New Mexico Turtle Laws Explained

Sometimes the law is formulated in a way that makes it a little hard to understand, and this also happens with laws about owning turtles and selling turtles. In this article, I am going to tell you in plain English what are the laws about turtles in New Mexico.

Before diving into the exact laws let me answer a couple of the most asked questions.

Is it illegal to own turtles in New Mexico? No, you can legally own a turtle in New Mexico, it all depends on the species. There are certain endangered species that are protected by the law that are illegal to own, but most of the common ones are not endangered and you can own them as pets.

Is it illegal to sell turtles in New Mexico? You can legally sell turtles in New Mexico only if you have a license or a permit. If you don’t own one it is illegal and punishable by the law.

Every state has very specific laws regarding turtles, especially for turtle species that are native to the area, sometimes those laws are specific to only one state and won’t apply to other states. So let’s take a closer look at the exact laws of New Mexico about turtles.

Note: The term “turtle” includes all animals commonly known as turtles, tortoises, and terrapins.

Turtle Ownership Laws in New Mexico

It is legal to own turtles in New Mexico without any special permission from the state.

It’s illegal to own any of the seven sea turtle species: Loggerhead turtles, Green sea turtles, Leatherback turtles, Hawksbill turtles, Kemp’s ridley turtles, Olive ridley turtles, and Flatback turtles.

It’s illegal to own an endangered turtle species, without a license or permit from the state.

Turtle Commercialization Laws in New Mexico

If you want to commercialize turtles in New Mexico you will need a commercial collecting permit from the state.

It’s illegal to sell or commercialize in any way any of the seven sea turtle species: Loggerhead turtles, Green sea turtles, Leatherback turtles, Hawksbill turtles, Kemp’s ridley turtles, Olive ridley turtles, and Flatback turtles.

It’s illegal to sell or commercialize in any way endangered or vulnerable turtle species.

The 4 Inches Law

In 1975, the US government passed regulations with a stated goal to protect sea turtle eggs, reduce environmental damage, and reduce health risks. In short, this law makes it illegal to sell turtles that are smaller than 4 inches. Here is the law.

Code of federal regulations, title 21, volume 8, part 1240 ‘Control of communicable diseases’, subpart D ‘Specific Administrative Decisions Regarding Interstate Shipments’, section 1240.62 ‘Turtles intrastate and interstate requirements.’

(a) Definition. As used in this section the term “turtles” includes all animals commonly known as turtles, tortoises, terrapins, and all other animals of the order Testudinata, class Reptilia, except marine species (families Dermochelyidae and Cheloniidae).

(b) Sales; general prohibition. Except as otherwise provided in this section, viable turtle eggs and live turtles with a carapace length of less than 4 inches shall not be sold, held for sale, or offered for any other type of commercial or public distribution. [emphasis mine]

(c) [I’ve omitted this part. It deals with eggs, consequences, how to report, how to appeal, penalties, etc.]

(d) Exceptions. The provisions of this section are not applicable to:

(1) The sale, holding for sale, and distribution of live turtles and viable turtle eggs for bona fide

scientific, educational, or exhibitional purposes, other than use as pets. [emphasis mine]

(2) The sale, holding for sale, and distribution of live turtles and viable turtle eggs not in connection with a business.

If you want to read the entire act here is a link to it: FDA Title 21, Volume 8

Laws About Wild Turtles in New Mexico

If you are a resident you don’t need a permit to get wild turtles for non-commercial purposes.

If you are not a resident you will need a hunting license and a commercial collecting permit, if you want to take turtles from the wild.

You can only take from the wild the following species, with the specified limit per year:

• Snapping Turtles – 20
• Painted Turtle – 5
• Ornate Box Turtle – 10
• Pond Slider – 20
• Yellow Mud Turtle – 20
• Sonoran Mud Turtle – 5
• Smooth Softshell – 5
• Spiny Softshell – 10

Turtles can only be removed using the following: hands, seines, nets.

New Mexico Native Species

Big Bend Slider Trachemys gaigeae

Common Snapping Turtle Chelydra serpentina serpentina

Desert Box Turtle Terrapene ornata luteola

Desert Tortoise Gopherus agassizii

Midland Smooth Softshell Apalone mutica mutica

Ornate Box Turtle Terrapene ornata ornate

Red-eared Slider Trachemys scripta elegans

Rio Grande River Cooter Pseudemys gorzugi

Sonoran Mud Turtle Kinosternon sonoriense

Texas Spiny Softshell Apalone spinifera emoryi

Western Painted Turtle Chrysemys picta bellii

Western Spiny Softshell Apalone spinifera hartwegi

Yellow Mud Kinosternon flavescens flavescens

New Mexico Laws About Sea Turtles

There are 7 different sea turtle species, and all of them are either endangered or vulnerable. So in all states, they are protected by law. This means that you can’t own or commercialize sea turtles, no matter which species it is.

It is also illegal to destroy or disturb sea turtles’ nests. Also, the sea turtle’s eggs cannot be sold or disturbed in any way.

Sea turtles also have specific nesting sites, and all of them are usually on beaches. So making any kind of major change to the nesting area is also prohibited.

If you want to be able to study sea turtles you are going to need a Service and/or a State permit. Any activity that exceeds the limits of State authority for an endangered species will require a Federal permit in addition to the State permit.

A permit from the State or the Service is needed to capture or remove sea turtles from the wild. That permit may allow retention of specimens in captivity and, if so, sea turtles may be transferred by the permittee to a facility for holding in accordance with their authorization.

States may issue permits for capture and retention of sea turtles under the auspices of their ESA section 6 agreements with the Service. However, a Service permit will be needed for endangered species in the following circumstances:

• The death or permanent disabling of a sea turtle
• The removal of a sea turtle from that State
• The holding of a sea turtle in captivity for a period of more than 45 consecutive days

NOTE: Under the Emergency provisions of their section 6 cooperative agreements with the Service, States can authorize holding endangered sea turtles for more than 45 consecutive days if such holding is necessary to aid sick or injured turtles.

If the original permit for taking a sea turtle from the wild allows for it, the specimen may be transferred between the original holding facility to others, even out of state, without additional authorization from the Service. Note that both parties of a transfer should generate and maintain documentation to demonstrate that a sea turtle has been taken and possessed lawfully. Copies of applicable permits should be enclosed with shipments of sea turtles.

This information should cover the basics of what you need to know about the laws regarding sea turtles. If you want to obtain a permit to work with sea turtles you should check out the Fish and Wildlife government site where you will find every detail that you have to know: https://www.fws.gov.

Why Those Laws Exist

A lot of turtle species are endangered or vulnerable at the moment so a lot of those laws are in place to ensure their safety. Without laws that protect turtles, people would still be hunting them to extinction or taking them from their natural habitat without thinking about the consequences.

Another reason why those exist is to protect the environment. A lot of people believed that if they don’t want to have a turtle as a pet they can just release them in the nearest forest or lake without any consequences, but that’s not the case. Every ecosystem has its own balance and adding or extracting a species from it can greatly destabilize that balance. This is another reason why those laws exist.

So in general those laws exist to protect the turtles and the environment. It is completely possible that the laws might change at some point. After all most laws aim to protect and help endangered turtle species to grow in number. After a species will reach again a good healthy number there is a good chance that the laws will be less restrictive.

Conclusion

So these are the laws of New Mexico regarding turtles. Different states have different turtle populations, and most states have laws that focus on native turtle populations, and sometimes they forget to cover some non-native populations. If the state laws don’t mention that you can legally own a certain turtle species that it’s not endangered then you most probably can, as long as you don’t break any other law regarding turtles. If you want to be completely sure you can always contact the state department that deals with wildlife. You will find in the resource section of this article the official website where I did the research for this article, there you will also find a contact page if you want to ask them a more specific question.

*This article has been updated in April 2023

Resources

New Mexico Department of Game & Fish

*Note that I am not a lawyer and this is not legal advice. The materials available on this website are for informational purposes only and not for the purpose of providing legal advice.

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