Any written regulation of the state game commission adopted by an affirmative vote of a majority of the members of the state game commission, signed by the chairman and attested by the secretary of the commission, filed in the office of the director of the department of game and fish, and filed in accordance with Section 4-10-13 New Mexico Statutes Annotated, 1953 Compilation, is duly adopted and promulgated and effective immediately. A copy of any regulation certified by the director of the department of game and fish to be a true copy of an adopted regulation is prima facie evidence in any court in this state of the adoption and promulgation of the regulation.
History: Laws 1931, ch. 117, § 4; 1941 Comp., § 43-205; 1953 Comp., § 53-2-5; Laws 1961, ch. 106, § 1.
Cross references. — For hearings on objections to rules and regulations, see 17-1-27 NMSA 1978.
Compiler's notes. — Section 4-10-13, 1953 Comp., cited in this section was repealed by Laws 1967, ch. 275, § 13. See Chapter 14, Article 4 NMSA 1978.
Authority to promulgate orders is constitutional. — Authority given to the game commission to promulgate orders is not an unconstitutional delegation of legislative power. State ex rel. Sofeico v. Heffernan, 1936-NMSC-069, 41 N.M. 219, 67 P.2d 240.
Proper promulgation of rules presumed. — In habeas corpus proceeding to discharge one convicted of violating regulations of state game commission, the court assumes that the regulations have been properly promulgated. State ex rel. Sofeico v. Heffernan, 1936-NMSC-069, 41 N.M. 219, 67 P.2d 240.
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.