Current through Register Vol. 35, No. 24, December 23, 2024
A.
Academic research activities, including plant and animal collecting, are
allowed in a park if the person or entity has obtained a research permit
through the division's resource program.
B. The division shall deny a research permit
if such activities would:
(1) cause undue
injury or damage to park resources;
(2) be contrary to the purposes for which the
park is established or operated; or unreasonably impair the purposes for which
the park is established or operated;
(3) unreasonably interfere with interpretive,
visitor service or other program activities, or with the division's
administrative activities;
(4)
substantially impair the operation of the division's public use facilities or
services of concessionaires or contractors;
(5) present a danger to the public health and
safety;
(6) result in significant
conflict with other existing uses;
(7) not comply with the laws or policies of
the landowner (e.g. United States department of the interior,
bureau of reclamation; New Mexico department of game and fish; United States
army corps of engineers; New Mexico state land office, etc.); or
(8) not comply with federal or state laws
concerning threatened and endangered species or cultural resources.
C. As a condition of the research
permit's issuance, the division may require:
(1) the acquisition of liability insurance in
which the state, department and division, and if applicable the landowner
(e.g. United States department of the interior, bureau of
reclamation) from which the division leases the land or reservoir, are named as
co-insured in an amount sufficient to protect the state, the department and the
division, and if applicable the landowner; or
(2) the permittee to submit to the resource
program a written report summarizing the data collected within six months of
completion of the permitted activity.
D. The research permit may contain such
conditions as are reasonably consistent with protection and use of the park for
the purposes for which it is established or operated. It may also contain
reasonable limitations on the equipment used and the time and area within which
the research activity is allowed.
E. The park may charge fees to cover costs of
additional staff, facilities, etc. needed for the research
activities.
