NMSA 1978 ch. 77, art. 18 — General Animal Regulations | New Mexico Statutes Annotated 1978 (through the 2026 session) — New Mexico

NMSA 1978, § 77-18-1 Sale, purchase, trade and possession of certain animals regulated

77-18-1. Sale, purchase, trade and possession of certain animals regulated The sale, purchase, trade and possession with intent to keep as a pet of any subhuman primate, skunk, raccoon, fox or other sylvatic carnivore may be regulated by regulation of the health and environment department [department of health] for the protection of public health and safety. Laws 1979, ch. 194, § 6.

NMSA 1978, § 77-18-2 Seizure and disposition of cruelly treated livestock

77-18-2. Seizure and disposition of cruelly treated livestock A. If a livestock inspector or other peace officer has reason to believe that livestock are being cruelly treated, the inspector or peace officer may apply to a court in the county where the livestock are located for a warrant to seize the allegedly cruelly treated livestock. B. On a showing of probable cause to believe that the livestock are being cruelly treated, the court shall issue a warrant for the seizure of the livestock and set the matter for hearing as expeditiously as possible within thirty days unless good cause for a later time is demonstrated by the state. Seizure as authorized by this section shall be restricted to only those livestock allegedly being cruelly treated. The board by rule shall establish procedures for preserving evidence of alleged cruel treatment of livestock. C. If criminal charges are filed against the owner, the court shall, upon proper petition, proceed to determine if security is required to be posted pursuant to Section 30-18-1.2 NMSA 1978. Otherwise, the judge or magistrate executing the warrant shall notify the board, have the livestock impounded and give written notice to the owner of the livestock of the time and place of a hearing to determine disposition of the livestock. All interested parties, including the district attorney, shall be given an opportunity to present evidence at the hearing. D. For livestock that is not an equine: (1) if the court finds that the owner has cruelly treated the livestock, the court shall order the sale of the livestock at fair market value or order humane destruction; provided that if the livestock are ordered sold, the sale shall occur within ten days of the order; and further provided that if the court does not find that the owner has cruelly treated the livestock, the court shall order the livestock returned to the owner; (2) if the court orders the sale of the livestock, the board shall take proper action to ensure that the livestock are sold at fair market value, including acceptance of reasonable bids or sale at auction; provided that a bid by the owner of the livestock or the owner's representative shall not be accepted; and (3) proceeds from the sale of the livestock shall be forwarded to the court ordering the sale; provided that from these proceeds, the court shall pay all expenses incurred in caring for the livestock while they were impounded and any expenses involved in their sale; and further provided that any excess proceeds of the sale shall be forwarded to the former owner; and further provided that if the expenses incurred in caring for and selling the livestock exceed the amount received from the sale, the court shall order the former owner to pay the additional cost. E. For livestock that is an equine: (1) if the court finds that the owner has cruelly treated the equine, the court shall give a registered equine rescue or retirement facility the right of first refusal to purchase the equine for an ownership transfer fee equal to all actual costs incurred by the impounding agency in caring for the equine while the equine was impounded; provided that: (a) the board shall provide a bill of sale to the registered equine rescue or retirement facility that purchases the equine; and (b) the bill of sale shall be legal evidence of the ownership of the equine by the registered equine rescue or retirement facility and shall be legal title to the equine; (2) if the court finds that the owner has cruelly treated the equine and a registered equine rescue or retirement facility has been given the right of first refusal but the registered equine rescue or retirement facility is unable or unwilling to purchase the equine: (a) the board shall auction the equine through a sealed-bid process administered by the board and established by rule; (b) any proceeds from the sale less expenses incurred in caring for the equine while the equine was impounded shall be forwarded to the former owner; (c) if the expenses incurred in caring for the equine exceed the proceeds from the sale, the court shall order the former owner to pay the additional costs; and (d) if the equine is not purchased through the sealed-bid process, the board may pursue an alternative placement for care with a last resort option to humanely euthanize the equine by a licensed veterinarian; and (3) if the court does not find that the owner cruelly treated the equine, the court shall order the equine returned to the owner. Laws 1987, ch. 151, § 1; 1999, ch. 282, § 102; 2009, ch. 43, § 3; 2023, ch. 45, § 11.

NMSA 1978, § 77-18-3 Prohibited means of disposal or destruction

77-18-3. Prohibited means of disposal or destruction No animal shall be destroyed by means of a high altitude decompression chamber or decompression device. Laws 1989, ch. 175, § 1.

NMSA 1978, § 77-18-4 Penalty

77-18-4. Penalty Any person who violates Section 1 [77-18-3 NMSA 1978] of this act is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for a definite term of less than one year or both. Laws 1989, ch. 175, § 2.

NMSA 1978, § 77-18-5 Wild horses; conformation, history and deoxyribonucleic acid testing; Spanish colonial horses; birth control

77-18-5. Wild horses; conformation, history and deoxyribonucleic acid testing; Spanish colonial horses; birth control A. As used in this section: (1) "public land" does not include federal land controlled by the bureau of land management, the forest service or state trust land controlled by the state land office; (2) "range" means the amount of land necessary to sustain a herd of wild horses, which does not exceed its known territorial limits; (3) "Spanish colonial horse" means a wild horse that is descended from horses of the Spanish colonial period; and (4) "wild horse" means an unclaimed horse on public land that is not an estray. B. A wild horse that is captured on public land shall have its conformation, history and deoxyribonucleic acid tested to determine if it is a Spanish colonial horse. If it is a Spanish colonial horse, the wild horse shall be relocated to a state or private wild horse preserve created and maintained for the purpose of protecting Spanish colonial horses. If it is not a Spanish colonial horse, it shall be returned to the public land, relocated to a public or private wild horse preserve or put up for adoption by the agency on whose land the wild horse was captured. C. If the mammal division of the museum of southwestern biology at the university of New Mexico determines that a wild horse herd exceeds the number of horses that is necessary for preserving the genetic stock of the herd and for preserving and maintaining the range, it may cause control of the wild horse population through the use of birth control and may cause excess horses to be: (1) humanely captured and relocated to other public land or to a public or private wild horse preserve; (2) adopted by a qualified person for private maintenance; or (3) euthanized; provided that this option applies only to wild horses that are determined by a veterinarian to be crippled or otherwise unhealthy. Laws 2007, ch. 216, § 1.

NMSA 1978, § 77-18-6 Feral hogs; prohibition; penalty

77-18-6. Feral hogs; prohibition; penalty A. The purpose of this section is to ensure the public health, safety and welfare and to prevent the introduction or spread of disease to New Mexico's livestock and wildlife. B. No person shall import into the state, transport within the state, hold for breeding, release or sell a live feral hog or operate a commercial feral hog hunting enterprise. C. Any person who violates this section is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for a definite term of less than one year or both. D. As used in this section, "feral hog" means a pig that exists in an untamed state from domestication. Laws 2009, ch. 257, § 1 and Laws 2009, ch. 264, § 1.