The possession of game or fish at any time unaccompanied by a proper and valid license, game tag, certificate or permit or invoice, as provided in Chapter 17 NMSA 1978, shall be prima facie evidence that such game or fish was unlawfully taken and is unlawfully held in possession, and it shall be the duty of every person having possession or control of game or fish to produce the proper license, game tag, certificate, permit or invoice when one is required by Chapter 17 NMSA 1978 on demand of any officer, and to permit the same to be copied by such officer. Violation of any provision of this section is a misdemeanor and is punishable as provided by Section 17-2-10 NMSA 1978.
History: Laws 1912, ch. 85, § 14; Code 1915, § 2437; C.S. 1929, § 57-222; 1941 Comp., § 43-321; 1953 Comp., § 53-3-27; 1979, ch. 340, § 10.
Cross references. — For invoice upon sale from licensed lake or park, see 17-4-16 to 17-4-20 NMSA 1978.
Documentation required. — Since a tag is not the only form of documentation recognized by game and fish laws, and since a tag, even when required, need not be directly affixed to game animal parts stored or displayed within a home, a reasonable officer with a working knowledge of game and fish laws would not have assumed that the game animal parts visible within defendant's home were "unaccompanied" by proper documentation merely because they were untagged. State v. Moran, 2008-NMCA-160, 145 N.M. 297, 197 P.3d 1079.
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.