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New Mexico State Biological Resource Considerations (12-NM-a)

The New Mexico Department of Game and Fish (NMDGF) preserves endangered or threatened wildlife in the state against any direct take under NMSA 17-2-41. A list of threatened or endangered species is available at NMAC 19.33.6. However, incidental takings are not within the scope of statute. New Mexico law only requires consultation with the NMDGF for projects on State Game Commission land, however, developers are encouraged to consult with NMDGF for all projects that may impact wildlife and ecosystems in New Mexico.


State Biological Resource Considerations Process

12-NM-a.1 - Is the Project Located in a Wildlife Management Area?

Wildlife Management Areas (WMAs) are regulated and controlled by the NMDGF. Generally, WMAs have a statutorily defined purpose of use for activities related to hunting, fishing, and outdoor recreation. It is illegal to remove minerals from WMAs. NMAC 19.34.3.13.D. Geothermal development projects are in all likelihood prohibited in WMAs, however developers may be able to construct a right of way within a WMA. Consult the NMDGF for more information.

12-NM-a.2 to 12-NM-a.3 - Does the Developer Voluntarily Choose to Consult with the NMDGF?

If the project is not located in a WMA, developers do not need a permit or permission from NMDGF. However, developers may still consult with the NMDGF in order to determine potential project impacts on wildlife and best practices for mitigating adverse effects. Developers electing not to consult with the NMDGF, should still review helpful project-specific guidelines for Mining Projects and Powerline Projects.

12-NM-a.4 to 12-NM-a.6 - Consult with the NMDGF and Review Project

In order to accurately assess the impacts of the project on New Mexico’s habitats, the developer is encouraged to consult with the NMDGF. The NMDGF may conduct biological reviews for developers so long as the developer sends documents to the Santa Fe and appropriate area office outlining the following:

  • Location (maps) of the project;
  • Project description and timeline;
  • Site description, including topographical, vegetation, and drainage information;
  • Proposed mitigation activities; and if applicable,
  • Environmental documentation.

The NMDGF normally completes biological reviews and returns completed comments and recommendations within 30 days of receipt of a complete request. After consultation, a developer is not bound to follow any of the comments or recommendations. Nevertheless, developers should attempt to incorporate recommendations into the project where practicable. For more information, visit the NMDGF website.




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Edit New Mexico Department of Game and Fish
Mining Habitat Specialist
505.476.8159
rjankowitz@stateabbazabbanmabbazabbaus
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