TITLE
19 NATURAL RESOURCES AND
WILDLIFE
CHAPTER 30 WILDLIFE
ADMINISTRATION
PART 8 GUIDE AND OUTFITTER
REGISTRATION
19.30.8.1 ISSUING
AGENCY: New Mexico Department of Game and Fish.
[19.30.8.1
NMAC - Rp, 19.30.8.1 NMAC, 01/01/2018]
19.30.8.2 SCOPE:
Hunting outfitters, guides, and hunters for New Mexico.
[19.30.8.2 NMAC - Rp, 19.30.8.2 NMAC, 01/01/2018]
19.30.8.3 STATUTORY
AUTHORITY: Sections 17-1-14 and 17-1-26 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. Additional authority may be
found in Sections 17-2A-1, 17-2A-3 and 17-3-16 NMSA 1978.
[19.30.8.3
NMAC - Rp, 19.30.8.3 NMAC, 01/01/2018]
19.30.8.4 DURATION:
Permanent.
[19.30.8.4
NMAC - Rp, 19.30.8.4 NMAC, 01/01/2018]
19.30.8.5 EFFECTIVE
DATE: January 01, 2018, unless a later date is
cited at the end of a section.
[19.30.8.5
NMAC - Rp, 19.30.8.5 NMAC, 01/01/2018]
19.30.8.6 OBJECTIVE:
To register, regulate and set professional standards for guides,
outfitters and their operations within New Mexico.
[19.30.8.6 NMAC - Rp, 19.30.8.6 NMAC, 01/01/2018]
19.30.8.7 DEFINITIONS:
A. "Accompanied" shall mean that
the outfitter or their registered guide physically escorts the hunter-client in
the field during the hunter-client’s license hunt dates.
B. "Agent" shall mean a person who
is legally authorized by employment or written contract to act on behalf of a
private landowner to oversee the landowner’s hunting operation on their deeded
property.
C. "Conviction" shall mean any
adjudication of guilt; plea of guilty or nolo contendere accepted by the court;
or payment of a fine, court cost, court order, penalty assessment or forfeiture
of collateral; regardless of whether sentencing or imposition of sentencing has
been deferred or suspended.
D. "Department" shall mean the
New Mexico department of game and fish.
E. "Director" shall mean the
director of the department of game and fish.
F. "Guide" shall mean any person
contracted, employed or accepting compensation for providing, within the unit
where a hunt occurs, equipment or services for hunting activities; provided,
however, that "guide" does not include a person who only cooks, cuts
wood or performs other comparable or incidental duties not directly related to
hunting activities.
G. "History of violation" shall mean
any one conviction or multiple convictions from any law enforcement agency for
violation(s) of hunting, fishing, trapping, outfitting or guiding rules or
land-use regulations, including any conviction as an accessory, during the
three-year period immediately preceding the application for registration,
provided that the violation committed, if committed in New Mexico, would equal
or exceed the 20-point equivalent.
H. "Hunter-client" shall mean an
individual who contracts or utilizes the hunting services of a registered
outfitter or is taken into the field by a person acting as an outfitter or
guide regardless of their registration status.
I. "Landowner permit" shall be a
license issued pursuant to a landowner authorization.
J. "License year" shall mean
that period beginning April 1 and ending March 31 each year for the purposes of
hunting or outfitter and guide registration.
K. "New Mexico outfitter" shall
mean an outfitter that is qualified by the department in accordance with
19.30.8.9 NMAC to participate in the special drawing pool by utilizing their
outfitter number as established by Section 17-3-16 NMSA 1978.
L. "Outfitter" shall mean any person who advertises or holds themselves out to the public for
hire or is employed or accepts compensation for providing, within the unit
where a hunt occurs, facilities, equipment or services for hunting activities;
provided, however, that "outfitter" does not include a person who
only cooks, cuts wood or performs other comparable or incidental duties not
directly related to hunting activities. Any person
who purchases landowner permits or private land licenses for a hunter-client or
pays for access to a landowner’s deeded property for a hunter-client in any way,
shall be considered an outfitter.
M. "Registered outfitter" shall
be an outfitter who has met all the requirements described herein and has been
issued a current registration by the department.
N. "Special drawing pool" shall
refer to the ten percent allocation of special draw licenses available to the
public who have contracted with a qualified New Mexico outfitter to provide
professional guide services.
O. "Supervision" shall mean that
outfitters are required to ensure all guides employed or contracted by them are
informed of all pertinent geographic hunt boundaries, any special restrictions
which apply to their hunter-clients license and statutes and rules regarding
lawful hunting, guiding and outfitting.
Supervision also means that outfitters have provided all the guidance
and oversight that a reasonable business person would provide to their
employees.
[19.30.8.7
NMAC - Rp, 19.30.8.7 NMAC, 01/01/2018]
19.30.8.8 GENERAL
REGISTRATION PROCEDURES AND REQUIREMENTS: In
addition to the requirements set in Sections 17-2A-1, 17-2A-3 and 17-3-16 NMSA
1978 the following requirements apply;
A. Application
form: Applications to guide and outfit as defined in Section 17-2A-3 NMSA 1978 and
19.30.8 NMAC shall be made on forms provided by the department as prescribed by
the director.
B. Application deadlines: An outfitter or guide may register at any time by completing and submitting the proper application form and fee. No one shall be a registered outfitter or guide until they successfully complete all requirements and are issued a valid registration by the department. Exception:
(1) Deadline
date to qualify as a New Mexico outfitter for special drawing pool: All New Mexico outfitter applicants must
apply by February 15 to be eligible to participate in the special drawing pool
of resident/nonresident hunter applicants for the next hunting season.
(2) New
Mexico outfitter late fee: All New Mexico outfitter applications received after
February 15 but before the close of business on March 15 will be subject to an administrative
fee of $100 in addition to the normal application fees.
(3) New
Mexico outfitter ineligibility: An
applicant for a New Mexico outfitter that fails to successfully complete the
department’s process by close of business on March 15 will be ineligible to
have a hunter-client use their registration number for the special drawing pool
established in Section 17-3-16 NMSA 1978.
C. All outfitter
and guide applicants shall have successfully completed a certified hunter
education course from the state of New Mexico or other similar qualifying
hunter education course acceptable to the department prior to making
application.
D. Outfitter and
guide applicants cannot have a history of violation.
E. No person shall
be allowed to register or work as a registered hunting guide or outfitter in
New Mexico:
(1) if the person has had a guide or outfitter license,
registration, permit or certificate revoked in another state;
(2) if the person has had a guide or outfitter license,
registration, permit or certificate suspended in another state and it has not
been reinstated;
(3) if the person has been convicted of a felony, no matter when
the felony was committed;
(4) An
outfitter or guide’s registration shall be immediately invalid when any of Paragraph
1 thru 3 of Subsection E of 19.30.8.8 NMAC apply. The outfitter or guide registration may be
reinstated if the conviction, revocation or suspension is reversed during the
year in which they were originally registered.
F. Outfitter and
guide applicants, including renewing applicants, shall not have had their guide
or outfitter's license, permit authorization or registration revoked or denied
for cause by any controlling government land management agency. The applicant shall not be registered by the
state during the term of the revocation or pendency of the denial.
G. Examinations for
guiding and outfitting:
(1) Exams
will be conducted during posted testing periods at department offices or by
appointment, at any location approved by the guide and outfitter registrar.
(2) An
applicant shall only be allowed to take the examination once per day.
(3) Applicant
must successfully pass a department approved examination with a minimum passing
grade of seventy percent.
(4) If
an applicant fails to renew their registration for two or more years, all
registration requirements must be completed, including successfully passing a
department approved exam prior to being registered.
H. Applicants for a
guide's registration shall be at least 18 years of age and meet all the
qualifications for guides set forth in 19.30.8 NMAC and in Section 17-2A-3 NMSA
1978.
I. Additional
outfitter registration requirements:
(1) Applicants
for an outfitter registration shall be at least 21 years of age and meet all
the qualifications for outfitters set forth in 19.30.8 NMAC, Sections 17-2A-3
and 17-3-16 NMSA 1978.
(2) Applicants
for an outfitter registration must have operated as a New Mexico registered
guide for three years. Applicant must submit evidence, as approved by
and to the satisfaction of the department, of three years of actual guiding
experience and substantial knowledge of guiding in New Mexico for a register
outfitter. The evidence must be
submitted with the application and may consist of federal land use permits,
business or employment records from the registered outfitter and a letter from
said registered outfitter attesting to the applicants guiding experience.
(3) Applicant
shall register with the taxation and revenue department and provide proof of
registration and compliance to the department.
J. Each guide or outfitter shall carry proof of registration in the field and provide such proof
upon request.
K. Registration exemption:
A landowner or their agent who is guiding or outfitting on the landowner's deeded
property or pursuant to a landowner permit is exempt from the department’s registration
process. Nothing in this exemption shall
prevent a landowner or their agent from registering, if they choose. Agents may not act independently from the
landowner. A
landowner or their agent must be in compliance with the registration
requirements of any pertinent government land management agency when involved
with commercial activities on lands controlled or administered by a government
land management agency.
L. All outfitter
and guide applicants, including renewing applicants, shall submit to the
department any additional documentation requested by the department.
[19.30.8.8
NMAC - Rp, 19.30.8.8 NMAC, 01/01/2018]
19.30.8.9 ADDITIONAL
REQUIREMENTS TO BECOME A NEW MEXICO OUTFITTER:
A. To qualify as a New Mexico outfitter as a
corporation, LLC or similar status: a New Mexico outfitter is a person who has
a business:
(1) with a valid New Mexico state, county or municipal business
registration and a valid outfitter license issued by the department of game and
fish;
(2) that
is authorized to do and is doing outfitting business under the laws of this
state;
(3) that
has paid property taxes or rent on real property in New Mexico, paid gross
receipts taxes and paid at least one other tax administered by the taxation and
revenue department in each of the three years immediately preceding the
submission of an affidavit to the department of game and fish;
(4) the
majority of which is owned by the person who has resided in New Mexico during
the three-year period immediately preceding the submission of an affidavit to the
department of game and fish;
(5) that employs at least eighty percent of the total personnel
of the business who are New Mexico residents;
(6) that has either leased property for ten years or purchased
property greater than $50,000 in value in New Mexico;
(7) that,
if it has changed its name from that of a previously certified business, the
business is identical in every way to the previously certified business that
meets all criteria;
(8) that possesses all required federal or state land use
permits for the hunt; and
(9) that operates as a hunting guide service during which at
least two days are accompanied with the client in the area where the license is
valid.
B. To
qualify as a New Mexico outfitter as a sole proprietor business: a New Mexico
outfitter is a person who has a business:
(1) with a valid New Mexico state, county or municipal business
registration and a valid outfitter license issued by the department of game and
fish;
(2) that
is authorized to do and is doing outfitting business under the laws of this
state;
(3) that,
if it has changed its name from that of a previously certified business, the
business is identical in every way to the previously certified business that
meets all criteria;
(4) that possesses all required federal or state land use
permits for the hunt; and
(5) that operates as a hunting guide service during which at
least two days are accompanied with the client in the area where the license is
valid.
[19.30.8.9
NMAC - Rp, 19.30.8.9 NMAC, 01/01/2018]
19.30.8.10 OUTFITTER
INSURANCE REQUIREMENTS:
A. An
outfitter applicant shall submit with their application a certificate of commercial
liability insurance of at least $500,000 from an insurance company stating they
will insure the applicant for the current license year.
B. A
copy of the insurance certificate that indicates who is insured, effective
dates, policy number and amounts of coverage, must be provided to the
department upon issuance by the insurer and prior to engaging in any outfitting
activity.
C. Failure
to provide proof of coverage during the registration period shall result in
suspension of the registration for the period in which such insurance is
required to be maintained.
(1) If
an outfitter applicant or a registered outfitter fails to submit a copy of a
valid insurance certificate before the insurance certificate on file with the
department expires, the non-compliance notice will be sent to the outfitter by
the department. The outfitter shall be
required to submit a copy of a valid insurance certificate and a $50
administrative fee. No outfitter will be
registered until the administrative fee has been paid in full.
(2) If
the outfitter fails to comply with the non-compliance notice; the department
shall issue the outfitter a notice of contemplated commission action. The outfitter shall then be required to
submit a copy of a valid insurance certificate and a $250 administrative
fee. No outfitter will be registered
until the administrative fee has been paid in full.
(3) If
the insurance is not in effect, at any time while conducting any outfitting
activity as defined herein, the outfitter's registration will be declared void
and the outfitter’s registration shall be suspended until a valid insurance
certificate and administrative fees are satisfied.
[19.30.8.10
NMAC - Rp, 19.30.8.9 NMAC, 01/01/2018]
19.30.8.11 REGISTRATION
FEES:
A. The
payment of the annual registration fee for an outfitter or guide is required
prior to registration, including any reinstatement or administrative fees.
(1) The
annual registration fee for a registered guide in New Mexico is $50 for a
resident and $100 for a nonresident.
(2) The
annual registration fee to be a registered outfitter in New Mexico is $500 for
either a resident or a nonresident.
B. All
registration fees, except a $50 administrative fee, may be refunded if an
applicant is rejected or fails to complete the registration process. No other refunds shall be permitted.
C. Emergency
fee and criteria: In an emergency situation, a temporary guide registration may
be issued by the department.
(1) The
fee shall be $10.
(2) A
guide registered pursuant to the emergency situation may only be used once in a
license year by the registered outfitter requesting the replacement of a
registered guide who has become ill, injured or has a bona fide emergency.
(3) The
temporary registration is only valid for seven days and may be renewed only
once per emergency situation.
(4) The
temporary guide registration may not be used to accommodate additional hunter-clients.
[19.30.8.11
NMAC - N, 01/01/2018]
19.30.8.12 CONTRACTS:
A. A New Mexico
outfitter shall execute a written contract with each special drawing pool
applicant. The contract must be signed
and dated by all parties prior to application for any special drawing pool
license. New Mexico outfitters who
execute a multi-year application contract shall be required to sign an updated
contract with the hunter-client every three years from the initial signature
date.
B. All outfitters
shall execute a written contract with each hunter-client. The contract must be signed and dated by all
parties before the hunt begins and shall designate the terms, guide to
hunter-client ratio, hunt dates, compensation charged and services to be
provided.
C. All outfitters
shall have a copy of the contract available for inspection by the department in
the field during the hunt or they must submit an electronic copy of the
contract to the department’s guide and outfitter registrar at least 48 hours
prior to the scheduled hunt. A
hunter-client who obtains a license through the special drawing pool, and
chooses to hunt beyond their contracted hunt dates must carry a copy of the
contract while hunting if it had not been submitted electronically to the registrar
at least 48 hours prior to the scheduled hunt.
D. All
contracts shall be retained by the outfitter for three years from the latest
date signed by each party.
E. All outfitters
shall provide any contract to the department upon request.
F. A New Mexico
outfitter shall ensure that each hunter-client who obtains a license through
the special drawing pool is accompanied by the outfitter or their registered
guide for at least two days during the contracted dates of the hunt in the area
where the hunter-client’s license is valid.
An outfitter or guide cannot contract with themselves to apply in the
special drawing pool. An outfitter or
guide who obtains a license through the special drawing pool is not allowed to
guide themselves during their hunt.
G. A
New Mexico outfitter may release a contracted hunter-client to another New
Mexico outfitter provided that the original contract was valid, in place prior
to the application deadline and only if it is mutually agreed upon by all
parties. The release shall be in writing
and shall be signed by all parties. A
hunter-client must enter into a new contract with a New Mexico outfitter prior
to hunting. Hunter-client licenses
obtained through the special drawing pool are not valid unless the
hunter-client is accompanied by a New Mexico outfitter or their registered
guide.
H. All
outfitters shall provide at least one registered guide or outfitter in the
field for every four or fewer hunter-clients who are contracted for guided
hunting services with the outfitter.
[19.30.8.12
NMAC - Rp, 19.30.8.11 NMAC, 01/01/2018]
19.30.8.13 OUTFITTER
OR GUIDE MISCONDUCT:
A. Misrepresentation: An outfitter or
guide shall not engage in fraud, deceit, misrepresentation or concealment of
any material fact in advertising, soliciting or providing professional services
to the hunter-client or the public, as determined by a court of competent
jurisdiction.
B. Failure to report illegal activity: An
outfitter or guide shall report illegal hunting activities or any violation of
local, state or federal law relating to hunting, fishing, trapping, outfitting,
guiding or land management that they have witnessed or have been made aware of
to any commissioned conservation officer or to the appropriate law enforcement agency
as soon as it is feasible to do so.
C. Failure to comply: An outfitter or
guide shall comply with all local, state and federal laws and regulations
pertaining to hunting, fishing, trapping, outfitting, guiding
or land management. Conviction of any local,
state and federal laws and regulations pertaining to hunting, fishing,
trapping, outfitting, guiding or land management for which points have not
already been assessed shall be misconduct.
D. Breach of contract: An outfitter or
guide shall not breach a contract, as determined by a court of competent
jurisdiction, with any person using outfitting or guiding services of the
outfitter.
E. Failure to comply with registration audit
or conditions: An outfitter or guide, including a renewing applicant, shall
submit to the department any documentation requested by the department within
the specified timeframe or deadline set by the department.
F. Failure to disclose: An outfitter or
guide applicant shall not submit false or fraudulent documentation or statements
or knowingly omit required information in connection with an application for
registration or renewal.
G. Failure to supervise guides: Outfitters
shall responsibly supervise each registered guide working under the outfitter's
direction.
[19.30.8.13
NMAC - Rp, 19.30.8.12 NMAC, 01/01/2018]
19.30.8.14 CRIMINAL
VIOLATIONS:
A. It is unlawful
to apply for or receive an outfitter or guide registration while on revocation.
B. It is unlawful
for a guide to book or service a hunter-client unless employed or contracted to
do so by a registered outfitter.
C. It is unlawful
to use an outfitter or guide registration issued to another.
D. It is unlawful
for an outfitter to allow or use an unregistered person to perform outfitting
or guiding services for the outfitter.
E. It
is unlawful for any person to guide or outfit in New Mexico without completing
all requirements and possessing a current registration from the department. Each guide or outfitter shall carry proof of registration
in the field and provide such proof upon request.
F. It is unlawful
to apply in the special drawing pool using a New Mexico outfitter number prior
to having a valid, signed contract with the same New Mexico outfitter.
G. It is unlawful for
a New Mexico outfitter to knowingly allow a hunter-client to apply in the
special drawing pool prior to having a valid, signed contract.
H. It is unlawful
to hunt with a license obtained through the special drawing pool without being
accompanied by, and contracted with, a New Mexico outfitter or their guide for
at least two days during the hunt.
I. It is unlawful
for any outfitter to not have a valid, signed contract with each hunter-client as
prescribed in 19.30.8.12 NMAC.
J. It
is unlawful for any outfitter to refuse or fail to produce a contract when
requested by the department.
K. It
is unlawful for any person to submit an application for any hunt or for any person
to counsel, aid or abet any person in submitting an application for any hunt in
the special drawing pool with an unregistered or unqualified outfitter number.
L. It is unlawful
for an outfitter or guide to have more than four hunter-clients in the field for
each registered guide or outfitter.
M. It is unlawful
for an outfitter or guide to contract with themselves or to guide themselves
using a special drawing pool license.
[19.30.8.14
NMAC - Rp, 19.30.8.17 NMAC, 01/01/2018]
19.30.8.15 REVOCATION
POINT SYSTEM: Any person in violation of this section is
subject to revocation and point assessments pursuant to 19.31.2 NMAC.
[19.30.8.15
NMAC - Rp, 19.30.8.16 NMAC, 01/01/2018]
19.30.8.16 CRIMINAL
PENALTY PROVIDED: A violation of any criminal provision of this
rule or Sections 17-2A-1 and 17-2A-3 NMSA 1978 that is a criminal violation, is
a misdemeanor and shall be punished in accordance with the provisions of
Section 17-2-10 NMSA 1978.
[19.30.8.16
NMAC - Rp, 19.30.8.17 NMAC, 01/01/2018]
19.30.8.17 HEARING
REQUESTED: A registration revocation hearing may be
requested and will be provided in accordance with 19.31.2 NMAC.
[19.30.8.17
NMAC - Rp, 19.30.8.18 NMAC, 01/01/2018]
HISTORY OF 19.30.8 NMAC:
History of Repealed Material:
19.30.8
NMAC, Guide and Outfitter Registration, filed 4/16/2003, repealed effective
11/30/2011.
19.30.8
NMAC, Guide and Outfitter Registration, filed 11/30/2011, repealed effective
01/01/2018.