17-11-4: Exceptions.

The provisions of the Wildlife Conservation and Public Safety Act do not apply to:

A. the taking of wildlife with firearms, fishing equipment, archery equipment, falconry equipment or other implements in hand, when used as authorized by law;

B. the taking or control of birds, fish or rodents not defined as furbearers in Section 17-5-2 NMSA 1978;

C. a government entity acting in the course of its official duties to prevent or mitigate actual threats to human health and safety;

D. ecosystem management conducted by the department, the United States fish and wildlife service or a conservancy district of the state or its employee, agent or representative acting in the course of its official duties;

E. bona fide scientific research;

F. depredation trapping conducted by the department or a designated agent of the department using non-lethal traps or non-lethal snares, but only when accompanied by visible signs at the location of each device notifying the public of the presence of such devices;

G. the use of cage traps to recover or to provide veterinary care or husbandry to a domestic animal or feral animal as authorized by law, or to abate damages caused by any animal to property, crops or livestock; provided that:

(1) once the damage has been abated, use of the cage trap shall cease; and

(2) any captured animal is disposed of in accordance with rules established by the department or appropriate animal agency; or

H. enrolled members of a federally recognized Indian nation, tribe or pueblo when trapping is conducted solely for religious or ceremonial purposes pursuant to rules issued by the department of game and fish [department of wildlife] in collaboration with the secretary of Indian affairs and consistent with federal procedures for recognition and protection of bona fide Indian nation, tribe or pueblo religious ceremonies.