New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 21 - ENDANGERED PLANTS › Part 2 - ENDANGERED PLANT SPECIES LIST AND COLLECTION PERMITS › Section 19.21.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Agricultural practice"
means grazing and grazing management
				practices such as feeding, herding or gathering; ditch clearing or burning;
				planting; applying herbicides to cultivated fields; harvesting; mowing of hay
				fields or pastures; burning pastures or fields or cultivating, plowing or
				disking fields or similar activities; road maintenance; and the maintenance,
				repair or replacement of fences, dirt tanks (earthen impoundments), water tanks
				and troughs, wells and windmills, pumps or solar panels powering wells, loading
				chutes, corrals, erosion control structures and water pipelines.
B.
"Applicant"
means the person
				applying for a permit required by 19.21.2 NMAC to take endangered plants for
				scientific study, propagation or collection of voucher specimens or to take an
				endangered plant(s) where taking is incidental and not the purpose of carrying
				out an otherwise lawful activity. If a governmental entity is issuing a permit,
				lease, license, authorization, right-of-way, easement or similar document that
				allows a person to conduct the lawful activity (drilling, fence installation,
				pipeline construction, etc.), the applicant for an incidental take permit shall
				be the person conducting the lawful activity not the governmental
				entity.
C.
"Department"
means the energy, minerals and natural resources
				department.
D.
"Endangered
				plant"
means a plant that is a member of the species listed in
				19.21.2.9 NMAC.
E.
"Harm"
means direct physical
				injury or damage to a plant that results in reduced viability of the plant,
				including reproductive potential and future health and growth.
F.
"Permittee"
means the person
				issued a permit by the state forester or a person required to have a permit
				pursuant to 19.21.2 NMAC. The permittee shall be the person responsible for the
				scientific study, propagation or collection of voucher specimens of endangered
				plants or the person undertaking a lawful activity where taking of an
				endangered plant(s) is incidental and not the purpose of carrying out the
				otherwise lawful activity. If a governmental entity is issuing a permit, lease,
				license, authorization, right-of-way, easement or similar document that allows
				a person to conduct the lawful activity (drilling, fence installation, pipeline
				construction, etc.), the permittee for an incidental take permit shall be the
				person conducting the lawful activity not the governmental entity.
G.
"Person"
means an individual
				or entity including partnerships, corporations, associations or joint ventures
				and its officers, agents or employees; the state or a political subdivision of
				the state and its officers, agents or employees; or an agency, department or
				instrumentality of the United States and its officers, agents or
				employees.
H.
"Population
				site"
means an area of occurrence of a particular species.
I.
"Specimen"
means the physical
				parts or a plant in its entirety taken from a population site for the purpose
				of scientific study.
J.
"State forester"
means the director of the department's forestry
				division and the department secretary's designated representative for the
				purposes of administering the department's authorities and responsibilities
				under Section
				75-6-1 NMSA 1978 including
				endangered plant investigations and issuance of scientific study, propagation,
				collection of voucher specimen or incidental take permits.
K.
"Taking"
means to remove,
				harm, kill, destroy, possess, transport, export, sell, or offer for sale any of
				the plants, or parts thereof, listed in
				19.21.2.9 NMAC, from the places in
				the state of New Mexico where they naturally grow including federally owned
				land, private land, state owned land or land owned by political subdivisions of
				the state, but not tribal trust or restricted fee land or individual trust
				allotments. Taking does not include the
(1)
				incidental removal, harm, killing or destruction of endangered plants resulting
				from agricultural practices; or
(2)
				removal, harm, killing, destruction, possession or transport of endangered
				plants by tribal members for religious purposes.