N.M. Admin. Code § 19.30.2.8

Current through Register Vol. 35, No. 20, October 22, 2024

Section 19.30.2.8 - TECHNIQUES/INTERVENTION

A. Reporting: A landowner, lessee, or employee, upon recognizing depredation, shall contact the department of game and fish by toll-free phone number available twenty-four (24) hours a day, seven (7) days a week.

(1) Upon being notified by a landowner, lessee, or employee of a wildlife complaint, the appropriate department staff will contact the landowner, lessee, or employee as soon as is reasonably possible. Department staff will arrange an inspection of the property as promptly as possible, and as agreed to by the landowner, lessee, or employee.

(2) Upon completion of inspection and provided the inspection resulted in confirmation of depredation as defined pursuant to this regulation, the department will, within ten (10) days, offer a minimum of three (3) formal interventions, if practical, that are reasonable and effective, for preventing, resolving or correcting the wildlife caused damage.

(3) Within ten (10) days following receipt of interventions, the landowner, lessee, or employee shall notify the department, in writing or on an approved form, of acceptance or rejection of each intervention offered.

(4) The department will initiate interventions accepted by the landowner, lessee, within five (5) days of receipt of acceptance, or such later time as reasonable based on the intervention accepted.

(5) If the landowner, lessee, or employee rejects all interventions offered by the department, the landowner, lessee, or employee must submit written grounds for good cause for rejection. The department shall take no further action until justifications for rejection have been met pursuant to this regulation and been approved by the director. If the grounds for good cause are approved the landowner may continue working with the department to develop alternative interventions or take action pursuant to 17-2-7.2 B.

B. Exceptions:

(1) In the case of an immediate threat to human life, or an immediate threat of damage to private property, including crops, by a game animal or other quadruped, game bird, or fowl, a landowner or lessee, or employee of either, may take or kill the game animal, quadruped, game bird or fowl, and must report such killing to the department's toll free phone number within 24 hours. If the taking or killing is not reported within two (2) hours, the landowner or lessee, or employee of either shall field dress the carcass so as to salvage any edible portions and preserve them for disposal by the department in accordance with the law, which may include sale to the highest bidder. In no case shall the landowner or lessee, or employee of either refuse or prevent the department motorized vehicle access to any carcasses taken pursuant to this rule and the department shall not be responsible for removal of any carcass, or parts thereof, if it is determined by the department to be un-fit for human consumption. If game animals are killed pursuant to this Paragraph, the department shall publish at least quarterly, a notice of the incidents. The notice shall describe each incident, the county of the occurrence, landowner, lessee, or employee of either involved, and the number of game animals, quadrapeds, game birds, or fowl taken.

(2) In the case of threat of damage to property or crops, that is not immediate, a landowner may take any non-lethal action to discourage the protected animal or quadruped, and continue such action until the agreed upon intervention method begins. If the department does not resolve the threat within one year, and the property depredation meets the conditions set forth in 17-2-7.2 B (6) NMSA 1978, the landowner, lessee, or employee may take action as prescribed in 17-2-7.2 B (7) NMSA 1978 by taking or killing the offending animals. All reporting, field dressing, and department access requirements identified above shall apply. Nothing in this provision shall be interpreted to limit any protections afforded by the constitution.

(3) Nothing shall prevent the department from taking action to discourage the offending animals during the pendency of the written intervention agreement.

(4) Nothing shall prevent a landowner, lessee, or employee from continuing to work with the department after one year, thereby preventing the destruction of the animals, if agreed by the parties.

(5) Nothing in this regulation shall authorize taking or harassing any animals contrary to the federal Endangered Species Act or Migratory Bird Treaty Act or contrary to any other federal or state law.

(6) Conflicts of interest: to avoid conflict of interest or the harvesting of wildlife for personal gain, the landowner, lessee, employee, all family members and any person involved in the killing of the offending animal are not allowed to take possession or bid on the animals killed.

C. Interventions: Intervention methods offered by the department shall be designed to achieve fiscally responsible, reasonable, effective, and, if practical, long-term solutions to depredation on private lands and shall be incorporated into the written agreements pursuant to this regulation.

D. Causing a nuisance game animal problem: It shall be unlawful for any person, by their action or lack of action, whether intentionally or through negligence, to cause a nuisance game animal or depredation problem by baiting, feeding, or otherwise enticing game animals to an area, and such persons, if convicted, may be punished under 17-2-10 NMSA 1978. The department shall not be required to offer or provide interventions to depredation complaints caused by landowner, lessee, or employee of either violating this prohibition.

N.M. Admin. Code § 19.30.2.8

9-1-89, 9-15-97; 19.30.2.8 NMAC - Rn, 19 NMAC 30.2.8, 7-16-01; A, 07-31-02; A, 12-31-08