A. All species, except for those collected in rattlesnake roundups, for fish bait or for lizard races, of native, free-ranging amphibians and reptiles are hereby classified as protected nongame animals for commercial taking purposes. The commercial taking or capturing of native, free-ranging amphibians and reptiles is prohibited except by a permit issued by the state game commission.
B. The state game commission shall adopt rules necessary to administer Paragraph (14) of Subsection A of Section 17-1-14 NMSA 1978 and this section to assure that viable populations of native, free-ranging amphibians and reptiles are maintained in the state.
C. If the state game commission determines that it will offer permits to take or capture native, free-ranging amphibians or reptiles, the commission shall adopt a rule listing protected native, free-ranging amphibians and reptiles that may be taken or captured after taking into consideration any criteria that can be shown to have an effect from commercial takings on the viability of the species population in the state.
D. Unlawful taking of a native, free-ranging amphibian or reptile consists of intentionally taking or capturing, for commercial purposes, a regulated native, free-ranging amphibian or reptile without a valid permit from the state game commission.
E. Amphibians and reptiles may be removed, captured or destroyed without a permit, by any person, in emergency situations involving an immediate threat to human life or private property.
F. Whoever commits unlawful taking of a native, free-ranging amphibian or reptile is guilty of a misdemeanor and shall be fined not less than fifty dollars ($50.00) per occurrence and not more than one thousand dollars ($1,000) per occurrence or be imprisoned for not more than one year or both.
G. As referred to in this section, "taking" means the act of seizing amphibians or reptiles for a commercial purpose.
History: 1978 Comp., § 17-2-4.1, enacted by Laws 2001, ch. 66, § 2.
Compiler's notes. — This section was originally enacted as 17-2-4.1 NMSA 1978, but was redesignated as 17-2-4.2 because Laws 1999, ch. 31, § 1, previously enacted a 17-2-4.1.
Structure New Mexico Statutes
Chapter 17 - Game and Fish and Outdoor Recreation
Article 2 - Hunting and Fishing Regulations
Section 17-2-1 - Commission powers.
Section 17-2-2 - Game to be protected.
Section 17-2-2.1 - Artificial wildlife.
Section 17-2-3 - Protected wildlife species and game fish defined.
Section 17-2-4.1 - Jaguar to be protected.
Section 17-2-5 - Adoption of regulations; effective date.
Section 17-2-6 - Game and fish management areas; closed lakes or streams; notice.
Section 17-2-7 - Unlawful hunting or fishing.
Section 17-2-7.2 - Landowner taking; conditions; department responsibilities.
Section 17-2-8 - Unlawful taking of big game and waste of game.
Section 17-2-9 - Jurisdiction of magistrate court.
Section 17-2-10 - Violation of game and fish laws or rules; penalties.
Section 17-2-10.2 - Game and fish penalty assessment; payment.
Section 17-2-10.3 - Game and fish penalty assessment; license revocation.
Section 17-2-10.4 - Game and fish penalty assessment revenue; disposition.
Section 17-2-11 - [Witness testifying for state; evidence not to be used against him.]
Section 17-2-12 - Refuges; firearms on; prohibited; exceptions.
Section 17-2-13 - Songbirds; trapping, killing or injuring prohibited.
Section 17-2-15 - [Horned toads; killing, selling or shipping from state unlawful.]
Section 17-2-17 - [Storage of game or fish.]
Section 17-2-18 - [Menu as evidence of possession of game or fish.]
Section 17-2-19 - Enforcement of game laws; powers of conservation officers.
Section 17-2-20.1 - Seizure and forfeiture; property subject.
Section 17-2-20.3 - Penalties.
Section 17-2-22 - Sale of evidence in cases of appeal.
Section 17-2-23 - [Reports of seizures and sales.]
Section 17-2-25 - [Game or fish in possession of passenger; carrier exempt from liability; seizure.]
Section 17-2-26 - Civil liability.
Section 17-2-27 - [District attorneys to prosecute and defend actions under fish and game laws.]
Section 17-2-28 - [Indians hunting off reservations; hunting on reservations; application of laws.]
Section 17-2-31 - Use of artificial light while hunting prohibited.