New Mexico

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Wild Horse Observers Ass'n, Inc. v. New Mexico Livestock Bd.

Summary: Plaintiff Wild Horse Observers Association, Inc. (Association) appealed the District Court's dismissal for failure to state a claim. The Association claimed that Defendant New Mexico Livestock Board (the Board) had unlawfully treated a group of undomesticated, unowned, free-roaming horses near Placitas, New Mexico as “livestock” and “estray,” rather than as “wild horses” under the Livestock Code. The Appeals Court concluded that “livestock” did not include undomesticated, unowned animals, including undomesticated and unowned horses; therefore, undomesticated, unowned horses could not be “estray.” The court also concluded that the Board had to DNA test and relocate the Placitas horses, and that the Association pleaded sufficient facts in its complaint to withstand a motion to dismiss.

Plaintiff Wild Horse Observers Association, Inc. (Association) appealed the District Court's dismissal for failure to state a claim. The Association claimed that Defendant New Mexico Livestock Board (the Board) had unlawfully treated a group of undomesticated, unowned, free-roaming horses near Placitas, New Mexico as “livestock” and “estray,” rather than as “wild horses” under the Livestock Code. The Appeals Court concluded that “livestock” did not include undomesticated, unowned animals, including undomesticated and unowned horses; therefore, undomesticated, unowned horses could not be “estray.” The court also concluded that the Board had to DNA test and relocate the Placitas horses, and that the Association pleaded sufficient facts in its complaint to withstand a motion to dismiss.

Detailed Discussion of New Mexico Great Ape Laws

Summary: The following article discusses Great Ape law in New Mexico. New Mexico regulates the possession of great apes by administrative regulation and reference to the federal endangered species list.This prohibition applies primarily to private ownership by the general public. There is a list of commercial uses that are allowed, however. Like other states, New Mexico does not define great apes as “endangered,” either under its own endangered species law or any regulations. It does, however, cover them by reference to federal law. New Mexico prohibits any possession, transport, commerce, or taking of federal protected endangered species.

The following article discusses Great Ape law in New Mexico. New Mexico regulates the possession of great apes by administrative regulation and reference to the federal endangered species list.This prohibition applies primarily to private ownership by the general public. There is a list of commercial uses that are allowed, however. Like other states, New Mexico does not define great apes as “endangered,” either under its own endangered species law or any regulations. It does, however, cover them by reference to federal law. New Mexico prohibits any possession, transport, commerce, or taking of federal protected endangered species.

NM - Wildlife - Article 15. Predatory Wild Animals and Rodent Pests

Summary: The New Mexico County Predatory Control Act deals with predatory wild animals and rodent pests. On federal lands, the federal government pays for rodent pest repression. On public federal or state lands, the state and federal cooperative funds pay for rodent pest repression. On private land, rodent pest repression is based on voluntary cooperation of owners, but if the owner fails, after written notice, to destroy the prairie dogs, the state rodent inspector is authorized to enter the lands and destroy the prairie dogs at the expense of the owner. Any person who interferes with the rodent inspector is guilty of a misdemeanor punishable by a fine of $100 to $500.

The New Mexico County Predatory Control Act deals with predatory wild animals and rodent pests. On federal lands, the federal government pays for rodent pest repression. On public federal or state lands, the state and federal cooperative funds pay for rodent pest repression. On private land, rodent pest repression is based on voluntary cooperation of owners, but if the owner fails, after written notice, to destroy the prairie dogs, the state rodent inspector is authorized to enter the lands and destroy the prairie dogs at the expense of the owner. Any person who interferes with the rodent inspector is guilty of a misdemeanor punishable by a fine of $100 to $500.

NM - Dog Bite - Chapter 77. Animals and Livestock.

Summary: This short New Mexico statute provides that state health department shall prescribe regulations for the reporting of animal bites, confinement and disposition of rabies-suspect animals, rabies quarantine and the disposition of dogs and cats exposed to rabies, in the interest of public health and safety.

This short New Mexico statute provides that state health department shall prescribe regulations for the reporting of animal bites, confinement and disposition of rabies-suspect animals, rabies quarantine and the disposition of dogs and cats exposed to rabies, in the interest of public health and safety.

NM - Impound - Chapter 77. Animals and Livestock.

Summary: This New Mexico statute provides that the owner or operator of a veterinary clinic or hospital, a doctor of veterinary medicine, a kennel, grooming parlor or other animal care facility is not liable for disposing of abandoned animals after proper notice has been sent to the owner of record.

This New Mexico statute provides that the owner or operator of a veterinary clinic or hospital, a doctor of veterinary medicine, a kennel, grooming parlor or other animal care facility is not liable for disposing of abandoned animals after proper notice has been sent to the owner of record.

NM - Licenses - Chapter 77. Animals and Livestock.

Summary: This New Mexico statute provides that every municipality and each county may provide by ordinance for the mandatory licensure of dogs over the age of three months. License fees shall be fixed by the responsible municipality or county. Further, pursuant to this statute, every municipality and each county shall provide for the impoundment of rabies-suspect animals.

This New Mexico statute provides that every municipality and each county may provide by ordinance for the mandatory licensure of dogs over the age of three months. License fees shall be fixed by the responsible municipality or county. Further, pursuant to this statute, every municipality and each county shall provide for the impoundment of rabies-suspect animals.

NM - Ordinances - Chapter 77. Animals and Livestock

Summary: This New Mexico statute provides that each municipality and each county shall make provision by ordinance for the seizure and disposition of dogs and cats running at large and not kept or claimed by any person on their premises provided that it does not conflict with state law.

This New Mexico statute provides that each municipality and each county shall make provision by ordinance for the seizure and disposition of dogs and cats running at large and not kept or claimed by any person on their premises provided that it does not conflict with state law.

NM - Dangerous Animal - Chapter 77. Animals and Livestock.

Summary: This New Mexico statute provides that it is unlawful for any person to keep any animal known to be vicious and liable to attack or injure human beings unless such animal is securely kept to prevent injury to any person. It is also unlawful to keep any unvaccinated dog or cat or any animal with any symptom of rabies or to fail or to refuse to destroy vicious animals or unvaccinated dogs or cats with symptoms of rabies.

This New Mexico statute provides that it is unlawful for any person to keep any animal known to be vicious and liable to attack or injure human beings unless such animal is securely kept to prevent injury to any person. It is also unlawful to keep any unvaccinated dog or cat or any animal with any symptom of rabies or to fail or to refuse to destroy vicious animals or unvaccinated dogs or cats with symptoms of rabies.

NM - Dog - Consolidated Dog Laws

Summary: These statutes comprise New Mexico's dog laws. Among the provisions include municipal powers to regulate dogs, vaccination requirements, and provisions related to dangerous dogs.

These statutes comprise New Mexico's dog laws. Among the provisions include municipal powers to regulate dogs, vaccination requirements, and provisions related to dangerous dogs.

NM - Veterinary - Article 14. Veterinary Practice Act.

Summary: These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.

These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.
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