TITLE 19 NATURAL RESOURCES AND WILDLIFE

CHAPTER 32 TRAPPING AND FURBEARERS

PART 2 METHOD, SEASON DATES, AND BAG LIMITS

19.32.2.1 ISSUING AGENCY: New Mexico Department of Game and Fish

[4-1-95; 19.32.2.1 NMAC - Rn, 19 NMAC 32.1.1 9-29-2000]

19.32.2.2 SCOPE: Trappers and hunters of protected furbearers. Additional requirements may be found in Chapter 17, NMSA 1978 and Chapter 30, 31, and 33 of Title 19.

[4-1-95; 19.32.2.2 NMAC - Rn, 19 NMAC 32.1.2 9-29-2000]

19.32.2.3 STATUTORY AUTHORITY: 17-1-14 and 17-1-26 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 mammals, birds, and fish.

[4-1-95; 19.32.2.3 NMAC - Rn, 19 NMAC 32.1.3 9-29-2000; A, 02-28-01]

19.32.2.4 DURATION: Permanent

[4-1-95; A, 2-28-98; 19.32.2.4 NMAC - Rn, 19 NMAC 32.1.4 9-29-2000]

19.32.2.5 EFFECTIVE DATE: April 1, 1995, unless a different date is cited at the end of a section.

[4-1-95; 19.32.2.5 NMAC - Rn, 19 NMAC 32.1.5 & A, 9-29-2000]

19.32.2.6 OBJECTIVE: Establishing methods, open seasons, and bag limits for the harvest of protected furbearers.

[4-1-95; 19.32.2.6 NMAC - Rn, 19 NMAC 32.1.6 9-29-2000]

19.32.2.7 DEFINITIONS:

A. “Land set,” as used herein, shall mean any trap or snare set on land.

B. “Water set” shall mean any trap or snare set fully or partially in water.

C. “Body-gripping traps” shall mean a rotating jaw trap designed to capture an animal by the body.

D. “Agent” shall mean any New Mexico resident who is registered, by the trapper, with the department of game and fish. No fur dealer may act as an agent. Agents must have a valid trapper license.

E. “Lamination” shall mean modifying the jaw thickness of a foot-hold trap by fastening a strip of metal (rod or flat stock) to the trap jaw that increases the contact surface area of the trap jaw.

F. “Off-set” shall mean a space measuring a minimum of 3/16 inch between the contact surfaces of the closed jaws of a foot-hold trap.

G. “Cubby set” shall mean a natural or man-made close ended hole, structure, bucket or declivity, or open-ended “tunnel-type” enclosure used for the purpose of trapping protected furbearers.

H. “Jaw spread” shall mean the distance between the jaws when measured across the center of the trap and perpendicular to a line drawn through the pivot points of the jaws when the trap is in the set position. Jaw spread for padded jaw traps shall be measured from the metal portion of the jaw in the manner previously described.

I. “Steel trap” shall mean a spring actuated device designed to capture an animal by the foot or body.

J. “Padded jaw” shall mean steel traps either constructed or modified so that the closure portion of the jaw is padded with a soft material such as rubber or canvas.

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

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

M. “Pursuit” shall mean to chase by dogs without the intent to kill.

[4-1-95; 19.32.2.7 NMAC - Rn, 19 NMAC 32.1.7, 9-29-00; A, 4-1-03; A, 4-1-07; A, 8-15-11]

19.32.2.8 OPEN SEASONS AND OPEN AREAS:

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

B. Raccoon:

(1) Trapping and hunting: April 1-May 15 and September 1-March 31 statewide.

(2) Pursuit only: April 1-March 31 statewide.

C. Beaver, nutria and muskrat: April 1-April 30 and November 1-March 31, statewide, provided that no beaver trapping shall be permitted on any public lands within the exterior boundaries of any national forest, except those public lands within the Carson and Santa Fe national forest.

D. Wildlife management areas shall only be open for taking of furbearers or other trapping activities as authorized by the director.

[4-1-95; 19.32.2.8 NMAC - Rn, 19 NMAC 32.1.8, 9-29-00; A, 02-28-01; A, 4-1-07; A, 8-15-11]

19.32.2.9 BAG LIMIT: There shall be no bag limit on any furbearer. The director, with the verbal concurrence of the chairman or his designee, may set a bag limit for furbearers to address significant changes in population levels or to address critical department management needs.

[4-1-95; 19.32.2.9 NMAC - Rn, 19 NMAC 32.1.9, 9-29-00; A, 4-1-07; A, 8-15-11]

19.32.2.10 MANNER AND METHOD OF TAKING FURBEARERS:

A. Legal methods of taking shall include dogs, firearms, crossbows, falconry, bows and arrows, or traps and snares.

B. The following restrictions on traps and snares shall apply to the setting of any trap or snare that could reasonably be expected to catch a furbearer.

(1) Each trap or snare set that could take furbearers must be either permanently marked with a user-identification number that is issued by the department of game and fish, or be permanently marked with the name and address of the trapper using the trap or snare.

(2) No foot-hold trap with an outside spread larger than 7 inches if laminated above the jaw surfaces or tooth-jawed traps, shall be used in making a land set. All foot-hold traps with an inside jaw spread equal to or greater than 5.5 inches shall be offset unless they have padded jaws.

(3) No land set shall be placed within 1/4 mile of a designated and signed roadside rest area, picnic area or an occupied dwelling without prior, written permission of the occupant of the dwelling, except for a land set placed by a landowner on his own land.

(4) No land set shall be placed within 1/2 mile of an established and maintained public campground, or boat-launching area.

(5) It shall be unlawful to make a land set within 25 yards of the edge of any public road or trail (including any culvert or structure located beneath it) except on private land with written permission from the landowner. Trail shall mean any path opened for public use and maintained annually by public funds or any path published on a map by a municipal, state or federal agency and open for public travel. Public road shall mean any thoroughfare that was constructed and annually maintained with public funds whether it is currently open or closed to vehicle use or any thoroughfare published on a map by a municipal, state or federal agency and open for public travel. When a fence is present within 25 yards of the edge of the road, sets may be made on the side of the fence opposite the road.

(6) No land set shall be placed within 50 yards of any man-made livestock or wildlife catchment, pond or tank containing water, except on private land with written permission from the landowner.

(7) No steel trap with an inside jaw spread larger than 7.5 inches or body-gripping trap with a jaw spread greater than 12 inches shall be used in making a water set.

(8) It shall be illegal to place, set or maintain any steel trap or snare within 25 feet of bait that is visible from any angle and that consist of the flesh, hide, fur, viscera, or feathers of any animal unless used in conjunction with a cubby set where the bait cannot be seen except from a height of 3 feet or less above ground level and at a maximum distance of 25 feet. The bait must be inside the cubby but the steel trap or snare may be outside. Bones that are entirely free of flesh, hide, fur or feathers may be used as visible bait. The restriction on visible bait shall not apply to a trap flag that is suspended above the ground and that is made from materials other than animal parts.

(9) No body-gripping trap with an inside jaw spread greater than 7 inches may be set on land. Body-gripping traps with inside jaw spreads of between 6 and 7 inches set on land shall be used in conjunction with a cubby set such that the trap trigger is recessed in the cubby at least 8 inches from an entrance.

(10) Shooting hours:

(a) Hunting and falconry - ½ hour before sunrise to ½ hour after sunset.

(b) Trapping - unrestricted.

[4-1-95, 19.32.2.10 NMAC - Rn, 19 NMAC 32.1.10, 9-29-00; A, 4-1-03; A, 4-1-07; A/E, 11-1-10; A, 8-15-11]

19.32.2.11 TRAP INSPECTION AND FURBEARER REMOVAL:

A. A licensed trapper, or his/her agent, must make a visual inspection of each trap each calendar day and remove any captured wildlife. A release device or catchpole shall be carried to release captured animals. All traps must be personally checked by the trapper every other calendar day. Each trapper will be allowed multiple agents who must possess written permission from the trapper and a valid trapper license. The permission must include the trapper’s full name, address, trapper’s license number, trapper identification number(s), if appropriate, and general location or route of traps.

B. It shall be illegal to import any live furbearer into the state. It shall be illegal to hold any live furbearer in captivity except raccoons held under a valid New Mexico department of game and fish live animal permit. Upon written application, the director may issue a permit for retention of raccoon, or other activity permitted under 19.31.10 NMAC.

C. It shall be illegal to destroy, disturb or remove any trap, snare or trapped wildlife belonging to a licensed trapper without permission of the owner of the trap or snare, except that from March 16 to November 1, a landowner may remove any trap or snare from privately owned or leased land if such a trap or snare could endanger livestock. Nothing in this subsection shall prohibit a person from releasing any domestic animal from a trap.

[4-1-95; A, 2-28-98, A, 9-30-98; 19.32.2.11 NMAC - Rn, 19 NMAC 32.1.11, 9-29-00; A, 4-1-03; A, 4-1-07; A, 8-15-11]

19.32.2.12 EXEMPTIONS: The provisions of this regulation shall not apply to personnel of the department of game and fish or its designated agents who are acting in their official capacity in the control of depredating animals or for management purposes.

[4-1-95; A, 2-28-98, A, 12-31-99; 19.32.2.12 NMAC - Rn, 19 NMAC 32.1.12 9-29-2000]

19.32.2.13 AREAS CLOSED TO FURBEARER TRAPPING:

A. 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 7-1/2 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.

B. The portion as follows of the Wild Rivers recreation area is closed to furbearer trapping - an area bounded on the north by the power line from Bear Crossing to Red River hatchery, south along the Red River to the confluence of the Rio Grande and north along the Rio Grande to the power lines at Bear Crossing.

C. No furbearer trapping shall be permitted on the Valle Vidal addition to the Carson national forest and the Greenwood portion of the Vermejo ranch.

D. No furbearer trapping shall be permitted on the McGregor military range in unit 28 unless authorized by an authorized representative of the department of defense.

E. No furbearer trapping shall be allowed in the portion of game management unit 6 lying within the exterior boundaries of the Valles Caldera national preserve as described and/or posted by the U.S. forest service.

[4-1-95; 19.32.2.13 NMAC - Rn, 19 NMAC 32.1.13 & A, 9-29-2000; A, 8-15-11]

19.32.2.14 TAGGING BOBCAT PELTS:

A. Every person who takes a bobcat in New Mexico shall present the pelt for tagging in New Mexico prior to leaving the state no later than April 14, annually.

B. Every person who presents a bobcat for tagging shall display a current trapper license except residents 11 years of age or younger. Tags may be obtained from department offices in Raton, Roswell, Las Cruces, Albuquerque and Santa Fe. In addition pelts may be tagged by New Mexico licensed furbearer dealers following policies set forth by the department.

C. No person shall transport across state lines, sell, barter, or otherwise dispose of any bobcat pelt taken in New Mexico unless it has been properly tagged.

D. It shall be unlawful to present for tagging, or to have tagged with a New Mexico tag, any pelt from a bobcat taken outside the state of New Mexico.

E. It shall be unlawful for fur dealers to tag any bobcat contrary to this rule.

[4-1-95; 19.32.2.14 NMAC - Rn, 19 NMAC 32.1.14, 9-29-00; A, 4-1-05; A, 4-1-07; A, 8-15-11]

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.