New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 8 - GUIDE AND OUTFITTER REGISTRATION › Section 19.30.8.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Accompanied"
shall mean that the outfitter or their registered
				guide physically escorts the hunter-client in the field during the
				hunter-client's license hunt dates.
B.
"Agent"
shall mean a person
				who is legally authorized by employment or written contract to act on behalf of
				a private landowner to oversee the landowner's hunting operation on their
				deeded property.
C.
"Conviction"
shall mean any adjudication of guilt; plea of guilty
				or nolo contendere accepted by the court; or payment of a fine, court cost,
				court order, penalty assessment or forfeiture of collateral; regardless of
				whether sentencing or imposition of sentencing has been deferred or
				suspended.
D.
"Department"
shall mean the New Mexico department of game and
				fish.
E.
"Director"
shall mean the director of the department of game and fish.
F.
"Guide"
shall mean any person
				contracted, employed or accepting compensation for providing, within the unit
				where a hunt occurs, equipment or services for hunting activities; provided,
				however, that "guide" does not include a person who only cooks, cuts wood or
				performs other comparable or incidental duties not directly related to hunting
				activities.
G.
"History of
				violation"
shall mean any one conviction or multiple convictions from
				any law enforcement agency for violation(s) of hunting, fishing, trapping,
				outfitting or guiding rules or land-use regulations, including any conviction
				as an accessory, during the three-year period immediately preceding the
				application for registration, provided that the violation committed, if
				committed in New Mexico, would equal or exceed the 20-point
				equivalent.
H.
"Hunter-client"
shall mean an individual who contracts or utilizes
				the hunting services of a registered outfitter or is taken into the field by a
				person acting as an outfitter or guide regardless of their registration
				status.
I.
"Landowner
				permit"
shall be a license issued pursuant to a landowner
				authorization.
J.
"License
				year"
shall mean that period beginning April 1 and ending March 31 each
				year for the purposes of hunting or outfitter and guide registration.
K.
"New Mexico outfitter"
shall
				mean an outfitter that is qualified by the department in accordance with
				19.30.8.9
				NMAC to participate in the special drawing pool by utilizing their outfitter
				number as established by Section
				17-3-16
				NMSA 1978.
L.
"Outfitter"
shall mean any person who advertises or holds
				themselves out to the public for hire or is employed or accepts compensation
				for providing, within the unit where a hunt occurs, facilities, equipment or
				services for hunting activities; provided, however, that "outfitter" does not
				include a person who only cooks, cuts wood or performs other comparable or
				incidental duties not directly related to hunting activities. Any person who
				purchases landowner permits or private land licenses for a hunter-client or
				pays for access to a landowner's deeded property for a hunter-client in any
				way, shall be considered an outfitter.
M.
"Registered outfitter"
shall
				be an outfitter who has met all the requirements described herein and has been
				issued a current registration by the department.
N.
"Special drawing pool"
shall
				refer to the ten percent allocation of special draw licenses available to the
				public who have contracted with a qualified New Mexico outfitter to provide
				professional guide services.
O.
"Supervision"
shall mean that outfitters are required to ensure
				all guides employed or contracted by them are informed of all pertinent
				geographic hunt boundaries, any special restrictions which apply to their
				hunter-clients license and statutes and rules regarding lawful hunting, guiding
				and outfitting. Supervision also means that outfitters have provided all the
				guidance and oversight that a reasonable business person would provide to their
				employees.