N.M. Admin. Code § 19.31.10.9

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

Section 19.31.10.9 - POSSESSION OR SALE OF PROTECTED SPECIES

It is unlawful to possess, sell or offer for sale all or part of any protected species except as provided below:

A.License or permit: A person may possess protected species or parts thereof that they have lawfully taken under a license or permit, in any jurisdiction, or for which they possess a valid possession certificate, permit or invoice from the department or department permitted facility.

B.Game taken by another "Possession certificate": It is unlawful for any person to possess any protected species, or parts thereof, taken by another person except as follows: Any person may have in their possession or under their control any protected species or parts thereof that have been lawfully taken by another person, if they possess a possession certificate which shall be provided by the lawful possessor of the protected species, or parts thereof, to the person receiving the animal or parts and which shall contain the following:

(1) the first and last name of the person receiving the protected species or parts;

(2) the kind and number of game or furbearer parts donated or provided to a taxidermist, meat processor or any other similar business;

(3) the date and GMU where the game or furbearer was lawfully taken;

(4) the lawful possessor's name, phone number, address, and the hunting, fishing or trapping license number, or the permit, certificate or invoice number under which the protected species was lawfully taken;

(5) the date and place of the donation or transaction;

(6) the reason the lawful possessor transferred the animal or parts to the receiver (ie. donation, transportation, taxidermy, meat processing etc). Any possession certificate which only authorizes temporary possession (ie. taxidermist or meat processor) shall have a date of estimated return to the original lawful possessor; and

(7) the signature of both the person receiving and the person transferring the animal or parts.

C.Retention of live animals: It is unlawful to retain protected species in a live condition except under permit or license issued by the director. It is unlawful to sell, attempt to sell or possess live protected species in New Mexico, including captive raised animals, except as allowed by permit issued by the director or while in transit through New Mexico when the transporter can demonstrate proof of legal possession of the protected animal being transported.

D.Sale of protected species parts: Only skins, heads, antlers, horns, rendered fat, teeth or claws of legally taken or possessed protected species, all parts of furbearers, and feathers from non-migratory game birds may be bartered or sold (internal organs of big game species may not be sold). The disposer must supply to the recipient a written statement which shall contain the following:

(1) the first and last name of the person receiving the protected species or parts;

(2) description of the parts involved;

(3) the date and GMU where the game was taken;

(4) the disposer's name, phone number, address, and the number of either the hunting license, permit, certificate or invoice under which the game was taken;

(5) the date and place of the transaction or sale; and

(6) the signature of both the person selling and the person purchasing the parts.

E. It is unlawful to possess heads, horns, antlers, or other parts of protected species found in the field without an invoice or permit from the department, with the exception of obviously shed antlers. All shed antlers collected in violation of any state or federal land closure, in violation of criminal trespass, in violation of the habitat protection act, while driving off road on public land or on a closed road on public land remain property of the State of New Mexico and shall be seized.

N.M. Admin. Code § 19.31.10.9

19.31.10.9 NMAC - Rp, 19.31.10.9 NMAC, 4-1-2007; A, 10-31-2013, Adopted by New Mexico Register, Volume XXVII, Issue 23, December 15, 2016, eff. 12/15/2016, Amended by New Mexico Register, Volume XXVIII, Issue 23, December 12, 2017, eff. 4/1/2018, Adopted by New Mexico Register, Volume XXIX, Issue 24, December 27, 2018, eff. 4/1/2019, Adopted by New Mexico Register, Volume XXXIII, Issue 21, November 8, 2022, eff. 4/1/2023