New Mexico § 17-2-41 - Endangered species

§ 17-2-41. Endangered species

A. On the basis of investigations concerning wildlife, other available scientific

and commercial data and after consultation with wildlife agencies in other states,

appropriate federal agencies, local and tribal governments and other interested persons

and organizations, the commission shall by regulation develop a list of those species

of wildlife indigenous to the state that are determined to be threatened or endangered

within the state, giving their common and scientific names by species and subspecies. B. The director shall conduct a review of the state list of threatened or endangered

species and shall present biennially to the commission his recommendations for appropriate

action. The commission shall act on the director's biennial recommendations at its next

regularly scheduled meeting. The commission shall adopt, no later than January 1, 1996, regulations providing

procedures for commission actions on the director's recommendations to continue to

list or to upgrade or downgrade a species. C. Except as otherwise provided in the Wildlife Conservation Act, it is unlawful for

any person to take, possess, transport, export, process, sell or offer for sale or

ship any species of wildlife appearing on any of the following lists: (1) the list of wildlife indigenous to the state determined to be endangered within

the state as set forth by regulations of the commission; and (2) the United States lists of endangered native and foreign fish and wildlife as

set forth in Section 4 of the Endangered Species Act of 1973 1 as endangered or threatened species, but only to the extent that those lists are

adopted for this purpose by regulations of the commission; provided that any species

of wildlife appearing on any of the lists set forth in this subsection, transported

into the state from another state or from a point outside the territorial limits of

the United States and which is destined for a point beyond the state, may be transported

across the state without restriction in accordance with the terms of any federal permit

or permit issued under the laws or regulations of another state or otherwise in accordance

with the laws of another state. D. The provisions of Subsection C of this section shall not apply to a taking of wildlife

by a Native American for religious purposes, unless it materially and negatively affects

an endangered species or threatened species. 1

16 U.S.C.A. § 1533.