Attorney General Opinions and Advisory Letters

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Decision Content

Opinion No. 13-1138

November 22, 1913

BY: H. S. CLANCY, Assistant Attorney General

TO: Mr. J. Crocket Givens, Central, New Mexico.

HUNTING LICENSES.

Hunters on military reservations must procure state licenses.

OPINION

{*319} I am in receipt of your letter of the 20th inst. enclosing one from the State Game Warden in relation to the securing of hunting licenses by persons resident on the Fort Bayard Military Reservation.

It is the opinion of this office that, before any person, either resident on, or off of, a military reservation can be permitted to hunt game, he must procure the license required by the State of New Mexico in that regard. So far as actual hunting upon a military reservation is concerned, I do not believe that such hunting can be done without permission of the commanding officer, but persons who are allowed to so hunt must procure a license.

I enclose to you herewith copy of a letter addressed by this office to Colonel Bushnell, the commanding officer at Fort Bayard, of date August 17, 1913, from which it will be seen that the Supreme Court of the United States has passed upon this question. It might be well for you to confer with Colonel Bushnell on the subject, especially with regard to the killing of game out of season. I believe that he will co-operate with any game warden in prosecuting such infractions of {*320} the law and will recognize the fact that the game laws of the state are in force upon the reservation.

I return to you herewith the letter of the State Game Warden, together with a copy of Circular No. 50, referred to.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.