N.M. Admin. Code § 19.35.9.8 - POSSESSION AND RETENTION OF PROTECTED SPECIES LIVE ANIMALS, BIRDS AND FISH

It shall be unlawful to possess protected species of live animals, birds or fish, as defned in 17-2-3 NMSA 1978, in New Mexico without frst obtaining appropriate permits issued by the director. Such permits will be issued only for those purposes named in Subsection A of 19.31.10.10 NMAC as described herein. New permits will not be issued until all conditions and appeal processes, if any, listed herein have been satisfed. A violation of the provisions herein shall subject the permittee or licensee to denial or revocation as described under authority of 17-1-14, 17-3-34 NMSA 1978 and 19.31.2 NMAC.

A. Only members of the following families of fish will be considered for retention in New Mexico class A lakes or class A -aquaculture/recirculating water systems:

(1) salmonidae;

(2) esocidae;

(3) percichthyidae;

(4)ictaluridae;

(5) centrarchidae; and

(6)percidae

B. Live oreochromis niloticus and oreochromis mossambicus capable of reproducing and/or propagation may be considered for retention in New Mexico only by a department approved qualified expert as defned in 19.35.7 NMAC.

C. Live oreochromis niloticus and oreochromis mossambicus incapable of reproducing (hybrid and sterile or triploid of the same sex) shall be considered for retention in New Mexico for the purposes of aquaculture.

D. Only members of the following families of mammals and birds will be considered for retention in New Mexico class A parks: Protected mammals and birds under 17-2-3 NMSA 1978.

E. Permission may be granted by the state game commission to retain prohibited species into New Mexico upon demonstration by the applicant that no possible confict with native animals, human health or livestock will occur, upon showing of good cause, or upon requiring that certain additional conditions are met by the applicant, and does not confict with any other law, rule or ordinance.

Notes

N.M. Admin. Code § 19.35.9.8

19.35.9.8 NMAC - Rp, 19.35.9.8 NMAC, 3-14-14, Amended by New Mexico Register, Volume XXVI, Issue 19, October 15, 2015, eff. 10/15/2015