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2022 Op. N.M. Att'y Gen. 1 (2022)

handle is hein.sag/sagnm0104 and id is 1 raw text is: STATE OF NEW MEXICO OFFICE OF THE ATTORNEY GENERAL HECTOR H. BALDERAS ATTORNEY GENERAL April 5, 2022 The Honorable Nathan P. Small Representative D-Dona Ana, District 36 PO Box 697 Dona Ana, New Mexico 88032 Email: Nathan.small@nmlegis.gov Re: Opinion Request - New Mexico State Game Commission's Application of the term Hunt Code Dear Representative Small: You have requested an Attorney General opinion regarding whether the New Mexico State Game Commission's application of the statutorily defined term hunt code to its rule regulating the hunt of bighorn sheep is lawful. More specifically, we understand you are asking whether multiple hunts for Desert bighorn sheep and Rocky Mountain bighorn sheep, both subspecies of the bighorn sheep species Ovis canadensis, in various locations throughout the state over the course of several days may be properly conducted under a single hunt code, as that term is defined by Section 17-2A-1. Based on our examination of the relevant constitutional, statutory and case law authorities, as well as the information available to us at this time, the short answer is yes. As a preliminary matter, there are three basic rules of statutory construction that guide my analysis. The first rule is that the plain language of a statute is the primary indicator of legislative intent. Courts generally give the words used in a statute their ordinary meaning unless the legislature indicates a different intent. The court will not read into a statute language which is not there, particularly if it makes sense as written. The second rule is to give persuasive weight to long- standing administrative constructions of statutes by the agency charged with administering them. The third rule dictates that where several sections of a statute are involved, they must be read together so that all parts are given effect. Filippi v. Board of County Commissioners of Torrance County, 2018-NMCA-050, TOLL FREE 1-844-255-9210 TELEPHONE: (505)490-4060 FAX: (505)490-4883 www.nmag.gov MAILING ADDRESS: P.O. DRAWER 1508 - SANTA FE, NEW MEXICO 87504-1508 STREET ADDRESS: 408 GALISTEO STREET - SANTA FE, NEW MEXICO 87501

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