TITLE 19 NATURAL
RESOURCES AND WILDLIFE
CHAPTER 30 WILDLIFE
ADMINISTRATION
PART 14 AQUATIC
INVASIVE SPECIES
19.30.14.1 ISSUING
AGENCY: New
Mexico Department of Game and Fish.
[19.30.14.1
NMAC - Rp, 19.30.14.1 NMAC, 7-11-2017]
19.30.14.2 SCOPE: Providing for the control and
prevention of the spread of aquatic invasive species in New Mexico.
[19.30.14.2
NMAC - Rp, 19.30.14.2 NMAC, 7-11-2017]
19.30.14.3 STATUTORY
AUTHORITY:
Chapter 17, including 17-1-14 and 17-1-26 NMSA 1978 provide that the New Mexico
state game commission has the authority to establish rules and regulations that
it may deem necessary to carry out the purpose of Chapter 17 NMSA 1978 and all
other acts pertaining to aquatic invasive species.
[19.30.14.3
NMAC - Rp, 19.30.14.3 NMAC, 7-11-2017]
19.30.14.4 DURATION: Permanent.
[19.30.14.4
NMAC - Rp, 19.30.14.4 NMAC, 7-11-2017]
19.30.14.5 EFFECTIVE
DATE: July 11,
2017, unless a later date is cited at the end of a section.
[19.30.14.5
NMAC - Rp, 19.30.14.5 NMAC, 7-11-2017]
19.30.14.6 OBJECTIVE: To establish and define the
procedures and restrictions for controlling or preventing aquatic invasive
species.
[19.30.14.6
NMAC - Rp, 19.30.14.6 NMAC, 7-11-2017]
19.30.14.7 DEFINITIONS:
A. “Department”
shall mean the New Mexico department of game and fish.
B. “Director” shall
mean the director of the New Mexico department of game and fish.
C. “Warning tag” as
used herein, shall mean a document or tag issued by the department or other
state or federal agency and affixed to a conveyance or equipment that prohibits
a conveyance or equipment from entering into a water body until being properly
decontaminated or otherwise approved for re-entry.
D. “Impound” shall
mean to detain or subject to temporary control of the state other than
detention for purposes of inspection a conveyance or equipment until the owner
or person in control thereof shall meet all conditions for release of such
conveyance or equipment.
E. “Decontaminate”
shall mean to clean, drain, dry or otherwise treat a conveyance in accordance
with guidelines established by the director, including minimum standards as described
in the uniform minimum protocols and standards for watercraft inspection
program for dreissenid mussels in the western United
States (2012) or versions thereafter in order to remove or destroy an aquatic
invasive species.
F. “Proof of
decontamination” shall mean verifiable documentary proof, official marking
or tag affixed to the conveyance or equipment, or otherwise provided to the
owner or person in control of a conveyance or equipment trained personnel to
effect decontamination of the conveyance or equipment, or otherwise demonstrate
compliance with the decontamination requirement established by the director;
such certification shall be valid only until the conveyance or equipment
re-enters a water body.
G. “Trained personnel”
means individuals who have successfully completed the United States fish and
wildlife service’s aquatic invasive species watercraft inspection and
decontamination training, level I, level II or an equivalent training
recognized by the director.
H. “Watercraft
inspection and decontamination seal” shall mean a device issued by trained
personnel that attaches the conveyance or equipment to the trailer to indicate
that the conveyance or equipment has not been launched since it was last
inspected or decontaminated, and is accompanied by a receipt.
[19.30.14.7
NMAC - Rp, 19.30.14.7 NMAC, 7-11-2017]
19.30.14.8 WARNING
TAG: The director shall prescribe and procure the
printing of warning tags to be used for the state to identify any conveyance or
equipment known or believed to contain an aquatic invasive species or a
conveyance or equipment leaving an infested water body without being
decontaminated.
A. Trained
personnel may affix a warning tag to any conveyance or equipment known or
believed to contain aquatic invasive species, based upon its point of origin or
exposure to infested water, unless the person in control of such equipment or
conveyance has proof of decontamination, or can otherwise demonstrate that the
equipment or conveyance is not infested.
B. Trained
personnel may affix a warning tag to a conveyance or equipment if they have
reason to believe aquatic invasive species may be present and the person
operating or in control of such conveyance or equipment refuses inspection.
C. Each warning tag
shall be affixed on boats and other similar vessels within 12 inches of the
boat number on the port (left) side, to the windshield of the conveyance or
equipment, or in the case where a transport company is transferring the
conveyance or equipment, via United States mail, electronic mail or hand
delivery to both owner and transport company. In cases where no boat number is found the
warning tag shall still be affixed in the same general location.
D. Each warning tag
shall be individually affixed to all other conveyances and equipment in the
most visible manner possible.
E. No warning tag
may be removed except by trained personnel or a person or entity certified by
the director and only if the respective personnel, person or entity is acting
in their official capacity and has inspected the conveyance or equipment,
satisfied that proper decontamination or elimination of aquatic invasive
species has occurred.
[19.30.14.8
NMAC - Rp, 19.30.14.8 NMAC, 7-11-2017]
19.30.14.9 IMPOUNDMENT
OF CONVEYANCE OR EQUIPMENT:
A. Any law
enforcement officer may impound any conveyance or equipment if warning tagged
and the conveyance or equipment is currently in or entering a water body.
B. Any law enforcement
officer may impound any conveyance or equipment known or believed to contain
aquatic invasive species if such conveyance or equipment is currently in a
water body or the person operating or in control of such conveyance or
equipment fails to follow the enforcement officer’s command to immediately
prevent such from entering or remaining in a water body.
C. A warning tag
shall be immediately affixed to any conveyance or equipment impounded pursuant
to Subsection B above.
D. Any impounded
conveyance or equipment shall only be released from impoundment:
(1) upon receipt of satisfactory proof that decontamination
requirements as prescribed by the director have been met; or
(2) upon receipt of a conditional release from the director
wherein the owner or person responsible for the conveyance or equipment agrees
to the specific terms and conditions that require immediate decontamination
followed by an inspection to verify decontamination has occurred.
E. It shall be the
responsibility of the owner of any impounded conveyance or equipment to pay all
costs, including storage fees, decontamination charges and towing associated
with the impoundment and to reimburse any agency that incurs expenditures for
the impoundment.
[19.30.14.9
NMAC - Rp, 19.30.14.9 NMAC, 7-11-2017]
19.30.14.10 LIMITED
TRANSPORT: The department’s employees, agents or
designees, or employees of other state or federal agencies while acting in
their official capacity may authorize an owner or person in control of a
warning tagged conveyance or equipment to transport the conveyance or equipment
to a location approved by the department or their designee.
[19.30.14.10
NMAC - Rp, 19.30.14.10 NMAC, 7-11-2017]
19.30.14.11 WAIVER
AND RELEASE OF LIABILITY: Prior to being eligible for
decontamination by the state or its designee the owner or person in control of
a warning tagged conveyance or equipment shall sign and deliver to the
department a release of liability in a form approved by the director.
[19.30.14.11
NMAC - Rp, 19.30.14.11 NMAC, 7-11-2017]
19.30.14.12 INSPECTION
AND DECONTAMINATION PROGRAM:
A. Trained
personnel may establish check stations to inspect all conveyances or equipment
prior to entering, being launched onto or being directly exposed to any water
body of the state. It shall be unlawful
for an owner or person in control of a conveyance(s) or equipment to knowingly
avoid an established check station.
B. It shall be
unlawful for an owner or person in control of conveyances or equipment
transported into New Mexico or registered in a state other than New Mexico to
knowing introduce, launch or directly expose a conveyance(s) or equipment to
any water body of the state without first receiving an inspection and/or
decontamination by trained personnel.
Proof of decontamination may be used in lieu of an inspection at the
discretion of trained personnel.
C. The owner of a
conveyance or equipment that is greater than or equal to 26 feet in length and
will be transported into or within New Mexico shall notify the department
aquatic invasive species program coordinator at least 14 days prior to the
anticipated date of transport.
D. Upon completion
of any conveyance or equipment inspection, trained personnel may require
decontamination, re-inspection and additional drying time prior to the conveyance
or equipment entering any water body of the state.
E. Trained
personnel may affix a watercraft inspection and decontamination seal to a
conveyance or equipment to serve as proof of decontamination or
inspection. Conveyances or equipment
with an intact watercraft inspection and decontamination seal with accompanying
receipt may be allowed to enter a water body of the state without further
inspection or decontamination upon verification by trained personnel.
F. It shall be
unlawful for the owner or person in control of a conveyance(s) or equipment
transported on a public road in New Mexico to have any plug or other barrier in
place that prevents water drainage from bilge lines, ballast tanks, motor
cooling systems, live wells, compartments and equipment.
G. It shall be unlawful for the owner or person in control of a conveyance(s) or equipment to fail to take reasonable measures upon exiting a waterbody to decontaminate all equipment, compartments or spaces that are wet, hold water or could transfer AIS, including aquatic vegetation.
H. Trained
personnel may not self-inspect, decontaminate or attach a seal to their own
conveyance or equipment.
[19.30.14.12
NMAC – Rp, 19.30.14.12 NMAC, 7-11-2017]
HISTORY
OF 19.30.14 NMAC:
History
of Repealed Material:
19.30.14 NMAC, Aquatic Invasive Species, filed 5/29/2009, repealed effective 7/11/2017.