Terms and Conditions

Thank you for visiting the Environmental Review Tool (ERT) website and reviewing our Disclaimer Policy. You should also be aware that the New Mexico Department of Game and Fish has a privacy policy, which is described below. By visiting this website, you are accepting the policies and practices described in this Disclaimer Notice below. Please note that this Disclaimer is subject to change without notice.

Disclaimer of Liability

The New Mexico Department of Game and Fish (NMDGF) shall not be held liable for any improper or incorrect use of the information contained herein and assumes no responsibility for the use of the information. In no event shall NMDGF be liable for any direct, indirect, or incidental damages arising in any way out of the use of this service. These data have been processed successfully on computers of NMDGF and its partners and no warranty, expressed or implied, is made by NMDGF regarding the use of these data on any other system, nor does the fact of distribution constitute or imply any such warranty. In no event shall NMDGF have any liability whatsoever for payment of any consequential, incidental, indirect, special, or tort damages of any kind, including, but not limited to, any loss of profits arising out of use of or reliance on the data provided by the ERT or arising out of the delivery, installation, operation, or support of the Tool by NMDGF. This disclaimer of liability applies to any damages or injury.

This site is not monitored by NMDGF for any failure of performance, error, omission, defect, delay in operation or transmission, computer virus, alteration or use of record. Users of the information available on this website assume any risk of using or relying on information contained herein.  

Disclaimer of Accuracy of Data

While NMDGF attempts to provide the most accurate information possible, this spatial and other data is "as is" and NMDGF makes no guarantee or warranty concerning the accuracy, adequacy, completeness, reliability, or usefulness of any information contained in the ERT. NMDGF further makes no warranties, either expressed or implied as to any other matter whatsoever, including, without limitation, the condition of the product, or its fitness for any particular purpose. The burden for determining fitness for use lies entirely with the user. Information in the ERT comes from a variety of different sources, with varying levels of certainty.

Information is added and changed periodically, and data may become out-of-date quickly. It is recommended that the user not let a significant period of time elapse between obtaining and using the information. NMDGF denies responsibility for the conduct of the users of the ERT.

Use of the ERT is particularly applicable to identifying species and resources of concern within small geographic areas. NMDGF's Biota Information System of New Mexico (BISON-M) database and website can provide information on a greater diversity of species and at multi-county or other larger scales.

Disclaimer of Applicability of Data

The ERT is constantly being updated and expanded. Information contained in the ERT does not constitute an official opinion by the NMDGF, nor will it, by itself, meet any regulatory requirements. The information in the ERT does not replace the need for conducting field work. The information must be used in consultation with appropriate federal, state, and local officials. The absence of data confirming the occurrence of a species within a geographic area does not constitute a negative declaration.

Disclaimer of Spatial Habitat Information

The ERT uses both actual occurrence data from Natural Heritage New Mexico Biotics data and predicted animal distributions to inform ERT reports and outputs. Maps of predicted animal habitat distributions are provided courtesy of the Gap Analysis Project and Natural Heritage New Mexico. These models are based upon relationships among resources and conditions that support species occurrence and persistence. Modeled habitat distributions have not been calibrated using the known range of all species occurrences. Animal habitat modeling maps or prior occurrence point locations should not be used in place of site-specific determinations of species occurrence, and should not be used in lieu of field surveys.

For a full description of the animal habitat modeling by the Gap Analysis Project, see the Gap Analysis Program Species Viewer webpage:

If You Choose to Communicate with the Department Through this Website

To enable us to respond to your communications, you will need to provide personal contact information. We may retain this information as part of our files and it will be retained in the system as long as you have a user account. Your personal information will not be sold or shared with any other party except as required by law.

The confidentiality of internet transactions is not guaranteed. You must decide if you want to assume the risk that an unauthorized person may learn your email address or other information you may provide as it is transmitted. You may contact the Department of Game and Fish at (505) 476-8000 if you choose not to use the internet.


Cookies are bits of computer code that can be used by our computer while you visit our website. You can prevent cookies from being placed on your computer by accessing your browser's preferences menu. 


Please note that this Privacy Policy is subject to change without notice.

Contact Us

If you have questions about this policy or feel that we have acted in violation of this policy, please contact us by one of the following methods:

U.S. Mail:
New Mexico Dept. of Game and Fish
1 Wildlife Way
Santa Fe, NM 87507
Phone or Fax:
(505) 476-8000
FAX (505) 476-8128