New
Mexico Register / Volume XXXVII, Issue 7 / April 7, 2026
This
is an amendment to 19.30.9 NMAC, sections 1, 3, 7, 8 & 9 effective 4/7/2026.
19.30.9.1 ISSUING
AGENCY: New Mexico Department of [Game and Fish]
Wildlife.
[19.30.9.1 NMAC -
Rp, 19.30.9.1 NMAC, 4/1/20; A, 4/7/2026]
19.30.9.3 STATUTORY
AUTHORITY: Sections 17-1-14, 17-3-5, 17-3-7, and 17-3-12
NMSA 1978 provide that the New Mexico state [game] wildlife
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.
[19.30.9.3 NMAC -
Rp, 19.30.9.3 NMAC, 4/1/2020; A, 4/7/2026]
19.30.9.7 DEFINITIONS:
A. "Vendor"
shall mean any owner(s) of a private or public business concern authorized by
the New Mexico department of [game and fish] wildlife to sell
license documents.
B. "Carcass
tag" shall mean any tag form provided to the vendor by the Department
of [Game and Fish] Wildlife that authorizes a person to legally
possess big-game species or turkey killed in New Mexico.
C. "Financial
obligation" shall mean any dollar value owed to the Department,
including penalty fees for unreturned carcass tags and payments for cash sales.
D. "License
year" shall mean the period of April 1 through March 31.
E. "Hearing
officer" shall mean the official designated by the department for the
purpose of conducting revocation hearings and providing recommendations to the
state [game] wildlife commission, relating to the suspension of
hunting and fishing license vendors.
[19.30.9.7 NMAC -
Rp, 19.30.9.7 NMAC, 4/1/2020; A, 4/7/2026]
19.30.9.8 LICENSE
VENDORS:
A. Financial Obligations
to the Department of [Game and Fish] Wildlife:
(1) The department will consign carcass
tags to each vendor prior to the beginning of each license year, and will
conduct an audit at the end of the license year to account for all carcass tags
not issued to customers. All carcass tags designated unusable in any month
during the license year must be returned to the department no later than the 10th
day of the next month, and all blank, unused carcass tags must be returned to
the department at the end of the license year no later than May 10.
(2) A
fee of $100 per missing carcass tag shall be levied upon the license vendor for
failure to return any carcass tag designated unusable or any blank, unused
carcass tag as required.
(3) Each vendor accepting cash payments, must submit payment for cash sales
to the department every two weeks or when the total amount due (including
license and vendor fees) reaches $5,000, whichever comes first.
(4) If a vendor is more than five days
delinquent in its payment for cash sales, the privilege to accept cash for
department licenses and permits shall be immediately suspended, and the
department shall only reactivate the vendor’s full license sale privilege once
payment is received in full.
(5) A
vendor that is delinquent more than three times in a license year shall be
evaluated by the director, who shall determine whether to suspend, restrict or
place conditions on the vendor’s privileges pursuant to Subsection C of
19.30.9.8 NMAC.
(6) Any vendor that has their
privileges suspended, restricted, or conditioned may request a hearing before a
hearing officer to appeal the director’s determination. Any vendor that does not request a hearing
agrees to pay to the department the appropriate amount as specified in
Paragraphs (1) – (3) of Subsection A of 19.30.9.8 NMAC within [ten (10)]
10 working days and to comply with the director’s determination. If a vendor requests
a hearing as provided by this rule, the department, within 20 days of receipt
of such request, shall notify the vendor of the time and place of the hearing
and the name or names of the person or persons who shall conduct the hearing
for the commission. The hearing shall be
held not more than 90 or less than 30 days from the date of service of such
notice unless a continuance is granted to either party by the hearing officer.
(7) In the case of unusual mitigating or
extraordinary circumstances, the state [game] wildlife commission
may determine, and the hearing officer may recommend, financial obligation in
an amount other than the amounts described in Paragraphs (1) – (3) of
Subsection A of 19.30.9.8 NMAC. The
decision of the state [game] wildlife commission shall be final.
(8) Vendors,
whether active or inactive, shall meet all financial obligations due to the
department. Costs to collect overdue financial obligations may be added to the
total obligation.
B. Vendor eligibility, application and
procedures:
(1) Each
vendor must sign a current license vendor agreement with the department on a
form approved by the department annually.
(2) Each
vendor shall participate in the department’s web-based sales system and follow
the procedures set forth in the most current New Mexico department of [game
and fish] wildlife license vendor manual and vendor agreement.
(3) Each new vendor, or any vendor who has
been inactive for one year or more, shall submit a vendor application form, a
current credit score (provided by a credit reporting company), and shall be
subject to a background check conducted by the department.
(4) A vendor applicant’s ability to
meet the financial obligations herein shall be evaluated and their privileges
may be subject to restrictions or conditions pursuant to Subsection C of
19.30.9.8 NMAC.
(5) A vendor applicant who has a felony
conviction may be subject to restrictions or conditions placed on their vendor
privileges pursuant to Subsection C of 19.30.9.8 NMAC.
(6) A
vendor applicant who has their hunting, fishing or trapping license privileges
currently revoked or suspended or who has an outstanding civil assessment owed
to the department shall be ineligible to be a vendor.
(7) A
vendor applicant who wishes to challenge any eligibility determination under
this rule, may appeal to the director whose determination will be final and not
subject to further appeal.
C. Director’s authority: The director may
suspend, restrict or place conditions, including requiring a surety bond, on a
license vendor’s privileges if the vendor is found to be in violation of their
vendor agreement or delinquent in their financial obligation to the department. If such a determination is made, a notice of
the suspension, restriction(s), or condition(s) shall be sent to the vendor
within 10 days of the director’s determination. A vendor may request a hearing
pursuant to this rule to challenge the determination.
D. Vendor fee payments:
(1) The
department will pay the vendor fees earned by the vendor for the previous month
license sales, no later the 10th business day of the next month, to the vendor,
(2) The
vendor shall be required to be registered in the state of New Mexico’s central
accounting system.
[19.30.9.8 NMAC -
Rp, 19.30.9.8 NMAC, 4/1/2020; A, 4/7/2026]
19.30.9.9 ESTABLISHING
CERTAIN LICENSES, PERMITS, CERTIFICATES AND FEES:
|
Type |
Further description |
Fee |
|
License
vendor fee |
Per
transaction vendor fee |
$2.00 |
|
Additional
carcass tag issuance fee (per tag) |
$1.00 |
|
|
Certificate
of application |
NM
resident draw application fee |
$7.00 |
|
Non-resident
draw application fee |
$13.00 |
|
|
Wildlife
conservation stamp |
Share
with wildlife |
$10.00 |
|
Duplicate
license |
$6.00 |
|
|
Landowner
authorization certificate |
$9.00 |
|
|
Migratory
bird permit |
Harvest
information program (HIP) |
$0.00 |
|
Big
game depredation damage stamp |
NM
resident |
$3.00 |
|
Non-resident |
$10.00 |
|
|
Public
land user stamp |
Habitat
stamp |
$5.00 |
|
Bait
dealers |
$21.00 |
|
|
Commercial
fishing |
$25.00 |
|
|
Importation
fish |
Annual application processing fee |
$25.00 |
|
Additional stocking and shipment fee |
$6.00 |
|
|
Retention |
$1.25 |
|
|
Transportation |
$0.00 |
|
|
Triploid
grass carp |
$25.00 |
|
|
Airborne
hunting |
$10.00 |
|
|
Class
A lake aquaculture/recirculating water system |
Up
to 75 fish or 750 gallons |
$20.00 |
|
76
to 150 fish or 751 to1500 gallons |
$40.00 |
|
|
Over
150 fish or over 1500 gallons |
$100.00 |
|
|
Call
pen |
$15.00 |
|
|
Class
A lake |
$101.00 |
|
|
Class
A lake |
Additional
lake |
$26.00 |
|
Class
A park |
$501.00 |
|
|
Commercial
collecting |
Reptiles
and amphibians |
$50.00 |
|
Educational
use of wildlife |
Application,
renewal or amendment |
$15.00 |
|
Falconry |
Application
or renewal for 3 years |
$25.00 |
|
Field
trial/importation |
$15.00 |
|
|
Game
bird propagation |
$10.00 |
|
|
Protected
mammal |
$10.00 |
|
|
Scientific
use of wildlife |
Application |
$15.00 |
|
Renewal
or amendment |
$15.00 |
|
|
Shooting
preserve |
$200.00 |
|
|
Zoo |
No
fee |
$0.00 |
|
Importation
non-domesticated animals per calendar year (1/1 to 12/31) except protected
ungulates, game birds, fish or other |
Class
1 importation of 1 to 5 animals |
$25.00 |
|
Class
2 importation of 6 to 99 animals |
$75.00 |
|
|
Class
3 importation of greater than 100
animals |
$300.00 |
|
|
Importation other |
One time import (i.e., temporary importation,
exhibition, game birds, restoration/recovery, etc.) |
$20.00 |
|
Importation
protected ungulate |
Initial
application/source & up to 2 animals (valid 6 months) |
$500.00 |
|
For
additional animals, not to exceed 30 ungulates from the same source
property/owner (if no acquisitions to source herd during
6 month period of validity) |
$50.00 per animal |
|
|
For
greater than 30 ungulates from the same source property/owner (if no
acquisitions to source herd during 6 months period
of validity). |
$5.00 per animal |
[19.30.9.9 NMAC -
Rp, 19.30.9.9 NMAC, 4/1/2020; A, 4/7/2026]