It is unlawful for any person, except children under the age of twelve years, to take from the streams or public waters of this state minnows and nongame fish for the purpose of sale to fishermen or others for bait without having first procured from the state game commission a license therefor as provided in Sections 17-3-26 through 17-3-28 NMSA 1978.
History: Laws 1939, ch. 27, § 1; 1941 Comp., § 43-313; 1953 Comp., § 53-3-19; Laws 1955, ch. 60, § 1; 1979, ch. 340, § 9.
License and bond are required of sellers or takers of bait fish. — This section would seem to point to the conclusion that only those who take minnows and nongame fish from public waters are required to be licensed. However, the first sentence of 17-3-27 NMSA 1978 is phrased in the disjunctive, and the application of that statute is to those engaged in the business of selling minnows and nongame fish or to those who take the minnows and nongame fish from the streams of the state. Thus, not only those who take minnows from the streams are to be licensed and bonded, but also those who otherwise engage in the business of selling them irrespective of where they were originally secured. And if one taking minnows or other nongame fish from private waters sells them, it would appear that he is engaging in a business for which a license and bond are required. 1957 Op. Att'y Gen. No. 57-150.
Including those employed on commission basis. — Whereas this section and 17-3-27 NMSA 1978 do not apply to persons hired on salary basis for nongame fishing on behalf of a licensee, persons employed by a licensee on a "split the profit" or commission basis are required to be licensed. 1947 Op. Att'y Gen. No. 47-5119.
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.