Except as in this division otherwise provided, all game and fish, with the natural increase thereof, held or confined in any private preserve, park or lake, licensed under the provisions of this act shall, during the existence of the license or any renewal thereof, be deemed the property of the licensee of the same to the extent that he may lawfully retain, pursue, capture, kill, use, sell or dispose of the game or fish therein in any quantity, in any manner and at any time of the year, and the pursuit, capture, wounding or killing of any game or fish in any licensed preserve, park or lake, public or private, without the consent of the proprietor, shall be unlawful; provided, that the aggregate number of game animals or fish in any licensed private preserve, park or lake, which contained game or fish belonging to the state at the time or date of the issuing of such license, shall not be lessened by the killing, use, sale or disposition thereof, it being the purpose of this provision to restrict such killing, use, sale and disposition to a number not exceeding in the aggregate the natural increase. If by reason of controlling necessity or for the purpose of stocking or replenishing some other park or lake, any proprietor of a licensed preserve, park or lake may desire to lessen the aggregate number above provided for, the state game and fish warden [director of the department of game and fish] may, on being satisfied of the property [propriety] thereof, grant a permit therefor.
History: Laws 1912, ch. 85, § 66; Code 1915, § 2489; Laws 1915, ch. 101, § 18; C.S. 1929, § 57-308; 1941 Comp., § 43-413; 1953 Comp., § 53-4-13.
Compiler's notes. — The words "this division" refer to "Division A" of Laws 1912, ch. 85. See compiler's notes to 17-4-10 NMSA 1978.
The words "this act" first appeared in the 1915 amendment and Laws 1915, ch. 101, the presently effective provisions of which are compiled as 17-2-13, 17-2-19, 17-4-15 and 17-4-26 NMSA 1978.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1955, ch. 59, § 2 transferred the duties of the state game warden. See 17-1-6 NMSA 1978.
Cross references. — For posting private property against hunting and fishing, see 17-4-6 NMSA 1978.
Structure New Mexico Statutes
Chapter 17 - Game and Fish and Outdoor Recreation
Article 4 - Propagation of Fish and Game
Section 17-4-1 - [Power of state game commission to acquire land.]
Section 17-4-2 - Eminent domain power; abandonment or relinquishment of property acquired.
Section 17-4-3 - [Exchange, sale, lease, sublease and assignment of lands by commission; proceeds.]
Section 17-4-5 - [Fish hatcheries established by United States; exemption from state laws.]
Section 17-4-6 - Hunting and fishing on private property; posting; penalty.
Section 17-4-8 - [Parks or waters for propagation of game or fish; license required.]
Section 17-4-10 - [Transportation of game or fish taken from unlicensed parks or waters prohibited.]
Section 17-4-11 - [Licensing of private lakes and parks; "proprietor" defined.]
Section 17-4-12 - [Application for license; contents; maximum area; fencing.]
Section 17-4-13 - [Form of license.]
Section 17-4-14 - [Reduction in flow of water detrimental to fish in stream prohibited.]
Section 17-4-16 - [Invoice to be delivered to purchaser; form; duplicate mailed to director.]
Section 17-4-17 - [Invoice to be attached during shipment.]
Section 17-4-19 - [Copy of invoice to be furnished purchaser upon resale.]
Section 17-4-21 - [Proprietors of licensed private parks and lakes to furnish reports to director.]
Section 17-4-22 - [Channels connecting private lakes under one license; use of screens.]
Section 17-4-23 - [Lease or grant of private park or lake; lessee or grantee deemed proprietor.]
Section 17-4-24 - [Series of lakes may be included in one license.]
Section 17-4-25 - [Diverse proprietorship; joint or separate licenses.]
Section 17-4-26 - [Notices against trespassing to be posted.]
Section 17-4-27 - [Transfer of license required upon transfer of interest.]
Section 17-4-28 - Parks, lakes and preserves; license; fees.
Section 17-4-29 - Floating logs in fish stream; restocking; penalty.
Section 17-4-30 - [Federal aid.]
Section 17-4-31 - [Federal funds; disbursement.]
Section 17-4-32 - Destruction of boundary markers[; penalty].
Section 17-4-34 - Habitat management stamp; fund; expenditure for habitat management; exception.