1. A. A commercial permit is required for any person or business to conduct a commercial activity on designated land and must be in the possession of the permittee while the permittee is on designated land.
2. B. Requests for commercial permits may be submitted to the department office in Santa Fe for review.
3. C. Each commercial permit shall specify the number of employees or agents authorized to conduct activities on behalf of the permittee pursuant to said permit. A copy of the commercial permit must be in the possession of the operator and every employee or agent while on designated land.
4. D. No commercial permit shall be issued until the applicant has provided proof of insurance or bond in the amount of not less than $1,000,000 naming the department, the commission and state of New Mexico as additional insureds.
5. E. Operators and their clients are subject to all applicable state and federal regulations.
6. F. Commercial permits are not transferable. A commercial permit cannot be sold or transferred for any reason. The department will not refund any portion of the commercial permit fee for any reason.
7. G. The director may limit the number and type of commercial permits in order to protect resources. The director may prescribe special requirements and conditions for commercial permits when, in his sole discretion, it is in the best interests of the state to do so. Special requirements may include, but are not limited to: limitations on use of designated land, grounds and facilities; designation of a specific area within the designated land in which an operator is allowed to operate; designation of specific days or hours during which an operator is allowed to operate; number of participants, requirements for submission of use and price data; and training requirements.
8. H. No operator shall violate any condition of the commercial permit or restriction of the designated land. Violation of the commercial permit or a restriction may result in the immediate revocation of the commercial permit. Operators shall be subject to the procedural provisions of Section 17-3-34 NMSA 1978 and Subsection C of 19.31.2.10 NMAC, and 19.31.2.11 NMAC through 19.31.2.24 NMAC.
9. I. The director may deny any application for a commercial permit.
10. J. The department shall establish the fee for each individual commercial permit it issues.

11. K. The department reserves the right to cancel or modify any commercial permit in emergency circumstances as determined by the director.

    HISTORY OF 19.34.3 NMAC:

    Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center and Archives:

    DGF 70-1, Regulation No. 510, Establishing Camping Fees on Department Controlled Lands, 1/19/70.

    DGF 70-1, Amendment No. 1, Order No. 8-70, Amending State Game Commission’s Regulation No. 510 and Repealing State Game Commission’s Regulation No. 458, 1/14/71.

    DGF 70-5, Regulation No. 515, Establishing Camping Fees on Department Controlled Lands, 4/20/70.

    DGF 71-2, Regulation No. 519, Establishing Camping Fees on Department Controlled Lands, 3/9/71.

    DGF 72-6.1, Regulation No. 537, Establishing Camping Fees on Department Controlled Lands, 6/6/72.

    DGF 72-6.1, Amendment No. 1, Order No. 4-72, Amending State Game Commission Regulation No. 537, 8/16/72.

    DGF 74-3, Regulation No. 553, Establishing Camping Fees on Department Controlled Lands, 1/11/74.

    DGF 76-3, Regulation No. 574, Establishing Camping Fees on Department Controlled Lands, 3/16/76.

    DGF 76-3, Amendment No. 1, Order No. 3-78, Amending Regulation No. 574, 2/15/78.

    DGF 79-3, Regulation No. 598, Establishing Fees, Dates and Other Rules for Use of Department Controlled Lands, 6/27/79.

    DGF 79-3, Amendment No. 1, Order No. 1-81, Amendment No. 1 to Regulation No. 598, 3/5/81.

    Regulation No. 666, Establishing Fees, Dates and Other Rules for Use of Department Controlled Lands, 3/20/89.

    Regulation No. 671, Establishing Fees, Dates and Other Rules for Use of Department Controlled Lands, 9/1/89.

    Order No. 3-84, Amendment to Regulation No. 598, 3/16/84.

    History of Repealed Material:

    19.34.3 NMAC, Use of Department of Game and Fish Lands, filed 1/18/05 - Repealed effective 10-30-09.

    19.34.3 NMAC, Use of Department of Game and Fish Lands, filed 10/30/09 - Repealed effective 6-30-16.

[19.34.3.12 NMAC - Rp, 19.34.3.14 NMAC, 6-30-2016]