A. The director of the department of game and fish shall keep a record of all money received and licenses and permits issued by the department, numbering each class separately. Upon satisfactory proof that a license or permit has been lost before its expiration, the director may issue a duplicate and collect a just and reasonable fee for it as determined by regulation of the state game commission.

B. The director of the department of game and fish shall collect the following fees for each license of the class indicated:

Resident, fishing $25.00

Resident, game hunting 15.00

Resident, deer 31.00

Resident, junior-senior, deer 19.00

Resident, senior, handicapped, game hunting and fishing 20.00

Resident, fishing and game hunting combination 30.00

Resident, junior, fishing and game hunting combination 15.00

Resident, disabled veteran, fishing and game hunting combination 10.00

Resident, antelope 50.00

Resident, elk cow 50.00

Resident, elk bull or either sex 80.00

Resident, junior-senior, elk 48.00

Resident, bighorn sheep, ram 150.00

Resident, bighorn sheep, ewe 75.00

Resident, Barbary sheep 100.00

Resident, bear 44.00

Resident, turkey 25.00

Resident, cougar 40.00

Resident, oryx 150.00

Resident, ibex 100.00

Resident, javelina 55.00

Resident, fur dealer 15.00

Resident, trapper 20.00

Resident, junior trapper 9.00

Nonresident, fishing 56.00

Nonresident, junior fishing 15.00

Nonresident, junior, game hunting 15.00

Nonresident, game hunting 65.00

Nonresident, deer 260.00

Nonresident, quality deer 345.00

Nonresident, bear 250.00

Nonresident, cougar 280.00

Nonresident, turkey 100.00

Nonresident, antelope 260.00

Nonresident, elk cow 315.00

Nonresident, elk bull or either sex 525.00

Nonresident, quality elk 750.00

Nonresident, bighorn sheep 3,150.00

Nonresident, Barbary sheep 350.00

Nonresident, oryx 1,600.00

Nonresident, ibex 1,600.00

Nonresident, javelina 155.00

Nonresident, fur dealer 125.00

Nonresident, trapper 345.00

Nonresident, nongame 65.00

Resident, senior, handicapped, fishing 8.00

Resident, junior fishing 5.00

Temporary fishing, one day 12.00

Temporary fishing, five days 24.00

Resident, senior, handicapped, game hunting 15.00

Resident, junior, game hunting 10.00

Temporary game hunting, four days 33.00

Second rod validation 4.00.

History: 1953 Comp., § 53-3-6, enacted by Laws 1964 (1st S.S.), ch. 17, § 5; 1965, ch. 32, § 1; 1966, ch. 17, § 1; 1967, ch. 2, § 1; 1969, ch. 28, § 3; 1971, ch. 75, § 5; 1973, ch. 268, § 2; 1977, ch. 180, § 3; 1979, ch. 286, § 2; 1980, ch. 17, § 1; 1983, ch. 117, § 2; 1992, ch. 28, § 2; 1993, ch. 189, § 2; 1995, ch. 87, § 2; 1996, ch. 87, § 1; 1998, ch. 51, § 2; 2003, ch. 195, § 2; 2005, ch. 74, § 2; 2007, ch. 8, § 2; 2009, ch. 230, § 2; 2010, ch. 45, § 2; 2011, ch. 25, § 2; 2011, ch. 186, § 4; 2015, ch. 148, § 2.

Repeals and reenactments. — Laws 1964 (1st S.S.), ch. 17, § 5, repealed former 53-3-6, 1953 Comp., relating to license fees and prohibiting fishing without a license, and enacted a new 17-3-13.1 NMSA 1978.

Cross references. — For depositing money received in game protection fund, see 17-1-14, 17-3-7, 17-3-20 and 17-5-7 NMSA 1978.

For placing portion of certain license fees in game and fish bond retirement fund, see 17-1-22 NMSA 1978.

For fee for additional deer license fee, see 17-3-15 NMSA 1978.

For fee for special Boy Scout fishing license, see 17-3-19 and 17-3-20 NMSA 1978.

For license fee for taking and selling minnows and nongame fish for bait, see 17-3-27 NMSA 1978.

For license fee for special nonresident bird licenses for regulated shooting preserves, see 17-3-39 NMSA 1978.

The 2015 amendment, effective April 1, 2016, removed from the list of license fees, certain licenses for military members; in Subsection B, after the first occurrence of "Resident, senior, handicapped,", deleted "military", after the second occurrence of "Resident, junior fishing", deleted "Temporary active-duty fishing, five days . . . . . 12.00", and after "Resident, junior, game hunting", deleted "Temporary active-duty game, four days . . . . . . 16.00".

The 2011 amendment, effective April 1, 2012, eliminated the distinction between small game hunting and general hunting licenses; lowered resident game hunting, deer and combined game hunting and fishing license fees; and increased nonresident game hunting license fees.

The 2010 amendment, effective May 19, 2010, in Subsection B, changed the license class "Resident, senior, handicapped" to the license class "Resident, senior, handicapped, military".

The 2009 amendment, effective July 1, 2009, in Subsection B, added the "Resident, disabled veteran, fishing and small game combination" license fee of $10.00.

The 2007 amendment, effective April 1, 2008, in Subsection B provided fees for the resident, junior-senior deer license; the resident, fishing and small game combination license; and the resident, junior-senior, fishing and small game combination license.

The 2005 amendment, effective April 1, 2006, increases fees for all classes of fishing and hunting licenses.

The 2003 amendment, effective July 1, 2003 for trout water anglers and April 1, 2004 for warm water anglers, added the last entry of the table in Subsection B.

The 1998 amendment, effective July 1, 1998, added a fee for a temporary small game license at the end of the section.

The 1996 amendment, effective April 1, 1997, in Subsection B, changed the general hunting and fishing fee from $23.00 to $20.00; changed the resident elk cow fee from $45.00 to $37.00; changed the resident elk bull or either sex fee from $75.00 to $60.00; changed the nonresident bison fee from $200.00 to $1,000.00; and changed the resident junior-senior handicapped fishing fee from $10.50 to $5.00.

Fee structure, although discriminatory, not offensive. — The present fee structure in this section, which discriminates against nonresidents, is not offensive to either the privileges and immunities clause, U.S. Const., art. IV, § 2, or the U.S. Const., amend. XIV. Terk v. Gordon, No. 74-387-M (D.N.M., filed Aug. 25, 1977), aff'd, 436 U.S. 850, 98 S. Ct. 3063, 56 L. Ed. 2d 751 (1978).

1964 act was not retroactive. — Laws 1964 (1st S.S.), ch. 17, which enacted or amended certain statutes dealing with hunting and fishing licenses, was not retroactive in operation, since it operated prospectively from May 25, 1964. 1964 Op. Att'y Gen. No. 64-91.

Increasing fees is not impermissibly discriminatory. — Where an act of the legislature increases hunting or fishing license fees as of a certain date, any discrimination between persons on the basis of when they purchase a license is permissible, rational and unavoidable. 1964 Op. Att'y Gen. No. 64-91.

There is no discrimination in an act which increases hunting or fishing license fees as of a certain effective date except that which may result from an individual's own action or inaction. 1964 Op. Att'y Gen. No. 64-91.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 35 Am. Jur. 2d Fish and Game § 45.