TITLE 19               NATURAL RESOURCES AND WILDLIFE

CHAPTER 35       CAPTIVE WILDLIFE USES

PART 9                 CLASS A PARK AND LAKES

 

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

[19.35.9.1 NMAC - N, 9-28-01]

 

19.35.9.2               SCOPE:  Persons who desire to hold wildlife species in the State of New Mexico.  This will include holders of Class “A” Park and Lake Licenses.

[19.35.9.2 NMAC - N, 9-28-01]

 

19.35.9.3               STATUTORY AUTHORITY:  17-1-14, 17-1-26, 17-2-3, 17-2-7, 17-2-10, 17-4-8, 17-4-9, 17-4-10, 17-4-11, 17-4-12, 17-4-13, 17-4-14, 17-4-15, 17-4-16, 17-4-17, 17-4-18, 17-4-19, 17-4-20, 17-4-21, 17-4-22, 17-4-23, 17-4-24, 17-4-25, 17-4-26, 17-4-27, 17-4-28.

[19.35.9.3 NMAC - N, 9-28-01]

 

19.35.9.4               DURATION:  Permanent.

[19.35.9.4 NMAC - N, 9-28-01]

 

19.35.9.5               EFFECTIVE DATE:  September 28, 2001, unless a later date is cited at the end of a section.

[19.35.9.5 NMAC - N, 9-28-01]

 

19.35.9.6               OBJECTIVE:  To provide consistent criteria for the possession and sale of privately owned wildlife held in New Mexico.  To provide disease testing and general requirements in order to protect native wildlife and address human health and safety issues.

[19.35.9.6 NMAC - N, 9-28-01]

 

19.35.9.7               DEFINITIONS:

                A.            Facility: the area of a class A park surrounded by a fence, and all buildings, isolation pens, loading chutes, gates, waters, and other structures used in the class A park operation.

                B.            Feed: all forage grown outside the facility and transported in, all forages compounded and packaged for commercial distribution, and all dietary supplements.

                C.            Water: The system for delivering water to animals in a class A park including but not limited to wells, streams, ponds, troughs, and water catchments.

                D.            Animal health emergency: A situation in which people or animals are at risk of exposure to infectious or contagious diseases.

                E.             Quarantine: A status declared for any park in which an animal health emergency has occurred.  No animal ingress or egress shall be permitted until the animal health emergency has ended.

                F.             Record: include all vital documents and computer data kept for each animal.  These documents include but are not limited to breed registries, importation permits, bills of sale, health certificates, veterinary diagnoses, scheduled and unscheduled health management actions, reproductive outcomes, etc.

                G.            Permit owner: That person or persons to whom the class A park or lake permit is issued.  This person(s) may be a lessee on the land designated for the class A park or lake.

                H.            CWD: Chronic wasting disease, a transmissible spongiform encephalopathy of cervids.

                I.              Positive herd: A herd in which a CWD positive animal resided at the time it was diagnosed and which has not been released from quarantine.

                J.             Suspect herd: A herd for which laboratory evidence or clinical signs suggest a diagnosis of CWD, but for which laboratory results have been inconclusive or not yet conducted.

                K.            Exposed herd: A herd in which a CWD positive or exposed animal has resided 60 months prior to the diagnosis.

                L.            Trace-back-herd: An exposed herd in which a CWD positive animal resided in any of the 60 months prior to the diagnosis

                M.           Trace-forward herd: An exposed herd that has received exposed animals from a positive herd within 60 months prior to the diagnosis of CWD in the positive herd.

                N.            Shooter animals: Animals designated by an owner or his designee for hunting or harvesting in the park.

                O.            Single fence: A park surrounded by one continuous fence.

                P.            Double fence: A park surrounded by two (2) fences, each continuous with one fence surrounding the other and sufficient to prevent no nose to nose contact with similar species.

                Q.            Quarantine fence: A fence, inside or out of a park that is constructed in an animal health emergency.

                R.            CWD profile: A deer or elk that is at least 12 months of age (adult) that is emaciated and exhibits some combination of clinical signs including abnormal behavior, increased salivation, tremors, stumbling, incoodrination, difficulty in swallowing, excessive thirst, and excessive urination.

                S.            Whole herd or complete monitoring: Participation by park owners or their designee, where every brainstem (obex) is successfully submitted to an accredited laboratory for CWD testing, regardless if the death is natural or not, following the director’s CWD monitoring standards.

                T.            Herd monitoring: Voluntary participation by park owners or their designee, where brainstem (obex) is successfully submitted to accredited laboratory for CWD testing, following the director’s CWD monitoring standards.

                U.            CWD Test Sample: Shall be comprised of the brainstem containing the obex region and a sample of cerebellum both identified and preserved in 10% buffered formalin and not frozen.  A second sample of cerebellum shall be identified and retained frozen for further testing if required.

[19.35.9.7 NMAC - N, 9-28-01; A, 05-15-02; A, 03-31-03]

 

19.35.9.8               POSSESSION AND RETENTION OF PROTECTED SPECIES LIVE ANIMALS, BIRDS AND FISH:  It shall be unlawful to possess protected species of live animals, birds or fish, as defined in 17-2-3 NMSA 1978, in New Mexico without first obtaining appropriate permits issued by the Director of the Department of Game and Fish. Such permits will be issued only for those purposes named in Subsection A of 19.31.10.10 NMAC as described herein. New permits will not be issued until all conditions and/or appeal processes listed herein have been satisfied.  A violation of the provisions herein shall subject the permittee or licensee to denial or revocation as described under authority of 17-1-14, 17-3-34 NMSA 1978 and 19.31.2 NMAC.

                A.            Only members of the following families of fish (except as noted in Subsections D, and E of 19.35.7.8 NMAC) will be considered for retention in New Mexico Class A lakes:

                    (1)     Salmonidae

                    (2)     Esocidae

                    (3)     Percichthyidae

                    (4)     Ictaluridae

                    (5)     Centrarchidae

                    (6)     Percidae

                B.            Only members of the following families of mammals and birds will be considered for retention in New Mexico Class A parks:  Protected mammals and birds under 17-2-3 NMSA 1978.

                C.            Permission may be granted by the State Game Commission to retain prohibited species into New Mexico upon demonstration by the applicant that no possible conflict with native animals, human health or livestock will occur, upon showing of good cause, and/or upon requiring that certain additional conditions are met by the applicant, and does not conflict with any other law, rule or ordinance.

[19.35.9.8 NMAC - N, 9-28-01]

 

19.35.9.9               POSSESSION CONDITIONS AND HEALTH CERTIFICATION:  All live protected species of the families Bovidae, Antilocapridae, and Cervidae retained in the state of New Mexico shall meet the following criteria:

                A.            All class A parks with cervids must participate in a CWD monitoring program if any animal shows a CWD profile, or is identified to come from a positive herd, suspect herd, exposed herd, trace-back-herd or trace-forward herd.  All other CWD testing will be voluntary.  All voluntary participants in CWD testing will be able to choose either whole herd monitoring or herd monitoring.  Regardless of the testing standard chosen, all participants must collect two (2) samples per animal for CWD testing.  The formalin preserved brainstem and portion of cerebellum will be submitted for testing and the remaining cerebellum section will be retained frozen for further testing and verification or until written negative results from the submitted samples have been received. Participants must adhere to all of the director’s CWD monitoring standards, and when in compliance, will receive an annual certificate.  Anyone not adhering to the standards will not receive a certificate and lose their herd status for CWD monitoring accreditation.  An owner may appeal this loss of certification to the state game commission.

                    (1)     Testing must be done at the expense of the park owner.

                    (2)     Testing shall be done only at a lab certified for CWD testing by the national veterinary services Laboratory, Ames, IA.

                    (3)     Official statements of CWD testing results from the laboratory must be retained by owners and presented to the department annually.

                    (4)     CWD testing and monitoring shall be established by the director and conform to the director’s CWD monitoring standards. 

                B.            Any live cervid leaving the park must be accompanied by a health certificate by an accredited veterinarian.

                C.            Any protected wildlife leaving a park or lake must also be accompanied by a bill of sale or invoice.

                D.            Owners must maintain records of animals handled inside the park.  Records must be available to the department for inspection annually.  These records shall include but not be limited to:

                    (1)     Each animal in parks enrolled in the whole herd program must have at least one unique tattoo inside the ear.

                    (2)     Each animal must have records of its origin and the records must be kept current and available for the lifetime of the animal:

                              (a)     bill of sale if the animal was purchased or donation receipt

                              (b)     importation permit if the animal was imported into New Mexico

                              (c)     health certifications of the herd of origin

                              (d)     birth date and parentage if  know and born on the park

                              (e)     registration records if applicable

                    (3)     Each animal must have reproductive records if known:

                              (a)     number of offspring produced

                              (b)     dates of birth

                              (c)     abortions detected

                              (d)     failures to conceive

                    (4)     Records must be kept of all deaths if known:

                              (a)     date of death

                              (b)     result of CWD testing.  CWD testing is mandatory for all animals showing CWD profile in addition to any testing required for a CWD monitoring program. 

                              (c)     reason of death including records of veterinary treatment

                              (d)     results of necropsy if applicable

                              (e)     name and address of successful hunters for all shooter animals killed.

                    (5)     Health records must be kept and maintained if tested or treated:

                              (a)     vaccinations received and dates

                              (b)     sickness or disease, treatments, amounts of medications administered, and dates

                              (c)     non-disease related treatments and dates, such as wormings or supplements

                    (6)     Records of cut antler harvested:

                              (a)     amounts and dates of harvest.

                              (b)     lists of buyers and dates of sales

                    (7)     Records of live animal sales

                              (a)     bills of sales.

                              (b)     names and addresses of buyers.

                              (c)     destinations, dates, and modes of live animal transport away from the park.

                E.             Feed containing animal products or by-products shall not be administered to cervids.

                F.             Any positive test for CWD shall constitute an animal health emergency.  The department must be notified within 24 hours of the diagnosis.  This notification requirement will only be considered met if the owner or designee talks directly to the department’s game and fish dispatch at 1-505-827-9376.

                    (1)     The park shall be under immediate indefinite quarantine.  All gates shall remain closed, and all existing fences shall remain standing and maintained at the owner’s expense.

                    (2)     The director shall determine what actions will be taken to contain, control, and prevent the immediate spread of the animal health emergency.  The director or his designee shall seek consultation and recommendations from health and disease specialists and will update the commission on these recommendations.  The commission will determine the degree of contamination as well as what actions to take or implement on quarantine, treatment, disinfection, isolation, imdemnification and destruction.

                    (3)     Owners shall submit all herd records to the department within 72 hours of the diagnosis, and notify all owners of trace-forward and trace-back herds of the positive CWD diagnosis within 72 hour of the diagnosis.

                G.            Domestic sheep shall not be kept within the boundaries of the park unless the herd is enrolled in the USDA Scrapies Program.

                H.            All live protected species of the family Salmmonidae retained for propagation and sale outside of the class A lake shall meet the following criteria:

                    (1)     Test annually meeting the same requirements as specified as 19.35.7 NMAC.

                    (2)     Any positive test for any of the pathogens listed in 19.35.7 NMAC shall constitute an animal health emergency.  The department must be notified within 24 hours of the diagnosis.  This notification requirement will only be considered met if the owner or designee talks directly to a department person either by phone or in-person.

                              (a)     The lake shall be under immediate indefinite quarantine.

                              (b)     Owners shall submit factual copies of all records to the department within 72 hours of the diagnosis, and notify all owners of trace-forward and trace-back lots of fish of the positive diagnosis within 72 hours of the diagnosis.

[19.35.9.9 NMAC - N, 9-28-01; A, 05-15-02; A, 03-31-03]

 

19.35.9.10             ANIMAL HEALTH EMERGENCIES: Upon identification of an animal health emergency the director shall determine what immediate actions will be taken to contain, control, and prevent spread of the animal health emergency giving due consideration and direction on quarantine, treatment, disinfection, isolation, imdemnification and destruction.  The director or his designee shall seek consultation and recommendations from health and disease specialists and update the commission on these recommendations.  The commission will determine the degree of contamination as well as what other actions to take or implement on quarantine, treatment, disinfection, isolation, imdemnification and destruction.  The director will notify and periodically update the following persons or agencies on the status of the animal health emergency and should consist of at least:

                A.            The park owner or land management agency representative and/or their legal counsel

                B.            The department’s assistant attorney general representative

                C.            The state veterinarian

                D.            The USDA area veterinarian in charge

                E.             Escaped Animals:  However, if in the opinion of the director, any escaped animal poses a health emergency it shall be captured by the department of game and fish and if necessary destroyed.

[19.35.9.10 NMAC - N, 9-28-01; A, 05-15-02; A, 03-31-03]

 

19.35.9.11             INTRASTATE TRANSPORTATION:

                A.            All live cervids transported within the state of new mexico shall:

                    (1)     be permanently identified with any 2 of the following, implanted with an electronic identification device, tagged with a tamper proof ear tag, and/or tagged with USDA metal ear tags.  All numbers shall be registered with the department of game and fish,

                    (2)     be legally possessed;

                    (3)     can only be transferred to other class A park facilities; unless sold for immediate consumption; or

                    (4)     shipped following all applicable laws.

                B.            Any individual(s) transporting live fish from a class A lake shall:

                    (1)     be required to seek importation and release permits through the process outlined in 19.35.7 NMAC;

                    (2)     legally possess the fish;

                    (3)     ship following all applicable laws.

[19.35.9.11 NMAC - N, 9-28-01]

 

19.35.9.12             CLASS A PARK AND LAKE APPLICATION AND PERMITTING OF NEW PARKS: New class A park and lake applications will be accepted anytime during the license year. All park and lake licenses will expire March 31st and must be renewed.  Applicants or designee shall provide completely factual information on all application and supplemental material requested, included but not limited to:

                A.            Name of owner, address, telephone number, name of contact person;

                B.            Complete legal description of park or lake, including location (township, range, section); county; size of park or lake (surface acres-lake or water; major use of water.  A map of sufficient size and detail to allow the park or water to be located by someone unfamiliar with the area shall be included;

                C.            Species, size, pounds, and number of wildlife to be retained will be specified;

                D.            Purpose of park or lake will be specified;

                E.             That each park or lake facility shall meet all the specifications listed on the application prior to final approval and no permit will be approved until all conditions and inspections have been completed by a department of game and fish designee.

                F.             Inclusion of annual fee for processing of application as per 19.30.9 NMAC.

[19.35.9.12 NMAC - N, 9-28-01]

 

19.35.9.13             RENEWAL OF CLASS A PARKS AND LAKES: All applicants renewing their class A license shall apply to the department by May 1st of each year and must be received by the close of the business day.  Any renewal application received after May 1st will be assessed an administrative fee of $250.00 in addition to the normal application fee.  Any class A park or lake failing to send in or renew their application by June 1st will be deemed delinquent and revocation action may commence following 19.31.2 NMAC.

[19.35.9.13 NMAC - N, 9-28-01]

 

19.35.9.14             CLASS A PARK AND LAKE FACILITY DESIGN, INSPECTION AND RECORDS:

                A.            Park Enclosure: Each Class A Park facility shall, at a minimum, conform to all rules listed below and on the application:

                    (1)     No park shall exceed 3200 acres.  Any additional acres will result in another Class A park and will be considered as a separate park.  All conditions of application and renewal shall be adhered to.

                    (2)     Fence height shall be at least seven and one-half feet (7 ½’) from ground level to the top wire or fence top.  Fence shall be continuos from bottom to top, even if multiple layers must be used.

                    (3)     Fence wire must be a woven wire mesh, consisting of a top and bottom wire at least 12 gauge or its equivalent.  Mesh measures shall not exceed six inch by seven (6”X7”) openings.

                    (4)     Fence wire shall be taught enough to not allow bottom or top wire mesh to be pushed or maneuvered up or out of the way by force.  If this occurs wire must either be re-stretched or bolstered in some other permanent fashion.

                    (5)     Fence wire must be maintained securely 4 inches (4”) or less to the ground.  Any fencing that is found to be greater than 4 inches above the ground shall not constitute a proper fence and shall be aproned with permanent material.

                    (6)     All fences must be securely fastened to the posts.

                    (7)     Barbwire may be used on the bottom or top horizontal wires at the owner’s discretion.

                    (8)     Posts shall be metal “T” posts, pipe or wooden (at least three and one-half inches (3.5”) in diameter; and must be pressure treated with a preservative).

                    (9)     Posts shall be set firmly in the ground and not subject to dislodging.

                    (10)     Posts shall be spaced at intervals not to exceed 18 feet (18’) with T-posts or wood; or not to exceed 20 feet (20’) on metal pipe.

                    (11)     Parimeter gates shall be constructed to at least the same specification as fence; mesh and height with no more than 4 inches from ground to gate bottom.

                    (12)     All water gaps and arroyos shall be constructed to withstand normal flooding and maintain enclosure. 

                    (13)     All fence right-of-ways shall be cleared for a distance of seven and one-half feet (7 ½’) on each side of the fence and all dead timber with a height greater than the distance of the fence shall be felled.

                    (14)     Class A park fences shall be constantly maintained as described above, if found contrary, the owner or his designee shall immediately repair any substandard material or specifications.  It is the intent of this section that all fences shall be maintained  in a game-proof condition at all times and prevent the passing of the game held therein.

                    (15)     All working pens, corrals and holding pens used for processing or temporarily holding animals shall be located inside the park.

                    (16)     If the park fence is to border any other property (private or public) then a signed affidavit must be executed by the park owner to ensure correct placement of fence and verify ownership of property.

                B.            Park Design:

                    (1)     All feeding or baiting sources shall be at least 100 feet from any exterior fence, except holding pens or working facilities.

                    (2)     No placement of feed or bait shall be allowed until the park license has been completely issued and the gates to park closed.

                    (3)     Gates shall remain open until the final inspection and approval by a Department designee.

                C.            Lake Enclosure: Each Class A Lake facility shall conform to all rules listed below and on the application:

                    (1)     All bodies of water and channels connecting a series or group of lakes under one license shall be identified upon each application.

                    (2)     List and describe all screens and/or other appliances that prevent ingress and egress of fish into and out the bodies of water.

                    (3)     A map of the lake facility and surrounding watershed shall be provided by the applicant upon application.  

                D.            Facility Inspections of Parks and Lakes:  Once application is made to the Department, the proposed site shall  be subject to inspections by a department representative at any reasonable time.  Inspections shall also occur at least once per year, upon receipt of renewal of application to inspect the facility and fence integrity.  All inspections will be limited to the facility and the animals held therein.

                E.             Natural Disasters: Every owner or his designee shall immediately notify the Department of any natural disasters that threaten or compromise the integrity of the facility.  The owner or designee must make every effort to maintain animal(s) inside the facility.  It shall be unlawful for any owner or designee to intentionally release animals endangered by a natural disaster.  

                F.             Animal Escapes:  Every owner or his designee shall immediately notify the Department of any animal(s) that escapes from a park or lake.  It shall be reported when, where, how many and what kind and if possible, sex of escaped animals.  Any owner or designee shall immediately attempt to recapture escaped animals after the department has been notified and make every reasonable effort to capture escaped animals and return them to their facility.

                G.            Park and Lake Closure or Termination: Any park or lake failing to renew by May 1 or each license year will be considered as failing to properly renew and subject its license to revocation according to 19.31.2 NMAC if this should be necessary.  Any park, enclosure or lake maintained after May 1st without a license shall be considered in violation of 17-4-9 NMAC this section.  No animal shall be released into the wild, but held until certified with disease free status by that testing required by the director.  Nothing in this section shall prevent the owner from legally disposing of his property provided that the number of game animals or fish shall not be lessened by disposition from his or her initial application survey or information filed with the Department.  However disposition must occur immediately as required by all applicable laws.

                H.            Records:

                    (1)     Any animal disposed or sold from a park or lake must be accompanied by an invoice signed by the owner or his designee and state the following:

                              (a)     Park or Lake name and license number

                              (b)     Date of disposition or sale

                              (c)     Kind, number and sex of game animals included in disposition or sale, or if fish, the approximate weight and number. 

                    (2)     Each owner shall submit a year-end report to the director by May 1st and state the following:

total kind, number and sex of game animals disposed or sold, or if fish, the approximate weight and number for the previous license year.

                    (3)     Owners or his designee shall maintain all health records obtained or created of each animal handled, tested or treated by a certified veterinarian at least for 2 years after the animal has been disposed of.  These records shall also include all births, vaccinations (date and type), official lab results and final disposition including death, harvest, etc. 

                    (4)     Final disposition if known, shall be documented of every class a park or lake animal. 

                    (5)     All such records listed in this section shall be made available for immediate inspection upon request by the director.  Any owner or designee that knowingly provides inaccurate or false records will be deemed in violation of this section and subject to revocation proceeding’s pursuant to 19.31.2 NMAC

                I.              Existing parks:  Parks permitted prior to August 23, 2001 of this regulation will have five (5) years to bring their park into compliance with this regulation.  However, all possession conditions and health certification are mandatory and must begin immediately, even for existing Class A parks and lakes. 

[19.35.9.14 NMAC - N, 9-28-01]

 

19.35.9.15             DENIAL AND REVOCATION: Each Class A Park and Lake shall be subject to permit denial or revocation if found to be in violation of this rule or Chapter 17 NMSA 1978.  No park or lake application will be approved if fencing or other barrier materials where purchased and/or installed by the department until all costs associated the fencing have been reimbursed back to the department through the appropriate fund.

[19.35.9.15 NMAC - N, 9-28-01]

 

HISTORY OF 19.35.9 NMAC: [RESERVED]