A. It is a misdemeanor for any person, except children who have not reached their twelfth birthday, to take or attempt to take any game fish from any public stream or water in this state without carrying a proper fishing license as provided by law. The presence of any person, except children who have not reached their twelfth birthday, along any public stream or water in this state with fishing rod, hook or line, without carrying a proper fishing license, is prima facie evidence of the violation of this section. The director of the department of game and fish or any conservation officer may require any person along any public stream or water in this state with fishing rod, hook or line to exhibit the person's license.
B. The director, with the approval of the state game commission, may designate no more than two nonconsecutive Saturdays in each year as free fishing days. During the free fishing days, residents and nonresidents may exercise the privileges of holders of proper fishing licenses without having proper fishing licenses and without payment of any license fees, subject to all limitations, restrictions, conditions, laws, rules and regulations applicable to holders of proper fishing licenses.
C. The director may designate, by special permit, fishing events during which the requirement for a fishing license or permit pursuant to Chapter 17 NMSA 1978 is waived exclusively for designated event participants. During the special permitted events, residents and nonresidents may exercise only the privileges as allowed by the director. The director's special permit shall substitute for the requirement of any license or permit pursuant to Chapter 17 NMSA 1978, and no payment of any license fee is required. The director's special permit shall be for a period of no longer than three days, and all other laws and rules shall apply.
History: 1953 Comp., § 53-3-9, enacted by Laws 1964 (1st S.S.), ch. 17, § 8; 1973, ch. 268, § 3; 1979, ch. 340, § 8; 1991, ch. 96, § 1; 2013, ch. 29, § 1.
Repeals and reenactments. — Laws 1964 (1st S.S.), ch. 17, § 8, repealed former 53-3-9, 1953 Comp., relating to administration of provisions for nonresident temporary fishing licenses, and enacted a new 17-3-16 NMSA 1978.
The 2013 amendment, effective June 14, 2013, provided for special fishing event permits; and added Subsection C.
The 1991 amendment, effective July 1, 1991, substituted "Exceptions" for "Exception" in the catchline; redesignated the formerly undesignated provision as Subsection A and inserted "of the department of game and fish" following "director" in the final sentence thereof and added Subsection B.
This section applies to non-Indians on Indian lands. 1973 Op. Att'y Gen. No. 73-18.
Application is constitutional. — This section is constitutional if, in application, Indian lands are brought into its scope via non-Indian action. 1973 Op. Att'y Gen. No. 73-18.
Requirement of possession of license is mandatory. — Neither the state game commission, the state game warden (now director) nor any other person may waive the provision that persons over 14 (now 11) years of age must have fishing license in their possession when fishing since the statutory requirement is mandatory. 1947 Op. Att'y Gen. No. 47-5017.
Structure New Mexico Statutes
Chapter 17 - Game and Fish and Outdoor Recreation
Article 3 - Licenses and Permits
Section 17-3-1 - Current license required.
Section 17-3-2 - Classes of licenses.
Section 17-3-5 - Application for hunting or fishing licenses; contents; filing.
Section 17-3-8 - Loss of application blanks by license collector; accounting.
Section 17-3-9 - Application blanks lost by license collector to be void.
Section 17-3-10 - Presumption of loss [sale]
Section 17-3-11 - Possession of license declared void is unlawful.
Section 17-3-12 - Accounting for licenses.
Section 17-3-13 - License fees.
Section 17-3-13.1 - Disabled veteran; license fee exemption; lifetime license.
Section 17-3-13.3 - Big game depredation damage stamp required; disposition of receipts.
Section 17-3-13.4 - Big game depredation damage fund; creation; expenditure.
Section 17-3-13.6 - Disabled military members and veterans; fishing license fee exemption.
Section 17-3-14.1 - Landowner permits for elk.
Section 17-3-14.2 - Landowner permits; management of certain big game species.
Section 17-3-15 - Additional deer license.
Section 17-3-16 - Funds; special drawings for licenses.
Section 17-3-16.1 - Bighorn sheep enhancement permits; issuance; use.
Section 17-3-16.2 - Elk enhancement permit; issuance; use.
Section 17-3-16.3 - Lieutenant governor's deer enhancement permits; issuance; use.
Section 17-3-16.4 - Gould's turkey enhancement permits; issuance; use.
Section 17-3-16.5 - Hunting and fishing authorizations; governor's special events.
Section 17-3-16.6 - Enhancement authorization packages; habitat enhancement.
Section 17-3-17 - Fishing without license; exceptions.
Section 17-3-19 - Special license; minors fishing on scout property.
Section 17-3-20 - Fee disposition.
Section 17-3-21 - [Season and bag limits applicable to minors holding special license.]
Section 17-3-22 - [Administration of 17-3-19 to 17-3-22.]
Section 17-3-24 - [Supervision of fishing at boys' school.]
Section 17-3-26 - Taking minnows and nongame fish to sell as bait; license required; exception.
Section 17-3-27 - Bait license; bond; fee; issuance.
Section 17-3-30 - [Sending game animals, birds and fish to officers of other states.]
Section 17-3-31 - [Permit to capture or destroy protected game damaging crops or property; beavers.]
Section 17-3-32 - Importing game animals; permits.