Statutes, codes, and regulations
New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFEChapter 31 - HUNTING AND FISHING
Part 10 - HUNTING AND FISHING - MANNER AND METHOD OF TAKING
Section 19.31.10.14 - FISHING

N.M. Admin. Code § 19.31.10.14

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Current through Register Vol. 35, No. 18, September 24, 2024
Section 19.31.10.14 - FISHING
A.Angling: Game fish may be taken by angling in all waters that are open for fishing.
B.Season and hours: It is unlawful to fish in any water during a closed season or to fish in any water outside of the legal fishing hours as prescribed in 19.31.4 NMAC.
C.Closed waters: It is unlawful to fish in any water closed by state game commission rule.
D.Ice fishing: It is unlawful to take fish from or through the ice on the following waters: Santa Cruz lake, Bonito lake, and Springer lake. Ice fishing is legal on all other waters unless otherwise prohibited.
E.Hatchery waters: It is unlawful to take or attempt to take fish from the waters of any fish hatchery or rearing ponds owned or operated by state or federal agencies. Exception: During open season, angling shall be permitted in the Glenwood pond at the Glenwood state fish hatchery, Red River hatchery pond at the Red River state fish hatchery, Brood pond at Seven Springs state fish hatchery, Laguna del Campo at Los Ojos state fish hatchery, and settling ponds at Rock Lake state fish hatchery. Additionally, the director may expressly authorize other limited fishing at the state's fish hatcheries based on management needs.
F.Trotlines: Game fish may be taken by use of trotlines in any water except those listed below, however:
(1) It is unlawful for any person to set more than one trotline at a time.
(2) It is unlawful to tie or join together trotlines belonging to two or more persons.
(3) It is unlawful for any trotline to have more than 25 angling hooks.
(4) It is unlawful for a person who has set or maintained a trotline to not personally visit and inspect it at least once every calendar day and remove or release all game fish which are caught.
(5) It is unlawful for anyone to check, pull up or otherwise tamper with another's trotline.
(6) It is unlawful for anyone to set, check or maintain a trotline which is not tagged or marked as follows:
(a) A person fishing with a trotline shall attach to it an identification tag that is visible above the water line. The identification tag shall bear the angler's department issued customer identification number (CIN).
(b) An unlicensed angler 11 years of age and younger shall list their department issued customer identification number (CIN) or their name and date of birth.
(7) It is unlawful to set or use a trotline in any public water with the following exceptions:

Drainage:

Rivers:

Lakes:

Rio Grande drainage

Rio Grande mainstem from its confluence with the Chama river downstream to New Mexico/Texas state line and Chama river mainstem from the northern boundary of the Monastery of Christ in the Desert downstream to Abiquiu lake

Abiquiu lake, Cochiti lake, Elephant Butte lake, and Caballo lake

Pecos river drainage

Pecos river mainstem downstream of I-25 (excluding Villanueva state park) to the New Mexico/Texas state line and all tributaries within Chavez, De Baca, Eddy, Guadalupe, and San Miguel (downstream of I-25) counties

Santa Rosa lake, Sumner lake, lake Avalon, Brantley lake, Six Mile lake, Ten Mile reservoir, and Red Bluff reservoir

Canadian river drainage

Canadian river mainstem and all tributaries downstream and east of I-25 to the New Mexico/Texas state line

Stubblefield lake, Laguna Madre, Maxwell lake 14, Springer lake, Conchas lake, and Ute lake

San Juan river drainage

San Juan river mainstem from U.S. 64 bridge at Blanco downstream to the Navajo Nation boundary at the Hogback canal diversion

Navajo lake

Gila river and San Francisco river drainage

Gila river mainstem from its confluence with the east fork downstream to the New Mexico/Arizona state line and San Francisco river mainstem from U.S. 180 bridge at Alma downstream to the New Mexico/Arizona state line

None

Statewide

As described above

Class A lakes and lakes, ponds, and ranch tanks not fed by public waters and not open to public fishing

(8) Any officer authorized to enforce Chapter 17 NMSA 1978 and state game commission rules may seize and destroy any trotlines not set or checked in accordance with this subsection.
G.Spearfishing and bow fishing:
(1) Game fish may be taken by spearfishing and bow fishing only in lakes and reservoirs open to fishing. It is unlawful to spearfish or bow fish in any special trout water as designated in 19.31.4 NMAC or in any river or stream.
(2) It is unlawful to take any largemouth bass by spearfishing or bow fishing in the following waters: Bill Evans lake, Clayton lake, and lake Roberts.
H.Noodling or hand fishing: It is unlawful to catch any game fish by hand without the use of angling equipment.
I.Use of nets: It is unlawful to use cast nets, dip nets, seines or gill nets to capture and retain any protected species of fish from any water unless specifically allowed by permit or state game commission rule. Dip nets may be used to assist in landing fish taken by legal angling methods.
J.Illegal device or substance: It is unlawful to use any device or substance capable of catching, stupefying or killing fish except as permitted by state game commission rule.
K.Bait:
(1) It is unlawful to use protected game fish or the parts thereof as live or dead bait, except the genus Lepomis (sunfish), taken by legal means may be used as live or dead bait in the water from which they were taken, and the roe, viscera and eyes of any legally taken game fish may be used.
(2) It is unlawful to use bullfrogs or bullfrog tadpoles as bait, or to possess any live bullfrogs or live bullfrog tadpoles while fishing.
L.Use of bait fish: It is unlawful to use or possess any baitfish while angling except as follows:
(1) The following baitfish species can be used live or dead unless otherwise prohibited:

Water:

Approved bait fish species:

Rio Grande drainage

Fathead minnow, red shiner and shad

Elephant Butte and Caballo reservoirs

Fathead minnow, red shiner, shad and golden shiner

Pecos river drainage except for Bitter lake national wildlife refuge and Bottomless lakes state park

Fathead minnow red shiner, and shad

Canadian river drainage

Fathead minnow, red shiner, white sucker and shad

San Juan river drainage

Fathead minnow and red shiner

Gila river and San Francisco river drainages

Fathead minnow

(2) The following bait fish species can only be used as dead bait unless otherwise prohibited:

Water:

Approved dead baitfish species:

Statewide

Common carp

Heron reservoir

White sucker

(3) Commercially packaged and processed species of fish which are dead or products thereof are not considered bait fish and are legal in all regular waters.
M.Methods for taking bait fish for personal use: Licensed anglers and children 11 years of age and younger may take bait fish for personal use only in waters containing game fish by angling, nets, traps, spears, arrows and seines. All protected species of fish taken in seines, nets and traps shall be immediately returned to the water.
N.Illegal taking of bait fish:
(1) It is unlawful for any person, except children 11 years of age and younger, to take bait fish from any water without having a valid fishing license.
(2) It is unlawful for any person to take bait fish from any water for commercial use without a permit issued from the department.
(3) It is unlawful for licensed minnow dealers to violate any of the provisions of their license or permit.
O.Permits for taking bait fish: The director may issue permits for the use of nets, seines, traps or cast nets in taking bait fish in waters containing protected species of fish. The permit shall specify methods of taking, places for taking and duration of the permit. The permittee shall report monthly, to the department, the species, numbers and poundage of bait fish taken during the preceding month.
P.Limit on angling hooks: It is unlawful to angle with more than two barbless lures or flies with single point angling hooks on a single line when fishing the special trout water on the San Juan river designated in Subsection A of 19.31.4.11 NMAC.
Q.Eradication of fish: In waters where fish are being eradicated or where water shortage warrants reduction of fish numbers the director may permit licensed anglers and children 11 years of age and younger to take and possess game fish in numbers exceeding current bag and possession limits. In granting such permission the director may specify bag and possession limits and manner and method of taking for such waters.
R.Possession and release of live game fish:
(1) It is unlawful to release any live game fish into any water in the state, except for fish which were legally caught from that water, without a permit issued by the department.
(2) It is unlawful to possess or transport any live game fish away from the water from which they were caught without a permit issued by the department.
(3) Exception: Department employees or federal employees while performing their official duties or those individuals working on behalf of the department when directed by a department employee.
S.Possession of undersized fish: It is unlawful for any person to have game fish in their possession which do not meet the minimum length requirements as specified in 19.31.4 NMAC.
T.Number of fishing poles or lines: It is unlawful to angle with more than one pole or line without having purchased a current two rod validation during the current license year. It is unlawful under any circumstance to angle with more than two poles or lines. A trotline shall not count toward an anglers limit on fishing poles or lines.
U.Exceeding daily bag limit: It is unlawful to exceed the daily bag limit of any protected fish species, as specified in 19.31.4 NMAC.
V.Exceeding possession limit: It is unlawful to exceed the possession limit of any protected fish species, as specified in 19.31.4 NMAC.
W.Exceeding daily bag limit or possession limit - Penalty Assessment: Any person exceeding the daily bag limit or the possession limit by two fish or less shall be offered a penalty assessment.
X.Snagging game fish: It is unlawful to snag game fish or to keep any snagged game fish except Kokanee salmon during the special Kokanee salmon season as specified in 19.31.4 NMAC.
Y.Special trout waters: Only barbless lures or flies may be used in the special trout waters designated in 19.31.4 NMAC, except in the following waters any legal angling gear and legal bait may be used: the Vermejo river system within Vermejo Park ranch boundaries, Gilita, Little Turkey, and Willow creeks, Mineral creek, Red River from its confluence with the Rio Grande upstream to the lower walking bridge at Red River state fish hatchery, Rio Chama from the river crossing bridge on U.S. 84 at Abiquiu upstream 7.0 miles to the base of Abiquiu dam, Rio Grande, Rio Ruidoso, and Whitewater creek from Catwalk National Recreation Trail parking area upstream to headwaters. It is unlawful to use tackle which does not meet these restrictions in the designated special trout waters.
Z.Attracting or concentrating fish:
(1)Artificial lights: Use of artificial lights is permitted for attracting game fish.
(2)Disturbing the bottom: It is unlawful in all special trout waters defined in Subsection A of 19.31.4.11 NMAC, to disturb or dislodge aquatic plant growth, sediment, or rocks for the purpose of attracting or concentrating fish. It shall also be unlawful to angle in the immediate vicinity where such disturbance has occurred.
(3)Chumming: Chumming is legal in all waters which have no tackle restrictions.
AA.Violation of age or disability restrictions: It is unlawful for any person to fish in any water with age or disability restrictions when that person does not meet the requirements as specified in 19.31.4 NMAC.

N.M. Admin. Code § 19.31.10.14

19.31.10.14 NMAC - Rp, 19.31.10.18 NMAC, 4-1-2007; A, 6-30-2008; A, 4-1-2010; A, 7-16-2012; A, 12-13-2013; Amended by New Mexico Register, Volume XXVI, Issue 17, September 15, 2015, eff. 9/1/2015, Adopted by New Mexico Register, Volume XXVII, Issue 23, December 15, 2016, eff. 12/15/2016, Amended by New Mexico Register, Volume XXVIII, Issue 23, December 12, 2017, eff. 4/1/2018, Adopted by New Mexico Register, Volume XXIX, Issue 24, December 27, 2018, eff. 4/1/2019, Amended by New Mexico Register, Volume XXXII, Issue 21, November 9, 2021, eff. 4/1/2022, Adopted by New Mexico Register, Volume XXXIII, Issue 21, November 8, 2022, eff. 4/1/2023