1. The following fees shall be fixed by the board for services rendered pursuant to the provisions of The Livestock Code:
2. A. an inspection or permit fee not to exceed one dollar ($1.00) per head to be charged for the importation or exportation of sheep and goats pursuant to Section 77-8-3 NMSA 1978 and a service charge in an amount not to exceed fifty dollars ($50.00) for each inspection request; provided that the board shall not increase the inspection fee more than four cents ($.04) in any one fiscal year;
3. B. a fee for recording a transfer of a brand pursuant to Section 77-2-7.1 NMSA 1978 in an amount not to exceed two hundred dollars ($200);
4. C. a fee for recording a brand or researching a brand pursuant to Section 77-2-7.4 NMSA 1978 in an amount not to exceed two hundred dollars ($200);
5. D. a fee for additional copies of certified copies of brands pursuant to Section 77-2-7.4 NMSA 1978 in an amount not to exceed twenty dollars ($20.00) per copy;
6. E. a fee for the recording of a holding brand pursuant to Section 77-2-7.9 NMSA 1978 in an amount not to exceed two hundred dollars ($200), which recording shall be valid for one year from the date of recording, and an additional fee in an amount not to exceed one hundred dollars ($100) for each annual renewal;
7. F. a fee for the re-recording of brands pursuant to Section 77-2-7.12 NMSA 1978 in an amount not to exceed two hundred dollars ($200);
8. G. a fee for the inspection of livestock pursuant to Section 77-9-38 or 77-10-4 NMSA 1978 in an amount not to exceed two dollars fifty cents ($2.50) per head and a service charge in an amount not to exceed fifty dollars ($50.00) for each inspection request; provided that the board may not increase the inspection fee more than ten cents ($.10) in any one fiscal year;
9. H. a fee for the inspection of hides pursuant to Section 77-9-54 NMSA 1978 in an amount not to exceed two dollars fifty cents ($2.50) per hide and a service charge in an amount not to exceed fifty dollars ($50.00) for each inspection request; provided that the board may not increase the inspection fee more than ten cents ($.10) in any one fiscal year;
10. I. a fee for the handling of the proceeds of the sale of an estray pursuant to Section 77-13-6 NMSA 1978 in an amount not to exceed seventy-five dollars ($75.00);
11. J. a fee for the impoundment of trespass livestock pursuant to Section 77-14-36 NMSA 1978 in an amount not to exceed fifty dollars ($50.00) per head per day and a reasonable charge for the moving of trespass livestock pursuant to Section 77-14-36 NMSA 1978 to be set by the board;
12. K. a fee for the licensing of a livestock auction market pursuant to Section 77-10-2 NMSA 1978 in an amount not to exceed one hundred dollars ($100);
13. L. a fee for issuing a transportation permit pursuant to Section 77-9-42 NMSA 1978 in an amount not to exceed one hundred dollars ($100);
14. M. a fee for the licensing of a cattle or sheep rest station pursuant to Section 77-9A-2 NMSA 1978 in an amount not to exceed one hundred dollars ($100);
15. N. a fee for issuing a certificate of brand exemption pursuant to Section 77-8-22 or 77-9-3 NMSA 1978 in an amount not to exceed two hundred dollars ($200); and
16. O. a fee for moving a head of livestock to or from a place for seasonal grazing in an amount equal to fifty percent of the fee for the inspection of livestock per head set by the board pursuant to Subsection G of this section and Section 77-9-38 NMSA 1978, rounded up to the nearest cent.
17. For the purposes of this subsection, "seasonal grazing" means the movement of livestock from one grazing location to another grazing location; provided, however, that both grazing locations are under the control of the same producer and the ownership of the livestock does not transfer upon the movement of the livestock.

History: 1978 Comp., § 77-2-28, enacted by Laws 1981, ch. 357, § 2; 1982, ch. 61, § 1; 1993, ch. 248, § 17; 1999, ch. 282, § 10; 2004, ch. 26, § 1; 2025, ch. 65, § 1.

ANNOTATIONS

Compiler’s notes. — Laws 1981, ch. 357, § 2, enacted this section as 77-2-28 NMSA 1978, but since Laws 1981, ch. 5, already enacted the present 77-2-28 NMSA 1978, this section was compiled as 77-2-29 NMSA 1978.

The 2025 amendment, effective July 1, 2025, increased fees for services related to livestock; in Subsection A, after the first occurrence of "not to exceed" changed "sixteen cents ($.16)" to "one dollar ($1.00)", and after the second occurrence of "not to exceed" changed "ten dollars ($10.00)" to "fifty dollars ($50.00)"; in Subsection B, after "not to exceed" changed "one hundred dollars ($100)" to "two hundred dollars ($200)"; in Subsection D, after "not to exceed" changed "ten dollars ($10.00)" to "twenty dollars ($20.00)"; in Subsection E, after "not to exceed" changed "one hundred dollars ($100)" to "two hundred dollars ($200)"; in Subsection F, after "not to exceed" changed "one hundred dollars ($100)" to "two hundred dollars ($200)"; in Subsection G, after the first occurrence of "not to exceed" changed "fifty cents ($.50)" to "two dollars fifty cents ($2.50)" and after the second occurrence of "not to exceed" changed "ten dollars ($10.00)" to "fifty dollars ($50.00)"; in Subsection H, after the first occurrence of "not to exceed" changed "fifty cents ($.50)" to "two dollars fifty cents ($2.50)", and after the second occurrence of "not to exceed" changed "ten dollars ($10.00)" to "fifty dollars ($50.00)"; in Subsection I, after "not to exceed" changed "ten dollars ($10.00)" to "seventy-five dollars ($75.00)"; in Subsection J, after "not to exceed" changed "ten dollars ($10.00)" to "fifty dollars ($50.00)"; in Subsection K, after "not to exceed" changed twenty-five dollars ($25.00)" to "one hundred dollars ($100)"; in Subsection L, after "not to exceed" changed fifty dollars ($50.00)" to "one hundred dollars ($100); in Subsection M, after "not to exceed" changed "twenty-five dollars ($25.00)" to "one hundred dollars ($100)"; in Subsection N, after "not to exceed" changed "one hundred dollars ($100)" to "two hundred dollars ($200)"; and added Subsection O.

The 2004 amendment, effective May 19, 2004, amended Subsections B, C, F and N to increase the fees from $50.00 to $100.00, Subsection D to increase the fee from $5.00 to $10.00 and Subsection F to change the statutory reference from 77-9-20 NMSA 1978 to 77-2-7.12 NMSA 1978.

The 1999 amendment, effective July 1, 1999, substituted "The Livestock Code" for "Chapter 77 NMSA 1978" in the introductory language; in Subsection A, substituted "importation or exportation of sheep and goats pursuant to Section 77-8-3 NMSA 1978 and a service charge in an amount not to exceed ten dollars ($10.00) for each inspection request" for "importation of sheep pursuant to Section 77-8-3 NMSA 1978" and deleted "starting at the fee of eight cents ($.08)" at the end; deleted former Subsection B, which read "an inspection fee not to exceed sixteen cents ($.16) per head to be charged for the exportation of sheep pursuant to Section 77-8-7 NMSA 1978; provided that the board shall not increase the fee more than four cents ($.04) in one any fiscal year starting at the fee of eight cents ($.08)", and redesignated subsequent subsections accordingly; inserted "or researching a brand" in Subsection C; inserted "or 77-10-4" and substituted "and a service charge in an amount not to exceed ten dollars ($10.00)" for "with a minimum charge of two dollars ($2.00)" in Subsections G and H; deleted former Subsection J, which read "a payment in lieu of fees on the receipt of livestock at a sales ring pursuant to Section 77-10-4 NMSA 1978 in an amount not to exceed fifty cents ($.50) per head for cattle, horses, mules or asses and not to exceed sixteen cents ($.16) per head for sheep and goats; provided that the board may not increase any payment in lieu of fees more than ten cents ($.10) in any one fiscal year for cattle, nor more than four cents ($.04) in any one fiscal year for sheep and goats"; substituted "ten dollars ($10.00) per head per day" for "twenty-five dollars ($25.00) per head" in Subsection J; and added Subsections K to N.

The 1993 amendment, effective June 18, 1993, deleted "New Mexico livestock" preceding "board" throughout the section; substituted "not to exceed fifty dollars ($50.00)" for "not to exceed thirty dollars ($30.00) until June 30, 1982 and not to exceed fifty dollars ($50.00) on and after July 1, 1982" in Subsections C, D and current G; deleted former Subsection F pertaining to the fee for filing a facsimile brand; redesignated former Subsections G to M as Subsections F to L; substituted the language beginning "amount set by the board" for "amount not to exceed five dollars fifty cents ($5.50) per head and a charge for the moving of trespass livestock or buffalo pursuant to Section 77-14-36 NMSA 1978 of nineteen cents ($.19) per mile" in Subsection L; and made minor stylistic changes.

The 1982 amendment substituted "four cents ($.04)" for "two cents ($.02)" in Subsections A, B and K, "ten cents ($.10)" for "five cents ($.05)" in Subsections I, J and K and "dollars" for "dollar" in Subsection I and made minor punctuation changes throughout the section.