N.M. Stat. » Chapter 17 — Game and Fish and Outdoor Recreation
New Mexico Statutes

N.M. Stat. § 17-2-3 (2026)

Protected wildlife species and game fish defined

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A. The following mammals are game mammals:

(1) all of the family Tayassuidae (javelina);

(2) within the family Bovidae:

(a) all of the genus Bison (American bison) except where raised in captivity for domestic or commercial meat production;

(b) all of the genus Capra (ibex) except for the domestic species of goats;

(c) all of the genus Ovis (bighorn sheep) except for the domestic species of sheep; (d) all of the genus Ammotragus (aoudad);

(e) all of the genus Tragelaphus (kudu); and

(f) all of the genus Oryx (oryx);

(3) all of the family Antilocapridae (American pronghorn);

(4) all of the family Cervidae (elk and deer);

(5) all of the family Ochotonidae (pikas);

(6) all of the genus Sciurus (squirrels);

(7) all of the genus Tamiasciurus (red squirrels);

(8) all of the genus Marmota (marmots) of the family Sciuridae;

(9) all of the family Ursidae (bear); and

(10) all of the species concolor (cougar) of the genus Felis and family Felidae.

B. The following birds are game birds:

(1) all of the family Anatidae (waterfowl);

(2) all of the family Tetraonidae (grouse and ptarmigans);

(3) all of the family Phasianidae (quail, partridges and pheasants);

(4) all of the family Meleagridae (wild turkeys) except for the domestic strains of turkeys;

(5) all of the family Perdicidae (francolins);

(6) all of the family Gruidae (cranes);

(7) all of the family Rallidae (rails, coots and gallinules);

(8) all of the family Charadriidae (plovers, turnstones and surfbirds);

(9) all of the family Scolopacidae (shorebirds, snipe, sandpipers and curlews);

(10) all of the family Recurvirostridae (avocets and stilts);

(11) all of the family Phalaropodidae (phalaropes); and (12) all of the family Columbidae (wild pigeons and doves) except for the domestic strains of pigeons.

C. The following fish are game fish:

(1) all of the family Salmonidae (trout);

(2) all of the family Esocidae (pike);

(3) all of the family Ictaluridae (catfish);

(4) all introduced species of the family Serranidae (sea bass and white bass);

(5) all of the family Centrarchidae (sunfish, crappie and bass);

(6) all of the family Percidae (walleye pike and perch);

(7) all introduced species of the family Pomadasyidae (sargo);

(8) all introduced species of the family Sciaenidae (corvina, bairdiella and redfish);

(9) all of the genus Oreochromis (tilapia); and

(10) all of the family Moronidae (striped bass, hybrid striped bass, white bass and others).

History: 1953 Comp., § 53-2-3, enacted by Laws 1967, ch. 8, § 1; 1971, ch. 75, § 1; 2015, ch. 26, § 1.

ANNOTATIONS

Repeals and reenactments. — Laws 1967, ch. 8, § 1, repealed former 53-2-3, 1953 Comp., defining game animals, game birds and game fish and enacted a new 53-2-3 NMSA 1978.

Cross references. — For protection of fur-bearing animals, see 17-5-1 and 17-5-2 NMSA 1978.

The 2015 amendment, effective June 19, 2015, added tilapia and bass to the definition of "game fish"; in Subsection C, Paragraph (7), after the semicolon, deleted "and", and added new Paragraphs (9) and (10).

Wild elk. — Defendant could be convicted only under the game and fish laws, and not under Section 30-18-6 NMSA 1978, for transporting heads of free-roaming, wild elk, since wild elk were among protected species of family Cervidae. State v Parson, 2005- NMCA-083, 137 N.M. 773, 115 P.3d 236.

Authority over wild horses. — Although the Wildlife Conservation Act defines the term "wildlife" as any nondomestic animal, wild horses on the White Sands Missile Range do not fall within the classification. Because the authority of the State Game Commission is limited by statute, the Game Commission lacks jurisdiction over these wild horses. 1994 Op. Att'y Gen. No. 94-06.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2004–2026 · leading case: Jicarilla Apache Nation v. Rodarte, 2004-NMSC-035, 103 P.3d 554.
Sort: Relevance Newest Treatment
Jicarilla Apache Nation v. Rodarte, 2004-NMSC-035, 103 P.3d 554. · cites it 4× “For example, the Food Donors Liability Act contains a provision allowing hunters to donate wild game meat products.”
Wild Horse Observers Ass'n v. N.M. Livestock Bd, 2016-NMCA-001. · cites it 2× “See NMSA 1978, § 17-2-3 (1967, amended 2015) (defining “game mammals” to include American bison “except where raised in captivity for domestic or commercial meat production[,]” bighorn sheep “except for the domestic species of sheep[,]” deer and elk, and “game birds” to include…”
State v. Parson, 2005-NMCA-083, 115 P.3d 236. · cites it 6× “{23} As indicated earlier in this opinion, Section 17-2-3, which covers protected wildlife species, specifically defines “game mammals” to include “all of the family Cervidae (elk and deer).”
Wild Horse Observers Ass'n v. New Mexico Livestock Bd., 2016-NMCA-001, 9 N.M. 150. · cites it 2× “See NMSA 1978, § 17-2-3 (1967, amended 2015) (defining “game mammals” to include American bison “except where raised in captivity for domestic or commercial meat production[,]” bighorn sheep “except for the domestic species ofsheep[,]” deer and elk, and “game birds” to include…”
Kiehne v. N.M. Dep't of Game & Fish (N.M. Ct. App. 2026). · cites it 2× “”2 Because the private lands have features that will attract the elk, Plaintiffs 15 argue that Defendants’ management of the elk caused “deliberate” and “foreseeable” 2 Plaintiffs also highlight that the elk belong to a “non-native [elk] herd.”
N.M. Stat. § 17-2-3(A)(4): 3 cases
Jicarilla Apache Nation v. Rodarte, 2004-NMSC-035, 103 P.3d 554. “For example, the Food Donors Liability Act contains a provision allowing hunters to donate wild game meat products.”
State v. Parson, 2005-NMCA-083, 115 P.3d 236. “{23} As indicated earlier in this opinion, Section 17-2-3, which covers protected wildlife species, specifically defines “game mammals” to include “all of the family Cervidae (elk and deer).”
Kiehne v. N.M. Dep't of Game & Fish (N.M. Ct. App. 2026). “”2 Because the private lands have features that will attract the elk, Plaintiffs 15 argue that Defendants’ management of the elk caused “deliberate” and “foreseeable” 2 Plaintiffs also highlight that the elk belong to a “non-native [elk] herd.”
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