TITLE
19 NATURAL RESOURCES AND
WILDLIFE
CHAPTER
34 WILDLIFE HABITAT AND LANDS
PART 3 USE OF STATE GAME COMMISSION
LANDS
19.34.3.1 ISSUING AGENCY: New Mexico
Department of Game and Fish.
[19.34.3.1
NMAC - Rp, 19.34.3.1 NMAC, 6-30-2016]
19.34.3.2 SCOPE: Department staff; licensed hunters, anglers,
and trappers; and habitat management and access validation (HMAV) holders.
[19.34.3.2
NMAC - Rp, 19.34.3.2 NMAC, 6-30-2016]
19.34.3.3 STATUTORY AUTHORITY: Sections 17-1-1, 17-1-14, 17-1-26, 17-4-1,
and 17-4-33 NMSA 1978, provide the New Mexico state game commission with the
authority to acquire lands, to provide for use of game and fish for use and
development for public recreation, and to establish rules that it may deem
necessary to carry out the purposes of Chapter 17, NMSA 1978.
[19.34.3.3
NMAC - Rp, 19.34.3.3 NMAC, 6-30-2016]
19.34.3.4 DURATION: Permanent.
[19.34.3.4
NMAC - Rp, 19.34.3.4 NMAC, 6-30-2016]
19.34.3.5 EFFECTIVE DATE: June 30, 2016, unless a later date is cited
at the end of a section.
[19.34.3.5
NMAC - Rp, 19.34.3.5 NMAC, 6-30-2016]
19.34.3.6 OBJECTIVE: To establish terms and conditions for use of
land owned, controlled or operated by the commission.
[19.34.3.6
NMAC - Rp, 19.34.3.6 NMAC, 6/30/16]
19.34.3.7 DEFINITIONS:
A. “Access” shall mean consent for an
individual to enter upon and use designated lands for hunting, fishing,
trapping, or gaining access into nature activities. Access excludes commercial activity.
B. “Access rules”
shall mean restrictions or prohibitions on access applicable to designated land
pursuant to 19.34.3.10 NMAC.
C. “Big game” shall mean deer, elk, pronghorn antelope, bighorn sheep,
ibex, Barbary sheep, oryx, turkey, javelina, bear, and cougar.
D. “Commercial
activity” means any activity conducted within land for which a fee is
charged or compensation or anything else of value is received by the person or
business conducting the activity, except for hunting activities conducted by an
outfitter registered with the department.
E. “Commission”
shall mean the New Mexico state game commission.
F. “Director” shall mean the director of
the New Mexico department of game and fish.
G. “Department” shall mean the New Mexico
department of game and fish.
H. “Designated area(s)” shall mean those
areas within designated land where access is either allowed or restricted.
I. “Designated land(s)” shall mean land on
which access is allowed for hunting, fishing, trapping, gaining access into
nature activities, or activities authorized by the director pursuant to
19.34.3.9 NMAC
J. “Gaining access into nature” or “ GAIN”
shall mean a program to provide broadly based wildlife-associated recreation
opportunity, not to include hunting, trapping, or fishing, pursuant to 17-4-33
NMSA 1978.
K. “GAIN activities” shall mean activities
that provide broadly based wildlife-associated recreation, not to include
hunting, trapping, or fishing..
L. “Group” shall
mean at least one (1) individual in possession of a hunting license, fishing
license, trapping license, or habitat management and access validation (HMAV) valid
for the current license year and up to three (3) accompanying individuals. Youth
under the age of 18 are exempt from this definition.
M. “Land(s)” shall mean property owned,
operated, or controlled by the
commission except property upon which state parks are located and operated by
the state parks division of the energy, minerals, and natural resources
department. Activities on
commission-owned land within state parks operated by the state parks division
of the energy, minerals and natural resources department shall be subject to
state parks division rules.
N. “License
year” shall
mean the period of April 1 through March 31.
O. “Operator”
shall mean any person or entity that conducts commercial activity on land
pursuant to a commercial permit issued by the department and that person’s or
entity’s agents.
[19.34.3.7
NMAC - Rp, 19.34.3.7 NMAC, 6-30-2016]
19.34.3.8 PROHIBITION OF DISCRIMINATION: No one shall be denied use of lands on the
basis of race, color, religion, sex, disability, family status or national
origin.
[19.34.3.8
NMAC - Rp, 19.34.3.10 NMAC, 6-30-2016]
19.34.3.9 AUTHORITY OF DIRECTOR: The director shall have the authority to
specify designated lands, specify access rules, and to close, in whole or in
part, or otherwise restrict the use of land when in the opinion of the director
such closure or restriction is reasonably necessary for the protection of such
land, wildlife, habitat, the public or otherwise, to respond to circumstances
concerning such land. The director shall
have the authority to authorize an activity prohibited or restricted by access
rules or not otherwise specified on land when in the opinion of the director
such activity is not detrimental to the land, wildlife or purpose(s) for which
the land is managed and will not result in any expenditure from the game
protection fund that is inconsistent with Sections 17-1-28 and 17-1-29 NMSA
1978.
[19.34.3.9
NMAC - Rp, 19.34.3.12 NMAC, 6-30-2016]
19.34.3.10 ACCESS RULES:
A. It shall be
unlawful for any individual to enter
upon land not designated for access.
B. It shall be unlawful to operate any vehicle off of
established roads or on closed roads within land, except as allowed by the
director through permit or commission rule, or any county, state or federal law
enforcement officer in the discharge of his/her official duties.
C. It shall be
unlawful for an individual or group to
enter upon designated land without possessing at least one (1) hunting license,
fishing license, trapping license, or habitatat management and access
validation (HMAV) valid for the current license year. Youth under the age of 18 are exempt from
this access rule.
D. It shall be
unlawful to deface or remove rocks, minerals, plants (including fruits, nuts,
and berries), animals, firewood, or man made feature from any land unless
specifically allowed by commission rule.
E. It shall be unlawful for any person to excavate,
injure, destroy, or remove any cultural resource or artifact from any land.
F. It shall be
unlawful for any individual to access designated land, outside designated
areas, during published big game and waterfowl hunting seasons for the respective
designated land.
G. It shall be unlawful to camp in excess of fourteen
(14) consecutive days, except by licensed hunters and their guests concurrent
with their licensed hunt and scouting period.
H. It shall be unlawful to have an open fire unless safely
contained.
I. It shall be unlawful to use or possess any hay or
feed for domestic livestock use on land other than pelleted or grain feed, or hay
certified as weed free.
J. It shall be unlawful to conduct a commercial
activity on land without first obtaining a commercial permit as described in
19.34.3.12 NMAC.
K. Nothing in this rule shall prevent state employees or
contract workers from performing administrative duties on land.
L. It shall be unlawful to possess unleashed dogs or other
pets on land. Exceptions: dogs may be unleashed for permitted field
trial or hunting purposes during established seasons only and only on land
where use of dogs for hunting purposes is allowed by rule; dogs may be
unleashed when allowed for authorized department personnel; and dogs may be
unleashed for authorized wildlife management activities.
M. Properly-licensed big
game hunters and up to three (3) guests are exempt from closures during a seven
(7) day scouting period prior to the start of the licensed hunt period on the
respective designated land.
N. It shall be unlawful to violate any access
rule specified by the director for specific designated land and disseminated by
posting or notice provision by the department (e.g. posted signs, New Mexico
fishing and hunting rules and information, or the department website).
[19.34.3.10
NMAC - N, 6-30-2016]
19.34.3.11 USE OF LAND: Designated land for
hunting, fishing, or trapping access shall be specified by the department and
shall be disseminated through the annual publication of New Mexico hunting and
fishing rules and information. Designated
land for GAIN activities shall be specified by the director and shall
be posted on the department website (www.wildlife.state.nm.us). Access
to designated land is allowed unless otherwise restricted or prohibited by
access rules pursuant to 19.34.3.10
NMAC. Land not designated for access shall
remain closed. Applications
for the Jamie Koch community shelter shall be accepted only at the department
office in Santa Fe. Reservations are
made on a first come first serve basis.
The fee shall cover the day use shelter for a 24 hour period up to four
(4) consecutive days. The permit fee
shall be established by the director.
[19.34.3.11
NMAC - Rp, 19.34.3.13 NMAC, 6-30-2016]
19.34.3.12 COMMERCIAL PERMITS:
A. A
commercial permit is required for any person or business to conduct a
commercial activity on designated land and must be in the possession of the
permittee while the permittee is on designated land.
B. Requests
for commercial permits may be submitted to the department office in Santa Fe
for review.
C. Each
commercial permit shall specify the number of employees or agents authorized to
conduct activities on behalf of the permittee pursuant to said permit. A copy of the commercial permit must be in
the possession of the operator and every employee or agent while on designated
land.
D. No
commercial permit shall be issued until the applicant has provided proof of
insurance or bond in the amount of not less than $1,000,000 naming the
department, the commission and state of New Mexico as additional insureds.
E. Operators
and their clients are subject to all applicable state and federal regulations.
F. Commercial
permits are not transferable. A
commercial permit cannot be sold or transferred for any reason. The department will not refund any portion of
the commercial permit fee for any reason.
G. The
director may limit the number and type of commercial permits in order to
protect resources. The director may prescribe special requirements and
conditions for commercial permits when, in his sole discretion, it is in the
best interests of the state to do so.
Special requirements may include, but are not limited to: limitations on
use of designated land, grounds and facilities; designation of a specific area
within the designated land in which an operator is allowed to operate;
designation of specific days or hours during which an operator is allowed to
operate; number of participants, requirements for submission of use and price
data; and training requirements.
H. No
operator shall violate any condition of the commercial permit or restriction of
the designated land. Violation of the
commercial permit or a restriction may result in the immediate revocation of
the commercial permit. Operators shall
be subject to the procedural provisions of Section 17-3-34 NMSA 1978 and
Subsection C of 19.31.2.10 NMAC, and 19.31.2.11 NMAC through 19.31.2.24 NMAC.
I. The director
may deny any application for a commercial permit.
J. The
department shall establish the fee for each individual commercial permit it
issues.
K. The department
reserves the right to cancel or modify any commercial permit in emergency
circumstances as determined by the director.
[19.34.3.12
NMAC - Rp, 19.34.3.14 NMAC, 6-30-2016]
HISTORY OF 19.34.3 NMAC:
Pre-NMAC History: The material in this
part was derived from that previously filed with the State Records Center and
Archives:
DGF 70-1, Regulation No. 510, Establishing
Camping Fees on Department Controlled Lands, 1/19/70.
DGF 70-1, Amendment No. 1, Order No. 8-70, Amending
State Game Commission’s Regulation No. 510 and Repealing State Game
Commission’s Regulation No. 458, 1/14/71.
DGF 70-5, Regulation No. 515, Establishing
Camping Fees on Department Controlled Lands, 4/20/70.
DGF 71-2, Regulation No. 519, Establishing Camping
Fees on Department Controlled Lands, 3/9/71.
DGF 72-6.1, Regulation No. 537, Establishing
Camping Fees on Department Controlled Lands, 6/6/72.
DGF 72-6.1, Amendment No. 1, Order No. 4-72,
Amending State Game Commission Regulation No. 537, 8/16/72.
DGF 74-3, Regulation No. 553, Establishing
Camping Fees on Department Controlled Lands, 1/11/74.
DGF 76-3, Regulation No. 574, Establishing
Camping Fees on Department Controlled Lands, 3/16/76.
DGF 76-3, Amendment No. 1, Order No. 3-78,
Amending Regulation No. 574, 2/15/78.
DGF 79-3, Regulation No. 598, Establishing Fees,
Dates and Other Rules for Use of Department Controlled Lands, 6/27/79.
DGF 79-3, Amendment No. 1, Order No. 1-81,
Amendment No. 1 to Regulation No. 598, 3/5/81.
Regulation No. 666, Establishing Fees, Dates and
Other Rules for Use of Department Controlled Lands, 3/20/89.
Regulation No. 671, Establishing Fees, Dates and
Other Rules for Use of Department Controlled Lands, 9/1/89.
Order No. 3-84, Amendment to Regulation No. 598,
3/16/84.
History of Repealed Material:
19.34.3 NMAC, Use of Department of Game and Fish
Lands, filed 1/18/05 - Repealed effective 10-30-09.
19.34.3 NMAC, Use of Department of Game and Fish
Lands, filed 10/30/09 - Repealed effective 6-30-16.