New Mexico § 75-6-1 - Endangered plant species; definition; conservation; penalty protection; permits

§ 75-6-1. Endangered plant species; definition; conservation; penalty protection; permits

A. As used in this section, “endangered plant species” means any plant species whose

prospects of survival within the state are in jeopardy or are likely, within the foreseeable

future, to become jeopardized. Regulations passed by the natural resources department establishing a list of endangered

plant species shall include those species listed in the federal Endangered Species

Act of 1973 1 or as that act may be amended. B. The natural resources department shall conduct investigations of all species of

plants in the state in order 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 their survival. On the basis of these investigations, the department shall establish a list of endangered

plant species. C. The department shall establish a program necessary for the conservation of listed

endangered plant species. That program shall include research, census, law enforcement, habitat maintenance,

propagation and transplantation. As used in this section, law enforcement shall be defined to be law enforcement

for purposes of enforcement of the prohibition against taking, possession, transportation,

exportation from this state, processing, sale or offer for sale or shipment within

this state of listed plants or plant materials. D. The department shall have authority to protect species of plants determined to

be endangered by prohibiting the taking, possession, transportation, exportation from

this state, processing, sale or offer for sale or shipment within this state of such

species. Any person who violates the provisions of this subsection or any regulations issued

pursuant to this subsection is guilty of a misdemeanor and upon conviction shall be

fined not less than three hundred dollars ($300) nor more than one thousand dollars

($1,000) or be imprisoned for a term of not more than one hundred twenty days or both. As used in this section, “possession” shall be defined to be possession of listed

plants or plant materials for purposes of taking, transportation, exportation from

this state, processing, sale or offer for sale or shipment within this state. E. The department may by permit allow collection otherwise prohibited by this section

for scientific purposes or to enhance the propagation or survival of the affected

species by transplanting or other means, but such permit shall not authorize any action

that would violate federal laws or regulations. F. The department may enter into agreements with federal agencies, other states, agencies

or political subdivisions of the state, or with individuals for administration and

management of any program established under this section. 1

16 U.S.C.A. § 1531 et seq.