New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 5 - CONCESSION ACTIVITIES › Section 19.5.5.15 - OUTFITTERS AND GUIDES

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				outfitter may apply for one concession permit and purchase guide cards for
				guides the outfitter employs who will be conducting guided fishing, boating or
				rafting trips. The outfitter shall provide the superintendent with a list of
				guides authorized to conduct guided trips for the outfitter and request the
				number of guide cards the outfitter wishes to purchase at the time the
				outfitter submits a concession permit application and fee. The fee for a guide
				card shall be the same as the fee for a concession permit. See 19.5.6 NMAC.
				During the concession permit's term, the outfitter shall have public liability
				insurance naming the state of New Mexico, the department and the division, and
				if applicable the landowner from which the division leases the land or
				reservoir, as principal beneficiaries and shall have, if applicable, workers'
				compensation insurance in force and effect with a carrier licensed to do
				business in New Mexico. The public liability insurance shall cover personal
				injury and property damage in amounts equal to or greater than the liability
				limits set forth in NMSA 1978, Section
				41-4-19, as it
				may be amended from time to time.
B. The number of guides on the outfitter's
				guide list may exceed the number of guide cards the outfitter purchased.
				However, at no time shall the number of guides conducting commercial activity
				in a park exceed the number of guide cards the division issued to the
				outfitter. Only guides whose names appear on the guide list may conduct guided
				trips.
C. Each guide shall be able
				to present a guide card to a state park official at all times when the guide is
				conducting commercial activity in a park. A person shall not conduct commercial
				guiding activities without having a guide card in his or her possession. An
				outfitter or guide shall present the guide card to a state park official when
				requested to do so.
D. The
				outfitter is responsible for all guide cards the division issues to the
				permittee and for updating the guide list as necessary and providing the
				updated guide list to the superintendent.
E. Each outfitter shall submit an annual
				report that provides information concerning the outfitter's activities for the
				preceding year to the superintendent by April 15th. Annual reports shall
				include dates of guided trips, number of trips on each date and total number of
				clients on each date or a statement that no trips were made during the
				year.
F. An outfitter or guide
				shall not take more than three clients on a wade trip or more than three
				clients on a float boat at one time.
G. Outfitters and guides are subject to boat
				safety inspections at all times while boating.
H. Commercial boat use on the San Juan river,
				Navajo Lake state park is allowed only from the Texas hole and
				downstream.
I. Outfitters shall
				identify their boats with the outfitter's company name prominently and clearly
				printed on the vessel on both the port and starboard sides. Lettering shall be
				at least three inches in height.
J.
				Outfitters or guides shall display a concession permittee vehicle pass while
				conducting commercial activities within the boundaries of a state park. The
				concession permittee vehicle pass does not exempt the holder from paying park
				fees if the outfitter or guide is using the park or its facilities for personal
				use.
K. Outfitters shall submit
				trip ticket information using the internet-based trip ticket reporting system
				for commercial trips. The outfitter, or the outfitter's guide or agent, shall
				complete this form prior to the trip commencing. The guide conducting the trip
				shall carry a copy of the trip ticket for the duration of the commercial trip.
				A person shall not conduct commercial fishing or hunting activities within a
				state park without having a valid trip ticket in his or her
				possession.