The Energy, Minerals, and Natural Resources Department (EMNRD), Forestry Division, hereby gives notice that it is proposing to amend 19.21.2 NMAC, Endangered Plant Species List and Collection Permits. EMNRD proposes the amendments to add the American Hart’s tongue fern, Asplenium scolopendrium var. americanum, to the list of state endangered plant species; amend the definition of ‘take’ to include harm, kill, and destroy except for incidental removal, harm, killing, or destruction resulting from agricultural practices or tribal members use for religious purposes; establish an incidental take permit process; amend the definition of state forester; add definitions of “agricultural practice”, “applicant”, “endangered plant”, “harm”, “permittee”, “person”, and “tribal member”; amend the provisions regarding scientific study and propagation permits for state endangered plants; establish requirements for permit amendment; amend requirements for permit approval and revocation; establish a permit term; and amend the provisions regarding penalties.
The full text of the proposed rule amendment is available from Daniela Roth at 505-372-8494 or daniela.roth@state.nm.us or can be viewed on the EMNRD, Forestry Division’s website at https://www.emnrd.nm.gov/sfd/public-meetings/ or at the Forestry Division’s offices in Santa Fe, Chama, Cimarron, Las Vegas, Rio Rancho, Socorro, Capitan, and Silver City.
A public hearing is scheduled for November 10, 2021, at 9 AM via WebEx. A copy of the proposed amendment and the hearing notice are attached. Those wishing to comment on the proposed rule amendment may make oral or written comments, or submit information at the hearing or may submit written comments by November 10, 2021, by 9 AM by mail or email to to Wendy Mason (wendy.mason@state.nm.us)
Letters of support would be welcome!
Daniela Roth
Botany Program Coordinator
EMNRD – Forestry Division
1220 S. Saint Francis Drive
Santa Fe, NM 87505
505-372-8494 (cell)
https://www.emnrd.nm.gov/sfd/rare-plants/
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