reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 10 - NEW MEXICO HUNTER-TRAPPER REPORTING SYSTEM › Section 19.30.10.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Confirmation
				code" shall mean a unique alpha-numeric code that identifies a specific
				transaction of information.
B.
				"Department" shall mean the New Mexico department of game and fish.
C. "Hunting or trapping report" shall mean
				the provision of required information, as determined by the department, by any
				person licensed or permitted to hunt deer, elk, pronghorn antelope, javelina,
				Barbary sheep, oryx, Persian ibex and turkey or hunt and trap furbearers in New
				Mexico, regarding their hunting or trapping activities.
D. "Landowner authorization" shall mean the
				document generated by the department and issued to a private landowner that
				authorizes the holder to purchase a specified license.
E. "Private land only deer hunters" shall
				mean persons that hunt deer during designated private land only
				hunts.
F. "Special entry hunt"
				shall mean hunts where hunter numbers are limited by rule and application for
				license or permit is required.
G.
				"Application" shall mean any form, approved by the department that requires an
				individual to supply information that may result in the issuance of a hunting
				or trapping license or permit.
H.
				"Application rejected" shall mean that applications for hunting licenses or
				permits may be rejected by the department pursuant to Subsection H of 19.31.3.8
				NMAC, including hunting and trapping activity reporting requirements
				established herein.
I. "Customer
				identification number" or "CIN" shall mean that number permanently assigned by
				the department to uniquely identify a person purchasing a permit or license
				from the department.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 10 - NEW MEXICO HUNTER-TRAPPER REPORTING SYSTEM › Section 19.30.10.9 - TRUTH IN REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
Licensed or permitted deer, elk, pronghorn antelope,
				  javelina, Barbary sheep, oryx, Persian ibex and turkey hunters and licensed
				  trappers or furbearer hunters who provide false or fraudulent information
				  regarding the results of hunting or trapping activities shall be assessed
				  revocation points pursuant to 19.31.2 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 11 - CIVIL LIABILITY › Section 19.30.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
17-1-14,
				  17-1-26
				  and
				  17-2-26 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 establish civil liability.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 11 - CIVIL LIABILITY › Section 19.30.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Establishing civil liability value and basic regulation,
				  rules and procedures governing the civil action by the department pertaining to
				  civil damages recoverable by judgment.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 11 - CIVIL LIABILITY › Section 19.30.11.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Antlered
				points" shall mean the total number of points counted on a continuous antler
				beam. To constitute a countable point, it must be distinct. A burr at the base
				does not constitute an antlered point.
B. "Scoring" shall mean the method of measure
				adopted and utilized by Safari club international that determines the size of
				antlers, heads or horns of a game animal that has two antlers or two horns. If
				a dispute in the scoring arises, then a certified or trained scorer of the
				Safari club international will score the game animal in question and document
				their findings for the defendant and department.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 11 - CIVIL LIABILITY › Section 19.30.11.8 - CIVIL LIABILITY ABOVE TEN THOUSAND DOLLAR ($10,000.00) VALUE

Current through Register Vol. 35, No. 13, July 16, 2024
The director is authorized to pursue civil liability for
				  greater than ten thousand dollars ($10,000.00) for any bighorn sheep, elk or
				  mule deer that scores higher than the criteria established
				  below.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 11 - CIVIL LIABILITY › Section 19.30.11.9 - CIVIL LIABILITY CIRCUMSTANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Game animal and game bird: The director or
				any officer may file a civil action in any court of jurisdiction for the trophy
				value of a game animal or bird providing that evidence and information indicate
				that the game was killed or possessed out of season, taken with the aid of
				artificial light, taken without a proper license, exceeded the bag limit or
				resulted in waste of game.
B. Game
				fish: The director or any officer may file a civil action in any court of
				jurisdiction for the trophy value of a game fish providing that evidence and
				information indicate that the game fish was killed, taken or possessed
				exceeding the bag limit
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 11 - CIVIL LIABILITY › Section 19.30.11.10 - TROPHY DESIGNATION AND VALUE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Antelope (pronghorn):
(1) Any 1 buck with at least one of two horns
				that is 14.0 inches in length is valued at two thousand dollars
				($2,000.00).
(2) Any 1 buck that
				has a total scoring of 70.0 points - 75.9 points is valued at four thousand
				dollars ($4,000.00).
(3) Any 1 buck
				that has a total scoring of 76.0 points - 79.9 points is valued at six thousand
				dollars ($6,000.00).
(4) Any 1 buck
				that has a total scoring of 80.0 points or greater is valued at eight thousand
				dollars ($8,000.00).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 13 - ARTIFICIAL LIGHT PERMIT SYSTEM › Section 19.30.13.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Issue permit for the use of artificial light as provided in
				  17-2-31.D
				  NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 13 - ARTIFICIAL LIGHT PERMIT SYSTEM › Section 19.30.13.3 - 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 30 - WILDLIFE ADMINISTRATION › Part 13 - ARTIFICIAL LIGHT PERMIT SYSTEM › Section 19.30.13.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 30, 2007, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 13 - ARTIFICIAL LIGHT PERMIT SYSTEM › Section 19.30.13.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To permit, authorize and regulate any person requesting a
				  permit for or using artificial light within New Mexico as exempted by
				  17-2-31.D
				  NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 13 - ARTIFICIAL LIGHT PERMIT SYSTEM › Section 19.30.13.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "History of
				violation" means any one court conviction or multiple convictions totaling up
				to 20 administrative points against a person violating any federal or state
				hunting law or regulation during the three-year period immediately preceding
				the application for permitting, provided that the violation committed, if
				committed in New Mexico, would equal or exceed revocation requirements as found
				in 19.31.2 NMAC. It shall also include any conviction for any felony, no matter
				when the felony was committed. It shall include any convictions as an accessory
				for the described crimes.
B.
				"Director" shall mean the director of the department of game and
				fish.
C. "Division" shall mean the
				New Mexico department of game and fish, law enforcement division.
D. "Landowner" shall be a person who owns or
				controls private land in New Mexico.
E. "Permit" shall mean an official document
				issued by the department for purposes exempted by
				17-2-31.D
				NMSA 1978.
F. "Department
				authorization" shall mean approval by the department of game and fish to use
				artificial light while hunting or taking a protected species as specified in
				this rule.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 13 - ARTIFICIAL LIGHT PERMIT SYSTEM › Section 19.30.13.8 - PERMIT PROCEDURES AND REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Application form and permit: Permits to
				use artificial light as defined in Section
				17-2-31
				NMSA 1978 and Title 19 Chapter 30 Part 13, shall be made only on forms provided
				by the department as prescribed and approved by the director.
B. Application deadlines: All applications
				must be received at least 5 working days before the requested period. All
				materials will be forwarded to the division for further background checking and
				processing.
C. Signature:
				Applications shall be signed by the applicant.
D. Provide verifiable written permission from
				a landowner(s).
E. Permit fee:
(1) All permit fees shall be submitted with
				the application.
(2) All permit
				fees are non refundable.
(3) Each
				permit fee shall be $15.00.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 13 - ARTIFICIAL LIGHT PERMIT SYSTEM › Section 19.30.13.9 - PROHIBITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. It is unlawful
				to cast the ray of any artificial light in any location or area other than the
				area(s) specified on the permit.
B.
				It is unlawful for any person to attempt to take, pursue, or take protected
				game (17-2-3
				NMSA 1978) with the use of artificial light.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 13 - ARTIFICIAL LIGHT PERMIT SYSTEM › Section 19.30.13.10 - PERMIT CANCELLATION

Current through Register Vol. 35, No. 13, July 16, 2024
If a landowner officially withdraws their permission in
				  writing to the division for their property, the permit will be cancelled and
				  the division shall contact the permittee informing them of the withdrawn
				  permission by the landowner and cancellation of the permit.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 13 - ARTIFICIAL LIGHT PERMIT SYSTEM › Section 19.30.13.11 - DEPARTMENT AUTHORIZATION - RACCOON HUNTING

Current through Register Vol. 35, No. 13, July 16, 2024
A validly licensed furbearer hunter is authorized by the
				  department to hunt for and take raccoons by use of artificial light while
				  hunting at night with a rim-fire rifle or handgun no greater in size than a .22
				  caliber, shotgun, bow or crossbow during open season. The artificial light used
				  for raccoon hunting must be a headlamp or hand held flashlight. It is unlawful
				  for any artificial light to be cast from a vehicle while raccoon
				  hunting.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 14 - AQUATIC INVASIVE SPECIES › Section 19.30.14.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Chapter 17, including 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 aquatic invasive
				  species.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 14 - AQUATIC INVASIVE SPECIES › Section 19.30.14.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 11, 2017, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 14 - AQUATIC INVASIVE SPECIES › Section 19.30.14.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Department"
shall mean the New Mexico department of game and
				fish.
B.
"Director"
shall mean the director of the New Mexico department of game and
				fish.
C.
"Warning tag"
as used herein, shall mean a document or tag issued by the department or other
				state or federal agency and affixed to a conveyance or equipment that prohibits
				a conveyance or equipment from entering into a water body until being properly
				decontaminated or otherwise approved for re-entry.
D.
"Impound"
shall mean to
				detain or subject to temporary control of the state other than detention for
				purposes of inspection a conveyance or equipment until the owner or person in
				control thereof shall meet all conditions for release of such conveyance or
				equipment.
E.
"Decontaminate"
shall mean to clean, drain, dry or otherwise treat
				a conveyance in accordance with guidelines established by the director,
				including minimum standards as described in the uniform minimum protocols and
				standards for watercraft inspection program for dreissenid mussels in the
				western United States (2012) or versions thereafter in order to remove or
				destroy an aquatic invasive species.
F.
"Proof of decontamination"
shall mean verifiable documentary proof, official marking or tag affixed to the
				conveyance or equipment, or otherwise provided to the owner or person in
				control of a conveyance or equipment trained personnel to effect
				decontamination of the conveyance or equipment, or otherwise demonstrate
				compliance with the decontamination requirement established by the director;
				such certification shall be valid only until the conveyance or equipment
				re-enters a water body.
G.
"Trained personnel"
means individuals who have successfully
				completed the United States fish and wildlife service's aquatic invasive
				species watercraft inspection and decontamination training, level I, level II
				or an equivalent training recognized by the director.
H.
"Watercraft inspection and
				decontamination seal"
shall mean a device issued by trained personnel
				that attaches the conveyance or equipment to the trailer to indicate that the
				conveyance or equipment has not been launched since it was last inspected or
				decontaminated, and is accompanied by a receipt.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 14 - AQUATIC INVASIVE SPECIES › Section 19.30.14.8 - WARNING TAG

Current through Register Vol. 35, No. 13, July 16, 2024
The director shall prescribe and procure the printing of
				  warning tags to be used for the state to identify any conveyance or equipment
				  known or believed to contain an aquatic invasive species or a conveyance or
				  equipment leaving an infested water body without being decontaminated.
A. Trained personnel may affix a warning tag
				to any conveyance or equipment known or believed to contain aquatic invasive
				species, based upon its point of origin or exposure to infested water, unless
				the person in control of such equipment or conveyance has proof of
				decontamination, or can otherwise demonstrate that the equipment or conveyance
				is not infested.
B. Trained
				personnel may affix a warning tag to a conveyance or equipment if they have
				reason to believe aquatic invasive species may be present and the person
				operating or in control of such conveyance or equipment refuses
				inspection.
C. Each warning tag
				shall be affixed on boats and other similar vessels within 12 inches of the
				boat number on the port (left) side, to the windshield of the conveyance or
				equipment, or in the case where a transport company is transferring the
				conveyance or equipment, via United States mail, electronic mail or hand
				delivery to both owner and transport company. In cases where no boat number is
				found the warning tag shall still be affixed in the same general
				location.
D. Each warning tag shall
				be individually affixed to all other conveyances and equipment in the most
				visible manner possible.
E. No
				warning tag may be removed except by trained personnel or a person or entity
				certified by the director and only if the respective personnel, person or
				entity is acting in their official capacity and has inspected the conveyance or
				equipment, satisfied that proper decontamination or elimination of aquatic
				invasive species has occurred.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 14 - AQUATIC INVASIVE SPECIES › Section 19.30.14.9 - IMPOUNDMENT OF CONVEYANCE OR EQUIPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any law enforcement officer may impound
				any conveyance or equipment if warning tagged and the conveyance or equipment
				is currently in or entering a water body.
B. Any law enforcement officer may impound
				any conveyance or equipment known or believed to contain aquatic invasive
				species if such conveyance or equipment is currently in a water body or the
				person operating or in control of such conveyance or equipment fails to follow
				the enforcement officer's command to immediately prevent such from entering or
				remaining in a water body.
C. A
				warning tag shall be immediately affixed to any conveyance or equipment
				impounded pursuant to Subsection B above.
D. Any impounded conveyance or equipment
				shall only be released from impoundment:
(1)
				upon receipt of satisfactory proof that decontamination requirements as
				prescribed by the director have been met; or
(2) upon receipt of a conditional release
				from the director wherein the owner or person responsible for the conveyance or
				equipment agrees to the specific terms and conditions that require immediate
				decontamination followed by an inspection to verify decontamination has
				occurred.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 14 - AQUATIC INVASIVE SPECIES › Section 19.30.14.10 - LIMITED TRANSPORT

Current through Register Vol. 35, No. 13, July 16, 2024
The department's employees, agents or designees, or employees
				  of other state or federal agencies while acting in their official capacity may
				  authorize an owner or person in control of a warning tagged conveyance or
				  equipment to transport the conveyance or equipment to a location approved by
				  the department or their designee.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 14 - AQUATIC INVASIVE SPECIES › Section 19.30.14.11 - WAIVER AND RELEASE OF LIABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
Prior to being eligible for decontamination by the state or
				  its designee the owner or person in control of a warning tagged conveyance or
				  equipment shall sign and deliver to the department a release of liability in a
				  form approved by the director.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 14 - AQUATIC INVASIVE SPECIES › Section 19.30.14.12 - INSPECTION AND DECONTAMINATION PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A. Trained personnel may establish check
				stations to inspect all conveyances or equipment prior to entering, being
				launched onto or being directly exposed to any water body of the state. It
				shall be unlawful for an owner or person in control of a conveyance(s) or
				equipment to knowingly avoid an established check station.
B. It shall be unlawful for an owner or
				person in control of conveyances or equipment transported into New Mexico or
				registered in a state other than New Mexico to knowing introduce, launch or
				directly expose a conveyance(s) or equipment to any water body of the state
				without first receiving an inspection and/or decontamination by trained
				personnel. Proof of decontamination may be used in lieu of an inspection at the
				discretion of trained personnel.
C.
				The owner of a conveyance or equipment that is greater than or equal to 26 feet
				in length and will be transported into or within New Mexico shall notify the
				department aquatic invasive species program coordinator at least 14 days prior
				to the anticipated date of transport.
D. Upon completion of any conveyance or
				equipment inspection, trained personnel may require decontamination,
				re-inspection and additional drying time prior to the conveyance or equipment
				entering any water body of the state.
E. Trained personnel may affix a watercraft
				inspection and decontamination seal to a conveyance or equipment to serve as
				proof of decontamination or inspection. Conveyances or equipment with an intact
				watercraft inspection and decontamination seal with accompanying receipt may be
				allowed to enter a water body of the state without further inspection or
				decontamination upon verification by trained personnel.
F. It shall be unlawful for the owner or
				person in control of a conveyance(s) or equipment transported on a public road
				in New Mexico to have any plug or other barrier in place that prevents water
				drainage from bilge lines, ballast tanks, motor cooling systems, live wells,
				compartments and equipment.
G. It
				shall be unlawful for the owner or person in control of a conveyance(s) or
				equipment to fail to take reasonable measures upon exiting a waterbody to
				decontaminate all equipment, compartments or spaces that are wet, hold water or
				could transfer AIS, including aquatic vegetation.
H. Trained personnel may not self-inspect,
				decontaminate or attach a seal to their own conveyance or equipment.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 15 - WILDLIFE CONSERVATION VOLUNTEERS › Section 19.30.15.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  17-1-14
				  B NMSA 1978, provides that the New Mexico state game commission has the
				  authority to establish rules and regulations for volunteer service as it may
				  deem necessary to carry out the department's statutory requirements and other
				  acts pertaining to the department's programs.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 15 - WILDLIFE CONSERVATION VOLUNTEERS › Section 19.30.15.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Establish rule to implement a process for New Mexico
				  department of game and fish to use volunteers to help support and promote its
				  programs.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 15 - WILDLIFE CONSERVATION VOLUNTEERS › Section 19.30.15.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				"
Commission
" means the state game commission.
B. "
Department
" means the New
				Mexico department of game and fish.
C. "
Director
" means the director
				of the New Mexico department of game and fish.
D. "
Motorized equipment
" means
				any machine that uses or is activated by a motor, engine, or other power
				source. This includes, but is not limited to, chainsaws, power drills,
				generators, motor boats, off highway vehicles, dirt bikes, snowmobiles, lawn
				mowers, and leaf blowers.
E.
				"
Public employee
" as defined in 1.6.5 NMAC, means individuals as
				defined in, Section
				41-4-3(F)
				NMSA 1978 of the Tort Claims Act.
F. "
Registered volunteer
" means
				an individual that has been officially placed into one or more of the
				department's volunteer positions after successfully completing all application,
				training and certification requirements.
G. "
Special-use vehicles
" means
				state vehicles designated as such by the director or designee, including but
				not limited to buses, tractors, boats, trailers, snow cats, vehicles of special
				design or construction that effectively limits their use for a particular
				purpose, and all other vehicles that are not passenger vehicles.
H. "
State vehicle
" as defined in
				1.5.3 NMAC, means an automobile, van, sport-utility truck, pickup truck, or
				other vehicle with a declared gross vehicle weight of less than 10,000 pounds
				that is used by a state agency to transport passengers or property.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 15 - WILDLIFE CONSERVATION VOLUNTEERS › Section 19.30.15.9 - GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Background checks: Applicants must consent to and pass a formal background
				investigation as prescribed by the director to be eligible for consideration
				for placement into a registered volunteer position with the
				department.
B. Training and
				certifications: Applicants must successfully complete all training and
				certification requirements for each position they have applied for prior to the
				performance of the positions duties.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 15 - WILDLIFE CONSERVATION VOLUNTEERS › Section 19.30.15.10 - REVIEW AND REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department shall provide to the commission an annual accounting of the wildlife
				conservation volunteers program.
B.
				The wildlife conservation volunteers program shall be included in the annual
				independent audit of the department and must adhere to the Audit Act, 12-6-12
				NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 17 - PROCEDURAL RULE FOR PUBLIC RULE HEARINGS › Section 19.30.17.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  14-4-5.8 NMSA
				  1978, Sections
				  17-1-14
				  and
				  17-1-26
				  NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 17 - PROCEDURAL RULE FOR PUBLIC RULE HEARINGS › Section 19.30.17.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 30, 2018, unless a later date is cited in the history
				  note at the end of a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 17 - PROCEDURAL RULE FOR PUBLIC RULE HEARINGS › Section 19.30.17.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To provide procedural rules for public rule hearings for use
				  by the state game commission and the department of game and fish consistent
				  with the State Rules Act, and to facilitate public engagement with the
				  administrative rulemaking process in a transparent, organized, and fair
				  manner.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 17 - PROCEDURAL RULE FOR PUBLIC RULE HEARINGS › Section 19.30.17.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
This rule adopts the definitions found in Section
				  14-4-2
				  NMSA 1978 and the listing in this section.
A.
"Commission"
shall mean the
				New Mexico state game commission.
B.
"Department"
shall mean the
				New Mexico department of game and fish.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 17 - PROCEDURAL RULE FOR PUBLIC RULE HEARINGS › Section 19.30.17.8 - INITIATION OF THE RULEMAKING PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
The rulemaking process for purposes of this rule is initiated
				  when the department publicly posts a notice for a rule hearing pursuant to
				  Section
				  14-4-5.2
				  NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 17 - PROCEDURAL RULE FOR PUBLIC RULE HEARINGS › Section 19.30.17.9 - RULEMAKING NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department shall provide to the public notice of the proposed rulemaking as
				required by Section
				14-4-5.2
				NMSA 1978.
B. If the commission
				changes the date of the public rule hearing or shortens the deadline for
				submitting comments as stated in the notice, the department shall provide
				notice to the public of the change as provided above.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 17 - PROCEDURAL RULE FOR PUBLIC RULE HEARINGS › Section 19.30.17.10 - WRITTEN COMMENT PERIOD

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				commission shall allow for public comment on the proposed rule as defined by
				Section
				14-4-5.3
				NMSA 1978.
B. The commission may
				decide before, during, or after the public rule hearing to extend the comment
				period by providing public notice, to include:
(1) posting on the department
				website;
(2) making it available by
				posting notice in a publicly visible location in department's headquarters and
				regional offices;
(3) sending
				notice by electronic mail to persons who have participated in the rulemaking
				proceeding or made a written request for notice of rulemaking proceedings and
				provided an electronic mail address to the department; and
(4) sending notice by regular mail to persons
				who have participated in the rulemaking proceeding or made a written request
				for notice of rulemaking proceeding and provided a postal address and
				specifically requested notice by regular mail.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 17 - PROCEDURAL RULE FOR PUBLIC RULE HEARINGS › Section 19.30.17.11 - PUBLIC HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prior
				to adopting a proposed rule, the commission must hold a public rule hearing.
				The purpose of the public rule hearing is to provide all interested persons a
				reasonable opportunity to submit data, views or arguments orally or in writing
				on the proposed rule. The commission, at its sole discretion, may determine
				whether more than one hearing is necessary.
B. The chair of the commission may act as the
				hearing officer or designate a representative or hearing officer to preside
				over its public rule hearing. The hearing officer may ask questions and provide
				comments for clarification purposes only.
C. At the start of the hearing, any pre-filed
				exhibits should be introduced and admitted into the rulemaking record.
				Pre-filed exhibits should include: copies of the public notices of the
				rulemaking, including any lists of individuals to whom notice was mailed or
				sent electronically; copies of the proposed rule in underline and strikethrough
				format; and copies of any written comment submitted during the comment period
				prior to the rule hearing. Any written comments or other documents introduced
				during the hearing should be admitted into the record after being marked as an
				exhibit.
D. Individuals from the
				public wishing to provide comment or submit information at the rule hearing
				must state their name and any relevant affiliation for the record and be
				recognized before presenting by the individual presiding over the hearing. Any
				individual who provides information or public comment at the hearing may be
				questioned by the hearing officer, or other members of the
				commission.
E. The rule hearing
				shall be conducted in a fair and equitable manner. The hearing officer may
				determine the manner in which the hearing is conducted, but the hearing should
				be conducted in a simple and organized manner that facilitates public comment
				and a clear rulemaking record. The rules of evidence do not apply to public
				rule hearings and the hearing officer may, in the interest of efficiency,
				exclude or limit comment that is deemed irrelevant, redundant, or unduly
				repetitious.
F. The commission must
				hold the hearing in a venue that reasonably accommodates all interested persons
				who wish to participate or observe, and appropriate audio equipment should be
				secured to ensure all persons in attendance can hear the proceeding and be
				heard when presenting comment. Reasonable efforts shall be made to accommodate
				the use of audio and video recording devices.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 17 - PROCEDURAL RULE FOR PUBLIC RULE HEARINGS › Section 19.30.17.12 - RULEMAKING RECORD AND ADOPTION OF RULE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Once the rulemaking process has been
				initiated, the department shall maintain a record of the rulemaking proceeding
				as required in Section
				14-4-5.4
				NMSA 1978, and any written comment, document, or other exhibit entered into the
				record during the rule hearing shall be labeled clearly.
B. The adoption of the proposed rule shall
				occur during a public meeting. The adoption date of the proposed rule shall be
				the date of the public meeting at which the vote occurred, unless the
				commission directs that a written order be issued, in which case the adoption
				date shall be the date the written order is signed. The commission may provide
				reasoning for the adopted rule through comments or discussion during its
				meeting, or by providing a statement of reasons in a written order.
C. The commission, through the department,
				shall provide a concise explanatory statement per Section
				14-4-5.5
				within 15 days after the date of adoption.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 17 - PROCEDURAL RULE FOR PUBLIC RULE HEARINGS › Section 19.30.17.13 - FILING AND PUBLICATION; EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
Once the commission has adopted a rule(s), the department
				  shall follow the procedures for final adoption as defined in Section
				  14-4-5
				  NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 17 - PROCEDURAL RULE FOR PUBLIC RULE HEARINGS › Section 19.30.17.14 - EMERGENCY RULES

Current through Register Vol. 35, No. 13, July 16, 2024
The commission and department shall comply with the
				  rulemaking procedures herein and the State Rules Act unless the commission or
				  department finds that an emergency situation exists. The commission and the
				  department shall adhere to Section
				  14-4-5.6 NMSA
				  1978, if the need for an emergency rule is determined.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 18 - FAIR CHASE › Section 19.30.18.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  17-2-1 NMSA
				  1978 provides that the New Mexico state game commission may prescribe rules
				  that embody the principles of fair chase, including prohibitions on the use of
				  specific wildlife location data. 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 30 - WILDLIFE ADMINISTRATION › Part 18 - FAIR CHASE › Section 19.30.18.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 11, 2020, unless a later date is cited in the
				  history note at the end of a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 18 - FAIR CHASE › Section 19.30.18.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To prevent the inappropriate distribution and use of
				  wildlife location data collected by the department or its contractors that
				  could be used to locate or assist in locating an individual animal or
				  population.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 18 - FAIR CHASE › Section 19.30.18.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Department"
shall mean the New Mexico department of game and
				fish.
B.
"Director"
shall mean the director of the New Mexico department of game and
				fish.
C.
"Fair chase"
shall mean the ethical, sportsmanlike, and lawful pursuit and taking of any
				free-ranging wildlife species in a manner that does not give an individual an
				improper advantage over such animals.
D.
"Location information"
shall
				mean any data or information derived from methods including but not limited to
				Global Positioning System (GPS), radio telemetry, photographs, aerial and
				ground surveys, and visual or aural observation. Such data includes, but is not
				limited to, coordinates, location description, and similar
				information.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 18 - FAIR CHASE › Section 19.30.18.8 - LOCATION INFORMATION TO BE WITHHELD

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department shall withhold location
				information:
(1) that could be used to locate
				an animal(s) or be used contrary to the principles of fair chase;
(2) as long as a transmitter is
				active;
(3) until the transmittered
				animal is known, or can be reasonably be assumed, to be dead;
(4) during an ongoing study;
(5) if it could compromise the viability of a
				population where there is a known demand to visit, take, or disturb the
				species;
(6) if it could encourage
				illegal take;
(7) if the species
				has a limited distribution either continuously or at specific times;
(8) that has been provided to the department
				from other agencies, universities, or other researchers; and
(9) as provided in 19.33.4
				NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 30 - WILDLIFE ADMINISTRATION › Part 18 - FAIR CHASE › Section 19.30.18.9 - EXEMPTIONS FROM WITHHOLDING LOCATION INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
The department may release location information and radio
				  frequencies if:
A. entering into
				agreements for scientific, management, conservation, or educational
				purposes.
B. determined that the
				individual or population is not at risk of being compromised by releasing the
				location data.
C. buffered such
				that the location information would not compromise the individual or
				population.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 2 - HUNTING AND FISHING LICENSE REVOCATION › Section 19.31.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Anyone who violates the provisions of Chapter 17 NMSA 1978,
				  Section
				  30-14-1 NMSA
				  1978, the Interstate Wildlife Violator Compact (Chapter 11 NMSA 1978) and the
				  Parental Responsibility Act (Chapter 40 NMSA 1978).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 2 - HUNTING AND FISHING LICENSE REVOCATION › Section 19.31.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  11-16-5,
				  11-16-6,
				  17-1-14,
				  17-2-10.3,
				  17-3-34,
				  30-14-1,
				  40-5A-3,
				  and
				  40-5A-6
				  NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 2 - HUNTING AND FISHING LICENSE REVOCATION › Section 19.31.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 1, 2022 unless a later date is cited at the end of a
				  section or paragraph.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 2 - HUNTING AND FISHING LICENSE REVOCATION › Section 19.31.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To revoke, suspend or deny the privileges of any person who
				  persistently, flagrantly or knowingly violates any of the provisions of Chapter
				  17 NMSA 1978, any rule adopted by the state game commission, the conditions of
				  their agreement, license, permit or privileges, or Section
				  30-14-1 NMSA
				  1978; whose name appears on a HSD certified list of obligors not in compliance
				  with the Parental Responsibility Act, Section
				  40-5A-1
				  NMSA 1978; who fails to pay a penalty assessment levied pursuant to Section
				  17-2-10.1
				  NMSA 1978; who fails to appear, after proper notice, for hearings as required
				  by law or regulation pursuant to Section
				  17-2-10.3
				  NMSA 1978; who has a civil judgment assessed against them pursuant to Section
				  17-2-26 NMSA 1978
				  until those damages have been paid in full; whose privileges have been revoked
				  by a wildlife violator compact member state or of any resident that fails to
				  meet the terms of a citation issued from a compact member state pursuant to the
				  Interstate Wildlife Violator Compact, Section
				  11-16-1
				  NMSA 1978; or, who does not comply with a department sponsored private lands
				  agreement.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 2 - HUNTING AND FISHING LICENSE REVOCATION › Section 19.31.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Commission"
means the New Mexico state game commission.
B.
"Conviction"
means any
				adjudication of guilt; plea of guilty or nolo contendere accepted by the court;
				or payment of a fine, court cost, court order or penalty assessment; or
				forfeiture of collateral; regardless of whether sentencing or imposition of
				sentencing has been deferred or suspended.
C.
"Department"
means New Mexico
				department of game and fish.
D.
"Director"
means the director of the department of game and
				fish.
E.
"HSD"
means
				the New Mexico human services department.
F.
"Notice of contemplated
				action"
or
"NCA"
means a written notice that the commission
				is considering revoking a respondent's privileges, the basis for the action and
				the manner in which they can request a hearing.
G.
"Notice of suspension"
or
"NOS"
means a written notice that the department has suspended a
				respondent's privileges until they come into compliance with parental
				responsibility obligations to HSD, compliance with criminal obligations to a
				court, compliance with criminal or civil obligations to the department or that
				the department has suspended or revoked the respondent's privileges in
				accordance with the Interstate Wildlife Violators Compact.
H.
"Obligor"
means a person who
				has been ordered to pay child or spousal support pursuant to a judgment and
				order for support.
I.
"Privilege(s)"
means the ability to purchase, receive, obtain or
				possess any license, permit, certificate, registration, authorization or
				agreement issued by the department, including but not limited to, hunting,
				fishing, trapping, private land hunting authorizations or permits, guiding and
				outfitting.
J.
"Respondent"
means any person who is subject to revocation or
				suspension.
K.
"Revocation"
means when a person's privileges are withheld by the
				commission or department, after notice and opportunity for a hearing, for a
				definite period of time.
L.
"Suspension"
means a person's privileges are withheld by the
				commission or department until the person comes into compliance.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 2 - HUNTING AND FISHING LICENSE REVOCATION › Section 19.31.2.8 - CRIMINAL REVOCATION CATEGORIES AND POINTS

Current through Register Vol. 35, No. 13, July 16, 2024
Each conviction or penalty assessment for a violation of
				  Chapter 17 NMSA 1978, Section
				  30-14-1 NMSA
				  1978 or commission rule will result in the assessment of points. Any person
				  with 20 or more points accumulated within any consecutive three-year period
				  shall have all of his or her privileges subject to revocation or suspension.
				  The tolling of time for the three consecutive years shall begin from the date
				  of conviction or the date a penalty assessment was accepted.
A.
40-point criminal violations:
(1) hunting with the aid of an artificial
				light or spotlight, in violation of Section
				17-2-31
				NMSA 1978;
(2) felony waste of game
				in violation of Section
				17-2-8
				NMSA 1978;
(3) selling, offering
				for sale, offering to purchase or purchasing any game animal, game bird or game
				fish or parts thereof in violation of Section
				17-2-7
				NMSA 1978;
(4) any violation of
				Section
				17-3-45
				NMSA 1978 related to shooting from an aircraft involving any game animal, game
				bird or any state listed threatened or endangered animal;
(5) applying for or receiving an outfitter or
				guide registration while revoked;
(6) any violation of Section
				17-3-48
				NMSA 1978;
(7) any violation of
				Section
				17-3-49
				NMSA 1978;
(8) except as otherwise
				provided by Sections
				17-2-37 to
				17-2-46,
				taking, possessing, transporting, exporting, processing, selling or offering
				for sale, or shipping any species or subspecies of wildlife listed on the state
				list of endangered or threatened species or the United States' list of
				endangered native and foreign fish and wildlife;
(9) knowingly or willfully introducing an
				aquatic invasive species, in violation of Section
				17-4-35
				NMSA 1978; or
(10) accessory to any
				of the above violations.