Avian Flu Regulations in New Mexico: What Every Poultry Owner Needs to Know

Bird flu has reached New Mexico more than once, and the regulatory framework surrounding it directly affects every poultry owner in the state — from large commercial operations to backyard flock keepers with a handful of chickens. Understanding what the rules require, who enforces them, and what happens when an outbreak occurs is not optional; it is the foundation of responsible flock ownership.

This guide walks you through the key avian flu regulations in New Mexico, covering how the virus is classified, what biosecurity and reporting obligations apply to you, how quarantine and movement restrictions work, and what compensation you may be entitled to if your birds are depopulated.

HPAI vs. LPAI: Understanding Avian Flu Classifications in New Mexico

Not all avian influenza strains pose the same level of threat, and the regulatory response you face depends heavily on which type of virus is involved. Caused by influenza type A viruses, avian influenza varies in severity depending on the strain and species affected. Regulators divide these strains into two broad categories based on how dangerous they are to domestic birds.

Highly pathogenic avian influenza (HPAI) strains are deadly to domestic poultry and can wipe out entire flocks within a matter of days, while low pathogenicity avian influenza (LPAI) strains typically cause few or no signs of illness. LPAI occurs naturally in wild birds and can spread to domestic birds; in most cases it causes no signs of infection or only minor symptoms.

Avian influenza viruses are classified by a combination of two groups of proteins — hemagglutinin (“H” proteins, H1–H16) and neuraminidase (“N” proteins, N1–N9). Many different combinations are possible, and each combination is considered a different subtype that can be further broken down into strains circulating within flyways and geographic regions. AI viruses are further classified by their pathogenicity — the ability of a particular virus strain to produce disease in domestic poultry.

Most of the highly pathogenic AI viruses fall under types H5 or H7; however, most AI infections, including those typed as H5 or H7, are clinically of low pathogenicity. Aside from the possible mutation of low-pathogenicity strains under field conditions into high-pathogenicity strains, the presence of low-pathogenicity virus can also result in restrictions on exports and serious repercussions on the production economy.

The regulatory difference between HPAI and LPAI is significant in practice. There is no treatment for HPAI — the only way to stop the disease is to depopulate all affected and exposed poultry. Because LPAI does not typically kill poultry the way HPAI does, there may be control options beyond depopulation — for example, quarantine or controlled marketing may also be appropriate, and federal and state officials will work with you to determine what options are available.

Premises Registration Requirements for Poultry Owners in New Mexico

Registering your premises is a foundational step in New Mexico’s avian disease response system. When an outbreak occurs, state and federal officials need to know where poultry flocks are located so they can conduct surveillance, issue movement permits, and respond quickly. Without registration, your operation is invisible to that system — and that works against you as much as it works against regulators.

The New Mexico Department of Agriculture (NMDA) works in coordination with the New Mexico Livestock Board and USDA APHIS to maintain premises records for poultry operations across the state. Both commercial producers and backyard flock owners are encouraged to register their premises through the National Premises Identification System, which assigns a unique Premises Identification Number (PIN) to each registered location.

The National Poultry Improvement Plan (NPIP) is a voluntary State-Federal cooperative testing and certification program to enhance biosecurity and improve poultry and poultry products. Participation in NPIP is strongly recommended for New Mexico producers, as enrollment establishes a formal record of your flock’s health status and biosecurity practices — records that become critical during an outbreak response.

To register your poultry premises or enroll in NPIP in New Mexico, contact the State Veterinarian’s office at 505-841-6161 or the USDA APHIS Veterinary Services Albuquerque office at 505-313-8050. You can also reach USDA APHIS nationally at 1-866-536-7593. Keeping your premises registration current ensures you receive timely alerts about nearby outbreaks and are included in official surveillance and response activities. Producers interested in other livestock regulatory frameworks will find that premises registration is a common requirement across species and states.

Biosecurity Requirements for Commercial and Backyard Flocks in New Mexico

Biosecurity is the single most effective tool available to prevent HPAI from reaching your birds. Avian influenza viruses spread through direct, bird-to-bird contact and can also spread via contaminated surfaces or materials, such as manure, egg flats, crates, or other farming materials and equipment, and people’s clothing, shoes, or hands. That means biosecurity must address both the birds themselves and everything that moves in and out of your operation.

USDA APHIS recommends that bird owners take immediate steps to protect their flocks: house birds indoors or in wildlife-proof enclosures when possible, prevent contact between your birds and wild birds, clean and disinfect equipment and clothing after contact with poultry, limit visitors to your flock and use dedicated footwear around birds, and monitor your flock for unusual deaths or illness.

For commercial operations, biosecurity requirements are more structured. Implementation of effective biosecurity measures throughout various stages of poultry production not only reduces the risk of HPAI incidence, but also establishes a legal basis for compensation in the event of flock loss due to HPAI. Robust biosecurity protocols also help limit the spread of the disease in the event of an HPAI outbreak.

• Access control: Limit entry to authorized personnel only; provide clean footwear and clothing to any required visitors
• Sanitation stations: Footbaths at entrances, designated areas to change clothing, and regular disinfection of vehicles and equipment
• Wild bird exclusion: Screens, mesh, and enclosures that prevent wild birds from sharing food, water, or airspace with your flock
• Bird feeder removal: During HPAI outbreaks, people with backyard flocks are advised to temporarily remove bird feeders to prevent wild birds from congregating and potentially spreading the disease to their birds.
• Record-keeping: Maintain logs of all personnel, vehicle movements, and mortality events on the premises

APHIS Veterinary Services works with producers to review structural and operational biosecurity plans and practices. Structural biosecurity includes measures used to construct and maintain coops, pens, poultry houses, and other facilities. Operational biosecurity includes practices, procedures, and policies that farm owners and workers follow consistently.

Adherence to an approved Biosecurity Plan, made according to the National Poultry Improvement Plan (NPIP) principles, is essential for obtaining permits to move poultry and poultry products during an HPAI outbreak. This connection between biosecurity compliance and movement permits makes maintaining a documented plan a practical necessity, not just a regulatory formality. Owners managing other avian diseases such as avian tuberculosis will recognize many of these same biosecurity principles at work.

Reporting Sick or Dead Birds in New Mexico

Timely reporting is one of the most important obligations you have as a poultry owner in New Mexico. Because you will only be indemnified for live birds and HPAI spreads quickly and can be fatal to flocks, it is critical that you report sick birds immediately and begin the indemnity process quickly if you have an infected flock. Delayed reporting does not just jeopardize your compensation — it allows the virus to spread to neighboring operations.

If you observe sudden unexplained deaths, a sharp drop in egg production, or neurological symptoms such as tremors or inability to stand in your birds, contact officials immediately using the following channels:

• New Mexico State Veterinarian: 505-841-6161
• USDA APHIS (New Mexico): 505-313-8050
• USDA APHIS (National toll-free): 1-866-536-7593
• Albuquerque/Bernalillo County residents: 311

Animal health professionals — including veterinarians, diagnostic laboratories, and public health, zoo, or wildlife personnel — report diagnosed or suspected cases of nationally listed reportable animal diseases to APHIS Area Veterinarians in Charge and to the State animal health official as applicable under State reporting regulations. If you work with an accredited veterinarian, they carry their own reporting obligations independent of yours.

For wild birds found dead on your property, the process is slightly different. If you find a dead bird on your property, do not touch the bird. Contact your local New Mexico Department of Game and Fish game warden if birds are experiencing neurological symptoms such as tremors or inability to stand. Accredited veterinarians who submit samples to National Animal Health Laboratory Network (NAHLN) labs upon the State Veterinarian’s direction and approval are eligible to have the samples tested at no cost as part of the response.

Poultry owners who also keep other livestock should be aware that other reportable avian diseases like avian chlamydiosis carry similar mandatory reporting requirements under New Mexico law.

New Mexico’s Current HPAI Status and Active Outbreak Zones

New Mexico has experienced multiple confirmed HPAI detections across different animal populations and counties. Understanding where the virus has been detected helps you assess your own risk level and stay alert during high-risk periods such as fall and spring bird migration seasons.

As of February 28, 2025, the New Mexico Department of Agriculture detected HPAI in a non-commercial backyard poultry flock in Bernalillo County, and state officials quarantined the affected premises. Over 40 birds from a nearly 50-bird flock — including chickens, ducks, and geese — died in that incident.

USDA last confirmed a wild bird avian influenza case in New Mexico in March 2025, from a great horned owl in Chaves County. The USDA reported 339 domestic bird H5N1 deaths in the February through April 2025 period from flocks in Roosevelt, Curry, Valencia, and Bernalillo counties.

New Mexico also reported nine dairy herds in Curry County that tested positive in April 2024, and began milk testing its cattle in February 2025 following the rollout of a federal program. Since 2023, more than 90 New Mexico mammals have contracted the virus, mostly mice collected from infected dairies.

Elin Crockett, a wildlife veterinarian for the New Mexico Department of Game and Fish, noted that the state’s current focus is on monitoring for unusual mortality events, particularly among waterfowl, raptors, and scavengers, as migration seasons progress. APHIS will continue to announce the first case of HPAI in commercial and backyard flocks detected in a state, and all cases in commercial and backyard flocks are listed on the APHIS website. You should check that listing regularly during active migration periods.

Poultry Movement and Quarantine Restrictions in New Mexico

When HPAI is detected, movement of poultry, poultry products, and related equipment becomes tightly regulated within and around the affected area. These restrictions are designed to prevent the virus from spreading beyond the initial detection zone, and they apply regardless of whether your birds have tested positive.

State officials quarantine the affected premises as soon as a detection is confirmed. From that point, a defined geographic control area is established around the infected premises. Within that area, movement is subject to strict permitting requirements.

The New Mexico Livestock Board offers information about import permits for shipments coming to New Mexico originating in HPAI-impacted states. If you are bringing birds into New Mexico from a state with active HPAI detections, you must obtain the appropriate import permit before those birds cross the state line. Contact the New Mexico Livestock Board directly to determine current permit requirements based on the origin state’s status.

Adherence to an approved Biosecurity Plan made according to NPIP principles is essential for obtaining permits to move poultry and poultry products during an HPAI outbreak. Without a documented biosecurity plan on file, movement permits may be denied. Key movement restrictions to understand include:

1. Infected Zone: No movement of live birds, hatching eggs, or used poultry equipment without explicit USDA/state approval
2. Buffer Zone (minimum 7 km around infected zone): APHIS requires a biosecurity audit for commercial poultry premises located within buffer zones before movement of poultry onto the premises, if the owner wishes to be eligible for future indemnity.
3. Interstate movement: Birds moving out of New Mexico to other states require a Certificate of Veterinary Inspection and may require HPAI testing depending on the destination state’s requirements
4. Vehicles and equipment: Trucks, crates, and equipment that have been on an infected premises must be cleaned and disinfected before leaving

Dairy herds interested in actively monitoring for the presence of HPAI are encouraged to contact the State Veterinarian or the USDA Area Veterinarian in Charge about enrolling in the USDA voluntary herd status program. This proactive program is free of charge and allows for routine testing of the entire milking herd. Herds that achieve “monitored unaffected” status are allowed to move cattle interstate without any additional HPAI testing. A similar principle applies to poultry — documented health status facilitates movement approvals. Owners familiar with livestock movement regulations in other states will recognize the permit-based framework used here.

Flock Depopulation and Compensation Rules in New Mexico

If HPAI is confirmed on your premises, depopulation of the affected and exposed flock is the required response under both federal and state protocols. This is not a decision left to the producer — it is a mandatory regulatory action. However, federal law provides a compensation framework to help offset your losses.

The Animal Health Protection Act authorizes APHIS to provide indemnity payments to producers for birds and eggs that must be depopulated during a disease response. APHIS also provides compensation for disposal activities and virus elimination activities.

The depopulation process follows a defined sequence:

1. Confirmation of HPAI at a NAHLN laboratory produces a “presumptive positive” result
2. NVSL in Ames, Iowa conducts final confirmation testing
3. A USDA case manager is assigned to you and serves as your liaison with APHIS throughout the entire process.
4. USDA covers the cost of depopulating and disposing of HPAI-affected flocks; in most cases, USDA or its contractors carry out these activities and pay the costs directly.
5. You receive payment from USDA via direct deposit in about 2–3 weeks after completing the required paperwork.

APHIS offers two methods to reimburse producers for the depopulation and/or disposal of birds affected with HPAI — the D&D Flat Rate method or the Detailed Financial Plan method. Producers should use the available decision tool to determine which reimbursement method is most advantageous. APHIS will also compensate you for materials such as contaminated feed or egg packaging that must be destroyed because they cannot be safely or adequately cleaned, but your Field Reimbursement Specialist must review and approve these items in writing before you remove or disassemble them.

Critically, biosecurity compliance directly affects your eligibility for compensation. APHIS has established requirements for certain poultry premises to complete a biosecurity audit as a condition for receiving indemnity payments for poultry depopulated because of an HPAI outbreak. If your commercial poultry operation has been confirmed positive for HPAI, you must pass an Infected Premises Restock Biosecurity Audit before restocking if you wish to be eligible for indemnity for the restocked poultry.

APHIS will not pay indemnity for flocks moved onto premises in active infected zones if the flocks become infected with HPAI within 14 days following the dissolution of the control area around an active infected premises. A producer who does not make corrections recommended in APHIS’s biosecurity audit will not be eligible for indemnity payments if the premises experiences future infections within the same outbreak.

Penalties for Non-Compliance in New Mexico

Failing to meet your regulatory obligations under New Mexico’s avian flu framework carries real consequences — both financial and legal. The penalties are designed to deter the behaviors most likely to spread disease: failure to report, unauthorized movement of birds, and willful disregard of quarantine orders.

At the federal level, violations of USDA APHIS regulations — including failure to comply with federal quarantine orders or movement restrictions — can result in civil penalties under the Animal Health Protection Act. These penalties can reach significant dollar amounts per violation per day for ongoing non-compliance. Federal authorities can also seek injunctive relief to stop prohibited movement of animals or poultry products.

At the state level, the New Mexico Livestock Board and the New Mexico Department of Agriculture have enforcement authority over poultry operations. Violations of state animal disease reporting requirements and quarantine orders are subject to administrative penalties under New Mexico statutes governing livestock disease control. Producers who move birds in violation of a state quarantine order may also face civil liability if their actions contribute to spread of the disease to neighboring operations.

Beyond direct penalties, non-compliance has indirect financial consequences that can be just as severe:

• Loss of indemnity eligibility: Producers who fail to maintain biosecurity plans consistent with NPIP standards, or who do not pass required biosecurity audits, may be disqualified from receiving USDA indemnity payments for depopulated birds
• Movement permit denial: Operations without documented biosecurity compliance may be denied permits to move birds during an active outbreak, effectively halting their business
• Restock restrictions: Commercial poultry premises are required to successfully pass a biosecurity audit prior to restocking if they were previously HPAI-infected and wish to be eligible for indemnity for the restocked poultry. Failure to pass that audit means you cannot legally restock and receive federal financial protection simultaneously

If we hope to control the spread and eventually eradicate this HPAI virus, all segments of the industry will need to follow comprehensive and stringent biosecurity practices on an ongoing basis. Compliance is not just about avoiding penalties — it is about protecting your operation, your neighbors, and the broader agricultural economy of New Mexico.

Producers who want to stay current on regulatory developments across animal agriculture should also review livestock boarding regulations and other state-level frameworks, as multi-species operations face overlapping compliance obligations. For those interested in wildlife disease monitoring alongside poultry regulations, resources on avian tuberculosis and avian chlamydiosis provide useful context on how New Mexico approaches reportable bird diseases more broadly.

Staying compliant with avian flu regulations in New Mexico means keeping your premises registered, your biosecurity plan current, your reporting timely, and your movement permits in order. The regulatory system is built to support producers who engage with it — and to hold accountable those who do not.