A. It is unlawful for any person to take, attempt to take, possess, trap or ensnare or in any manner to injure, maim or destroy birds of the order Falconiformes, comprising all of the species and varieties of birds represented by the several families of vultures and hawks, and all of the order Stringiformes, comprising all of the species and varieties of owls. It is also unlawful to purchase, sell or trade, or to possess for the purpose of selling or trading, any parts of these birds.
B. The director of the department of game and fish may issue permits to allow any person to take, possess, trap, ensnare or destroy any bird protected by this section or to possess, give, purchase, sell or trade, or to possess for the purpose of selling or trading, any parts of any birds protected by this section. Permits shall be granted for the following purposes:
(1) Indian religious purposes;
(2) scientific purposes in accordance with law and the regulations of the department of game and fish; or
(3) falconry purposes in accordance with law and the regulations of the department.
C. Notwithstanding any other law, any person engaged in the commercial raising of poultry or game birds may take, capture or kill any hawk, owl or vulture that has killed such poultry or game birds. The owner of such game or poultry farm who takes action under this provision shall report this action to the department of game and fish, which shall verify the necessity of the action taken.
D. Any person violating the provisions of this section is guilty of a petty misdemeanor.
History: 1953 Comp., § 53-2-15.1, enacted by Laws 1973, ch. 104, § 1; 1979, ch. 340, § 4; 1992, ch. 29, § 2.
Repeals and reenactments. — Laws 1973, ch. 104, § 1, repealed former 53-2-15.1 relating to protection of hawks, vultures and owls, and enacted a new 17-2-14 NMSA 1978.
The 1992 amendment, effective April 1, 1992, in Subsection A, deleted the former last sentence, which read "The provisions of this subsection shall not apply to the genera of Aquila and Haliaeetus of the family Accipitridae"; in Subsection B, deleted "upon application and without charge to any person" preceding "for the following purposes" in the second sentence and "of game and fish" from the end of Paragraph (3); and made stylistic changes.
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