N.M. Code R. § 19.35.5.12

Current through Register Vol. 35, No. 16, August 27, 2024

Section 19.35.5.12 - PERMIT REQUIREMENTS

A. A permit holder shall carry out all rehabilitation in a manner consistent with the goal of returning wildlife to its native range and habitat and in conformity with its seasonal occurrence in New Mexico.

B. A permit holder may designate an agent to transport wildlife associated with rehabilitation efforts.

C. A permit holder shall carry out all rehabilitation in a humane manner and plan activities to return the injured animals to a condition which will allow them to survive in the wild.

D. Apprentices shall handle wildlife only under supervision of the permittee or co-permittee.

E. A permit holder shall conduct rehabilitation in an environment which minimizes human contact and prevents human and domestic animal imprinting.

F. Animals in rehabilitation shall not be used for display or public programs. One way windows or video observation is permissible.

G. Non-releasable protected wildlife may only be retained for approved fostering or socialization purposes incident to wildlife rehabilitation or transferred to other permitted rehabilitators, zoo permit holders, licensed falconers and licensed raptor breeders or educational permit holders in accordance with requirements of this regulation and only after a written request for such retention or transfer has been made to and approved in writing by the department.

H. Permittee's facilities shall be subject to unannounced inspections by authorized representatives of the director at reasonable times.

I. Permittees shall maintain detailed and complete records on each animal received under the permit.

J. Releases of Rehabilitated Wildlife:

(1) A permit holder shall not release wildlife in such a manner or at such a location so that the released animals are likely to become a nuisance or threat to humans or their property.

(2) Wildlife releases which are made to fenced or enclosed areas without a reasonable expectation that the individuals will be able to leave at will may be considered as captive releases.

(3) Captive releases may subject the landowner or person in control of the premises to additional licensing requirements for holding protected wildlife in captivity or stocking protected wildlife.

(4) Protected wildlife shall be released only to place and habitat by seasonal occurrence appropriate for the species.

(5) Terrestrial animals shall only be released in the county where they were acquired or found, or in an adjacent county unless specific written permission for release elsewhere is granted by the department. Release locations should consider gene pools and population dynamics including availability of appropriate food base. Release locations shall be included in annual report.

(6) Protected wildlife may not be imported from another state or another country without meeting importation permit provision allowing such activity.

(7) Rehabilitated wildlife shall be released into species appropriate habitat at a suitable time (with considerations for the season, weather conditions and time of day) which shall enhance the animal's continued survival.

K. The department may make special conditions in individual permits which are consistent with this regulation and which are necessary to carry out the intent of this regulation or New Mexico statutes.

L. A copy of the approved permit or written authorization by the permittee shall accompany any shipment or transport of wildlife and shall be available for inspection at each of the premises authorized by the permit.

M. Wildlife shall not be possessed for longer than 180 days. Any request to hold wildlife in excess of this period shall be submitted to the department in writing.

N.M. Code R. § 19.35.5.12

10/19/94; Recompiled 12/31/01