reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 7 - IMPORTATION OF LIVE NON-DOMESTIC ANIMALS, BIRDS AND FISH › Section 19.35.7.12 - APPLICATION FOR IMPORTATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				applicant requesting an importation permit for non-domesticated animals must
				submit the following information with the application:
(1) a containment or confinement plan indicating where and how the
				species will be maintained;
(2) a
				current and valid certificate from an accredited veterinarian certifying that
				each animal or rearing facility of origin has been inspected and is in good
				general health, disease free or that each animal or rearing facility of origin
				tests disease free for any specific disease(s) following the testing
				requirements and procedures as identified by the department during the
				application process, except;
(a) the
				department may approve an animal supplier that is currently enrolled in an
				accredited animal breeding program or facility health monitoring standards such
				as NPIP, AZA, or other government sanctioned program;
(b) the department may approve detailed and
				verifiable facility of origin health monitoring plans and records to be
				submitted by an organization(s) in lieu of a health or rearing facility
				inspection certificate from an accredited veterinarian;
(3) proof from the county and city into
				which the animal will be imported and held that possession of the animal is
				allowed;
(4) proof that all
				necessary federal permits have been obtained;
(5) proof that the requested species does not possess or have the
				immediate potential to carry infectious or contagious diseases; and
(6) confirmation by the applicant or person
				in authority representing the applicant agreeing to any conditions and
				provisions listed on the respective permit; and
(7) any importing person or entity must notify the department of
				game and fish within 24 hours of any disease indications or symptoms that
				manifest themselves among the imported animals.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 7 - IMPORTATION OF LIVE NON-DOMESTIC ANIMALS, BIRDS AND FISH › Section 19.35.7.13 - TEMPORARY IMPORTATION

Current through Register Vol. 35, No. 13, July 16, 2024
Importation into the state for exhibition, advertising,
				  movies etc. may be approved on an expedited basis provided that the animal will
				  not be in the state for a period of more than 30 days. Specific requirements
				  for the animals will be listed on the application and permit. Specific
				  requirements for importation may be listed on the application. The department
				  will have the final authority to list all conditions on the permit that will be
				  required prior to final approval.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 7 - IMPORTATION OF LIVE NON-DOMESTIC ANIMALS, BIRDS AND FISH › Section 19.35.7.14 - IMPORTATION OF CERTAIN FISH OR FISH EGGS INTO NEW MEXICO

Current through Register Vol. 35, No. 13, July 16, 2024
All fish species or eggs of the families salmonidae,
				  esocidae, moronidae, ictaluridae, centrarchidae, percidae, and the genus
				  oreochromis may be imported into the state provided that all conditions stated
				  on the application and permit are met, including the following:
A. the name of department approved supplier
				pursuant to this regulation;
B.
				description of water into which fish will be released is provided; description
				must include: legal owner of water; legal description of location (township,
				range, section); county; name of water; size of water (surface acres-lake;
				miles-stream); source and discharge of water; major use of water; a map of
				sufficient size and detail to allow the water to be located by someone
				unfamiliar with the area shall be included;
C. species, size, pounds, and number of fish
				to be imported will be specified;
D. purpose of importation will be
				specified;
E. full description of
				person or persons requesting importation, to include: name, address, telephone
				number, name of contact person;
F.
				GPS coordinates (latitude and longitude in degree decimal minutes (DDM) using
				WGS 84 datum for each location where fish are stocked.
G. Oreochromis niloticus and oreochromis
				mossambicus may be imported into the state provided that:
(1) All requirements set forth in the
				application and on the permit are met.
(2) All other regulatory requirements,
				including those set forth herein, are met.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 7 - IMPORTATION OF LIVE NON-DOMESTIC ANIMALS, BIRDS AND FISH › Section 19.35.7.15 - APPROVED SUPPLIERS OF FISH OR FISH EGGS FOR IMPORTATION INTO NEW MEXICO

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department
				will maintain a listing of approved fish suppliers.
B. All approved fish suppliers or their agent
				must carry a department-issued copy of the importation permit while
				transporting fish to the approved release site in New Mexico.
C. Approved supplier or their agent must
				notify the department of intended port of entry for importation of fish or fish
				eggs into New Mexico.
D. Approved
				supplier may be required to provide a presence/absence disease history (e.g.,
				furunculosis bacterium, enteric redmouth bacterium, proliferative kidney
				disease, ceratomyxosis of salmonids, etc.) of the hatchery facility if
				requested by the New Mexico department of game and fish.
E. Approved suppliers shall meet the criteria
				and provide pathogen-free certification as specified herein.
F.
Salmonids:
(1) For the infectious hematopoietic necrosis
				virus (IHNV), infectious pancreatic necrosis virus (IPNV), viral hemorrhagic
				septicemia (VHS), and bacterial kidney disease (BKD).
(a) Disease testing will be conducted by
				another state wildlife agency, United States fish and wildlife service; USDA
				certified source or other source approved by the New Mexico department of game
				and fish.
(b) Disease testing of
				fish must use American fisheries society (AFS) blue book or meet OIE (office
				international des epizooties) standards.
(c) Disease testing will be conducted on an
				annual basis; annual inspection must have occurred within the previous 12
				months of application date.
(d)
				Sixty fish per lot will be sampled.
(e) For all lots of fish not originating on
				facility, supplier must provide a historical account documenting fish were
				reared only at New Mexico department of game and fish approved aquaculture
				facilities.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 7 - IMPORTATION OF LIVE NON-DOMESTIC ANIMALS, BIRDS AND FISH › Section 19.35.7.17 - IMPORTATION CONDITIONS FOR THE FAMILIES BOVIDAE, ANTILOCAPRIDAE AND CERVIDAE

Current through Register Vol. 35, No. 13, July 16, 2024
All live protected wildlife species of the families Bovidae,
				  Antilocapridae, and Cervidae imported in the state of New Mexico shall meet the
				  following criteria.
A. Be permanently
				identified with any 2 of the following devices, one of which must be an
				official animal identification. All identification data shall be registered
				with the department:
(1) implanted electronic
				identification device.
(2) ear tag
				with park identification number.
(3) tamper-proof ear tag with imprinted
				national identification number.
(4)
				USDA metal ear tags.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 7 - IMPORTATION OF LIVE NON-DOMESTIC ANIMALS, BIRDS AND FISH › Section 19.35.7.18 - INTRASTATE TRANSPORTATION FOR THE FAMILIES BOVIDAE, ANTILOCAPRIDAE AND CERVIDAE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Transporting requirements: All live cervids transported within the state of New
				Mexico shall be legally possessed and permanently identified with any 2 of the
				following devices, one of which must be an official animal identification. All
				identification data shall be registered with the department:
(1) implanted electronic identification
				device.
(2) ear tag with park
				identification number.
(3)
				tamper-proof ear tag with imprinted national identification number.
(4) USDA metal ear tags.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 7 - IMPORTATION OF LIVE NON-DOMESTIC ANIMALS, BIRDS AND FISH › Section 19.35.7.19 - RELEASE FROM CAPTIVITY FOR IMPORTED ANIMALS

Current through Register Vol. 35, No. 13, July 16, 2024
No person shall release from captivity an imported animal
				  into New Mexico except by obtaining a release permit from the director. The
				  transfer of an imported animal from one person to another person does not
				  constitute a release from captivity.
A. Prior to approval by the director an
				applicant must:
(1) submit a plat of the
				release area;
(2) submit
				verification that landowners, tribal officials, state officials, federal
				officials and county officials that may be directly affected by the release
				have been notified of the potential release in writing and have been given 20
				days to respond to the release; responses must be submitted with the
				application; it is the responsibility of the applicant to notify the above and
				submit responses to the department; failure to notify as indicated herein or to
				submit responses will result in the application being rejected until this
				condition is met and any compliance fees are paid;
(3) demonstrate that the intended release is
				provided for in state or federal resource or species management plans or
				strategies (CWCS).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 7 - IMPORTATION OF LIVE NON-DOMESTIC ANIMALS, BIRDS AND FISH › Section 19.35.7.21 - DENIAL OF PERMIT APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
The appropriate department division chief shall notify the
				  applicant of a denial to import non-domesticated animals in writing. A denied
				  application will not be further considered unless the applicant is granted an
				  allowance through the director's review or the commission appeal
				  process.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 7 - IMPORTATION OF LIVE NON-DOMESTIC ANIMALS, BIRDS AND FISH › Section 19.35.7.22 - IMPORTATION PERMIT APPEAL PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
The denial of an importation permit may only be set aside if
				  each step in the application and appeal process is adhered to sequentially and
				  the appeal is conducted in accordance with the following procedures.
A. Director's review: any applicant whose
				importation permit application has been denied may request a review by the
				director in accordance with the following procedures.
(1) Theapplicant must submit by certified mail a written request
				to the director within 30 days of denial.
(2) A request for the director's review must contain the reason
				for the objection.
(3) Thedirector
				will consider any additional evidence and information that was not previously
				considered in the initial denial.
(4) The director will consider any conflicts with native wildlife,
				threats to human health, domestic animals or livestock and qualified expert
				designation when making a determination.
(5) The designation within a specified group on the director's
				species importation list cannot be used as the basis for review or
				appeal.
(6) The director shall
				make a determination and send the applicant his decision within 45
				days.
(7) The determination to
				approve or deny a qualified expert designation by the director is final and is
				not subject to appeal.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 7 - IMPORTATION OF LIVE NON-DOMESTIC ANIMALS, BIRDS AND FISH › Section 19.35.7.23 - EXCEPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Employees of the New Mexico department of game and fish and
				  other state agencies acting in the course of their official duties are not
				  required to have an importation permit. However, all disease testing
				  requirements specified in this rule must be met prior to
				  importation.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 8 - FALCONRY › Section 19.35.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Members of the public interested in the participating in the
				  sport of falconry. Seasons for protected species which may be taken through
				  falconry are found in Chapter 31 Part 5 and Part 6, and the license fee is
				  found in Chapter 30 Part 1.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 8 - FALCONRY › Section 19.35.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  17-1-14
				  and
				  17-1-26
				  NMSA 1978 provide that the New Mexico state game commission has the authority
				  to establish rules and regulations that it may deem necessary to carry out the
				  purpose of Chapter 17 NMSA 1978 and all other acts pertaining to protected
				  species.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 8 - FALCONRY › Section 19.35.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2012, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 8 - FALCONRY › Section 19.35.8.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Band" shall
				mean a permanent, nonreusable, numbered federal raptor leg band supplied by the
				department or by the USFWS.
B.
				"Department" shall mean the New Mexico department of game and fish.
C. "Eyass" shall mean a young raptor not yet
				capable of flight.
D. "Falconry"
				shall mean the ownership, caring for, and training of raptors for the pursuit
				of wild game, and hunting wild game with raptors. Falconry includes the taking,
				or possession of captive bred or wild raptors to use in the sport; and includes
				the transfer, and transporting of raptors.
E. "Hack" or "hacking" shall mean the
				temporary release of a raptor held for falconry to the wild so that it may
				survive on its own.
F. "Hybrid"
				means offspring of any one species in Section 10.13 of Subchapter B of Title 50
				of the Code of Federal Regulations and any other species, or of any two species
				in Section 10.13 of Subchapter B of this chapter, and any progeny of those
				birds.
G. "Imping" to graft or
				repair (a wing, tail, or feather) with a feather to improve a falcon's flying
				capacity.
H. "Imprint" shall mean a
				raptor that is hand-raised in isolation from two weeks of age until it has
				fledged, and has identified itself with humans rather than its own species. An
				imprinted raptor is considered to be so for its entire lifetime.
I. "Microchip" shall mean an ISO
				(international organization for standardization) compliant (134.2 khz)
				microchip purchased and supplied by the falconer permit holder.
J. "Passage bird" shall mean a raptor in its
				first year.
K. "Raptors" shall mean
				a migratory bird of the Order Accipitriformes, the Order Falconiformes or the
				Order Strigiformes listed in Section 10.13 of Title 50 of the Code of Federal
				Regulations, including the bald eagle (Haliaeetus leucocephalus), and the
				golden eagle (Aquila chrysaetos).
L. "Raptor-taking permits" shall mean permits
				to take raptors from the wild for falconry purposes.
M. "Temporary foreign visitor" shall mean a
				foreign national, not an alien residing permanently in the United States, who
				qualifies as a general or master class falconer.
N. "USFWS" shall mean the United States fish
				and wildlife service.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 8 - FALCONRY › Section 19.35.8.8 - FALCONER PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Permit
				requirement to practice falconry in New Mexico: A New Mexico falconer permit, a
				New Mexico temporary foreign visitor falconer permit or, for nonresidents, a
				valid state permit or a nonresident temporary foreign visitor falconer permit
				from another state is required.
B.
				Duration of falconer permits: All falconer permits shall be issued for a period
				not to exceed five years and shall expire March 31. All falconer permits may be
				renewed if the permittee has not violated relevant state or federal laws or
				regulations.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 8 - FALCONRY › Section 19.35.8.9 - REQUIREMENTS FOR ISSUANCE OF FALCONER PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
The director of the department may issue a falconer permit to
				  an applicant who meets the following requirements.
A. The applicant must qualify as a resident
				of New Mexico, as prescribed by Chapter
				17-3-4 NMSA
				1978 Compilation.
B. Falconer
				permits may not be transferred to other persons.
C. Age, experience, sponsorship:
(1) Apprentice permit:
(a) The applicant for an apprentice permit
				must be at least 12 years of age and must have the written consent of a parent
				or legal guardian to assume responsibility for the apprentice's activities if
				under 18 years of age.
(b) A
				sponsor who holds a New Mexico general permit with two years experience, or a
				master permit, is required until the apprentice advances to general
				falconer.
(c) The applicant for an
				apprentice permit shall name the sponsor in the application submitted and shall
				include a letter from the sponsor indicating his or her willingness to sponsor
				the apprentice.
(d) The applicant
				for an apprentice permit must successfully pass the state falconry examination
				before he or she will be granted an apprentice permit.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 8 - FALCONRY › Section 19.35.8.10 - CLASSES OF FALCONER PERMITS AND AUTHORIZED POSSESSION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Apprentice permit:
(1) An apprentice falconer permittee may
				possess one American kestrel (Falco sparverius) or one red-tailed hawk (Buteo
				jamaicensis).
(2) An apprentice
				falconer may conduct abatement activities only as a subpermittee of a master
				falconer who holds an abatement permit.
(3) An apprentice falconer may present a
				conservation education program when accompanied by a master or general permit
				holder. A conservation education program shall provide information on raptor
				biology, ecological roles and conservation needs, and the permit holder may
				charge a fee to cover costs.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 8 - FALCONRY › Section 19.35.8.11 - DIRECTORS AUTHORITY AND TAKING OF RAPTORS

Current through Register Vol. 35, No. 13, July 16, 2024
The director of the department may develop a policy to permit
				  raptor take.
A. A raptor may be taken
				by a resident falconer who holds a valid falconer permit.
(1) The holder of a valid falconer permit,
				may, at any time of the year, recapture by means of traps or nets any escaped
				raptor that was legally possessed.
(2) The holder of a New Mexico general or
				master falconer permit may, take an eyass or passage raptor as permitted
				herein.
(3) Any raptor taken shall
				be reported to the department within 10 days. The notification shall be filed
				through the USFWS 3186-A electronic reporting system unless otherwise required
				or approved by the department.
(4)
				No falconer shall possess a species raptor not authorized by his or her
				permit
(5) No falconer shall exceed
				the number of raptors authorized by his or her permit..
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 8 - FALCONRY › Section 19.35.8.12 - FACILITIES AND EQUIPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Inspection of facilities. An inspection is required for all new applicants and
				at the time of renewal if the permitted falconer is an apprentice falconer, or
				if the facilities have been moved. If a department officer or a master falconer
				representing the department has inspected the applicant's falconry facilities
				and equipment and found that they meet or exceed the standards below, the
				inspecting department officer or master falconer must submit a signed
				certification of the facility, the equipment and the inspection to the Santa Fe
				office of the department before the permit is issued or renewed.
B. Indoor facilities must be large enough to
				allow easy access for care of raptors. Each raptor must have an area large
				enough to allow it to fly if it is untethered or if tethered, to fully extend
				its wings or bate (attempt to fly while tethered) without damaging its feathers
				or contacting other raptors.
(1) If more than
				one raptor is to be kept in a single facility, the raptors must be separated by
				partitions or tethered, or raptors may be housed untethered together if they
				are compatible with each other.
(2)
				If raptors housed in this indoor facility are not tethered, all walls that are
				not solid must be protected on the inside. Suitable materials may include
				vertical bars spaced narrower than the width of the body of the smallest raptor
				to be housed in the enclosure. However, heavy-duty netting or other such
				materials may be used to cover the walls or roof of the enclosure.
(3) Each raptor must have a pan of clean
				water available unless weather conditions, perch type, or some other factor
				makes access to water unsafe for the raptor. There shall be at least one window
				for sunlight, and must provide a healthy environment for raptors inside, and a
				secure door that can be easily closed. The floor shall permit easy cleaning and
				shall be well drained. Acceptable indoor facilities include shelf perch
				enclosures where raptors are tethered side by side.
(4) Other innovative housing systems are
				acceptable if they provide the enclosed raptors with protection and maintain
				healthy feathers. Falconry raptors may be kept inside a residence, raptors must
				be tethered and each raptor must have a suitable perch. The residence windows
				or other openings do not need to be modified.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 8 - FALCONRY › Section 19.35.8.13 - IMPORTATION, TRANSPORT AND TEMPORARY HOLDING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Importation: A copy of a valid falconer
				permit shall suffice as an importation permit for raptors brought into the
				state.
(1) A permitted falconer may import
				any raptor from another state, provided that the permittee does not exceed the
				number and species of raptors that can be held under his or her
				permit.
(2) The holder of a New
				Mexico temporary foreign visitor falconer permit may only import captive-bred
				raptor(s) from another state, provided the falconer does not exceed the number
				and species of raptors that he or she may possess.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 8 - FALCONRY › Section 19.35.8.14 - RELEASE OF RAPTORS

Current through Register Vol. 35, No. 13, July 16, 2024
A permittee who wishes to release a raptor must notify the
				  department 10 days before the intended release date.
A. The department will respond to the request
				within the 10 day period, and the raptor may be released back into the wild in
				accordance with approval and instruction from the department.
B. The department may require a period of
				hacking the raptor back to the wild at an appropriate time of year and an
				appropriate location.
C. The
				intentional permanent release of hybrid raptors is prohibited.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 8 - FALCONRY › Section 19.35.8.15 - RAPTOR PROPAGATION

Current through Register Vol. 35, No. 13, July 16, 2024
A federal permit is required for raptor propagation and
				  activities associated with it are permitted in accordance with Title 50, Code
				  of Federal Regulations, Section 21.30. No additional state permit is
				  required.
A. A falconry raptor may be
				temporarily used for propagation without notice of transfer by individuals
				permitted to conduct raptor propagation.
B. A permittee may transfer a wild-caught
				falconry raptor to a raptor propagation permit after the raptor has been used
				in falconry for at least two years (one year for a sharp-shinned hawk
				(Accipiter striatus), a Cooper's hawk (Accipiter cooperii), a merlin (Falco
				columbarius), or an American kestrel).
C. When transferred to a propagation permit
				the acquisition of the raptor by the propagator shall be reported to the
				department within 10 days. The notification shall be filed through the USFWS
				3186-A electronic reporting in accordance with appropriate state and federal
				regulations.
D. Raptors possessed
				for propagation, including all progeny produced pursuant to the permitted
				activity, must be identified with a band issued by the department. A falconer
				may purchase and implant an ISO microchip in addition to the band.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 9 - CLASS A PARK AND LAKES › Section 19.35.9.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Persons who desire to hold wildlife species in the state of
				  New Mexico. This will include holders of class "A" park and lake
				  licenses.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 9 - CLASS A PARK AND LAKES › Section 19.35.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
17-1-14,
				  17-1-26,
				  17-2-3,
				  17-2-7,
				  17-2-10,
				  17-4-8,
				  17-4-9,
				  17-4-10,
				  17-4-11,
				  17-4-12,
				  17-4-13,
				  17-4-14,
				  17-4-15,
				  17-4-16,
				  17-4-17,
				  17-4-18,
				  17-4-19,
				  17-4-20,
				  17-4-21,
				  17-4-22,
				  17-4-23,
				  17-4-24,
				  17-4-25,
				  17-4-26,
				  17-4-27,
				  and
				  17-4-28
				  NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 9 - CLASS A PARK AND LAKES › Section 19.35.9.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 14, 2014, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 9 - CLASS A PARK AND LAKES › Section 19.35.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To provide consistent criteria for the possession and sale of
				  privately owned wildlife held in New Mexico. To provide disease testing and
				  general requirements to protect native wildlife and address human health and
				  safety issues.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 9 - CLASS A PARK AND LAKES › Section 19.35.9.8 - POSSESSION AND RETENTION OF PROTECTED SPECIES LIVE ANIMALS, BIRDS AND FISH

Current through Register Vol. 35, No. 13, July 16, 2024
It shall be unlawful to possess protected species of live
				  animals, birds or fish, as defned in
				  17-2-3
				  NMSA 1978, in New Mexico without frst obtaining appropriate permits issued by
				  the director. Such permits will be issued only for those purposes named in
				  Subsection A of
				  19.31.10.10
				  NMAC as described herein. New permits will not be issued until all conditions
				  and appeal processes, if any, listed herein have been satisfed. A violation of
				  the provisions herein shall subject the permittee or licensee to denial or
				  revocation as described under authority of
				  17-1-14,
				  17-3-34
				  NMSA 1978 and 19.31.2 NMAC.
A. Only
				members of the following families of fish will be considered for retention in
				New Mexico class A lakes or class A -aquaculture/recirculating water systems:
(1) salmonidae;
(2) esocidae;
(3) percichthyidae;
(4)ictaluridae;
(5) centrarchidae; and
(6)percidae
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 9 - CLASS A PARK AND LAKES › Section 19.35.9.9 - POSSESSION CONDITIONS AND HEALTH CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
All live protected species of the families' bovidae,
				  antilocapridae, and cervidae retained in the state of New Mexico shall meet the
				  following criteria:
A. All class A
				parks with cervids must develop and follow a herd plan if any animal is
				identifed to come from a CWD-positive herd, CWD-suspect herd, CWD-exposed herd,
				CWD-trace-back or CWD-trace-forward herd. The herd plan will be developed by
				the CWD response committee:
(1) tissues from
				all CWD-exposed or CWD-suspect animals that die or are depopulated or otherwise
				killed must be collected and tested for CWD as specifed in the herd plan.
				Carcasses and tissues of such animals should be disposed of as specifed in the
				herd plan.
(2) CWD testing specifed
				by the herd plan must be done at the expense of the class A park;
(3) CWD testing shall be done only at a
				laboratory approved by USDA and the department;
(4) laboratory results must be retained by
				the class A park and presented to the department with the annual inventory
				inspection; and
(5) the director
				may require CWD testing of cervids from class A parks not enrolled in the CWD
				herd certification program.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 9 - CLASS A PARK AND LAKES › Section 19.35.9.10 - ANIMAL HEALTH EMERGENCIES

Current through Register Vol. 35, No. 13, July 16, 2024
Upon identification of an animal health emergency, the
				  department shall determine immediate actions to contain, control, and prevent
				  spread of the animal health emergency giving due consideration for public
				  safety. The department will plan for quarantine, isolation, treatment,
				  disinfection, including destruction and disposal. The director will notify and
				  update appropriate public and private entities as needed.
A. Escaped animals: if, in the opinion of the
				director, any escaped animal poses an animal health emergency or a risk to
				animal or public health, the director may employ any and all available means to
				capture and return or to destroy the escaped animals.
B. Reportable diseases and conditions: the
				following diseases are considered to be of significant economic and biological
				risk to humans, wildlife, and domestic animals that, if detected and confirmed
				in wildlife species, are to be immediately reported to the department:
(1) anthrax;
(2) arboviruses;
(3) brucellosis;
(4) chronic wasting disease;
(5) epizootic hemorrhagic disease/bluetongue
				virus;
(6) foot and mouth
				disease;
(7) malignant catarrhal
				fever;
(8) mange;
(9) plague;
(10) rabies;
(11) tuberculosis;
(12) tularemia;
(13) vesicular stomatitis; and
(14) any other disease outbreak of
				significant threat to wildlife populations, livestock health, or human public
				health.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 9 - CLASS A PARK AND LAKES › Section 19.35.9.11 - INTRASTATE TRANSPORTATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.All
				live captive ungulates transported within the state of New Mexico shall:
(1) be legally possessed;
(2) can be transferred only to other class A
				park facilities or to processor for slaughter, or sold for immediate
				consumption;
(3) be shipped
				following all applicable laws;
(4)
				all live ungulates including cervids must be permanently identifed with any two
				of the following devices, one of which must be an offcial animal
				identification. All identification data shall be registered with the
				department:
(a) implanted electronic
				identification device;
(b) ear tag
				with park identification number;
(c) tamper-proof ear tag with imprinted
				national identification number; or
(d) USDA metal ear tags.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 9 - CLASS A PARK AND LAKES › Section 19.35.9.12 - CLASS A PARK AND LAKE AND CLASS A -AQUACULTURE/RECIRCULATING WATER SYSTEM APPLICATION AND PERMITTING OF NEW PARKS

Current through Register Vol. 35, No. 13, July 16, 2024
New class A park and lake applications will be accepted
				  anytime during the license year. All park and lake licenses will expire March
				  31 and must be renewed. Applicants or designee shall provide completely factual
				  information on all application and supplemental material requested, included
				  but not limited to:
A. Name of owner,
				address, telephone number, name of contact person;
B. Complete legal description of park or
				lake, including location (township, range, section); county; size of park or
				lake (surface acres-lake or water; major use of water; a map of suffcient size
				and detail to allow the park or water to be located by someone unfamiliar with
				the area shall be included;
C.
				Species, size, pounds, and number of wildlife to be retained will be
				specifed;
D. Purpose of park or
				lake will be specifed;
E. Each park
				or lake facility shall meet all the specifcations listed on the application
				prior to final approval and no permit will be approved until all conditions and
				inspections have been completed by a department designee; and
F.Inclusion of annual fee for processing of
				application as per 19.30.9 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 9 - CLASS A PARK AND LAKES › Section 19.35.9.13 - RENEWAL OF CLASS A PARKS AND LAKES AND CLASS A - AQUACULTURE/ RECIRCULATING WATER SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
All applicants renewing their class A license shall apply to
				  the department by May 1 of each year and must be received by the close of the
				  business day. Any renewal application received after May 1 will be assessed an
				  administrative fee of $250.00 in addition to the normal application fee. Any
				  class A park or lake or class A - aquaculture/ recirculating water system
				  failing to send in or renew their application by June 1 will be deemed
				  delinquent and revocation action may commence following 19.31.2
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 9 - CLASS A PARK AND LAKES › Section 19.35.9.15 - DENIAL AND REVOCATION

Current through Register Vol. 35, No. 13, July 16, 2024
Each class A park and lake shall be subject to permit denial
				  or revocation if found to be in violation of this rule or Chapter 17 NMSA 1978.
				  No park or lake application will be approved if fencing or other barrier
				  materials where purchased or installed by the department until all costs
				  associated the fencing have been reimbursed back to the department through the
				  appropriate fund.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 10 - PROTECTION FOR AMPHIBIANS AND REPTILES › Section 19.35.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
To prohibit, permit and regulate commercial collecting of
				  free-ranging, native amphibians and reptiles.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 10 - PROTECTION FOR AMPHIBIANS AND REPTILES › Section 19.35.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
17-1-14,
				  17-2-4.1,
				  and
				  17-3-1
				  NMSA 1978 provide that the New Mexico State Game Commission has the authority
				  to establish rules and regulations that it may deem necessary to carry out the
				  purpose of Chapter 17 NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 10 - PROTECTION FOR AMPHIBIANS AND REPTILES › Section 19.35.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Establish procedures and requirements for the take of
				  free-ranging, native amphibians and reptiles for commercial
				  purposes.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 10 - PROTECTION FOR AMPHIBIANS AND REPTILES › Section 19.35.10.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Free Ranging,
				Native Amphibians and Reptiles" are those species and subspecies of amphibians
				and reptiles naturally occurring in New Mexico.
B. "Commercial purpose" shall mean for the
				purpose of sale, barter, or profit. For this regulation, any person in
				possession of the annual bag limit or more than the annual bag limit of
				wild-caught amphibians and reptiles shall be deemed to possess these
				individuals for commercial purposes. In addition, any person in possession of
				more than 50 individuals with unlimited take, shall be deemed to possess these
				individuals for commercial purposes.
C. "Take" shall mean the act of seizing,
				capturing, trapping, killing of free-ranging, native amphibians and
				reptiles.
D. "Annual bag limit"
				shall mean the allowed number of individual, wild-caught amphibians and
				reptiles taken in a license year by a licensed collector.
E. "Fish Bait" shall mean the aquatic larval
				stage of the tiger salamander,
Ambystoma tigrinum
, used for
				baiting fish.
F. "Lizard races"
				shall mean the organized, competitive racing of any lizard not listed as
				threatened or endangered.
G.
				"Rattlesnake Roundup" shall mean an organized public event where the purpose is
				to display, buy, sell, and trade rattlesnakes of the genus
Crotalus
.
H.
				"Captive-bred" shall mean amphibians and reptiles that are hatched or born in
				captivity as a result of captive breeding.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 10 - PROTECTION FOR AMPHIBIANS AND REPTILES › Section 19.35.10.8 - TAKE

Current through Register Vol. 35, No. 13, July 16, 2024
A. It is unlawful
				for any person to take free-ranging, native amphibians and reptiles in New
				Mexico for commercial purposes without purchasing and having in possession a
				valid commercial collecting permit. In addition, nonresidents must purchase and
				also have in their possession a nonresident hunting license listed in Section
				17-3-13
				NMSA 1978 required by law for the year in which the taking is done.
B. It is unlawful to take all free-ranging,
				native amphibians and reptiles species that are Federal or State listed as
				threatened or endangered.
C.
				Exceptions:
(1) When there is an emergency
				situation involving an immediate threat to human life or private property,
				rattlesnakes may be captured, removed, or destroyed without a permit.
(2) No permit is necessary for take of
				free-ranging, native amphibians and reptiles for the purpose of rattlesnake
				roundups, fish bait, or lizard races. A commercial collecting permit is
				required when these species are taken for a commercial purpose.
(3) All other species of snake (other than
				rattlesnakes) collected and displayed for rattlesnake roundups shall not be
				bought, sold, or traded unless the person collecting such snakes is in
				possession of a commercial take permit.
(4) Amphibians and reptiles held in captivity
				prior to July 1, 2001 and their progeny are not subject to these
				regulations.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 10 - PROTECTION FOR AMPHIBIANS AND REPTILES › Section 19.35.10.9 - METHODS OF LEGAL TAKE

Current through Register Vol. 35, No. 13, July 16, 2024
Only the following methods shall be used for the legal,
				  commercial take of free-ranging, native amphibians and reptiles.
A. Field collection, including the use of
				hand-held flashlights or spotlights, provided the collector is not in
				possession of a firearm or other implement whereby any big game animal or
				domestic animal could be killed.
B.
				Collection from road surfaces.
C.
				Lizard nooses, snake grabbers, and snake hooks.
D. Seines, cast nets, and dip nets.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 10 - PROTECTION FOR AMPHIBIANS AND REPTILES › Section 19.35.10.10 - ANNUAL BAG LIMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A list of
				native, free-ranging amphibians and reptiles known to occur in the state of New
				Mexico wherein take is allowed, with the annual bag limit for each, shall be
				established and maintained by the Director of New Mexico Department of Game and
				Fish (Director's Amphibian and Reptile List).
B. It shall be unlawful to exceed the annual
				bag limit of any species of amphibian or reptile listed on the Director's
				Amphibian and Reptile List for the current license year.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 10 - PROTECTION FOR AMPHIBIANS AND REPTILES › Section 19.35.10.11 - PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Commercial
				Collecting Permit: This permit is herein established and required to be
				purchased and in the possession of any person prior to their attempt to take
				any amphibian or reptile for commercial purposes.
B. Availability and expiration: Commercial
				Collecting Permits will be available for purchase through the New Mexico
				Department of Game and Fish. Commercial Collecting Permits are valid only
				during the current license year for which it was purchased. License years runs
				from April 1 through March 31 of the following calendar year. All commercial
				Collecting Permits expire on March 31 of each year.
C. Nonresidents are required to purchase and
				have in their possession a nonresident hunting license listed in Section
				17-3-13
				NMSA 1978 required by law for the year in which the taking is done, in addition
				to the Commercial Collecting Permit.
D. FEE: Each person must pay $50.00 to
				receive a Commercial Collecting Permit.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 10 - PROTECTION FOR AMPHIBIANS AND REPTILES › Section 19.35.10.12 - YEAR-END REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
Each person who purchases a Commercial Collecting Permit is
				  required to file a year-end report on a standardized form approved by the New
				  Mexico Department of Game and Fish.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 36 - WILDLIFE EDUCATION AND TRAINING › Part 3 - HUNTER EDUCATION › Section 19.36.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  17-2-33 through
				  17-2-35 NMSA 1978 create the
				  Hunter Training Act and give the department of game and fish the authority to
				  promulgate rules to implement the provisions of the act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 36 - WILDLIFE EDUCATION AND TRAINING › Part 3 - HUNTER EDUCATION › Section 19.36.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 36 - WILDLIFE EDUCATION AND TRAINING › Part 3 - HUNTER EDUCATION › Section 19.36.3.8 - HUNTER TRAINING COURSE REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
It shall be unlawful for any person under the age of eighteen
				  years to purchase or apply for any type of firearm hunting license unless that
				  person has first successfully completed the New Mexico hunter training course
				  or a hunter training course of another state which is approved by the New
				  Mexico department of game and fish. Effective April 1, 2025, an approved hunter
				  training course of another state may only be utilized by persons age nine (9)
				  years and older.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 36 - WILDLIFE EDUCATION AND TRAINING › Part 3 - HUNTER EDUCATION › Section 19.36.3.9 - TYPES OF COURSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				person under the age of eighteen years who satisfies the requirements of either
				of the following training courses shall be issued a certificate following
				successful completion of a hunter training course:
(1) Completion of an approved hunter training
				course comprised of class work and firearms proficiency training and testing;
				or
(2) completion of an approved
				hunter training course comprised of a written lesson and testing and current
				registration in the department's mentored-youth program.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 36 - WILDLIFE EDUCATION AND TRAINING › Part 3 - HUNTER EDUCATION › Section 19.36.3.10 - PENALTY

Current through Register Vol. 35, No. 13, July 16, 2024
Any person violating the provisions of
				  19.36.3.8 NMAC is guilty of a
				  petty misdemeanor and will be subject to penalties provided in Section
				  31-19-1, New Mexico Statutes
				  Annotated, 1978 Compilation.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 36 - WILDLIFE EDUCATION AND TRAINING › Part 3 - HUNTER EDUCATION › Section 19.36.3.11 - REVOCATION OF HUNTER TRAINING CARD

Current through Register Vol. 35, No. 13, July 16, 2024
A. Hunter training certification will be
				revoked in accordance with 19.31.2 NMAC.
B. Hunter training certification may also be
				revoked for negligent use of a firearm.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 36 - WILDLIFE EDUCATION AND TRAINING › Part 3 - HUNTER EDUCATION › Section 19.36.3.12 - LIVE-FIRING COURSES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Live-firing courses may be taught in conjunction with hunter education classes,
				in accordance with policies and procedures developed by the agency and
				distributed to certified instructors.
B. Live-firing courses may be taught only by
				hunter education instructors certified in live-firing instruction.
New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 1 - ENVIRONMENTAL PROTECTION GENERAL › Part 1 - RULEMAKING PROCEDURES - ENVIRONMENTAL IMPROVEMENT BOARD › Section 20.1.1.2 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is adopted pursuant to Sections
				  14-4-1 to
				  -11, 50-9-12, 74-1-5, 74-1-8, 74-1-9, 74-2-6, 74-3-5, 74-4-5 and 74-9-27 NMSA
				  1978.