A. On the basis of investigations concerning wildlife, other available scientific and commercial data and after consultation with wildlife agencies in other states, appropriate federal agencies, local and tribal governments and other interested persons and organizations, the commission shall by regulation develop a list of those species of wildlife indigenous to the state that are determined to be threatened or endangered within the state, giving their common and scientific names by species and subspecies.

B. The director shall conduct a review of the state list of threatened or endangered species and shall present biennially to the commission his recommendations for appropriate action. The commission shall act on the director's biennial recommendations at its next regularly scheduled meeting. The commission shall adopt, no later than January 1, 1996, regulations providing procedures for commission actions on the director's recommendations to continue to list or to upgrade or downgrade a species.

C. Except as otherwise provided in the Wildlife Conservation Act [17-2-33 to 17-2-36 NMSA 1978], it is unlawful for any person to take, possess, transport, export, process, sell or offer for sale or ship any species of wildlife appearing on any of the following lists:

(1) the list of wildlife indigenous to the state determined to be endangered within the state as set forth by regulations of the commission; and

(2) the United States lists of endangered native and foreign fish and wildlife as set forth in Section 4 of the Endangered Species Act of 1973 as endangered or threatened species, but only to the extent that those lists are adopted for this purpose by regulations of the commission; provided that any species of wildlife appearing on any of the lists set forth in this subsection, transported into the state from another state or from a point outside the territorial limits of the United States and which is destined for a point beyond the state, may be transported across the state without restriction in accordance with the terms of any federal permit or permit issued under the laws or regulations of another state or otherwise in accordance with the laws of another state.

D. The provisions of Subsection C of this section shall not apply to a taking of wildlife by a Native American for religious purposes, unless it materially and negatively affects an endangered species or threatened species.

History: 1953 Comp., § 53-2-54, enacted by Laws 1974, ch. 83, § 5; 1995, ch. 145, § 6.

Cross references. — For Section 4 of the federal Endangered Species Act of 1973, see 16 U.S.C. § 1533.

The 1995 amendment, in Subsection A, inserted "local and tribal governments", deleted "not later than one year after the effective date of the Wildlife Conservation Act" preceding "the commission shall", deleted "and subspecies" following "species" and inserted "threatened or" preceding "endangered"; in Subsection B, inserted the language beginning "of threatened or" for "of endangered species biennially commencing within two years of the effective date of the Wildlife Conservation Act and may present to the commission recommendations for appropriate additions to or deletions from the list" in the first sentence and added the second and third sentences; deleted "or subspecies" following "species" in two places in Subsection C; added Subsection D; and made minor stylistic changes.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 35 Am. Jur. 2d Fish and Game § 50.5.

16D C.J.S. Constitutional Law § 1416.