1. A. It is unlawful for any person to take free-ranging, native amphibians and reptiles in New Mexico for commercial purposes without purchasing and having in possession a valid commercial collecting permit. In addition, nonresidents must purchase and also have in their possession a nonresident hunting license listed in Section 17-3-13 NMSA 1978 required by law for the year in which the taking is done.
2. B. It is unlawful to take all free-ranging, native amphibians and reptiles species that are Federal or State listed as threatened or endangered.

3. C. Exceptions:

   (1) When there is an emergency situation involving an immediate threat to human life or private property, rattlesnakes may be captured, removed, or destroyed without a permit.

   (2) No permit is necessary for take of free-ranging, native amphibians and reptiles for the purpose of rattlesnake roundups, fish bait, or lizard races. A commercial collecting permit is required when these species are taken for a commercial purpose.

   (3) All other species of snake (other than rattlesnakes) collected and displayed for rattlesnake roundups shall not be bought, sold, or traded unless the person collecting such snakes is in possession of a commercial take permit.

   (4) Amphibians and reptiles held in captivity prior to July 1, 2001 and their progeny are not subject to these regulations.

[19.35.10.8 NMAC - N, 10-31-01]