(long) More information - - -
http://professionalaviculture.blogspot.com
(See the blogspot for hyperlinks to much of this information)
Information is posted on the department’s website for public review at http://www.wildlife.state.nm.us/documents/ProposedImportationrule2010.htm
REXANO also has information posted on their New Mexico Page
* * * * UPDATE * * * *
I have gone over the 61 page draft of Importation species -especially for birds in the pet trade. The list is inaccurate and contains many errors. For instance CITES I birds are listed as CITES II and placed in category III and CITES II birds are often placed in Category IV. I imagine there are errors made in the listing for mammals, fish, herps, etc. If so, the Commission needs to be aware of this.
I made some notes in brackets - thinking out loud about points we can make in our letters.
COMMISSION MEETING AGENDA BRIEFING
Meeting Date: June 3, 2010 Agenda Item Number: 17
Agenda Title: Importation of Live Non-Domestic Animals, Birds and Fish (19.35.7 NMAC), and Game and Fish Licenses/Permits (19.30.9 NMAC).
1) Summary of Agenda Item: The Department will present draft rule amendments for Importation of Non-domestic animals (19.35.7 NMAC) and Game and Fish Licenses/Permits (19.30.9 NMAC). The Department has being working on these amendments and seeking public input since May 3, 2007. This is an update only item for the commission, with the Department proposing to seek final action at the July 2010 commission meeting. The Department is recommending repealing the current rule because of extensive changes. The following is a highlight of importation changes the new rule includes: • Creates a section that defines the Director’s authority to:
[Who is on the Director's team? Who advises him about species information, if anyone? Usually these types of matters are governed by various people - including those who are in the pet trade, "exotic" animal owners and those who captive breed such animals]
1. Designate domesticated animals where no importation permit is required from the Department.
[I have asked Letitia Lee what process is involved to remove animals from the current draft list. As of today, I have not yet received a reply. Good arguments can be made regarding which domestic animals do not require an importation permit - such as those commonly in the pet trade and which have been captive bred for several generations. They list a number of CITES species - but CITES pertains to international trade. Birds in the pet trade may be threatened, endangered and/or invasive pest species in their NATIVE countries but the information does not apply to captive bred birds in the USA. Furthermore, the WBCA - Wild Bird Conservation Act - was passed in 1992 and birds are no longer imported from other countries for the pet trade.]
2. Development a species importation list (minimum of 4 groups) including conditions under which an animal may be imported into the state.
[This list is inaccurate. Quaker parakeets have been listed as invasive and state prohibited when they currently are not. Cockatiels are listed as CITES II, but they are not on CITES. Permits will be required for them. See a copy of the $15.00 Importation Permit Application for Commercial Pet Stores and the $25.00 Importation Permit Application for Non-Game - Exotic or Wildlife Held as Pets.]
3. Determine eligibility requirements for future importation, should anyone violate the provisions of importation, including proposing corrective measures
[NM appears to be creating criminal offenses for possible paperwork errors. This brings us back to their draft list which is inaccurate.]
4.Create administrative fees up to $500 (COC) for failure to comply with importation (for admin review, inspections, updating files, etc)
[Fees collected are self perpetuating and will justify and provide incentive to "uncover" crimes. The money will not be used to advance conservation of species or aid in captive breeding programs.]
5. Designate an individual as a qualified expert
[What criteria will they use? How can we determine if they are qualified to designate someone as an expert?]
6. Determine all forms and applications
7. Determine all notices and postings
8. Determine an additional fee up to $25 for anyone requesting their application be expedited.
[How many people and offices will be involved in issuing permit applications? Will we see problems caused by bureaucratic red tape and paperwork errors?]
• Allows for a Director’s review (1st layer of appeal) prior to an appeal to the commission.
[This is a conflict of interest. Shouldn't a non-biased mediator be allowed to look at these appeals?]
• Expands current intrastate movement for animal health emergency (beyond cervids/Game Parks)
[This is currently under the jurisdiction of APHIS]
• Creates series of administrative restrictions to compliment [sic] criminal violations
[Why are both necessary? Paperwork errors can make innocent people criminals in certain situations.]
• Creates additional health and facility allowances
[I am not sure what this means]
• Minor changes to fisheries (fee structure and ornamental fish)
• Creates a hold harmless/immunity provision requirement
• Creates more definitions, including a dangerous animal definition for predatory or venomous animals
[Many county and local ordinances cover such matters]
• Creates warning notices requirements for dangerous animals
[This could be done through a state law]
• Adds different importation fees relating to number of animals to be imported
[What are these fees? Where can we find them?]
A variety of other changes are also being proposed for amendment.
2) Strategic Plan References & Possible Impacts of Agenda Item: Objective 8: That through 2014 hunting and fishing opportunities are maintained through prevention and control of wildlife diseases.
Strategy 8.1: Detect, monitor, manage, and prevent the spread of wildlife diseases through coordination with the New Mexico Department of Health, the New Mexico Livestock Board, the New Mexico Department of Agriculture, USDA Animal Plant and Health Inspection Service, USDA Wildlife Services, and USDA Veterinary Services and other appropriate agencies.
[There is already a system in place to monitor diseases. Why should Law Enforcement get involved with this process unless they are specifically asked to do so?]
Action Plan: 8.1.1 Adopt and enforce rules as required by statute to control, eradicate, or prevent the spread of a contagious disease, pest or parasite, to or among game animals.
8.1.5 Manage the importation of protected species of live animals, birds, or fish into New Mexico.
The Department continues to deal with issues and concerns relating to disease, hybridization and predation from free-ranging and captive species of wild animals. The current proposals for the importation rule upholds protective measures while seeking some flexibility in allowing people to comply with specific importation requirements.
[As stakeholders who may or may not own animals related to possible problems referenced above, we need to ask what problems New Mexico has had or is having. What triggered this part of the rule?]
3) Estimated Distribution, Abundance, Habitat Requirements, Breeding Habits and Economic Values (§17-1-26, NMSA, 1978) of Species if Applicable: A main emphasis in the importation rule is to protect New Mexico from introduction of infectious/contagious diseases, crossbreeding and displacement by non-desirable species. This emphasis is to insure that managed species abundance, habitats and economic value are not negatively affected by imported animals.
[I believe that this section may be primarily directed towards fish and herps. I do not have the in depth knowledge to address these concerns, but you and your groups need to make your voices heard.]
4) Considerations Regarding Duplications and /or Conflicts with Existing Rules or Statutes: State laws require the Commission to establish rules to control and prevent disease outbreaks (17-1-14.B.15 NMSA 1978), and emphasizes importation permitting is in place to protect [the State] against importation of undesirable species and the introduction of infectious or contagious diseases (17-3-32 NMSA 1978).
[I haven't had a chance to compile a list of all the rules and statutes that cover any real or possible threats]
5) Description and Summary of Public Involvement Process and Results: The Department has held public meetings since April 2007 to seek comments on rule amendments for importation. Meetings have been held in Albuquerque, Farmington, Las Cruces, Roswell and Santa Fe. The Department has also posted this rule on its website and is still taking comments.
[Shouldn't these comments be published and made public? I have not found any to date, but will request them]
6) Suggested Motion: This is a discussion item. No motion is requested, unless Commission discretion indicates that specific direction through a motion is warranted.
(printed as is)
M I N U T E S
NEW MEXICO STATE GAME COMMISSION
Northern New Mexico Community College
921 Paseo de Oñate (Española Campus – Rm. # AD101-102)
Española, NM 87532
May 3, 2007
AGENDA ITEM NO. 18: Importation of Live Non-Domestic Animals, Birds and Fish (19.35.7, NMAC) and Game and Fish Licenses/Permits (19.30.9, NMAC).
Presented by Pat Snyder – This will be on the opening up the rule on the importation of live non-domestic animals, birds, and fish and the game and fish license and permits, so it will be Rules 19.35.7 and 19.30.9, NMAC. [Be sure and read this link]
Basically, the Department does have the authority to protect the state’s wildlife from undesirable species and make it a misdemeanor to import any live animals without first obtaining a permit, Section 17-3-32, NMSA, 1978. Section 17-12-6, NMSA, 1978, allows the Commission to set up whatever rules it deems necessary for the protection of that.
The Importation Rule, 19.35, NMAC, basically the scope is to any person desiring to bring into the state wildlife species and the objective is to provide consistent criteria for the importation of wildlife. The things we’re looking at now is more of the non-game animals, i.e., the wild by nature pets, and Section 19.35.7.13, NMAC, says that any applicant bringing in a live, non-game wildlife, they have to submit a confinement plan, a certificate from a veterinarian showing that that animal is disease free, proof of the pertinent county/city that possession of that critter is allowed, and copies of any federal permits that are required, and if it is a venomous reptile, that it be de-venomized.
Upon receipt of that application we will allow the import only if it doesn’t compete with native wildlife, does not hypertize [sic] with other New Mexico native species, conflict with management, does not pose a threat to human health or livestock, all federal permits have been obtained, adequate public comment, and it doesn’t pose a threat of immediate disease. Some of the problems we’ve had with some of the others, this is a newspaper article from Las Cruces where a pet shop owner had brought in some Egyptian cobras, they weren’t imported, they weren’t devenomized in Florida. This is another example where someone had an alligator as a baby, it grew too big and he couldn’t afford to feed it anymore so he let it loose and it came in contact with the public and someone else came across it and I believe there was another situation like this in Texas along the Rio Grande where an alligator was found. Some of the other concerns we have are diseases, Chronic Wasting Disease, Monkey Pox, Avian flu [major outbreaks have been in foreign countries, not ours], and the other thing we’re looking at is the cost.
We’re going to charge people for bringing in non-game animals. We’re looking at $25 per animal and what we’re looking for is there are a lot of people who don’t know these regulations exist so currently we’re working with the pet industry informing them of what the regulations are because we realize wild pets [The pets are captive bred] are being imported and probably a large number of these imports are not all legal [???] so we’re trying to facilitate with the pet industry [I just recently was informed of this proposed rule], educate people where necessary [and vice versa]. Over the last several weeks we’ve had meetings in Roswell, Las Cruces, Santa Fe, and Albuquerque and we’re going to have 1 in Farmington next week. Each state has their own things and they can’t possess or import rattle snakes in Arizona whether native or non-native, and in Colorado you can’t possess any caimans at all.
In conclusion, we’re going to try and assist the pet trade [???] with legal importation the public is requesting, promote the public economy [in fact, this will negatively impact a number of small tax-paying businesses], insure adherence and compliance with all the rules, and maximize the safeguard for the state population and protected wildlife, and be as pro-active as we can with disease prevention and undesirable species.
So our request is to formally open the importation of live, non-domestic animals, birds, and fish Rule 19.35.7, NMAC, and the Game and Fish License Permit Rule 19.30.9, NMAC, for public comment with the understanding the Department will come back to the Commission at a later meeting with rule amendments and recommendations. We’ll also be soliciting input on the web and through phone calls.
MOTION: Commissioner Riley moved to formally open the Importation of Live Non-Domestic Animals, Birds and Fish Rule 19.35.7, NMAC, and the Game and Fish License/Permit Rule for 19.30.9, NMAC, for public comment with the understanding the Department will come back to the Commission at a later meeting with rule amendment recommendations.
Commissioner Salmon seconded the motion.
VOTE: Voice vote taken. All present voted in the Affirmative. Motion carried unanimously.
~ ~ ~ ~ ~ ~ ~ ~ ~ ~
You may want to send a copy of your letter to other concerned parties.
DIRECTOR AND SECRETARY
TO THE COMMISSION
Bruce C. Thompson, Ph.D.
Tod Stevenson, Deputy Director
STATE OF NEW MEXICO
DEPARTMENT OF GAME & FISH
One Wildlife Way
Post Office Box 25112
Santa Fe, NM 87504
Phone: (505) 476-8064
Fax: (505) 476-8166
Visit our website at www.wildlife.state.nm.us
For information call: 505/476-8000
Members of the New Mexico Game and Fish Commission:
Chairman Jim McClintic
Post Office Box 21027
Albuquerque, New Mexico 87154
Work: (505) 271-4550 Fax: (505) 271-2472
Jim McClintic is a New Mexico native, an avid hunter and angler, and a lifetime member of New Mexico Trout. He is a licensed building contractor and developer, and served on the Economic Development Commission during Governor Garry Carruthers' administration. He also was on Albuquerque Mayor Martin Chavez's transition team and served as chairman of the Albuquerque Municipal Development Sustainable Enhancement Team
Vice-Chair Sandy Buffett
320 Aztec Street, Suite B
Santa Fe, New Mexico 87501
Fax: (505) 986-0339
sandyNMGC@gmail.com
Sandy Buffett of Santa Fe serves as Executive Director of Conservation Voters New Mexico, representing New Mexico 's conservation community. Previously, she worked for the international affairs office of the National Wildlife Federation in Washington, D.C. She also has consulted with the U.S. Environmental Protection Agency, the World Resources Institute, the* * * * U.N. Environment Program * * * *,and the Organization for Economic Cooperation and Development.
Tom Arvas
7905 Spain, NE
Albuquerque, New Mexico 87109
Work: (505) 293-3515
Tom Arvas of Albuquerque is a practicing optometrist. Arvas has a long history with the Game Commission. He served under four administrations – Governors Toney Anaya, Garey Carruthers, Bruce King and Bill Richardson. He is President of the Amateur Trapshooting Association. Arvas also serves on the Rocky Mountain Elk Foundation, Ducks Unlimited, National Rifle Association Board of Directors and the New Mexico Wildlife Federation.
M.H. "Dutch" Salmon
ALSO ON BOARD OF New Mexico Wildlife Federation
Post Office Box 878
Silver City, New Mexico 88062
Work: (575) 388-3763 Fax: (575) 388-5705
dutch@high-lonesomebooks.com
M.H. “Dutch” Salmon graduated from Trinity University, San Antonio, Texas, 1967. He has been a hunter and fisherman since youth and especially enjoys stream fishing in the Gila National Forest and hunting with his coursing hounds, as well as a bit of bird hunting. Salmon was the Chairman of the New Mexico Wilderness Coalition from 1989 to 1995, and is currently on the Board of the Quivira Coalition and New Mexico Wildlife Federation. He has been a free-lance writer, newspaper reporter and columnist since the 1970s and is the author of five outdoor books and two novels. Salmon owns High-Lonesome Books.
Gary Fonay
5333 North Baggett
Hobbs, NM; 88242
Home: (575) 492-1533
GWFonay@aol.com
Gary Fonay is involved in farming and ranching in Lea and Lincoln Counties. He is a life-long outdoorsman enjoying fishing and hunting. He was co-owner of Lynx Petroleum for 20 years retiring in 2004 but retains an interest in the oil and gas industry. Gary is a member of a number of wildlife organizations. He is also a past member of the Hobbs School Board and Hobbs City Commission.
Kent Salazar
ALSO Regional Director New Mexico Wildlife Federation
1621 Vassar Drive, SE
Albuquerque, NM 87106
Home: (505) 242-6125 Cell: (505) 220-7083
kentsala@aol.com
Kent Salazar currently runs an environmental consulting business in Albuquerque. Previously, Salazar worked for the City of Albuquerque's Environmental Health Department for 20 years. [We need more information about Salazar. Would his consulting business be involved with the issues mentioned in this proposed rule???] Salazar earned a bachelor's degree in biology from the University of New Mexico. [State depredation article And they are overly concerned about invasive species??]
975 Holcomb Road
Las Cruces, NM 88007
Work: (575) 526-5946 Fax: (575) 526-0867
DickSalopek@hotmail.com
Dick Salopek of Las Cruces is a third-generation pecan farmer in the Mesilla Valley. He is an avid hunter, bowhunter and outdoorsman. He is co-owner of Tom Salopek Farms, Western Blend, Salopek 4-MP and Robledo Pecan Sorting. He currently serves on the Board of Directors of the Dona Ana County Planning & Zoning Commission, the New Mexico Pecan Grower’s Association, and is treasurer of the Dona Ana County Farm Bureau. Dick has been on the Board of Councilors at Citizens Bank. He is also a member of the Rocky Mountain Elk Foundation and the National Rifle Association. He holds a B.A. in Agronomy & Soil Science from New Mexico State University.
Other Agencies that may be interested about this proposed rule:
New Mexico Wildlife Services
State Director
8441 Washington NE
Albuquerque, NM 87113
Phone: (505) 346-2640
FAX: (505) 346-2627
Toll-Free Number: 1-866-4USDAWS
1-866-487-3297
Web site: www.aphis.usda.gov/wildlife_damage
New Mexico Regional Federal
U.S. Fish and Wildlife Service - USFWS
{You may find it this bit of information of interest. Barbara Coulter is the Conservation Strategy Coordinator, the Wildlife Diversity Program Manager and the Wildlife Action Plan contact for the NM Teaming With Wildlife Chapter. She is also the Wildlife Campaigns Manager for Animal Protection of New Mexico. I wouldn't be a bit surprised if they provided New Mexico Game and Fish with some of the misinformation which this proposal is based on.}
(Taken from an article I wrote several years ago. *The New Mexico Animal Protection group was originally called the Sangre de Cristo Animal Protection, Inc.) **See an issue of the APNM's newsletter, Making Tracks.
This group takes every opportunity to campaign against animal ownership while making land off limits to people in order to "preserve the habitat" for wild animals. In the process, the oil and gas business is unable to operate, mining ventures are stopped, hunting and fishing become a crime, and the lumber industry grinds to a standstill. The state loses revenue from legitimate business and people lose their livelihoods.
For the sake of space, let me just list the campaigns which the APVNM focuses upon (I could easily write a paper about each topic): Companion Animal Rescue Effort (CARE), Animal Control Officer and Law Enforcement support, protecting beavers, cougars, bears and rattlesnakes, trapping and hunting, the Safe Passage Program (building underground roads for wild animals so they don't have to cross the highways), alternatives to dissection in schools, animal overpopulation (pets), vegetarianism, the "plight" of circus animals, animal hoarding, Save the Chimps and the problems with public land ranching.
CARE sounds like a wonderful program -- that is until people are charged with abandonment (animal cruelty) for circumstances that are out of their control such as fires, floods, hurricanes, tornados etc. I have written about the biased training of ACOs and how they are encouraged to create animal cruelty cases from flimsy evidence. Beavers can be a real pest, especially when they dam up New Mexico's precious water resources! Cougars and bears belong in the wild not on a person's property. When they become a threat to humans, they need to be dealt with. Same for rattlesnakes. What would you do if you found a den on them on your property? The HSUS endorsed Albuquerque HEART ordinance thoroughly addressed alleged pet overpopulation. Don't get me started on the term "animal hoarding." We already know what the ARs think about cattle ranching.
See what the APVNM's did in 2005.
The Organization of Professional Aviculturists is a 501(c)6 Not for Profit Trade Organization created to protect the rights of aviculturists. American Aviculture is officially recognized as a legitimate trade.




