Sources: Burns Indiana Statutes Annotated, Title 14, 1990; 1992 Cumulative Supplement.
STATE WILDLIFE POLICY
The Department of Natural Resources has the authority and responsibility to protect and properly manage the fish and wildlife resources of the state. Any and all wild animals, except those legally owned or held in captivity under license or permit or as otherwise excepted in this article, shall be the property of the people of the state and the protection, reproduction, care, management, survival, and regulation of the wild animal population shall be entrusted to the Division of Fish and Wildlife of the Department (14-2-1-2). (See also Agency Funding Sources under STATE FISH AND WILDLIFE AGENCIES.)
PROTECTED SPECIES OF WILDLIFE
Except as provided in the Director's regulations, it is unlawful to take, possess, transport, export, process, sell or ship nongame species deemed by the Director to be in need of management, or for any common carrier knowingly to transport nongame species in need of management (14-2-8.5-4). The Director shall conduct investigations on nongame species to determine which species are in need of management and shall issue regulations setting forth those nongame species. The Director may consider information relating to population, distribution, habitat needs, limiting factors and other biological and ecological data. The Director shall issue proposed regulations to develop management programs designed to insure the continued perpetuation of nongame species in need of management. Investigations shall be ongoing and regulations may from time to time be amended (14-2-8.5-2). The Director shall by regulations establish limitations on taking, possession, transportation, exportation, use, processing, sale or shipment of nongame species deemed necessary to manage them (14-2-8.5-3).
On the basis of investigations and other available scientific and commercial data, and after consultation with other state wildlife agencies, federal agencies and other interested persons and organizations, the Director shall, by rule, list those species/subspecies of wildlife indigenous to the state (14-2-8.5-5). This list shall be reviewed and amended at least every two years, and the Director shall submit to the Governor a summary report of the data used in support of all amendments to the list during the preceding biennium (14-2-8.5-6).
Except as otherwise provided, it is unlawful to take, possess, transport, export, process, ship, sell (or for any common carrier to ship) any species or subspecies of wildlife appearing on the list of state indigenous wildlife determined to be endangered, the US list of endangered wildlife, or the state list of endangered species developed under 14-2-8.5-8. Any species on any of the foregoing lists which enters the state from another state or country and which is transported across the state destined for a point beyond the state may be transported without restriction in accordance with federal or other state permits (14-2-8.5-7). If the Director determines that any species should be designated endangered and has not been by the federal government, the Director by rule may make such addition binding whether or not such species are indigenous to the state (14-2-8.5-8). The Director shall establish such programs, including acquisition of land or aquatic habitat, deemed necessary for management of nongame species and shall utilize all authority vested in the department for this purpose, and may enter into agreements with agencies or private persons for administration and management of areas utilized for management of nongame species. The Governor shall utilize other programs in furtherance of these purposes to the extent practicable, and shall encourage other state and federal agencies to do likewise (14- 2-8.5-9). The costs of programs established herein for endangered species and nongame species in need of management shall not be borne by funds dedicated to fish and game purposes. (See also ANIMAL DAMAGE CONTROL and GENERAL EXCEPTIONS TO PROTECTION.)
HABITAT PROTECTION
The Department shall contract for the development of game bird habitats in the state. Each contract shall be for a minimum of three years and provide a plan for development of habitat for one or more species of game birds. The Department may seek cooperation from federal agencies such as the Soil Conservation Service in plan development and compensation not to exceed $100 per acre per year, and each contract may provide that the site be open for regulated public game bird hunting. The Department may purchase from willing sellers land for the development of game bird habitats (14-2-4.6-5).
See also PROTECTED SPECIES OF WILDLIFE and Agency Funding Sources under STATE FISH AND WILDLIFE AGENCIES.
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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