This rule was filed as 19
NMAC 35.2.
TITLE 19 NATURAL RESOURCES AND WILDLIFE
CHAPTER 35 CAPTIVE WILDLIFE USES
PART 2 CALL PEN AND RETRIEVER TRIALS
19.35.2.1 ISSUING AGENCY: New Mexico
Department of Game and Fish.
[12/30/95; Recompiled
12/31/01]
19.35.2.2 SCOPE: People
interested in training bird dogs and holding field trials or field tests for
dogs.
[12/30/95; Recompiled
12/31/01]
19.35.2.3 STATUTORY AUTHORITY: Sections
17-1-14, 17-1-26, and 17-15-4 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.
[7/8/92, 12/30/95; Recompiled
12/31/01]
19.35.2.4 DURATION: Permanent.
[12/30/95; Recompiled
12/31/01]
19.35.2.5 EFFECTIVE DATE: December 30,
1995 [unless a later date is cited at the end of a section]
[12/30/95; Recompiled
12/31/01]
19.35.2.6 OBJECTIVE: Establish the
use of legally propagated game birds in training bird dogs, with or without the
use of call pens, and establishing the use of game birds and raccoons in field
trials and field tests.
[7/8/92, 12/30/95; Recompiled
12/31/01]
19.35.2.7 DEFINITIONS:
A. "Legally
propagated game birds for use in training bird dogs" shall mean pen-raised
pheasants, bobwhite quail, and chukar.
B. "Game
birds for use in field trials and tests" shall mean legally propagated
pen-raised pheasants, quail, chukars, and mallards.
C. "Field
trial" shall mean the activity of releasing, killing and possessing game
birds for the purpose of competence testing and competition in dog training.
D. "Field
test" shall mean the activity of using legally propagated and possessed
game birds or [raccoon held under a retention permit for dog] competence
testing and competition. No wildlife shall be intentionally killed during a
field test.
[7/8/92; Recompiled 12/31/01]
19.35.2.8 USE OF LEGALLY PROPAGATED GAME
BIRDS IN TRAINING BIRD DOGS; CALL PENS:
A. In conjunction with bird dog training, a person may daily possess, liberate and kill up to ten (10) legally propagated game birds raised or obtained in accordance with New Mexico laws and regulations.
B. While
engaged in this activity, a person must have in possession a proper
propagator's receipt for the birds being used. If a person is using birds he
has raised, he must have in possession a copy of his propagation permit.
C. This
regulation does not address or affect activities associated with protected
wildlife for purposes other than those herein described.
D. If
a call pen is to be used in association with this activity, a call pen permit
is required. Application must be submitted to the deparatment, stating the name
of the person and the location of the call pen. The call pen shall be permanently
marked with the permittee's name, address, and permit number.
[7/8/92, 12/30/95; Recompiled
12/31/01]
19.35.2.9 USE OF GAME BIRDS AND RACCOONS IN
FIELD TRIALS AND FIELD TESTS:
A. It
shall be unlawful to conduct a field trial or field test without first
submitting an application to the director of the department of game and fish.
B. The
application and fee for a field trial or field test must be received by the
department of game and fish at least 15 days prior to the start of the trial.
The application shall include dates of the trial, location, source of game
birds and copies of pertinent documents authorizing possession of protected
wildlife to be used. A copy of the application must be maintained by the
sponsor and in his/her possession during the trial/test. The application shall
be considered approved unless notified in writing by the department.
C. A
receipt or retention permit for all wildlife held during the trial or test
shall be in the possession of the sponsor.
D. Raccoons
may be released during a field test provided the application states the dates
of the release and that an authorization for the release is granted by the
director of the department of game and fish.
E. Posting:
Notices of the field trial/field test will be posted at each corner and
entrance to the field trial/test area.
F. Any
person registered with the sponsor may take, hunt or pursue game birds during
the trial.
G. Game
birds taken at bona fide field trials may be sold or donated. The sponsor shall
provide to all persons receiving such birds, an invoice stating the name of the
club or organization, the date the bird or birds were taken, the species and
number of birds covered by the invoice.
[7/8/92, 12/30/95; Recompiled
12/31/01]
HISTORY OF 19.35.2 NMAC:
Pre-NMAC History:
The material in this Part was derived from that previously filed with
the State Records Center and Archives:
DGF 69-9, Order No. 5-69, Amending Regulation No. 472, 8/26/69.
Regulation No. 697, Establishing the Use of Game Birds and Raccoons in Field Trials and Field Tests, 7/8/92.
DGF 69-10, Regulation No. 506, Regulating the Use of Call Pens, 9/2/69.
Regulation No. 692, Establishing the Regulation for the Use of Call Pens, 12/3/91.
Regulation No. 696, Establishing the Use of Legally Propagated Game Birds in Training Bird Dogs, 7/8/92.
History of Repealed Material: [RESERVED]