N.M. Code R. § 19.35.5.8 – Applications and Permits

A. Applications shall be filed on forms supplied by the department.
B. Applications shall contain a verified or sworn statement by the applicant attesting to the truth of the facts stated in the application.
C. Applications shall be made in the name of an adult person (18 years and older).
D. Permits shall be issued under the authority of the director or his/her designee.
E. Applications for permits, renewals and amendments shall provide the following information:
(1) Personal information which allows the identification of the applicant including full name, date of birth, home address and facility address;
(2) Each new application shall be supported by references from two verifiable, acknowledged, and permitted animal rehabilitation authorities who have known the applicant for at least 2 years and who attest to the applicant's ability to handle and care for protected wildlife in a humane and effective manner;
(3) A verified or sworn statement attesting to the truth of the facts stated in the application;
(4) Any other information determined by the department to be necessary to review the application.
F. Permits may not be issued until the applicant's facilities have satisfactorily passed an inspection conducted by a representative of the director.
G. Any person holding a permit which authorizes holding of live protected wildlife shall provide for appropriate humanitarian care.
H. Permits for the taking or holding of migratory bird species shall not be valid unless the permit holder also simultaneously applies for, obtains and maintains a valid federal permit.
I. Permits will only be issued to applicants that have demonstrated the ability and intent to correctly identify, properly record and humanely and knowledgeably care for and treat wildlife for the purpose of returning it to the wild or properly disposing of non-releasable animals. The applicant must demonstrate formal education, training and/or actual experience in wildlife rehabilitation for which permit authority is sought. A written or practical exam will be given to applicants in addition to requirements for references as one method of determining abilities.
J. All protected wildlife, their offspring and their parts taken or held under the authority of a permit remain the property of the state of New Mexico. The department retains the authority to seize or direct the disposition of such specimens.
K. Protected wildlife held under the authority of a rehabilitation permit may not be sold, bartered or exchanged. They may only be disposed of or released as prescribed by permit provision. Disposition or release shall be reported to the department in a manner prescribed by this regulation or by permit.
L. An initial permit shall be issued for one (1) year. Renewal of permit may be issued for any period of time not exceeding three (3) years from date of issuance.
M. Permits will be authorized to handle specific classes of wild animals for rehabilitation purposes. Handling any class of wildlife not authorized by the permit for longer than 48 hours while searching for appropriate placement is a violation.
[10/19/94; Recompiled 12/31/01]