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."