]--INVOICE--FORM [WARDEN].--[SEC. 67.] When the proprietor
of [any] a licensed [park or] lake [of Class A] or body of
water shall sell or dispose of any [game or] game fish as
[herein] provided [he] in Sections 17-4-8 through 17-4-28 NMSA
1978, the proprietor shall at the same time deliver to the
purchaser or donee or attach thereto an invoice signed by
[such] the proprietor or [his] agent of the proprietor, stating
the number of the license and name of [such park or] lake or
body of water, the date of disposition, the kind and as near as
practicable the number and weight of [such] the game [or] fish
and the name and address of the purchaser, consignee or donee.
[Such] The invoice shall authorize transportation within this
state, possession and use for thirty days after its date and
shall be substantially in the following form:
STATE OF NEW MEXICO
DEPARTMENT OF GAME AND FISH
PRIVATE [PARKS AND] LAKES AND BODIES OF WATER--INVOICE
Name of [park or] lake or body of water ___________[Class
A] No. of license ________________ Date _______________
[19] 20 ___ Kind and number of game [and]
fish_________________________ Weight of same _________ lbs.
Name of consignee___________________________________
Address of consignee______________
This authorizes transportation with this state, possession and sale for thirty days after date if attached to article.
____________________________ Proprietor_____ By_____________________________________ Agent.
[Such] The proprietor or his agent shall at the same
time mail, postpaid, a duplicate of [such] the invoice to
the [Warden] director of the department of game and fish at
Santa Fe."
Section 9. Section 17-4-17 NMSA 1978 (being Laws 1912, Chapter 85, Section 68, as amended) is amended to read:
"17-4-17. GAME FISH--[PARKS, LAKES] SHIPMENT [OF]--ATTACH INVOICE.--[SEC. 68.] When any [such] game [or] fish
for which an invoice is required is to be shipped by rail,
express or other carrier, public or private, the invoice
shall be securely attached thereto or to the package
containing the [same] game fish, in plain sight, and the
[same] game fish may then be lawfully carried and delivered
within this state to the consignee named in [such] the
invoice."
Section 10. Section 17-4-18 NMSA 1978 (being Laws 1912, Chapter 85, Section 69, as amended) is amended to read:
"17-4-18. GAME FISH--[PARKS, LAKES] SALE BY CONSIGNEE--[HOTELS] INVOICE ATTACHED.--[SEC. 69.] If [such game or] a
game fish for which an invoice is required is held, exposed
or offered for sale or sold by the consignee or kept in any
storage, hotel, restaurant, cafe or boardinghouse, [such]
the invoice shall be kept attached thereto as [aforesaid]
provided in Section 17-4-17 NMSA 1978 until the [same shall
have been] game fish is prepared for consumption."
Section 11. Section 17-4-19 NMSA 1978 (being Laws 1912, Chapter 85, Section 70, as amended) is amended to read:
"17-4-19. GAME FISH--[PARKS, LAKES] SALE OF--DELIVER
[PURCHASER] COPY OF INVOICE TO PURCHASER--ATTACH.--[SEC.
70.] In case of a sale or disposition of [such game or] a
game fish [or any part thereof] for which an invoice is
required, the vendor shall [at the same time] make a copy of
[such] the invoice and endorse [thereon] on it the date of
sale, the number and kind of game [or] fish [so] disposed of
and the name of the purchaser [and]. The vendor shall sign
and deliver the [same] copy to the purchaser or donee, who
shall keep it attached as [aforesaid] provided in Section
17-4-17 NMSA 1978 until the game [or] fish is prepared for
consumption [and]. The [same] invoice copy shall have the
same force and effect as the original invoice."
Section 12. Section 17-4-20 NMSA 1978 (being Laws 1912, Chapter 85, Section 71, as amended) is amended to read:
"17-4-20. [GAME--FISH--PARKS, LAKES] WILLFUL ERROR
RENDERS INVOICE VOID--POSSESSION UNLAWFUL.--[SEC. 71. Any]
A willful misstatement in or [any] an omission of a
substantial requirement from [any] an invoice or copy
[thereof] of an invoice shall render the [same] invoice or
copy void and be deemed a violation of [this chapter]
Sections 17-4-8 through 17-4-28 NMSA 1978, and the
possession of [any game or] game fish without [such] the
invoice or [a] copy [thereof] attached [thereto] to the game
fish when [so as above] required [shall be] in those
sections is unlawful."
Section 13. Section 17-4-21 NMSA 1978 (being Laws 1912, Chapter 85, Section 72, as amended) is amended to read:
"17-4-21. [GAME--FISH PARKS] LAKES--PROPRIETOR REPORT
TO [WARDEN] DIRECTOR.--[SEC. 72.] The proprietor of every
private [park and] lake or body of water licensed under [the
preceding] Sections 17-4-8 through 17-4-28 NMSA 1978 shall,
whenever required by the [Warden] director of the department
of game and fish, make and send to the [Warden] director at
Santa Fe a report showing as near as practicable [the kind,
number, age and sex of the game and] the kind and number or
weight of the game fish added and disposed of during the
year preceding and on hand at the date of the report."
Section 14. Section 17-4-23 NMSA 1978 (being Laws 1912, Chapter 85, Section 74, as amended) is amended to read:
"17-4-23. [GAME--FISH PARKS] LAKES AND OTHER BODIES OF
WATER--GRANTEE, LESSEE DEEMED PROPRIETOR.--[SEC. 74.] When
the owner of a private [park or] lake or other body of water
has granted or leased to another the right to keep and
propagate [game or] fish therein, the grantee or lessee
shall be deemed the proprietor and entitled to the license."
Section 15. Section 17-4-26 NMSA 1978 (being Laws 1912, Chapter 85, Section 77, as amended) is amended to read:
"17-4-26. POSTING AGAINST TRESPASS.--There shall be
kept posted [conspicuously at every gate where a road or
trail enters or crosses each licensed park or preserve and]
at conspicuous places along the border of each licensed lake
plain notices not less than one foot square stating that the
[same] lake is private property and [warning persons against
trespassing thereon] that trespassing upon the property is
prohibited."
Section 16. Section 17-4-27 NMSA 1978 (being Laws 1912, Chapter 85, Section 78, as amended) is amended to read:
"17-4-27. [GAME--FISH PARKS] LAKES--TRANSFER OF
OWNERSHIP--LICENSE.--[SEC. 78.] In case of a transfer of
proprietorship or interest in any [park] lake or [preserve]
body of water, the transferee shall within thirty days
thereafter procure from the [Warden] director of the
department of game and fish a transfer of the license,
endorsed on the back [thereof]."
Section 17. Section 17-4-28 NMSA 1978 (being Laws 1912, Chapter 85, Section 79, as amended) is amended to read:
"17-4-28. [PARKS] LAKES [AND PRESERVES]--LICENSE--FEES.--
A. Licenses for [private parks] lakes [and
preserves] may be for one year, and any license shall be
renewed annually at the request of the licensee.
B. The director of the department of game and fish
shall charge and collect just and reasonable fees for the
following permits under Sections 17-4-8 through 17-4-28 NMSA
1978, as determined by [regulation] rule of the state game
commission:
(1) permit to capture or exchange;
[(2) quadruped park license;
(3) each renewal of each quadruped park
license;
(4)] (2) one lake license;
[(5)] (3) each renewal of one lake license;
[(6)] (4) each additional lake license;
[(7)] (5) each renewal of each additional lake
license; and
[(8)] (6) each certificate, permit or license
not provided for in this section."