TITLE 19               NATURAL RESOURCES AND WILDLIFE

CHAPTER 30       WILDLIFE ADMINISTRATION

PART 14               AQUATIC INVASIVE SPECIES

 

19.30.14.1             ISSUING AGENCY: New Mexico Department of Game and Fish.

[19.30.14.1 NMAC - N/E, 05-29-2009]

 

19.30.14.2             SCOPE: Providing for the control and prevention of the spread of aquatic invasive species in New Mexico.

[19.30.14.2 NMAC - N/E, 05-29-2009]

 

19.30.14.3             STATUTORY AUTHORITY: Chapter 17, including 17-1-14 and 17-1-26 NMSA 1978 provide that the New Mexico state game commission has the authority to establish rules and regulations that it may deem necessary to carry out the purpose of Chapter 17 NMSA 1978 and all other acts pertaining to aquatic invasive species.

[19.30.14.3 NMAC - N/E, 05-29-2009]

 

19.30.14.4             DURATION: Permanent.

[19.30.14.4 NMAC - N/E, 05-29-2009]

 

19.30.14.5             EFFECTIVE DATE: May 29, 2009, unless a later date is cited at the end of individual sections.

[19.30.14.5 NMAC - N/E, 05-29-2009]

 

19.30.14.6             OBJECTIVE: To establish and define the procedures and restrictions for controlling or preventing aquatic invasive species.

[19.30.14.6 NMAC - N/E, 05-29-2009]

 

19.30.14.7             DEFINITIONS:

                A.            “Department” shall mean the New Mexico department of game and fish.

                B.            “Director” shall mean the director of the New Mexico department of game and fish.

                C.            “Warning tag” as used herein, shall mean a document issued by the department or other state or federal agency and affixed to a conveyance or equipment that prohibits a conveyance or equipment from entering into a water body until being properly decontaminated or otherwise approved for re-entry.

                D.            “Impound” shall mean to detain or subject to temporary control of the state other than detention for purposes of inspection a conveyance or equipment until the owner or person in control thereof shall meet all conditions for release of such conveyance or equipment.

                E.             “Decontaminate” shall mean to clean, drain, dry or otherwise treat a conveyance in accordance with guidelines established by the director in order to remove or destroy an aquatic invasive species.

                F.             “Proof of decontamination” shall mean verifiable documentary proof, official marking or tag affixed to the conveyance or equipment, or otherwise provided to the owner or person in control of a conveyance or equipment by a person legally authorized to effect decontamination that the conveyance or equipment is free from infestation, or otherwise demonstrate compliance with the decontamination requirement established by the director; such certification shall be valid only until the conveyance or equipment re-enters a water body.

                G.            “Trained personnel” means individuals who have successfully completed the United States fish and wildlife service’s aquatic invasive species watercraft inspection and decontamination training, level I or level II, or an equivalent training recognized by the director.

[19.30.14.7 NMAC - N/E, 05-29-2009; A, 07-31-2009; A, 07-15-2010]

 

19.30.14.8             WARNING TAG:  The director shall prescribe and procure the printing of warning tags to be used for the state to identify any conveyance or equipment known or believed to contain an aquatic invasive species or a conveyance or equipment leaving an infested water body without being decontaminated.

                A.            Trained personnel may affix a warning tag to any conveyance or equipment known or believed to contain aquatic invasive species, based upon its point of origin or exposure to infested water, unless the person in control of such equipment or conveyance has proof of decontamination, or can otherwise demonstrate that the equipment or conveyance is not infested.

                B.            Trained personnel may affix a warning tag to a conveyance or equipment if they have reason to believe aquatic invasive species may be present and the person operating or in control of such conveyance or equipment refuses inspection.

                C.            Each warning tag shall be affixed on boats and other similar vessels within 12" of the boat number on the port (left) side only. In cases where no boat number is found the warning tag shall still be affixed in the same general location.

                D.            Each warning tag shall be individually affixed to all other conveyances and equipment in the most visible manner possible.

                E.             No warning tag may be removed except by trained personnel or a person or entity certified by the director and only if the respective personnel, person or entity is acting in their official capacity and has inspected the conveyance or equipment, satisfied that proper decontamination or elimination of aquatic invasive species has occurred.

[19.30.14.8 NMAC - N/E, 05-29-2009; A, 07-31-2009; A, 07-15-2010]

 

19.30.14.9             IMPOUNDMENT OF CONVEYANCE OR EQUIPMENT:

                A.            Any law enforcement officer may impound any conveyance or equipment if warning tagged and the conveyance or equipment is currently in or entering a water body.

                B.            Any law enforcement officer may impound any conveyance or equipment known or believed to contain aquatic invasive species if such conveyance or equipment is currently in a water body or the person operating or in control of such conveyance or equipment fails to follow the enforcement officer’s command to immediately prevent such from entering or remaining in a water body.

                C.            A warning tag shall be immediately affixed to any conveyance or equipment impounded pursuant to Subsection B above.

                D.            Any impounded conveyance or equipment shall only be released from impoundment:

                    (1)     upon receipt of satisfactory proof that decontamination requirements as prescribed by the director have been met; or

                    (2)     upon receipt of a conditional release from the director wherein the owner or person responsible for the conveyance or equipment agrees to the specific terms and conditions that require immediate decontamination followed by an inspection to verify decontamination has occurred.

                E.             It shall be the responsibility of the owner of any impounded conveyance or equipment to pay all costs, including storage fees, decontamination charges and towing associated with the impoundment and to reimburse any agency that incurs expenditures for the impoundment.

[19.30.14.9 NMAC - N/E, 05-29-2009; A, 07-31-2009; A, 07-15-2010]

 

19.30.14.10          LIMITED TRANSPORT:  The department’s employees, agents or designees, or employees of other state or federal agencies while acting in their official capacity may authorize an owner or person in control of a warning tagged conveyance or equipment to transport the conveyance or equipment to a location approved by the department or their designee.

[19.30.14.10 NMAC - N/E, 05-29-2009; Repealed, 07-31-2009; 19.30.14.10 NMAC - N, 07-31-2009; A, 07-15-2010]

 

19.30.14.11          WAIVER AND RELEASE OF LIABILITY:  Prior to being eligible for decontamination by the state or its designee the owner or person in control of a warning tagged conveyance or equipment shall sign and deliver to the department a release of liability in a form approved by the director.

[19.30.14.11 NMAC - N, 07-31-2009]

 

HISTORY OF 19.30.14 NMAC: [RESERVED]