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State permit policies & procedures
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New Mexico
Website
New Mexico Game and Fish
http://www.wildlife.state.nm.us
Permits page
http://www.wildlife.state.nm.us/apps_permit/index.htm
Also available here
http://www.wildlife.state.nm.us/conservation/index.htm
ContactEliza Gilbert
Permits/Biological Information, Conservation Services Division
Technical Guidance Section
New Mexico Department of Game & Fish
P.O. Box 25112, Santa Fe, NM 87504
One Wildlife Way, Santa Fe, NM 87507
Phone: (505) 476-8130
Fax: (505) 476-8128
E-mail: eliza.gilbert_AT_state.nm.us
Permit required for banding
Yes, per regulation, below.
Permit application forms
- Application Form - Available here or from the agency website
- Renewal - same form
- Threatened and Endangered
- Salvage - same form
State lands
To be determined
Prior noticeTo be determined
Policies and ProceduresTITLE 19 NATURAL RESOURCES AND WILDLIFE
CHAPTER 36 WILDLIFE EDUCATION AND TRAINING
PART
2
TAKING AND POSSESSION OF PROTECTED WILDLIFE FOR SCIENTIFIC
AND EDUCATIONAL
PURPOSES
19.36.2.1
ISSUING AGENCY: Mexico Department of Game and Fish.
19.36.2.2
SCOPE: The department of game and fish and all persons who may be
involved in the taking of protected wildlife for scientific and
educational purposes.
19.36.2.3
AUTHORITY: Sections 17-2-37 through 17-2-46, NMSA 1978 provide
that the New Mexico state game commission has the authority to
establish rules and regulations that it may deem necessary to carry out
the purpose of Chapter 17 NMSA 1978 and all other acts pertaining to
protected species.
19.36.2.4 DURATION: Permanent.
19.36.2.5
EFFECTIVE DATE: January 31, 1996 [unless a later date is cited at
the end of a section]
19.36.2.6
OBJECTIVE: To provide information on the taking and possession of
protected wildlife for scientific and educational purposes.
19.36.2.7 DEFINITIONS:
A.
"Authorization" means the written outline of activities that a
person(s) is authorized to conduct under this regulation. Each
authorization shall include the name and address of the person(s) so
authorized, as well as the numbers, origins, and disposition of
protected wildlife that may be taken or possessed.
B.
"Designated cooperator" means any person(s) so designated by the
department of game and fish for the purpose of being exempted from
obtaining the permit otherwise required under this regulation.
C.
"Educational purposes" means the taking or possession of protected
wildlife for instructional, display, and/or other educational purposes.
D.
"Non-resident" means any person that is not defined as a resident under
Section 17-3-4, New Mexico Statutes Annotated 1978 Compilation.
E.
"Permit" means the permit issued under this regulation for a person(s)
to conduct activities as authorized by the department of game and fish.
F.
"Permittee" means any person authorized to conduct activities under
this regulation, whether by authorization or permit.
G.
"Protected wildlife" means the following taken under this regulation:
(1) All wild species of mammals, birds,
reptiles, amphibians and fishes and endangered mollusks and crustaceans
taken by any person that is a non-resident of New Mexico.
(2) The following wild species taken by any
person that is a resident of New Mexico: pikas, marmots, and
game, furbearing and endangered mammals; all birds (except rock doves,
European starlings, and house sparrows); horned lizards (if sacrificed,
retained and/or transported out-of-state) and endangered reptiles;
bullfrogs and endangered amphibians; game and endangered fishes; and
endangered mollusks and crustaceans.
H.
"Resident" means any person defined as such by Section 17-3-4, New
Mexico Statutes Annotated 1978 Compilation.
I.
"Scientific purposes" means the taking or possession of protected
wildlife for research, management and/or related purposes (e.g.,
captive, experimental and mark-and-release studies).
J.
"Taking" means the capture, sacrifice, salvage, retention, transport,
possession or the attempted capture, sacrifice, salvage, retention,
transport or possession of protected wildlife.
19.36.2.8 PERMIT REQUIREMENTS:
A. In
order to conduct activities authorized under this regulation, a person
must complete, sign, and submit an application (with any appropriate
attachments) to the department of game and fish. A fee must accompany
the application of any person requiring a permit to conduct such
activities (see Exemption 9, infra, for such exemptions) [now 19.36.2.9
NMAC].
B.
Based on the above application, the department of game and fish will
approve the activities to be conducted in the form of a written
authorization. Such authorization shall be required of all persons
wishing to conduct activities under this regulation, except as exempted
in Exemption 9 (infra) [now 19.36.2.9 NMAC].
C.
Based on the above authorizations, permits will be issued to allow
applicants to conduct authorized activities (each permit must have an
authorization attached). Persons not requiring permits are authorized
to conduct their activities solely on the bases of the authorizations
that are issued to them.
D. An
annual fee will be charged for each permit, the amount of which will
shall be set by regulation. This fee will be refunded to applicants in
those cases in which activities are not authorized or permit
requirements are waived by the department of game and fish.
E.
Authorizations and permits are issued to individuals rather than to
parties or organizations. However, a permittee may have subpermittees,
provided their names, qualifications and signatures are included in the
application. Individuals should be included as subpermittees only if
they take or possess protected wildlife when outside the immediate
oversight and supervision of the permittee.
F.
Authorizations/permits will be valid for up to three years and will be
based on a calendar year.
G.
Authorizations must be amended to reflect changes in activities,
including the addition of subpermittees, kinds and numbers of wildlife
and areas. Amendments must be requested in writing, as well as signed
by permittees and newly-added subpermittees.
H.
Authorizations/permits will be issued only to qualified applicants for
legitimate scientific and educational purposes. Such activities must be
carried out in a humane, judicious, sensitive and otherwise appropriate
manner, and failure to do so will be grounds for punitive or other
actions by the department of game and fish.
I.
Authorization/permits may be amended, suspended or revoked pursuant to
the statutes, regulations and policies of the department of game and
fish, provided that permittees will be notified in writing when such
actions are to be taken.
J.
Authorizations/permits are not transferable, and they shall be signed
as required and carried by permittees and subpermittees when authorized
activities are being conducted.
K.
Authorizations, permits, specimens and other relevant materials must be
shown by a permittee or their agents to any law enforcement officer or
other authorized persons upon request.
L.
By signing applications, year-end reports, and other documents,
permittees and their subpermittees affirm their understanding of and
intent to abide by the statutes, regulations and policies of the
department of game and fish regarding the taking of wildlife for
scientific and educational purposes. As a consequence, these documents
can be used in dealing with infractions committed by permittees or
subpermittees.
19.36.2.9 EXEMPTIONS:
A.
The following are exempted from applying for or having authorizations
and permits for conducting activities under this regulation:
(1) Employees of the department of game and
fish when such activities are part of their official duties.
(2) Persons that salvage or aid in salvaging
dead, injured or otherwise incapacitated wildlife for the department of
game and fish or others authorized for such possession, provided that
this exemption does not apply to game species. Salvaged wildlife should
be turned over to the department or other authorized recipients in a
timely and expedient manner.
B.
The following persons are exempted from obtaining permits for
activities under this regulation, provided such activities are included
in authorizations issued to them by the department of game and fish:
(1) Employees of federal and New Mexico state,
county and local agencies, provided the activities are part of official
duties.
(2) Contractors and designated cooperators of
the department of game and fish, provided the activities are part of
their contractual or cooperative duties.
19.36.2.10 RETENTION AND DISPOSAL OF SPECIMENS:
A.
Protected wildlife may be taken and possessed under this regulation
only for scientific or educational purposes as defined in Definitions 1
(supra), provided that specimens may be donated, exchanged or otherwise
processed in accordance with standard scientific and educational
practices.
B.
The retention of protected wildlife taken or possessed under this
regulation is authorized in perpetuity under the authorization/permit
under which originally taken, except as provided in 10.3 [now
Subsection C of 19.36.2.10 NMAC] (infra).
C.
The disposition of any progeny of wildlife taken or possessed under
this regulation shall be in accordance with written authorization from
the department of game and fish.
19.36.2.11 YEAR-END REPORTS:
A.
All permittees are required to file year-end reports on activities
conducted under this regulation.
B.
Each year-end report must be signed by the permittee and received by
the department of game and fish no later than 30 days after the
expiration of the license-year for which that permit was valid.
C. A
year-end report must be filed with and accepted by the department of
game and fish prior to the renewal or reissuance of any authorization
and/or permit.
19.36.2.12 INFRACTIONS:
A. In
order to promote adherence to provisions of this regulation, permittees
will be issued a point for each infraction of required procedures. When
points total three (3), a recommendation will be made to the state game
commission that the permittee's authorization and/or permit privileges
be denied or suspended for a period of one year. These violations are
as follows (each is scored one point):
(1) Late submission of a year-end report.
(2) Exceeding authorized take of specimens
providing the excess is 10 percent or less.
(3) Taking of authorized wildlife in an
unauthorized locality or manner.
(4) Committing the same infraction two years in
a row.
B.
Other infractions will be dealt with under regulations and policies of
the department of game and fish, which could lead to revocation of
permits, criminal and/or civil prosecution, or both.
TITLE 19 NATURAL RESOURCES AND WILDLIFE
CHAPTER 33 ENDANGERED AND PROTECTED SPECIES
PART
6
LIST OF THREATENED AND ENDANGERED SPECIES
B. BIRDS
(1) Endangered:
(a) brown pelican, Pelecanus occidentalis
(b) aplomado falcon, Falco femoralis
(c) white-tailed ptarmigan, Lagopus leucurus
(d) whooping crane, Grus americana
(e) least tern, Sterna antillarum
(f) common ground-dove, Columbina passerina
(g) buff-collared nightjar, Caprimulgus ridgway
(h) elegant trogon, Trogon elegans
(i) northern beardless-tyrannulet, Camptostoma
imberbe
(j) (southwestern) willow flycatcher, Empidonax
traillii extimus
(k) thick-billed kingbird, Tyrannus
crassirostris
(l) (Arizona) grasshopper sparrow, Ammodramus
savannarum ammolegus
(2) Threatened:
(a) neotropic cormorant, Phalacrocorax
brasilianus
(b) bald eagle, Haliaeetus leucocephalus
(c) common black-hawk, Buteogallus anthracinus
(d) peregrine falcon, Falco peregrinus
(e) (Gould’s) wild turkey, Meleagris gallopavo
mexicana
(f) piping plover, Charadrius melodus
(g) whiskered screech-owl, Megascops trichopsis
(h) boreal owl, Aegolius funereus
(i) broad-billed hummingbird, Cynanthus
latirostris
(j) white-eared hummingbird, Hylocharis leucotis
(k) violet-crowned hummingbird, Amazilia
violiceps
(l) lucifer hummingbird, Calothorax lucifer
(m) Costa’s hummingbird, Calypte costae
(n) Gila woodpecker, Melanerpes uropygialis
(o) Bell’s vireo, Vireo bellii
(p) gray vireo, vireo vicinior
(q) Abert’s towhee, Pipilo aberti
(r) Baird’s sparrow, Ammodramus bairdii
(s) yellow-eyed junco, Junco phaeonotus
(t) varied bunting, Passerina versicolor
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