I posted this in the shipping forum, on a thread specifically about New Mexico, but figured it would fit here as well...prepare to be baffled
M's animal laws SUCK, plain and simple. In some ways, they are lenient to keepers (there are no state laws regarding owning native or exotic venomous, with a major caveat, read on), but in other ways, they are so ass backwards it's hardly believable.
Tim is right in that, by the letter of the law, EVERY animal imported into New Mexico, whether it is a native species or not, MUST have a $25 permit accompanying it (the permit has to be applied for by the purchaser prior to importation). Theoretically, this asinine law applies even to crickets purchased over the internet. Now...the question is, just how is this law enforced? Honestly, I don't know. But I'll tell you what I do know.
Technically, almost any animal purchased WITHIN the state of NM is legal (with the exception of crocodilians, lions, tigers, bears, etc., and state protected species, but all non-protected snake species and most other reptiles are completely legal, hot or not). The catch is, you must be able to provide proof (in the form of a sales receipt, breeder documentation, etc.) that the animal ORIGINATED in NM.
Here's the problem with enforcement of the law: Pet stores that sell animals (including mammals, etc.) NEVER mention this to customers. Do you think your average Joe Schmoe who walks into a Petco and buys a ball python for $50 is going to keep that receipt forever, incase NM G&F knocks on his door one day and wants to see documentation? Of course not...the receipt goes in the trash on his way out the door, or at best, after the live animal guarantee runs out.
I think it's fairly safe to say that the vast majority of non-domestic animals kept in the state of NM are being kept illegally, at least by the letter of that stupid law. I can't think of anyone here, whether they keep reptiles or chinchillas, that can provide definitive proof that their animal(s) originated in New Mexico, and that goes for all the pet store purchases that occur daily in this state.
NM F&W realize this, but they fail to do anything to amend the law (such as suggest an amendment in the next legislative session). There are reportedly some diligent herpers here (Bob Ashley) who have been working for quite some time on changing some of these laws in our favor, but the last time I checked (less than a week ago), nothing had changed.
Where NM DOES apparently enforce this (or at least makes a position about it) is with venomous reptiles. Unfortunately, even there, they enforce the law in a manner that is NOT how the law is written.
As written, the law states that ALL venomous snakes (Helodermids are not allowed in NM) IMPORTED into the state of New Mexico must be vet-certified venomoids. The fact that my state even promotes such a practice is embarrassing to me, my personal stance is that I'd rather NOT own venomous than own venomoids. But I digress. The ridiculousness of this law is readily apparent, in several ways. For one, I can order a pair of venomoid black mambas off the internet, legally import them (with a permit of course), and then go right around and breed fully intact, venomous baby black mambas, which would be perfectly legal as they are because they ORIGINATED in the state of NM. Make sense to you?
In addition...I can go and drive 15 minutes from my apartment and capture and legally keep an atrox, viridis, or other native rattlesnake species, and legally keep them INTACT, fully venomous, but if I want an atrox, viridis, or molossus from TEXAS, it has to be a vet-certified venomoid. The ridiculousness of this law is astounding, because it doesn't make any sense, PERIOD.
However, the way the law is enforced unfairly targets venomous keepers, because it goes beyond the scope of the way the law is written. I have it on good word (though I have not experienced this personally), that Game and Fish considers ANY non-native venomous reptile to be illegal, regardless of origin (meaning even if it were bred in the state). Proving origin to them is virtually impossible, because unless G & F are actually sitting there watching black mamba babies hatch from the egg (I suppose one could videotape it, but then they'd just argue it could have been taped anywhere), one can't conclusively PROVE where an animal was born. It's essentially a breeders word against the state. They have effectively banned exotic venomous in this state WITHOUT a law to back it up. Idiocy, I tell you.
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