N.M. Admin. Code § 19.31.2.8

Current through Register Vol. 35, No. 21, November 5, 2024

Section 19.31.2.8 - CRIMINAL REVOCATION CATEGORIES AND POINTS

Each conviction or penalty assessment for a violation of Chapter 17 NMSA 1978, Section 30-14-1 NMSA 1978 or commission rule will result in the assessment of points. Any person with 20 or more points accumulated within any consecutive three-year period shall have all of his or her privileges subject to revocation or suspension. The tolling of time for the three consecutive years shall begin from the date of conviction or the date a penalty assessment was accepted.

A.40-point criminal violations:

(1) hunting with the aid of an artificial light or spotlight, in violation of Section 17-2-31 NMSA 1978;

(2) felony waste of game in violation of Section 17-2-8 NMSA 1978;

(3) selling, offering for sale, offering to purchase or purchasing any game animal, game bird or game fish or parts thereof in violation of Section 17-2-7 NMSA 1978;

(4) any violation of Section 17-3-45 NMSA 1978 related to shooting from an aircraft involving any game animal, game bird or any state listed threatened or endangered animal;

(5) applying for or receiving an outfitter or guide registration while revoked;

(6) any violation of Section 17-3-48 NMSA 1978;

(7) any violation of Section 17-3-49 NMSA 1978;

(8) except as otherwise provided by Sections 17-2-37 to 17-2-46, taking, possessing, transporting, exporting, processing, selling or offering for sale, or shipping any species or subspecies of wildlife listed on the state list of endangered or threatened species or the United States' list of endangered native and foreign fish and wildlife;

(9) knowingly or willfully introducing an aquatic invasive species, in violation of Section 17-4-35 NMSA 1978; or

(10) accessory to any of the above violations.

B.20-point criminal violations:

(1) illegally taking, attempting to take, killing, capturing or possessing any big game species outside of hunting season in violation of Section 17-2-7 or 17-3-33 NMSA 1978, except for possession of head, antlers or horns found in the field penalty assessment violations;

(2) hunting big game without a license in violation of Section 17-3-1 NMSA 1978;

(3) misdemeanor waste of game in violation of Section 17-2-8 NMSA 1978;

(4) hunting on public land (lands owned by the U.S. government, state of New Mexico, state land office or New Mexico game commission) with a license which was valid only on private land;

(5) hunting in a closed area or hunting big game outside the ranch boundaries for which a ranch only license is issued or hunting big game in the wrong game management unit;

(6) any violation of Section 17-3-45 NMSA 1978 related to shooting from an aircraft involving species other than game animals, game birds or state listed threatened or endangered animals;

(7) exceeding the bag limit of big game;

(8) criminal trespass, in violation of Section 30-14-1 NMSA 1978, when in connection with hunting, fishing or trapping activity; revocation to be for no less than three years;

(9) any violation of Section 17-3-6 NMSA 1978;

(10) any violation of Section 17-2-7.1 NMSA 1978 relating to interference with hunting, fishing or trapping;

(11) any violation of Section 17-2-29 NMSA 1978; revocation for a period of one year as prescribed by Section 17-2-30 NMSA 1978;

(12) outfitter allowing or using an unregistered person to perform outfitting or guiding services;

(13) guiding or outfitting without being registered in violation of Section 17-2A-3 NMSA 1978;

(14) using an outfitter or guide license issued to another;

(15) hunting with a license obtained through the special drawing pool without being contracted with a New Mexico outfitter;

(16) any violation of the provisions of any special use of wildlife permit issued by the department pursuant to Chapter 17 NMSA 1978 and its implementing rules;

(17) procurement, possession or use of any additional big game or turkey license or tag, except as provided by rule;

(18) any violation of Section 17-2-4.2 NMSA 1978;

(19) selling or offering for sale any license issued to a person.

(20) importation or possession of any species listed as group II, III or IV on the director's "species importation list" in violation of Section 17-3-32 NMSA 1978 or 19.31.10 NMAC;

(21) any person who obtains any license, permit or stamp by falsely claiming a military discount; or

(22) accessory to any of the above violations.

C.10-point criminal violations:

(1) illegally taking, attempting to take, killing, capturing or possession of any big game species during hunting season;

(2) illegally taking, attempting to take, killing, capturing or possessing any turkey or small game in violation of Section 17-2-7 or 17-3-33 NMSA 1978;

(3) hunting, taking or attempting to take any protected game animal, game bird, game fish or furbearer on private land without written permission, in violation of 19.31.10 NMAC;

(4) harassing a game animal;

(5) use of an aircraft or drone to locate, harass, drive or rally a game animal;

(6) fail to properly tag big game species or turkey as prescribed;

(7) using an invalid or voided tag or using a tag of any other person;

(8) fishing without a license or hunting small game or turkey without a license;

(9) exceeding the bag limit of small game or turkey;

(10) retention of live game animal or game bird;

(11) refusing or failing to produce an outfitter contract or not having a signed contract prior to hunting;

(12) applying or allowing someone to apply in the special drawing pool without a contract;

(13) hunting or collecting non-game without a license or permit;

(14) applying or aiding any person in applying in the special drawing pool with an unregistered or unqualified outfitter number;

(15) hunting with a license obtained through the special drawing pool without being accompanied by a New Mexico outfitter or their guide; or

(16) accessory to any of the above violations.

D.five-point criminal violations:

(1) illegal possession of any head, horns or antlers of a game animal found in the field; or

(2) any provision of Chapter 17 NMSA 1978 and its implementing rules not specifically listed herein.

E.three-point criminal violations:

(1) hunting, fishing or trapping without proper stamp(s); or

(2) using any department issued permit without possessing the proper stamp(s).

N.M. Admin. Code § 19.31.2.8

19.31.2.8 NMAC - Rp, 19.31.2.8 NMAC, 09-14-2012; A, 10-31-2013, Adopted by New Mexico Register, Volume XXVIII, Issue 23, December 12, 2017, eff. 12/19/2017, Adopted by New Mexico Register, Volume XXIX, Issue 24, December 27, 2018, eff. 4/1/2019, Adopted by New Mexico Register, Volume XXXIII, Issue 06, March 22, 2022, eff. 4/1/2022