N.M. Admin. Code § 19.30.5.9

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.30.5.9 - PARTICIPATION REQUIREMENTS AND AUTHORIZATION DISTRIBUTION IN THE SPECIAL MANAGEMENT ZONE

A. Minimum requirements:

(1) Private lands that lie within the special management zone.

(2) Private lands must provide demonstrated occasional elk use to be eligible.

(3) Only landowners and ARCs who agree in writing to accept elk on their property will be considered for participation in EPLUS.

(4) Landowner and ARC must agree that participation is voluntary. Number of authorizations may vary annually and are based on elk management objectives found in 19.31.14 NMAC. There is no guarantee of a specific number of authorizations issued each year.

(5) Any property which is part of a subdivision, village or town that does not allow hunting or restricts the discharge of all sporting arm types will be disqualified from participation in EPLUS. All other properties within a subdivision, village or town will be considered on a case-by-case basis.

B. Enrollment and initial application:

(1) Landowners who wish to participate in EPLUS must submit a completed application provided by the department. Applications must include all required documentation as determined by the department and name a single ARC. Only the property owner(s) listed on the recorded deed(s) may submit an initial EPLUS application and assign an ARC. If there are multiple owners listed on the property deed(s), all co-owners must sign an affidavit authorizing one of the owners to be responsible for the initial application.

(2) The application must include the most recent recorded property ownership records including property legal descriptions and maps or surveys sufficient to establish the legal landowner(s) and property boundaries.

(3) Applications may be submitted at any time.

(4) Applications will be reviewed by appropriate department staff so a determination can be made as to the application satisfying the requirements set forth in Subsection A of 19.30.5.9 NMAC. Applications received without all required documentation shall be rejected. Rejected applications may be corrected and resubmitted.

C. Participating ranches:

(1) All ARCs for participating ranches will receive an agreement annually.

(2) The annual agreement will list the name, address and phone number of the ARC and the number of deeded acres considered. It will provide the opportunity to request a review of the listed acreage. The agreement will set out the terms for participation. The annual agreement will require the ARC to notify the department of any changes affecting the ranch's enrollment or participation eligibility. The annual agreement must be signed and initialed by the ARC where designated and returned to the department each year. Failure to return the agreement will result in the agreement not being activated for the current license year.

(3) Any ranch for which rightful ownership or legal representation cannot be determined shall be placed in review until such time as rightful ownership or legal representation is verified. If after one year, adequate documentation of ownership is not provided the ranch will be inactivated.

(4) Ranches that are sold or transferred to new ownership must apply as required for initial participation.

(5) Any landowner who requests interventions to eliminate the presence of elk on their participating acreage in accordance with 19.30.2 NMAC shall be placed in review. Should the landowner enter into a depredation agreement with the department, the acreage where depredation response actions are to occur will be inactivated from EPLUS. Exceptions to this may be considered by appropriate department staff on a case-by-case basis.

(6) Should any landowner or ARC take action pursuant to Section 17-2-7.2 NMSA 1978 the ranch upon which the action occurred shall immediately be inactivated from EPLUS for a period of three years and all unconverted authorizations may be voided.

(7) All participating ranches will be subject to the requirements found in this section on an annual basis. Any change affecting a ranches qualifications for this program will result in that ranch being re-evaluated to determine if the ranch meets the minimum requirements.

D. Determination of authorizations:

(1) Authorizations within the special management zone will be determined on a ranch-by-ranch basis and negotiated between the department and the ARC.

(2) Bag limits, sporting arm type, and season dates will follow the provisions found in 19.31.14 NMAC in the special management zone. Season dates requested outside those found in 19.31.14 NMAC shall be considered on a ranch-by-ranch basis and not conflict with department management goals.

(3) All authorizations shall be ranch-only and transferrable to other private lands within the specified GMU with written landowner permission. Written permission requirements for access on private property will follow the provisions found in 19.31.10 NMAC.

E. Inactivation:

(1) A landowner or ARC, along with the ranch shall be inactivated for:

(a) providing or permitting misrepresentation of the ranch's participating deeded acreage, ranch ownership or designated ARC; or

(b) the landowner or ARC violating Chapter 17 NMSA 1978 or state game commission rules involving licenses converted with the ranch's authorization(s), or being an accessory to the same, regardless of whether the violation occurred on or off the ranch, resulting in a violation(s) that accumulates 20 or more revocation points pursuant to 19.31.2 NMAC on any single individual.

(2) A landowner or ARC, along with the ranch may be inactivated for breaching or violating any other condition of the EPLUS agreement.

(3) Upon determination that a violation or breach of Paragraph 1 or Paragraph 2 of this Subsection or any other inactivation provision in 19.30.5.9 NMAC has occurred, the landowner and ARC shall be notified explaining the determination for the inactivation.

(4) Should the landowner or ARC have multiple properties in EPLUS, all properties may be inactivated from EPLUS and disqualified from participation in department sponsored programs.

(5) If a ranch is signed up in a co-op, inactivation action(s) may be taken against the co-op in its entirety or individual properties participating that form the co-op and will be considered on a case-by-case basis.

(6) If the inactivated ranch(s) changes ownership during the disqualification period, the department may consider the ranch for future participation.

(7) Inactivation from EPLUS and disqualification from department sponsored programs may be for a period up to three years.

(8) The landowner may request a review that shall be held in accordance with the processes set forth in 19.30.5.12 NMAC. The standard of proof in cases where no conviction is involved shall be the preponderance of the evidence. If a conviction has been rendered, a certified copy or a filed copy of the conviction from any court of competent jurisdiction shall be conclusive evidence of a violation.

N.M. Admin. Code § 19.30.5.9

19.30.5.9 NMAC - N, 10-17-2005; A, 2-13-2009, Adopted by New Mexico Register, Volume XXIX, Issue 24, December 27, 2018, eff. 4/1/2019