Any person desiring to procure a license for the purpose of engaging in the business of selling minnows and nongame fish for bait or taking minnows and nongame fish from the streams of this state for the purpose of sale to others shall apply to the state game commission for a license. The application shall be upon forms provided by the commission and shall set forth the public streams or waters out of which the applicant intends to take the minnows and nongame fish and the place at which they are to be sold. The application shall be accompanied by a just and reasonable fee as determined by regulation of the state game commission. Upon receipt of the application, it shall be the duty of the state game commission or, when it is not in session, the director of the department of game and fish to pass upon the application and to issue a license authorizing the taking and the manner of taking of the minnows and nongame fish by the applicant from those waters in the state as in the opinion of the state game commission or director will not be detrimental to the public or injurious to protected fish. The license when so issued shall specify the manner of taking and the waters from which the applicant is permitted to take minnows and nongame fish for sale for bait.
History: Laws 1939, ch. 27, § 2; 1941 Comp., § 43-314; 1953 Comp., § 53-3-20; Laws 1955, ch. 55, § 1; 1992, ch. 29, § 4.
The 1992 amendment, effective April 1, 1992, added the present section catchline; in the text, substituted the present third sentence for the former third and fourth sentences, relating to a fee of $20 and a bond of $1,000, in the present fourth sentence, deleted "and bond" following "the application" and inserted "of the department of game and fish"; and made stylistic changes.
This license fee is a regulatory measure rather than a revenue gathering device. 1965 Op. Att'y Gen. No. 65-18.
County or municipal licenses are not precluded. — The licensing of bait sellers, under this section, is not a preemption of the field so as to preclude licensing by the county or a municipality of the same business enterprise. 1959 Op. Att'y Gen. No. 59-32.
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.