This rule was filed as 19
NMAC 35.5.
TITLE 19 NATURAL RESOURCES AND WILDLIFE
CHAPTER 35 CAPTIVE WILDLIFE USES
PART 5 WILDLIFE REHABILITATION PERMITS
19.35.5.1 ISSUING AUTHORITY: New Mexico
Department of Game and Fish.
[10/19/94; Recompiled
12/31/01]
19.35.5.2 SCOPE: People
involved with the rehabilitation of wildlife.
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12/31/01]
19.35.5.3 STATUTORY AUTHORITY: 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.
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12/31/01]
19.35.5.4 DURATION: Permanent.
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12/31/01]
19.35.5.5 EFFECTIVE DATE: September 15,
1994 [unless a later date is cited at the end of a section]
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19.35.5.6 OBJECTIVE: 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.
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12/31/01]
19.35.5.7 DEFINITIONS:
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 training who assists in all
rehabilitation functions including, but not limited to, maintenance, transport
and record keeping under the direct supervision of the permittee or
co-permittee.
C. "Captive
releases": Release of wildlife to
an enclosed area from which the animal is not likely to be able to leave at
will.
D. "Co-Permittee
(sub-permittee)": A person holding
all rights and responsibilities under a permit with another person.
E. "Department": The New Mexico department of game and fish.
F. "Director": The chief administrator for the department
of game and fish.
G. "Endangered
species": Any species listed or
described by the department pursuant to the New Mexico department of game and
fish statutes or regulations.
H. "Holding": Retaining in captivity.
I. "Human
imprinting or human bonding": An
abnormal dependency or fixation upon humans as parent substitutes or as
companions resulting from too much association with humans at an early age.
J. "Migratory
birds": A bird listed under or
pursuant to the Migratory Bird Treaty Act (16 United States Code 703-712).
K. "Non-releasable
animal": An injured animal, which
after rehabilitation is determined to be unlikely to survive in the wild if
released.
L. "Permit": The document issued under this regulation
for a person(s) to conduct activities as authorized by the department of game
and fish.
M. "Permitted
rehabilitator": The person who
holds a valid current permit from any state and a federal permit.
N. "Permittee
responsibility": The
responsibility that a permit holder or co-permit holder has to direct the
actions of an individual under his or her control, and for which that
supervisor accepted legal responsibility.
O. "Protected
wildlife": A species, the
possession or taking of which is controlled, regulated or prohibited by state
or federal law or regulation. Specifically excluded from this definition are
rock doves, European starlings, house sparrows, and domestic animals occuring
in the wild.
P. "Rehabilitation": The temporary caring for injured, orphaned,
sick or otherwise incapacitated wildlife until such animals can be released to
the wild.
Q. "Release
to the wild": Release of wildlife
to an area where it is capable of leaving at will.
R. "Taking": The act of hooking, netting, snaring,
trapping, pursuing, shooting, killing or capturing by any means or device and
includes the attempt to take by the use of any method.
S. "Transportation": The transfer of captive protected wildlife
by an individual(s) to a permit holder.
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12/31/01]
19.35.5.8 APPLICATIONS AND PERMITS:
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 and older).
D. Permits
shall be issued under the authority of the director or his/her designee.
E. Applications
for permits, renewals and amendments shall provide the following information:
(1) Personal
information which allows the identification of the applicant including full
name, date of birth, home address and facility address;
(2)
Each new application shall be supported by references from two
verifiable, acknowledged, and permitted animal rehabilitation authorities who
have known the applicant for at least 2 years and who attest to the applicant's
ability to handle and care for protected wildlife in a humane and effective
manner;
(3)
A verified or sworn statement attesting to the truth of the facts stated
in the application;
(4)
Any other information determined by the department to be necessary to
review the application.
F. Permits
may not be issued until the applicant's facilities have satisfactorily passed
an inspection conducted by a representative of the director.
G. Any
person holding a permit which authorizes holding of live protected wildlife
shall provide for appropriate humanitarian care.
H. Permits
for the taking or holding of migratory bird species shall not be valid unless
the permit holder also simultaneously applies for, obtains and maintains a
valid federal permit.
I. Permits
will only be issued to applicants that have demonstrated the ability and intent
to correctly identify, properly record and humanely and knowledgeably care for
and treat wildlife for the purpose of returning it to the wild or properly
disposing of non-releasable animals. The applicant must demonstrate formal
education, training and/or actual experience in wildlife rehabilitation for
which permit authority is sought. A written or practical exam will be given to
applicants in addition to requirements for references as one method of
determining abilities.
J. All
protected wildlife, their offspring and their parts taken or held under the
authority of a permit remain the property of the state of New Mexico. The
department retains the authority to seize or direct the disposition of such
specimens.
K. Protected
wildlife held under the authority of a rehabilitation permit may not be sold,
bartered or exchanged. They may only be disposed of or released as prescribed
by permit provision. Disposition or release shall be reported to the department
in a manner prescribed by this regulation or by permit.
L. An
initial permit shall be issued for one (1) year. Renewal of permit may be
issued for any period of time not exceeding three (3) years from date of
issuance.
M. Permits
will be authorized to handle specific classes of wild animals for rehabilitation
purposes. Handling any class of wildlife not authorized by the permit for
longer than 48 hours while searching for appropriate placement is a violation.
[10/19/94; Recompiled
12/31/01]
19.35.5.9 PERMIT RENEWALS:
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 of complete annual reports, must be
fully complied with before a renewal will be considered.
D. Applications
for rehabilitating migratory birds shall contain a current corresponding
federal permit number.
E. Denial
and/or revocation of a permit may occur if the permit holder fails to meet any
of the requirements for holding the permit.
F. Applications
for renewal will not be considered while unresolved criminal charges are
pending for alleged violation of state or federal wildlife laws or animal
cruelty laws.
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12/31/01]
19.35.5.10 VIOLATIONS AND ENFORCEMENT:
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 administrative penalties.
B. Any
misrepresentation of material fact in an application or annual report is a
violation of this regulation.
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19.35.5.11 HEARINGS:
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 applicant and adversely affect the
applicant's interests.
B. Such
procedures shall be consistent with state game commission Regulation 677.
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12/31/01]
19.35.5.12 PERMIT REQUIREMENTS:
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 associated with
rehabilitation efforts.
C. A
permit holder shall carry out all rehabilitation in a humane manner and plan
activities to return the injured animals to a condition which will allow them
to survive in the wild.
D. Apprentices
shall handle wildlife only under supervision of the permittee or co-permittee.
E. A
permit holder shall conduct rehabilitation in an environment which minimizes
human contact and prevents human and domestic animal imprinting.
F. Animals
in rehabilitation shall not be used for display or public programs. One way
windows or video observation is permissible.
G. Non-releasable
protected wildlife may only be retained for approved fostering or socialization
purposes incident to wildlife rehabilitation or transferred to other permitted
rehabilitators, zoo permit holders, licensed falconers and licensed raptor
breeders or educational permit holders in accordance with requirements of this
regulation and only after a written request for such retention or transfer has
been made to and approved in writing by the department.
H. Permittee's
facilities shall be subject to unannounced inspections by authorized
representatives of the director at reasonable times.
I. Permittees
shall maintain detailed and complete records on each animal received under the
permit.
J. Releases
of Rehabilitated Wildlife:
(1)
A permit holder shall not release wildlife in such a manner or at such a
location so that the released animals are likely to become a nuisance or threat
to humans or their property.
(2)
Wildlife releases which are made to fenced or enclosed areas without a
reasonable expectation that the individuals will be able to leave at will may be considered as captive releases.
(3) Captive releases may subject the
landowner or person in control of the premises to additional licensing
requirements for holding protected wildlife in captivity or stocking protected
wildlife.
(4)
Protected wildlife shall be released only to place and habitat by
seasonal occurrence appropriate for the species.
(5)
Terrestrial animals shall only be released in the county where they were
acquired or found, or in an adjacent county unless specific written permission
for release elsewhere is granted by the
department. Release locations should consider gene pools and population
dynamics including availability of appropriate food base. Release locations shall
be included in annual report.
(6) Protected wildlife may not be imported
from another state or another country without meeting importation permit
provision allowing such activity.
(7)
Rehabilitated wildlife shall be released into species appropriate
habitat at a suitable time (with considerations for the season, weather
conditions and time of day) which shall enhance the animal's continued
survival.
K. The
department may make special conditions in individual permits which are
consistent with this regulation and which are necessary to carry out the intent
of this regulation or New Mexico statutes.
L. A
copy of the approved permit or written authorization by the permittee shall
accompany any shipment or transport of wildlife and shall be available for
inspection at each of the premises authorized by the permit.
M. Wildlife
shall not be possessed for longer than 180 days. Any request to hold wildlife
in excess of this period shall be submitted to the department in writing.
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19.35.5.13 RECORD KEEPING REQUIREMNTS:
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 maintained
concurrent with it's treatment and should include unique identification (case
number), species name, sex (if known), place and date of origin, source (person
or agency), probable reason for incapacitation, condition on receipt, treatment
and disposition (date and location). All records shall be available for
department review upon request.
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12/31/01]
19.35.5.14 GENERAL FACILITIES STANDARDS:
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, constructed and maintained so as to provide a humane and
safe environment for animals held under the authority of a permit issued
pursuant to this regulation and should conform to accepted national standards.
C. The
department may specify individual caging requirements in each permit on a
case-by-case basis depending upon the species, number, size, type and length of
care required. In imposing individual standards, the department may be guided
by similar requirements imposed by state and federal agencies regulating
comparable activities.
E. Treatment
records shall be maintained on currently held wildlife at the facility.
[10/19/94; Recompiled
12/31/01]
History
of 19.35.5 NMAC: [RESERVED]