N.M. Admin. Code § 19.30.2.7

Current through Register Vol. 35, No. 21, November 5, 2024

Section 19.30.2.7 - DEFINITIONS

A. Game animals: This regulation shall apply to only those wildlife species defined as protected under 17-2-3, 17-5-2, 17-2-13, 17-2-14 NMSA 1978 and any other wildlife species managed or regulated by the New Mexico state game commission and New Mexico department of game and fish.

B. "Depredation" is hereby defined as private property damage, including growing crops or harvested and stored crops, caused by game animals on privately owned or leasehold private land, such that the damage caused results in a measurable loss of value. This definition may apply to private property that occurs on other than private land, as reasonable and appropriate, as determined by the department.

C. "Threat to human life" shall mean that death or great bodily harm is likely to occur to a person due to the closeness, aggression or attack of a game animal or quadruped.

D. "Immediate threat to human life" shall mean that an attack is so imminent that nothing, short of destruction, can be done to avert the aggression.

E. "Immediate threat of damage to property or crops" shall mean that game animals exist in such numbers that there is no time for intervention by the department to avert substantial private property damage.

F. "Crops" shall mean any cultivated field or forage, whether sown or natural, which is used chiefly for livestock in that the landowner harvests the product to feed livestock or commercially sell it; or any other feed or commercially sold product that may be stored on properties for future shipping or marketing or any other crop grown to provide human subsistence.

G. "Attractive nuisance" shall mean any crop or other material placed on a landowner's property to intentionally draw in protected wildlife.

H. "Landowner" is any person who personally owns private property legally recognized by the state of New Mexico.

I. "Lessee" is any person who leases private property from another in order to grow crops or produce livestock.

J. "Employee" is any person who is paid by a landowner or lessee for providing services to the landowner or lessee and that the service is related to the depredation.

K. "Take" shall mean to trap, ensnare, or intentionally prevent the natural movement of a game animal or quadruped.

L. "Leasehold interest" shall mean any person who leases or rents private agricultural property, whether or not that person is responsible for the crop or livestock.

M. "Quadruped" shall mean any furbearing animal, as defined in 17-5-2 NMSA 1978, for which the department has jurisdiction (muskrat, mink, nutria, otter, weasel, beaver, masked or black-footed ferret, ringtail cat, raccoon, pine marten, coatimundi, badger, bobcat, and all foxes).

N. "Good cause" as used herein shall mean either or both of the following.

(1) The landowner can document that the intervention offered would cause physical damage to persons or property.

(2) The landowner can document that the intervention offered will not result in a substantial lessening of the depredation it is intended to affect.

(3) In either instance the claim of good cause by the landowner must be made in good faith and supported with facts sufficient reasonably to meet either or both of the above criteria and provided to the department in written form within ten (10) days following the proposed interventions being communicated to the landowner or lessee.

O. "Negligence" shall mean the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation.

P. "Big game depredation damage stamp" shall mean a stamp, check off or other official mark purchased with each big game hunting license as required by 17-3-13.3 and 17-3-13.4 NMSA 1978.

N.M. Admin. Code § 19.30.2.7

9-1-89, 9-15-97; 19.30.2.7 NMAC - Rn & A, 19 NMAC 30.2.7, 7-16-01; A, 12-28-01; A, 12-31-08