HOUSE BILL 189

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Jose A. Campos

AN ACT

RELATING TO WILDLIFE; PROVIDING FOR RULES ON THE TAKING, CAPTURING OR KILLING OF NONGAME FISH; PROVIDING A PENALTY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 17-3-28 NMSA 1978 (being Laws 1939, Chapter 27, Section 3) is amended to read:

     "17-3-28. EXCEPTIONS--PROHIBITIONS.--

          A. The state game commission shall adopt rules on the manner, method and devices used for the taking, capturing or killing of nongame fish. A person violating a rule of the state game commission pertaining to nongame fish is guilty of a misdemeanor and may be sentenced pursuant to Section 17-2-10 NMSA 1978.

          B. Nothing in [this act] Sections 17-3-26 through 17-3-28 NMSA 1978 shall be construed to prevent licensed fishermen from taking minnows and other nongame fish for [his] their own use for bait or to prevent any minor under [fifteen (15)] twelve years of age from taking minnows not for resale; provided, however, that it shall be unlawful for licensed fishermen or any other person using nongame fish for bait to place any of [such] the nongame fish [which] that are not used for bait in any waters stocked or reserved for game fish by the state game commission [of the state of New Mexico]."

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