TITLE 19 NATURAL RESOURCES AND WILDLIFE

CHAPTER 30 WILDLIFE ADMINISTRATION

PART 11 CIVIL LIABILITY

19.30.11.1 ISSUING AGENCY: New Mexico Department of Game and Fish.

[19.30.11.1 NMAC - N, 10/16/2006]

19.30.11.2 SCOPE: Establishing civil liability as allowed in Chapter 17, NMSA 1978 and its accompanying rules.

[19.30.11.2 NMAC - N, 10/16/2006]

19.30.11.3 STATUTORY AUTHORITY: 17-1-14, 17-1-26 and 17-2-26 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 establish civil liability.

[19.30.11.3 NMAC - N, 10/16/2006]

19.30.11.4 DURATION: Permanent.

[19.30.11.4 NMAC - N, 10/16/2006]

19.30.11.5 EFFECTIVE DATE: October 16, 2006, unless a later date is cited at the end of individual sections.

[19.30.11.5 NMAC - N, 10/16/2006]

19.30.11.6 OBJECTIVE: Establishing civil liability value and basic regulation, rules and procedures governing the civil action by the department pertaining to civil damages recoverable by judgment.

[19.30.11.6 NMAC - N, 10/16/2006]

19.30.11.7 DEFINITIONS:

A. “Antlered points” shall mean the total number of points counted on a continuous antler beam. To constitute a countable point, it must be distinct. A burr at the base does not constitute an antlered point.

B. “Scoring” shall mean the method of measure adopted and utilized by Safari club international that determines the size of antlers, heads or horns of a game animal that has two antlers or two horns. If a dispute in the scoring arises, then a certified or trained scorer of the Safari club international will score the game animal in question and document their findings for the defendant and department.

[19.30.11.7 NMAC - N, 10/16/2006]

19.30.11.8 CIVIL LIABILITY ABOVE TEN THOUSAND DOLLAR ($10,000.00) VALUE: The director is authorized to pursue civil liability for greater than ten thousand dollars ($10,000.00) for any bighorn sheep, elk or mule deer that scores higher than the criteria established below.

[19.30.11.8 NMAC - N, 10/16/2006]

19.30.11.9 CIVIL LIABILITY CIRCUMSTANCES:

A. Game animal and game bird: The director or any officer may file a civil action in any court of jurisdiction for the trophy value of a game animal or bird providing that evidence and information indicate that the game was killed or possessed out of season, taken with the aid of artificial light, taken without a proper license, exceeded the bag limit or resulted in waste of game.

B. Game fish: The director or any officer may file a civil action in any court of jurisdiction for the trophy value of a game fish providing that evidence and information indicate that the game fish was killed, taken or possessed exceeding the bag limit

[19.30.11.9 NMAC - N, 10/16/2006]

19.30.11.10 TROPHY DESIGNATION AND VALUE:

A. Antelope (pronghorn):

(1) Any 1 buck with at least one of two horns that is 14.0 inches in length is valued at two thousand dollars ($2,000.00).

(2) Any 1 buck that has a total scoring of 70.0 points - 75.9 points is valued at four thousand dollars ($4,000.00).

(3) Any 1 buck that has a total scoring of 76.0 points - 79.9 points is valued at six thousand dollars ($6,000.00).

(4) Any 1 buck that has a total scoring of 80.0 points or greater is valued at eight thousand dollars ($8,000.00).

B. Barbary sheep:

(1) Any 1 ram with at least one of two horns that is 25.0 inches to 26.99 inches in length is valued at two thousand dollars ($2,000.00).

(2) Any 1 ram with at least one of two horns that is 27.0 inches to 28.99 inches in length is valued at four thousand dollars ($4,000.00).

(3) Any 1 ram with a least one of two horns that is 29.0 inches or greater in length is valued at six thousand dollars ($6,000.00).

C. Bighorn or mountain sheep:

(1) Any 1 ram, below the scoring of 150 points is valued at five thousand dollars ($5,000.00).

(2) Any 1 ram that has a total scoring of 150 points - 180 points is valued at ten thousand dollars ($10,000.00).

D. Deer:

(1) Any 1 mule deer buck with an inside antler spread that measures at least 20 inches is valued at two thousand dollars ($2,000.00).

(2) Any 1 mule deer buck that has a total scoring of 150.0 points - 174.9 points is valued at four thousand dollars ($4,000.00).

(3) Any 1 mule deer buck that has a total scoring of 175.0 points - 199.9 points is valued at six thousand dollars ($6,000.00).

(4) Any 1 mule deer buck that has a total scoring of 200.0 points - 214.9 points is valued at ten thousand dollars ($10,000.00).

(5) Any 1 Texas white-tailed deer buck (not Coues spp.) with an inside antler spread that measures at least 16 inches is valued at two thousand dollars ($2,000.00).

(6) Any 1 Texas white-tailed deer buck (not Coues spp.) that has a total scoring of 125.0 points - 144.9 points is valued at four thousand dollars ($4,000.00).

(7) Any 1 Texas white-tailed deer buck (not Coues spp.) that has a total scoring of 145.0 points - 164.9 points is valued at six thousand dollars ($6,000.00).

(8) Any 1 Texas white-tailed deer buck (not Coues spp.) that has a total scoring of 165.0 points - 199.9 points is valued at ten thousand dollars ($10,000.00).

(9) Any 1 Coues white-tailed deer buck with an inside antler spread that measures at least 10 inches is valued at two thousand dollars ($2,000.00).

(10) Any 1 Coues white-tailed deer buck that has a total scoring of 85.0 points - 99.9 points is valued at four thousand dollars ($4,000.00).

(11) Any 1 Coues white-tailed deer buck that has a total scoring of 100.0 points - 114.9 points is valued at six thousand dollars ($6,000.00).

(12) Any 1 Coues white-tailed deer buck that has a total scoring of 115.0 points - 129.9 points is valued at ten thousand dollars ($10,000.00).

E. Elk:

(1) Any 1 bull with at least 6 antlered points on one of two sides is valued at two thousand dollars ($2,000.00).

(2) Any 1 bull that has a total scoring of 280.0 points - 299.9 points is valued at four thousand dollars ($4,000.00).

(3) Any 1 bull that has a total scoring of 300.0 points - 319.9 points is valued at six thousand dollars ($6,000.00).

(4) Any 1 bull that has a total scoring of 320.0 points - 349.9 points is valued at eight thousand dollars ($8,000.00).

(5) Any 1 bull that has a total scoring of 350.0 points - 399.9 points is valued at ten thousand dollars ($10,000.00).

F. Ibex:

(1) Any 1 buck or billy with at least one of two horns that is 35.0 inches in length is valued at two thousand dollars ($2,000.00).

(2) Any 1 buck or billy that has a total scoring of 70.0 points - 79.9 points is valued at four thousand dollars ($4,000.00).

(3) Any 1 buck or billy that has a total scoring of 80.0 points - 89.9 points is valued at six thousand dollars ($6,000.00).

(4) Any 1 buck or billy that has a total scoring of 90.0 points - 99.9 points is valued at eight thousand dollars ($8,000.00).

(5) Any 1 buck or billy that has a total scoring of 100.0 points or more is valued at ten thousand dollars ($10,000.00).

G. Oryx:

(1) Any 1 oryx with one of two horns at least 34 inches in length is valued at two thousand dollars ($2,000.00).

(2) Any 1 oryx that has a total scoring of 84.0 points - 89.9 points is valued at four thousand dollars ($4,000.00).

(3) Any 1 oryx that has a total scoring of 90.0 points - 100.9 points is valued at six thousand dollars ($6,000.00).

(4) Any 1 oryx that has a total scoring of 101.0 or greater is valued at ten thousand dollars ($10,000.00).

H. Headless game animal: Any 1 game animal designated in 19.30.11.10 shall be valued at their minimum trophy amount as set forth above.

I. Turkey:

(1) Any 1 tom that has at least a 10 inch or longer beard is valued at five hundred dollars ($500.00).

(2) Any 1 tom that has at least one foot-spur that is 1 inch or greater in length is valued at five hundred dollars ($500.00).

J. Wild Salmonidae: Any 1 trout or salmon that has a total length of at least 20 inches is valued at one hundred fifty dollars ($150.00).

[19.30.11.10 NMAC - N, 10/16/2006]

History of 19.30.11 NMAC: [RESERVED]