Current through Register Vol. 35, No. 18, September 24, 2024
A. The director
shall present, in writing, any recommendation to add a species to the New
Mexico list of threatened and endangered species, through adoption of a species
on the United States list of endangered fish and wildlife as set forth in the
Endangered Species Act of 1973 (Section
17-2-40
NMSA 1978), at a properly scheduled meeting. Upon receipt of the
recommendation, the commission shall establish a date and location, within six
months, for a public hearing on the recommendation (Section
17-2-40
L NMSA 1978).
B. At least 90 days
before the public hearing, notice of the hearing shall be mailed to federal and
state agencies, local and tribal governments, and individuals and organizations
that have requested notification of department actions regarding threatened and
endangered species; and a legal notice shall be published in a newspaper of
general circulation in the area affected by the recommendation (Section
17-2-40
K NMSA 1978).
C. Notice of the
public hearing shall:
(1) include the date,
time and location of the hearing (Section
17-2-40
K1 NMSA 1978);
(2) include a
statement of the recommendation (Section
17-2-40
K2 NMSA 1978);
(3) indicate the
location and availability of the public repository for the recommendation, and
for the hearing record (Section
17-2-40
K3 NMSA 1978);
(4) indicate where
and by what date written comments and written testimony may be filed for
inclusion in the hearing record (Section
17-2-40
K4 NMSA 1978);
(5) indicate that
written comments and testimony may address biological and ecological evidence
and any economic and social impacts of the recommendation (Section
17-2-40
E 5 6 NMSA 1978);
(6) indicate that
written comments pertaining to any economic and social impacts of the listing
decision shall be preserved in the repository for consideration in developing,
if practicable, any recovery plan (Section
17-2-40
G NMSA 1978);
(7) indicate that
views, data and comments pertaining to the biological and ecological evidence
in the recommendation may be presented orally or in writing at the hearing
(Section
17-2-40
G L NMSA 1978);
(8) specify that
notice of intent to present technical and scientific testimony on the
biological and ecological evidence, and a written copy of the testimony to be
presented, shall be submitted to the commission not less than 30 days prior to
the hearing (Section
17-2-40
K6 NMSA 1978);
(9) and specify that
the public record shall remain open for written comments for 30 days after the
date of the hearing (Section
17-2-40
K7 NMSA 1978).
D. The
commission shall make its decision and take action, based on the relevant and
reliable evidence, to add or not to add a species to the New Mexico list of
threatened and endangered species at its next regularly scheduled meeting
within no more than 30 days after the close of the hearing record (Section
17-2-40
L NMSA 1978). The commission shall:
(1) list
a species as endangered in New Mexico if it finds that the species prospects
for survival or recruitment within the state are in jeopardy based upon the
biological and ecological evidence in the public repository and based upon
biological and ecological evidence received in the public hearing (Section
17-2-40
L1 NMSA 1978); or
(2) list a
species as threatened in New Mexico if it finds that the species' prospects for
survival or recruitment within the state are likely within the foreseeable
future to be in jeopardy based upon the biological and ecological evidence in
the public repository and biological and ecological evidence received in the
public hearing (Section
17-2-40
L2 NMSA 1978); or
(3) find that
there is sufficient documented, relevant and reliable, contrary evidence, in
the public repository, or received in the public hearing, regarding the
biological and ecological status of the species; and instruct the director to
conduct further study of the species.
E. The commission's decision on the
director's recommendation to add a species to the New Mexico list of threatened
and endangered species, through adoption of a species on the United States list
of endangered fish and wildlife as set forth in the Endangered Species Act of
1973, shall be announced by a news release to the major newspapers of the
state.
