Section 17-6-5 – Prohibition against vehicle travel.
It is unlawful for any person to drive a vehicle cross-country on lands where such cross-country driving is prohibited by rule or regulation. Conservation officers may issue citations to and may arrest any person violating the provisions of this section. History: 1953 Comp., § 53-6-5, enacted by Laws 1973, ch. 242, § 5; 1975, ch. […]
Section 17-6-6 – Exceptions.
The restrictions, prohibitions or permitted uses established pursuant to the Habitat Protection Act do not apply to: A. public employees acting in the scope of their employment; B. valid licensees, permittees, lessees or their assignees or designees, of state agencies or public land management agencies, when traveling in the areas or for the specific purposes […]
Section 17-6-7 – Expenditure of funds; functions.
The commission may expend such funds as become available from the game protection fund, state or federal grants or other sources to carry out the provisions of the Habitat Protection Act including, but not limited to: A. investigations and surveys of actual or possible wildlife habitat damage by vehicles and the study of areas to […]
Section 17-6-8 – Limitation of liability on landowners.
No person or corporation, or their successors in interest, who has granted a right-of-way or easement across his land to the commission for use under the Habitat Protection Act shall be liable to any user of the land for injuries suffered on said right-of-way or easement unless the injuries are caused by the willful or […]
Section 17-6-9 – Enforcement.
All peace officers of the state, counties and municipalities and other duly authorized state authorities shall enforce the provisions of the Habitat Protection Act. History: 1953 Comp., § 53-6-9, enacted by Laws 1973, ch. 242, § 9.
Section 17-6-10 – Commissioner of public lands exempt.
Nothing contained in the Habitat Protection Act shall alter, change, restrict or diminish the rights, powers and duties of the commissioner of public lands in the administration, management, care and control of state trust lands as provided for by the Enabling Act and other applicable state statutes. History: 1953 Comp., § 53-6-10, enacted by Laws […]
Section 17-6-11 – Violations; penalty.
Any person who violates any provision of the Habitat Protection Act or any rule or regulation adopted pursuant thereto is guilty of a misdemeanor. History: 1953 Comp., § 53-6-11, enacted by Laws 1973, ch. 242, § 11.
Section 17-6-1 – Short title.
This act [17-6-1 to 17-6-11 NMSA 1978] may be cited as the “Habitat Protection Act”. History: 1953 Comp., § 53-6-1, enacted by Laws 1973, ch. 242, § 1.
Section 17-6-2 – Definitions.
As used in the Habitat Protection Act: A. “commission” means the state game commission; B. “cross-country” means travel over the countryside other than by road; C. “vehicle” means any motor-powered mechanical device used for conveyance; and D. “road” means any maintained or unmaintained right-of-way that has been utilized by the public and includes roads, streets, […]
Section 17-6-3 – Restrictions on motor vehicle use; recommendations; rules and regulations.
A. When the commission determines that the operation of vehicles within a certain area is or may be damaging to wildlife reproduction, wildlife management or the wildlife habitat of the area, the department, with the concurrence of the private land owner or the land management agency involved, after proper notice, shall hold public meetings in […]