New Mexico Register / Volume XXXIV, Issue 22 / November 21, 2023

TITLE 19 NATURAL RESOURCES AND WILDLIFE

CHAPTER 32 TRAPPING AND FURBEARERS

PART 2 FURBEARERS

19.32.2.1 ISSUING AGENCY: New Mexico department of game and fish.

[19.32.2.1 NMAC - Rp, 19.32.1.1 NMAC, 4/1/2024]

19.32.2.2 SCOPE: Sportspersons interested in furbearer hunting and management. Additional requirements may be found in Chapter 17 NMSA 1978 and Title 19 NMAC.

[19.32.2.2 NMAC - Rp, 19.32.1.2 NMAC, 4/1/2024]

19.32.2.3 STATUTORY AUTHORITY: Sections 17-1-14, 17-1-26, 17-5-3, 17-5-4, and 17-5-5 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.

[19.32.2.3 NMAC - Rp, 19.32.1.3 NMAC, 4/1/2024]

19.32.2.4 DURATION: Permanent.

[19.32.2.4 NMAC - Rp, 19.32.1.4 NMAC, 4/1/2024]

19.32.2.5 EFFECTIVE DATE: April 1, 2024, unless a later date is cited at the end of a section.

[19.32.2.5 NMAC - Rp, 19.32.1.5 NMAC, 4/1/2024]

19.32.2.6 OBJECTIVE: Establishing open hunting seasons and regulation, rules and procedures governing the distribution and issuance of trapping licenses by the department.

[19.32.2.6 NMAC - Rp, 19.32.1.6 NMAC, 4/1/2024]

19.32.2.7 DEFINITIONS:

A. “Department” shall mean the New Mexico department of game and fish.

B. “Foothold trap” shall mean a trap designed to capture a furbearer by the foot, but does not include foot encapsulating traps.

C. “Foot encapsulating trap” shall mean any trap with a push or pull-activated trigger located inside an enclosure recessed from an opening of no more than two inches in diameter, as measured across the opening from side to side, not corner to corner. Foot encapsulating traps include “dog proof” and “egg” traps.

D. “Furbearer” shall mean any quadruped defined as a fur-bearing animal in 17-5-2 NMSA 1978.

E. “Land set” shall mean any foothold trap or snare set on land.

F. "Public land" means state-owned land, state-leased land, lands held in trust by the state, lands administered by the United States fish and wildlife service, the United States forest service, the federal bureau of land management, the national park service, the United States department of defense, state parks and any county or municipality, but does not include the interior of physical structures or land belonging to or held in trust for an Indian nation, tribe or pueblo.

G. “Snare” shall mean a wire or cable with a single closing device designed to capture a furbearer.

H. “Trap” shall mean any foothold trap, foot encapsulating trap, cage trap or body-grip trap set to capture a furbearer.

[19.32.2.7 NMAC - Rp, 19.32.1.7 NMAC, 4/1/2024]

19.32.2.8 OPEN SEASONS:

A. Badger, weasel, fox, ringtail and bobcat: November 1-March 15 statewide.

B. Raccoon:

(1) April 1-May 15 and September 1-March 31, statewide.

(2) Extended season: May 16-August 31 statewide, method restrictions per 19.31.10 NMAC.

C. Beaver and muskrat: April 1-April 30 and November 1-March 31, statewide.

D. Nutria: April 1-March 31 statewide.

[19.32.2.8 NMAC - Rp, 19.32.1.8 NMAC, 4/1/2024]

19.32.2.9 CLOSED AREAS: All public lands in New Mexico are closed to the use of traps and snares except as allowed by 17-11-4 NMSA 1978.

[19.32.2.9 NMAC - Rp, 19.32.1.9 NMAC, 4/1/2024]

19.32.2.10 MANDATORY FURBEARER EDUCATION:

A. Every person must successfully complete a department approved trapper education course before setting any trap or snare in New Mexico. Proof of successful completion of a trapper education course in any other state will also be accepted, but the person must pass a New Mexico law and species identification course.

B. Every person hunting furbearers must successfully complete either the New Mexico trapper education course, or a New Mexico law and species identification course.

C. Trapper education shall be offered free of charge to all residents. The department may charge a fee of not more than $35 for each non-resident who takes a New Mexico trapper education course. The New Mexico law and species identification course shall be free for everyone.

[19.32.2.10 NMAC - Rp, 19.32.1.10 NMAC, 4/1/2024]

19.32.2.11 BAG LIMIT: Annual bag limits may be set by the director, with the verbal concurrence of the chairperson of the game commission or their designee, for any furbearer species to address significant changes in statewide populations or to address critical department management needs. Annual bag limits, if set, shall expire March 31^st annually.

[19.32.2.11 NMAC - Rp, 19.32.1.11 NMAC, 4/1/2024]

19.32.2.12 EXEMPTIONS: The provisions of this rule shall not apply to department of game and fish personnel or designated agents who are acting in their official capacity in the control of depredating animals, for law enforcement purposes, to protect human health and safety, or for research or management purposes, unless otherwise restricted by 17-11-1 to 17-11-5 NMSA 1978.

[19.32.2.12 NMAC - Rp, 19.32.1.12 NMAC, 4/1/2024]

HISTORY OF 19.32.2 NMAC:

Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center and Archives under: Regulation No. 490, Establishing Seasons On Protected Furbearers, filed 3/1/68; Regulation No. 511, Establishing Seasons On Protected Furbearers 1970-1971, filed 2/20/70; Regulation No. 521, Establishing Seasons On Protected Furbearers 1971-1972, filed 3/9/71; Regulation No. 533, Establishing Seasons On Protected Furbearers 1972-1973, filed 3/30/72; Regulation No. 544, Establishing Seasons On Protected Furbearers 1973-1974, filed 2/26/73; Regulation No 555, Establishing Seasons On Protected Furbearers 1974-1975, filed 3/4/74; Regulation No. 566, Establishing Seasons On Protected Furbearers, filed 3/24/75; Regulation No. 584, Establishing Seasons On Protected Furbearers, filed 2/9/77; Regulation No. 491, Establishing Seasons On Protected Furbearers, filed 2/15/78; Regulation No. 597, Establishing Seasons On Furbearers, filed 2/23/79; Regulation No. 604, Establishing 1980 Seasons On Furbearers, filed 2/22/80; Regulation No. 608, Establishing 1981 Seasons On Furbearers, filed 3/5/81; Regulation No. 613, Establishing 1982 Seasons On Furbearers, filed 3/2/82; Regulation No. 623, Establishing 1983 Seasons On Furbearers, filed 3/9/83; Regulation No. 629, Establishing 1984 Seasons On Furbearers, filed 3/16/84; Regulation No. 633, Establishing 1985 Seasons On Furbearers, filed 4/15/85; Regulation No. 641, Establishing 1986 Seasons On Furbearers, filed 3/25/86; Regulation No. 646, Establishing 1987 Seasons On Furbearers, filed 10/27/86; Regulation No. 654, Establishing 1988 Seasons On Furbearers, filed 12/4/87; Regulation No. 665, Establishing 1989-1990 Seasons On Furbearers, filed 3/20/89; Regulation No. 675, Establishing 1990-1991 Seasons On Furbearers, filed 11/21/89; Regulation No. 684, Establishing 1991-1992 Seasons On Furbearers, filed 1/11/91; Regulation No. 690, Establishing 1992-1993 Seasons On Furbearers, filed 3/4/92; Regulation No. 701, Establishing 1993-1995 Seasons on Furbearers, filed 3/11/93.

Regulation No. 691, Establishing Financial Liability For Unaccounted For Licenses, 10/3/1991.

History of Repealed Material:

19.32.2 NMAC, Method, Season Dates, and Bag Limits, filed 8/1/2011, and replaced it with 19.32.2 NMAC, Furbearers, effective 4/1/2020.

19.32.2 NMAC, Furbearers, filed 1/24/2020 - duration expired 3/31/2024