reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 2 - HUNTING AND FISHING LICENSE REVOCATION › Section 19.31.2.9 - ADMINISTRATIVE REVOCATION CATEGORIES AND POINTS

Current through Register Vol. 35, No. 13, July 16, 2024
Any person may be assessed administrative revocation points
				  for violations as provided below. Any person with 20 or more points accumulated
				  within any consecutive three-year period shall have all of his or her
				  privileges subject to revocation or suspension. An outfitter, guide or
				  applicant's administrative revocation points shall only be against their
				  outfitting or guiding registration unless they have accumulated 20 or more
				  criminal revocation points. Administrative revocation points for landowners or
				  their authorized ranch contact shall only be for the revocation or suspension
				  of their private land program participation privileges unless they have
				  accumulated 20 or more criminal revocation points.
A.
20 points:
(1) outfitter or guide failure to comply with
				registration audit or conditions;
(2) outfitter or guide
				misrepresentation;
(3) outfitter or
				guide failure to disclose;
(4)
				landowner's or authorized ranch contact's misrepresentation or violation of the
				conditions of a contract, application or agreement with the
				department;
(5) any person
				submitting, or allowing to be submitted for them, false or fraudulent harvest
				reporting or pelt tagging information as required by rule; or
(6) any person purchasing a license, permit,
				certificate or registration without sufficient funds to pay or who stops
				payment for same.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 2 - HUNTING AND FISHING LICENSE REVOCATION › Section 19.31.2.11 - REVOCATION AND SUSPENSION PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Revocation:
The department
				shall mail out a NCA when it determines that a person has accumulated 20 or
				more points, or when the commission is contemplating revoking a landowner's or
				authorized ranch contact's private land program privileges to participate in
				any department sponsored private land program or when the department determines
				that there has been a violation of the terms of a permit, license or
				authorization. An NCA shall clearly describe the proposed action and shall
				contain the following:
(1)
Accrual of
				points:
That the respondent has accrued 20 or more violation points
				within a three-year period and they are subject to having their privileges
				revoked.
(2)
Hearing may be
				requested:
That the respondent may secure a hearing before a hearing
				officer designated by the commission by mailing a request for a hearing letter
				to the department at 1 Wildlife Way, Santa Fe, NM 87507 and that a request for
				hearing shall only be deemed timely if it is postmarked within 20 calendar days
				after service of the department's NCA to the respondent.
(3)
Rights of respondent:
A
				person entitled to be heard under this rule shall have the right to be
				represented by counsel or may appear on their own behalf; to present all
				relevant evidence by means of witnesses, papers, documents and other evidence;
				to examine all opposing witnesses who appear on any matter relevant to the
				issues.
(4)
Written
				request:
Upon written request to another party, any party is entitled
				to:
(a) Obtain the names and addresses of
				witnesses who will or may be called by the other party to testify at the
				hearing; and
(b) Inspect and copy
				any documents or items which the other party will or may introduce in evidence
				at the hearing.
(c) The party to
				whom such a request is made shall comply with the request within 20 calendar
				days after the delivery of the request. No such request shall be made less than
				20 calendar days before the hearing.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 2 - HUNTING AND FISHING LICENSE REVOCATION › Section 19.31.2.12 - NO HEARING REQUESTED

Current through Register Vol. 35, No. 13, July 16, 2024
If a respondent does not mail a request for a hearing within
				  the time frame and in the manner required by this rule, or the notice mailed by
				  the department is returned as undeliverable or unclaimed at the address the
				  department has on file, the commission may take the action contemplated in the
				  notice and such action shall be final and not subject to judicial
				  review.
A. The commission shall
				consider the department's submission of names of respondents who have not
				requested a hearing at a properly scheduled commission meeting and the
				respondent's privileges shall be automatically revoked or suspended pursuant to
				this rule.
B. Within 20 days after
				the commission's decision is rendered and signed by the chairperson of the
				commission, the department shall serve upon the respondent a copy of the
				written decision.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 2 - HUNTING AND FISHING LICENSE REVOCATION › Section 19.31.2.13 - HEARING REQUESTED

Current through Register Vol. 35, No. 13, July 16, 2024
If a respondent requests a hearing as provided by this rule,
				  the department, within 20 calendar days of receipt of such request, shall
				  notify the respondent of the time and place of the hearing, the name or names
				  of the person or persons who shall conduct the hearing for the commission, and
				  the statutes and rules authorizing the commission to take the contemplated
				  action. The hearing shall be held not more than 90 or less than 30 days from
				  the date of service of such notice unless a continuance is granted to either
				  party by the hearing officer. If a continuance has been requested by the
				  department and granted by the hearing officer the hearing shall be rescheduled
				  within 60 days from the original hearing date. If a continuance has been
				  requested by the violator and granted by the hearing officer all timelines are
				  waived for the hearing. Continuances may only be granted for good cause. The
				  decision to grant or deny a continuance is at the sole discretion of the
				  hearing officer.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 2 - HUNTING AND FISHING LICENSE REVOCATION › Section 19.31.2.14 - STIPULATED AGREEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
At the department's discretion, a person entitled to be heard
				  under this rule for a first-time revocation may enter into a written stipulated
				  agreement with the department. Signing such an agreement shall waive the
				  person's right to a hearing and the filing of a written exception. The
				  agreement shall be presented to the commission as the department's
				  recommendation and the commission retains authority for the final
				  decision.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 2 - HUNTING AND FISHING LICENSE REVOCATION › Section 19.31.2.15 - METHOD OF SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any NCA,
				notice of hearing or written decision by the commission shall be served by
				certified mail, return receipt requested, directed to the respondent, at their
				last known address as shown by the records of the department of game and fish.
				Notice by certified mail shall be deemed to have been served on the date born
				by the return receipt showing delivery or the last attempted delivery of the
				notice or decision to the respondent or refusal to accept delivery of the
				notice or decision.
B. Any NOS
				shall be given either by personal delivery to the person to be notified or by
				deposit in the United States mail, addressed to the person at the address as
				shown by the records of the department of game and fish. The giving of notice
				by mail is complete upon the expiration of seven days after deposit of the
				notice in the mail. Proof of the giving of notice in either manner may be made
				by the certificate of any officer or employee of the department, naming the
				person to whom the notice was given and specifying the time, place and manner
				of the giving of the notice. Notice is given when a person refuses to accept
				notice.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 2 - HUNTING AND FISHING LICENSE REVOCATION › Section 19.31.2.16 - VENUE

Current through Register Vol. 35, No. 13, July 16, 2024
Hearings held under this rule shall be conducted in Santa Fe
				  county or Bernalillo county, New Mexico. Under exigent circumstances, and at
				  the discretion of the hearing officer, the hearing may be held in another
				  county in New Mexico. Hearings may be conducted in person, via video
				  conference, telephone or other equivalent electronic method with the approval
				  of the hearing officer. Witnesses may appear in person, via video conference,
				  telephone or other equivalent electronic method.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 2 - HUNTING AND FISHING LICENSE REVOCATION › Section 19.31.2.17 - HEARING OFFICER

Current through Register Vol. 35, No. 13, July 16, 2024
All hearings under this rule shall be conducted by a hearing
				  officer who is designated by the commission. The hearing officer may be
				  disqualified as provided for under the rules of civil procedure by filing an
				  affidavit of disqualification with the department.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 2 - HUNTING AND FISHING LICENSE REVOCATION › Section 19.31.2.18 - RULES OF EVIDENCE

Current through Register Vol. 35, No. 13, July 16, 2024
The hearing officer shall consider a certified copy or a
				  filed copy of a conviction from any court of competent jurisdiction as
				  conclusive evidence of a violation of Chapter 17 NMSA 1978, Section
				  30-14-1 NMSA
				  1978 or commission rule. In cases where court records associated with a
				  conviction are not available, the official form of the records maintained by
				  either the court or the department of game and fish shall be admissible. These
				  records shall also stand as conclusive evidence of a violation of Chapter 17
				  NMSA 1978, Section
				  30-14-1 NMSA
				  1978 or commission rule. In the case of hearings in which a criminal conviction
				  is not germane, the standard of proof shall be a preponderance of the
				  evidence.
A.
Admission of
				evidence:
In proceedings held under this regulation, the hearing officer
				may admit any evidence and may give probative effect to evidence that is of a
				kind commonly relied on by reasonably prudent people in the conduct of serious
				affairs. The hearing officer may, at their discretion, exclude incompetent,
				irrelevant, immaterial and unduly repetitious evidence. Documentary evidence
				may be received in the form of copies or excerpts. All parties appearing via
				telephone, videoconference, or other electronic method shall provide the
				department with a working email address or facsimile number for the exchange of
				all documentary evidence before or during the hearing.
B.
Judicial notice:
The hearing
				officer may take notice of judicially cognizable facts.
C.
Rules of privilege:
The rules
				of privilege shall be effective to the extent that they are required to be
				recognized in civil actions in district courts of the state of New
				Mexico.
D.
Mitigating or
				aggravating circumstances:
The hearing officer may consider mitigating,
				extenuating and aggravating circumstances surrounding the violations of game
				and fish laws and rules to determine the recommended period of the revocation
				or suspension.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 2 - HUNTING AND FISHING LICENSE REVOCATION › Section 19.31.2.19 - HEARING AND POST-HEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Hearing closed to the public:
All hearings conducted under this rule shall be closed to the
				public.
B.
Hearing
				interpreter provided:
The department shall provide technology or an
				interpreter for individuals requesting a hearing who provide proof of hearing
				impairment to the extent that they cannot understand voice communications. The
				respondent must give written notice of this need to the department at the time
				they request a hearing or no less than 30 calendar days prior to their
				hearing.
C.
Language
				interpreter:
A party needing language interpreter services for
				translation of one language into another is responsible for arranging such
				service for the hearing. While the person serving as an interpreter need not be
				a court-certified interpreter in order to provide interpretation at a hearing,
				any person serving as an interpreter must affirm the interpreter's oath
				applicable in courts across this state. Any respondent who intends to bring a
				language interpreter shall notify the department of this at the time they
				request a hearing or no less than 30 calendar days prior to their
				hearing.
D.
Record of
				hearing:
In all hearings conducted under this rule, the hearing officer
				shall cause a complete record to be made by audio recording and shall preserve
				all evidence received. The hearing officer shall observe any standards
				pertaining to audio recordings established for the district courts of this
				state.
E.
Post-hearing
				briefs:
The hearing officer may require post-hearing briefs, proposed
				findings of fact and conclusions of law, or both.
F.
Hearing officer's report:
Within 20 calendar days of any hearing, the hearing officer shall make and
				submit to the department a report setting forth his or her findings of fact,
				conclusions of law and recommended decision.
G.
Report copies to parties:
The
				department shall serve a copy of the recommended decision on the parties by
				email or if specifically requested by the respondent, by certified mail with
				return receipt requested.
H.
Filing of exceptions to hearing officer's report:
The parties to
				the proceeding may file exceptions, or supporting briefs, to a hearing
				officer's recommended decision within a time period set by the hearing officer
				or within 30 calendar days of the hearing if not otherwise specified by the
				hearing officer. Exceptions shall not contain matters unrelated to or outside
				the scope of the hearing.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 2 - HUNTING AND FISHING LICENSE REVOCATION › Section 19.31.2.20 - FINAL DECISION OF THE COMMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Review and consideration of hearing
				officer's report and filed exceptions and briefs:
After a hearing has
				been completed, the commission shall review and consider the hearing officer's
				report and any filed exceptions or briefs to the recommended
				decision.
B.
No oral
				arguments; no new evidence:
The commission shall not permit any oral
				arguments. The commission shall not consider any evidence outside of the
				hearing officer's report and filed exceptions or briefs.
C.
Final decision:
The
				commission's final decision shall be made by a quorum of the commission at a
				properly scheduled commission meeting.
D.
Written decision served:
Within 20 calendar days after the commission's decision is rendered and signed
				by the chairperson of the commission, the department shall serve upon the
				respondent a copy of the written decision.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 2 - HUNTING AND FISHING LICENSE REVOCATION › Section 19.31.2.21 - JUDICIAL REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with Section
				  17-3-34
				  NMSA 1978, any person whose privileges have been revoked by the commission or
				  department, and who has requested and received a hearing, may appeal to the
				  district court for further relief. Upon appeal, the district court shall set
				  aside, reverse or remand the decision only if it determines:
A. the agency, commission or hearing officer
				acted fraudulently, arbitrarily or capriciously;
B. the final decision was not supported by
				substantial evidence; or
C. the
				agency did not act in accordance with law.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 2 - HUNTING AND FISHING LICENSE REVOCATION › Section 19.31.2.22 - INTERSTATE WILDLIFE VIOLATOR COMPACT SUSPENSION AND REVOCATION

Current through Register Vol. 35, No. 13, July 16, 2024
Any person whose name appears on the Interstate Wildlife
				  Violator Compact (IWVC) list and whose privileges have been suspended or
				  revoked in another state and whose convictions have been verified by the
				  department as constituting 20 or more points if committed in New Mexico shall
				  be reciprocally suspended or revoked immediately for the time frame indicated
				  by the originating state. Any resident who fails to comply with the terms of a
				  citation including failure to appear, from a member state shall have his or her
				  privileges suspended immediately until they have complied with the court
				  appearance or citation requirements in the other state.
A.
Notice procedures:
The
				information provided by the board of wildlife violator compact administrators
				or their designee shall be deemed sufficient to allow the department by and
				through its director to suspend the violator and send the same violator a NOS
				in which the department will notify the violator of their right to contest the
				suspension or revocation.
B.
Contesting procedures:
A person wishing to contest their IWVC
				reciprocal suspension or revocation in New Mexico must provide evidence to the
				department which shows:
(1) the violation(s)
				leading to a revocation or suspension in another state, if committed in New
				Mexico, would not have accrued 20 or more points; or
(2) the respondent is not the person whose
				name appears on the wildlife violator compact list as being revoked by another
				wildlife violator compact member state; or
(3) the revocation or suspension in the other
				wildlife violator compact member state ended or has been rescinded.
(4) If a suspension or revocation is
				contested and the department determines that the person suspended or revoked
				should be reinstated, they will do so immediately. Any person who is not
				satisfied with the department's determination after contesting their IWVC
				suspension or revocation may appeal the department's decision in writing to the
				director within 20 calendar days of the department's decision. The director
				shall consider all evidence presented by both the department and the suspended
				or revoked person and shall have the final decision on whether a contested IWVC
				reciprocal suspension or revocation will be upheld or rescinded.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 2 - HUNTING AND FISHING LICENSE REVOCATION › Section 19.31.2.23 - PARENTAL RESPONSIBILITY ACT

Current through Register Vol. 35, No. 13, July 16, 2024
Any person listed as in violation of the PRA by HSD shall
				  have their privileges suspended until they are in compliance with the PRA and
				  have paid the reinstatement fee to the department. In cases where the person
				  can show the department that they were incorrectly placed on that month's list
				  they shall not be required to pay the reinstatement fee and shall be reinstated
				  immediately.
A.
Notice
				procedures:
When the department receives a HSD certified list of
				obligors not in compliance with the PRA, the department shall send a NOS to any
				named obligor in the department's database. The NOS shall inform the obligor
				that their privileges have been suspended until they are in compliance with the
				PRA and have paid the department reinstatement fee.
B.
Notification to the
				commission:
The department shall notify the commission of the number of
				individuals suspended pursuant to this section at a properly scheduled
				commission meeting after the director has acted to suspend such
				individuals.
C.
Reinstatement
				fee:
Any person whose privileges have been suspended in accordance with
				the PRA shall be reinstated after demonstrating proof of compliance from the
				HSD, and having paid the department of game and fish a reinstatement fee of
				$25. The director has the authority to waive this fee in the case of unusual
				circumstances or clerical errors.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 2 - HUNTING AND FISHING LICENSE REVOCATION › Section 19.31.2.24 - FAILURE TO APPEAR, FAILURE TO PAY PENALTY ASSESSMENT OR CIVIL JUDGEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with Section
				  17-2-10.3
				  NMSA 1978 the privileges of a person who fails to comply with the terms of a
				  citation including failure to appear in court after proper notice for a hearing
				  as required by law, a person who fails to pay a penalty assessment levied
				  pursuant to Section
				  17-2-10.1
				  NMSA 1978, or a person who has a civil judgment assessed against them or who
				  has entered into a voluntary civil assessment payment plan pursuant to Section
				  17-2-26 NMSA
				  1978, shall be suspended until in compliance or the amount owed to the
				  department has been paid in full.
A.
Notice procedures:
The department shall send a NOS to any person
				who meets the criteria listed in this section. The NOS shall inform the
				respondent that their privileges have been suspended until they come into
				compliance with the law or pays the amount owed in full.
B.
Notification to the
				commission:
The department shall notify the commission of the number of
				individuals suspended pursuant to this section at a properly scheduled
				commission meeting after the director has acted to suspend such
				individuals.
C.
Reinstatement:
Any person whose privileges have been suspended in
				accordance with this section shall be reinstated after paying their outstanding
				penalty assessment(s) or civil judgement(s) in full or upon coming into
				compliance with any court order to appear and having any warrant issued
				resolved.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 3 - HUNTING AND FISHING LICENSES AND APPLICATION › Section 19.31.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Sports persons interested in fishing, hunting and trapping
				  and management of big game and furbearers in New Mexico. Additional
				  requirements may be found in Chapter 17 NMSA 1978 and other Parts of Title 19,
				  Chapter 31 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 3 - HUNTING AND FISHING LICENSES AND APPLICATION › Section 19.31.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  17-1-14,
				  17-1-26,
				  17-3-2,
				  17-3-5,
				  17-3-7,
				  17-3-13,
				  17-3-14,
				  and
				  17-3-14.1
				  NMSA 1978, which pertain to the types of licenses and permits available and
				  grant the state game commission authority to create regulations setting the
				  license fees and application procedure.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 3 - HUNTING AND FISHING LICENSES AND APPLICATION › Section 19.31.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2023, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 3 - HUNTING AND FISHING LICENSES AND APPLICATION › Section 19.31.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Basic regulation, rules and procedures governing the issuance
				  of licenses, permits and stamps, as well as special draw permits and licenses
				  issued by the department pertaining to deer, elk, pronghorn, bighorn sheep,
				  Barbary sheep, bear, turkey, oryx, ibex, javelina, furbearers, small game and
				  other species determined by the state game commission.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 3 - HUNTING AND FISHING LICENSES AND APPLICATION › Section 19.31.3.8 - PUBLIC DRAW LICENSES AND PERMITS - APPLICATION FOR

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Application form:
Application for all public licenses and permits
				shall be submitted via the department website.
B.
Application deadline(s):
Applications for all public licenses and permits, including population
				management hunts, Sandhill crane, pheasant, turkey, pronghorn, elk, Barbary
				sheep, bighorn sheep, bear, deer, oryx, javelina, and ibex hunts must be
				received by 5:00 p.m. on dates set by the state game commission. If any
				licenses or permits are available after the drawing is completed, those
				licenses or permits may be sold online via secondary sale.
C.
One applicant per
				application:
No more than one person may apply under each application
				number for bighorn sheep, bear, and GMU 5A private land deer.
D.
Two applicants per
				application:
No more than two persons may apply under the same
				application number for youth-only Sandhill crane, youth-only pheasant, turkey,
				ibex and oryx.
E.
Four
				applicants per application:
No more than four persons may apply under
				the same application number for Sandhill crane, pheasant, deer, elk, pronghorn,
				Barbary sheep and javelina.
F.
Resident and non-resident application combination:
Any mixture or
				combination of residents and non-residents may make application for special
				drawing providing the number of applicants does not exceed the restriction of
				this section (Subsection D or E).
G.
Applications rejected:
Applications for licenses may be rejected by the department if an applicant did
				not:
(1) apply on the proper online form as
				designated by the director;
(2)
				submit the correct or required information;
(3) submit the correct license or application
				fee, and any other required fee;
(4) meet the deadline date; or
(5) comply with a current statute or
				rule.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 3 - HUNTING AND FISHING LICENSES AND APPLICATION › Section 19.31.3.9 - PRIVATE LAND - ELK LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Private land
				licenses for elk will not be issued through the public draw.
B. The amount due for a private land elk
				license in the primary and special management zones as defined in 19.31.14 NMAC
				shall be composed of the "landowner authorization certificate" fee and the
				appropriate "certificate of application" fee as defined in 19.30.9 NMAC, and
				the appropriate license fees as defined in Sections
				17-3-13
				and
				17-3-7
				NMSA 1978.
C. Licenses for primary
				and special management zones will be issued only up to the number of
				authorizations allotted for each ranch and only to persons who provide a valid
				authorization and ranch number and pay the appropriate fees.
D. Ranch codes allowing purchase of
				private-land elk licenses in the secondary management zone, as defined in
				19.31.14 NMAC, will be issued to landowners in accordance with 19.30.5
				NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 3 - HUNTING AND FISHING LICENSES AND APPLICATION › Section 19.31.3.10 - NEW MEXICO RESIDENT MILITARY AND VETERAN DISCOUNT

Current through Register Vol. 35, No. 13, July 16, 2024
A. A New Mexico
				resident, as defined in Section
				17-3-4 NMSA
				1978, who is active duty military or a veteran of the United States military as
				defined by the New Mexico department of veterans' services is eligible for a
				fifty percent discount on all licenses, permits and stamps as defined in
				19.30.9 NMAC and in Section
				17-3-13
				NMSA 1978. Exceptions: No discount shall apply to the resident, disabled
				veteran game hunting and fishing combination license, or to any administrative
				fee, including the "landowner authorization certificate" fee, the "certificate
				of application" fee, and the license vendor fee.
B. Nonresident military personnel stationed
				on Fort Bliss who qualify for resident prices on big-game hunts that occur on
				Fort Bliss are not eligible for the resident military and veteran
				discount.
C. The department shall
				conduct audits to determine eligibility for benefits as defined under
				19.31.3.10 NMAC. Failure to provide requested documentation within the
				timeframe specified by the department shall result in the removal of the
				discount and suspension of any future discounts until such time as the
				requested documents are received and verified.
D. Any license, permit or stamp obtained by
				falsely claiming this discount is unlawful.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 3 - HUNTING AND FISHING LICENSES AND APPLICATION › Section 19.31.3.12 - DENIAL OR REVOCATION

Current through Register Vol. 35, No. 13, July 16, 2024
Any applicant for any license, permit, certificate or
				  registration will be automatically rejected if their name and other identifying
				  factors appears on the department's revocation list or a list of provided by
				  the wildlife violator compact.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 4 - FISHERIES › Section 19.31.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Sportfishing. Additional requirements may be found in Chapter
				  17 NMSA 1978 and Chapters 30 through 34 of Title 19 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 4 - FISHERIES › Section 19.31.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
17-1-14 and 17-1-26, and 17-2-1 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 and all other acts pertaining to protected species.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 4 - FISHERIES › Section 19.31.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Establishing open seasons, bag limits, and other rules
				  pertaining to management and harvest of the fisheries resources of New
				  Mexico.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 4 - FISHERIES › Section 19.31.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Specific terms as used in this regulation are
				  defined.
A.
"Angling"
shall mean taking or attempting to take fish by hook and line, with the line
				held in the hand or attached to a pole or rod or other device that is held in
				the hand or closely attended. "Fishing" shall be synonymous to
				"angling".
B.
"Bait
				fish"
is defined as those nongame fish which are not otherwise protected
				by statute or regulation.
C.
"Barbless lure or fly"
shall mean an artificial lure made of wood,
				metal, or hard plastic or an artificial fly made from fur, feathers, other
				animal or man-made materials tied onto a hook to resemble or simulate insects,
				bait fish, or other foods. A fly or lure may only bear a single hook, from
				which any or all barbs must be removed or bent completely closed, or which are
				manufactured without barbs. Living or dead arthropods and annelids, or rubber
				or plastic moldings of these or other foods are not included.
D.
Boundary descriptions
(1) ,
"U.S."
as used in boundary
				descriptions herein, shall mean United States highway.
(2)
"N.M."
, as used in boundary
				descriptions herein, shall mean New Mexico state road.
(3)
"I"
, as used in boundary
				descriptions herein, shall mean interstate highway.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 4 - FISHERIES › Section 19.31.4.9 - SEASON DATES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General
				seasons:
All waters in New Mexico shall be open for the taking of game
				fish from April 1 through March 31 of the effective years, with the following
				exceptions:
(1) Special waters
(a) The following waters shall be open
				between 12 noon March 1 through 12 noon October 31: upper and lower Charette
				lakes, Maxwell lakes 13 and 14, and Clayton lake.
(b) All waters in the Valle Vidal (Vermejo
				tract of the Carson national forest) shall be open from July 1 through December
				31.
(c) Laguna del Campo at Los
				Ojos state fish hatchery shall be open from May 1 through October 31.
(d) Red River city ponds shall be open from
				March 1 through November 15.
(e)
				Black Canyon creek from the forest road 150 (North Star Mesa road) crossing
				upstream to its headwaters and Mogollon creek in Grant and Catron counties
				upstream from waterfall barrier near intersection of FS trail 153 to confluence
				of Trail canyon shall be open from July 1 through October 31.
(f) All waters on the Valles Caldera national
				preserve shall be open from May 1 to October 15.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 4 - FISHERIES › Section 19.31.4.10 - HOURS OF FISHING

Current through Register Vol. 35, No. 13, July 16, 2024
Day and night fishing for all species of game fish shall be
				  permitted in all waters during the open season, except it shall be unlawful to
				  fish in any water outside of hours and dates posted by any local, state, or
				  federal agency.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 4 - FISHERIES › Section 19.31.4.12 - SIZE LIMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Black
				basses
(1) Any largemouth or spotted
				bass taken which is less than 14 inches long shall be immediately returned to
				the water.
(2) Any smallmouth bass
				taken which is less than 12 inches long shall be immediately returned to the
				water with the following exceptions:
(a) In
				San Miguel and Quay counties: Ute and Conchas reservoirs, any smallmouth bass
				taken which is less than 14 inches long shall be immediately returned to the
				water.
(b) In Rio Arriba and Taos
				counties: Rio Grande, there shall be no size limit on smallmouth
				bass.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 4 - FISHERIES › Section 19.31.4.13 - GILA TROUT PERMIT REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
Every person angling for fish on those sections of the
				  following waters must be in possession of a Gila trout permit, issued in their
				  name by the department or its designee. In Grant county: Black canyon upstream
				  of its confluence with the East fork Gila River and Sapillo creek; In Catron
				  county: West fork Gila river, Whitewater creek from Catwalk National Recreation
				  Trail parking area upstream to headwaters including all tributaries, Mineral
				  creek including all tributaries, and waters upstream from the confluence of
				  Gilita creek and Snow creek including Gilita, Willow and Little Turkey creeks;
				  In Grant and Catron counties: the area from the Middle fork Gila river and West
				  fork Gila river confluence downstream to the East fork Gila river confluence
				  and Mogollon creek upstream from the waterfall barrier near intersection of FS
				  trail 153 to confluence of Trail canyon. A photocopy, duplicate copy or
				  computer printout of this permit will suffice as evidence of receiving such
				  permit.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 4 - FISHERIES › Section 19.31.4.14 - WATERS WITH AGE OR INDIVIDUALS WITH DISABILITIES USE RESTRICTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Only persons 11
				years of age and younger may fish in the following waters: Harris Pond; brood
				pond at Seven Springs state fish hatchery; Shuree kids' pond on Valle Vidal
				(Vermejo tract-Carson national forest); Spring river park pond in Roswell;
				Conservancy park/Tingley beach kids' pond; hatchery settling ponds located at
				the Rock Lake state fish hatchery; and Alto Kids' Pond.
B. Only persons 11 years of age and younger,
				those 65 years and older, and individuals with disabilities may fish in the
				following waters: Blue Hole park pond; posted small pond at Cowles; Harry
				McAdams park ponds; Red River city middle kids' pond; and Red River hatchery
				pond located at the Red River state fish hatchery.
C.
Laguna del Campo:
Only
				persons 14 years of age and younger, those 65 years and older, individuals with
				disabilities, or up to two parents/guardians in direct supervision of a child
				or children 14 years of age and under who are fishing, may fish in Laguna del
				Campo located near Los Ojos trout hatchery.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 4 - FISHERIES › Section 19.31.4.15 - CLOSED WATERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Waters
				closed to fishing:
(1) In Catron
				county: Big Dry creek from Golden link cabin upstream through its
				headwaters.
(2) In Catron county:
				Little creek from the "barrier" upstream through all tributaries.
(3) In Catron county: Spruce creek.
(4) In Catron and Sierra counties: Main
				Diamond creek above the point of confluence with south Diamond creek.
(5) In Catron and Sierra counties: South
				Diamond creek drainage.
(6) In
				Colfax county: a posted area lying within 300 feet of Eagle Nest dam, which is
				closed to entry.
(7) In Colfax
				county: a posted area of Stubblefield and Laguna Madre lakes lying within 150
				feet of the outlet structures.
(8)
				In Grant county: east fork of Mogollon creek upstream of Trail canyon including
				Woodrow canyon.
(9) In Grant
				county: Sheep Corral creek.
(10) In
				Lincoln county: posted areas of Alto reservoir and Bonito lake near the
				outlets.
(11) In Catron county: All
				tributaries of the West fork of the Gila river above waterfalls between FS
				Trail No. 151 crossing of the West fork of the Gila river near White creek
				cabin and FS Trail No. 151 crossing of the West fork of the Gila river near
				Liley canyon. Mainstem of the West fork of the Gila river will be open to
				fishing.
(12) In Catron county:
				Iron creek in the Gila wilderness upstream of the constructed waterfall barrier
				located in T12SR17WSec16NE.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 4 - FISHERIES › Section 19.31.4.16 - ESTABLISHING FREE FISHING WEEKENDS

Current through Register Vol. 35, No. 13, July 16, 2024
The first consecutive Saturday and Sunday in June and the
				  last consecutive Saturday and Sunday in September during the effective dates of
				  this regulation, are established as free fishing weekends whereby anglers may
				  fish public waters in New Mexico as otherwise provided by regulation without a
				  fishing license, stamps or paying any license fees. Anglers must abide by all
				  other fishing laws including but not limited to bag limits, tackle
				  restrictions, age restrictions and hours during each free fishing
				  weekend.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 5 - UPLAND GAME › Section 19.31.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Sportspersons interested in upland game management and
				  hunting. Additional requirements may be found in Chapter 17 NMSA 1978 and Title
				  19 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 5 - UPLAND GAME › Section 19.31.5.3 - 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
				  mammals, birds and fish.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 5 - UPLAND GAME › Section 19.31.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Establishing seasons on dusky grouse, Eurasian collared-dove,
				  pheasant, Gambel's quail, Montezuma quail, northern bobwhite, scaled quail,
				  tree squirrels, and setting falconry seasons.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 5 - UPLAND GAME › Section 19.31.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Department"
shall mean the New Mexico department of game and
				fish.
B.
"Falconry"
shall mean hunting game mammals or game birds using raptors.
C.
"Possession limit"
shall mean
				the number of game mammals or game birds in a person's possession regardless of
				the location stored.
D.
"Tree
				squirrels"
shall mean squirrels in the genera
Sciurus
and
Tamiasciurus
, including Abert's squirrel, red squirrel,
				Arizona gray squirrel, fox squirrel and eastern gray squirrel.
E.
"Wildlife management areas" or
				"WMAs"
shall mean those areas as described in 19.34.5 NMAC, Wildlife
				Management Areas.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 5 - UPLAND GAME › Section 19.31.5.8 - MANNER AND METHODS FOR UPLAND GAME

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Season and hours:
Upland game
				may be hunted or taken only during open seasons and only during the period from
				one-half hour before sunrise to one-half hour after sunset, unless otherwise
				allowed or restricted by rule.
(1) On
				Bernardo, Casa Colorada, La Joya, and W.S. Huey WMAs, hunting hours shall be
				from one-half hour before sunrise to 1:00 p.m.
(2) For the special permit pheasant hunts on
				W.S. Huey WMA, hunting hours shall be from one-half hour before sunrise to
				one-half hour after sunset.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 5 - UPLAND GAME › Section 19.31.5.9 - UPLAND GAME HUNTING SEASONS

Current through Register Vol. 35, No. 13, July 16, 2024
Hunting seasons shall be as indicated below.
SPECIES
OPEN AREAS
DATES
DAILY BAG (POSSESSION) LIMITS
Eurasian collared-dove
Statewide
April 1 - March 31
no bag or possession limit
dusky grouse
Statewide
Sept. 1 - Dec. 31 annually
3 (6 in possession)
pheasant
Statewide
Dec. 8-11, 2022
Dec. 7-10, 2023
Dec. 12-15, 2024
Dec. 11-14, 2025
3 males (6 in possession)
quail
Statewide
Nov. 15 - Feb. 15 annually
15, singly or in aggregate; no more than 5 shall be
								Montezuma quail (possession shall be 30 singly or in aggregate - no more than
								10 shall be Montezuma quail)
tree squirrel
Statewide
Sept. 1 - Dec. 31 annually
8, singly or in aggregate (possession shall be 16
								singly or in aggregate)
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 5 - UPLAND GAME › Section 19.31.5.10 - HUNT CODES AND PERMIT NUMBERS FOR SPECIAL DRAW PHEASANT HUNTS

Current through Register Vol. 35, No. 13, July 16, 2024
HUNT LOCATION
2022 SEASON
2023 SEASON
2024 SEASON
2025 SEASON
HUNT CODE
NO. OF PERMITS
BAG LIMIT
youth-only Bernardo, Casa Colorada, and La Joya
								WMAs
Oct. 15
Oct. 21
Oct. 19
Oct. 18
PHE-0-001
20
3 males
youth-only W.S. Huey WMA
Dec. 3
Dec. 2
Dec. 7
Dec. 6
PHE-0-002
40
3 males
W.S. Huey WMA
Dec. 10
Dec. 9
Dec. 14
Dec. 13
PHE-0-003
40
3 males
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 5 - UPLAND GAME › Section 19.31.5.11 - FALCONRY SEASONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Open
				areas and season dates:
The season for dusky grouse, pheasants, quail
				and tree squirrels shall be statewide and shall be open September 1 through
				February 28 annually. For Eurasian collared-dove, all areas statewide are open
				year round, except as prohibited by rule.
B.
Daily bag and possession
				limits:
Daily bag limits for dusky grouse, pheasant, and quail shall be
				three birds (in the aggregate) and three tree squirrels (in the aggregate).
				Possession limits shall be: dusky grouse-six; pheasant-six; quail-30 (singly or
				in the aggregate); tree squirrels-16 (singly or in the aggregate). There is no
				bag or possession limit for Eurasian collared-dove.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 6 - MIGRATORY GAME BIRD › Section 19.31.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Sportspersons interested in migratory game bird management
				  and hunting. Additional requirements may be found in Chapter 17 NMSA 1978 and
				  Title 19 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 6 - MIGRATORY GAME BIRD › Section 19.31.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  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 mammals, birds and
				  fish.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 6 - MIGRATORY GAME BIRD › Section 19.31.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 1, 2023, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 6 - MIGRATORY GAME BIRD › Section 19.31.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Establishing open hunting seasons, regulations, rules and
				  procedures governing the issuance of migratory game bird licenses and permits
				  by the department.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 6 - MIGRATORY GAME BIRD › Section 19.31.6.8 - ADJUSTMENT OF SANDHILL CRANE PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
The director, with verbal concurrence of the chairperson or
				  their designee, may adjust the number of permits to address significant changes
				  in harvest levels. This adjustment may be applied to any or all of the entry
				  hunt codes.