Except as in this division otherwise provided, all game and fish, with the natural increase thereof, held or confined in any private preserve, park or lake, licensed under the provisions of this act shall, during the existence of the license or any renewal thereof, be deemed the property of the licensee of the same to the extent that he may lawfully retain, pursue, capture, kill, use, sell or dispose of the game or fish therein in any quantity, in any manner and at any time of the year, and the pursuit, capture, wounding or killing of any game or fish in any licensed preserve, park or lake, public or private, without the consent of the proprietor, shall be unlawful; provided, that the aggregate number of game animals or fish in any licensed private preserve, park or lake, which contained game or fish belonging to the state at the time or date of the issuing of such license, shall not be lessened by the killing, use, sale or disposition thereof, it being the purpose of this provision to restrict such killing, use, sale and disposition to a number not exceeding in the aggregate the natural increase. If by reason of controlling necessity or for the purpose of stocking or replenishing some other park or lake, any proprietor of a licensed preserve, park or lake may desire to lessen the aggregate number above provided for, the state game and fish warden [director of the department of game and fish] may, on being satisfied of the property [propriety] thereof, grant a permit therefor.

History: Laws 1912, ch. 85, § 66; Code 1915, § 2489; Laws 1915, ch. 101, § 18; C.S. 1929, § 57-308; 1941 Comp., § 43-413; 1953 Comp., § 53-4-13.

Compiler's notes. — The words "this division" refer to "Division A" of Laws 1912, ch. 85. See compiler's notes to 17-4-10 NMSA 1978.

The words "this act" first appeared in the 1915 amendment and Laws 1915, ch. 101, the presently effective provisions of which are compiled as 17-2-13, 17-2-19, 17-4-15 and 17-4-26 NMSA 1978.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1955, ch. 59, § 2 transferred the duties of the state game warden. See 17-1-6 NMSA 1978.

Cross references. — For posting private property against hunting and fishing, see 17-4-6 NMSA 1978.