reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 33 - ENDANGERED AND PROTECTED SPECIES › Part 4 - CONFIDENTIAL DATA REGARDING ENDANGERED SPECIES › Section 19.33.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 17-2-40(H) provides the Commission with authority to
				  create regulations protecting the confidentiality of data from an
				  investigation. Section 17-2-45(B) NMSA 1978 provides criminal penalties for the
				  taking of an endangered species. Section 17-2-42(B) NMSA 1978 provides the
				  Director with the authority to enter into agreements.
				  17-2-40
				  -H NMSA 1978 requires the State Game Commission to adopt regulations governing
				  the confidentiality of data.
				  17-2-43
				  authorizes the commission to enact regulations necessary to carry out all the
				  provisions and purposes of the Wildlife Conservation Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 33 - ENDANGERED AND PROTECTED SPECIES › Part 4 - CONFIDENTIAL DATA REGARDING ENDANGERED SPECIES › Section 19.33.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 31, 1996, unless a later date is cited at the end of
				  a Section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 33 - ENDANGERED AND PROTECTED SPECIES › Part 4 - CONFIDENTIAL DATA REGARDING ENDANGERED SPECIES › Section 19.33.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To prevent the inappropriate distribution of data on
				  threatened or endangered species, or data generated by a study or investigation
				  of species that may be listed as threatened or endangered; to clarify which
				  data in possession of the Department are confidential, and to specify
				  procedures and conditions for the dissemination of confidential
				  data.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 33 - ENDANGERED AND PROTECTED SPECIES › Part 4 - CONFIDENTIAL DATA REGARDING ENDANGERED SPECIES › Section 19.33.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Data," as used
				herein, means facts or information generated by a study or investigation of
				species that may be considered for listing or delisting and/or facts or
				information concerning a listed species.
B. "Confidential Data," as used herein,
				means:
(1) Data on the distribution and
				location of listed or proposed species, received or obtained by the Department
				of Game and Fish, from individuals or agencies, under a written agreement of
				confidentiality.
(2) Data on the
				distribution and location of species, identified by the Director as data which,
				if publicly disseminated, may result in the taking of, or otherwise harm, a
				species being investigated for listing as threatened or endangered, and/or a
				listed species.
(3) "Confidential
				data regarding private property," as used herein, means distribution and
				location of listed or proposed species on private property received or
				generated by the Department during a listing study or investigation as defined
				in
				17-2-40
				NMSA 1978. This shall include listed or proposed species distribution and
				locations recorded as map coordinates, maps, GPS coordinates, property owner
				names, property/ranch names, or other data that may identify, or lead to the
				identification of specific locations on private property. Stipulations in this
				section will apply to data collected after the section modification becomes
				effective.
(4) "Coded confidential
				data regarding private property", as used herein means Confidential Data, as
				described in 19.33.4.7.B3 that is coded in a manner that allows a description
				of location and distribution by county or other appropriate geographic unit
				which does not represent a single parcel of private land. This county-wide, or
				other unit-wide, information may be included in reports or documents as
				necessary to meet reporting requirements or for management of the
				species.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 33 - ENDANGERED AND PROTECTED SPECIES › Part 4 - CONFIDENTIAL DATA REGARDING ENDANGERED SPECIES › Section 19.33.4.8 - RELEASE OF CONFIDENTIAL DATA

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Subject to the restrictions applicable to private property, confidential data
				may only be released to persons, organizations or agencies upon submission to
				the Director of a written application describing a legitimate need for
				scientific or management purposes consistent with the objectives of the
				Wildlife Conservation Act.
B.
				Confidential data will not be submitted to any public repository established
				under the Wildlife Conservation Act, except as coded in 19.33.4.7.B4.
C. Confidential data regarding private
				property, or which would identify or lead to the identification of any private
				property, will not be released under any circumstances without specific written
				agreement from the private property owner or their designee.
D. The Department may use confidential data
				for the purpose of species management and species management
				planning.
E. Coded Confidential
				Data regarding private land as described in 19.33.4.7.B4 as county-wide, or
				other unit-wide, information may be included in reports, public repository or
				documents as necessary to meet reporting requirements from funding sources or
				for management of the listed or proposed species.
F. Any confidential data, which is contained
				in any Department documents which would otherwise be released pursuant to a
				request for inspection of public records, shall be redacted from those
				documents prior to release of those documents.
G. If the Department is involved with an
				assessment of a project proposed on private property that indicates potential
				impacts to a listed or proposed species covered under this regulation the
				Director may release that confidential data necessary to address the potential
				impact.
H. Pursuant to the New
				Mexico Mining Act (Chapter 69 NMSA 1978 and 19 NMAC 10.2) and Surface Coal
				Mining Regulations (19 NMAC 18.2) the Department may use confidential data to
				assess potential impacts of mining operations on private land and the Director
				may release that confidential data necessary to address potential impacts to
				listed or proposed species covered under this regulation.
I. The classification of data as
				"confidential" shall not prevent the release of data to appropriate law
				enforcement officials if there is reason to believe that violations of laws or
				regulations regarding listed species protected under this confidentiality
				regulation are occurring or have recently occurred. The Director or his
				designee will make a determination of whether to release information on a case
				by case basis.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 33 - ENDANGERED AND PROTECTED SPECIES › Part 5 - ADDING A SPECIES TO THE STATE LIST OF THREATENED AND ENDANGERED SPECIES BY ADOPTING A SPECIES ON THE FEDERAL LIST › Section 19.33.5.1 - 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 33 - ENDANGERED AND PROTECTED SPECIES › Part 5 - ADDING A SPECIES TO THE STATE LIST OF THREATENED AND ENDANGERED SPECIES BY ADOPTING A SPECIES ON THE FEDERAL LIST › Section 19.33.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The director of the department of game and fish, and the New
				  Mexico state game commission regarding procedures for adding a species to the
				  state list of threatened and endangered species through adoption of species on
				  the United States list of endangered fish and wildlife as set forth in the
				  Endangered Species Act of 1973.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 33 - ENDANGERED AND PROTECTED SPECIES › Part 5 - ADDING A SPECIES TO THE STATE LIST OF THREATENED AND ENDANGERED SPECIES BY ADOPTING A SPECIES ON THE FEDERAL LIST › Section 19.33.5.3 - 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 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, and Sections
				  17-2-37
				  through
				  17-2-46,
				  the "Wildlife Conservation Act."
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 33 - ENDANGERED AND PROTECTED SPECIES › Part 5 - ADDING A SPECIES TO THE STATE LIST OF THREATENED AND ENDANGERED SPECIES BY ADOPTING A SPECIES ON THE FEDERAL LIST › Section 19.33.5.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 33 - ENDANGERED AND PROTECTED SPECIES › Part 5 - ADDING A SPECIES TO THE STATE LIST OF THREATENED AND ENDANGERED SPECIES BY ADOPTING A SPECIES ON THE FEDERAL LIST › Section 19.33.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 15, 1996, unless a later date is cited at the end of a
				  Section or a Paragraph.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in brackets.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 33 - ENDANGERED AND PROTECTED SPECIES › Part 5 - ADDING A SPECIES TO THE STATE LIST OF THREATENED AND ENDANGERED SPECIES BY ADOPTING A SPECIES ON THE FEDERAL LIST › Section 19.33.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To provide procedures for the director and commission for
				  developing and acting upon a recommendation to add a species to the state list
				  of threatened and endangered species through adoption of a species from the
				  United States list set forth under the federal Endangered Species
				  Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 33 - ENDANGERED AND PROTECTED SPECIES › Part 5 - ADDING A SPECIES TO THE STATE LIST OF THREATENED AND ENDANGERED SPECIES BY ADOPTING A SPECIES ON THE FEDERAL LIST › Section 19.33.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Endangered"
				means any species listed as endangered in 19 NMAC 33.1 [now 19.33.6
				NMAC].
B. "Threatened" means any
				species listed as threatened in 19 NMAC 33.1 [now 19.33.6 NMAC].
C. "Commission" means New Mexico state game
				commission.
D. "Director" means the
				director of the New Mexico department of game and fish.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 33 - ENDANGERED AND PROTECTED SPECIES › Part 5 - ADDING A SPECIES TO THE STATE LIST OF THREATENED AND ENDANGERED SPECIES BY ADOPTING A SPECIES ON THE FEDERAL LIST › Section 19.33.5.8 - PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The director
				shall present, in writing, any recommendation to add a species to the New
				Mexico list of threatened and endangered species, through adoption of a species
				on the United States list of endangered fish and wildlife as set forth in the
				Endangered Species Act of 1973 (Section
				17-2-40
				NMSA 1978), at a properly scheduled meeting. Upon receipt of the
				recommendation, the commission shall establish a date and location, within six
				months, for a public hearing on the recommendation (Section
				17-2-40
				L NMSA 1978).
B. At least 90 days
				before the public hearing, notice of the hearing shall be mailed to federal and
				state agencies, local and tribal governments, and individuals and organizations
				that have requested notification of department actions regarding threatened and
				endangered species; and a legal notice shall be published in a newspaper of
				general circulation in the area affected by the recommendation (Section
				17-2-40
				K NMSA 1978).
C. Notice of the
				public hearing shall:
(1) include the date,
				time and location of the hearing (Section
				17-2-40
				K1 NMSA 1978);
(2) include a
				statement of the recommendation (Section
				17-2-40
				K2 NMSA 1978);
(3) indicate the
				location and availability of the public repository for the recommendation, and
				for the hearing record (Section
				17-2-40
				K3 NMSA 1978);
(4) indicate where
				and by what date written comments and written testimony may be filed for
				inclusion in the hearing record (Section
				17-2-40
				K4 NMSA 1978);
(5) indicate that
				written comments and testimony may address biological and ecological evidence
				and any economic and social impacts of the recommendation (Section
				17-2-40
				E 5 6 NMSA 1978);
(6) indicate that
				written comments pertaining to any economic and social impacts of the listing
				decision shall be preserved in the repository for consideration in developing,
				if practicable, any recovery plan (Section
				17-2-40
				G NMSA 1978);
(7) indicate that
				views, data and comments pertaining to the biological and ecological evidence
				in the recommendation may be presented orally or in writing at the hearing
				(Section
				17-2-40
				G L NMSA 1978);
(8) specify that
				notice of intent to present technical and scientific testimony on the
				biological and ecological evidence, and a written copy of the testimony to be
				presented, shall be submitted to the commission not less than 30 days prior to
				the hearing (Section
				17-2-40
				K6 NMSA 1978);
(9) and specify that
				the public record shall remain open for written comments for 30 days after the
				date of the hearing (Section
				17-2-40
				K7 NMSA 1978).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 33 - ENDANGERED AND PROTECTED SPECIES › Part 6 - LIST OF THREATENED AND ENDANGERED SPECIES › Section 19.33.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The department of game and fish and all persons who may
				  affect wildlife in New Mexico. The department collects biological information
				  for managing threatened and endangered species. Except as otherwise provided in
				  the Wildlife Conservation Act (17-2-37 to
				  17-2-46
				  NMSA 1978), it is unlawful for any person to take, possess, transport, export,
				  sell or offer for sale or ship any threatened or endangered species or
				  subspecies. The department may authorize such activities, by permit, for
				  scientific or educational purposes, for propagation in captivity, or to protect
				  private property.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 33 - ENDANGERED AND PROTECTED SPECIES › Part 6 - LIST OF THREATENED AND ENDANGERED SPECIES › Section 19.33.6.3 - 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
				  species.
				  17-2-38
				  and
				  17-2-40
				  NMSA 1978 provide that the commission may list threatened and endangered,
				  native and foreign wildlife.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 33 - ENDANGERED AND PROTECTED SPECIES › Part 6 - LIST OF THREATENED AND ENDANGERED SPECIES › Section 19.33.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 31, 1996, unless a later date is cited at end of a
				  section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 33 - ENDANGERED AND PROTECTED SPECIES › Part 6 - LIST OF THREATENED AND ENDANGERED SPECIES › Section 19.33.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Endangered", as
				used herein, means any species or subspecies whose prospects of survival or
				recruitment in New Mexico are in jeopardy.
B. "Threatened", as used herein, means any
				species or subspecies that is likely to become endangered within the
				foreseeable future throughout all or a significant portion of its range in New
				Mexico.
C. "Identification format",
				Where both threatened or endangered, and non-endangered, subspecies occur in
				the state, the former are identified by being listed by common name (in
				parentheses) and trinomial.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 33 - ENDANGERED AND PROTECTED SPECIES › Part 6 - LIST OF THREATENED AND ENDANGERED SPECIES › Section 19.33.6.8 - THREATENED AND ENDANGERED SPECIES OF NEW MEXICO

Current through Register Vol. 35, No. 13, July 16, 2024
A. MAMMALS
(1) Endangered:
(a) Arizona shrew,
Sorex
				arizonae
(b) Mexican
				long-nosed bat,
Leptonycteris nivalis
(c)
(Penasco) least chipmunk,
Neotamias minimus
				  atristriatus
(d)
				meadow jumping mouse,
Zapus hudsonius
(e)
(Arizona) montane vole,
Microtus montanus
				  arizonensis
(f)
				gray wolf,
Canis lupus
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 33 - ENDANGERED AND PROTECTED SPECIES › Part 6 - LIST OF THREATENED AND ENDANGERED SPECIES › Section 19.33.6.10 - SPECIES FORMERLY LISTED

Current through Register Vol. 35, No. 13, July 16, 2024
These species have been removed from the above list since
				  1997; because they have been determined to be not indigenous to New Mexico, or
				  they have been extirpated from New Mexico, or they have recovered and are no
				  longer threatened or endangered.
A.
				spotted chorus frog,
Pseudacris clarkii
B. phantom shiner,
Notropis
				orca
C. (Rio Grande)
				bluntnose shiner,
Notropis simus simus
D. brook stickleback,
Culaea
				inconstans
E. (desert)
				bighorn sheep,
Orvis canadensis mexicana
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 2 - HABITAT PROTECTION › Section 19.34.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The department of game and fish and all persons who may hunt,
				  fish and/or trap on U.S. forest service and bureau of land management
				  lands.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 2 - HABITAT PROTECTION › Section 19.34.2.3 - 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.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 2 - HABITAT PROTECTION › Section 19.34.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To provide a description of lands closed to vehicle travel
				  under the Habitat Protection Act and to describe prohibited activities on said
				  lands.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 2 - HABITAT PROTECTION › Section 19.34.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Road", as used
				herein, means any maintained or unmaintained right-of-way that has been
				utilized by the public and includes roads, streets, highways and state scenic
				recreational of historical trails.
B. "Vehicle", as used herein, means any
				motor-powered mechanical device used for conveyance.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 2 - HABITAT PROTECTION › Section 19.34.2.8 - VEHICLE USE CLOSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Restrictions.
(1) No vehicle shall be
				operated on the Carson national forest areas described in Paragraphs (1)
				through (4) of Subsection A of 19.34.2.9 NMAC, Paragraphs (6) through (10)of
				Subsection A of 19.34.2.9 NMAC, and San Simon canyon recreation area as
				described in Subsection C of 19.34.2.9 NMAC except on those roads therein that
				have been posted with arrows as open.
(2) No vehicle shall be operated on the
				Carson national forest area described in Paragraph (5) of Subsection A of
				19.34.2.9 NMAC below between the dates of January 1 and August 15 of each year
				except on those roads therein that have been posted with arrows as
				open.
(3) No vehicle shall be
				operated on the Cibola national forest area described in Subsection B of
				19.34.2.9 NMAC below between the dates of December 15 of each year and March 31
				of the following year except on those roads therein that have been posted with
				arrows as open.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 2 - HABITAT PROTECTION › Section 19.34.2.10 - CLOSURE TO ENTRY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Summer
				closure.
(1) The elk calving area described
				in Paragraph (2) of Subsection A of 19.34.2.10 NMAC, below will be closed to
				public entry during the period of May 1 through June 30 of each year except on
				those roads therein that have been posted with arrows as open or as allowed by
				rule.
(2) Beginning at the west
				boundary of the Valle Vidal addition of the Questa district of the Carson
				national forest at the Costilla river, thence north along the Valle Vidal
				boundary to the north boundary of the Valle Vidal, thence east along the Valle
				Vidal boundary to the Taos-Colfax county line, thence south and west along the
				county line to its intersection with the south boundary of Valle Vidal, thence
				west and north along the Vidal boundary to the beginning.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 3 - USE OF STATE GAME COMMISSION LANDS › Section 19.34.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Department staff; licensed hunters, anglers, and trappers;
				  and habitat management and access validation (HMAV) holders.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 3 - USE OF STATE GAME COMMISSION LANDS › Section 19.34.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  17-1-1,
				  17-1-14,
				  17-1-26,
				  17-4-1,
				  and
				  17-4-33
				  NMSA 1978, provide the New Mexico state game commission with the authority to
				  acquire lands, to provide for use of game and fish for use and development for
				  public recreation, and to establish rules that it may deem necessary to carry
				  out the purposes of Chapter 17, NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 3 - USE OF STATE GAME COMMISSION LANDS › Section 19.34.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 30, 2016, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 3 - USE OF STATE GAME COMMISSION LANDS › Section 19.34.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish terms and conditions for use of land owned,
				  controlled or operated by the commission.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 3 - USE OF STATE GAME COMMISSION LANDS › Section 19.34.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Access"
shall mean consent for an individual to enter upon and use designated
				lands for hunting, fishing, trapping, or gaining access into nature activities.
				Access excludes commercial activity.
B.
"Access rules"
shall mean
				restrictions or prohibitions on access applicable to designated land pursuant
				to
				19.34.3.10
				NMAC.
C.
"Big game"
shall mean deer, elk, pronghorn antelope, bighorn sheep, ibex, Barbary sheep,
				oryx, turkey, javelina, bear, and cougar.
D.
"Commercial activity"
means
				any activity conducted within land for which a fee is charged or compensation
				or anything else of value is received by the person or business conducting the
				activity, except for hunting activities conducted by an outfitter registered
				with the department.
E.
"Commission"
shall mean the New Mexico state game
				commission.
F.
"Director"
shall mean the director of the New Mexico department of
				game and fish.
G.
"Department"
shall mean the New Mexico department of game and
				fish.
H.
"Designated
				area(s)"
shall mean those areas within designated land where access is
				either allowed or restricted.
I.
"Designated land(s)"
shall mean land on which access is allowed
				for hunting, fishing, trapping, gaining access into nature activities, or
				activities authorized by the director pursuant to
				19.34.3.9
				NMAC
J.
"Gaining access into
				nature"
or " GAIN" shall mean a program to provide broadly based
				wildlife-associated recreation opportunity, not to include hunting, trapping,
				or fishing, pursuant to 17-4-33 NMSA 1978.
K.
"GAIN activities"
shall mean
				activities that provide broadly based wildlife-associated recreation, not to
				include hunting, trapping, or fishing..
L.
"Group"
shall mean at least
				one (1) individual in possession of a hunting license, fishing license,
				trapping license, or habitat management and access validation (HMAV) valid for
				the current license year and up to three (3)accompanying individuals. Youth
				under the age of 18 are exempt from this definition.
M.
"Land(s)"
shall mean property
				owned, operated, or controlled by the commission except property upon which
				state parks are located and operated by the state parks division of the energy,
				minerals, and natural resources department. Activities on commission-owned land
				within state parks operated by the state parks division of the energy, minerals
				and natural resources department shall be subject to state parks division
				rules.
N.
"License
				year"
shall mean the period of April 1 through March 31.
O.
"Operator"
shall mean any
				person or entity that conducts commercial activity on land pursuant to a
				commercial permit issued by the department and that person's or entity's
				agents.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 3 - USE OF STATE GAME COMMISSION LANDS › Section 19.34.3.8 - PROHIBITION OF DISCRIMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
No one shall be denied use of lands on the basis of race,
				  color, religion, sex, disability, family status or national
				  origin.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 3 - USE OF STATE GAME COMMISSION LANDS › Section 19.34.3.9 - AUTHORITY OF DIRECTOR

Current through Register Vol. 35, No. 13, July 16, 2024
The director shall have the authority to specify designated
				  lands, specify access rules, and to close, in whole or in part, or otherwise
				  restrict the use of land when in the opinion of the director such closure or
				  restriction is reasonably necessary for the protection of such land, wildlife,
				  habitat, the public or otherwise, to respond to circumstances concerning such
				  land. The director shall have the authority to authorize an activity prohibited
				  or restricted by access rules or not otherwise specified on land when in the
				  opinion of the director such activity is not detrimental to the land, wildlife
				  or purpose(s) for which the land is managed and will not result in any
				  expenditure from the game protection fund that is inconsistent with Sections
				  17-1-28
				  and
				  17-1-29
				  NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 3 - USE OF STATE GAME COMMISSION LANDS › Section 19.34.3.10 - ACCESS RULES

Current through Register Vol. 35, No. 13, July 16, 2024
A. It shall be
				unlawful for any individual to enter upon land not designated for
				access.
B. It shall be unlawful to
				operate any vehicle off of established roads or on closed roads within land,
				except as allowed by the director through permit or commission rule, or any
				county, state or federal law enforcement officer in the discharge of his/her
				official duties.
C. It shall be
				unlawful for an individual or group to enter upon designated land without
				possessing at least one (1) hunting license, fishing license, trapping license,
				or habitatat management and access validation (HMAV) valid for the current
				license year. Youth under the age of 18 are exempt from this access
				rule.
D. It shall be unlawful to
				deface or remove rocks, minerals, plants (including fruits, nuts, and berries),
				animals, firewood, or man made feature from any land unless specifically
				allowed by commission rule.
E. It
				shall be unlawful for any person to excavate, injure, destroy, or remove any
				cultural resource or artifact from any land.
F. It shall be unlawful for any individual to
				access designated land, outside designated areas, during published big game and
				waterfowl hunting seasons for the respective designated land.
G. It shall be unlawful to camp in excess of
				fourteen (14) consecutive days, except by licensed hunters and their guests
				concurrent with their licensed hunt and scouting period.
H. It shall be unlawful to have an open fire
				unless safely contained.
I. It
				shall be unlawful to use or possess any hay or feed for domestic livestock use
				on land other than pelleted or grain feed, or hay certified as weed
				free.
J. It shall be unlawful to
				conduct a commercial activity on land without first obtaining a commercial
				permit as described in
				19.34.3.12
				NMAC.
K. Nothing in this rule shall
				prevent state employees or contract workers from performing administrative
				duties on land.
L. It shall be
				unlawful to possess unleashed dogs or other pets on land. Exceptions: dogs may
				be unleashed for permitted field trial or hunting purposes during established
				seasons only and only on land where use of dogs for hunting purposes is allowed
				by rule; dogs may be unleashed when allowed for authorized department
				personnel; and dogs may be unleashed for authorized wildlife management
				activities.
M. Properly-licensed
				big game hunters and up to three (3) guests are exempt from closures during a
				seven (7) day scouting period prior to the start of the licensed hunt period on
				the respective designated land.
N.
				It shall be unlawful to violate any access rule specified by the director for
				specific designated land and disseminated by posting or notice provision by the
				department (e.g. posted signs, New Mexico fishing and hunting rules and
				information, or the department website).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 3 - USE OF STATE GAME COMMISSION LANDS › Section 19.34.3.11 - USE OF LAND

Current through Register Vol. 35, No. 13, July 16, 2024
Designated land for hunting, fishing, or trapping access
				  shall be specified by the department and shall be disseminated through the
				  annual publication of New Mexico hunting and fishing rules and information.
				  Designated land for GAIN activities shall be specified by the director and
				  shall be posted on the department website (
www.wildlife.state.nm.us
). Access to
				  designated land is allowed unless otherwise restricted or prohibited by access
				  rules pursuant to
				  19.34.3.10 NMAC.
				  Land not designated for access shall remain closed. Applications for the Jamie
				  Koch community shelter shall be accepted only at the department office in Santa
				  Fe. Reservations are made on a first come first serve basis. The fee shall
				  cover the day use shelter for a 24 hour period up to four (4) consecutive days.
				  The permit fee shall be established by the director.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 3 - USE OF STATE GAME COMMISSION LANDS › Section 19.34.3.12 - COMMERCIAL PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				commercial permit is required for any person or business to conduct a
				commercial activity on designated land and must be in the possession of the
				permittee while the permittee is on designated land.
B. Requests for commercial permits may be
				submitted to the department office in Santa Fe for review.
C. Each commercial permit shall specify the
				number of employees or agents authorized to conduct activities on behalf of the
				permittee pursuant to said permit. A copy of the commercial permit must be in
				the possession of the operator and every employee or agent while on designated
				land.
D. No commercial permit shall
				be issued until the applicant has provided proof of insurance or bond in the
				amount of not less than $1,000,000 naming the department, the commission and
				state of New Mexico as additional insureds.
E. Operators and their clients are subject to
				all applicable state and federal regulations.
F. Commercial permits are not transferable. A
				commercial permit cannot be sold or transferred for any reason. The department
				will not refund any portion of the commercial permit fee for any
				reason.
G. The director may limit
				the number and type of commercial permits in order to protect resources. The
				director may prescribe special requirements and conditions for commercial
				permits when, in his sole discretion, it is in the best interests of the state
				to do so. Special requirements may include, but are not limited to: limitations
				on use of designated land, grounds and facilities; designation of a specific
				area within the designated land in which an operator is allowed to operate;
				designation of specific days or hours during which an operator is allowed to
				operate; number of participants, requirements for submission of use and price
				data; and training requirements.
H.
				No operator shall violate any condition of the commercial permit or restriction
				of the designated land. Violation of the commercial permit or a restriction may
				result in the immediate revocation of the commercial permit. Operators shall be
				subject to the procedural provisions of Section 17-3 -34 NMSA 1978 and
				Subsection C of
				19.31.2.10
				NMAC, and
				19.31.2.11
				NMAC through
				19.31.2.24
				NMAC.
I. The director may deny any
				application for a commercial permit.
J. The department shall establish the fee for
				each individual commercial permit it issues.
K. The department reserves the right to
				cancel or modify any commercial permit in emergency circumstances as determined
				by the director.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 4 - PROTECTION OF DEPARTMENT OF GAME AND FISH LANDS › Section 19.34.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  17-1-14,
				  17-1-26,
				  and
				  17-4-1,
				  NMSA 1978, provide the New Mexico state game commission with the authority to
				  acquire land and to establish rules and regulations that it may deem necessary
				  to carry out the purposes of Chapter 17, NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 4 - PROTECTION OF DEPARTMENT OF GAME AND FISH LANDS › Section 19.34.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 13, 1996 [unless a later date is cited at the end of
				  a section]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 4 - PROTECTION OF DEPARTMENT OF GAME AND FISH LANDS › Section 19.34.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish rules to prevent damage to wildlife and wildlife
				  habitat on lands owned or controlled by the department of game and
				  fish.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 4 - PROTECTION OF DEPARTMENT OF GAME AND FISH LANDS › Section 19.34.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Established
				road" means any maintained or unmaintained right-of-way that has been utilized
				by the public and includes roads, streets, and highways.
B. "Motorized vehicle" means any
				motor-powered mechanical device used for conveyance.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 4 - PROTECTION OF DEPARTMENT OF GAME AND FISH LANDS › Section 19.34.4.8 - PROHIBITED ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
It shall be unlawful for any person or persons to operate any
				  motorized vehicle off of established roads on lands owned or controlled by the
				  department of game and fish.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 4 - PROTECTION OF DEPARTMENT OF GAME AND FISH LANDS › Section 19.34.4.9 - EXCEPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any county,
				state or federal law enforcement officer may drive off of established roads on
				these lands in the discharge of his official duties.
B. The director of the department of game and
				fish may permit other designated personnel to drive off of established roads
				when it is deemed necessary to provide proper maintenance and service upon
				these lands.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 5 - WILDLIFE MANAGEMENT AREAS › Section 19.34.5.3 - 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 New Mexico state game commission has the authority
				  to identify game refuges and to establish rules and regulations that it may
				  deem necessary to carry out the purposes of Chapter 17 NMSA
				  1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 5 - WILDLIFE MANAGEMENT AREAS › Section 19.34.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 1, 2023, unless a different date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 5 - WILDLIFE MANAGEMENT AREAS › Section 19.34.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Department"
shall mean the New Mexico department of game and
				fish.
B.
"Wildlife management
				area"
shall mean an area of land owned or controlled by the state game
				commission and designated by the commission or department as a wildlife
				management area.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 6 - PUBLIC LAND USER STAMP (SIKES ACT) › Section 19.34.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The department of game and fish and all persons who hunt,
				  fish or trap on land administered by the U.S. forest service or the U.S. bureau
				  of land management in the state.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 6 - PUBLIC LAND USER STAMP (SIKES ACT) › Section 19.34.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
17-1-14 and 17-1-26 NMSA 1978 provide the state game
				  commission 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. Public Law 93-452 (Sikes Act) permits the
				  state, secretary of agriculture and secretary of interior to enter into
				  agreements for the issuance of public land management stamps.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 6 - PUBLIC LAND USER STAMP (SIKES ACT) › Section 19.34.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To provide for a public land management stamp for hunting,
				  fishing or trapping on certain public lands in New Mexico, requires purchase of
				  stamp, creates a citizen advisory committee, and provides for expenditure of
				  funds from stamp revenues.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 6 - PUBLIC LAND USER STAMP (SIKES ACT) › Section 19.34.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Public
				land"
means those lands which surface areas are under the management
				authority of the United States forest service or the United States bureau of
				land management, except those lands under the management authority of the
				United States bureau of land management in game management unit 28.
B.
"Public land management
				stamp"
or
"habitat stamp"
means a stamp or validation that
				is affixed to or printed on a hunting, trapping, or fishing license to
				demonstrate compliance with this regulation.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 6 - PUBLIC LAND USER STAMP (SIKES ACT) › Section 19.34.6.8 - PURCHASE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each person
				hunting on any public land, must purchase a public land management
				stamp.
B. Resident trappers twelve
				years of age and older trapping for protected furbearers, and non-resident
				trappers trapping on any public land, must purchase a public land management
				stamp.
C. Anglers twelve years of
				age and older, except resident anglers 70 years of age and older, fishing on
				any public land, must purchase a public land management stamp.
D. Only one public land management stamp is
				required for each individual to hunt, trap, or fish on public land during any
				license year.
E. Purchase price for
				each public land management stamp shall be ten dollars ($10.00). Starting in
				2022 the purchase price will be adjusted annually based on the consumer price
				index from the United States department of labor, bureau of labor statistics,
				and may be rounded. The state game commission may defer annual adjustments;
				deferral of annual adjustments may not exceed five consecutive years.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 6 - PUBLIC LAND USER STAMP (SIKES ACT) › Section 19.34.6.9 - EXPENDITURE OF FUNDS COLLECTED

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				expenditure of funds collected under this regulation shall be consistent with
				the most current management plans developed by the United States forest
				service, the United States bureau of land management and the New Mexico
				department of game and fish.
B. A
				minimum of fifty percent of the funds over a five-year period will be spent on
				projects that benefit fish, excluding administrative fees.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 34 - WILDLIFE HABITAT AND LANDS › Part 6 - PUBLIC LAND USER STAMP (SIKES ACT) › Section 19.34.6.10 - CITIZEN ADVISORY COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
A citizen advisory committee shall be created. The committee
				  will be comprised of nine members, seven of which shall follow the district and
				  representation requirements as defined in 17-1-2 NMSA 1978. All members shall
				  be selected and appointed by the state game commission from a list of
				  applicants provided by the department. The committee will provide citizen
				  advice to the agencies and will prioritize eligible projects.
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 19.34.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  17-1-1,
				  17-1-2,
				  17-1-5.1,
				  17-1-14,
				  17-1-26,
				  17-2-6
				  and
				  17-4-1
				  NMSA 1978, provide the New Mexico state game commission with the authority to
				  lease lands for game management and wildlife habitat as well as acquire
				  properties for hunting grounds. Also, to provide for use of game and fish for
				  use and development for public recreation, and to establish rules and
				  regulations that it may deem necessary to carry out the purposes of Chapter 17,
				  NMSA 1978.
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 19.34.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 31, 2005, unless a later date is cited at the end of
				  a section.
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 19.34.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish fees, and other rules for accessing private
				  lands, state lands (including lands of counties and other instrumentalities of
				  the state), tribal lands and federal lands for recreational uses like hunting,
				  fishing, trapping and other endeavors.
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 19.34.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Commission"
				shall mean the New Mexico state game commission.
B. "Director" shall mean the director of the
				New Mexico department of game and fish.
C. "Department" shall mean the New Mexico
				department of game and fish.
D.
				"Open gate" shall mean a program of the department to provide hunters, anglers,
				and trappers with wildlife associated activities as determined by the
				department with the purpose to increase access on private lands, state lands
				(including lands of counties and other instrumentalities of the state), federal
				lands or tribal lands.
E.
				"Landowner" shall mean a private landowner, lessee, tribal entity, or local,
				state, or federal entity authorized to manage property with whom the department
				enters into an open gate access agreement.
F. "Open gate property" shall mean lands
				enrolled in the open gate program recognized as a game and fish management area
				for the purposes designated.