Current through Register Vol. 35, No. 18, September 24, 2024
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 eight feet (8') from ground level to the top wire or fence top for all
new class A parks and for all parks participating in the state herd
certification program. Fence shall be continuous from bottom to top, even if
multiple layers must be used. Current class A parks with seven and one half
foot (7.5') fences will not have to meet this requirement unless they apply for
certification;
(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 inch (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
four inches (4") or less to the ground. Any fencing that is found to be greater
than four inches (4") 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) barbed wire 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) perimeter gates shall be constructed to
at least the same specification as fence; mesh and height with no more than
four inches (4") 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 eight feet (8') on each side of the fence and all dead timber
with a height greater than the distance to the fence shall be felled;
(14) class A park fences shall be constantly
maintained as described above, if found out of compliance, 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; and
(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; and
(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 or other appliances that prevent ingress and egress of
fish into and out the bodies of water; and
(3) a map of the lake facility and
surrounding watershed shall be provided by the applicant upon
application.
D.
Aquaculture/ recirculating water systems rearing fish capable of reproduction
operated by a qualified expert:
(1) shall
provide the department with a comprehensive biosecurity plan detailing
preventative actions for disease, safety, escape and expected final disposition
of fish. Permit issuance will not be considered until the biosecurity plan is
complete and approved by the department;
(2) shall submit an annual report with
detailed records regarding the operations, preventative measures utilized to
maintain healthy fish and any biosecurity plan modifications or
updates;
(3) shall be designed and
operated to have no effluent discharge or potential to discharge effluent into
any waters in New Mexico;
(4) shall
be covered to prevent loss of fish through predation, theft, or other
means;
(5) No fish shall be removed
from the facility alive unless it is being exported outside of New Mexico
according to lawful procedures or is moving within the state according to
lawful procedures and cannot reproduce; and
(6) shall annually certify compliance with
all other applicable state, municipal, federal, or other required
permits.
E. All other
aquaculture/ recirculating systems:
(1) shall
be designed and operated to have no effluent discharge or potential to
discharge effluent into any waters in New Mexico;
(2) shall be covered to prevent loss of fish
through predation, theft, or other means;
(3) shall maintain detailed records and
submit annual reports regarding the operations;
(4) shall annually certify compliance with
all other applicable state, municipal, federal, or other required permits;
and
(5) live fish shall not be
removed from the aquaculture/recirculating system unless they are being
transferred to another department permitted individual within the permit
provisions.
F.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.
G. 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.
H. Animal escapes: every owner or his
designee shall immediately notify the department of any escapes from a park or
lake. Species and all identification data shall be reported with time,
location, number or quantity, and sex of escaped animals. Owner or designee
shall immediately attempt to recapture escaped animals and make every
reasonable effort to return the animals to their facility.
I. Park and lake closure or termination: any
park or lake failing to renew by May 1 of 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 1 without a license shall be considered in violation of
17-4-9
NMSA 1978. 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 fled with
the department. However disposition must occur immediately as required by all
applicable laws.
J. 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, and;
(c)
species, quantity, sex and identification data 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 1 and state the following: species,
quantity, sex, and identification data of game animals disposed, sold, or
removed in any way; or, if fish, the approximate weight and number for the
previous license year;
(3) owner or
designee shall maintain all inventory and health records obtained or created
for each animal as designated in
19.35.9.9
NMAC herein;
(4) final disposition,
if known, shall be documented of every class A park or lake animal;
and
(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
proceedings pursuant to 19.31.2 NMAC.
K. Existing parks: parks and lakes permitted
prior to January 1, 2014 of this regulation will have five (5) years to bring
their facility into compliance with this regulation. However, all possession
conditions and health certification requirements are mandatory and must begin
immediately, even for existing class A parks and lakes.
