This rule was filed as 19
NMAC 35.6.
TITLE 19 NATURAL RESOURCES AND WILDLIFE
CHAPTER 35 CAPTIVE WILDLIFE USES
PART 6 EDUCATIONAL USE OF WILDLIFE
19.35.6.1 ISSUING AUTHORITY: New Mexico
Department of Game and Fish.
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12/31/01]
19.35.6.2 SCOPE: People
involved with educational programs using captive wildlife.
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19.35.6.3 STATUTORY AUTHORITY: Sections
17-1-14 and 17-1-26 NMSA 1978 provide that the NM 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 mammal, birds and fish.
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12/31/01]
19.35.6.4 DURATION: Permanent.
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19.35.6.5 EFFECTIVE DATE: September 15,
1994 [unless a later date is cited at the end of a section.]
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19.35.6.6 OBJECTIVE: Establish and
implement a system for the issuance and use of permits for the utilization of protected
wildlife for educational purposes in New Mexico.
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19.35.6.7 DEFINITIONS:
A. "Agent": A person authorized to assist a permittee,
including transport of wildlife, provided there is an employment or direct
supervisory relationship between the permittee and the agent.
B. "Apprentice": A person, over the age of 14, in training
who assists a permittee in performing educational functions. There will be a
direct supervisory relationship between the permittee and the apprentice.
C. "Co-permittee": A person holding all rights and
responsibilities under a permit with another person.
D. "Department": The New Mexico department of game and fish.
E. "Director": The chief administrator for the department
of game and fish.
F. "Endangered
Species": Any species listed by
the department pursuant to the New Mexico department of game and fish statutes
or regulations.
G. "Holding": Retaining in captivity.
H. "Migratory
Birds": A bird listed under or
pursuant to the Migratory Bird Treaty Act (16 United States Code 703-712).
I. "Non-releasable
Animal": An injured animal, which
after rehabilitation is determined to be unlikely to survive in the wild if
released.)
J. "Permit": The document issued under this regulation
for a person(s) to conduct activities authorized by the department of game and
fish.
K. "Permitted
Educator": The person who holds a
valid current permit from any state plus a federal permit.
L. "Permittee
Responsibility": The
responsibility that a permit holder or co-permit holder has to direct the
actions of an individual under his or her control, and for which that
supervisor accepted legal responsibility.
M. "Protected
Wildlife": A species, the
possession or taking of which is controlled, regulated or prohibited by state
or federal law or regulation. Specifically excluded from this definition are
rock doves, European starlings, house sparrows, and domestic animals occurring
in the wild.
N. "Sub-permittee": A person authorized by a permit to conduct
activities only while under the supervisory responsibility of a permit holder
or co-permittee.
O. "Transportation": The moving of captive protected wildlife
from one location to another for educational purposes.
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19.35.6.8 APPLICATIONS AND PERMITS:
A. Applications
shall be filed on forms supplied by the department.
B. Applications
shall contain a verified or sworn statement by the applicant attesting to the
truth of the facts stated in the application.
C. Applications
shall be made in the name of an adult person (18 years and older).
D. Applications
for permits, renewals and amendments shall provide the following information:
(1)
Personal information which allows the identification of the applicant
including full name, date of birth, home address and facility address;
(2)
Two verifiable references indicating the permittee's ability to organize
and present an educational program relevant to the species held on the permit;
(3) Verifiable background information of at
least one year's experience in handling live non-releasable wildlife to be used
in presentations. If this is lacking, an apprenticeship with a permitted
individual or organization is required;
(4) A verified or sworn statement provided by
the applicant attesting to the truth of the facts stated in the application;
(5)
Applicant must demonstrate interest in the program by submitting five
letters from interested parties requesting educational programs;
(6)
Applications shall indicate the wildlife being requested. Subsequent
acquisitions must be applied for and in so doing reasonable need should be established,
based on previous performance and request for future programs;
(7)
Any other information determined by the department to be necessary to
review the application.
E. Permits
shall be issued under the authority of the director or his/her designee.
F. Permits
may not be issued until the applicant's facilities have satisfactorily passed
an inspection conducted by a representative of the director.
G. Any
person holding a permit which authorizes holding of live protected wildlife
shall provide appropriate humanitarian care.
H. Non-releasable
protected wildlife may be retained only for approved educational purposes.
I. Permits
for holding of migratory bird species shall not be valid unless the permit
holder also obtains and maintains a valid federal permit.
J. Permits
may not be issued without a finding that the permit applicant has the ability
and intent to provide humane care. The applicant must demonstrate formal
educational training or actual experience in wildlife education for which
permit authority is sought.
K. All
protected wildlife, their offspring and their parts held under the authority of
a permit, remain the property of the state of New Mexico. The department
retains the authority to seize or direct the disposition of such specimens.
L. Protected
wildlife held under the authority of an educational permit may not be sold,
bartered, or exchanged. They may only be disposed of or released as prescribed
by permit provisions. Disposition shall be reported to the department in a
manner prescribed by this regulation or by permit.
M. An
initial permit shall be issued for one (1) year. Renewal of permit may be
issued for any period of time not exceeding three (3) years from date of
issuance.
N. Permittees
will be authorized to handle specific classes of wildlife for educational
purposes. Handling any class of wildlife not authorized by the permit is a
violation.
O. Applications
for a permit or renewal of a permit will not be considered while unresolved
criminal charges are pending for alleged violation of state or federal wildlife
laws or animal cruelty laws.
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19.35.6.9 PERMIT RENEWALS:
A. Permits
shall be renewed in accordance with this regulation and are subject to its
requirements unless issued as non-renewable permits.
B. Renewal
applications shall be filed in writing on an application form provided by the
department.
C. Terms
of the permit, including the filing of complete annual reports, must be fully
complied with before a renewal will be considered.
D. Permits
for use of migratory birds shall not be valid unless the permit holder also
simultaneously applies for, obtains and maintains a valid federal permit.
E. Denial
and/or revocation of a permit may occur if the permit holder fails to meet any
of the requirements in this regulation for holding the permit.
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19.35.6.10 VIOLATIONS AND ENFORCEMENT:
A. Any
violation of the New Mexico department of game and fish statutes, rules and
regulations of the commission, or any provision in the permit, including
amendments, may result in suspension, probation or revocation of a permit in
addition to any applicable civil, criminal or administrative penalties.
B. Any
misrepresentation of material fact in an application or annual report is a violation
of this regulation.
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19.35.6.11 HEARINGS:
A. An
opportunity for hearing may be provided to any applicant or permit holder for
any denial of a permit, probationary terms of a permit, denial of a permit
renewal or issuance of a permit where the terms of issuance are materially
different from those requested by the applicant and adversely affect the
applicant's interests.
B. Such
procedures shall be consistent with state game commission Regulation 677.
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19.35.6.12 PERMIT REQUIREMENTS:
A. A
permit holder shall carry out all educational activities in a manner which will
benefit the species represented and wildlife in general.
B. A
permit holder shall carry out all educational activities in a humane manner.
Undue stress to animals shall be prevented by spacing of programs or rotation
of animals.
C. A
permit holder shall not allow audience contact during educational activities.
Handling of reptiles/amphibians may be authorized by permit.
D. Animals
shall be presented by the handler in a professional manner. They shall not be
displayed in a way which indicates tameness or pet status.
E. Apprentices
shall handle wildlife only under supervision of the permittee or co-permittee.
F. All
permittee's facilities shall be subject to unannounced inspections by
authorized representatives of the director.
G. Protected
wildlife may not be imported from another state or another country without
meeting importation permit provision allowing such activity.
H. Permit
holders shall provide verifiable background information of at least one year's
experience in handling live non-releasable wildlife to be used in
presentations.
I. The
department may make special conditions in individual permits which are consistent
with this regulation and which are necessary to carry out the intent of this
regulation or New Mexico department of game and fish statutes.
J. A
copy of the approved permit or written authorization by the permittee shall
accompany any shipment or transport of wildlife and shall be available for
inspection at each of the premises authorized by the permit.
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19.35.6.13 RECORD KEEPING REQUIREMENTS:
A. Permit
holders shall file annual reports by January 30 of each permit year unless
permission is granted for a later filing.
B. Permit
holders shall complete and submit an annual report on a form provided by or
approved by the department and shall include:
(1)
Dates of all presentations;
(2) Names of organizations and/or schools at
which presentations were given;
(3)
Number and age group of attendees;
(4)
Subject matter covered;
(5)
Identify wildlife and/or parts used in each program;
(6)
If wildlife is on permanent display, indication of number of persons
viewing the display;
(7)
An itinerary of future presentations.
C. The
annual report shall include disposition of animals removed from permit.
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19.35.6.14 GENERAL FACILITIES STANDARDS:
A. Educational
permit holders shall comply with the applicable facilities standards of this
regulation in addition to any specific requirements placed in their permits.
B. Permit
holders shall provide confinement areas and cages for housing educational
animals that are appropriately sized, constructed and maintained so as to
provide a humane and safe environment for wildlife. Housing should conform to accepted national standards.
C. The
department may specify individual caging requirements in each permit on a
case-by-case basis depending upon the species. In imposing individual
standards, the department may be guided by similar requirements imposed by
state and federal agencies regulating comparable activities.
D. Permit
holders shall provide travel containers appropriately sized, constructed and
maintained so as to provide a humane and safe environment for wildlife while in
transit.
E. Health
records shall be maintained on currently held wildlife (i.e., weights, dates of
vet visit, injuries and/or treatment).
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History
of 19.35.6 NMAC: [RESERVED]