New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 3 - HUNTING AND FISHING LICENSES AND APPLICATION › Section 19.31.3.11 - RESTRICTIONS/REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
One license per big game species per
				year:
It shall be unlawful for anyone to hold more than one permit or
				license for any one big game species during the current license year unless
				otherwise allowed by rule.
B.
Improper license and permit:
Any person who attempts to capture or
				shoot, hunts, kills, injures or takes, in any manner any big-game, small game
				or fur-bearing animal, turkey or game fish other than in accordance with the
				specified hunt code or dates, legal sporting arm, bag limit allowance or area
				designated on a license or permit issued by the department to that person is
				deemed to be hunting, fishing or trapping without a proper license as required
				by Section
				17-3-1 NMSA 1978 unless otherwise
				exempted by a valid commission rule.
C.
Transfer of permits or
				licenses:
The director may grant the transfer of a hunting license or
				permit once it has been determined that prior to the hunt start date, a
				licensee or their official representative provides written, verifiable
				information indicating the licensee has died, sustained an injury or
				life-threatening illness, or has been subject to deployment by the United
				States military that prohibits the licensee from hunting. Transfer requests
				must be submitted in writing prior to the hunt start date. When a transfer of a
				license results in a higher license fee due to differences between the original
				licensee and the new licensee (age, residency, etc.), the difference shall be
				paid prior to issuance of a license or permit.
D.
Refunds:
The director may
				grant the refund of a hunting license once it has been determined that a
				licensee or their official representative provides written, verifiable
				information indicating the licensee has died, sustained an injury or
				life-threatening illness, or has been subject to deployment by the United
				States military that prohibits the licensee from hunting. Refund requests must
				be submitted in writing prior to the hunt start date.
E.
Donation of permits or
				licenses:
Upon written request from a licensee or their official
				representative, the director may grant the donation of a hunting license for
				transfer to a youth 17 years of age or younger, a New Mexico resident veteran
				of the United States military as approved by the New Mexico department of
				veterans' services, or a "first responder" who is a resident of the state of
				New Mexico as defined by Subsection B of Section
				12-10D-2 NMSA 1978 who has been
				qualified through an approved nonprofit organization that promotes hunting,
				fishing and trapping activities. The donor of the license shall not be eligible
				for a refund of license or application fees. When a transfer of a license
				results in a higher license fee due to differences between the original
				licensee and the new licensee (age, residency, etc.), the difference shall be
				paid prior to issuance of a license or permit. The state game commission must
				approve any nonprofit organizations prior to their participation in receiving,
				identifying or submitting recipients for donated licenses or permits. In order
				to be an approved nonprofit organization, the organization must demonstrate to
				the state game commission their history and ability to promote hunting,
				fishing, and trapping activities. A once-in-a-lifetime licensee may be
				reinstated as eligible to participate in future drawings for the same species
				and hunt type if the licensee donated his or her license to an individual
				qualified by an approved nonprofit organization. Donation of a
				once-in-a-lifetime license will not prohibit the donor from applying for and
				receiving another license for the same species and restrictions in the
				future.
F.
More than one
				application:
It shall be unlawful to submit more than one application
				per species for any license or permit issued through a special drawing, unless
				otherwise permitted by regulation.
G.
Handicapped fishing or handicapped
				game hunting license qualifications:
To hold a handicapped fishing or
				handicapped game hunting license, the individual must be a resident of New
				Mexico and must attest to having a severe physical or developmental disability
				that substantially limits one or more major life activities. Reasonable
				accommodation may be made, relating to these licenses, upon request.
H.
Mobility-impaired (MI) deer, elk,
				oryx, or pronghorn license qualifications:
To hold a mobility impaired
				deer, elk, oryx, or pronghorn license, a person must submit verifiable
				documentation on the proper department form that is attested to by a certified
				medical physician that the individual has a permanent mobility restriction
				which limits their activity to a walker, wheelchair, or crutches; or one or
				more permanent disabilities or conditions which substantially limit the
				individual's ability to walk; and then obtain department approval for MI hunt
				eligibility. Every person qualified as MI shall have their card/eligibility
				expire 48 months from the issuance date, and must resubmit their application
				and obtain department approval as required above prior to being eligible to
				apply for any MI hunt.
I.
Youth-only hunts:
Only applicants who are 17 years of age or
				younger on the opening day of the hunt are eligible to apply for or participate
				in any youth-only hunt, including federal youth waterfowl hunt days. Applicants
				must have a valid hunter education certificate number, or mentor youth number
				for appropriate species.
J.
Required information:
An individual making license application
				shall supply the department on the appropriate form with all required personal
				information including, but not limited to name, address, date-of-birth, last
				four digits of his/her social security number prior to an application form
				being processed or a license being awarded.
K.
Military-only hunts:
Applicants must be full time active military and proof of military status must
				be received by the department prior to applying for any military only
				hunt.
L.
Veteran oryx
				hunts:
Only New Mexico resident veterans who served a minimum of 90 days
				active duty service in the U.S. Military, or six continuous years in the
				National Guard or Military Reserve Component, or who were commissioned officers
				of the U.S. Public Health or National Oceanic and Atmospheric Administration
				are eligible to apply for Veteran oryx licenses. Applicants must have been
				honorably discharged from the U.S. military, and must provide a valid DD-214
				prior to applying for any Veteran oryx hunt.
M.
NMDGF customer identification
				number:
It shall be unlawful for an applicant to use another person's
				NMDGF customer identification number or to provide false information to obtain
				a NMDGF customer identification number.
N.
Application fee:
Prior to the
				drawing, all applicants for special hunt drawings for public draw licenses
				shall pay the applicable species license fees including depredation damage
				stamp, the required game hunting license fee and the non-refundable draw
				application fee as defined by
				19.30.9.9 NMAC. Disabled American
				veterans certified as holders of lifetime general hunting and fishing licenses
				are exempt from paying the application fee when applying for deer hunt
				drawings.
O.
License, permit
				and stamp requirements:
A game hunting or game hunting and fishing
				license is required to hunt any small game species, and an annual game hunting
				or game hunting and fishing license is required to apply for or purchase any
				big-game or turkey license (exception: disabled veteran card holders). A
				habitat management and access validation is required in conjunction with any
				hunting, fishing, or trapping license (exceptions: persons under age 18, free
				fishing license holders over age 70, and disabled veteran card holders). A
				habitat stamp is required in conjunction with any hunting, fishing, or trapping
				license on forest service or bureau of land management (BLM) properties
				(exceptions: anglers and trappers under age 12, free fishing license holders
				over age 70, and disabled veteran card holders). Migratory bird hunters must
				possess a Harvest Information Program (HIP) number. Waterfowl hunters must also
				possess a federal duck stamp. Nonresidents must have a nongame hunting license
				or any valid hunting license to hunt unprotected or nongame species. Draw
				permits must be accompanied by the appropriate hunting license(s) and stamp(s).
				Additional permits may be required for specific hunting and fishing activities
				pursuant to
				19.31.6.9 NMAC,
				19.31.5.8 NMAC and
				19.31.4.13 NMAC.
P.
Penalty assessments:
When a
				person is issued a penalty assessment citation for fishing without a license,
				hunting small game without a license, or failing to possess an applicable
				habitat management and access validation, habitat stamp or second rod
				validation; the citation will serve as a license for that specific activity for
				15 calendar days. The person must remit the prescribed penalty amount indicated
				on the face of the citation within 30 days of the date of citation
				issuance.
Q.
Foster family
				fishing license:
To qualify for a free fishing license pursuant to
				Subsection A of 32A-3A-12 NMSA 1978, proof of eligibility must be provided to
				the Department in person. Proof of eligibility includes documentation of New
				Mexico residency and status as a foster parent; a child in the custody of a
				foster parent, the children, youth and family department (CYFD) or tribal
				custody; or a young adult enrolled in the fostering connections
				program.