New Mexico Administrative Code

New Mexico Department of Game and Fish.

People interested in training bird dogs and holding field trials or field tests for dogs.

Sections 17-1-14, 17-1-26, and 17-15-4 NMSA 1978 provide that the New Mexico state game commission has the authority to establish rules and regulations that it may deem necessary to carry out the purpose of Chapter 17 NMSA 1978 and all other acts pertaining to protected species.

Permanent.

December 30, 1995 [unless a later date is cited at the end of a section]

Establish the use of legally propagated game birds in training bird dogs, with or without the use of call pens, and establishing the use of game birds and raccoons in field trials and field tests.

A. "Legally propagated game birds for use in training bird dogs" shall mean pen-raised pheasants, bobwhite quail, and chukar. B. "Game birds for use in field trials and tests" shall mean legally propagated pen-raised pheasants, quail, chukars, and mallards. C. "Field trial" shall…

A. In conjunction with bird dog training, a person may daily possess, liberate and kill up to ten (10) legally propagated game birds raised or obtained in accordance with New Mexico laws and regulations. B. While engaged in this activity, a person must have in possession a proper…

A. It shall be unlawful to conduct a field trial or field test without first submitting an application to the director of the department of game and fish. B. The application and fee for a field trial or field test must be received by the department of game and fish at least 15 da…

New Mexico Department of Game and Fish.

A. Legally propagated game birds may be taken only with the following methods: shotguns fired from the shoulder; any longbow and arrow; any legally held raptor used for falconry purposes. B. Legally propagated game birds may be taken, hunted, or pursued by the use of dogs, artifi…

A. The shooting preserve season shall be in the period September 1 through March 31 of the following year. Within this period, the preserve operator may specify dates for taking legally propagated game birds. B. Hunting hours shall be from one-half hour before sunrise to sunset. …

A. Legally propagated game birds may be released on a regulated shooting preserve in any quantity. Birds may be released but not hunted prior to the shooting preserve season. B. Possession of game birds on the shooting preserve will be accompanied by an invoice in accordance with…

A. Shooting preserve bird tags, issued by the department of game and fish, shall be numbered and issued to shooting preserve owners, operators or managers for a fee of 10 cents per tag. Tags will be affixed to each bird taken on the preserve. B. Records and Reports: (1) The prese…

Landowners or managers who wish to establish, maintain, and operate a regulated shooting preserve on deeded land. License fee is designated in 19 NMAC 30.1[now 19.30.9 NMAC].

Sections 17-1-14, 17-1-26, and 17-3-36 NMSA 1978 provide that the New Mexico state game commission has the authority to establish rules and regulations that it may deem necessary to carry out the purpose of Chapter 17 NMSA 1978 and all other acts pertaining to protected species.

Permanent.

December 30, 1995 [unless a later date is cited at the end of a section]

To govern the establishment, maintenance and operation of regulated shooting preserves.

A. "Legally propagated game birds" shall mean all pheasants, quail, chukars and mallards within a regulated preserve. B. [Reserved]

A regulated shooting preserve shall contain not less than 30 acres and not more than the number of contiguous deeded acres owned or controlled by the applicant. If the owner, operator, or manager of a preserve desires to increase the area of the preserve, he/she shall submit to t…

A. Posting: The shooting preserve shall be posted by placing signs at every primary entrance to the preserve and along each boundary where the preserve adjoins public land. Signs shall be posted after the state game commission has approved the application and before the permit ca…

New Mexico Department of Game and Fish.

A. Any violation of the New Mexico department of game and fish statutes, rules and regulations of the commission, or any provision in the permit, including amendments, may result in suspension, probation or revocation of a permit in addition to any applicable civil, criminal or a…

A. An opportunity for hearing may be provided to any applicant or permit holder for any denial of a permit, probationary terms of a permit, denial of a permit renewal, or issuance of a permit where the terms of issuance are materially different from those requested by the applica…

A. A permit holder shall carry out all rehabilitation in a manner consistent with the goal of returning wildlife to its native range and habitat and in conformity with its seasonal occurrence in New Mexico. B. A permit holder may designate an agent to transport wildlife associate…

A. Permit holders shall file annual reports by January 30 of each permit year unless permission is granted for a later filing. B. Annual reports shall be completed and submitted on a form provided by or approved by the department. Rehabilitation records on each animal shall be ma…

A. Rehabilitation permit holders shall comply with the applicable facilities standards of this regulation in addition to any specific requirements placed in their permits. B. Permit holders shall provide confinement areas and cages for rehabilitation purposes appropriately sized,…

People involved with the rehabilitation of wildlife.

Sections 17-1-14 and 17-1-26 NMSA 1978 provide that the NM state game commission has the authority to establish rules and regulations that it may deem necessary to carry out the purpose of Chapter 17 NMSA 1978 and all other acts pertaining to protected mammal, birds and fish.

Permanent.

September 15, 1994 [unless a later date is cited at the end of a section]

Establish and implement a system for the issuance and use of permits for the rehabilitation of sick, injured, orphaned or otherwise incapacitated wildlife for return to the wild or other authorized disposition in New Mexico.

A. "Agent": A person authorized to assist a permittee in performing rehabilitation functions, including transport or rehabilitation of wildlife, provided there is an employment or direct supervisory relationship between the permittee and the agent. B. "Apprentice": A person in tr…

A. Applications shall be filed on forms supplied by the department. B. Applications shall contain a verified or sworn statement by the applicant attesting to the truth of the facts stated in the application. C. Applications shall be made in the name of an adult person (18 years a…

A. Permits shall be renewed in accordance with this regulation subject to its requirements unless issued as non-renewable permits. B. Renewal applications shall be filed in writing on an application form provided by the department. C. All terms of the permit, including the filing…

New Mexico Department of Game and Fish.

A. General permit provisions: (1) All protected wildlife, their offspring, and any parts held under the authority of a permit shall remain property of the state of New Mexico. The director shall have the authority to require that any permitted wildlife be returned to the departme…

A. Apermit holder must submit an annual report by the deadline specified by the director. B. Annual reports must be submitted, received, and approved by the department prior to renewal or reissuance of any permit. C. The annual report shall include the disposition of all wildlife…

A. Permit holders shall adhere to department guidelines for reasonable and humane care of captive wildlife. Requests for variations on facility guidelines must be submitted to the department in writing and include justification. All facility variation requests are subject to depa…

A. The director shall have the authority to: (1) establish and approve any forms, applications and documents necessary to carry out the provisions of this rule; (2) establish and approve all notice and posting provisions for public displays of wildlife; (3) impose corrective meas…

A. Any violation of state statutes, rules, or permit provisions, including amendments, may result in cooperative compliance or denial or of a permit in addition to any applicable civil, criminal or administrative remedies and penalties. B. The signature of an applicant, permittee…

A permit applicant may appeal a denial by the director in accordance with the following procedures: A. Commission appeal: (1) The applicant must submit, by certified mail, a written appeal to the chairman of the state game commission within 20 days of denial by the director. (2) …

The following are exempt from applying for or holding permits for conducting activities under this rule: A. employees of the New Mexico department of game and fish and other government agencies acting in the course of their official duties as determined by the director; B. person…

A law enforcement officer operating in a director approved covert operation may take protected wildlife pursuant to a license issued to a covert identity or pursuant to a permit or written authorization issued by the director or his designee.

The department of game and fish and persons seeking authorization for the taking of protected wildlife for educational, law enforcement, scientific or research purposes.

Sections 17-1-14, 17-1-26, NMSA 1978 and 17-2-37 through 17-2-46, and 17-3-1, NMSA 1978 provide that the New Mexico state game commission has the authority to establish rules and regulations that it may deem necessary to carry out the purpose of Chapter 17, NMSA 1978 and all othe…