Current through Register Vol. 35, No. 18, September 24, 2024
A. "Data," as used
herein, means facts or information generated by a study or investigation of
species that may be considered for listing or delisting and/or facts or
information concerning a listed species.
B. "Confidential Data," as used herein,
means:
(1) Data on the distribution and
location of listed or proposed species, received or obtained by the Department
of Game and Fish, from individuals or agencies, under a written agreement of
confidentiality.
(2) Data on the
distribution and location of species, identified by the Director as data which,
if publicly disseminated, may result in the taking of, or otherwise harm, a
species being investigated for listing as threatened or endangered, and/or a
listed species.
(3) "Confidential
data regarding private property," as used herein, means distribution and
location of listed or proposed species on private property received or
generated by the Department during a listing study or investigation as defined
in
17-2-40
NMSA 1978. This shall include listed or proposed species distribution and
locations recorded as map coordinates, maps, GPS coordinates, property owner
names, property/ranch names, or other data that may identify, or lead to the
identification of specific locations on private property. Stipulations in this
section will apply to data collected after the section modification becomes
effective.
(4) "Coded confidential
data regarding private property", as used herein means Confidential Data, as
described in 19.33.4.7.B3 that is coded in a manner that allows a description
of location and distribution by county or other appropriate geographic unit
which does not represent a single parcel of private land. This county-wide, or
other unit-wide, information may be included in reports or documents as
necessary to meet reporting requirements or for management of the
species.
C.
"Investigation", as used herein, means a process pursuant to Subsections B
through L of Section
17-2-40
NMSA 1978.
D. "Listed Species", as
used herein, means any species listed as threatened or endangered pursuant to
17-2-41(A) NMSA 1978.
E. "Proposed
Species" as used herein, means any species for which a listing investigation
has been formally initiated under the Wildlife Conservation Act as described in
17.2.40 Section A, NMSA 1978.
F.
"Department" as used herein means, the New Mexico Department of Game and
Fish.
G. "Director" as used herein
means, the Director of the New Mexico Department of Game and Fish.
