N.M. Code R. § 19.33.4.7 – Definitions

A. “Data,” as used herein, means facts or information generated by a study or investigation of species that may be considered for listing or delisting and/or facts or information concerning a listed species.
B. “Confidential Data,” as used herein, means:
(1) Data on the distribution and location of listed or proposed species, received or obtained by the Department of Game and Fish, from individuals or agencies, under a written agreement of confidentiality.
(2) Data on the distribution and location of species, identified by the Director as data which, if publicly disseminated, may result in the taking of, or otherwise harm, a species being investigated for listing as threatened or endangered, and/or a listed species.
(3) “Confidential data regarding private property,” as used herein, means distribution and location of listed or proposed species on private property received or generated by the Department during a listing study or investigation as defined in 17-2-40 NMSA 1978. This shall include listed or proposed species distribution and locations recorded as map coordinates, maps, GPS coordinates, property owner names, property/ranch names, or other data that may identify, or lead to the identification of specific locations on private property. Stipulations in this section will apply to data collected after the section modification becomes effective.
(4) “Coded confidential data regarding private property”, as used herein means Confidential Data, as described in 19.33.4.7.B3 that is coded in a manner that allows a description of location and distribution by county or other appropriate geographic unit which does not represent a single parcel of private land. This county-wide, or other unit-wide, information may be included in reports or documents as necessary to meet reporting requirements or for management of the species.
C. “Investigation”, as used herein, means a process pursuant to Subsections B through L of Section 17-2-40 NMSA 1978.
D. “Listed Species”, as used herein, means any species listed as threatened or endangered pursuant to 17-2-41 (A) NMSA 1978.
E. “Proposed Species” as used herein, means any species for which a listing investigation has been formally initiated under the Wildlife Conservation Act as described in 17.2.40 Section A, NMSA 1978.
F. “Department” as used herein means, the New Mexico Department of Game and Fish.
G. “Director” as used herein means, the Director of the New Mexico Department of Game and Fish.
[1-31-96; 19.33.4.7 NMAC – Rn & A, 19 NMAC 33.4.7, 4/14/00]