New Mexico Register / Volume XXXV, Issue 6 / March 26, 2024

 

 

TITLE 19             NATURAL RESOURCES AND WILDLIFE

CHAPTER 36     WILDLIFE EDUCATION AND TRAINING

PART 3                HUNTER EDUCATION

 

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

[19.36.3.1 NMAC – Rp, 19.36.3.1 NMAC, 4/1/2024]

 

19.36.3.2               SCOPE:  Hunters under the age of eighteen years.

[19.36.3.2 NMAC – Rp, 19.36.3.2 NMAC, 4/1/2024]

 

19.36.3.3               STATUTORY AUTHORITY:  Sections 17-2-33 through 17-2-35 NMSA 1978 create the Hunter Training Act and give the department of game and fish the authority to promulgate rules to implement the provisions of the act.

[19.36.3.3 NMAC – Rp, 19.36.3.3 NMAC, 4/1/2024]

 

19.36.3.4               DURATION:  April 1, 2024 through December 31, 2028.

 [19.36.3.4 NMAC – Rp, 19.36.3.4 NMAC, 4/1/2024]

 

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

[19.36.3.5 NMAC – Rp, 19.36.3.5 NMAC, 4/1/2024]

 

19.36.3.6               OBJECTIVE:  Regulation designed to carry the provisions of the Hunter Training Act.

[19.36.3.6 NMAC – Rp, 19.36.3.6 NMAC, 4/1/2024]

 

19.36.3.7               DEFINITIONS:  [RESERVED]

[19.36.3.7 NMAC – Rp, 19.36.3.7 NMAC, 4/1/2024]

 

19.36.3.8               HUNTER TRAINING COURSE REQUIRED:  It shall be unlawful for any person under the age of eighteen years to purchase or apply for any type of firearm hunting license unless that person has first successfully completed the New Mexico hunter training course or a hunter training course of another state which is approved by the New Mexico department of game and fish.  Effective April 1, 2025, an approved hunter training course of another state may only be utilized by persons age nine (9) years and older.

[19.36.3.8 NMAC – Rp, 19.36.3.8 NMAC, 4/1/2024]

 

19.36.3.9               TYPES OF COURSES:

                A.            A person under the age of eighteen years who satisfies the requirements of either of the following training courses shall be issued a certificate following successful completion of a hunter training course:

                                (1)           Completion of an approved hunter training course comprised of class work and firearms proficiency training and testing; or

                                (2)           completion of an approved hunter training course comprised of a written lesson and testing and current registration in the department’s mentored-youth program.

                B.            Registration in the department’s mentored-youth program is limited to first-time youth hunters, 8 to 17 years of age, for a period of two consecutive license years and a person shall register in the program only once.

                C.            Mentored-youth program hunters may hunt with a firearm only after successful completion of the written lesson and testing portion of the course and while supervised by a licensed and mentor certified or hunter education certified parent, guardian or another licensed adult with consent of the parent or guardian who is within unaided voice and sight distance.

                                (1)           Mentors shall possess a mentor certification number obtained after completion of a hunter training course comprised of a written lesson and testing and current registration in the department’s mentored-youth program; or

                                (2)           shall possess a hunter education certification number obtained through a New Mexico hunter training course or a hunter training course of another state which is approved by the New Mexico department of game and fish.

                D.            Mentored-youth program hunters shall be limited by age to hunt as follows:

                                (1)           Mentored-youth under the age of ten years shall be limited to hunting small-game; or

                                (2)           mentored-youth ten to seventeen years of age shall be limited to hunting small-game, turkey, deer, pronghorn antelope and javelina.

[19.36.3.9 NMAC – Rp, 19.36.3.9 NMAC, 4/1/2024]

 

19.36.3.10             PENALTY:  Any person violating the provisions of 19.36.3.8 NMAC is guilty of a petty misdemeanor and will be subject to penalties provided in Section 31-19-1, New Mexico Statutes Annotated, 1978 Compilation.

[19.36.3.10 NMAC – Rp, 19.36.3.10 NMAC, 4/1/2024]

 

19.36.3.11             REVOCATION OF HUNTER TRAINING CARD:

                A.            Hunter training certification will be revoked in accordance with 19.31.2 NMAC.

                B.            Hunter training certification may also be revoked for negligent use of a firearm.

[19.36.3.11 NMAC – Rp, 19.36.3.11 NMAC, 4/1/2024]

 

19.36.3.12             LIVE-FIRING COURSES:

                A.            Live-firing courses may be taught in conjunction with hunter education classes, in accordance with policies and procedures developed by the agency and distributed to certified instructors.

                B.            Live-firing courses may be taught only by hunter education instructors certified in live-firing instruction.

[19.36.3.12 NMAC – Rp, 19.36.3.12 NMAC, 4/1/2024]

 

HISTORY OF 19.36.3 NMAC:

History of repealed materials:

19.36.3 NMAC, Hunter Education, 12/2/2014 – Repealed effective 1/1/2021.

19.36.3 NMAC, Hunter Education, 1/1/2021 – Repealed effective 4/1/2024.