1. A. The department shall withhold location information:

   1. (1) that could be used to locate an animal(s) or be used contrary to the principles of fair chase;
   2. (2) as long as a transmitter is active;
   3. (3) until the transmittered animal is known, or can be reasonably be assumed, to be dead;
   4. (4) during an ongoing study;

2. (5) if it could compromise the viability of a population where there is a known demand to visit, take, or disturb the species;

   1. (6) if it could encourage illegal take;
   2. (7) if the species has a limited distribution either continuously or at specific times;
   3. (8) that has been provided to the department from other agencies, universities, or other researchers; and
   4. (9) as provided in 19.33.4 NMAC.

3. B. The department shall withhold individual active radio frequencies.

   19.30.19 EXEMPTIONS FROM WITHHOLDING LOCATION INFORMATION: The department may release location information and radio frequencies if:

4. A. entering into agreements for scientific, management, conservation, or educational purposes.
5. B. determined that the individual or population is not at risk of being compromised by releasing the location data.

6. C. buffered such that the location information would not compromise the individual or population.

   HISTORY OF 19.30.18 NMAC: [RESERVED]

[19.30.18.8 NMAC – N, 2/11/2020]

[19.30.18.9 NMAC – N, 2/11/2020]