New Mexico § 17-2-4.2 - Amphibians and reptiles; protected; permits; unlawful taking; misdemeanor; penalties

§ 17-2-4.2. Amphibians and reptiles; protected; permits; unlawful taking; misdemeanor; penalties

A. All species, except for those collected in rattlesnake roundups, for fish bait

or for lizard races, of native, free-ranging amphibians and reptiles are hereby classified

as protected nongame animals for commercial taking purposes. The commercial taking or capturing of native, free-ranging amphibians and reptiles

is prohibited except by a permit issued by the state game commission. B. The state game commission shall adopt rules necessary to administer Paragraph (14)

of Subsection A of Section 17-1-14 NMSA 1978 and this section to assure that viable populations of native, free-ranging amphibians

and reptiles are maintained in the state. C. If the state game commission determines that it will offer permits to take or capture

native, free-ranging amphibians or reptiles, the commission shall adopt a rule listing

protected native, free-ranging amphibians and reptiles that may be taken or captured

after taking into consideration any criteria that can be shown to have an effect from

commercial takings on the viability of the species population in the state. D. Unlawful taking of a native, free-ranging amphibian or reptile consists of intentionally

taking or capturing, for commercial purposes, a regulated native, free-ranging amphibian

or reptile without a valid permit from the state game commission. E. Amphibians and reptiles may be removed, captured or destroyed without a permit,

by any person, in emergency situations involving an immediate threat to human life

or private property. F. Whoever commits unlawful taking of a native, free-ranging amphibian or reptile

is guilty of a misdemeanor and shall be fined not less than fifty dollars ($50.00)

per occurrence and not more than one thousand dollars ($1,000) per occurrence or be

imprisoned for not more than one year or both. G. As referred to in this section, “ taking ” means the act of seizing amphibians or reptiles for a commercial purpose.