1. A. Academic research activities, including plant and animal collecting, are allowed in a park if the person or entity has obtained a research permit through the division’s resource program.

2. B. The division shall deny a research permit if such activities would:

   1. (1) cause undue injury or damage to park resources;
   2. (2) be contrary to the purposes for which the park is established or operated; or unreasonably impair the purposes for which the park is established or operated;
   3. (3) unreasonably interfere with interpretive, visitor service or other program activities, or with the division’s administrative activities;
   4. (4) substantially impair the operation of the division’s public use facilities or services of concessionaires or contractors;
   5. (5) present a danger to the public health and safety;
   6. (6) result in significant conflict with other existing uses;
   7. (7) not comply with the laws or policies of the landowner (e.g. United States department of the interior, bureau of reclamation; New Mexico department of game and fish; United States army corps of engineers; New Mexico state land office, etc.); or
   8. (8) not comply with federal or state laws concerning threatened and endangered species or cultural resources.

3. C. As a condition of the research permit’s issuance, the division may require:

   1. (1) the acquisition of liability insurance in which the state, department and division, and if applicable the landowner (e.g. United States department of the interior, bureau of reclamation) from which the division leases the land or reservoir, are named as co-insured in an amount sufficient to protect the state, the department and the division, and if applicable the landowner; or
   2. (2) the permittee to submit to the resource program a written report summarizing the data collected within six months of completion of the permitted activity.
4. D. The research permit may contain such conditions as are reasonably consistent with protection and use of the park for the purposes for which it is established or operated. It may also contain reasonable limitations on the equipment used and the time and area within which the research activity is allowed.

5. E. The park may charge fees to cover costs of additional staff, facilities, etc. needed for the research activities.

   History of 19.5.2 NMAC:

   Pre NMAC History: The material in this part was derived from that previously filed with the commission of public records - state records center and archives.

   SPRD 67-1, Rules and Regulations, 07/17/1967;

   SPRD 68-1, New Mexico Pleasure Boating Requirements and State Park Regulations, 10/17/1968;

   SPRD 69-1, New Mexico Pleasure Boating Requirements and State Park Regulations, 09/11/1969;

   SPRD 71-1, New Mexico Pleasure Boating Requirements and State Park Regulations, 11/10/1971;

   SPRD 72-1, New Mexico Pleasure Boating Requirements and State Park Regulations, 06/05/1972;

   SPRD 73-3, New Mexico Pleasure Boating Requirements and State Park Regulations, 09/14/1973;

   SPRD 74-1, New Mexico Pleasure Boating Requirements and State Park Regulations, 02/19/1974;

   SPRD 75-1, New Mexico State Park and Recreation Commission Regulations, New Mexico Boating Law, 1975 Edition, 02/24/1975;

   SPRD 77-1, New Mexico State Park and Recreation Commission Regulations, New Mexico Boating Law, 1977 Edition, 04/15/1977;

   SPRD 79-1, New Mexico Park Regulations and Boating Laws, 07/31/1979;

   SPRD 82-1, New Mexico Park Regulations and Boating Laws Revised in 1981, 05/17/1982;

   NRD 86-1, Prohibition of Alcoholic Beverages Within Designated Areas of Bottomless Lakes State Park, 06/30/1986;

   SPRD 87-1, New Mexico State Park Regulations and Boating Laws, Revised in 1987, 05/06/1987;

   EMNRD PRD 89-2, New Mexico State Park Regulations, 12/21/1989.

   History of Repealed Material:

   19.5.2 NMAC, Park Visitor Provisions (filed 12/12/2002) repealed 1/1/2008.

   Other History:

   NRD 86-1, Prohibition of Alcoholic Beverages Within Designated Areas of Bottomless Lakes State Park, filed 06/30/1986 and EMNRD PRD 89-2, New Mexico State Park Regulations, filed 12/21/1989 were renumbered, reformatted and replaced by 19 NMAC 5.2, Park Visitor Provisions, filed 12/17/1996.

   19 NMAC 5.2, Park Visitor Provisions (filed 12/17/1996) renumbered, reformatted, amended and replaced by 19.5.2 NMAC, Park Visitor Provisions; effective 12/31/2002.

   19.5.2 NMAC, Park Visitor Provisions (filed 12/12/2002) replaced by 19.5.2 NMAC, Park Visitor Provisions, effective 1/1/2008.

[19.5.2.43 NMAC - Rn, 19.5.2.42 NMAC, 6/25/2019]