New Mexico Register / Volume XXXI, Issue 3 / February 11, 2020

 

 

TITLE 19             NATURAL RESOURCES AND WILDLIFE

CHAPTER 32     TRAPPING AND FURBEARERS

PART 2                 FURBEARERS

 

19.32.2.1               ISSUING AGENCY:  New Mexico department of game and fish.

[19.32.2.1 NMAC - Rp, 19.32.1.1 NMAC, 4/1/2020]

 

19.32.2.2               SCOPE:  Sportspersons interested in furbearer hunting and management.  Additional requirements may be found in Chapter 17 NMSA 1978 and Title 19 NMAC.

[19.32.2.2 NMAC - Rp, 19.32.1.2 NMAC, 4/1/2020]

 

19.32.2.3               STATUTORY AUTHORITY:  Sections 17-1-14, 17-1-26, 17-5-3, 17-5-4, and 17-5-5 NMSA 1978 provide that the New Mexico state game commission has the authority to establish rules and regulations that it may deem necessary to carry out the purpose of Chapter 17 NMSA 1978 and all other acts pertaining to protected species.

[19.32.2.3 NMAC - Rp, 19.32.1.3 NMAC, 4/1/2020]

 

19.32.2.4               DURATION:  April 1, 2020 through March 31, 2024.

[19.32.2.4 NMAC - Rp, 19.32.1.4 NMAC, 4/1/2020]

 

19.32.2.5               EFFECTIVE DATE:  April 1, 2020, unless a later date is cited at the end of a section.

[19.32.2.5 NMAC - Rp, 19.32.1.5 NMAC, 4/1/2020]

 

19.32.2.6               OBJECTIVE:  Establishing open hunting seasons and regulation, rules and procedures governing the distribution and issuance of trapping licenses by the department.

[19.32.2.6 NMAC - Rp, 19.32.1.6 NMAC, 4/1/2020]

 

19.32.2.7               DEFINITIONS:

                A.            “Department” shall mean the New Mexico department of game and fish.

                B.            “Foothold trap” shall mean a trap designed to capture a furbearer by the foot, but does not include foot encapsulating traps.

                C.            “Foot encapsulating trap” shall mean any trap with a push or pull-activated trigger located inside an enclosure recessed from an opening of no more than two inches in diameter, as measured across the opening from side to side, not corner to corner.  Foot encapsulating traps include “dog proof” and “egg” traps.

                D.            “Furbearer” shall mean any quadruped defined as a fur-bearing animal in 17-5-2 NMSA 1978.

                E.            “Land set” shall mean any foothold trap or snare set on land.

                F.            “Snare” shall mean a wire or cable with a single closing device designed to capture a furbearer.

                G.            “Trap” shall mean any foothold trap, foot encapsulating trap, cage trap or body-grip trap set to capture a furbearer.

[19.32.2.7 NMAC - Rp, 19.32.1.7 NMAC, 4/1/2020]

 

19.32.2.8               OPEN SEASONS:

                A.            Badger, weasel, fox, ringtail and bobcat:  November 1-March 15 statewide.

                B.            Raccoon:

                                (1)           April 1-May 15 and September 1-March 31, statewide.

                                (2)           Extended season:  May 16-August 31 statewide, method restrictions per 19.31.10 NMAC.

                C.            Beaver and muskrat:  April 1-April 30 and November 1-March 31, statewide.

                D.            Nutria:  April 1-March 31 statewide.

[19.32.2.8 NMAC - Rp, 19.32.1.8 NMAC, 4/1/2020]

 

19.32.2.9               CLOSED AREAS:

                A.            No land set may be made on the Sandia ranger district portion of the Cibola national forest.

                B.            No land set may be made within that portion of Los Alamos county  bounded by a line beginning at a point on the county line common to Los Alamos and Sandoval counties, said point identified as lying 200 feet north along the county line from the brass cap marking the seven and one-half mile point on the east boundary of the Baca location, said brass cap having New Mexico state plane coordinates (central zone) of X = 445,992.94 and Y = 1,782,659.28; and bearing northeasterly from the point of beginning to the northwestern corner of section 6, T. 19 N., R. 6 E, NMPM; thence easterly along the township line to the northeast corner of section 3, T. 19 N., R. 6 E., NMPM; then southwesterly to the first order traverse station  “pinon”;  thence N. 82 degrees, 26’30” E., a distance of 107.94 feet to the Los Alamos-Santa Fe county line; thence south, west and southeast along the eastern boundary of Los Alamos county to a point marked by a brass cap monument stamped A.P. 33 and shown on the “Boundary Plat, Survey of Tract A, Ramon Vigil Grant”, filed for record with the U.S. department of the interior, general land office, Washington, D.C., January 10, 1939; thence southwesterly along a line 1,000 feet easterly of and parallel with the easterly boundary of the survey of White Rock, county of Los Alamos, New Mexico, as recorded in plat book 1, Page 62, on September 3, 1965, to the center line of Water canyon; thence southeasterly along the center line of Water canyon to the Los Alamos-Santa Fe county line; thence southwesterly, westerly and northerly along the Los Alamos county line to the point of beginning.

                C.            No land set may be made on the Organ Mountain-Desert Peaks national monument property within the following boundaries: Beginning at the junction of Interstate 25 (I-25) and US Highway 70, east along US Highway 70 to the White Sands Missile Range (WSMR) boundary, then south and east along the WSMR boundary to US Highway 54, then southwest along US Highway 54 to the Texas/New Mexico state line, then west along the state line to Interstate 10 (I-10), then north along I-10 to the junction with I-25 then north along I-25 to the junction of I-25 and US Highway 70.

                D.            No land set may be placed within one-half mile of New Mexico Highway 475 on the Santa Fe national forest, or New Mexico Highway 150 on the Carson national forest.

                E.            No beaver trapping is permitted on the Cibola, Gila or Lincoln national forests.

[19.32.2.9 NMAC - Rp, 19.32.1.9 NMAC, 4/1/2020]

 

19.32.2.10             MANDATORY FURBEARER EDUCATION:

                A.            Every person must successfully complete a department approved trapper education course before setting any trap or snare in New Mexico.  Proof of successful completion of a trapper education course in any other state will also be accepted, but the person must pass a New Mexico law and species identification course.

                B.            Every person hunting furbearers must successfully complete either the New Mexico trapper education course, or a New Mexico law and species identification course.

                C.            Trapper education shall be offered free of charge to all residents.  The department may charge a fee of not more than $35 for each non-resident who takes a New Mexico trapper education course.  The New Mexico law and species identification course shall be free for everyone.

[19.32.2.9 NMAC - Rp, 19.32.1.9 NMAC, 4/1/2020]

 

19.32.2.11             BAG LIMIT:  Annual bag limits may be set by the director, with the verbal concurrence of the chairperson of the game commission or their designee, for any furbearer species to address significant changes in statewide populations or to address critical department management needs.  Annual bag limits, if set, shall expire March 31st annually.

[19.32.2.10 NMAC - Rp, 19.32.1.10 NMAC, 4/1/2020]

 

19.32.2.12             EXEMPTIONS:  The provisions of this rule shall not apply to department of game and fish personnel or designated agents who are acting in their official capacity in the control of depredating animals, for law enforcement purposes, to protect human health and safety, or for research or management purposes.

[19.32.2.11 NMAC - Rp, 19.32.1.11 NMAC, 4/1/2020]

 

HISTORY OF 19.32.2 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the State Records Center and Archives under:  Regulation No. 490, Establishing Seasons On Protected Furbearers, filed 3/1/68; Regulation No. 511, Establishing Seasons On Protected Furbearers 1970-1971, filed 2/20/70; Regulation No. 521, Establishing Seasons On Protected Furbearers 1971-1972, filed 3/9/71; Regulation No. 533, Establishing Seasons On Protected Furbearers 1972-1973, filed 3/30/72; Regulation No. 544, Establishing Seasons On Protected Furbearers 1973-1974, filed 2/26/73; Regulation No 555, Establishing Seasons On Protected Furbearers 1974-1975, filed 3/4/74; Regulation No. 566, Establishing Seasons On Protected Furbearers, filed 3/24/75; Regulation No. 584, Establishing Seasons On Protected Furbearers, filed 2/9/77; Regulation No. 491, Establishing Seasons On Protected Furbearers, filed 2/15/78; Regulation No. 597, Establishing Seasons On Furbearers, filed 2/23/79; Regulation No. 604, Establishing 1980 Seasons On Furbearers, filed 2/22/80; Regulation No. 608, Establishing 1981 Seasons On Furbearers, filed 3/5/81; Regulation No. 613, Establishing 1982 Seasons On Furbearers, filed 3/2/82; Regulation No. 623, Establishing 1983 Seasons On Furbearers, filed 3/9/83; Regulation No. 629, Establishing 1984 Seasons On Furbearers, filed 3/16/84; Regulation No. 633, Establishing 1985 Seasons On Furbearers, filed 4/15/85; Regulation No. 641, Establishing 1986 Seasons On Furbearers, filed 3/25/86; Regulation No. 646, Establishing 1987 Seasons On Furbearers, filed 10/27/86; Regulation No. 654, Establishing 1988 Seasons On Furbearers, filed 12/4/87; Regulation No. 665, Establishing 1989-1990 Seasons On Furbearers, filed 3/20/89; Regulation No. 675, Establishing 1990-1991 Seasons On Furbearers, filed 11/21/89; Regulation No. 684, Establishing 1991-1992 Seasons On Furbearers, filed 1/11/91; Regulation No. 690, Establishing 1992-1993 Seasons On Furbearers, filed 3/4/92; Regulation No. 701, Establishing 1993-1995 Seasons on Furbearers, filed 3/11/93.

 

Regulation No. 691, Establishing Financial Liability For Unaccounted For Licenses, 10-3-91.

 

History of Repealed Material:

19.32.2 NMAC, Method, Season Dates, and Bag Limits, filed 8/1/2011, and replaced it with 19.32.2 NMAC, Furbearers, effective 4/1/2020.