N.M. Admin. Code § 19.30.8.8

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

Section 19.30.8.8 - GENERAL REGISTRATION PROCEDURES AND REQUIREMENTS

In addition to the requirements set in Sections 17-2A-1, 17-2A-3 and 17-3-16 NMSA 1978 the following requirements apply;

A. Application form: Applications to guide and outfit as defined in Section 17-2A-3 NMSA 1978 and 19.30.8 NMAC shall be made on forms provided by the department as prescribed by the director.

B. Application deadlines: An outfitter or guide may register at any time by completing and submitting the proper application form and fee. No one shall be a registered outfitter or guide until they successfully complete all requirements and are issued a valid registration by the department. Exception:

(1) Deadline date to qualify as a New Mexico outfitter for special drawing pool: All New Mexico outfitter applicants must apply by February 15 to be eligible to participate in the special drawing pool of resident/nonresident hunter applicants for the next hunting season.

(2) New Mexico outfitter late fee: All New Mexico outfitter applications received after February 15 but before the close of business on March 15 will be subject to an administrative fee of $100 in addition to the normal application fees.

(3) New Mexico outfitter ineligibility: An applicant for a New Mexico outfitter that fails to successfully complete the department's process by close of business on March 15 will be ineligible to have a hunter-client use their registration number for the special drawing pool established in Section 17-3-16 NMSA 1978.

C. All outfitter and guide applicants shall have successfully completed a certified hunter education course from the state of New Mexico or other similar qualifying hunter education course acceptable to the department prior to making application.

D. Outfitter and guide applicants cannot have a history of violation.

E. No person shall be allowed to register or work as a registered hunting guide or outfitter in New Mexico:

(1) if the person has had a guide or outfitter license, registration, permit or certificate revoked in another state;

(2) if the person has had a guide or outfitter license, registration, permit or certificate suspended in another state and it has not been reinstated;

(3) if the person has been convicted of a felony, no matter when the felony was committed;

(4) An outfitter or guide's registration shall be immediately invalid when any of Paragraph 1 thru 3 of Subsection E of 19.30.8.8 NMAC apply. The outfitter or guide registration may be reinstated if the conviction, revocation or suspension is reversed during the year in which they were originally registered.

F. Outfitter and guide applicants, including renewing applicants, shall not have had their guide or outfitter's license, permit authorization or registration revoked or denied for cause by any controlling government land management agency. The applicant shall not be registered by the state during the term of the revocation or pendency of the denial.

G. Examinations for guiding and outfitting:

(1) Exams will be conducted during posted testing periods at department offices or by appointment, at any location approved by the guide and outfitter registrar.

(2) An applicant shall only be allowed to take the examination once per day.

(3) Applicant must successfully pass a department approved examination with a minimum passing grade of seventy percent.

(4) If an applicant fails to renew their registration for two or more years, all registration requirements must be completed, including successfully passing a department approved exam prior to being registered.

H. Applicants for a guide's registration shall be at least 18 years of age and meet all the qualifications for guides set forth in 19.30.8 NMAC and in Section 17-2A-3 NMSA 1978.

I. Additional outfitter registration requirements:

(1) Applicants for an outfitter registration shall be at least 21 years of age and meet all the qualifications for outfitters set forth in 19.30.8 NMAC, Sections 17-2A-3 and 17-3-16 NMSA 1978.

(2) Applicants for an outfitter registration must have operated as a New Mexico registered guide for three years. Applicant must submit evidence, as approved by and to the satisfaction of the department, of three years of actual guiding experience and substantial knowledge of guiding in New Mexico for a register outfitter. The evidence must be submitted with the application and may consist of federal land use permits, business or employment records from the registered outfitter and a letter from said registered outfitter attesting to the applicants guiding experience.

(3) Applicant shall register with the taxation and revenue department and provide proof of registration and compliance to the department.

J. Each guide or outfitter shall carry proof of registration in the field and provide such proof upon request.

K. Registration exemption: A landowner or their agent who is guiding or outfitting on the landowner's deeded property or pursuant to a landowner permit is exempt from the department's registration process. Nothing in this exemption shall prevent a landowner or their agent from registering, if they choose. Agents may not act independently from the landowner. A landowner or their agent must be in compliance with the registration requirements of any pertinent government land management agency when involved with commercial activities on lands controlled or administered by a government land management agency.

L. All outfitter and guide applicants, including renewing applicants, shall submit to the department any additional documentation requested by the department.

N.M. Admin. Code § 19.30.8.8

19.30.8.8 NMAC - Rp, 19.30.8.8 NMAC, 11/30/2011, Adopted by New Mexico Register, Volume XXVIII, Issue 23, December 12, 2017, eff. 1/1/2018