§ 17-11-4 — Exceptions

The provisions of the Wildlife Conservation and Public Safety Act do not apply to: A. the taking of wildlife with firearms, fishing equipment, archery equipment, falconry equipment or other implements in hand, when used as authorized by law; B. the taking or control of birds, fish or rodents not defined as furbearers in Section 17-5-2 NMSA 1978; C. a government entity acting in the course of its official duties to prevent or mitigate actual threats to human health and safety; D. ecosystem management conducted by the department, the United States fish and wildlife service or a conservancy district of the state or its employee, agent or representative acting in the course of its official duties; E. bona fide scientific research; F. depredation trapping conducted by the department or a designated agent of the department using non-lethal traps or non-lethal snares, but only when accompanied by visible signs at the location of each device notifying the public of the presence of such devices; G. the use of cage traps to recover or to provide veterinary care or husbandry to a domestic animal or feral animal as authorized by law, or to abate damages caused by any animal to property, crops or livestock; provided that: (1) once the damage has been abated, use of the cage trap shall cease; and (2) any captured animal is disposed of in accordance with rules established by the department or appropriate animal agency; or H. enrolled members of a federally recognized Indian nation, tribe or pueblo when trapping is conducted solely for religious or ceremonial purposes pursuant to rules issued by the department of game and fish in collaboration with the secretary of Indian affairs and consistent with federal procedures for recognition and protection of bona fide Indian nation, tribe or pueblo religious ceremonies.

Legislative History

1978 Comp., § 17-11-4, enacted by Laws 2021, ch. 25, § 4.