reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 27 - UNDERGROUND WATER › Part 68 - EXTENSION OF THE LEA COUNTY, FORT SUMNER AND CURRY COUNTY UNDERGROUND WATER BASINS › Section 19.27.68.9 - BOUNDARY DESCRIPTION OF THE EXTENDED AREA OF THE FORT SUMNER UNDERGROUND WATER BASIN

Current through Register Vol. 35, No. 13, July 16, 2024
Beginning at the southwest corner of section 35, township 2
				  north, range 30 east, NMPM; thence north along section lines to the northwest
				  corner of section 23, township 3 north, range 30 east, NMPM; thence east along
				  section line to the northeast corner of section 23, township 3 north, range 30
				  east, NMPM; thence north along section line to the northwest corner of section
				  13, township 3 north, range 30 east, NMPM; thence east along section line to
				  the northeast corner of section 13, township 3 north, range 30 east, NMPM;
				  thence south along range lines to the southeast corner of section 36, township
				  2 north, range 30 east, NMPM; thence west along township line to the southwest
				  corner of section 35, township 2 north, range 30 east, NMPM, being the point of
				  origin.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 2 - DEPREDATION ASSISTANCE › Section 19.30.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Agricultural producers, property owners and sportsmen.
				  Additional requirements may be found in Chapter 17 NMSA 1978 and Chapters 30,
				  31, 32 and 33 of Title 19.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 2 - DEPREDATION ASSISTANCE › Section 19.30.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
17-1-14,
				  17-1-26,
				  17-2-7.2,
				  17-2-10,
				  17-2-26,
				  17-3-13.3,
				  17-3-13.4,
				  17-3-31,and
				  17-5-3
				  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 30 - WILDLIFE ADMINISTRATION › Part 2 - DEPREDATION ASSISTANCE › Section 19.30.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 13, 1996, unless a different date is cited at the end
				  of a section or paragraph.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 2 - DEPREDATION ASSISTANCE › Section 19.30.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Establish procedures and limits for the handling of
				  depredation caused by protected wildlife species on privately owned or
				  leasehold interest land. Establish procedures and requirements for the big game
				  depredation damage stamp.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 2 - DEPREDATION ASSISTANCE › Section 19.30.2.8 - TECHNIQUES/INTERVENTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Reporting: A
				landowner, lessee, or employee, upon recognizing depredation, shall contact the
				department of game and fish by toll-free phone number available twenty-four
				(24) hours a day, seven (7) days a week.
(1)
				Upon being notified by a landowner, lessee, or employee of a wildlife
				complaint, the appropriate department staff will contact the landowner, lessee,
				or employee as soon as is reasonably possible. Department staff will arrange an
				inspection of the property as promptly as possible, and as agreed to by the
				landowner, lessee, or employee.
(2)
				Upon completion of inspection and provided the inspection resulted in
				confirmation of depredation as defined pursuant to this regulation, the
				department will, within ten (10) days, offer a minimum of three (3) formal
				interventions, if practical, that are reasonable and effective, for preventing,
				resolving or correcting the wildlife caused damage.
(3) Within ten (10) days following receipt of
				interventions, the landowner, lessee, or employee shall notify the department,
				in writing or on an approved form, of acceptance or rejection of each
				intervention offered.
(4) The
				department will initiate interventions accepted by the landowner, lessee,
				within five (5) days of receipt of acceptance, or such later time as reasonable
				based on the intervention accepted.
(5) If the landowner, lessee, or employee
				rejects all interventions offered by the department, the landowner, lessee, or
				employee must submit written grounds for good cause for rejection. The
				department shall take no further action until justifications for rejection have
				been met pursuant to this regulation and been approved by the director. If the
				grounds for good cause are approved the landowner may continue working with the
				department to develop alternative interventions or take action pursuant to
				17-2-7.2
				B.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 2 - DEPREDATION ASSISTANCE › Section 19.30.2.11 - REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
A department representative shall make regular reports to the
				  commission regarding recent wildlife complaints, their nature, resolution
				  status and any other pertinent information per commission
				  request.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 2 - DEPREDATION ASSISTANCE › Section 19.30.2.12 - BIG GAME DEPREDATION DAMAGE STAMP

Current through Register Vol. 35, No. 13, July 16, 2024
A. Purchase: Each person hunting any big game
				species in New Mexico must purchase a big game depredation damage stamp at the
				time of application or purchase of a big game license. Stamp fees shall be in
				accordance with 19.30.1.9.
B.
				Availability: Big game depredation damage stamps will be sold with all big game
				licenses by all hunting and fishing license vendors. The big game depredation
				damage stamp fee shall be included with every big game license type
				purchased.
C. Expiration: Each big
				game hunter shall be required to purchase one stamp or validation per license.
				Each stamp will expire at the same time as the license it is issued to.
[This amendment is for any application or license purchased
				  for the 2002 hunting license season and beyond]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 2 - DEPREDATION ASSISTANCE › Section 19.30.2.13 - BIG GAME DEPREDATION DAMAGE FUND

Current through Register Vol. 35, No. 13, July 16, 2024
A. Expenditures: Allowable expenditures from
				the big game depredation damage fund shall be restricted to the procurement of
				goods and services intended to resolve or mitigate depredation in accordance
				with
				17-3-13.4.B
				NMSA 1978,
				17-2-7.2.B
				NMSA 1978, and 19.30.2 NMAC. Direct compensation shall not be allowed.
(1) No intervention method shall be approved
				if funding is not available.
(2) If
				funding is limited, big game depredation damage agreements will be funded and
				given a priority based upon the level of verifiable and irreversible financial
				loss, history of documented depredation reporting by the landowner, lessee or
				employee, agreement by landowner, lessee or employee to provide in-kind
				contributions, such as costs or labor, and by availability of funds.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 3 - GAME AND FISH OPEN MEETINGS › Section 19.30.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Persons interested in and affected by actions of the state
				  game commission and the department of game and fish.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 3 - GAME AND FISH OPEN MEETINGS › Section 19.30.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  10-15-1
				  to 4 (as amended through 2012, "Open Meetings Act") and NMSA 1978, Sections
				  17-1-14
				  and
				  17-1-26
				  that provide the New Mexico state game commission with the authority to
				  establish rules that it may deem necessary to carry out the purpose of Chapter
				  17, Article 1 and all other acts pertaining to protected
				  species.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 3 - GAME AND FISH OPEN MEETINGS › Section 19.30.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 15, 1995, unless a different date is cited at the end
				  of a Section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 3 - GAME AND FISH OPEN MEETINGS › Section 19.30.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish rules pursuant to the "Open Meetings Act"
				  determining what constitutes reasonable notice of state game commission public
				  meetings.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 3 - GAME AND FISH OPEN MEETINGS › Section 19.30.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Department"
shall mean the New Mexico department of game and
				fish.
B.
"Department's
				public website"
means:
www.wildlife.state.nm.us
.
C.
"Emergency meeting"
is a
				meeting called to address unforeseen circumstances that, if not addressed
				immediately by the commission, will likely result in injury or damage to
				persons or property, or substantial financial loss to the commission.
D.
"Publish"
shall mean to
				publish via paid legal advertisement in a newspaper of general
				circulation.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 3 - GAME AND FISH OPEN MEETINGS › Section 19.30.3.8 - OPEN MEETINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Reasonable notice:
Reasonable notice shall be given, as hereinafter
				provided, of all meetings of a quorum of the state game commission held for the
				purpose of discussing or adopting any proposed rule or resolution, or taking
				formal action. At its first meeting each year, the commission will determine
				what is a reasonable notice for all meetings as required by Section 10-15-1(D)
				NMSA 1978. At that meeting, the commission shall adopt a resolution to either
				continue or amend its existing practice as stated below:
(1) Ten day notice for regular meetings: At
				least 10 days in advance of each regularly scheduled meeting, notice will be
				posted on the department's public website and social media sites and in
				addition will be sent to newspapers, radio stations, wire services and
				television stations in the state that have provided a written request for the
				notice of meetings per Section 10-15-1(D) NMSA 1978. These notices shall
				contain the date, time, and place of the meeting and information on how a copy
				of the agenda may be obtained.
(2)
				Three day notice for special meeting: At least three days in advance of each
				special meeting, notice will be posted on the department's public website and
				social media sites and given by telephone to newspapers, radio stations, wire
				services and television stations in the state that have provided a written
				request for the notice of meetings per Section 10-15-1(D) NMSA 1978. These
				notices shall provide the date, time, and place of the meeting and information
				on how a copy of the agenda may be obtained.
(3) 24 hour notice for emergency meetings:
				Notwithstanding any other provision of this rule, the chairman of the state
				game commission may call an emergency meeting to consider any unforeseen and
				urgent matter that demands immediate commission action. Notice of an emergency
				meeting shall be posted on the department's public website and social media
				sites at least 24 hours in advance unless threat of personal injury or property
				damage requires less notice, and shall be given by telephone to the associated
				press and, if time permits, via newsrelease faxed or hand delivered to at least
				one daily newspaper of general circulation in the state.
(4) Telephone participation: Commissioners
				may choose to participate in properly noticed meetings of the state game
				commission by telephone or other similar communications equipment, but only
				when attendance in person is difficult or impossible. Each commissioner
				participating by telephone or other similar equipment must be identified when
				speaking. All commissioners must be able to hear each other at the same time
				and hear any other speaker, and members of the public attending the meeting
				must be able to hear any commissioner.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 4 - BOUNDARY DESCRIPTIONS FOR GAME MANAGEMENT UNITS › Section 19.30.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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 30 - WILDLIFE ADMINISTRATION › Part 4 - BOUNDARY DESCRIPTIONS FOR GAME MANAGEMENT UNITS › Section 19.30.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 25, 2020, unless a different date is cited at the end
				  of a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 4 - BOUNDARY DESCRIPTIONS FOR GAME MANAGEMENT UNITS › Section 19.30.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"County
				road" or "CR"
as used herein shall be a numbered road that is designated
				and managed by New Mexico county governments.
B.
"East" or "E"
as used herein
				shall be the cardinal direction east.
C.
"Forest road" or "FR"
as used
				herein shall be a numbered road that is under the jurisdiction of and managed
				by the United States Forest Service.
D.
"Forest trail" or "FT"
as
				used herein shall be a numbered trail that is under the jurisdiction of and
				managed by the United States Forest Service.
E.
"Game management unit" or
				"GMU"
as used herein, shall be a geographical subdivision of the state
				used to manage game species.
F.
"Interstate" or "I-"
as used herein shall be a numbered controlled
				access highway that is part of the United States Interstate Highway
				System.
G.
"New Mexico
				highway" or "NM"
as used herein shall be a numbered highway or route
				that is part of the New Mexico State Highway System managed by the New Mexico
				Department of Transportation.
H.
"North" or "N"
as used herein shall be the cardinal direction
				north.
I.
"Range" or
				"R"
as used herein shall be range designations based on the New Mexico
				Principal Meridian and Base Line of the United States Public Land Survey
				System. Ranges are numbered in order east and west from the principal meridian
				(e.g. R10E is the 10th range east of the principle
				meridian).
J.
"South" or
				"S"
as used herein shall be the cardinal direction south.
K.
"Township" or "T"
as used
				herein shall be township designations based on the New Mexico Principal
				Meridian and Base Line of the United States Public Land Survey System.
				Townships are numbered in order north and south from the base line (e.g. T2N is
				the second township north of the base line).
L.
"United States highway" or
				"US"
as used herein shall be a numbered highway that is part of the
				United States Numbered Highway System coordinated by the American Association
				of State Highway and Transportation Officials.
M.
"West" or "W"
as used herein
				shall be the cardinal direction west.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 5 - PRIVATE LAND ELK LICENSE ALLOCATION › Section 19.30.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
To acknowledge landowners who provide meaningful benefit to
				  elk and accept elk on their properties and to provide hunting opportunities on
				  private and public land to all elk hunters who wish to recreate within New
				  Mexico's exterior boundaries. Additional requirements may be found in Chapter
				  17 NMSA 1978 and Chapters 30, 31, 32 and 33 of Title 19 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 5 - PRIVATE LAND ELK LICENSE ALLOCATION › Section 19.30.5.3 - 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. Statute 17-3-14.1 NMSA 1978 authorizes the director to
				  issue landowner permits for the lawful taking of elk.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 5 - PRIVATE LAND ELK LICENSE ALLOCATION › Section 19.30.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 1, 2019, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 5 - PRIVATE LAND ELK LICENSE ALLOCATION › Section 19.30.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Establish an equitable and flexible system that recognizes
				  the contributions of private lands and landowners to the management of elk and
				  their habitats, while providing hunting opportunities on private lands, and to
				  support appropriate, biologically sound, and effective harvest goals set by the
				  department for elk.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 5 - PRIVATE LAND ELK LICENSE ALLOCATION › Section 19.30.5.8 - PARTICIPATION REQUIREMENTS AND AUTHORIZATION DISTRIBUTION IN THE PRIMARY MANAGEMENT ZONE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Minimum
				requirements:
(1) Private lands that lie
				within the primary management zone.
(2) Private lands that demonstrate regular
				elk use and provide meaningful benefits to elk as determined by appropriate
				department staff and in accordance with commission approved
				guidelines.
(3) Only landowners and
				ARCs who agree in writing to accept elk on their property will be considered
				for participation in EPLUS.
(4)
				Landowner and ARC must agree that participation is voluntary. Number of
				authorizations may vary annually and are based on GMU harvest objectives found
				in 19.31.14 NMAC. There is no guarantee of a specific number of authorizations
				issued each year.
(5) Any property
				which is part of a subdivision, village or town that does not allow hunting or
				restricts the discharge of all sporting arm types will be disqualified from
				participation in EPLUS. All other properties within a subdivision, village or
				town will be considered on a case-by-case basis.
(6) The department encourages landowners
				whose properties do not qualify to cooperate with other landowners to create
				co-ops to meet minimum participation requirements.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 5 - PRIVATE LAND ELK LICENSE ALLOCATION › Section 19.30.5.9 - PARTICIPATION REQUIREMENTS AND AUTHORIZATION DISTRIBUTION IN THE SPECIAL MANAGEMENT ZONE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Minimum
				requirements:
(1) Private lands that lie
				within the special management zone.
(2) Private lands must provide demonstrated
				occasional elk use to be eligible.
(3) Only landowners and ARCs who agree in
				writing to accept elk on their property will be considered for participation in
				EPLUS.
(4) Landowner and ARC must
				agree that participation is voluntary. Number of authorizations may vary
				annually and are based on elk management objectives found in 19.31.14 NMAC.
				There is no guarantee of a specific number of authorizations issued each
				year.
(5) Any property which is
				part of a subdivision, village or town that does not allow hunting or restricts
				the discharge of all sporting arm types will be disqualified from participation
				in EPLUS. All other properties within a subdivision, village or town will be
				considered on a case-by-case basis.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 5 - PRIVATE LAND ELK LICENSE ALLOCATION › Section 19.30.5.10 - PARTICIPATION REQUIREMENTS IN THE SECONDARY MANAGEMENT ZONE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Minimum requirements: Private lands that
				lie within a secondary management zone.
B. Enrollment process:
(1) Land ownership documentation will be
				required that will verify the ranch lies within a secondary management
				zone.
(2) Requests for a ranch code
				may be submitted to the department at any time.
(3) Ranch ownership must be affirmed on an
				annual basis.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 5 - PRIVATE LAND ELK LICENSE ALLOCATION › Section 19.30.5.11 - SPECIAL MANAGEMENT RANCH

Current through Register Vol. 35, No. 13, July 16, 2024
A. In
				the primary or special management zones, the department may identify unique
				ranches of any size as a special management ranch.
B. A department approved conservation plan
				will be required and developed in conjunction with the landowner and will
				include habitat improvement, population management, and harvest management
				goals as a minimum.
(1) Alternative season
				dates, bag limits, sporting arm types, and additional authorizations may be
				considered for these ranches.
(2)
				Authorizations issued pursuant to these management plans:
(a) Shall be ranch only and not transferrable
				to other private lands;
(b) Will be
				considered based on documented habitat improvements or maintenance of habitat
				enhancement projects or existing habitat quality;
(c) May be as a result of working directly
				with the department on special projects related to population management or
				research needs in the GMU; and
(d)
				Shall be allocated to assure elk management goals as stated in 19.31.14 NMAC
				are sustainable and appropriate within the GMU and on the participating
				ranch.
(3) The
				conservation plan must be updated and submitted by January 5 on an annual basis
				to be approved by the department.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 5 - PRIVATE LAND ELK LICENSE ALLOCATION › Section 19.30.5.12 - LANDOWNER RIGHT TO REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Landowners or ARCs for participating ranches shall have the right to request a
				review of the following:
(1) The number of
				deeded acres.
(2) The elk
				contribution rating assigned to the ranch.
(3) The ranch score.
(4) A decision by the department that a ranch
				does not meet the minimum requirements to participate.
(5) Other inactivation provisions within
				19.30.5 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 5 - PRIVATE LAND ELK LICENSE ALLOCATION › Section 19.30.5.13 - DEPARTMENT RIGHT TO REQUEST UPDATED DOCUMENTATION AND CONDUCT AUDITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department
				reserves the right to request the submission of complete ownership
				documentation at any time during the year should an audit determine that
				documents are missing or participation requirements are in question.
(1) Should necessary documentation be found
				missing resulting from any audit, the ranch will be placed in review and
				documents will be requested.
(2)
				The department request for updated documents may include but is not limited to
				the most recent recorded property ownership records showing clear ownership and
				include property legal descriptions and maps or surveys that will establish the
				legal landowner(s) and property boundaries.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 8 - GUIDE AND OUTFITTER REGISTRATION › Section 19.30.8.3 - 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. Additional authority may be found in Sections
				  17-2A-1,
				  17-2A-3
				  and
				  17-3-16
				  NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 8 - GUIDE AND OUTFITTER REGISTRATION › Section 19.30.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 01, 2018, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 8 - GUIDE AND OUTFITTER REGISTRATION › Section 19.30.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To register, regulate and set professional standards for
				  guides, outfitters and their operations within New Mexico.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 8 - GUIDE AND OUTFITTER REGISTRATION › Section 19.30.8.8 - GENERAL REGISTRATION PROCEDURES AND REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the requirements set in Sections
				  17-2A-1,
				  17-2A-3
				  and
				  17-3-16
				  NMSA 1978 the following requirements apply;
A. Application form: Applications to guide
				and outfit as defined in Section
				17-2A-3
				NMSA 1978 and 19.30.8 NMAC shall be made on forms provided by the department as
				prescribed by the director.
B.
				Application deadlines: An outfitter or guide may register at any time by
				completing and submitting the proper application form and fee. No one shall be
				a registered outfitter or guide until they successfully complete all
				requirements and are issued a valid registration by the department. Exception:
(1) Deadline date to qualify as a New Mexico
				outfitter for special drawing pool: All New Mexico outfitter applicants must
				apply by February 15 to be eligible to participate in the special drawing pool
				of resident/nonresident hunter applicants for the next hunting
				season.
(2) New Mexico outfitter
				late fee: All New Mexico outfitter applications received after February 15 but
				before the close of business on March 15 will be subject to an administrative
				fee of $100 in addition to the normal application fees.
(3) New Mexico outfitter ineligibility: An
				applicant for a New Mexico outfitter that fails to successfully complete the
				department's process by close of business on March 15 will be ineligible to
				have a hunter-client use their registration number for the special drawing pool
				established in Section
				17-3-16
				NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 8 - GUIDE AND OUTFITTER REGISTRATION › Section 19.30.8.9 - ADDITIONAL REQUIREMENTS TO BECOME A NEW MEXICO OUTFITTER

Current through Register Vol. 35, No. 13, July 16, 2024
A. To qualify as a New Mexico outfitter as a
				corporation, LLC or similar status: a New Mexico outfitter is a person who has
				a business:
(1) with a valid New Mexico
				state, county or municipal business registration and a valid outfitter license
				issued by the department of game and fish;
(2) that is authorized to do and is doing
				outfitting business under the laws of this state;
(3) that has paid property taxes or rent on
				real property in New Mexico, paid gross receipts taxes and paid at least one
				other tax administered by the taxation and revenue department in each of the
				three years immediately preceding the submission of an affidavit to the
				department of game and fish;
(4)
				the majority of which is owned by the person who has resided in New Mexico
				during the three-year period immediately preceding the submission of an
				affidavit to the department of game and fish;
(5) that employs at least eighty percent of
				the total personnel of the business who are New Mexico residents;
(6) that has either leased property for ten
				years or purchased property greater than $50,000 in value in New
				Mexico;
(7) that, if it has changed
				its name from that of a previously certified business, the business is
				identical in every way to the previously certified business that meets all
				criteria;
(8) that possesses all
				required federal or state land use permits for the hunt; and
(9) that operates as a hunting guide service
				during which at least two days are accompanied with the client in the area
				where the license is valid.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 8 - GUIDE AND OUTFITTER REGISTRATION › Section 19.30.8.10 - OUTFITTER INSURANCE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An outfitter applicant shall submit with
				their application a certificate of commercial liability insurance of at least
				$500,000 from an insurance company stating they will insure the applicant for
				the current license year.
B. A copy
				of the insurance certificate that indicates who is insured, effective dates,
				policy number and amounts of coverage, must be provided to the department upon
				issuance by the insurer and prior to engaging in any outfitting
				activity.
C. Failure to provide
				proof of coverage during the registration period shall result in suspension of
				the registration for the period in which such insurance is required to be
				maintained.
(1) If an outfitter applicant or
				a registered outfitter fails to submit a copy of a valid insurance certificate
				before the insurance certificate on file with the department expires, the
				non-compliance notice will be sent to the outfitter by the department. The
				outfitter shall be required to submit a copy of a valid insurance certificate
				and a $50 administrative fee. No outfitter will be registered until the
				administrative fee has been paid in full.
(2) If the outfitter fails to comply with the
				non-compliance notice; the department shall issue the outfitter a notice of
				contemplated commission action. The outfitter shall then be required to submit
				a copy of a valid insurance certificate and a $250 administrative fee. No
				outfitter will be registered until the administrative fee has been paid in
				full.
(3) If the insurance is not
				in effect, at any time while conducting any outfitting activity as defined
				herein, the outfitter's registration will be declared void and the outfitter's
				registration shall be suspended until a valid insurance certificate and
				administrative fees are satisfied.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 8 - GUIDE AND OUTFITTER REGISTRATION › Section 19.30.8.11 - REGISTRATION FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The payment
				of the annual registration fee for an outfitter or guide is required prior to
				registration, including any reinstatement or administrative fees.
(1) The annual registration fee for a
				registered guide in New Mexico is $50 for a resident and $100 for a
				nonresident.
(2) The annual
				registration fee to be a registered outfitter in New Mexico is $500 for either
				a resident or a nonresident.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 8 - GUIDE AND OUTFITTER REGISTRATION › Section 19.30.8.12 - CONTRACTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A New Mexico
				outfitter shall execute a written contract with each special drawing pool
				applicant. The contract must be signed and dated by all parties prior to
				application for any special drawing pool license. New Mexico outfitters who
				execute a multi-year application contract shall be required to sign an updated
				contract with the hunter-client every three years from the initial signature
				date.
B. All outfitters shall
				execute a written contract with each hunter-client. The contract must be signed
				and dated by all parties before the hunt begins and shall designate the terms,
				guide to hunter-client ratio, hunt dates, compensation charged and services to
				be provided.
C. All outfitters
				shall have a copy of the contract available for inspection by the department in
				the field during the hunt or they must submit an electronic copy of the
				contract to the department's guide and outfitter registrar at least 48 hours
				prior to the scheduled hunt. A hunter-client who obtains a license through the
				special drawing pool, and chooses to hunt beyond their contracted hunt dates
				must carry a copy of the contract while hunting if it had not been submitted
				electronically to the registrar at least 48 hours prior to the scheduled
				hunt.
D. All contracts shall be
				retained by the outfitter for three years from the latest date signed by each
				party.
E. All outfitters shall
				provide any contract to the department upon request.
F. A New Mexico outfitter shall ensure that
				each hunter-client who obtains a license through the special drawing pool is
				accompanied by the outfitter or their registered guide for at least two days
				during the contracted dates of the hunt in the area where the hunter-client's
				license is valid. An outfitter or guide cannot contract with themselves to
				apply in the special drawing pool. An outfitter or guide who obtains a license
				through the special drawing pool is not allowed to guide themselves during
				their hunt.
G. A New Mexico
				outfitter may release a contracted hunter-client to another New Mexico
				outfitter provided that the original contract was valid, in place prior to the
				application deadline and only if it is mutually agreed upon by all parties. The
				release shall be in writing and shall be signed by all parties. A hunter-client
				must enter into a new contract with a New Mexico outfitter prior to hunting.
				Hunter-client licenses obtained through the special drawing pool are not valid
				unless the hunter-client is accompanied by a New Mexico outfitter or their
				registered guide.
H. All outfitters
				shall provide at least one registered guide or outfitter in the field for every
				four or fewer hunter-clients who are contracted for guided hunting services
				with the outfitter.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 8 - GUIDE AND OUTFITTER REGISTRATION › Section 19.30.8.13 - OUTFITTER OR GUIDE MISCONDUCT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Misrepresentation:
An outfitter or guide shall not engage in
				fraud, deceit, misrepresentation or concealment of any material fact in
				advertising, soliciting or providing professional services to the hunter-client
				or the public, as determined by a court of competent jurisdiction.
B.
Failure to report illegal
				activity:
An outfitter or guide shall report illegal hunting activities
				or any violation of local, state or federal law relating to hunting, fishing,
				trapping, outfitting, guiding or land management that they have witnessed or
				have been made aware of to any commissioned conservation officer or to the
				appropriate law enforcement agency as soon as it is feasible to do
				so.
C.
Failure to
				comply:
An outfitter or guide shall comply with all local, state and
				federal laws and regulations pertaining to hunting, fishing, trapping,
				outfitting, guiding or land management. Conviction of any local, state and
				federal laws and regulations pertaining to hunting, fishing, trapping,
				outfitting, guiding or land management for which points have not already been
				assessed shall be misconduct.
D.
Breach of contract:
An outfitter or guide shall not breach a
				contract, as determined by a court of competent jurisdiction, with any person
				using outfitting or guiding services of the outfitter.
E.
Failure to comply with registration
				audit or conditions:
An outfitter or guide, including a renewing
				applicant, shall submit to the department any documentation requested by the
				department within the specified timeframe or deadline set by the
				department.
F.
Failure to
				disclose:
An outfitter or guide applicant shall not submit false or
				fraudulent documentation or statements or knowingly omit required information
				in connection with an application for registration or renewal.
G.
Failure to supervise guides:
Outfitters shall responsibly supervise each registered guide working under the
				outfitter's direction.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 8 - GUIDE AND OUTFITTER REGISTRATION › Section 19.30.8.14 - CRIMINAL VIOLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. It is
				unlawful to apply for or receive an outfitter or guide registration while on
				revocation.
B. It is unlawful for a
				guide to book or service a hunter-client unless employed or contracted to do so
				by a registered outfitter.
C. It is
				unlawful to use an outfitter or guide registration issued to another.
D. It is unlawful for an outfitter to allow
				or use an unregistered person to perform outfitting or guiding services for the
				outfitter.
E. It is unlawful for
				any person to guide or outfit in New Mexico without completing all requirements
				and possessing a current registration from the department. Each guide or
				outfitter shall carry proof of registration in the field and provide such proof
				upon request.
F. It is unlawful to
				apply in the special drawing pool using a New Mexico outfitter number prior to
				having a valid, signed contract with the same New Mexico outfitter.
G. It is unlawful for a New Mexico outfitter
				to knowingly allow a hunter-client to apply in the special drawing pool prior
				to having a valid, signed contract.
H. It is unlawful to hunt with a license
				obtained through the special drawing pool without being accompanied by, and
				contracted with, a New Mexico outfitter or their guide for at least two days
				during the hunt.
I. It is unlawful
				for any outfitter to not have a valid, signed contract with each hunter-client
				as prescribed in
				19.30.8.12
				NMAC.
J. It is unlawful for any
				outfitter to refuse or fail to produce a contract when requested by the
				department.
K. It is unlawful for
				any person to submit an application for any hunt or for any person to counsel,
				aid or abet any person in submitting an application for any hunt in the special
				drawing pool with an unregistered or unqualified outfitter number.
L. It is unlawful for an outfitter or guide
				to have more than four hunter-clients in the field for each registered guide or
				outfitter.
M. It is unlawful for an
				outfitter or guide to contract with themselves or to guide themselves using a
				special drawing pool license.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 8 - GUIDE AND OUTFITTER REGISTRATION › Section 19.30.8.15 - REVOCATION POINT SYSTEM

Current through Register Vol. 35, No. 13, July 16, 2024
Any person in violation of this section is subject to
				  revocation and point assessments pursuant to 19.31.2 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 8 - GUIDE AND OUTFITTER REGISTRATION › Section 19.30.8.16 - CRIMINAL PENALTY PROVIDED

Current through Register Vol. 35, No. 13, July 16, 2024
A violation of any criminal provision of this rule or
				  Sections
				  17-2A-1
				  and
				  17-2A-3
				  NMSA 1978 that is a criminal violation, is a misdemeanor and shall be punished
				  in accordance with the provisions of Section
				  17-2-10
				  NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 8 - GUIDE AND OUTFITTER REGISTRATION › Section 19.30.8.17 - HEARING REQUESTED

Current through Register Vol. 35, No. 13, July 16, 2024
A registration revocation hearing may be requested and will
				  be provided in accordance with 19.31.2 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 9 - GAME AND FISH LICENSES/PERMITS › Section 19.30.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  17-1-14,
				  17-3-5,
				  17-3-7,
				  and
				  17-3-12
				  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 30 - WILDLIFE ADMINISTRATION › Part 9 - GAME AND FISH LICENSES/PERMITS › Section 19.30.9.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 1, 2020, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 9 - GAME AND FISH LICENSES/PERMITS › Section 19.30.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Establishing eligibility and application requirements,
				  procedures and financial obligations of license vendors, and certain licenses,
				  permits, certificates and fees for special uses of wildlife, draw applications
				  and license purchases.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 9 - GAME AND FISH LICENSES/PERMITS › Section 19.30.9.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Vendor" shall
				mean any owner(s) of a private or public business concern authorized by the New
				Mexico department of game and fish to sell license documents.
B. "Carcass tag" shall mean any tag form
				provided to the vendor by the Department of Game and Fish that authorizes a
				person to legally possess big-game species or turkey killed in New
				Mexico.
C. "Financial obligation"
				shall mean any dollar value owed to the Department, including penalty fees for
				unreturned carcass tags and payments for cash sales.
D. "License year" shall mean the period of
				April 1 through March 31.
E.
				"Hearing officer" shall mean the official designated by the department for the
				purpose of conducting revocation hearings and providing recommendations to the
				state game commission, relating to the suspension of hunting and fishing
				license vendors.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 9 - GAME AND FISH LICENSES/PERMITS › Section 19.30.9.9 - ESTABLISHING CERTAIN LICENSES, PERMITS, CERTIFICATES AND FEES

Current through Register Vol. 35, No. 13, July 16, 2024
Type
Further description
Fee
Certificate of application
NM resident draw application fee
$7.00
Non-resident draw application fee
$13.00
Wildlife conservation stamp
Share with wildlife
$10.00
Duplicate license
$6.00
Landowner authorization certificate
$9.00
Migratory bird permit
Harvest information program (HIP)
$0.00
Big game depredation damage stamp
NM resident
$3.00
Non-resident
$10.00
Public land user stamp
Habitat stamp
$5.00
Bait dealers
$21.00
Commercial fishing
$25.00
Importation fish
Annual application processing fee
$25.00
Additional stocking and shipment fee
$6.00
Retention
$1.25
Transportation
$0.00
Triploid grass carp
$25.00
Airborne hunting
$10.00
Class A lake aquaculture/recirculating water
								system
Up to 75 fish or 750 gallons
$20.00
76 to 150 fish or 751 to 1500 gallons
$40.00
Over 150 fish or over 1500 gallons
$100.00
Call pen
$15.00
Class A lake
$101.00
Class A lake
Additional lake
$26.00
Class A park
$501.00
Commercial collecting
Reptiles and amphibians
$50.00
Educational use of wildlife
Application, renewal or amendment
$15.00
Falconry
Application or renewal for 3 years
$25.00
Field trial/importation
$15.00
Game bird propagation
$10.00
Protected mammal
$10.00
Scientific use of wildlife
Application
$15.00
Renewal or amendment
$15.00
Shooting preserve
$200.00
Zoo
No fee
$0.00
Importation non-domesticated animals per calendar
								year (1/1 to 12/31) except protected ungulates, game birds, fish or
								other
Class 1 importation of 1 to 5 animals
$25.00
Class 2 importation of 6 to 99 animals
$75.00
Class 3 importation of greater than 100
								animals
$300.00
Importation other
One time import (i.e., temporary importation,
								exhibition, game birds, restoration/recovery, etc.)
$20.00
Importation protected ungulate
Initial application/source & up to 2 animals
								(valid 6 months)
$500.00
For additional animals, not to exceed 30 ungulates
								from the same source property/owner (if no acquisitions to source herd during 6
								month period of validity)
$50.00 per animal
For greater than 30 ungulates from the same source
								property/owner (if no acquisitions to source herd during 6 months period of
								validity).
$5.00 per animal
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 10 - NEW MEXICO HUNTER-TRAPPER REPORTING SYSTEM › Section 19.30.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
17-1-14,
				  17-3-5,
				  17-3-7,
				  and
				  17-3-12
				  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 30 - WILDLIFE ADMINISTRATION › Part 10 - NEW MEXICO HUNTER-TRAPPER REPORTING SYSTEM › Section 19.30.10.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 15, 2013, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 10 - NEW MEXICO HUNTER-TRAPPER REPORTING SYSTEM › Section 19.30.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Establishing a system to collect hunting and trapping
				  information from persons buying certain hunting and trapping licenses in New
				  Mexico.