N.M. Stat. Ann. § 17-2-1
The state game commission [state wildlife commission], in addition to the powers now vested in it and not as a limitation of those powers, is expressly authorized and empowered by regulation adopted and promulgated in the manner provided in Chapter 17 NMSA 1978 to:
History: Laws 1931, ch. 117, § 3; 1941 Comp., § 43-201; 1953 Comp., § 53-2-1; Laws 1983, ch. 224, § 1; 2005, ch. 332, § 1; 2019, ch. 99, § 1.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 2025, ch. 9, § 11 provided that references in law to the department of game and fish shall be deemed to be references to the department of wildlife.
Laws 2025, ch. 9, § 11 provided that references in law to the state game commission shall be deemed to be references to the state wildlife commission.
Cross references. — For establishing open season for fur-bearing animals, see 17-5-3 NMSA 1978.
The 2019 amendment, effective June 14, 2019, authorized the state game commission to prescribe rules that embody the principles of fair chase; and added a new Subsection G and redesignated former Subsection G as Subsection H.
The 2005 amendment, effective June 17, 2005, adds Subsection G to provide that the commission is authorized to appoint advisory committees for wildlife management projects using revenue derived from the sale of public land management stamps, that the advisory committees shall be created pursuant to Section 9-1-9 NMSA 1978, and that the restrictions on the life of committees in Section 9-1-9F NMSA 1978 shall not be applicable.
Indian reservations. — Where an Indian tribe working with the federal government exercises its authority to develop and manage the reservation's resources for the benefit of its members and the exercise of concurrent jurisdiction by the state would nullify the tribe's authority to regulate the use of its resources by tribal members and non-members, and would interfere with the comprehensive tribal regulatory scheme and threaten congress' commitment to tribal self-sufficiency and economic development, and in the absence of state interests which would justify assertion of concurrent authority, the application of the state's hunting and fishing laws to the reservation are preempted. Mescalero Apache Tribe v. State of New Mexico, 677 Fed.2d 55 (10th Cir. 1982), aff'd, 462 U.S. 324, 103 S.Ct. 2378, 76 L. Ed. 2d 611 (1983).
Return of game or proceeds after wrongful confiscation. — Where the department of game and fish [department of wildlife] confiscated an elk from a person charged with a hunting misdemeanor, and the magistrate court dismissed the case because the game officer failed to identify the defendant at the hearing as the person charged, the department was not required to return the elk, or the proceeds from the sale of the elk, to that person. 1988 Op. Att'y Gen. No. 88-43.
Commission's authority to fix open season on game animals is constitutional. — Authority given to the state game commission [state wildlife commission] to promulgate rules and regulations is not an unconstitutional delegation of legislative power; the rule fixing an open season on hunting bear is validated by the statute defining bears as game animals. State ex rel. Sofeico v. Heffernan, 1936-NMSC-069, 41 N.M. 219, 67 P.2d 240.
Power to define game animals is unconstitutional. — Laws 1931, ch. 117, is a proper exercise of the police power of the state. It is not an unconstitutional delegation of legislative power, except as to Subdivision A of this section. State ex rel. Sofeico v. Heffernan, 1936-NMSC-069, 41 N.M. 219, 67 P.2d 240.
Carrying firearms before hunting season opens may be prohibited. — Powers granted to state game commission i[state wildlife commission] nclude 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. 48-5135.
Authority over wild horses. — Although the Wildlife Conservation Act defines the term "wildlife" as any nondomestic animal, wild horses on the White Sands Missile Range do not fall within the classification. Because the authority of the State Game Commission [state wildlife commission] is limited by statute, the Game Commission lacks jurisdiction over these wild horses. 1994 Op. Att'y Gen. No. 94-06.
Law reviews. — For student article, "Preventing the Extinction of Candidate Species: The Lesser Prairie-Chicken in New Mexico", see 49 Nat. Resources J. 525 (2009).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 35 Am. Jur. 2d Fish and Game § 31.
Power of game or fish commission to open or close season, 34 A.L.R. 832.
Applicability, to domesticated or captive game, of game laws relating to closed season and the like, 74 A.L.R.2d 974.
36A C.J.S. Fish §§ 26, 37; 38 C.J.S. Game §§ 45, 46, 50.