reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 17 - WEATHER MODIFICATION › Part 2 - WEATHER CONTROL AND PRECIPITATION ENHANCEMENT › Section 19.17.2.12 - OTHER JURISDICTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Operations conducted in the state which are intended to
				  affect the weather in a target area in another state are prohibited except upon
				  full compliance with the laws of that state as well as the provisions of the
				  Weather Control Act and this rule.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 17 - WEATHER MODIFICATION › Part 2 - WEATHER CONTROL AND PRECIPITATION ENHANCEMENT › Section 19.17.2.13 - LICENSE REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
Any person desiring to engage in operations in the state of
				  New Mexico shall be required to make application for and receive a license
				  prior to commencing operations.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 17 - WEATHER MODIFICATION › Part 2 - WEATHER CONTROL AND PRECIPITATION ENHANCEMENT › Section 19.17.2.14 - LICENSE APPLICATION PROCEDURES AND REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
In order to apply for a license an applicant must complete
				  the part A application demonstrating professional qualifications for conducting
				  operations and must complete part B of the application presenting a detailed
				  project scope of the operation to be conducted.
A. Part A of the application includes the
				following requirements:
(1) an application
				fee of one hundred dollars ($100.00) with the completed application
				form;
(2) designation of an
				operations director having the minimum professional and education requirements
				of two (2) years of supervisory experience with weather control projects and
				one of the following four (4) additional requirements:
(a) a masters of science degree in
				meteorology or related field; or
(b) a bachelor's degree in meteorology, plus
				two (2) additional years of recent experience in weather control field
				operations within the last five (5) years; or
(c) a bachelor's degree in engineering,
				mathematics or applicable physical or natural sciences including at least
				twenty-five (25) semester hours of meteorological course work plus two (2)
				additional years of experience in weather control field operations within the
				last five (5) years; or
(d) a
				bachelor's degree in meteorology and a manager certification by the weather
				modification association;
(3) a resume of the operations director and a
				resume from each individual who will significantly participate in the
				operation; each resume shall demonstrate sufficient knowledge and competence in
				the field of meteorology and cloud physics; if the operator is an organization,
				any individual and individuals who significantly participate in the operation
				shall meet the requirements of this subparagraph;
(4) proof of financial responsibility (see
				19.17.2.15 NMAC).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 17 - WEATHER MODIFICATION › Part 2 - WEATHER CONTROL AND PRECIPITATION ENHANCEMENT › Section 19.17.2.15 - FINANCIAL RESPONSIBILITY REQUIREMENT UNDER LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
All applicants shall have on file, prior to license issuance,
				  proof of ability to respond to damages for liability that might reasonably be
				  attached to or result from any operations. This proof shall be in the form of a
				  surety bond in the amount of one million dollars ($1,000,000) minimum for each
				  license to be issued or such other proof of financial responsibility as the
				  commission or the weather control committee may require.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 17 - WEATHER MODIFICATION › Part 2 - WEATHER CONTROL AND PRECIPITATION ENHANCEMENT › Section 19.17.2.16 - PRELIMINARY RECOMMENDATION BY COMMISSION STAFF

Current through Register Vol. 35, No. 13, July 16, 2024
Within thirty (30) days of receipt of a completed
				  application, commission staff shall evaluate the application for the purpose of
				  making a recommendation to the weather control committee. The applicant shall
				  be notified in writing of the commission staff's recommendation.
A. Recommendation of approval:
(1) Commission staff may recommend approval
				of the application only if the operation meets all requirements of this rule,
				is in conformity with all applicable provisions of New Mexico law and promotes
				the public welfare.
(2) If the
				commission staff recommends approval, it shall publish a notice of intention
				pursuant to 19.17.2.17 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 17 - WEATHER MODIFICATION › Part 2 - WEATHER CONTROL AND PRECIPITATION ENHANCEMENT › Section 19.17.2.17 - PUBLICATION OF NOTICE OF INTENTION FOR LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
The commission staff shall publish the notice of intention
				  once a week for two (2) consecutive weeks in a newspaper or newspapers having
				  general circulation in each county or counties of the proposed operations area
				  and target area. The applicant may either pay publication costs directly to the
				  publisher or may pay such costs to the commission in advance of
				  publication.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 17 - WEATHER MODIFICATION › Part 2 - WEATHER CONTROL AND PRECIPITATION ENHANCEMENT › Section 19.17.2.18 - FURTHER CONSIDERATION BY THE WEATHER CONTROL COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The weather
				control committee shall consider the merits of an application and otherwise
				determine if the requirements of the Weather Control Act and this rule have
				been met and may hold a hearing on such application at its discretion or in the
				event of either:
(1) written protest of the
				application by at least five (5) interested parties received in the offices of
				the commission (address in Paragraph (2) of Subsection A of 19.17.2.18 NMAC
				herein) within ten (10) days after last publication of the notice of intention;
				or
(2) written request by the
				applicant in accordance with Paragraph (2) of Subsection B of 19.17.2.16 NMAC;
				commission address for mailing of written protests of any application: Attn:
				Weather Control Committee, New Mexico Interstate Stream Commission, Post Office
				Box 25102 Santa Fe, New Mexico 87504-5102.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 17 - WEATHER MODIFICATION › Part 2 - WEATHER CONTROL AND PRECIPITATION ENHANCEMENT › Section 19.17.2.20 - EXPIRATION AND RENEWAL OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
Each license shall expire twelve (12) months after the
				  issuance date thereof. Such license may, upon application, be renewed if the
				  operator fulfills all the necessary qualifications and requirements stated in
				  this rule. The application for renewal shall be accompanied by the application
				  fee and by any appropriate modifications to the application. A license shall
				  not be renewed if the applicant no longer qualifies for such license, if the
				  license is no longer in compliance with applicable state, tribal or federal
				  law, if renewal of the license does not promote the public welfare or if the
				  applicant has violated any provisions of the Weather Control Act or this rule.
				  Thirty (30) days after the applicant requests a renewal and submits any changes
				  to the application, the weather control committee shall recommend to the
				  commission whether to renew a license. If there are any significant changes to
				  the application, the weather control committee shall first give notice and
				  opportunity for hearing as provided in Paragraph (2) of Subsection A of
				  19.17.2.16
				  NMAC of this rule before renewing any license.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 17 - WEATHER MODIFICATION › Part 2 - WEATHER CONTROL AND PRECIPITATION ENHANCEMENT › Section 19.17.2.21 - LICENSE SUSPENSION, MODIFICATION OR REVOCATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The commission may suspend or revoke or
				refuse to renew a license for any one or any combination of the following
				causes:
(1) incompetence;
(2) dishonest practice;
(3) false or fraudulent representation in
				obtaining a license under this rule;
(4) failure to comply with any of the
				provisions of the Weather Control Act, this rule or applicable state, tribal or
				federal law; or
(5) aiding other
				persons who fail to comply with any of the provisions of the Weather Control
				Act, this rule or applicable state, tribal or federal law.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 17 - WEATHER MODIFICATION › Part 2 - WEATHER CONTROL AND PRECIPITATION ENHANCEMENT › Section 19.17.2.22 - OPERATION RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
The operator shall maintain the following records during an
				  operation and provide them to the commission pursuant to
				  19.17.2.23 NMAC
				  of this rule:
A. Daily log: Each
				operator must maintain a daily log of weather control activities for each unit
				of equipment and apparatus used during an operation. The log shall include at a
				minimum:
(1) date of weather control
				activity;
(2) each aircraft flight
				track and location of each item or apparatus used during each mission; use of
				maps is required;
(3) local time
				when weather control activity began and ended; for non-continuous activities,
				the start and end of a total sequence of activity is acceptable;
(4) amount of time each apparatus is in
				operational use;
(5) type of
				weather control agent/material used in each apparatus;
(6) rate of dispersal and dispersal location
				of each seeding agent/material during actual use of each apparatus; the
				information is to be provided both in the form of maps and in computer-readable
				form for possible subsequent analysis;
(7) total amount of seeding agent/material
				used; if more than one agent/material is used, list totals for each type of
				agent separately;
(8) local time
				when any type of monitoring (e.g., radar) was operational and computer readable
				archives of monitoring date;
(9)
				type(s), estimated moisture content and size of cloud(s) modified (i.e.,
				stratiform, isolated cumuliform, organized cumuliform, etc.);
(10) narrative indicating such operational
				problems as equipment failure, personnel problems, weather conditions, etc.;
				and
(11) monthly totals from the
				daily logs listing the following:
(a) days
				during the month in which operation(s) were conducted;
(b) time of operation(s);
(c) amount of each kind of seeding
				agent/material used;
(d) average
				rate of dispersal of each kind of seeding agent/material used;
(e) time of operation of any monitoring
				equipment; and
(f) days of each
				type of cloud treated.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 17 - WEATHER MODIFICATION › Part 2 - WEATHER CONTROL AND PRECIPITATION ENHANCEMENT › Section 19.17.2.23 - OPERATOR REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
At a minimum, the operator shall maintain and provide the
				  following reports to the commission's staff:
A. Tri-monthly report. Every ninety (90) days
				after the commencement of an operation, the operator shall submit a report to
				the commission that shall consist of:
(1) a
				summary of the records prepared under 19.2.7.22 NMAC of this rule;
(2) a copy of the roster of all participants
				associated with the operation which was prepared according to Section 22 of
				this rule; and
(3) a narrative
				account of the manner and extent in which the operation did or did not conform
				to the intended effect as described in Subsection B of 19.17.2.14 NMAC of this
				rule.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 17 - WEATHER MODIFICATION › Part 2 - WEATHER CONTROL AND PRECIPITATION ENHANCEMENT › Section 19.17.2.24 - RELEASE OF INFORMATION TO PUBLIC

Current through Register Vol. 35, No. 13, July 16, 2024
All operational information for an operation shall be filed
				  with the commission before such information is released to the public.
				  Scientific and other information concerning an operation shall also be filed
				  with the commission as it becomes available and before being released to the
				  public.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 17 - WEATHER MODIFICATION › Part 2 - WEATHER CONTROL AND PRECIPITATION ENHANCEMENT › Section 19.17.2.25 - MONITORING

Current through Register Vol. 35, No. 13, July 16, 2024
When an operator conducts an operation in an area where the
				  United States government or its agent is conducting weather control research,
				  then said operator shall submit to monitoring by the United States government
				  or its agent.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 17 - WEATHER MODIFICATION › Part 2 - WEATHER CONTROL AND PRECIPITATION ENHANCEMENT › Section 19.17.2.26 - LIABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
Except as provided in
				  19.17.2.8
				  NMAC and
				  19.17.2.9
				  NMAC of this rule, nothing in this rule shall present any person adversely
				  affected by an operation or any research and development activity from recovery
				  damages otherwise available under applicable law.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 17 - WEATHER MODIFICATION › Part 2 - WEATHER CONTROL AND PRECIPITATION ENHANCEMENT › Section 19.17.2.27 - SUITS TO RECOVER FEES

Current through Register Vol. 35, No. 13, July 16, 2024
The commission shall have power to commence suit for the
				  recovery of any fees due under the provisions of this rule. All fees collected
				  under the provisions of this rule shall inure to the
				  commission.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 20 - FOREST MANAGEMENT › Part 2 - TREE HARVESTING AND FOREST REGENERATION (Repealed) › Section 19.20.2.5 - EFFECTIVE DATE (Repealed)

Current through Register Vol. 35, No. 13, July 16, 2024
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in brackets.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 20 - FOREST MANAGEMENT › Part 3 - RESTRICTIONS FOR FIRE PREVENTION › Section 19.20.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This Part applies to all persons, associations, corporations,
				  units of government and other legal entities, on non-federal and non-municipal
				  lands within the state.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 20 - FOREST MANAGEMENT › Part 3 - RESTRICTIONS FOR FIRE PREVENTION › Section 19.20.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is adopted pursuant to the authority granted to the
				  energy, minerals and natural resources department (department) in Section
				  9-1-5
				  NMSA 1978 and the forestry division (division) pursuant to Section
				  68-2-16
				  and other Sections of the Forest Conservation Act, Section
				  68-2-1 to
				  68-2-25
				  NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 20 - FOREST MANAGEMENT › Part 3 - RESTRICTIONS FOR FIRE PREVENTION › Section 19.20.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 31, 1996 [unless a later date is cited at the end of
				  a section.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 20 - FOREST MANAGEMENT › Part 3 - RESTRICTIONS FOR FIRE PREVENTION › Section 19.20.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Whenever warranted by climatic conditions, drought, fire
				  danger, fire frequency, fire behavior or other factors affecting danger of
				  forest fire, the division will initiate actions to prevent forest fires by
				  notifying the public of the fire danger and imposing restrictions governing the
				  use of fire, equipment or personal access to lands when the danger level poses
				  a threat to public safety, life, property and the natural resources of the
				  state. The state forester is the designated representative of the department
				  secretary for the purposes of issuing orders imposing restrictions in order to
				  prevent forest fires and rescinding orders as conditions
				  warrant.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 20 - FOREST MANAGEMENT › Part 3 - RESTRICTIONS FOR FIRE PREVENTION › Section 19.20.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Areas" means
				geographic locations in New Mexico where similarities in weather, topography
				and vegetation exist.
B. "Campfire"
				means a fire started for cooking, warmth or light outside of a
				structure.
C. "Closure" means a
				limitation to access to a given area as well as limiting the use of
				fire.
D. "Fire danger" means a
				classification of fire danger as determined by the National Wildfire Danger
				Rating System. The classes are low, moderate, high, very high and
				extreme.
E. "Forest fire" means a
				fire burning uncontrolled on lands covered wholly or in part in timber, brush,
				grass, grain or other inflammable vegetation.
F. "Human-caused fire" means any fire caused
				directly or indirectly by a person(s).
G. "Open burning" means burning of crop land,
				fields, rangeland, debris burning, slash piles, prescribed burning or weed
				burning.
H. "Open fire" means the
				use of any cooking, heating or ignition device using natural or artificial fuel
				that has either an open flame or requires that the heat source be placed
				physically within the device (e.g., charcoal, cigarette, fireworks).
I. "Order" means a declaration by the state
				forester of a restriction to prevent or suppress forest fires.
J. "Preparedness" means the state of being
				ready or prepared for use or action.
K. "Prevention" means all activities
				concerned with minimizing the incidence of uncontrolled human-caused
				fires.
L. "Restriction" means a
				limitation on the use of fire, equipment or other usage of or entry into an
				area.
M. "Smoking" means the use of
				a lighted cigarette, cigar, pipe, etc.
N. "Suppression" means all the work of
				extinguishing or confining a forest fire.
O. "Uncontrolled fire" means any fire which
				threatens or destroys life, property or natural resources.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 20 - FOREST MANAGEMENT › Part 3 - RESTRICTIONS FOR FIRE PREVENTION › Section 19.20.3.8 - RESTRICTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Whenever warranted by climatic conditions, drought, fire
				  danger, fire frequency, fire behavior or other factors affecting danger of
				  forest fire, the state forester may order restrictions or closures which place
				  limitations on the use of fire or order the immediate extinguishment of fires
				  to help reduce the potential of forest fires as follows:
A. Smoking, Campfires, Open Fires or
				Equipment Usage: Restrictions on smoking, campfires or open fires may be
				imposed in specifically defined areas. Use of logging equipment or other
				equipment increasing the risk of forest fire may also be limited to specified
				hours of operation on state and private land.
(1) Smoking may be restricted to designated
				areas, within structures or within vehicles equipped with ashtrays while on
				paved or surfaced roads. Open fires or campfires may be restricted to developed
				campgrounds or in areas designated in writing by the landowner and chimneys of
				wood burning stoves must be equipped with approved spark arresters; access to
				land is not limited.
(2) Use of
				logging equipment may be limited to specified hours of operation by the
				division.
(3) The state forester
				may allow exceptions to these restrictions with written notification.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 20 - FOREST MANAGEMENT › Part 3 - RESTRICTIONS FOR FIRE PREVENTION › Section 19.20.3.9 - IMPLEMENTATION

Current through Register Vol. 35, No. 13, July 16, 2024
Implementation of restrictions or closures will be
				  coordinated between fire management agencies within areas of the state where
				  fire restrictions become necessary to protect public safety, life, property and
				  natural resources from forest fires. The division will provide notice to the
				  public when restrictions are imposed, changed or rescinded.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 20 - FOREST MANAGEMENT › Part 3 - RESTRICTIONS FOR FIRE PREVENTION › Section 19.20.3.10 - PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
Violation of this Part is a misdemeanor punishable by a fine
				  of not more than one thousand dollars ($1,000.00) or by imprisonment in the
				  county jail not to exceed one year or both for each and every violation
				  pursuant to Section
				  68-2-17
				  NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 20 - FOREST MANAGEMENT › Part 4 - COMMERCIAL TIMBER HARVESTING REQUIREMENTS › Section 19.20.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to persons, partnerships, associations,
				  corporations, and other entities engaged in harvests of commercial forest
				  species on non-municipal or non-federal lands after the effective date except
				  for those harvests permitted in accordance with 19.20.2 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 20 - FOREST MANAGEMENT › Part 4 - COMMERCIAL TIMBER HARVESTING REQUIREMENTS › Section 19.20.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is adopted pursuant to the authority granted the
				  Energy, Minerals and Natural Resources Department in NMSA 1978, Section
				  9-1-5
				  and in the Forest Conservation Act, NMSA 1978, Sections
				  68-2-1 to
				  68-2-25.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 20 - FOREST MANAGEMENT › Part 4 - COMMERCIAL TIMBER HARVESTING REQUIREMENTS › Section 19.20.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2002, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 20 - FOREST MANAGEMENT › Part 4 - COMMERCIAL TIMBER HARVESTING REQUIREMENTS › Section 19.20.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
19.20.4 NMAC's objective is to require appropriate harvesting
				  practices of commercial forest species be conducted in a manner that supports
				  forest practices that assist in forest fire prevention and suppression and the
				  control of forest pests, and maintain and enhance forest health to ensure the
				  continued economic benefits of forests and forest resources to New
				  Mexico.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 20 - FOREST MANAGEMENT › Part 4 - COMMERCIAL TIMBER HARVESTING REQUIREMENTS › Section 19.20.4.8 - HARVEST PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				ACTIVITIES REQUIRING HARVEST PERMITS: An owner shall obtain a harvest permit
				before harvest activities, except those listed in Subsection B of 19.20.4.8
				NMAC, are conducted in the following circumstances:
(1) harvests in an area of 25 acres or more
				of forest, or a combination of areas totaling 25 acres or more of forest in a
				calendar year if the harvest sites are on the same or adjacent property; or
(2) harvests in an area of less
				than 25 acres of forest in one calendar year if:
(a) the owner has been convicted of a
				criminal violation associated with harvest activities within the previous three
				years; or
(b) the owner is
				contracting with or employing a person or entity on the harvest that has been
				convicted of a criminal violation associated with harvest activities within the
				previous three years.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 20 - FOREST MANAGEMENT › Part 4 - COMMERCIAL TIMBER HARVESTING REQUIREMENTS › Section 19.20.4.9 - FOREST HARVEST PRACTICES STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. APPLICABILITY: The forest harvest
				practices standards apply to harvests of commercial forest species, regardless
				of the acreage, except for activities listed in Subsection B of 19.20.4.8 NMAC
				that do not specifically require compliance with 19.20.4.9 NMAC.
B. MULTIPLE CUTTING UNITS: Unless the
				division provides written approval, the owner, permittee or responsible person
				or entity shall not commence harvesting under a multiple cutting unit harvest
				permit in a third cutting unit unless they have completed forest harvest
				practices standards, except for burning of slash piles, on at least one of the
				previous two active units.
C.
				MARKING:
(1) The division may require the
				permittee to mark the cutting unit boundary with flagging or tree marking paint
				if needed to meet the forest harvest practice plan's requirements.
(2) The division may require the permittee to
				mark leave trees or the trees to be cut with tree marking paint if needed to
				meet the land management goals and objectives in the forest harvest practice
				plan, particularly if the harvest method is group or single tree
				selection.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 20 - FOREST MANAGEMENT › Part 4 - COMMERCIAL TIMBER HARVESTING REQUIREMENTS › Section 19.20.4.10 - ALTERNATE PRACTICES

Current through Register Vol. 35, No. 13, July 16, 2024
An applicant or permittee may request to use an alternate
				  practice in place of a specific requirement in the forest harvest practices
				  standards,
				  19.20.4.9
				  NMAC, so long as equivalent or better protection regarding fire, insect and
				  disease control and erosion control measures is provided. The request to use an
				  alternate practice shall describe the mitigation measures that the applicant or
				  permittee will take so that the division can determine that the proposal offers
				  equivalent or better protection. The division shall make the decision to grant
				  or deny the use of an alternate practice within 30 calendar days after the
				  request's receipt. The division's written approval or disapproval shall state
				  the reasons why the division granted or denied the request. The division shall
				  not allow the applicant or permittee to use an alternate practice if it is
				  known to result in violation of other applicable state laws. The permittee may
				  appeal the denial of a request to use an alternate practice to the state
				  forester pursuant to Subsection A of
				  19.20.4.13
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 20 - FOREST MANAGEMENT › Part 4 - COMMERCIAL TIMBER HARVESTING REQUIREMENTS › Section 19.20.4.11 - WEATHER CLOSURES

Current through Register Vol. 35, No. 13, July 16, 2024
The division may temporarily close roads built for harvest
				  activities, close streamside management areas or suspend harvesting when
				  adverse weather conditions exist such as flooding, heavy rain or
				  snowmelt.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 20 - FOREST MANAGEMENT › Part 4 - COMMERCIAL TIMBER HARVESTING REQUIREMENTS › Section 19.20.4.12 - VIOLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. NOTICE OF
				DEFICIENT CONDITION: The division may issue a notice of deficient condition for
				violation of the act, 19.20.4 NMAC or a harvest permit. The division may issue
				a notice of deficient condition for violations that harm the forest or forest
				resources and will require the permittee or responsible person or entity to
				cease the violation and take corrective action to repair the deficient
				condition.
(1) The division may serve upon
				the permittee or responsible person or entity a notice of deficient condition
				if:
(a) there is a violation of the act,
				19.20.4 NMAC or a harvest permit; or
(b) the violation or activity creates harm or
				the potential for harm to the forest or forest resource.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 20 - FOREST MANAGEMENT › Part 4 - COMMERCIAL TIMBER HARVESTING REQUIREMENTS › Section 19.20.4.13 - ADMINISTRATIVE REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
A. DENIAL OF
				PERMITS, REQUEST TO USE ALTERNATE PRACTICES OR PERMIT REVISIONS:
(1) To request review of the denial of a
				harvest permit application, use of alternate practices or a harvest permit
				revision, an applicant or permittee shall submit a written request for review,
				which includes the reasons for requesting review, to the state forester within
				15 calendar days after the issuance and provide written notice to the district
				office that denied the harvest permit application, use of alternate practices
				or harvest permit revision. If the applicant submitted additional information
				or revisions to the harvest permit application pursuant to Paragraph (2) of
				Subsection E of 19.20.4.8 NMAC the time period starts with the last
				denial.
(2) The applicant or
				permittee and the district office shall submit written statements to the state
				forester within 10 working days after the applicant or permittee submits the
				request for review.
(3) The state
				forester shall base the review decision on the written statements unless the
				applicant or permittee or the district office requests the opportunity to call
				witnesses or make oral arguments within 10 working days after the applicant or
				permittee submits the request for review. A request for a hearing shall explain
				the need for witness testimony or oral argument. If the applicant or permittee
				or the district office asks to make oral arguments or call witnesses, the state
				forester may set a hearing to be held within 10 working days after receiving
				that request and provide notice of the hearing date, time and location to the
				applicant or permittee and the district office. Oral testimony shall be made
				under oath. The division shall make a tape or stenographic record of oral
				argument or witness testimony.
(4)
				The state forester shall issue a written final decision, including findings of
				fact and conclusions of law, within 10 working days after the date for
				submission of written statements, or a hearing, if any, and send copies to the
				applicant or permittee and the district office.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 20 - FOREST MANAGEMENT › Part 4 - COMMERCIAL TIMBER HARVESTING REQUIREMENTS › Section 19.20.4.14 - FIRE RESTRICTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Whenever the state forester declares restrictions on use of
				  lands or use of fire within an area permitted under 19.20.4 NMAC, the
				  restrictions shall apply to harvesting. If these restrictions require that
				  harvesting stop, it shall not be considered a cessation of harvesting pursuant
				  to 19.20.4 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 20 - FOREST MANAGEMENT › Part 4 - COMMERCIAL TIMBER HARVESTING REQUIREMENTS › Section 19.20.4.15 - CRIMINAL PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Following the procedures in 19.20.4.12 NMAC does not limit the division in its
				ability or authority to issue citations or otherwise enforce the possible
				criminal penalties for violating the act, 19.20.4 NMAC or a harvest
				permit.
B. Violation of the act,
				19.20.4 NMAC or a harvest permit is a misdemeanor punishable by a fine of not
				more than $1000 or by imprisonment in the county jail not to exceed one year or
				both for each violation, NMSA 1978, Section
				68-2-17.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 20 - FOREST MANAGEMENT › Part 5 - PRESCRIBED BURN MANAGER CERTIFICATION PROGRAM › Section 19.20.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
19.20.5 NMAC applies to applicants for prescribed burn
				  manager certification and individuals who are certified as prescribed burn
				  managers pursuant to the Prescribed Burning Act, Sections
				  68-5-1 to
				  68-5-8 NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 20 - FOREST MANAGEMENT › Part 5 - PRESCRIBED BURN MANAGER CERTIFICATION PROGRAM › Section 19.20.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
19.20.5 NMAC is adopted pursuant to the Prescribed Burning
				  Act, Section
				  68-5-7 NMSA 1978 and Subsection E
				  of Section 9-1-5 NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 20 - FOREST MANAGEMENT › Part 5 - PRESCRIBED BURN MANAGER CERTIFICATION PROGRAM › Section 19.20.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 13, 2023, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 20 - FOREST MANAGEMENT › Part 5 - PRESCRIBED BURN MANAGER CERTIFICATION PROGRAM › Section 19.20.5.8 - LEVELS OF PRESCRIBED BURN MANAGER CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
The two levels of certification for prescribed burn managers
				  from lowest to highest shall be:
A.
				certified pile burn manager; and
B.
				certified broadcast burn manager.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 20 - FOREST MANAGEMENT › Part 5 - PRESCRIBED BURN MANAGER CERTIFICATION PROGRAM › Section 19.20.5.9 - REQUIREMENTS FOR PILE BURN MANAGER CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Individuals shall successfully complete
				the following requirements before applying for pile burn manager certification,
				unless receiving waivers or reciprocity pursuant to Subsections B or C of
				19.20.5.9 NMAC. Individuals shall
				successfully complete the requirement in Paragraph (2) of Subsection A of
				19.20.5.9 NMAC, before applying
				for pile burn manager certification if receiving a partial waiver pursuant to
				Subsection D of
				19.20.5.9 NMAC.
(1) Prior to beginning the proficiency
				requirement in Paragraph (3) of Subsection A of
				19.20.5.9 NMAC, individuals may
				complete the NWCG S-110 basic wildland fire orientation (15 minutes online) or
				other substitute orientation approved by the division. Any supplemental
				materials, such as videos the division may develop, or substitute orientation,
				will be made available and posted on the division's website.
(2) Individuals shall complete (passing score
				of seventy percent or better) the nine-element course, which may be an online
				or in-person training course.
(3)
				Individuals shall successfully complete the proficiency requirement, which
				consists of burning experience in the role of pile burn manager, which shall
				include demonstration of general knowledge of fire behavior, weather, holding,
				fire techniques, control lines, smoke management, firing devices, tools and
				equipment. Successful demonstration of those elements shall be documented in a
				division approved proficiency workbook. The burning experience must be
				documented in the proficiency workbook by
(a)
				a pile burn manager certified pursuant to
				19.20.5.9 NMAC;
(b) division personnel; or
(c) an individual with at least NWCG
				prescribed burn boss type 3 qualifications.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 20 - FOREST MANAGEMENT › Part 5 - PRESCRIBED BURN MANAGER CERTIFICATION PROGRAM › Section 19.20.5.10 - REQUIREMENTS FOR BROADCAST BURN MANAGER CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Individuals shall successfully complete
				the following requirements before applying for broadcast burn manager
				certification, unless receiving waivers or reciprocity pursuant Subsections B
				or C of 19.20.5.10 NMAC.
(1) Individuals, including those who have
				completed the training for pile burn manager certification, shall successfully
				complete the following prior to beginning the proficiency requirements in
				Paragraph (3) of Subsection A of
				19.20.5.10 NMAC:
(a) NWCG S-190 wildland fire behavior (eight
				hours) or a division approved substitute course;
(b) NWCG S-290 intermediate fire behavior (32
				hours) or a division approved substitute course; and
(c) burn plan writing course approved by the
				division.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 20 - FOREST MANAGEMENT › Part 5 - PRESCRIBED BURN MANAGER CERTIFICATION PROGRAM › Section 19.20.5.11 - DEVELOPMENT OF TRAINING AND BURN PLAN WRITING AND REFRESHER CURRICULUMS AND COURSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Training
				modules approved by the division shall be provided by New Mexico state
				university, cooperative extension service to address at a minimum the first
				nine elements:
(1) legal
				requirements;
(2) safety;
(3) weather;
(4) fire behavior;
(5) smoke management;
(6) prescribed burn techniques;
(7) public relations;
(8) planning;
(9) contingencies; and
(10) other information specific to burning in
				New Mexico as determined necessary or appropriate.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 20 - FOREST MANAGEMENT › Part 5 - PRESCRIBED BURN MANAGER CERTIFICATION PROGRAM › Section 19.20.5.12 - APPLICATION FOR CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The division shall develop application forms for certification, which shall
				include the applicant's name, address, phone number, e-mail address, prescribed
				burning experience and training and the certification for which the individual
				is applying, and to document completion of certification
				requirements.
B. Applicants shall
				submit applications with proficiency workbooks, training certificates, letters
				of experience records and any other relevant materials to the
				division.
C. Review of applications
				for certification.
(1) Applicants shall
				submit completed documentation of courses and field experience to the
				division.
(2) The division shall
				provide the committee with applications to review.
(3) The committee shall document its decision
				to approve or deny certification and the documentation shall be available to
				the applicant upon request.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 20 - FOREST MANAGEMENT › Part 5 - PRESCRIBED BURN MANAGER CERTIFICATION PROGRAM › Section 19.20.5.13 - ESTABLISHMENT OF COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				division shall establish a committee to review applications for prescribed burn
				manager certification and provide oversight of the development and updating of
				training modules, refresher courses and recertification and cross-walk the
				training modules with other training and experiences.
B. Members of the committee shall include one
				division employee appointed by the state forester, one non-governmental
				organization representative and one council member representative. Ad-hoc
				members may be added at the request of the committee or the state
				forester.
C. Terms for the
				non-governmental organization and council member shall be for two
				years.
D. Minimum qualifications to
				serve on the committee as a non-governmental organization representative or
				council member representative include two years' experience planning and
				implementing prescribed burns.
E.
				Committee members may be nominated by submitting a letter with a description of
				qualifications to the state forester. The division shall post notice when
				nominations for committee members are being taken on the division's
				website.
F. The state forester
				shall select and appoint the committee members and shall have the authority to
				remove committee members prior to the end of their terms or replace the
				division employee appointed to the committee at the state forester's sole
				discretion.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 21 - ENDANGERED PLANTS › Part 2 - ENDANGERED PLANT SPECIES LIST AND COLLECTION PERMITS › Section 19.21.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Energy, Minerals and Natural Resources Department, Forestry
				  Division.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 21 - ENDANGERED PLANTS › Part 2 - ENDANGERED PLANT SPECIES LIST AND COLLECTION PERMITS › Section 19.21.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons who take, possess, transport, export from the
				  state, process, sell or offer for sale or shipment an endangered plant
				  species.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 21 - ENDANGERED PLANTS › Part 2 - ENDANGERED PLANT SPECIES LIST AND COLLECTION PERMITS › Section 19.21.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  75-6-1
				  NMSA 1978 directs the energy, minerals and natural resources department to
				  investigate all plant species in the state to develop information relating to
				  population, distribution, habitat needs, limiting factors and other biological
				  and ecological data, and to determine conservation measures and requirements
				  necessary for survival. The department shall establish a list of endangered
				  plant species based upon the investigations. It also authorizes the department
				  to prohibit the taking, possession, transportation, exportation from the state,
				  processing, sale or offer for sale or shipment of listed plants or plant
				  materials, except for permitted scientific purposes or propagation and
				  transplantation activities that enhance the survival of endangered
				  species.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 21 - ENDANGERED PLANTS › Part 2 - ENDANGERED PLANT SPECIES LIST AND COLLECTION PERMITS › Section 19.21.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 31, 1995, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 21 - ENDANGERED PLANTS › Part 2 - ENDANGERED PLANT SPECIES LIST AND COLLECTION PERMITS › Section 19.21.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish rules to implement Section
				  75-6-1
				  NMSA 1978 including establishing a list of endangered plant
				  species.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 21 - ENDANGERED PLANTS › Part 2 - ENDANGERED PLANT SPECIES LIST AND COLLECTION PERMITS › Section 19.21.2.8 - CRITERIA FOR INCLUSION ON THE ENDANGERED PLANT SPECIES LIST

Current through Register Vol. 35, No. 13, July 16, 2024
The following are the criteria for listing a plant as a
				  state endangered plant:
A. the taxon
				is listed as threatened or endangered under the provisions of the Federal
				Endangered Species Act (
				16
				U.S.C. Sections 1531
et
				seq
.), or is considered proposed under the tenets of the Act;
				or
B. the taxon is a rare plant
				across its range within the state, and of such limited distribution and
				population size that unregulated taking could adversely impact it and
				jeopardize its survival in New Mexico.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 21 - ENDANGERED PLANTS › Part 2 - ENDANGERED PLANT SPECIES LIST AND COLLECTION PERMITS › Section 19.21.2.10 - PROTECTION

Current through Register Vol. 35, No. 13, July 16, 2024
The taking of endangered plants, other than pursuant to a
				  permit issued by the state forester, is prohibited.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 21 - ENDANGERED PLANTS › Part 2 - ENDANGERED PLANT SPECIES LIST AND COLLECTION PERMITS › Section 19.21.2.11 - INCIDENTAL TAKE PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
The state forester may issue, issue with conditions or deny
				  requests for an incidental take permit to allow a permittee to take endangered
				  plants so long as taking is incidental to and not the purpose of carrying out
				  an otherwise lawful activity. Such requests shall be subject to the following
				  requirements.
A. The state forester
				may issue an incidental take permit only if the applicant submits a completed
				application on a form designated by the state forester that contains the
				following:
(1) the impact on the species that
				will likely result from the taking including the number of endangered plants to
				be taken;
(2) information and
				analysis that establishes that such taking will not appreciably reduce the
				likelihood of the survival and recovery of the species in the wild including
				range wide and local species status, number of endangered plants in the
				activity area, number of endangered plants in the activity area taken, number
				of endangered plants in the activity area avoided, direct and indirect effects
				on the species and population resulting from the activity, disturbance
				frequency and intensity, cumulative effects resulting from the activity and
				interrelated effects affecting the species' survival and any supporting
				documentation;
(3) the best
				management practices and mitigation activities the applicant will use to avoid,
				minimize and mitigate the impacts to the species from such a taking during the
				implementation of the proposed activity (
e.g.
, fencing off
				areas with endangered plants during construction period, saving topsoil layer
				and returning to site after construction, dust mitigation, seed collection,
				adjusting or reducing project footprint, biological monitoring on site during
				construction); and
(4) signed
				commitment that applicant will implement the best management practices and
				mitigation activities and submit a written report upon completion of the
				practices and activities.