A. As used with reference to licenses in Chapter 17 NMSA 1978:

(1) "fishing" entitles the licensee to fish for game fish during the open seasons for each species;

(2) "game hunting" entitles the licensee to hunt game birds, other than wild turkey, and squirrel during the open seasons for each and to apply for or purchase a license to hunt for deer, antelope, elk, bighorn sheep, Barbary sheep, javelina, bear, oryx, ibex, cougar and wild turkey;

(3) "deer" entitles the licensee to hunt deer during the open season;

(4) "antelope" entitles the licensee to hunt antelope during the open season;

(5) "elk" entitles the licensee to hunt elk during the open season;

(6) "bighorn sheep" entitles the licensee to hunt bighorn sheep during the open season;

(7) "Barbary sheep" entitles the licensee to hunt Barbary sheep during the open season;

(8) "javelina" entitles the licensee to hunt javelina during the open season;

(9) "bear" entitles the licensee to hunt bear during the open season;

(10) "nongame" entitles the licensee to hunt or take any animal or bird not protected by law;

(11) "temporary fishing" entitles the licensee to fish for game fish during a specific period of time indicated on the license;

(12) "oryx" entitles the licensee to hunt oryx during the open season;

(13) "ibex" entitles the licensee to hunt ibex during the open season;

(14) "cougar" entitles the licensee to hunt cougar during the open season;

(15) "turkey" entitles the licensee to hunt turkey during the open season;

(16) "special season turkey" entitles the licensee to hunt turkey during special seasons designated by the state game commission;

(17) "quality elk" entitles the licensee to hunt elk during a special quality elk season, to be established by the state game commission, when the timing of the season and hunter density is specially regulated and the elk population is managed with an intent to provide the licensee an increased opportunity to take a mature elk;

(18) "quality deer" entitles the licensee to hunt deer during a special quality deer season, to be established by the state game commission, when the timing of the season and hunter density is specially regulated and the deer population is managed with an intent to provide the licensee an increased opportunity to take a mature deer;

(19) "temporary game hunting" entitles the licensee to hunt game birds, except wild turkey, and squirrel during a specific period of time indicated on the license;

(20) "second rod" entitles the licensee to fish using two fishing rods to fish for game fish during the open seasons for each species; and

(21) "fishing and game hunting combination" entitles the licensee to hunt squirrel and game birds, other than wild turkey, and to fish for game fish during the open season for each.

B. A hunting license does not entitle the licensee to hunt, kill or take game animals or birds within or upon a park or enclosure licensed or posted as provided by law or within or upon a privately owned enclosure without consent of the owner or within or upon a game refuge or game management area.

C. A fishing license does not entitle the licensee to fish for or take fish within or upon a park or enclosure licensed or posted as provided by law or within or upon a privately owned enclosure without consent of the owner or in or on closed waters.

D. A junior fishing license may be purchased by a resident who has reached the age of twelve years but has not reached the age of eighteen years. A junior fishing license entitles the licensee to fish for game fish during the open season for each species.

E. A senior fishing license may be purchased by a resident who has reached the age of sixty-five years. A senior fishing license entitles the licensee to fish for game fish during the open season for each species.

F. A nonresident junior fishing license may be purchased by a nonresident who has reached the age of twelve years but has not reached the age of eighteen years. A nonresident junior fishing license entitles the licensee to fish for game fish during the open season for each species.

G. A senior game hunting license may be purchased by a resident who has reached the age of sixty-five years. A senior game hunting license entitles the licensee to hunt for squirrel and game birds, other than wild turkey, during the open seasons for each species and to apply for or purchase a license to hunt for deer, antelope, elk, bighorn sheep, Barbary sheep, javelina, bear, oryx, ibex, cougar and wild turkey.

H. A junior, resident or nonresident, game hunting license may be purchased by a person who has not reached the age of eighteen years. A junior game hunting license entitles the licensee to hunt for squirrel and game birds, other than wild turkey, during the open seasons for each species and to apply for or purchase a license to hunt for deer, antelope, elk, bighorn sheep, Barbary sheep, javelina, bear, oryx, ibex, cougar and wild turkey.

I. A handicapped fishing license may be purchased by a resident who has a severe physical impairment that substantially limits one or more major life activities and who can furnish adequate proof of this disability to the state game commission. A handicapped fishing license may be purchased by a resident who has a developmental disability as defined in Subsection H of Section 43-1-3 NMSA 1978 and who can furnish adequate proof of this disability to the state game commission. A handicapped fishing license entitles the licensee to fish for game fish during the open season for each species.

J. A handicapped game hunting license may be purchased by a resident who has a severe physical impairment that substantially limits one or more major life activities and who can furnish adequate proof of this disability to the state game commission. A handicapped game hunting license entitles the licensee to hunt for squirrel and game birds, other than wild turkey, during the open season for each species and to apply for or purchase a license to hunt for deer, antelope, elk, bighorn sheep, Barbary sheep, javelina, bear, oryx, ibex, cougar and wild turkey.

K. A fishing license may be obtained at no cost by a resident who has reached the age of seventy years.

L. A second rod validation may be purchased by either a resident or nonresident. A second rod validation entitles the licensee to fish using two rods for game fish during the open season for each species.

M. A junior-senior elk license may be purchased by a resident who has not reached the age of eighteen years or by a resident who has reached the age of sixty-five years. A junior-senior elk license entitles the licensee to hunt for elk during the open season for that species.

N. A junior-senior deer license may be purchased by a resident who is younger than eighteen years or older than sixty-five years. A junior-senior deer license entitles the licensee to hunt for deer during the open season for that species.

O. A junior or senior fishing and game hunting combination license may be purchased by a resident who is younger than eighteen years or older than sixty-five years. A junior or senior fishing and game hunting combination license entitles the licensee to fish for game fish or hunt for squirrel and game birds, other than wild turkey, during the open seasons for each species and to apply for or purchase a license to hunt for deer, antelope, elk, bighorn sheep, Barbary sheep, javelina, bear, oryx, ibex, cougar and wild turkey.

P. Except for a resident, disabled veteran, fishing and game hunting combination license issued pursuant to Section 17-3-13 NMSA 1978, a New Mexico resident who is a veteran of the United States military or who is active duty military is eligible for a fifty percent discount on any license, permit or stamp purchase upon valid proof of service as determined by the state game commission.

History: 1953 Comp., § 53-3-1.1, enacted by Laws 1964 (1st S.S.), ch. 17, § 2; 1969, ch. 28, § 2; 1971, ch. 75, § 4; 1973, ch. 268, § 1; 1977, ch. 180, § 1; 1979, ch. 286, § 1; 1983, ch. 117, § 1; 1989, ch. 129, § 1; 1992, ch. 28, § 1; 1993, ch. 189, § 1; 1995, ch. 87, § 1; 1998, ch. 51, § 1; 2003, ch. 195, § 1; 2005, ch. 74, § 1; 2007, ch. 8, § 1; 2009, ch. 230, § 1; 2010, ch. 45, § 1; 2011, ch. 25, § 1; 2011, ch. 186, § 2; 2015, ch. 148, § 1.

Repeals. — Laws 2015, ch. 148, § 3 repealed Laws 2011, ch. 25, § 1, effective April 1, 2016.

Cross references. — For power of state game commission to establish open and closed seasons, see 17-2-1 NMSA 1978.

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

For hunting and fishing in licensed private parks or lakes, see 17-4-15 NMSA 1978.

The 2015 amendment, effective April 1, 2016, removed certain game and fish licenses for residents who are disabled veterans and military members, enacted a new provision entitling veterans and active duty military residents to purchase any license under this section at a fifty percent discount, and provided for an exception; deleted Subsection P, relating to a disabled veteran fishing and game hunting combination license; deleted Subsection Q, relating to a military game hunting and fishing license; and added a new Subsection P.

The 2011 amendment, effective April 1, 2012, eliminated the distinction between small game hunting and general hunting licenses and permitted game hunting licensees to apply for and purchase a license to hunt specified mammal species.

The 2010 amendment, effective May 19, 2010, added Subsection Q.

The 2009 amendment, effective July 1, 2009, added Subsection P.

The 2007 amendment, effective April 1, 2008, added Paragraph (23) of Subsection A to define the fishing and small game combination license; added Subsection N to provide for a junior-senior deer license; and added Subsection O to provide for a junior-senior fishing and small game combination license.

The 2005 amendment, effective April 1, 2006, eliminates the bison and gazelle classes of licenses in Subsection A, creates for a junior fishing license for persons between the ages of twelve and eighteen in Subsection D, creates a senior fishing license for residents who are 65 years of age or older in Subsection E, creates a junior general hunting license for residents who have are not 18 years of age in Subsection H and creates a junior-senior elk license for residents under 18 years of age and 65 years of age or older.

The 2003 amendment, effective on July 1, 2003 for trout water anglers and April 1, 2004 for warm water anglers, added Paragraph A(24); substituted "A" for "No" and "does not entitle" for "entitles" preceding "the licensee to" in Subsections B and C; added Subsection J; and substituted "a" for "any" throughout the section.

The 1998 amendment, effective July 1, 1998, added Paragraph A(23); deleted Subsection F and redesignated the remaining subsections accordingly; and deleted the proviso at the end of Subsection G.

Access to public waters. — A private landowner cannot prevent persons from fishing in a public stream that flows across the landowner's property, provided the public stream is accessible without trespass across privately owned adjacent lands. 2014 Op. Att'y Gen. 14-04.

This section applies to non-Indians on Indian lands. 1973 Op. Att'y Gen. No. 73-18. See 17-2-28 NMSA 1978 and notes thereto.

Applicability to Indians constitutional. — This section is constitutional if, in application, Indian lands are brought into its scope via non-Indian action. 1973 Op. Att'y Gen. No. 73-18.