N.M. Code R. § 19.35.5.7

Current through Register Vol. 35, No. 16, August 27, 2024
Section 19.35.5.7 - DEFINITIONS
A. "Agent": A person authorized to assist a permittee in performing rehabilitation functions, including transport or rehabilitation of wildlife, provided there is an employment or direct supervisory relationship between the permittee and the agent.
B. "Apprentice": A person in training who assists in all rehabilitation functions including, but not limited to, maintenance, transport and record keeping under the direct supervision of the permittee or co-permittee.
C. "Captive releases": Release of wildlife to an enclosed area from which the animal is not likely to be able to leave at will.
D. "Co-Permittee (sub-permittee)": A person holding all rights and responsibilities under a permit with another person.
E. "Department": The New Mexico department of game and fish.
F. "Director": The chief administrator for the department of game and fish.
G. "Endangered species": Any species listed or described by the department pursuant to the New Mexico department of game and fish statutes or regulations.
H. "Holding": Retaining in captivity.
I. "Human imprinting or human bonding": An abnormal dependency or fixation upon humans as parent substitutes or as companions resulting from too much association with humans at an early age.
J. "Migratory birds": A bird listed under or pursuant to the Migratory Bird Treaty Act ( 16 United States Code 703 - 712 ).
K. "Non-releasable animal": An injured animal, which after rehabilitation is determined to be unlikely to survive in the wild if released.
L. "Permit": The document issued under this regulation for a person(s) to conduct activities as authorized by the department of game and fish.
M. "Permitted rehabilitator": The person who holds a valid current permit from any state and a federal permit.
N. "Permittee responsibility": The responsibility that a permit holder or co-permit holder has to direct the actions of an individual under his or her control, and for which that supervisor accepted legal responsibility.
O. "Protected wildlife": A species, the possession or taking of which is controlled, regulated or prohibited by state or federal law or regulation. Specifically excluded from this definition are rock doves, European starlings, house sparrows, and domestic animals occuring in the wild.
P. "Rehabilitation": The temporary caring for injured, orphaned, sick or otherwise incapacitated wildlife until such animals can be released to the wild.
Q. "Release to the wild": Release of wildlife to an area where it is capable of leaving at will.
R. "Taking": The act of hooking, netting, snaring, trapping, pursuing, shooting, killing or capturing by any means or device and includes the attempt to take by the use of any method.
S. "Transportation": The transfer of captive protected wildlife by an individual(s) to a permit holder.

N.M. Code R. § 19.35.5.7

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