Current through Register Vol. 35, No. 24, December 23, 2024
A.
Species importation list: The director of the New Mexico department of game and
fish shall develop a species importation list. The species importation list
shall be established, maintained, updated or amended by the director as species
information and concerns become available and are identified. The species
importation list shall be grouped into the following minimum importation
"groups" based on the following criteria.
(1) Species importation list group I are designated
semi-domesticated animals and do not require an importation permit.
(2) Species importation list group II may be
for live non-domesticated animals that are not known to be either invasive or
dangerous and do not present a known risk to the health, safety or well-being
of the public, domestic livestock or to native wildlife and their
habitats.
(3) Species importation
list group III may be for live non-domesticated animals that present minimal or
manageable concerns that will require specific provisions that must be met
prior to issuing an importation permit to address health, safety or well-being
of the public, domestic livestock or to native wildlife and their
habitats.
(4) Species importation
list group IV may be for live non-domesticated animals that are considered
dangerous, invasive, undesirable, state or federal listed threatened,
endangered, a furbearer or any other species of concern as identified by the
director. The importation of these species are prohibited for the general
public but may be allowed for, scientific study, department approved
restoration and recovery plans, zoological display, temporary
events/entertainment, use as service animal or by a qualified expert.
(5) Any species of live non-domesticated
animal not currently on the species importation list will be designated group
IV until such time as another determination is made by the director.
B. Non-domesticated animal
importation: The director may, in times of animal health emergency, suspend all
importation activities or suspend importation of selected taxa for indefinite
periods of time to protect wild and domestic animals from infectious disease
epidemics and to protect the people of New Mexico from zoonoses.
C. Non-domesticated animal intrastate
movement: the director may suspend intrastate movement in an animal health
emergency.
D. Eligibility
requirements for importation (cooperative compliance): The director may declare
any applicant or importer who fails to comply with any importation conditions
or provisions as ineligible for future importation permits or ability to supply
animals into New Mexico until all permit violations are corrected and the
appropriate certificate of compliance fees are paid in full.
(1) The director may require an applicant to
obtain a certificate of compliance prior to becoming eligible to import any
live non-domesticated animals and may impose additional corrective measures in
those instances where violations of this provision have been
identified.
(2) The director may
impose a cease-and-desist order that makes an applicant ineligible to apply for
an importation permit for up to a year in those instances where corrective
measures have not been implemented or repeated violations have
occurred.
E. Certificate
of compliance fee: The director shall determine the appropriate certificate of
compliance fee per violation not to exceed $500.00 based on the following
criteria:
(1) department expenses including
manpower, travel, inspection and compliance monitoring;
(2) department office expenses including
mailing, shipping, certificate issuance;
(3) animal care, treatment, housing and feeding;
(4) other miscellaneous expenses.
F. Qualified expert: the director
shall determine the process and the requirements for a person to be designated
a qualified expert for each applicable species.
(1) The director may require an applicant to provide specific
qualifications including, but not limited to the following: professional
references, experience, training, education and facility
specifications.
(2) The
determination to approve or deny a qualified expert designation by the director
is final and is not subject to appeal.
G. Application notices and documents.
(1) The director shall determine required
forms, applications and documents to carry out the provisions of this
rule.
(2) The director shall
determine noticing and posting provisions to carry out the provisions of this
rule.
(3) The director shall
determine the permit and application conditions and requirements to carry out
the provisions of this rule.
H. The director shall determine the process
and requirements for re-entry into the state.
I. The director shall determine the process
for expediting applications and permits including an additional application fee
of $25.00.
