1. A. The director may enter into open gate access agreements for hunting, fishing, trapping or other recreational endeavors to take place on private land with suitable habitat to support the recreational uses, or to provide a right-of-way corridor through private land or tribal land to large, inaccessible blocks of public lands meeting the conditions of 19.34.7.11 NMAC.

   (1) Such access agreements shall include the name of the landowner, map of the property, the permitted uses, property rules, responsibilities of the landowner and department, term, amount of compensation, the liability clauses for the department and landowner, with signatures of the director and landowner.

   (2) Landowners shall agree participation is voluntary and enrollment is contingent on the annual availability of funds.

   (3) All renewals of open gate access agreements shall be subject to annual review per the requirements found in 19.34.7.11 NMAC.

2. B. Subject to consideration for access rights granted by the landowner, the landowner shall be paid a fee pursuant to commission approved fee schedule or as otherwise approved by the director for unique circumstances.
3. C. To enhance wildlife habitat and provide a more quality hunting, fishing and trapping experience on participating properties, the department may provide additional financial and technical incentives for wildlife habitat improvements undertaken by the landowner. The terms and conditions of such improvements and incentives shall be negotiated between the landowner, the department and local, state, or federal partners as appropriate.
4. D. Amendments of an existing open gate access agreement may only be done by mutual consent of the department and landowner, in writing.
5. E. False representation of a property’s rightful ownership is grounds for legal action and will result in immediate termination of the access agreement.

[19.34.7.10 NMAC - N, 10-31-2005; A, 9-28-2007; A, 9-30-2010; A, 7-31-2012]