New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 35 - CAPTIVE WILDLIFE USES
Part 6 - AUTHORIZED USES OF WILDLIFE FOR EDUCATION, LAW ENFORCEMENT, RESEARCH AND SCIENTIFIC PURPOSES
Section 19.35.6.10 - PERMIT PROVISIONS
Universal Citation: 19 NM Admin Code 19.35.6.10
Current through Register Vol. 35, No. 24, December 23, 2024
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.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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