N.M. Admin. Code § 19.35.6.10

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.35.6.10 - PERMIT PROVISIONS

A. General permit provisions:

(1) All protected wildlife, their offspring, and any parts held under the authority of a permit shall remain property of the state of New Mexico. The director shall have the authority to require that any permitted wildlife be returned to the department or to direct the disposition of such wildlife.

(2) A permit issued pursuant to this rule does not authorize propagation of wildlife unless specifically allowed in writing by the director.

(3) Protected wildlife held under the authority of a permit may not be sold, bartered, or exchanged unless specially allowed in writing by the director.

(4) Protected wildlife may not be disposed of, released as prescribed by permit provisions, or transferred to another permittee, unless specially allowed in writing by the director.

(5) Protected wildlife may not be imported from another state or another country without first obtaining an importation permit from the department.

(6) The director may apply specific provisions on individual permits to carry out the intent of this rule and applicable statutes.

(7) A copy of a valid permit must be in the possession of permittees and sub-permittees at all times when conducting permitted activities and must be available upon request by department officials.

(8) A permit holder shall carry out all educational activities in a humane manner.

B. Amendment and renewal requirements:

(1) Amendments to permits must be requested in writing, include justification, and be signed by permittee and any proposed additional sub-permittees;

(2) Payment of a fee approved by the director shall be required for each permit amendment.

(3) Annual reports must be filed and received by the department prior to renewal or reissuance of any permit.

(4) Permits must be amended prior to any changes in activities, including the addition of sub-permittees, type and numbers of wildlife to be collected, and collection locations and time frames.

C. Education permit requirements:

(1) Only a permit holder shall be permitted to possess wildlife specimens and no sharing of permitted wildlife shall be allowed between other permit holders.

(2) A permit holder must conduct a minimum of 12 educational programs per year or have the permitted animals available on static display to the public a minimum of 100 days per year.

(3) A permit holder shall carry out all educational activities in a manner which will benefit the species represented and wildlife in general.

(4) A permit holder shall not allow public contact with permitted wildlife. Applicants may request a waiver to this restriction. Waiver requests must be submitted to the department in writing and include justification for the request, and a signed waiver of liability and indemnification shall be required from the permit holder.

(5) All protected wildlife displayed must be controlled at all times and be presented in a professional manner.

(6) The loss or escape of any permitted wildlife shall be reported to the department within five business days.

(7) Health records shall be maintained at the housing facility approved for the permitted wildlife.

D. Scientific permit provisions:

(1) Specimens may not be donated, sold, exchanged, or otherwise processed except as allowed by permit provisions and in accordance with municipal, state or federal law.

(2) The disposition of progeny of wildlife taken or possessed shall be defined by permit provisions.

N.M. Admin. Code § 19.35.6.10

19.35.6.10 NMAC - Rp, 19 NMAC 35.6.12 & 19 NMAC 36.2.8 & 10, 12/30/2013