reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 7 - OPEN GATE: HUNTING AND FISHING ACCESS PROGRAM › Section 19.34.7.8 - HABITAT MANAGEMENT AND ACCESS VALIDATION FEE

Current through Register Vol. 35, No. 13, July 16, 2024
On or after April 1, 2006 no resident or nonresident license
				  or permit shall be considered to be a proper and valid license unless the
				  licensee can demonstrate, by a stamp, check-off or other official mark, that a
				  $4.00 fee for habitat management and access validation has been paid, provided
				  that an individual purchaser shall be required to pay for only one habitat
				  management and access validation fee each license year, regardless of the
				  number of licenses or permits purchased by the licensee. Exceptions: no person
				  under the age of 18, no resident angler age 70 and older and no person
				  designated by the department as a 100% disabled resident veteran is required to
				  purchase the habitat management and access validation.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 7 - OPEN GATE: HUNTING AND FISHING ACCESS PROGRAM › Section 19.34.7.9 - PROHIBITION OF DISCRIMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
If otherwise qualified as stated above, no one shall be
				  denied use of leased private lands, state lands (including lands of counties
				  and other instrumentalities of the state), tribal lands and federal lands on
				  the basis of race, color, religion, gender, sexual orientation or national
				  origin.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 7 - OPEN GATE: HUNTING AND FISHING ACCESS PROGRAM › Section 19.34.7.10 - ACCESS AGREEMENTS FOR THE OPEN GATE PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A. The director may enter into open gate
				access agreements for hunting, fishing, trapping or other recreational
				endeavors to take place on private land with suitable habitat to support the
				recreational uses, or to provide a right-of-way corridor through private land
				or tribal land to large, inaccessible blocks of public lands meeting the
				conditions of 19.34.7.11 NMAC.
(1) Such
				access agreements shall include the name of the landowner, map of the property,
				the permitted uses, property rules, responsibilities of the landowner and
				department, term, amount of compensation, the liability clauses for the
				department and landowner, with signatures of the director and
				landowner.
(2) Landowners shall
				agree participation is voluntary and enrollment is contingent on the annual
				availability of funds.
(3) All
				renewals of open gate access agreements shall be subject to annual review per
				the requirements found in 19.34.7.11 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 7 - OPEN GATE: HUNTING AND FISHING ACCESS PROGRAM › Section 19.34.7.11 - PARTICIPATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Minimum qualifications: Lands or waters eligible for enrollment in the open
				gate program must provide suitable fish or wildlife habitat or access to said
				habitat to support the recreational uses designated through an open gate
				agreement, and meet, at minimum, one of the following conditions:
(1) enrollment will result in increased
				hunting, fishing or trapping access on private land; or
(2) enrollment will provide a meaningful
				access corridor to large or exceptional, inaccessible blocks of state lands,
				federal lands or tribal lands for hunting, fishing or trapping; or
(3) enrollment may improve regional wildlife
				or fisheries management goals of the department which may include, but are not
				limited to, supplying quality or extaordinary hunting, fishing or trapping
				opportunities and enhancing fish or wildlife habitat conditions.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 7 - OPEN GATE: HUNTING AND FISHING ACCESS PROGRAM › Section 19.34.7.12 - USE OF OPEN GATE AREAS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				person accessing land enrolled in the open gate program to hunt, fish or trap
				must:
(1) obtain and possess a valid hunting,
				fishing or trappers license when required unless otherwise provided in the
				access agreement; and
(2) comply
				with enrolled property rules as described on the access agreement and as posted
				at access points or parking areas to include manner and method of take or other
				special use restrictions as posted.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 2 - CALL PEN AND RETRIEVER TRIALS › Section 19.35.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
People interested in training bird dogs and holding field
				  trials or field tests for dogs.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 2 - CALL PEN AND RETRIEVER TRIALS › Section 19.35.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  17-1-14,
				  17-1-26,
				  and 17-15-4 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 35 - CAPTIVE WILDLIFE USES › Part 2 - CALL PEN AND RETRIEVER TRIALS › Section 19.35.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 30, 1995 [unless a later date is cited at the end of
				  a section]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 2 - CALL PEN AND RETRIEVER TRIALS › Section 19.35.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Establish the use of legally propagated game birds in
				  training bird dogs, with or without the use of call pens, and establishing the
				  use of game birds and raccoons in field trials and field
				  tests.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 2 - CALL PEN AND RETRIEVER TRIALS › Section 19.35.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Legally
				propagated game birds for use in training bird dogs" shall mean pen-raised
				pheasants, bobwhite quail, and chukar.
B. "Game birds for use in field trials and
				tests" shall mean legally propagated pen-raised pheasants, quail, chukars, and
				mallards.
C. "Field trial" shall
				mean the activity of releasing, killing and possessing game birds for the
				purpose of competence testing and competition in dog training.
D. "Field test" shall mean the activity of
				using legally propagated and possessed game birds or [raccoon held under a
				retention permit for dog] competence testing and competition. No wildlife shall
				be intentionally killed during a field test.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 2 - CALL PEN AND RETRIEVER TRIALS › Section 19.35.2.8 - USE OF LEGALLY PROPAGATED GAME BIRDS IN TRAINING BIRD DOGS; CALL PENS

Current through Register Vol. 35, No. 13, July 16, 2024
A. In conjunction
				with bird dog training, a person may daily possess, liberate and kill up to ten
				(10) legally propagated game birds raised or obtained in accordance with New
				Mexico laws and regulations.
B.
				While engaged in this activity, a person must have in possession a proper
				propagator's receipt for the birds being used. If a person is using birds he
				has raised, he must have in possession a copy of his propagation
				permit.
C. This regulation does not
				address or affect activities associated with protected wildlife for purposes
				other than those herein described.
D. If a call pen is to be used in association
				with this activity, a call pen permit is required. Application must be
				submitted to the deparatment, stating the name of the person and the location
				of the call pen. The call pen shall be permanently marked with the permittee's
				name, address, and permit number.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 2 - CALL PEN AND RETRIEVER TRIALS › Section 19.35.2.9 - USE OF GAME BIRDS AND RACCOONS IN FIELD TRIALS AND FIELD TESTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. It shall be
				unlawful to conduct a field trial or field test without first submitting an
				application to the director of the department of game and fish.
B. The application and fee for a field trial
				or field test must be received by the department of game and fish at least 15
				days prior to the start of the trial. The application shall include dates of
				the trial, location, source of game birds and copies of pertinent documents
				authorizing possession of protected wildlife to be used. A copy of the
				application must be maintained by the sponsor and in his/her possession during
				the trial/test. The application shall be considered approved unless notified in
				writing by the department.
C. A
				receipt or retention permit for all wildlife held during the trial or test
				shall be in the possession of the sponsor.
D. Raccoons may be released during a field
				test provided the application states the dates of the release and that an
				authorization for the release is granted by the director of the department of
				game and fish.
E. Posting: Notices
				of the field trial/field test will be posted at each corner and entrance to the
				field trial/test area.
F. Any
				person registered with the sponsor may take, hunt or pursue game birds during
				the trial.
G. Game birds taken at
				bona fide field trials may be sold or donated. The sponsor shall provide to all
				persons receiving such birds, an invoice stating the name of the club or
				organization, the date the bird or birds were taken, the species and number of
				birds covered by the invoice.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 3 - SHOOTING PRESERVES › Section 19.35.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Landowners or managers who wish to establish, maintain, and
				  operate a regulated shooting preserve on deeded land. License fee is designated
				  in 19 NMAC 30.1[now 19.30.9 NMAC].
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 3 - SHOOTING PRESERVES › Section 19.35.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  17-1-14,
				  17-1-26,
				  and
				  17-3-36
				  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 35 - CAPTIVE WILDLIFE USES › Part 3 - SHOOTING PRESERVES › Section 19.35.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 30, 1995 [unless a later date is cited at the end of
				  a section]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 3 - SHOOTING PRESERVES › Section 19.35.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Legally
				propagated game birds" shall mean all pheasants, quail, chukars and mallards
				within a regulated preserve.
B.
				[Reserved]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 3 - SHOOTING PRESERVES › Section 19.35.3.8 - MAXIMUM AND MINIMUM SIZE OF REGULATED SHOOTING PRESERVES

Current through Register Vol. 35, No. 13, July 16, 2024
A regulated shooting preserve shall contain not less than 30
				  acres and not more than the number of contiguous deeded acres owned or
				  controlled by the applicant. If the owner, operator, or manager of a preserve
				  desires to increase the area of the preserve, he/she shall submit to the
				  department of game and fish a new plat or map indicating the proposed addition.
				  The addition shall not be made without written approval from the
				  director.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 3 - SHOOTING PRESERVES › Section 19.35.3.9 - FENCES AND SIGNS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Posting: The
				shooting preserve shall be posted by placing signs at every primary entrance to
				the preserve and along each boundary where the preserve adjoins public land.
				Signs shall be posted after the state game commission has approved the
				application and before the permit can be issued. Signs are to be maintained to
				ensure conformity with this regulation.
B. Signs: The signs posted on a licenses
				shooting preserve shall state the following:
"Regulated Shooting Preserve"
(Name of shooting preserve, if any)
(Shooting preserve license number)
"Hunting by Permission Only"
(Owner's name and address)
C. Fences: Where possible and reasonable,
				regulated shooting preserves should be fenced. Fences, if present, may be of
				any type and need not be constructed to confine birds.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 3 - SHOOTING PRESERVES › Section 19.35.3.10 - METHOD OF HUNTING ON REGULATED SHOOTING PRESERVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Legally propagated game birds may be taken
				only with the following methods: shotguns fired from the shoulder; any longbow
				and arrow; any legally held raptor used for falconry purposes.
B. Legally propagated game birds may be
				taken, hunted, or pursued by the use of dogs, artificial decoys, blinds and
				manually or mouth-operated bird calls.
C. Legally propagated game birds may not be
				killed, shot at, pursued or unnecessarily harried, driven, or rallied by use of
				or from a motor-driven vehicle, powerboat or sailboat.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 3 - SHOOTING PRESERVES › Section 19.35.3.11 - OPEN SEASONS ON REGULATED SHOOTING PRESERVES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The shooting preserve season shall be in
				the period September 1 through March 31 of the following year. Within this
				period, the preserve operator may specify dates for taking legally propagated
				game birds.
B. Hunting hours shall
				be from one-half hour before sunrise to sunset.
C. Except for legally propagated game birds,
				all protected game found on shooting preserves may be harvested only in
				accordance with the regulations of the state game commission concerning seasons
				and bag and possession limits.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 3 - SHOOTING PRESERVES › Section 19.35.3.12 - RELEASE, POSSESSION AND USE OF LEGALLY PROPAGATED GAME BIRDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Legally
				propagated game birds may be released on a regulated shooting preserve in any
				quantity. Birds may be released but not hunted prior to the shooting preserve
				season.
B. Possession of game birds
				on the shooting preserve will be accompanied by an invoice in accordance with
				Section
				17-3-33
				NMSA 1978 or will be tagged in accordance with Section 13 [now 19.35.3.13
				NMAC], when appropriate.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 3 - SHOOTING PRESERVES › Section 19.35.3.13 - TAGS, RECORDS, REPORTS AND INSPECTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Shooting preserve bird tags, issued by the
				department of game and fish, shall be numbered and issued to shooting preserve
				owners, operators or managers for a fee of 10 cents per tag. Tags will be
				affixed to each bird taken on the preserve.
B. Records and Reports:
(1) The preserve operator will keep a record
				of all tags used on the preserve and of the total number of birds
				released.
(2) Within 15 days after
				the close of the shooting preserve season, the preserve operator shall submit
				to the department a year-end report stating the tag numbers used; the number of
				birds, by species, released; and copies of invoices for birds purchased or
				received from licensed propagators.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 5 - WILDLIFE REHABILITATION PERMITS › Section 19.35.5.3 - 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 NM 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
				  mammal, birds and fish.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 5 - WILDLIFE REHABILITATION PERMITS › Section 19.35.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 15, 1994 [unless a later date is cited at the end
				  of a section]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 5 - WILDLIFE REHABILITATION PERMITS › Section 19.35.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Establish and implement a system for the issuance and use of
				  permits for the rehabilitation of sick, injured, orphaned or otherwise
				  incapacitated wildlife for return to the wild or other authorized disposition
				  in New Mexico.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 5 - WILDLIFE REHABILITATION PERMITS › Section 19.35.5.8 - APPLICATIONS AND PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Applications shall be filed on forms supplied by the department.
B. Applications shall contain a verified or
				sworn statement by the applicant attesting to the truth of the facts stated in
				the application.
C. Applications
				shall be made in the name of an adult person (18 years and older).
D. Permits shall be issued under the
				authority of the director or his/her designee.
E. Applications for permits, renewals and
				amendments shall provide the following information:
(1) Personal information which allows the
				identification of the applicant including full name, date of birth, home
				address and facility address;
(2)
				Each new application shall be supported by references from two verifiable,
				acknowledged, and permitted animal rehabilitation authorities who have known
				the applicant for at least 2 years and who attest to the applicant's ability to
				handle and care for protected wildlife in a humane and effective
				manner;
(3) A verified or sworn
				statement attesting to the truth of the facts stated in the
				application;
(4) Any other
				information determined by the department to be necessary to review the
				application.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 5 - WILDLIFE REHABILITATION PERMITS › Section 19.35.5.9 - PERMIT RENEWALS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Permits shall be renewed in accordance with this regulation subject to its
				requirements unless issued as non-renewable permits.
B. Renewal applications shall be filed in
				writing on an application form provided by the department.
C. All terms of the permit, including the
				filing of complete annual reports, must be fully complied with before a renewal
				will be considered.
D. Applications
				for rehabilitating migratory birds shall contain a current corresponding
				federal permit number.
E. Denial
				and/or revocation of a permit may occur if the permit holder fails to meet any
				of the requirements for holding the permit.
F. Applications for renewal will not be
				considered while unresolved criminal charges are pending for alleged violation
				of state or federal wildlife laws or animal cruelty laws.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 5 - WILDLIFE REHABILITATION PERMITS › Section 19.35.5.10 - VIOLATIONS AND ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				violation of the New Mexico department of game and fish statutes, rules and
				regulations of the commission, or any provision in the permit, including
				amendments, may result in suspension, probation or revocation of a permit in
				addition to any applicable civil, criminal or administrative
				penalties.
B. Any misrepresentation
				of material fact in an application or annual report is a violation of this
				regulation.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 5 - WILDLIFE REHABILITATION PERMITS › Section 19.35.5.11 - HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An opportunity
				for hearing may be provided to any applicant or permit holder for any denial of
				a permit, probationary terms of a permit, denial of a permit renewal, or
				issuance of a permit where the terms of issuance are materially different from
				those requested by the applicant and adversely affect the applicant's
				interests.
B. Such procedures shall
				be consistent with state game commission Regulation 677.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 5 - WILDLIFE REHABILITATION PERMITS › Section 19.35.5.13 - RECORD KEEPING REQUIREMNTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Permit holders shall file annual reports by January 30 of each permit year
				unless permission is granted for a later filing.
B. Annual reports shall be completed and
				submitted on a form provided by or approved by the department. Rehabilitation
				records on each animal shall be maintained concurrent with it's treatment and
				should include unique identification (case number), species name, sex (if
				known), place and date of origin, source (person or agency), probable reason
				for incapacitation, condition on receipt, treatment and disposition (date and
				location). All records shall be available for department review upon
				request.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 5 - WILDLIFE REHABILITATION PERMITS › Section 19.35.5.14 - GENERAL FACILITIES STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Rehabilitation permit holders shall comply
				with the applicable facilities standards of this regulation in addition to any
				specific requirements placed in their permits.
B. Permit holders shall provide confinement
				areas and cages for rehabilitation purposes appropriately sized, constructed
				and maintained so as to provide a humane and safe environment for animals held
				under the authority of a permit issued pursuant to this regulation and should
				conform to accepted national standards.
C. The department may specify individual
				caging requirements in each permit on a case-by-case basis depending upon the
				species, number, size, type and length of care required. In imposing individual
				standards, the department may be guided by similar requirements imposed by
				state and federal agencies regulating comparable activities.
E. Treatment records shall be maintained on
				currently held wildlife at the facility.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 6 - AUTHORIZED USES OF WILDLIFE FOR EDUCATION, LAW ENFORCEMENT, RESEARCH AND SCIENTIFIC PURPOSES › Section 19.35.6.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Department of Game and Fish.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 6 - AUTHORIZED USES OF WILDLIFE FOR EDUCATION, LAW ENFORCEMENT, RESEARCH AND SCIENTIFIC PURPOSES › Section 19.35.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The department of game and fish and persons seeking
				  authorization for the taking of protected wildlife for educational, law
				  enforcement, scientific or research purposes.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 6 - AUTHORIZED USES OF WILDLIFE FOR EDUCATION, LAW ENFORCEMENT, RESEARCH AND SCIENTIFIC PURPOSES › Section 19.35.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  17-1-14,
				  17-1-26,
				  NMSA 1978 and
				  17-2-37
				  through
				  17-2-46,
				  and
				  17-3-1,
				  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 35 - CAPTIVE WILDLIFE USES › Part 6 - AUTHORIZED USES OF WILDLIFE FOR EDUCATION, LAW ENFORCEMENT, RESEARCH AND SCIENTIFIC PURPOSES › Section 19.35.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 30, 2013, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 6 - AUTHORIZED USES OF WILDLIFE FOR EDUCATION, LAW ENFORCEMENT, RESEARCH AND SCIENTIFIC PURPOSES › Section 19.35.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To provide consistent criteria for application and permit
				  issuance for the take, possession and use of protected wildlife for
				  educational, law enforcement, research or scientific
				  purposes.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 6 - AUTHORIZED USES OF WILDLIFE FOR EDUCATION, LAW ENFORCEMENT, RESEARCH AND SCIENTIFIC PURPOSES › Section 19.35.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Applicant"
: A person who has submitted an application for a
				permit pursuant to this rule.
B.
"
Apprentice"
: A person who is over the age of 14 and
				is in training under the direct supervision of a permittee or sub-permittee,
				who assists in the use of wildlife for scientific and educational
				purposes.
C.
"Carnivore"
: Any animal within the order carnivora
D.
"Department"
: The New Mexico
				department of game and fish.
E.
"Director"
: Shall mean the director of the department of game and
				fish.
F.
"Designated
				cooperator"
: Shall mean a person designated in writing by the director
				of the department of game and fish, as an official cooperator of the
				agency.
G.
"Educational
				purposes"
: Shall mean the possession or take of protected wildlife as
				specimens for educational programs and instructional display as approved by the
				department.
H.
"Permit"
: A document issued pursuant to this rule that authorizes a
				person to conduct specific activities involving protected wildlife.
I.
"Protected wildlife"
: Shall
				mean those taxonomic groups listed in Chapter 17, NMSA 1978, including any
				species that are listed as either state or federally threatened or
				endangered.
J.
"Scientific
				purposes"
: Shall mean the possession or take of protected wildlife for
				conducting research or monitoring for management purposes, as approved by the
				department.
K.
"Sub-permittee"
: Shall mean a person authorized by a permit to conduct
				specified activities in the absence of a permit holder.
L.
"Take"
: Shall mean the act
				of killing, capturing, pursuing, harassing, salvaging, retaining, or
				sacrificing protected wildlife by any means or device including attempting to
				take by the use of any method.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 6 - AUTHORIZED USES OF WILDLIFE FOR EDUCATION, LAW ENFORCEMENT, RESEARCH AND SCIENTIFIC PURPOSES › Section 19.35.6.8 - APPLICATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				following requirements must be met for an application to be considered:
(1) A completed application form and the
				non-refundable application fee must be submitted to the department.
(2) Applicant must be 18 years of age or
				older and provide their full name, date of birth, home address and facility
				address; unless they are an apprentice who must be at least 14 years of
				age.
(3) Applicant must provide two
				references able to verify the applicant's ability to conduct activities
				relevant to the species and purpose requested.
(4) Application must include a containment or
				confinement plan describing where and how permitted species will be maintained,
				if applicable.
(5) Application must
				include copies of all applicable municipal, state or federal permits.
(6) Supplemental information must be supplied
				as requested by the department.
(7)
				Each application must include the applicant's signature as well as signatures
				of all sub-permittees being requested on the permit.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 6 - AUTHORIZED USES OF WILDLIFE FOR EDUCATION, LAW ENFORCEMENT, RESEARCH AND SCIENTIFIC PURPOSES › Section 19.35.6.9 - PERMIT ISSUANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Permits may be issued or denied under the authority of the director or his/her
				designee.
B. Authorizations and
				permits shall only be issued to individuals and not to parties or
				organizations.
C. Only those
				individuals that the applicant intends to utilize to take or possess protected
				wildlife when outside the immediate oversight and supervision of the permittee
				will be listed as sub-permittees.
D. A permit shall not be issued to applicants
				who cannot demonstrate sufficient wildlife handling qualifications and
				containment and confinement facilities to ensure the humane care of captive
				wildlife.
E. Applicant must obtain
				a permit prior to conducting requested activities.
F. Upon issuance of a permit, containment and
				confinement facilities shall be subject to random inspection by department
				employees.
G. Initial permits shall
				be issued for one year. Permit renewals may be approved for up to three years
				subject to director approval.
H.
				Each permit shall specify the number and species of protected wildlife the
				permittee shall be authorized to collect, possess, or handle for scientific or
				educational purposes.
I.
				Applications for permits or permit renewals shall not be considered if the
				applicant is subject to pending criminal charges or violations of any
				municipal, state or federal law relating to wildlife or other animal
				violations.
J. The state game
				commission must review any permit application for the possession or use of any
				carnivore that is held, possessed or released on private property for the
				purpose of recovery, reintroduction, conditioning, establishment or
				reestablishment in New Mexico. The director shall only issue a department
				permit in accordance with commission direction following their review of an
				application submitted under this section of rule.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 6 - AUTHORIZED USES OF WILDLIFE FOR EDUCATION, LAW ENFORCEMENT, RESEARCH AND SCIENTIFIC PURPOSES › Section 19.35.6.10 - PERMIT PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				General permit provisions:
(1) All protected
				wildlife, their offspring, and any parts held under the authority of a permit
				shall remain property of the state of New Mexico. The director shall have the
				authority to require that any permitted wildlife be returned to the department
				or to direct the disposition of such wildlife.
(2) A permit issued pursuant to this rule
				does not authorize propagation of wildlife unless specifically allowed in
				writing by the director.
(3)
				Protected wildlife held under the authority of a permit may not be sold,
				bartered, or exchanged unless specially allowed in writing by the
				director.
(4) Protected wildlife
				may not be disposed of, released as prescribed by permit provisions, or
				transferred to another permittee, unless specially allowed in writing by the
				director.
(5) Protected wildlife
				may not be imported from another state or another country without first
				obtaining an importation permit from the department.
(6) The director may apply specific
				provisions on individual permits to carry out the intent of this rule and
				applicable statutes.
(7) A copy of
				a valid permit must be in the possession of permittees and sub-permittees at
				all times when conducting permitted activities and must be available upon
				request by department officials.
(8) A permit holder shall carry out all
				educational activities in a humane manner.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 6 - AUTHORIZED USES OF WILDLIFE FOR EDUCATION, LAW ENFORCEMENT, RESEARCH AND SCIENTIFIC PURPOSES › Section 19.35.6.11 - ANNUAL REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Apermit holder must submit an annual report by the deadline specified by the
				director.
B. Annual reports must be
				submitted, received, and approved by the department prior to renewal or
				reissuance of any permit.
C. The
				annual report shall include the disposition of all wildlife taken pursuant to
				the permit and any additional information required by the permit.
D. Annual reports shall be completed in a
				format as determined by the department. All data submitted shall become
				property of the department.
E.
				Educational permit annual reports shall include:
(1) dates of all presentations;
(2) names of organizations and schools at
				which presentations were given;
(3)
				number and age group of attendees;
(4) subject matter covered;
(5) specific wildlife or wildlife parts used
				in each program; and
(6) number of
				persons viewing wildlife on permanent display.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 6 - AUTHORIZED USES OF WILDLIFE FOR EDUCATION, LAW ENFORCEMENT, RESEARCH AND SCIENTIFIC PURPOSES › Section 19.35.6.12 - FACILITY STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Permit
				holders shall adhere to department guidelines for reasonable and humane care of
				captive wildlife. Requests for variations on facility guidelines must be
				submitted to the department in writing and include justification. All facility
				variation requests are subject to department review and approval prior to
				making any facility changes.
B.
				Permit holders must comply with all provisions, guidelines and specific
				requirements listed on their permit.
C. Permitted wildlife must be housed
				separately from human living areas and domestic pets.
D. Permit holders shall utilize travel
				containers that are appropriately sized, constructed, and maintained to ensure
				a humane and safe environment for wildlife in transit.
E. All permittee and sub-permittee facilities
				shall be subject to random inspections by department personnel.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 6 - AUTHORIZED USES OF WILDLIFE FOR EDUCATION, LAW ENFORCEMENT, RESEARCH AND SCIENTIFIC PURPOSES › Section 19.35.6.13 - DIRECTOR'S AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				director shall have the authority to:
(1)
				establish and approve any forms, applications and documents necessary to carry
				out the provisions of this rule;
(2) establish and approve all notice and
				posting provisions for public displays of wildlife;
(3) impose corrective measures to ensure the
				safety and welfare of humans and wildlife;
(4) require an applicant to purchase the
				appropriate hunting, fishing or trapping license when applicable;
(5) establish collection limits for protected
				wildlife;
(6) deny any application
				if it is determined that the applicant has provided false or incomplete
				information;
(7) deny any
				application that conflicts with current conservation measures, negatively
				affects local or regional species numbers, or is contrary to angling, hunting
				or trapping objectives;
(8) deny
				any application that does not represent a valid scientific or educational
				benefit; and
(9) declare any
				applicant or permittee who fails to comply with all of the application
				requirements, director's conditions, permit provisions, or rule requirements as
				non-compliant; upon a declaration of non-compliance, the director may deny any
				subsequent application and requests for amendments until all permit violations
				are corrected and the appropriate certificate of compliance is issued and fees
				are paid in full.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 6 - AUTHORIZED USES OF WILDLIFE FOR EDUCATION, LAW ENFORCEMENT, RESEARCH AND SCIENTIFIC PURPOSES › Section 19.35.6.14 - VIOLATIONS AND ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				violation of state statutes, rules, or permit provisions, including amendments,
				may result in cooperative compliance or denial or of a permit in addition to
				any applicable civil, criminal or administrative remedies and
				penalties.
B. The signature of an
				applicant, permittee, or sub-permittee on any application, annual report,
				permit, or any other department document, shall obligate the signatory to
				adhere to all applicable statutes, rules, and permit provisions. Violations of
				this rule shall include but not be limited to:
(1) providing false or fraudulent information
				on any application or annual report;
(2) late submission of an annual
				report;
(3) exceeding authorized
				take limits of wildlife;
(4) take
				of protected wildlife in an unauthorized locality or manner;
(5) take of protected wildlife during an
				unauthorized time frame; or
(6)
				take or possession of any wildlife not authorized by the permit.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 6 - AUTHORIZED USES OF WILDLIFE FOR EDUCATION, LAW ENFORCEMENT, RESEARCH AND SCIENTIFIC PURPOSES › Section 19.35.6.15 - APPEAL PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A permit applicant may appeal a denial by the director in
				  accordance with the following procedures:
A. Commission appeal:
(1) The applicant must submit, by certified
				mail, a written appeal to the chairman of the state game commission within 20
				days of denial by the director.
(2)
				The written appeal must include the reason for the objection.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 6 - AUTHORIZED USES OF WILDLIFE FOR EDUCATION, LAW ENFORCEMENT, RESEARCH AND SCIENTIFIC PURPOSES › Section 19.35.6.16 - EXEMPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following are exempt from applying for or holding permits
				  for conducting activities under this rule:
A. employees of the New Mexico department of
				game and fish and other government agencies acting in the course of their
				official duties as determined by the director;
B. persons that salvage or aid in salvaging
				dead, injured or otherwise incapacitated wildlife at the direction of the
				department or others authorized for such possession; and
C. designated cooperators and department
				contractors provided the activities are consistent with their contractual or
				cooperative duties.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 6 - AUTHORIZED USES OF WILDLIFE FOR EDUCATION, LAW ENFORCEMENT, RESEARCH AND SCIENTIFIC PURPOSES › Section 19.35.6.17 - COMPLIANCE AND ENFORCEMENT ALLOWANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A law enforcement officer operating in a director approved
				  covert operation may take protected wildlife pursuant to a license issued to a
				  covert identity or pursuant to a permit or written authorization issued by the
				  director or his designee.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 7 - IMPORTATION OF LIVE NON-DOMESTIC ANIMALS, BIRDS AND FISH › Section 19.35.7.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Department of Game and Fish.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 7 - IMPORTATION OF LIVE NON-DOMESTIC ANIMALS, BIRDS AND FISH › Section 19.35.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Persons who desire to bring wildlife species into the state
				  of New Mexico. It may include the general public, pet importers, holders of
				  Class "A" park licenses, department permittees and others.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 7 - IMPORTATION OF LIVE NON-DOMESTIC ANIMALS, BIRDS AND FISH › Section 19.35.7.3 - STATUATORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
17-1-14,
				  17-1-26
				  and
				  17-3-32.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 7 - IMPORTATION OF LIVE NON-DOMESTIC ANIMALS, BIRDS AND FISH › Section 19.35.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 31, 2014, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 7 - IMPORTATION OF LIVE NON-DOMESTIC ANIMALS, BIRDS AND FISH › Section 19.35.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To provide consistent criteria for the importation of live
				  non-domesticated animals into New Mexico and to protect native wildlife against
				  the introduction of contagious or infectious diseases, undesirable species and
				  address human health and safety issues.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 7 - IMPORTATION OF LIVE NON-DOMESTIC ANIMALS, BIRDS AND FISH › Section 19.35.7.8 - IMPORTATION OF LIVE NON-DOMESTICATED ANIMALS

Current through Register Vol. 35, No. 13, July 16, 2024
It shall be unlawful to import any live non-domesticated
				  animal into New Mexico without first obtaining appropriate permit(s) issued by
				  the director except those animals identified within the species importation
				  list group I. Permits will only be issued when all application requirements and
				  provisions have been met. Failure to adhere to or violation of permit
				  provisions may result in the applicant/importer becoming ineligible for
				  importation(s). The pendency or determination of any administrative action or
				  the pendency or determination of a criminal prosecution for the same is not a
				  bar to the other.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 7 - IMPORTATION OF LIVE NON-DOMESTIC ANIMALS, BIRDS AND FISH › Section 19.35.7.10 - DIRECTOR'S AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Species importation list: The director of the New Mexico department of game and
				fish shall develop a species importation list. The species importation list
				shall be established, maintained, updated or amended by the director as species
				information and concerns become available and are identified. The species
				importation list shall be grouped into the following minimum importation
				"groups" based on the following criteria.
(1) Species importation list group I are designated
				semi-domesticated animals and do not require an importation permit.
(2) Species importation list group II may be
				for live non-domesticated animals that are not known to be either invasive or
				dangerous and do not present a known risk to the health, safety or well-being
				of the public, domestic livestock or to native wildlife and their
				habitats.
(3) Species importation
				list group III may be for live non-domesticated animals that present minimal or
				manageable concerns that will require specific provisions that must be met
				prior to issuing an importation permit to address health, safety or well-being
				of the public, domestic livestock or to native wildlife and their
				habitats.
(4) Species importation
				list group IV may be for live non-domesticated animals that are considered
				dangerous, invasive, undesirable, state or federal listed threatened,
				endangered, a furbearer or any other species of concern as identified by the
				director. The importation of these species are prohibited for the general
				public but may be allowed for, scientific study, department approved
				restoration and recovery plans, zoological display, temporary
				events/entertainment, use as service animal or by a qualified expert.
(5) Any species of live non-domesticated
				animal not currently on the species importation list will be designated group
				IV until such time as another determination is made by the director.