N.M. Code R. § 19.35.7.7

Current through Register Vol. 35, No. 11, June 11, 2024

Section 19.35.7.7 - DEFINITIONS

A."Accredited laboratory" A lab recognized for CWD testing by the New Mexico department of game and fish.

B."Animal health emergency" A situation in which people or animals are at risk of exposure to infectious or contagious diseases as determined by the director.

C."APHIS" Animal and plant health inspection service, United States department of agriculture.

D."Applicant" Any person or entity that causes or submits a department application for importation.

E."Certificate of compliance" An official department document declaring an applicant's ability to resume importation application eligibility.

F."Certified Herd" A herd that has attained certified status as defined in the current USDA chronic wasting disease program standards.

G."Closed herd sales" Sales of animals from a herd directly to the buyer in a manner that allows the buyer to transport the animals from the producer's premises directly to the buyer's premises without contact with animals from another herd, and without contact with other pens or transport facilities used by any other herd.

H."Chronic Wasting Disease" or "CWD" is a transmissible spongiform encephalopathy of cervids.

I."CWD-Exposed Animal" is an animal that is part of a CWD-positive herd, or that has been exposed to a CWD-positive animal or contaminated premises within the previous 60 months.

J."CWD-Exposed herd" is a herd in which a CWD-positive animal resided within 60 months prior to that animal's diagnosis as CWD-positive.

K."CWD-Positive herd" is a herd in which a CWD-positive animal resided at the time it was diagnosed and which has not been released from quarantine.

L."CWD-Suspect animal" is an animal for which unofficial CWD test results, laboratory evidence, or clinical signs suggest a diagnosis of CWD, but for which laboratory results have been inconclusive or not yet conducted.

M."CWD-Suspect herd" is a herd for which laboratory evidence or clinical signs suggest a diagnosis of CWD, but for which laboratory results have been inconclusive or not yet conducted.

N."CWD-Trace-Back herd" is an exposed herd in which a CWD-positive animal has resided during the 60 months prior to the diagnosis.

O."CWD-Trace-Forward herd" is a CWD-exposed herd that has received CWD-exposed animals from a CWD-positive herd during the 60 months prior to the diagnosis of CWD in the CWD-positive herd.

P."Dangerous animal" An animal that due to its nature, biology or its behavior, including predatory or venomous animals, that may present a risk to the health, safety or well-being of the public or other animals including native wildlife, domestic pets or livestock.

Q."Department" Shall mean New Mexico department of game and fish.

R."Director" Shall mean the director of the department of game and fish.

S."Importer" Any person or entity that causes an animal to be brought, transported or shipped into New Mexico with the exception of common mail carriers and delivery service providers during the course of their regular duties.

T."Invasive animal" Any non-native animal, except protected wildlife, including any aquatic invasive species (AIS), whose introduction into New Mexico may cause or is likely to cause harm to the economy, environment, protected wildlife, human health or safety.

U."Isolation" A period of time imported animals are separated and observed. The observation pen must have fences at least eight feet high. The isolation pen must prevent nose-to-nose contact with all wild ungulates during the observation period.

V."Mixed herd" A herd comprised of animals from different sources and held to allow contact or commingling.

W."Mixed herd sales" Sales from sale barns, auctions, private arrangements, or other facilities that allow joint penning or adjacent penning of animals from more than one closed herd, or otherwise facilitate or permit commingling, direct contact, or holding, boarding, or sharing the premises by more than one herd simultaneous or successively in time.

X."Non-domesticated animal" For the purposes of this rule, any animal species that is wild by nature not listed as semi-domesticated or protected under chapter 17 NMSA, 1978.

Y."NPIP" National poultry improvement program.

Z."Official Animal Identification" A device or means of animal identification approved by USDA to uniquely identify individual animals nationally. The animal identification must include a nationally unique identification number that adheres to one of the following:

(1) national uniform ear tagging system;

(2) animal identification number (AIN);

(3) premises-based number system using a premises identification number (PIN) in conjunction with a livestock production numbering system; or

(4) any other numbering system approved by USDA for the identification of animals in commerce.

AA."Protected wildlife" Shall mean those taxonomic groups of mammals, birds and fish listed in Chapter 17 NMSA, 1978, including any species that are listed as either state or federally threatened or endangered.

BB."Release from captivity" For the purpose of this rule, the act of removing from confinement, letting go, liberating or setting free any imported, live non-domesticated animal into the wild.

CC."Semi-domesticated animal" For the purpose of this rule, the director may designate an animal species as semi-domesticated in those instances where individual members of such species are commonly tamed, raised, bred or sold in captivity.

DD."Species importation list" A list containing protected, non-game and semi-domesticated animal species established, maintained, updated or amended by the director of the New Mexico department of game and fish. The species importation list may contain importation requirements, restrictions and conditions for each animal species listed.

EE."Qualified expert" Only a person officially designated by the director to import a specific non-domesticated animal.

FF."Undesirable animal" An animal that may have adverse impacts to health, management or safety.

GG."USDA" United States department of agriculture.

N.M. Code R. § 19.35.7.7

19.35.7.7 NMAC - Rp, 19.35.7.7 NMAC, 1-31-14, Amended by New Mexico Register, Volume XXV, Issue 23, December 15, 2014, eff. 12/15/2014, Amended by New Mexico Register, Volume XXXII, Issue 03, February 9, 2021, eff. 2/9/2021