N.M. Stat. Ann. § 17-1-26
History: Laws 1931, ch. 117, § 2; 1941 Comp., § 43-111; Laws 1947, ch. 53, § 1; 1953 Comp., § 53-1-11; 1978 Comp., § 17-1-26, 2025, ch. 9, § 4.
Cross references. — For penalty for violating game and fish regulations, see 17-2-10 NMSA 1978.
For promulgation of hunter training program rules and regulations, see 17-2-34 NMSA 1978.
For regulations concerning endangered species, see 17-2-41 to 17-2-43 NMSA 1978.
For shooting preserve regulations, see 17-3-36 NMSA 1978.
For regulations concerning nonpredatory fur-bearing animals, see 17-5-3 and 17-5-4 NMSA 1978.
For regulations under Habitat Protection Act, see 17-6-3 NMSA 1978.
For regulations as to shooting ranges, see 17-7-3 NMSA 1978.
The 2025 amendment, effective July 1, 2026, removed references to the state game commission, made certain changes in the language to reflect the renaming of the state game commission to the state wildlife commission, and revised the scope of the wildlife commission's rulemaking power; added new subsection designations "A" through "C"; in Subsection A, deleted "state game" preceding "commission" and after "purposes of" deleted "this act, and all other acts relating to game and fish, and in making such rules and regulations and in providing when" and added "Chapter 17 NMSA 1978"; in Subsection B, after the subsection designation, added "The rules may include, as applicable, when, where, by what means and", after "if at all" deleted "and by what means game animals, birds and fish" and added "wildlife", after "possessed" added "released, bartered", after "shipped" added "and imported into or exported from"; in Subsection C, after "commission" deleted the remainder of the paragraph and added "may consider a species' population size and trends, migration patterns, availability of suitable habitat, response to changes in climate conditions, conservation actions necessary to sustain healthy populations and ecosystems, sustainable food supply and any other factors, natural or human-driven, that are judged to affect the health of a species or a species' ecosystem".
Temporary provisions. — Laws 2025, ch. 9, § 11, effective July 1, 2026, provided that:
A. The department of game and fish is renamed as the "department of wildlife".
B. The state game commission is renamed as the "state wildlife commission".
C. On July 1, 2026, all:
(1) functions, personnel, money, appropriations, records, furniture, equipment, supplies and other personal and real property of the department of game and fish are transferred to the department of wildlife;
(2) agreements and contractual obligations of the department of game and fish are binding on the department of wildlife;
(3) references in law to the department of game and fish shall be deemed to be references to the department of wildlife;
(4) functions, personnel, money, appropriations, records, furniture, equipment, supplies and other personal and real property of the state game commission are transferred to the state wildlife commission;
(5) agreements and contractual obligations of the state game commission are binding on the state wildlife commission; and
(6) references in law to the state game commission shall be deemed to be references to the state wildlife commission.
D. On July 1, 2026, statutory references in Chapter 17 NMSA 1978 to:
(1) the "department of game and fish" or "department" shall be construed to be references to the department of wildlife;
(2) the "state game commission" or "commission" shall be construed to be references to the state wildlife commission; and
(3) the "director", "warden", "state warden", "state game warden" or "state game and fish warden" shall be construed to be references to the director of the department of wildlife.
E. Rules of the department of game and fish shall be rules of the department of wildlife until amended or repealed.
F. Rules of the state game commission shall be rules of the state wildlife commission until amended or repealed.
G. On July 1, 2026, or as soon thereafter as practicably possible, the department of wildlife shall update the department's name and logo; provided that existing supplies, forms, insignias, signs and logos may continue to be used until exhausted or unserviceable.
Constitutionality. — Laws 1931, ch. 117, is a proper exercise of police power of state and is not an unconstitutional delegation of legislative power, except as to § 3(a), compiled as 17-2-1A NMSA 1978, authorizing the commission to define game birds, animals and fish. State ex rel. Sofeico v. Heffernan, 1936-NMSC-069, 41 N.M. 219, 67 P.2d 240.
Commission may prohibit carrying of firearms before open hunting season. — Powers granted to state game commission [state wildlife commission] include authority to prohibit the carrying of firearms in hunting areas for specified period of time before opening of the big game season. 1948 Op. Att'y Gen. No. 48-5135.
Commission may make it unlawful to apply for elk licenses in succeeding years. — A state game commission [state wildlife commission] regulation providing in part that it shall be unlawful for anyone to apply for a public elk license for a "P" area, or a general bull elk license, if he held a similar elk license the previous year, is within the commission's broad power to ". . . make such rules and regulations . . . as it may deem necessary to carry out all the provisions and purposes of this act," and there is no constitutional objection to the imposition of the burden of ascertaining whether an application had been made the previous year on the public. 1975 Op. Att'y Gen. No. 75-38.
Deputy game wardens may enter on private lands without warrants in the interest of game protection. 1947 Op. Att'y Gen. No. 47-4974.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 35 Am. Jur. 2d Fish and Game § 31.
36A C.J.S. Fish §§ 26, 37; 38 C.J.S. Game §§ 45, 46, 50.