This rule was filed as 19 NMAC 33.2.

TITLE 19 NATURAL RESOURCES AND WILDLIFE

CHAPTER 33 ENDANGERED AND PROTECTED SPECIES

PART 2 REMOVAL, CAPTURE OR DESTRUCTION OF ENDANGERED SPECIES

19.33.2.1 ISSUING AGENCY: New Mexico Department of Game and Fish.

[1-13-96; Recompiled 12/31/01]

19.33.2.2 SCOPE: All persons who may remove, capture or destroy an endangered species, without a specific permit.

[1-13-96; Recompiled 12/31/01]

19.33.2.3 STATUTORY AUTHORITY: Sections 17-1-14 and 17-1-26, 17-2-3, 17-2-13, 17-2-14, 17-2-15, 17-2-16, 17-2-42, 17-3-1, 17-3-29 and 17-5-2 NMSA 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 protected species.

[1-13-96; Recompiled 12/31/01]

19.33.2.4 DURATION: Permanent.

[1-13-96; Recompiled 12/31/01]

19.33.2.5 EFFECTIVE DATE: January 13, 1996 [unless a later date is cited at the end of a section]

[1-13-96; Recompiled 12/31/01]

19.33.2.6 OBJECTIVE: To provide for, and require, reporting of the removal, capture or destruction of threatened or endangered species; including when these species are removed, captured, or destroyed in emergency situations involving immediate threat to human life or private property.

[2-13-75, 1-13-96; Recompiled 12/31/01]

19.33.2.7 DEFINITIONS:

A. "Remove" means to take out of natural habitat.

B. [Reserved]

[1-13-96; Recompiled 12/31/01]

19.33.2.8 REPORTING REQUIREMENTS: Whenever any person removes, captures or destroys without permit as authorized by Section 17-2-42 NMSA, any species classified as threatened or endangered by the state game commission regulation (Title 19, Chapter 33, Part 1), other than those species listed as threatened or endangered in 50 CFR Part 17; that person shall, within 30 days, report such removal, capture or destruction to the New Mexico department of game and fish, stating the species involved and the date, location and circumstances of the removal, capture or destruction.

[2-13-75, 1-13-96; Recompiled 12/31/01]

HISTORY OF 19.33.2 NMAC:

Pre-NMAC History: The material in this Part was derived from that previously filed with the State Records Center and Archives:

DGF 75-3, Regulation No. 564, Governing the Removal, Capture or Destruction of Endangered Species, 2/13/75.

History of Repealed Material: [RESERVED]