N.M. Admin. Code § 19.34.3.7

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

Section 19.34.3.7 - DEFINITIONS

A."Access" shall mean consent for an individual to enter upon and use designated lands for hunting, fishing, trapping, or gaining access into nature activities. Access excludes commercial activity.

B."Access rules" shall mean restrictions or prohibitions on access applicable to designated land pursuant to 19.34.3.10 NMAC.

C."Big game" shall mean deer, elk, pronghorn antelope, bighorn sheep, ibex, Barbary sheep, oryx, turkey, javelina, bear, and cougar.

D. "Commercial activity" means any activity conducted within land for which a fee is charged or compensation or anything else of value is received by the person or business conducting the activity, except for hunting activities conducted by an outfitter registered with the department.

E."Commission" shall mean the New Mexico state game commission.

F."Director" shall mean the director of the New Mexico department of game and fish.

G."Department" shall mean the New Mexico department of game and fish.

H."Designated area(s)" shall mean those areas within designated land where access is either allowed or restricted.

I."Designated land(s)" shall mean land on which access is allowed for hunting, fishing, trapping, gaining access into nature activities, or activities authorized by the director pursuant to 19.34.3.9 NMAC

J."Gaining access into nature" or " GAIN" shall mean a program to provide broadly based wildlife-associated recreation opportunity, not to include hunting, trapping, or fishing, pursuant to 17-4-33 NMSA 1978.

K."GAIN activities" shall mean activities that provide broadly based wildlife-associated recreation, not to include hunting, trapping, or fishing..

L."Group" shall mean at least one (1) individual in possession of a hunting license, fishing license, trapping license, or habitat management and access validation (HMAV) valid for the current license year and up to three (3)accompanying individuals. Youth under the age of 18 are exempt from this definition.

M."Land(s)" shall mean property owned, operated, or controlled by the commission except property upon which state parks are located and operated by the state parks division of the energy, minerals, and natural resources department. Activities on commission-owned land within state parks operated by the state parks division of the energy, minerals and natural resources department shall be subject to state parks division rules.

N."License year" shall mean the period of April 1 through March 31.

O."Operator" shall mean any person or entity that conducts commercial activity on land pursuant to a commercial permit issued by the department and that person's or entity's agents.

N.M. Admin. Code § 19.34.3.7

19.34.3.7 NMAC - Rp, 19.34.3.7 NMAC, 10/30/09; A, 7/15/13, Adopted by New Mexico Register, Volume XXVII, Issue 12, June 30, 2016, eff. 6/30/2016