Current through Register Vol. 35, No. 18, September 24, 2024
Each conviction or penalty assessment for a violation of
Chapter 17 NMSA 1978, Section
30-14-1 NMSA
1978 or commission rule will result in the assessment of points. Any person
with 20 or more points accumulated within any consecutive three-year period
shall have all of his or her privileges subject to revocation or suspension.
The tolling of time for the three consecutive years shall begin from the date
of conviction or the date a penalty assessment was accepted.
A.
40-point criminal violations:
(1) hunting with the aid of an artificial
light or spotlight, in violation of Section
17-2-31
NMSA 1978;
(2) felony waste of game
in violation of Section
17-2-8
NMSA 1978;
(3) selling, offering
for sale, offering to purchase or purchasing any game animal, game bird or game
fish or parts thereof in violation of Section
17-2-7
NMSA 1978;
(4) any violation of
Section
17-3-45
NMSA 1978 related to shooting from an aircraft involving any game animal, game
bird or any state listed threatened or endangered animal;
(5) applying for or receiving an outfitter or
guide registration while revoked;
(6) any violation of Section
17-3-48
NMSA 1978;
(7) any violation of
Section
17-3-49
NMSA 1978;
(8) except as otherwise
provided by Sections
17-2-37 to
17-2-46,
taking, possessing, transporting, exporting, processing, selling or offering
for sale, or shipping any species or subspecies of wildlife listed on the state
list of endangered or threatened species or the United States' list of
endangered native and foreign fish and wildlife;
(9) knowingly or willfully introducing an
aquatic invasive species, in violation of Section
17-4-35
NMSA 1978; or
(10) accessory to any
of the above violations.
B.
20-point criminal violations:
(1) illegally taking, attempting to take,
killing, capturing or possessing any big game species outside of hunting season
in violation of Section
17-2-7
or
17-3-33
NMSA 1978, except for possession of head, antlers or horns found in the field
penalty assessment violations;
(2)
hunting big game without a license in violation of Section
17-3-1
NMSA 1978;
(3) misdemeanor waste of
game in violation of Section
17-2-8
NMSA 1978;
(4) hunting on public
land (lands owned by the U.S. government, state of New Mexico, state land
office or New Mexico game commission) with a license which was valid only on
private land;
(5) hunting in a
closed area or hunting big game outside the ranch boundaries for which a ranch
only license is issued or hunting big game in the wrong game management
unit;
(6) any violation of Section
17-3-45
NMSA 1978 related to shooting from an aircraft involving species other than
game animals, game birds or state listed threatened or endangered
animals;
(7) exceeding the bag
limit of big game;
(8) criminal
trespass, in violation of Section
30-14-1 NMSA
1978, when in connection with hunting, fishing or trapping activity; revocation
to be for no less than three years;
(9) any violation of Section
17-3-6
NMSA 1978;
(10) any violation of
Section
17-2-7.1
NMSA 1978 relating to interference with hunting, fishing or trapping;
(11) any violation of Section
17-2-29
NMSA 1978; revocation for a period of one year as prescribed by Section
17-2-30
NMSA 1978;
(12) outfitter allowing
or using an unregistered person to perform outfitting or guiding
services;
(13) guiding or
outfitting without being registered in violation of Section
17-2A-3
NMSA 1978;
(14) using an outfitter
or guide license issued to another;
(15) hunting with a license obtained through
the special drawing pool without being contracted with a New Mexico
outfitter;
(16) any violation of
the provisions of any special use of wildlife permit issued by the department
pursuant to Chapter 17 NMSA 1978 and its implementing rules;
(17) procurement, possession or use of any
additional big game or turkey license or tag, except as provided by
rule;
(18) any violation of Section
17-2-4.2
NMSA 1978;
(19) selling or offering
for sale any license issued to a person.
(20) importation or possession of any species
listed as group II, III or IV on the director's "species importation list" in
violation of Section
17-3-32
NMSA 1978 or 19.31.10 NMAC;
(21)
any person who obtains any license, permit or stamp by falsely claiming a
military discount; or
(22)
accessory to any of the above violations.
C.
10-point criminal violations:
(1) illegally taking, attempting to take,
killing, capturing or possession of any big game species during hunting
season;
(2) illegally taking,
attempting to take, killing, capturing or possessing any turkey or small game
in violation of Section
17-2-7
or
17-3-33
NMSA 1978;
(3) hunting, taking or
attempting to take any protected game animal, game bird, game fish or furbearer
on private land without written permission, in violation of 19.31.10
NMAC;
(4) harassing a game
animal;
(5) use of an aircraft or
drone to locate, harass, drive or rally a game animal;
(6) fail to properly tag big game species or
turkey as prescribed;
(7) using an
invalid or voided tag or using a tag of any other person;
(8) fishing without a license or hunting
small game or turkey without a license;
(9) exceeding the bag limit of small game or
turkey;
(10) retention of live game
animal or game bird;
(11) refusing
or failing to produce an outfitter contract or not having a signed contract
prior to hunting;
(12) applying or
allowing someone to apply in the special drawing pool without a
contract;
(13) hunting or
collecting non-game without a license or permit;
(14) applying or aiding any person in
applying in the special drawing pool with an unregistered or unqualified
outfitter number;
(15) hunting with
a license obtained through the special drawing pool without being accompanied
by a New Mexico outfitter or their guide; or
(16) accessory to any of the above
violations.
D.
five-point criminal violations:
(1) illegal possession of any head, horns or
antlers of a game animal found in the field; or
(2) any provision of Chapter 17 NMSA 1978 and
its implementing rules not specifically listed herein.
E.
three-point criminal
violations:
(1) hunting, fishing or
trapping without proper stamp(s); or
(2) using any department issued permit
without possessing the proper stamp(s).