This rule was filed as 19
NMAC 36.2.
TITLE 19 NATURAL RESOURCES AND WILDLIFE
CHAPTER 36 WILDLIFE EDUCATION AND TRAINING
PART 2 TAKING AND POSSESSION OF
PROTECTED WILDLIFE FOR SCIENTIFIC AND
EDUCATIONAL PURPOSES
19.36.2.1 ISSUING AGENCY: Mexico Department
of Game and Fish.
[1/31/96; Recompiled
12/31/01]
19.36.2.2 SCOPE: The
department of game and fish and all persons who may be involved in the taking
of protected wildlife for scientific and educational purposes.
[1/31/96; Recompiled
12/31/01]
19.36.2.3 AUTHORITY: Sections
17-2-37 through 17-2-46, 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.
[3/11/93, 1/31/96; Recompiled
12/31/01]
19.36.2.4 DURATION: Permanent.
[1/31/96; Recompiled
12/31/01]
19.36.2.5 EFFECTIVE DATE: January 31,
1996 [unless a later date is cited at the end of a section]
[1/31/96; Recompiled
12/31/01]
19.36.2.6 OBJECTIVE: To provide
information on the taking and possession of protected wildlife for scientific
and educational purposes.
[3/11/93, 1/31/96; Recompiled
12/31/01]
19.36.2.7 DEFINITIONS:
A. "Authorization"
means the written outline of activities that a person(s) is authorized to
conduct under this regulation. Each authorization shall include the name and
address of the person(s) so authorized, as well as the numbers, origins, and
disposition of protected wildlife that may be taken or possessed.
B. "Designated
cooperator" means any person(s) so designated by the department of game
and fish for the purpose of being exempted from obtaining the permit otherwise
required under this regulation.
C. "Educational
purposes" means the taking or possession of protected wildlife for
instructional, display, and/or other educational purposes.
D. "Non-resident"
means any person that is not defined as a resident under Section 17-3-4, New
Mexico Statutes Annotated 1978 Compilation.
E. "Permit"
means the permit issued under this regulation for a person(s) to conduct
activities as authorized by the department of game and fish.
F. "Permittee"
means any person authorized to conduct activities under this regulation,
whether by authorization or permit.
G. "Protected
wildlife" means the following taken under this regulation:
(1)
All wild species of mammals, birds, reptiles, amphibians and fishes and
endangered mollusks and crustaceans taken by any person that is a non-resident
of New Mexico.
(2)
The following wild species taken by any person that is a resident of New
Mexico: pikas, marmots, and game, furbearing
and endangered mammals; all birds (except rock doves, European starlings, and
house sparrows); horned lizards (if sacrificed, retained and/or transported
out-of-state) and endangered reptiles; bullfrogs and endangered amphibians;
game and endangered fishes; and endangered mollusks and crustaceans.
H. "Resident"
means any person defined as such by Section 17-3-4, New Mexico Statutes
Annotated 1978 Compilation.
I. "Scientific
purposes" means the taking or possession of protected wildlife for
research, management and/or related purposes (e.g., captive, experimental and
mark-and-release studies).
J. "Taking"
means the capture, sacrifice, salvage, retention, transport, possession or the
attempted capture, sacrifice, salvage, retention, transport or possession of
protected wildlife.
[3/11/93, 1/31/96; Recompiled
12/31/01]
19.36.2.8 PERMIT REQUIREMENTS:
A. In
order to conduct activities authorized under this regulation, a person must
complete, sign, and submit an application (with any appropriate attachments) to
the department of game and fish. A fee must accompany the application of any
person requiring a permit to conduct such activities (see Exemption 9, infra,
for such exemptions) [now 19.36.2.9 NMAC].
B. Based
on the above application, the department of game and fish will approve the
activities to be conducted in the form of a written authorization. Such
authorization shall be required of all persons wishing to conduct activities
under this regulation, except as exempted in Exemption 9 (infra) [now
19.36.2.9 NMAC].
C. Based
on the above authorizations, permits will be issued to allow applicants to
conduct authorized activities (each permit must have an authorization
attached). Persons not requiring permits are authorized to conduct their
activities solely on the bases of the authorizations that are issued to them.
D. An
annual fee will be charged for each permit, the amount of which will shall be
set by regulation. This fee will be refunded to applicants in those cases in
which activities are not authorized or permit requirements are waived by the
department of game and fish.
E. Authorizations
and permits are issued to individuals rather than to parties or organizations.
However, a permittee may have subpermittees, provided their names,
qualifications and signatures are included in the application. Individuals
should be included as subpermittees only if they take or possess protected
wildlife when outside the immediate oversight and supervision of the permittee.
F. Authorizations/permits
will be valid for up to three years and will be based on a calendar year.
G. Authorizations
must be amended to reflect changes in activities, including the addition of
subpermittees, kinds and numbers of wildlife and areas. Amendments must be
requested in writing, as well as signed by permittees and newly-added
subpermittees.
H. Authorizations/permits
will be issued only to qualified applicants for legitimate scientific and
educational purposes. Such activities must be carried out in a humane,
judicious, sensitive and otherwise appropriate manner, and failure to do so
will be grounds for punitive or other actions by the department of game and
fish.
I. Authorization/permits
may be amended, suspended or revoked pursuant to the statutes, regulations and
policies of the department of game and fish, provided that permittees will be
notified in writing when such actions are to be taken.
J. Authorizations/permits
are not transferable, and they shall be signed as required and carried by
permittees and subpermittees when authorized activities are being conducted.
K. Authorizations,
permits, specimens and other relevant materials must be shown by a permittee or
their agents to any law enforcement officer or other authorized persons upon
request.
L. By
signing applications, year-end reports, and other documents, permittees and
their subpermittees affirm their understanding of and intent to abide by the
statutes, regulations and policies of the department of game and fish regarding the taking of wildlife for
scientific and educational purposes. As a consequence, these documents can be
used in dealing with infractions committed by permittees or subpermittees.
[3/11/93, 1/31/96; Recompiled
12/31/01]
19.36.2.9 EXEMPTIONS:
A. The
following are exempted from applying for or having authorizations and permits
for conducting activities under this regulation:
(1)
Employees of the department of game and fish when such activities are
part of their official duties.
(2)
Persons that salvage or aid in salvaging dead, injured or otherwise
incapacitated wildlife for the department of game and fish or others authorized
for such possession, provided that this exemption does not apply to game
species. Salvaged wildlife should be turned over to the department or other
authorized recipients in a timely and expedient manner.
B. The
following persons are exempted from obtaining permits for activities under this
regulation, provided such activities are included in authorizations issued to
them by the department of game and fish:
(1)
Employees of federal and New Mexico state, county and local agencies,
provided the activities are part of official duties.
(2)
Contractors and designated cooperators of the department of game and
fish, provided the activities are part of their contractual or cooperative duties.
[3/11/93, 1/31/96; Recompiled
12/31/01]
19.36.2.10 RETENTION AND DISPOSAL OF
SPECIMENS:
A. Protected
wildlife may be taken and possessed under this regulation only for scientific
or educational purposes as defined in Definitions 1 (supra), provided
that specimens may be donated, exchanged or otherwise processed in accordance
with standard scientific and educational practices.
B. The
retention of protected wildlife taken or possessed under this regulation is
authorized in perpetuity under the authorization/permit under which originally
taken, except as provided in 10.3 [now Subsection C of 19.36.2.10 NMAC] (infra).
C. The
disposition of any progeny of wildlife taken or possessed under this regulation
shall be in accordance with written authorization from the department of game
and fish.
[3/11/93, 1/31/96; Recompiled
12/31/01]
19.36.2.11 YEAR-END REPORTS:
A. All
permittees are required to file year-end reports on activities conducted under
this regulation.
B. Each
year-end report must be signed by the permittee and received by the department
of game and fish no later than 30 days after the expiration of the license-year
for which that permit was valid.
C. A
year-end report must be filed with and accepted by the department of game and
fish prior to the renewal or reissuance of any authorization and/or permit.
[3/11/93, 1/31/96; Recompiled
12/31/01]
19.36.2.12 INFRACTIONS:
A. In
order to promote adherence to provisions of this regulation, permittees will be
issued a point for each infraction of required procedures. When points total
three (3), a recommendation will be made to the state game commission that the
permittee's authorization and/or permit privileges be denied or suspended for a
period of one year. These violations are as follows (each is scored one point):
(1)
Late submission of a year-end report.
(2)
Exceeding authorized take of specimens providing the excess is 10
percent or less.
(3)
Taking of authorized wildlife in an unauthorized locality or manner.
(4)
Committing the same infraction two years in a row.
B. Other
infractions will be dealt with under regulations and policies of the department
of game and fish, which could lead to revocation of permits, criminal and/or
civil prosecution, or both.
[3/11/93, 1/31/96; Recompiled 12/31/01]
HISTORY OF 19.36.2 NMAC:
Pre-NMAC History:
The material in this Part was derived from that previously filed with
the State Records Center and Archives:
Regulation No. 705, Regulation for the Taking and Possession of Protected Wildlife for Scientific and Educational Purposes, 3/11/9.
History of Repealed Material: [RESERVED]