This rule was filed as 19
NMAC 35.3.
TITLE 19 NATURAL RESOURCES AND WILDLIFE
CHAPTER 35 CAPTIVE WILDLIFE USES
PART 3 SHOOTING PRESERVES
19.35.3.1 ISSUING AGENCY: New Mexico
Department of Game and Fish.
[12-/30/95; Recompiled
12/31/01]
19.35.3.2 SCOPE: 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].
[12/30/95; Recompiled
12/31/01]
19.35.3.3 STATUTORY AUTHORITY: 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.
[7/8/92, 12/30/95; Recompiled
12/31/01]
19.35.3.4 DURATION: Permanent.
[12/30/95; Recompiled
12/31/01]
19.35.3.5 EFFECTIVE DATE: December 30,
1995 [unless a later date is cited at the end of a section]
[12/30/95; Recompiled
12/31/01]
19.35.3.6 OBJECTIVE: To govern the
establishment, maintenance and operation of regulated shooting preserves.
[7/8/92, 12/30/95; Recompiled
12/31/01]
19.35.3.7 DEFINITIONS:
A. "Legally
propagated game birds" shall mean all pheasants, quail, chukars and
mallards within a regulated preserve.
B. [Reserved]
[7/8/92, 12/30/95; Recompiled
12/31/01]
19.35.3.8 MAXIMUM AND MINIMUM SIZE OF
REGULATED SHOOTING PRESERVES: A regulated shooting preserve shall contain
not less than 30 acres and not more than the number of contiguous deeded acres
owned or controlled by the applicant. If the owner, operator, or manager of a
preserve desires to increase the area of the preserve, he/she shall submit to
the department of game and fish a new plat or map indicating the proposed addition.
The addition shall not be made without written approval from the director.
[7/8/92; Recompiled 12/31/01]
19.35.3.9 FENCES AND SIGNS:
A. Posting:
The shooting preserve shall be posted by placing signs at every primary
entrance to the preserve and along each boundary where the preserve adjoins
public land. Signs shall be posted after the state game commission has approved
the application and before the permit can be issued. Signs are to be maintained
to ensure conformity with this regulation.
B. Signs:
The signs posted on a licenses shooting preserve shall state the following:
"Regulated Shooting
Preserve"
(Name of shooting preserve, if any)
(Shooting preserve license number)
"Hunting by Permission
Only"
(Owner's name and address)
C. Fences:
Where possible and reasonable, regulated shooting preserves should be fenced.
Fences, if present, may be of any type and need not be constructed to confine
birds.
[7/8/92; Recompiled 12/31/01]
19.35.3.10 METHOD OF HUNTING ON REGULATED
SHOOTING PRESERVE:
A. Legally
propagated game birds may be taken only with the following methods: shotguns
fired from the shoulder; any longbow and arrow; any legally held raptor used
for falconry purposes.
B. Legally
propagated game birds may be taken, hunted, or pursued by the use of dogs,
artificial decoys, blinds and manually or mouth-operated bird calls.
C. Legally
propagated game birds may not be killed, shot at, pursued or unnecessarily
harried, driven, or rallied by use of or from a motor-driven vehicle, powerboat
or sailboat.
[7/8/92; Recompiled 12/31/01]
19.35.3.11 OPEN SEASONS ON REGULATED SHOOTING
PRESERVES:
A. The
shooting preserve season shall be in the period September 1 through March 31 of
the following year. Within this period, the preserve operator may specify dates
for taking legally propagated game birds.
B. Hunting
hours shall be from one-half hour before sunrise to sunset.
C. Except for legally propagated game birds, all protected game found on shooting preserves may be harvested only in accordance with the regulations of the state game commission concerning seasons and bag and possession limits.
[7/8/92; Recompiled 12/31/01]
19.35.3.12 RELEASE, POSSESSION AND USE OF
LEGALLY PROPAGATED GAME BIRDS:
A. Legally propagated game birds may be released on a regulated shooting preserve in any quantity. Birds may be released but not hunted prior to the shooting preserve season.
B. Possession
of game birds on the shooting preserve will be accompanied by an invoice in
accordance with Section 17-3-33 NMSA 1978 or will be tagged in accordance with
Section 13 [now 19.35.3.13 NMAC], when appropriate.
[7/8/92 ,12/30/95; Recompiled
12/31/01]
19.35.3.13 TAGS, RECORDS, REPORTS AND
INSPECTION:
A. Shooting
preserve bird tags, issued by the department of game and fish, shall be
numbered and issued to shooting preserve owners, operators or managers for a
fee of 10 cents per tag. Tags will be affixed to each bird taken on the
preserve.
B. Records
and Reports:
(1)
The preserve operator will keep a record of all tags used on the
preserve and of the total number of birds released.
(2)
Within 15 days after the close of the shooting preserve season, the
preserve operator shall submit to the department a year-end report stating the
tag numbers used; the number of birds, by species, released; and copies of
invoices for birds purchased or received from licensed propagators.
C. Inspection: The shooting preserve, all birds (live and
dead) possessed in association with the preserve, and all records associated
with the preserve shall be made available to officers of the department of game
and fish for administrative inspection at any reasonable time.
[7/8/92; Recompiled 12/31/01]
HISTORY OF 19.35.3 NMAC:
Pre-NMAC History:
The material in this Part was derived from that previously filed with
the State Records Center and Archives:
DGF 67-4, Regulation No. 484, Governing the Establishment, Maintenance and Operation of Regulated Shooting Preserves, 5/23/67.
DGF 67-4, Amendment No. 1, Order No. 4-74, Amending Regulation No. 484, 5/22/74.
Regulation No. 644, Governing the Establishment, Maintenance and Operation of Regulated Shooting Preserves, 9/2/86.
Regulation No. 695, Governing the Establishment, Maintenance and Operation of Regulated Shooting Preserves, 7/8/92.
History of Repealed Material: [RESERVED]