It is unlawful for any person, except children under the age of twelve years, to take from the streams or public waters of this state minnows and nongame fish for the purpose of sale to fishermen or others for bait without having first procured from the state game commission a license therefor as provided in Sections 17-3-26 through 17-3-28 NMSA 1978.

History: Laws 1939, ch. 27, § 1; 1941 Comp., § 43-313; 1953 Comp., § 53-3-19; Laws 1955, ch. 60, § 1; 1979, ch. 340, § 9.

License and bond are required of sellers or takers of bait fish. — This section would seem to point to the conclusion that only those who take minnows and nongame fish from public waters are required to be licensed. However, the first sentence of 17-3-27 NMSA 1978 is phrased in the disjunctive, and the application of that statute is to those engaged in the business of selling minnows and nongame fish or to those who take the minnows and nongame fish from the streams of the state. Thus, not only those who take minnows from the streams are to be licensed and bonded, but also those who otherwise engage in the business of selling them irrespective of where they were originally secured. And if one taking minnows or other nongame fish from private waters sells them, it would appear that he is engaging in a business for which a license and bond are required. 1957 Op. Att'y Gen. No. 57-150.

Including those employed on commission basis. — Whereas this section and 17-3-27 NMSA 1978 do not apply to persons hired on salary basis for nongame fishing on behalf of a licensee, persons employed by a licensee on a "split the profit" or commission basis are required to be licensed. 1947 Op. Att'y Gen. No. 47-5119.