N.M. Admin. Code § 19.34.7.11 - PARTICIPATION REQUIREMENTS

A. Minimum qualifications: Lands or waters eligible for enrollment in the open gate program must provide suitable fish or wildlife habitat or access to said habitat to support the recreational uses designated through an open gate agreement, and meet, at minimum, one of the following conditions:

(1) enrollment will result in increased hunting, fishing or trapping access on private land; or

(2) enrollment will provide a meaningful access corridor to large or exceptional, inaccessible blocks of state lands, federal lands or tribal lands for hunting, fishing or trapping; or

(3) enrollment may improve regional wildlife or fisheries management goals of the department which may include, but are not limited to, supplying quality or extaordinary hunting, fishing or trapping opportunities and enhancing fish or wildlife habitat conditions.

B. Enrollment process:

(1) Persons interested in enrolling in the open gate program must submit a completed application and provide proof of ownership, or if leasing the property, a copy of the lease with a notarized and signed statement from the landowner authorizing program participation.

(2) All applications are subject to a department evaluation to determine if the lands or waters proposed for enrollment satisfy the requirements found in 19.34.7.11 NMAC.

(3) If the lands or waters do not meet the requirements, the applicant will be notified that the application does not qualify for participation in the open gate program.

(4) If the department determines the lands or waters meet the requirements, the department and landowner may negotiate an open gate access agreement.

Notes

N.M. Admin. Code § 19.34.7.11

19.34.7.11 NMAC - N, 9-30-2010; A, 7-31-2012