N.M. Admin. Code § 19.5.5.15

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

Section 19.5.5.15 - OUTFITTERS AND GUIDES

A. An outfitter may apply for one concession permit and purchase guide cards for guides the outfitter employs who will be conducting guided fishing, boating or rafting trips. The outfitter shall provide the superintendent with a list of guides authorized to conduct guided trips for the outfitter and request the number of guide cards the outfitter wishes to purchase at the time the outfitter submits a concession permit application and fee. The fee for a guide card shall be the same as the fee for a concession permit. See 19.5.6 NMAC. During the concession permit's term, the outfitter shall have public liability insurance naming the state of New Mexico, the department and the division, and if applicable the landowner from which the division leases the land or reservoir, as principal beneficiaries and shall have, if applicable, workers' compensation insurance in force and effect with a carrier licensed to do business in New Mexico. The public liability insurance shall cover personal injury and property damage in amounts equal to or greater than the liability limits set forth in NMSA 1978, Section 41-4-19, as it may be amended from time to time.

B. The number of guides on the outfitter's guide list may exceed the number of guide cards the outfitter purchased. However, at no time shall the number of guides conducting commercial activity in a park exceed the number of guide cards the division issued to the outfitter. Only guides whose names appear on the guide list may conduct guided trips.

C. Each guide shall be able to present a guide card to a state park official at all times when the guide is conducting commercial activity in a park. A person shall not conduct commercial guiding activities without having a guide card in his or her possession. An outfitter or guide shall present the guide card to a state park official when requested to do so.

D. The outfitter is responsible for all guide cards the division issues to the permittee and for updating the guide list as necessary and providing the updated guide list to the superintendent.

E. Each outfitter shall submit an annual report that provides information concerning the outfitter's activities for the preceding year to the superintendent by April 15th. Annual reports shall include dates of guided trips, number of trips on each date and total number of clients on each date or a statement that no trips were made during the year.

F. An outfitter or guide shall not take more than three clients on a wade trip or more than three clients on a float boat at one time.

G. Outfitters and guides are subject to boat safety inspections at all times while boating.

H. Commercial boat use on the San Juan river, Navajo Lake state park is allowed only from the Texas hole and downstream.

I. Outfitters shall identify their boats with the outfitter's company name prominently and clearly printed on the vessel on both the port and starboard sides. Lettering shall be at least three inches in height.

J. Outfitters or guides shall display a concession permittee vehicle pass while conducting commercial activities within the boundaries of a state park. The concession permittee vehicle pass does not exempt the holder from paying park fees if the outfitter or guide is using the park or its facilities for personal use.

K. Outfitters shall submit trip ticket information using the internet-based trip ticket reporting system for commercial trips. The outfitter, or the outfitter's guide or agent, shall complete this form prior to the trip commencing. The guide conducting the trip shall carry a copy of the trip ticket for the duration of the commercial trip. A person shall not conduct commercial fishing or hunting activities within a state park without having a valid trip ticket in his or her possession.

N.M. Admin. Code § 19.5.5.15

19.5.5.15 NMAC - Rp, 19.5.5.14 NMAC, 1/1/2008; A, 1/1/2013