N.M. Admin. Code § 19.30.8.7
Current through Register Vol. 35, No. 24, December 23, 2024
Section 19.30.8.7 - DEFINITIONSA."Accompanied" shall mean that the outfitter or their registered guide physically escorts the hunter-client in the field during the hunter-client's license hunt dates.B."Agent" shall mean a person who is legally authorized by employment or written contract to act on behalf of a private landowner to oversee the landowner's hunting operation on their deeded property.C."Conviction" shall mean any adjudication of guilt; plea of guilty or nolo contendere accepted by the court; or payment of a fine, court cost, court order, penalty assessment or forfeiture of collateral; regardless of whether sentencing or imposition of sentencing has been deferred or suspended.D."Department" shall mean the New Mexico department of game and fish.E."Director" shall mean the director of the department of game and fish.F."Guide" shall mean any person contracted, employed or accepting compensation for providing, within the unit where a hunt occurs, equipment or services for hunting activities; provided, however, that "guide" does not include a person who only cooks, cuts wood or performs other comparable or incidental duties not directly related to hunting activities.G."History of violation" shall mean any one conviction or multiple convictions from any law enforcement agency for violation(s) of hunting, fishing, trapping, outfitting or guiding rules or land-use regulations, including any conviction as an accessory, during the three-year period immediately preceding the application for registration, provided that the violation committed, if committed in New Mexico, would equal or exceed the 20-point equivalent.H."Hunter-client" shall mean an individual who contracts or utilizes the hunting services of a registered outfitter or is taken into the field by a person acting as an outfitter or guide regardless of their registration status.I."Landowner permit" shall be a license issued pursuant to a landowner authorization.J."License year" shall mean that period beginning April 1 and ending March 31 each year for the purposes of hunting or outfitter and guide registration.K."New Mexico outfitter" shall mean an outfitter that is qualified by the department in accordance with 19.30.8.9 NMAC to participate in the special drawing pool by utilizing their outfitter number as established by Section 17-3-16 NMSA 1978.L."Outfitter" shall mean any person who advertises or holds themselves out to the public for hire or is employed or accepts compensation for providing, within the unit where a hunt occurs, facilities, equipment or services for hunting activities; provided, however, that "outfitter" does not include a person who only cooks, cuts wood or performs other comparable or incidental duties not directly related to hunting activities. Any person who purchases landowner permits or private land licenses for a hunter-client or pays for access to a landowner's deeded property for a hunter-client in any way, shall be considered an outfitter.M."Registered outfitter" shall be an outfitter who has met all the requirements described herein and has been issued a current registration by the department.N."Special drawing pool" shall refer to the ten percent allocation of special draw licenses available to the public who have contracted with a qualified New Mexico outfitter to provide professional guide services.O."Supervision" shall mean that outfitters are required to ensure all guides employed or contracted by them are informed of all pertinent geographic hunt boundaries, any special restrictions which apply to their hunter-clients license and statutes and rules regarding lawful hunting, guiding and outfitting. Supervision also means that outfitters have provided all the guidance and oversight that a reasonable business person would provide to their employees.N.M. Admin. Code § 19.30.8.7
19.30.8.7 NMAC - Rp, 19.30.8.7 NMAC, 11/30/2011, Adopted by New Mexico Register, Volume XXVIII, Issue 23, December 12, 2017, eff. 1/1/2018