Attorney General Opinions and Advisory Letters

Decision Information

Decision Content

Opinion No. 14-1345

September 30, 1914

BY: H. S. CLANCY, Assistant Attorney General

TO: Messrs. Askren & Gilbert, Attorneys at Law, Roswell, New Mexico.

FISH.

Carp and buffalo fish may be taken and sold at any time of the year.

OPINION

{*206} I have your letter of the 28th instant in which you ask for the opinion of this office as to whether it is a violation of law to catch and sell carp and buffalo fish taken from the public or private waters [Illegible Word] this state.

Carp and buffalo are not game fish as defined by Section 6 of Chapter 85 of the Laws of 1912, and I can see no reason why they may not be taken and sold at any time of the year. In my opinion, as a sportsman, the destruction of these fish should be encouraged, as they prey upon the spawn of game fish, especially the carp.

 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.