A. It is a misdemeanor for any person, except children who have not reached their twelfth birthday, to take or attempt to take any game fish from any public stream or water in this state without carrying a proper fishing license as provided by law. The presence of any person, except children who have not reached their twelfth birthday, along any public stream or water in this state with fishing rod, hook or line, without carrying a proper fishing license, is prima facie evidence of the violation of this section. The director of the department of game and fish or any conservation officer may require any person along any public stream or water in this state with fishing rod, hook or line to exhibit the person's license. B. The director, with the approval of the state game commission, may designate no more than two nonconsecutive two-day weekends in each year as free fishing days. During the free fishing days, residents and nonresidents may exercise the privileges of holders of proper fishing licenses without having proper fishing licenses and without payment of any license fees, subject to all limitations, restrictions, conditions, laws, rules and regulations applicable to holders of proper fishing licenses. C. The director may designate, by special permit, fishing events during which the requirement for a fishing license or permit pursuant to Chapter 17 NMSA 1978 is waived exclusively for designated event participants. During the special permitted events, residents and nonresidents may exercise only the privileges as allowed by the director. The director's special permit shall substitute for the requirement of any license or permit pursuant to Chapter 17 NMSA 1978, and no payment of any license fee is required. The director's special permit shall be for a period of no longer than three days, and all other laws and rules shall apply. History: 1953 Comp., § 53-3-9, enacted by Laws 1964 (1st S.S.), ch. 17, § 8; 1973, ch. 268, § 3; 1979, ch. 340, § 8; 1991, ch. 96, § 1; 2013, ch. 29, § 1; 2023, ch. 147, § 1. The 2023 amendment, effective June 16, 2023, increased the number of free fishing days designated by the state game commission from two nonconsecutive Saturdays to two nonconsecutive two-day weekends; and in Subsection B, after "two nonconsecutive", deleted "Saturdays" and added "two-day weekends". The 2013 amendment, effective June 14, 2013, provided for special fishing event permits; and added Subsection C. The 1991 amendment, effective July 1, 1991, substituted "Exceptions" for "Exception" in the catchline; redesignated the formerly undesignated provision as Subsection A and inserted "of the department of game and fish" following "director" in the final sentence thereof and added Subsection B. This section applies to non-Indians on Indian lands. 1973 Op. Att'y Gen. No. 73-18. Application is 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. Requirement of possession of license is mandatory. — Neither the state game commission, the state game warden (now director) nor any other person may waive the provision that persons over 14 (now 11) years of age must have fishing license in their possession when fishing since the statutory requirement is mandatory. 1947 Op. Att'y Gen. No. 47-5017.
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