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 that prevents 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 a conveyance or equipment until the owner or person in control thereof shall meet all conditions for release of such conveyance or equipment.
[19.30.14.7 NMAC - N/E, 05-29-2009; A, 07-31-2009]
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. Any conveyance or equipment identified by trained personnel as known or believed to contain aquatic invasive species or leaving designated infested water shall have a warning tag immediately affixed to the hull.
B. 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.
C. Each warning tag shall be individually affixed to all other conveyances and equipment in the most visible manner possible.
D. 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]
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 the provision 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 conveyance or equipment impounded 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]
19.30.14.10 LIMITED TRANSPORT: The provisions of paragraph G. (1) of House Bill 467, 2009 regular session shall not apply to any contractor with the department or the energy, minerals and natural resources department, or state or federal agencies or their employees, while performing their duties or contractual obligations when temporarily having in their custody AIS for monitoring or transporting for purposes of testing, decontamination or disposal. The department may take temporary custody of a contaminated conveyance or equipment and authorize its owner to transport to a designated location for decontamination.
[19.30.14.10 NMAC - N/E, 05-29-2009; Repealed, 07-31-2009; 19.30.14.10 NMAC - N, 07-31-2009]
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]