N.M. Admin. Code § 19.30.8.12

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

Section 19.30.8.12 - CONTRACTS

A. A New Mexico outfitter shall execute a written contract with each special drawing pool applicant. The contract must be signed and dated by all parties prior to application for any special drawing pool license. New Mexico outfitters who execute a multi-year application contract shall be required to sign an updated contract with the hunter-client every three years from the initial signature date.

B. All outfitters shall execute a written contract with each hunter-client. The contract must be signed and dated by all parties before the hunt begins and shall designate the terms, guide to hunter-client ratio, hunt dates, compensation charged and services to be provided.

C. All outfitters shall have a copy of the contract available for inspection by the department in the field during the hunt or they must submit an electronic copy of the contract to the department's guide and outfitter registrar at least 48 hours prior to the scheduled hunt. A hunter-client who obtains a license through the special drawing pool, and chooses to hunt beyond their contracted hunt dates must carry a copy of the contract while hunting if it had not been submitted electronically to the registrar at least 48 hours prior to the scheduled hunt.

D. All contracts shall be retained by the outfitter for three years from the latest date signed by each party.

E. All outfitters shall provide any contract to the department upon request.

F. A New Mexico outfitter shall ensure that each hunter-client who obtains a license through the special drawing pool is accompanied by the outfitter or their registered guide for at least two days during the contracted dates of the hunt in the area where the hunter-client's license is valid. An outfitter or guide cannot contract with themselves to apply in the special drawing pool. An outfitter or guide who obtains a license through the special drawing pool is not allowed to guide themselves during their hunt.

G. A New Mexico outfitter may release a contracted hunter-client to another New Mexico outfitter provided that the original contract was valid, in place prior to the application deadline and only if it is mutually agreed upon by all parties. The release shall be in writing and shall be signed by all parties. A hunter-client must enter into a new contract with a New Mexico outfitter prior to hunting. Hunter-client licenses obtained through the special drawing pool are not valid unless the hunter-client is accompanied by a New Mexico outfitter or their registered guide.

H. All outfitters shall provide at least one registered guide or outfitter in the field for every four or fewer hunter-clients who are contracted for guided hunting services with the outfitter.

N.M. Admin. Code § 19.30.8.12

19.30.8.12 NMAC - Rp, 19.30.8.11 NMAC, 11/30/2011, Adopted by New Mexico Register, Volume XXVIII, Issue 23, December 12, 2017, eff. 1/1/2018