The state's population density is 13 people per square mile. The overall risk to ecosystems is still high. Population density has increased 16 percent since 1982. The amount of developed land increased 23 percent between 1982 and 1992. Ninety percent of the state's presettlement riparian ecosystems have been lost. Thirty-three percent of the state's wetlands have been lost since 1780. The state has 37 federally listed threatened and endangered species.
Biological Diversity Policy
New Mexico does not have a formal biodiversity policy. A related policy, the Forest Land Policy, statutorily requires the adoption of forest practices that maintain and enhance resources such as wildlife habitat. (N.M. Stat. Ann. 68-2-24)
Status of Biodiversity Science
New Mexico does not have a coordinated assessment system in place. However, the state uses the Natural Heritage database, as well as the Biota Information System of New Mexico to identify regions of concern for sensitive species of animals. In addition, the state's GAP was initiated in 1992. Finally, the Natural Resources Information System is a comprehensive system containing databases on the distribution of rare plants.
Endangered Species
New Mexico has separate provisions for endangered plants and animals. The Wildlife Conservation Act covers all animal species and distinct populations, except for insects whose protection would present an overwhelming and overriding risk to humans. (N.M. Stat. Ann. 17-2-37 et seq.) Listing is based on science only, although affected landowners and resource managers must be consulted during the listing process. Recovery plans are required, and are based on a multiple species approach in which plans include several threatened or endangered species that utilize similar habitats or share a common threat or both. Critical habitat designation and agency consultation are not required. Penalties include fines of $1,000 and/or 30 to 365 days in jail.
For plants, listing is based on scientific investigations. (N.M. Stat. Ann. 75-6-1) No other protective measures, other than a takings prohibition were identified. Penalties include fines of $300 to $1,000 and/or imprisonment of not more than 120 days.
State Agency Management for Biodiversity
State-owned Lands
Several provisions exist requiring state agencies to plan and manage their lands in a biologically sustainable manner. The Habitat Protection Act allows state-owned lands to be closed to vehicles and camping if such activities are damaging to wildlife. (N.M. Stat. Ann. 17-6-1 et seq.) The Rangeland Protection Act regulates the improvement of rangeland areas to improve wildlife habitat. (N.M. Stat. Ann. 76-7B-1 to 7) The State Land Office has an informal program of riparian restoration on state-owned lands. The office is also considering a mechanism to lease state lands for other than traditional uses, such as conservation and preservation.
Cooperative Efforts
Cooperative efforts include cooperation between the Conservation Services Division and federal and other state agencics to manage public wildlife habitat, including wildlife viewing areas and public lakes. (N.M. Stat. Ann. 17-1-14) The Mining and Minerals Division works with other state agencies to address biodiversity issues on lands reclaimed after mining.
State Agency Training
New Mexico does not have identified programs of agency personnel training for biodiversity.
Impact Assessment
New Mexico does not have a "little NEPA." Several attempts have been made to pass such an act, but they have been unsuccessful. A "little NEPA" enacted several years ago was repealed.
Habitat Acquisition
New Mexico has several land acquisition programs. The Natural Lands Protection Act provides for the joint acquisition of unique and ecologically significant lands. (N.M. Stat. Ann. 75-5-1 et seq.) Purchase of the lands is made by the state and a land trust. Funding is based solely on legislative appropriations. Although $275,000 was appropriated for 1994-1995, no monies were appropriated for 1995-1996. Other programs include the Game and Fish Bond Act, which provides for hunting and fishing license fee revenues to be used in part for game and fish habitat acquisition. (N.M. Stat. Ann. 17-1-16 et seq.) The Natural Resources Trustee Act establishes a fund for the preservation or improvement of nongame wildlife and its habitat, although the money must be appropriated by the legislature. (N.M. Stat. Ann. 75-7-1 et seq.)
Private Land Conservation
The state offers some private land conservation programs. For example, a Land Use Easement Act authorizes the creation of easements to protect natural resources (N.M. Stat. Ann. 47-12-1 et seq.) The Conservation Services Division exempts landowners from liability for injury when they give an easement or right of way across their land to the state. (N.M. Stat. Ann. 17-6-8) A Forest Stewardship Program also assists landowners in improving wildlife habitat.
Exotic Species
Several provisions exist to control the introduction and spread of some exotic species. For example, noxious weeds and harmful plants are regulated by statute. (N.M. Stat. Ann. 76-7-23 et seq.; 76-7A-1 et seq.; 76-8-2) It is a misdemeanor to import any live animal, bird or fish into the state without first obtaining a permit. (N.M. Stat. Ann. 17-3-32 et seq.) The introduction of exotic game is prohibited.
Predator or Animal Damage Control Activities
New Mexico has an animal damage control program that is operated in conjunction with the federal government, although the federal agency oversees day-to-day operations. (N.M. Stat. Ann. 77-15-1 et seq.) A state mandate requires that 25 percent of the state monies appropriated to the program must be used toward "non-injurious methods of predatory control. In addition, the state has a rodent and predator control program.
Additional Legal Protections for Biodiversity
The state constitution declares the protection of the state's natural resources to be of "fundamental importance" to the public. (N.M. Const. art. XX, 21)
New Mexico has a statute that allows a private citizen to sue to abate a public nuisance. (N.M. Stat. Ann. 30-8-8)
Related Issues
New Mexico has many programs of environmental education, including Project WILD, and published a wildlife viewing guide in 1994.
New Mexico does not currently have a takings law, although two bills were introduced in the 1995 legislative session and defeated.
Contacts:
Department of Agriculture
P.O. Box 30005
Dept. 3189
Las Cruces, NM 88003-8005
505-646-3007
New Mexico Dept. of Game and Fish
P.O. Box 25112
Santa Fe, NM 87504
505-827-7911
State Extension Service
Box 30003
Campus Box 3AG
NM State University
Las Cruces, NM 88003
505-646-3748
New Mexico State ADC
2113 Osuna Road, NE
Suite B
Albuquerque, NM 87113-1001
505-761-4640
New Mexico Natural Heritage Program
University of New Mexico
2500 Yale Boulevard, SE
Suite 100
Albuquerque, NM 87131-1091
505-277-1991
New Mexico Center for Wildlife Law
University of New Mexico School of Law
1117 Stanford NE, Albuquerque, NM 87131
(505) 277-5006
lprovenc@unm.edu