N.M. Code R. § 19.33.4.8 – Release of Confidential Data

A. Subject to the restrictions applicable to private property, confidential data may only be released to persons, organizations or agencies upon submission to the Director of a written application describing a legitimate need for scientific or management purposes consistent with the objectives of the Wildlife Conservation Act.
B. Confidential data will not be submitted to any public repository established under the Wildlife Conservation Act, except as coded in 19.33.4.7.B4.
C. Confidential data regarding private property, or which would identify or lead to the identification of any private property, will not be released under any circumstances without specific written agreement from the private property owner or their designee.
D. The Department may use confidential data for the purpose of species management and species management planning.
E. Coded Confidential Data regarding private land as described in 19.33.4.7.B4 as county-wide, or other unit-wide, information may be included in reports, public repository or documents as necessary to meet reporting requirements from funding sources or for management of the listed or proposed species.
F. Any confidential data, which is contained in any Department documents which would otherwise be released pursuant to a request for inspection of public records, shall be redacted from those documents prior to release of those documents.
G. If the Department is involved with an assessment of a project proposed on private property that indicates potential impacts to a listed or proposed species covered under this regulation the Director may release that confidential data necessary to address the potential impact.
H. Pursuant to the New Mexico Mining Act (Chapter 69 NMSA 1978 and 19 NMAC 10.2) and Surface Coal Mining Regulations (19 NMAC 18.2) the Department may use confidential data to assess potential impacts of mining operations on private land and the Director may release that confidential data necessary to address potential impacts to listed or proposed species covered under this regulation.
I. The classification of data as “confidential” shall not prevent the release of data to appropriate law enforcement officials if there is reason to believe that violations of laws or regulations regarding listed species protected under this confidentiality regulation are occurring or have recently occurred. The Director or his designee will make a determination of whether to release information on a case by case basis.
[1-31-96; 19.33.4.8 NMAC – Rn & A, 19 NMAC 33.4.8, 4/14/00]
HISTORY OF 19.33.4 NMAC:
NMAC History: 19.33.4 Confidential Data Regarding Endangered Species, 1-18-96.
History of Repealed Material: [RESERVED]