New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 1 - GENERAL PROVISIONS › Section 19.5.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Authorized areas"
means locations, places, sites, regions, zones
				or spaces identified by the director or, for purposes of hunting or fishing,
				the state game commission. These areas may be defined with signs or other
				appropriate proclamation or means. For purposes of bowfishing, authorized areas
				include all parks where fishing is allowed.
B.
"Boating and rafting
				excursions"
means a guiding service for boating or rafting trips offered
				to the general public.
C.
"Capital improvement"
means a construction project by a
				concessionaire to the concession premises that is not maintenance or repair and
				that costs at least $1,000.
D.
"Commercial activity"
means for-profit sales or services but does
				not include the operation of vending machines unless the vending machine is
				operated as part of a larger concession operation.
E.
"Commercial charter bus"
means a bus transporting a group of persons who pursuant to a common purpose,
				and under a single contract at a fixed price, have acquired the exclusive use
				of a bus to travel together under an itinerary.
F.
"Commercial filming"
means
				the use of motion picture, videotaping, sound recording or other moving image
				or audio recording equipment that involves the advertisement of an event,
				product or service; or the creation of a product for sale including film,
				videotape, television broadcast or documentary of participants in commercial
				sporting or recreation events for the purpose of generating income.
G.
"Commercial photography"
means still images taken with a camera that the photographer intends to
				sell.
H.
"Concession"
means commercial activity conducted within a park the department has authorized
				in writing.
I.
"Concessionaire"
means the owner or operator of a concession who
				operates pursuant to a department-issued concession contract.
J.
"Concessions administrator"
means a division employee who maintains records and documentation concerning
				concession contracts and concession permits.
K.
"Concession contract"
means
				an agreement between the department and a person, or business entity, which
				allows the concessionaire to provide services, merchandise, accommodations or
				facilities within a park. The concessionaire may or may not occupy a permanent
				structure or location within the park. The concession contract's term shall not
				exceed 30 years pursuant to Section
				16-2-9
				NMSA 1978.
L.
"Concession
				permit"
means a permit the department issues to a person or business
				entity to provide commercial activities, including services or goods, in a park
				for a period of up to one year. The fee for a concession permit is established
				in 19.5.6 NMAC. Services the division may authorize under a concession permit
				include guiding and outfitting services for fishing, boating and rafting
				excursions; educational and park resource protection services; and other
				services or goods, including commercial services, that enhance visitors'
				experience and enjoyment, such as sales of firewood, propane, ice, food or
				refreshments.
M.
"Concession
				permittee"
means the holder of a department-issued concession
				permit.
N.
"Cultural
				property"
means a structure, place, site or object having historic,
				archaeological, scientific, architectural or other cultural
				significance.
O.
"Department"
means the energy, minerals and natural resources
				department.
P.
"Developed
				site"
means a park camping site with at least one shelter, table or
				grill or a combination of two or more such facilities at the site. Sites with
				recreational vehicle utility hookups are considered developed regardless of the
				presence of shelters, tables or grills.
Q.
"Director"
means the director
				of the energy, minerals and natural resources department, state parks
				division.
R.
"Director
				designee"
means persons the director appoints including deputy
				directors, bureau chiefs, regional managers and park superintendents.
S.
"Division"
means the energy,
				minerals and natural resources department, state parks division.
T.
"Flotation assist device"
means a wet suit or wearable flotation device in good condition capable of
				providing flotation to the wearer on the water's surface.
U.
"Geocaching"
means an outdoor
				treasure-hunting activity in which the participants use a global positioning
				system receiver or other navigational means to hide or find containers called
				"geocaches" or "caches".
V.
"Gross receipts from sales and services"
means the total amount of
				receipts from sales and services.
W.
"Guide"
means an individual
				or an employee of an outfitter who is hired to escort or accompany clients in
				fishing, rafting or boating.
X.
"Letter boxing"
means an outdoor hobby that combines elements of
				orienteering, art and puzzle solving. Letter boxers hide small, weatherproof
				boxes in publicly-accessible places and distribute clues to finding the boxes
				in printed catalogs, on websites or by word of mouth. The activity is
				characterized by the boxes containing a logbook and a rubber stamp. Letter
				boxers stamp the box's logbook with personal rubber stamps and use the box's
				stamp to imprint their personal logbooks as proof they found the box.
Y.
"Net receipts from sales and
				services"
means the total amount of receipts from sales and services,
				less the amount of gross receipts taxes.
Z.
"Off highway motor vehicle"
means a motor vehicle designed by the manufacturer for operation exclusively
				off the highway or road and includes:
(1)
"all-terrain vehicle,"
which means a motor vehicle 50 inches or
				less in width, having an unladen dry weight of 1,000 pounds or less, traveling
				on three or more low-pressure tires and having a seat designed to be straddled
				by the operator and handlebar-type steering control;
(2)
"off-highway motorcycle,"
which means a motor vehicle traveling on not more than two tires and having a
				seat designed to be straddled by the operator and has handlebar-type steering
				control;
(3)
"snowmobile,"
which means a motor vehicle designed for travel on
				snow or ice and steered and supported in whole or part by skis, belts, cleats,
				runners or low-pressure tires;
(4)
"recreational off-highway vehicle,"
which means a motor vehicle
				designed for travel on four or more non-highway tires, for recreational use by
				one or more persons, and having:
(a) a
				steering wheel for steering control;
(b) non-straddle seating;
(c) maximum speed capability greater than 35
				miles per hour;
(d) gross vehicle
				weight rating no greater than 1,750 pounds;
(e) less than 80 inches in overall width,
				exclusive of accessories;
(f)
				engine displacement of less than 1,000 cubic centimeters; and
(g) identification by means of a 17-character
				vehicle identification number; or
(5) by rule of the department of game and
				fish, any other vehicles that may enter the market that fit the general profile
				of vehicles operated off the highway for recreational purposes.