HOUSE BILL 261
56th legislature - STATE OF NEW MEXICO - first session, 2023
Kristina Ortez and D. Wonda Johnson and Gregg Schmedes
RELATING TO WILDLIFE; EXPANDING THE UNLAWFUL TAKING OF BIG GAME TO INCLUDE JAVELINAS, BEARS AND COUGARS; MAKING CONFORMING CHANGES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 17-2-8 NMSA 1978 (being Laws 1977, Chapter 70, Section 1, as amended) is amended to read:
"17-2-8. UNLAWFUL TAKING OF BIG GAME AND WASTE OF GAME.--
A. It is unlawful for any person:
(1) who hunts or fishes and takes any game mammal designated in [Paragraphs] Paragraph (1), (2), (3), [or] (4), (9) or (10) of Subsection A of Section 17-2-3 NMSA 1978, any game bird or any game fish to fail to transport the edible portions of the meat obtained to the person's home for human consumption or to provide for the human consumption thereof under any commission [regulations] rules pertaining to exportation, transportation and donation of game;
(2) who wounds or may have wounded any game mammal designated in [Paragraphs] Paragraph (1), (2), (3), [or] (4), (9) or (10) of Subsection A of Section 17-2-3 NMSA 1978 to fail to go to the place where the mammal sustained or may have sustained the wound and make a reasonable attempt to track the mammal and reduce it to possession; or
(3) to take or kill a bighorn sheep, ibex, oryx, Barbary sheep, elk, deer, javelina, bear, cougar or pronghorn antelope outside of the legal season or without a valid license, which taking or killing results in waste of the animal. Waste of the animal consists of removing from the animal only the head, antlers or horns of a bighorn sheep, ibex, oryx, Barbary sheep, elk, deer, pronghorn antelope or
javelina, the pelt or head of a bear or cougar or abandoning any of the four quarters, backstraps or tenderloins of the carcass. A violation of the provisions of this paragraph is intended to be separate from and cumulative to any other violation of Chapter 17 NMSA 1978.
B. Violation of Paragraph (3) of Subsection A of this section is a fourth degree felony pursuant to Section 31-18-15 NMSA 1978, and violation of Paragraph (1) or (2) of Subsection A of this section is a misdemeanor pursuant to Section 17-2-10 NMSA 1978."