The department of game and fish may restrict hunting and trapping of rabbits in any area when notified by the department of public health [department of health] that rabbits in the area are infected with bubonic plague. Any restriction under this section shall be terminated when the department of public health [department of health] notifies the department of game and fish that danger, of public health significance, no longer exists in the area with respect to these diseased rabbits.
History: 1953 Comp., § 53-2-45, enacted by Laws 1963, ch. 150, § 1.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1968, ch. 37, § 3, transferred the functions of the department of public health to the department of health and social services.
Section is not void for uncertainty. State v. Barber, 1978-NMCA-059, 91 N.M. 764, 581 P.2d 27.
Absence of criminal intent element does not violate due process. — Given the public interest concerned and the difficulties involved in the protection of big game animals and livestock, together with the apparent general public attitude, it appears that the legislature intended to eliminate the element of criminal intent so that it is the doing of the act alone which is prohibited, and this does not violate due process. State v. Barber, 1978-NMCA-059, 91 N.M. 764, 581 P.2d 27.
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