The NM State Game Commission met on Friday July 21st at the Game and Fish office in Albuquerque. The meeting was short and the atmosphere was a bit awkward, which appears to be the way this Commission prefers to roll. 

PUBLIC COMMENT
The Commission started the meeting, as they normally do, with general public comment. Several days prior to the meeting Animal Protection New Mexico (APNM) sent an email to their members requesting they provide public comment in opposition to the Bear and Cougar Rule (which is currently open to public engagement and input on amendments for the next 4yr cycle). The email notice resulted in an abnormally high number of public comments made during the Commission meeting. All comments were in opposition to bear and cougar hunting. Some of the comments recommended that the Commission “lower the quotas”, “ban the use of dogs”, “live and let live”, “create policy that reflects the social values of the majority”, and several commentors mentioned that Bear/Cougar populations are “self-regulating” and therefore hunting is unnecessary. Obviously we disagree with all of these statements whole heartedly, but the point is that right now the anti’s are winning in the arena of public comment. 

It is time for our side to get busy commenting in support of the Department of Game and Fish when it comes to bear and cougar hunting! We may not agree with everything all of the time but in general the NMDGF does a fantastic job managing 
wildlife in the state of NM and they need to know that we support them. Remaining quiet or being constantly critical of every policy decision only plays into the hands of the anti-hunting public. Please provide public comment to the Dept. regarding the Bear/Cougar Rule. Feel free to let them know your true thoughts but lead with the positive and remember to let them know you support the hunting of bear and cougar. Send your comments to DGF-BearCougar-Rules@state.nm.us

MIGRATORY BIRD RULE
The Commission unanimously approved the Migratory Bird Rule for Sept. 1, 2023-March 31st, 2024. This rule is approved annually in conjunction with the federal framework of the Central and Pacific Flyway Council. Amendments to the rule were recommended based on federal framework and public comments. Some public comments were not applicable because they would go against the federal framework. A copy of the newly approved rule can be found on the NMDGF website under Commission “hearing archives” (until Sept. when it will be moved to the hunting tag under “Rules and Penalties”). Approved changes to the rule are as follows:
Hunt dates were amended based on federal framework changes.
No changes were made to sandhill crane or dove 
Federal changes were applied to pintail
Bag limits remain the same for Central and Pacific Flyway birds in most instances. 

FURBEARER RULE 
The Dept. initiated the opening of the Furbearer Rule. The rule is currently on a 4 year cycle but the Dept. is proposing to make the rule “permanent”, meaning the rule remains closed unless specifically opened by the Commission. The Dept. mentioned several 
reasons for the change, the foremost being that NMDGF only allows harvest of a small amount of furbearers as it is and the 2022 trapping ban has only further reduced harvest. It makes more sense for the rule to be considered permanent and for the Commission to have Dept. biologists provide annual reports, rather than the overly burdensome constraints of a rule on an official cycle which is subject to a formal hearing including time requirements, public comment, and Commission action. The Dept. explained that if 
necessary the Director can set bag limits with the concurrence of the Commission Chair. Furbearer populations are currently stable and a recent study showed that even the swift fox population (which was previously a species of concern) was proven to be stable. Potential changes to the Furbearer Rule are open for public comment and will be approved by the Commission later this year. 

EXECUTIVE SESSION
At each meeting the Commission goes into Executive Session which is unavailable to the public and generally relates to ongoing legal matters which the Dept. and Commission are involved in. The only insight that the public is awarded in regards to the Commission Executive Session is a short description of cases discussed provided in the meeting agenda. At the most recent meeting the agenda referenced the NM Trappers Association lawsuit against the NM Attorney General and NMDGF Director Sloane. This means the NM Trappers Association has filed a formal lawsuit against the law passed in 2021 (and in effect April 2022) which banned trapping on all NM public land. NMCOG is anxious to see how the proceedings go and we have agreed to help the NM Trappers Association overturn the trapping ban in the legislature in the event they are able to successfully deem the ban wholly or partially unconstitutional. Like all lawsuits, there definitely won’t be anything quick about this legal process. But this lawsuit is good news and it’s a start... 

The NM State Game Commission hosted a two-day meeting on August 19-20. Lots of ground was covered during the meeting so let’s jump right in…

DIRECTOR’S REPORT - HUNTS ON FS LANDS IN BURN SCAR AREAS 
Director Sloane provided the Commission with an update on the NMDGF meetings with the Forest Service to ensure the areas of the Carson, Santa Fe, and Gila National Forests that were closed due to wildfire are re-opened in time for elk hunts. This will ensure that hunters who drew permits in the burn scar areas will be able to access the public forest land in those GMU’s. The Forest Service is working to open most areas by Sept. 1st. There are some areas of the Santa Fe which were heavily impacted by the Calf Canyon/Hermits Peak fire which will remain closed for the foreseeable future (i.e Pecos Canyon & the Serpent Lake trail and surrounding area). However, the NMDGF & Forest Service are working hard to ensure that elk hunters will not be negatively impacted by the closures. The one potential caveat to a Sept. 1st re-opening plan is the possibility for dangerous monsoonal flooding in the burn scar areas. Hopefully this will not occur, but the Dept. will communicate with draw hunters in the event of significant limitations to hunter access in the forest.    

30 X 30 INITIATIVE DISCUSSION
Sarah Cottrell Propst, Secretary of the NM Energy, Minerals, and Natural Resources Department, provided the Commission with an update regarding NM’s 30 x 30 Initiative (part of the federal America the Beautiful Initiative). The NM initiative is an executive order that requires at least 30% of NM’s land be considered “conserved” by the year 2030 with an additional 20% designated as “climate stabilization” areas for the purpose of combatting climate change.

The NMDGF along with several other state agencies are participating in a collaborative advisory committee to inform the Governor regarding the progress and general direction towards obtaining NM’s 30x30 goals. Unsurprisingly, the advisory team does not yet have a definition for the term “conserved” however “climate stabilization area” is defined as intact or semi-intact lands that store a relatively large amount of carbon.

NM’s 30x30 core principles include:

• Respect for Tribal Sovereignty
• While tribal entities will be encouraged to participate and work together, it is acknowledged that tribes are sovereign nations and are not bound by the executive order
• Respect Private Property
• NM will use existing programs and authorities to work with private landowners to achieve goals. There will be no eminent domain. The advisory committee will work on developing incentives for landowners
• Good work will be recognized
• Maintain adaptability in a changing climate
• Recognize that active land management plays an essential role in adapting to climate related risks
• A role for natural working lands (i.e. farms and ranches)
• The contributions of these lands must be accounted for

The advisory committee is beginning their public feedback process by conducting a preliminary survey which we encourage you to access by clicking HERE (hurry because the deadline to take the survey is 8/25/22). The committee will issue their first Annual Report to the Governor in December 2022.

REPEAL OF THE NON-NAVIGABLE WATER RULE
The Commission approved a complete repeal of the Landowner Certification of Non-Navigable Water Rule. NMCOG did not oppose the repeal. This is what the NM Supreme Court ordered in their March 1st ruling. What NMCOG does oppose is the NMDGF’s overly broad interpretation as it relates to how the NM Supreme Court ruling applies to public recreational access to waters located on private land. The NMDGF printed in their 2022 Fishing Proclamation
                    “By means of this court order, all watercourses in the state, that can be legally                                            accessed, are open for public recreational use.” 

The NMDGF additionally provided NMCOG with written clarification of their current stream trespass enforcement policy which stated:
                    “As long as you legally access the stream, and stay within the free-flowing                                                   water of the streambed (the wetted portion of the stream), then you can access                                     the stream for water recreational use (fishing, floating, swimming, etc.)” 

NMCOG feels that these policies are an egregious misinterpretation of the March 1st NM Supreme Court ruling. The ruling directed that the Non-Navigable Waters Rule be repealed however the court DID NOT repeal the statute which specifically outlaws walking and wading on private property to access water for recreational purposes. The statute reads:
“No person engaged in hunting, fishing, trapping, camping, hiking, sightseeing, the operation of watercraft or any other recreational use shall walk or wade onto private property through non-navigable public water or access public water via private property unless the private property owner or lessee or person in control of private lands has expressly consented in writing. (Section C., Chapter 17-4-6 NMSA 1978).” 

In NM the streambed of any waterway on private land (with or without flowing water) is unarguably owned by the private landowner. They pay taxes on that land. The legal description of the streambed is included in their property deed and the value of the streambed is included in the real estate value of their property. This ownership structure has been in existence since New Mexico became a state in 1912. Private property owners have rights and landowners should not be forced to accept unlimited and uncontrolled numbers of trespassers just because their property includes a streambed. Without a NM Supreme Court written decision stating otherwise, trespass on private property, including in privately owned streambeds, is still 100% illegal. NMCOG feels strongly that the NMDGF and the Game Commission are adding to the public’s confusion regarding this issue and this confusion is leading to dangerous conflicts between unsuspecting anglers and landowners desperate to protect the investments on their private property.
 
SUBSEQUENT DISCUSSION OF THE DEER RULE 
The NMDGF is currently revising the Deer Rule for the next 4-year cycle. The rule is currently open for public comment but will be closing very soon. Below is an updated list of the proposed changes to the deer rule. The rule will be officially approved at the October Commission meeting. Please review the changes and provide public comment ASAP via email to DGF-Deer-Rule@state.nm.us 

PLEASE NOTE: NMCOG is not taking an official stance on the muzzleloader issue. We have a substantial number of outfitters who are strongly in favor of the change as well as many who are strongly opposed. Consensus was undetermined and therefore NMCOG will remain neutral on the issue.

PROPOSED CHANGES TO DEER RULE

• Modify the definition of muzzleloader to “muzzle-loading firearms that do not have a scope”
• Adjust some hunts to minimize overlap of weapons used or species hunted
• Adjust season dates to account for calendar shift. For example, if a hunt normally starts on a Saturday, this date shift would be maintained throughout the rule, so the hunts continue to start on a Saturday (for both Deer and Elk).
• Create an October youth hunt in GMUs 2A and 2B
• GMU 2A: 25 licenses in October/15 in November
• GMU 2B: 125 licenses in October/ 25 in November
• Create a November rifle hunt on L Bar/Marquez WMA in GMU 9
• Designate GMU 8 as a Quality Unit
• Add a second hunt code for WSMR hunts
• Create new hunts where deer populations have increased
• January FAD archery hunts in GMUs 7 and 9
• FAWTD rifle hunts in GMUs 21 and 26
• September FAMD and FAWTD archery hunts in GMU 27
• November ESWTD hunt in GMU 55A, 55B
• Open River Ranch, Double E, and Pipkin WMAs to deer hunting
• Remove language “Excluding Fort Stanton” for the GMU 36
• Reduce youth licenses on Huey WMA in GMU 33

 
SUBSEQUENT DISCUSSION OF THE ELK RULE 
The NMDGF is currently revising the Elk Rule for the next 4-year cycle. The rule is currently open for public comment but will be closing very soon. Below is an updated list of the proposed changes to the elk rule. The rule will be officially approved at the October Commission meeting. Please review the changes and provide public comment ASAP via email to DGF-Elk-Rule@state.nm.us

PLEASE NOTE: NMCOG is not taking an official stance on the muzzleloader issue. We have a substantial number of outfitters who are strongly in favor of the change as well as many who are strongly opposed. Consensus was undetermined and therefore NMCOG will remain neutral on the issue.

PROPOSED CHANGES TO ELK RULE 

• Modify the definition to “muzzle-loading firearms that do not have a scope”
• Adjust some hunts to minimize overlap of weapons used or species hunted
• Adjust season dates to account for calendar shift. For example, if a hunt normally starts on a Saturday, this date shift would be maintained throughout the rule, so the hunts continue to start on a Saturday (for both Deer and Elk).
• Increase antlerless licenses in GMU 2
• Increase antlerless licenses on the Rio Chama WMA
• Increase antlerless licenses in GMU 6B (Valles Caldera National Preserve)
• Increase elk licenses on Marquez WMA and combine the hunt L-Bar property
• Shift late season antlerless elk hunt in GMU 10 to begin earlier in December
• Decrease mid & late MB October rifle hunts in GMUs 16A, 16B/22, 16C, and 16E
• Eliminate the elk hunt in GMU 19 (WSMR)
• Create a new antlerless hunt in GMU 23 in the Burro Mountains.
• Shift hunt dates in GMU 24 later.
• Increase licenses in GMU 30 and open GMU 29 to be hunted in conjunction
• Create antlerless hunts in GMU 34 to occur in late January and Early February
• Increase youth encouragement hunts in GMU 34
• Create antlerless hunt in GMU 36 in late January
• Change all GMU 36 MB hunts to ES
• Increase licenses in the combined elk hunts in GMUs 42/47/59
• Include GMU 39 with GMU 43 draw hunt
• Shift 25 archery licenses in GMU 48 to muzzleloader
• Re-distribute the Youth Encouragement licenses in GMU 50 to GMU 51
• Eliminate the antlerless hunt north of Sunshine Valley Road in GMU 53
• Decrease licenses on Colin Neblett WMA due to limited elk presence.
• Decrease licenses on Valle Vidal to address decreased calf recruitment.
• Establish an archery hunt in the combined GMU 57/58 area
• Re-define “Encouragement Hunts” to for youth only

 
FINAL APPROVAL OF THE BIGHORN SHEEP RULE
NMCOG is breathing a deep sigh of relief regarding the bighorn sheep rule. The Commission officially adopted the Dept’s proposal to maintain the current allocation process of draw permits (rather than eliminate non-resident draw opportunity as was previously proposed by resident preference groups). This means draw permits will continue to be awarded, as they have since 2015, with 84% of the total draw permits going to resident hunters and 16% to nonresidents. The rule was approved for a 2-year duration (rather than 4-year) but nonetheless, non-resident hunters have won this battle. Of course, the war is still brewing, and this issue will no doubt be debated again during the 2023 NM Legislative Session in January. But NMCOG always takes our wins where we can, and it sure feels good to bask in the glory of this temporary reprieve from the fight to preserve non-resident opportunity to hunt in New Mexico. A very big Thank You to all the resident & nonresident hunters, outfitters, and guides who provided public comment to the Commission over the past 6 months during this debate.

ODDS AND ENDS 
During the 2-day meeting the Commission also heard presentations regarding the status of the Federal Recovering America’s Wildlife Act (RAWA) which is still pending Congressional approval, the Dept’s FY 2022 budget review and FY 2024 budget proposal, the status of SIKES Act projects (projects conducted using money generated by the habitat stamp program), a review of the origins and purpose of The North American Model of Wildlife Conservation, an update from the Wildlife Management Institute regarding the Commission’s role as a strategic partner, and a discussion of the Commission’s Mission, Vision, and Values. 

Next Commission Meeting – October 14, 2022 (Las Cruces, NM)
COMMISSIONER CONTACT INFORMATION
(You're encouraged to contact the Commissioners any time to voice your opinion)

Sharon Salazar Hickey - Chairwoman
District 4: Santa Fe, Taos, Colfax, Union, Mora, Harding, Quay, San Miguel, Guadalupe
and Torrance counties
Sharon.Hickey@state.nm.us

Deanna Archuleta - Vice Chairwoman
At - Large Position
deanna.archuleta@state.nm.us 

Gregg Fulfer
District 1: Curry, De Baca, Roosevelt, Chaves, Lincoln, Otero, Eddy and Lea counties
gregg.fulfer@state.nm.us


Roberta Salazar-Henry
District 2: Catron, Socorro, Grant, Hidalgo, Luna, Sierra and Doña Ana counties
R.Salazar-Henry@state.nm.us


Tirzio Lopez
Appointed - Agriculture Position
Tirzio.Lopez@state.nm.us

OPEN
District 3: San Juan, Rio Arriba, McKinley, Sandoval, Cibola, & Valencia counties

OPEN
​District 5: Bernalillo County

The NM State Game Commission hosted a “special” meeting on Friday June 17th to address the action items that were rolled over from the June 3rd meeting due to lack of a quorum. As Friday’s meeting started, like magic, a new commissioner appeared to fill the vacant District 1 position (Curry, De Baca, Roosevelt, Chaves, Lincoln, Otero, Eddy and Lea counties). Thank you, Gov. Lujan Grisham, for hearing our plea and finally appointing a fifth Commissioner. It felt like there was a collective sigh of relief from all of us regulars in the room who have witnessed the Commission tensions continue to build over the past few months. There are still two vacancies on the Commission but at least with 5 Commissioners motions will no longer die on a tie vote.

The new Commissioner is Gregg Fulfer of Jal, New Mexico. He is a former state senator and former Lea County commissioner. He has a degree in electrical engineering from NM State University and is a retired businessman. He previously owned and operated several successful electrical, oil & gas, and cattle businesses in New Mexico & west Texas. And he is now the lone Republican on the NM State Game commission. Congratulations on your appointment Commissioner Fulfer! Welcome aboard. NMCOG looks forward to working with you.

FURTHER DISCUSSION OF THE BIGHORN SHEEP RULE
48hrs prior to Friday’s meeting (and in compliance with the Open Meetings Act) the NMDGF posted a briefing to the Bighorn Sheep agenda item which indicated that the Commission would be discussing 2 amendments to the Bighorn Sheep Rule. The first was to place a once-in-a-lifetime constraint on Bighorn Sheep landowner permits and the other was to remove language that requires the funding generated from Bighorn Sheep raffle permits to be used for the “conservation of bighorn sheep”.

NMCOG sent a letter to the Commission prior to the meeting in opposition to both amendments. In opposition to the once-in-a-lifetime designation, we reminded the commission that “placing restrictions on any private land permits simply creates disincentive for landowners to participate in conservation programs.” NMCOG additionally took the liberty to immediately notify all the landowners who would be impacted by the amendment, and we encouraged those individuals to reach out to the Commission prior to the meeting. At the beginning of the meeting Commissioner Salazar-Henry motioned to amend the agenda to strip the amendment related to private land bighorn permits stating that she credits the folks at the Wedding Cake ranch for their enlightening discussion about the benefits of private land agreements which ultimately changed her perspective on the issue.  

In opposition to the language change, NMCOG urged the Commission to maintain the current regulation and argued that all “money generated through the Bighorn Sheep enhancement program should unarguably be fully dedicated to the conservation of NM’s wild sheep populations.” After a lengthy Commission discussion regarding the wording of the statute and how that relates to the Rule, the Commission voted 2-3 to deny a change to the current language which will continue to read “the drawing will be conducted by the department or an incorporated, non-profit organization dedicated to the conservation of bighorn sheep.” Commissioners Salazar-Henry and Lopez voted to change the language and Commissioners Archuleta, Fulfer, and Salazar Hickey voted against the motion. You can watch the recording of this discussion HERE the conversation begins at 2:17:00 and is roughly 45 minutes long.

APPROVAL OF THE STATEWIDE FISHERIES MANAGEMENT PLAN
The Commission voted unanimously to approve the 2022 Statewide Fisheries Management Plan which is a document that communicates the vision of the NMDGF regarding the priority of fisheries projects in the state. It additionally outlines efforts to expand or maintain recreational angler opportunities and describes how the Dept. plans to balances this recreational pressure with responsible fisheries conservation.

NMCOG was not at all opposed to this management document however, we did use the agenda item as a platform to express our extreme discontent with the Dept’s interpretation of the NM Supreme Court’s decision as it relates to recreational access to streambeds located on private land. We highlighted the high level of inconsistency between the Dept’s written management plan and the Dept’s newly adopted do-nothing enforcement philosophy as it relates to trespassers trampling riparian ecosystems on private land. Watch our comments HERE at 2:09:34

BUDGET OVERVIEW AND CAPITAL PLAN
The Department also presented the Commission with their current financial and license sales data. The presentation included revenue data related to license sales, federal revenue, and other revenue generated by the Department. The agenda item provided context regarding the financial position and stability of the Dept’s annual revenue, which is generated primarily by (no surprise) non-resident hunting license sales. Click HERE to view the Dept’s very informative presentation or watch the Dept. presentation HERE starting at minute 58.57. The Commission voted unanimously to approve the Dept’s 5-year capital plan and capital request to the Department of Finance and Administration. 

Next Commission Meeting – July 22, 2022 (Ruidoso, NM)
COMMISSIONER CONTACT INFORMATION
(You're encouraged to contact the Commissioners any time to voice your opinion)


Sharon Salazar Hickey - Chairwoman
District 4: Santa Fe, Taos, Colfax, Union, Mora, Harding, Quay, San Miguel, Guadalupe
and Torrance counties
Sharon.Hickey@state.nm.us


Deanna Archuleta - Vice Chairwoman
At - Large Position
deanna.archuleta@state.nm.us 


Gregg Fulfer
District 1: Curry, De Baca, Roosevelt, Chaves, Lincoln, Otero, Eddy and Lea counties
gregg.fulfer@state.nm.us


Roberta Salazar-Henry
District 2: Catron, Socorro, Grant, Hidalgo, Luna, Sierra and Doña Ana counties
R.Salazar-Henry@state.nm.us


Tirzio Lopez
Appointed - Agriculture Position
Tirzio.Lopez@state.nm.us


OPEN
District 3: San Juan, Rio Arriba, McKinley, Sandoval, Cibola, & Valencia counties


OPEN
District 5: Bernalillo County

The NM State Game Commission hosted a meeting in Eagle Nest last Friday. The entire meeting was complete mayhem, as is the usual with this Commission. Only 2 Commissioners attended in-person (the other 2 by zoom), the agenda was entirely rearranged at the start of the meeting, Commissioners were unprepared and visibly unknowledgeable regarding NMDGF game regulations, the Vice Chair left the meeting early (leaving the Commission without a quorum and prevented them from approving the FY 2024 Capital Plan - requiring Director Sloane to urge the Commission to schedule a special meeting since the Capital Plan has an approval deadline of July 1st), and motions made during the meeting were done so in an overly technical manner, which I speculate was, to intentionally confuse the other Commissioners as well as the public. There is a term for situations with this sort of prolonged chaos. But it’s a term better left unwritten in professional communication. Click HERE to experience the madness firsthand.

NOTE: The Deer and Elk Rules were not heard. Both are still open for public comment at DGF-Deer-Rule@state.nm.us and DGF-Elk-Rule@state.nm.us. 

REMOVAL OF SCOPES FROM MUZZLELOADERS
The Dept. did not provide an official update to this proposal however, the Commission did have an informal discussion on the topic. Commissioner Salazar-Henry had previously expressed opposition to the proposal given the high amount of public comment that has been generated over the last few months (both in opposition and in favor of the proposal). Director Sloane specifically asked the Commissioners if they intended to proceed with the proposal considering the Dept. would be forced to significantly reduce licenses across all species if the proposal were to fail (given the very high success rates of modern-day muzzleloaders with scopes).

Commissioner Salazar-Henry responded that she had done some research on the Colorado rule that bans scopes and was interested to learn that CO has never allowed scopes on muzzleloaders. She also learned that CO is considering banning scopes on all rifles due to their ability to allow a hunter to harvest game at very long range. It seems CO too is having trouble properly managing wildlife with such high hunter harvest rates. Commissioner Salazar-Henry directed the Dept. to continue with their proposal to ban scopes on muzzleloaders. Indicating that she agrees it is in the best interest of game management and that she will vote in favor of the ban. 

SUBSEQUENT DISCUSSION EXOTICS RULE
The Dept. provided their subsequent update on the Exotics Rule. This means the window for providing public comment is closing fast. The Dept. will finalize their proposed changes over the next month and then post their final version of the Rule to the Register, where it must remain unchanged for 30 days prior to approval. The Exotics Rule will be officially approved by the Commission at their August meeting. Below are the Dept’s current proposed changes. You can still provide public comment regarding this proposal. Email your comments to DGF-Exotics-Rule@state.nm.us

BARBARY SHEEP

• Based on significant public feedback, the Department is no longer recommending combining hunt units: 29, 30, 32, 36, 37.
  • New recommendation is to maintain the split units as follows: GMUs 29, 30 and GMUs 32, 36, 37.
• The Department recommends increasing draw licenses by 20% across the board because of a general increase in Barbary sheep population and a significant increase on McGregor. 
• The Department recommends increasing the number of rifle hunts (from 5 to 8) while shortening the hunt length to accommodate more hunts. 
• The Department proposes to include all GMU 34 in the over-the-counter hunt area to address hunter confusion on the current split boundary. 
• The Department recommends opening all GMUs (outside of SE core areas) to OTC license holders. Currently some areas of the state, where desert bighorn sheep are located, are closed to Barbary sheep hunting. 
• The Department has worked with McGregor Range to propose an increase from 40 to 170 draw hunters. This proposal also includes adding a new Female/Immature bag limit. 

Special Meeting - Possibly June 17, 2022 (Santa Fe, NM)
Next Official Commission Meeting – July 22, 2022 (Ruidoso, NM)
​
COMMISSIONER CONTACT INFORMATION
(You're encouraged to contact the Commissioners any time to voice your opinion)

Sharon Salazar Hickey - Chairwoman
District 4: Santa Fe, Taos, Colfax, Union, Mora, Harding, Quay, San Miguel, Guadalupe
and Torrance counties
Sharon.Hickey@state.nm.us

OPEN
District 5: Bernalillo County

Roberta Salazar-Henry
District 2: Catron, Socorro, Grant, Hidalgo, Luna, Sierra and Doña Ana counties
R.Salazar-Henry@state.nm.us
Deanna Archuleta
At - Large Position
deanna.archuleta@state.nm.us 

Tirzio Lopez
Appointed - Agriculture Position
Tirzio.Lopez@state.nm.us

OPEN
District 3: San Juan, Rio Arriba, McKinley, Sandoval, Cibola, & Valencia counties

OPEN
District 1: Curry, De Baca, Roosevelt, Chaves, Lincoln, Otero, Eddy and Lea counties

​SUBSEQUENT DISCUSSION BIGHORN SHEEP RULE 
The Dept. provided their subsequent presentation of proposed changes to the Bighorn Sheep Rule. You can read a copy of the full presentation HERE. This Rule is currently open for public comment. Please voice your opinion by sending an email to DGF-Bighorn-Rule@state.nm.us. The Dept. is proposing the following changes to the Rule:

• Adjusting season dates where necessary. For example, shifting start dates to maintain hunts beginning on Saturday or adjusting to calendar day starts for consistency.
• Adding hunts or splitting season dates to accommodate more hunters or a better-quality hunt.
• Opening the Jemez population to ram hunting.
• Separating the Hatchets hunt to spread hunters across the mountain range.
• Adding another ram hunt window in the Rio Grande Gorge.

PLEASE NOTE: Resident preference advocacy groups continue to push the NM Game Commission to eliminate the 7 nonresident bighorn sheep permits in the draw (yes there are just 7-that is how petty NMWF, and BHA have gotten).

Even after the NM Attorney General wrote a detailed letter regarding the legality of the NMDGF allocation process which was followed by a failed commission vote to extend the public comment period; the Commission announced yesterday that they will host a special meeting to take place on May 9th (in Albuquerque) to further discuss the matter and revote to extend the public comment period. This fiasco is completely out of line with the typical rulemaking process established by the NM legislature. An extension of the comment period for bighorn sheep is unnecessary.

According to the NMDGF presentation provided to the Commission on April 11th, the Dept. received only a handful of comments related to the allocation process and the bulk were in favor (only one was opposed). The bighorn sheep permit allocation process is widely accepted by the vast majority of resident hunters. There is no disputing that nonresident hunters fund over 90% of the Bighorn Sheep conservation program. This issue is a molehill which the NMWF and BHA are trying desperately to turn into a mountain.

If you outfit bighorn sheep hunters or if you are a resident bighorn sheep hunter and appreciate the enormous contributions of nonresidents to the conservation of all species, please send an email to the below addresses TODAY! Tell the Commission you are in favor of the Dept.'s proposed allocation method for bighorn sheep permits and that there is no need to extend the public comment period.

SUBSEQUENT DISCUSSION PRONGHORN RULE 
The Dept. provided their subsequent presentation of proposed changes to the Pronghorn Rule. You can read a copy of the full presentation HERE. This Rule is currently open for public comment. Please voice your opinion by sending an email to DGF-Pronghorn-Rule@state.nm.us. This exact proposal is what the Commission will approve in June UNLESS there is a substantial amount of public comment in opposition to any of the below bullet points. Some of you have already provided your public comment to NMCOG which we forwarded to NMDGF. However, our comments were counted as one single comment rather than multiple. It would be better if you all would be willing to resend your concerns directly to the comment portal linked above. The Dept. is proposing the following changes to the Rule:

• Shift hunt structure to begin later in August and have some hunts begin in September and October (see hunt table below for proposed dates). This recommendation is to address significant public feedback that pronghorn hunts occur too early and ambient temperatures are too hot.
• Create a pronghorn hunt on Melrose Air Force Range in GMU 32. The Department has been working with Melrose AFR to offer a limited and unique hunting opportunity on Range.
• Due to low pronghorn numbers in the Northwestern quadrant of the state, the Department recommends decreasing license numbers in the combined hunts in GMUs 2, 7, 9, 10 from 15 bow licenses down to 10 and from 15 any sporting arm licenses down to 5.
• To avoid having a conflict of the Department flying elk helicopter surveys over pronghorn hunters in GMUs 15 and 16, we recommend the following:
  • GMU 15: eliminate the 2nd any legal sporting arm hunt but reallocate the 5 licenses to the first any legal sporting arm hunt.
  • GMU 16: eliminate the 2nd any legal sporting arm hunt but reallocate the 10 licenses to the remaining hunts (this would increase 2 hunts by 5 licenses each).
• Because of limited access to public land in GMU 57, the Department recommends decreasing each hunt by 5 licenses each and moving these licenses to adjacent GMU 58 that has more public access.
• Change the weapon type of the last pronghorn hunt in GMUs 4/50/52 from muzzleloader to any sporting arm (this would include the use of rifles).

SUBSEQUENT DISCUSSION JAVELINA RULE 
The Dept. provided their subsequent presentation of proposed changes to the Javelina Rule. You can read a copy of the full presentation HERE. This Rule is currently open for public comment. Please voice your opinion by sending an email to DGF-Javelina-Rule@state.nm.us. This exact proposal is what the Commission will approve in June UNLESS there is a substantial amount of public comment in opposition to any of the below bullet points. The Dept. is proposing the following changes to the Rule:

• The Department is proposing to include a population management hunt option in the javelina rule. The Department includes these population management hunts in other hunting rules and uses it as a management tool to address management goals in certain areas. Hunters would be able to select a 5th choice “population management” option on their application and be included on a list to be called if hunts are developed.
• The Department proposes to expand the Wildlife Management Areas (WMAs) where javelina will be hunted. This includes, but is not limited to, the Double E, River Ranch, and Red Rock properties. These WMAs will be open for hunters that hold a valid license for that GMU.
• Hunter success rates for javelina have been increasing through time, but success on the statewide hunt has increased at a higher rate. The Department recommends increasing the bootheel licenses by 10% and increasing the statewide licenses by 20%.
• The Department recommends the following season dates to be implemented for both the bootheel and the statewide hunts:
  • Archery: January 1-31 annually
  • Any legal sporting arm: February 1-March 31 annually
• The demand for javelina licenses appears to be increasing based on applications received, so the Department recommends removing the ability to hunt javelina during a deer or elk hunt.

 
SUBSEQUENT DISCUSSION OF MIGRATORY BIRD RULE 
The Dept. provided their subsequent presentation of proposed changes to the Migratory Bird Rule. You can read a copy of the full presentation HERE. This Rule is currently open for public comment. Please voice your opinion by sending an email to DGF-waterfowl@state.nm.us. This exact proposal is what the Commission will approve in June UNLESS there is a substantial amount of public comment in opposition to any of the below bullet points. The Dept. is proposing the following changes to the Rule:

• Changes to regular waterfowl season dates based on public comment and calendar dates
• Based on population survey data, possible increase to sandhill crane permits in MRGV, to be distributed among existing hunts.
• Bag limit for northern pintail to remain at 1 per USFWS regulatory framework

 
INITIAL DISCUSSION TURKEY RULE & GOULD’S TURKEY DESLISTING 
The Dept. provided their initial presentation of proposed changes to the Turkey Rule. You can read a copy of the full presentation HERE. This Rule is currently open for public comment. The Dept. is proposing the following changes to the Rule:

• Extend the spring season, including Entry Permit hunts, to close on May 15
• Adjust hunt dates by calendar date
• Evaluate the potential to open certain closed GMUs based on turkey population status
• Add a once-in-a-lifetime Entry Permit hunt for Gould’s Turkey in GMU 26 and 27 (Assuming Commission approval of the Gould’s turkey delisting proposal).
• Remove W.S. Huey WMA youth hunt due to low turkey numbers
• Define dates and permit numbers for the Washington Ranch Youth Hunt and add BLM Black River Management Area to the hunt area

In conjunction with the Turkey Rule the Dept. is proposing to delist of Gould’s Turkey and hopefully provide limited hunter opportunity.  Gould’s turkey was listed as threatened in 1974. It has never, even prior to listing, been known to be absent from the state, and in the ensuing 47 years the population has persisted, is demonstrably secure, and has likely increased in size. Read the full delisting recommendation HERE. Please voice your opinion on both the Turkey Rule as well as the Gould’s delisting by sending an email to DGF-Bighorn-Rule@state.nm.us. The Dept. will be hosting 2 hybrid public meetings regarding turkey. Meeting information is as follows (zoom link information can be found on HERE):
July 12, 2022 (hybrid) – Albuquerque Game & Fish Office, 7816 Alamo Rd. NW, 6:30 pm
July 13, 2022 (hybrid) – Las Cruces Game & Fish Office, 2715 E Northrise Dr., 6:30 pm
July 14, 2022 (in-person only) – Animas High School, #1 Panther Blvd., 6:00 pm
 
INITIAL DISCUSSION ELK RULE 
The Dept. provided their initial presentation of proposed changes to the Elk Rule. NMCOG encourages everyone who hunts elk to WATCH the Dept. presentation. The presentation begins at minute 12:48 and is approximately 1 hour in length. Yes, the video is long, but it is extremely informative for any outfitter who earns a livelihood selling elk hunts. This Rule is currently open for public comment. Please voice your opinion by sending an email to DGF-Elk-Rule@state.nm.us. The Dept. is proposing the following changes to the Rule:

• Modify the definition of a muzzle-loader to include those muzzle-loading firearms that do not have a scope (for all big game species).
• GMU 10: shift late season antlerless elk hunt dates in to begin earlier in December to address limited access due to a road closure.
• GMU 13: expand the Primary Management Zone boundary in the northwest section of GMU.
• GMUs 16E, 17, 21B: potentially expand the Primary Management Zone boundary to reflect herd use.
• GMUs 16B, 16C, 16E: Decrease the number of MB licenses based on biological and hunter harvest data.
• GMU 23: establish an antlerless only hunt, south of NM highway 78.
• GMU 24: shift muzzleloader and any legal weapon hunts to later dates to allow hunters a higher likelihood of encountering elk during their hunt.
• GMU 30: increase antlerless and mature bull licenses to reflect the increasing elk population in the area.
• GMU 34: increase antlerless, possibly add additional hunt periods, and shift from Primary Management Zone to Secondary Management Zone. Elk population size in the Sacramento herd (GMU 34) continues to increase.
• GMU 36: shift designation of ‘mature bull’ licenses to ‘either sex’ licenses and consider increasing both antlerless and either sex licenses to align with the meta-population of the productive Ruidoso-Sacramento herd (GMUs 34 & 36).
• GMU 48: re-distribute a portion of licenses from archery to any legal weapon to alleviate hunter density issues during archery seasons. This change may decrease overall license numbers as the success for any legal weapon is higher than archery.
• GMU 46: shift from Special Management Zone to Secondary Management Zone.
• GMU 50: re-distribute Youth Encouragement licenses from GMU 50 to GMU 51 to address late season elk densities.
• GMU 53: remove antlerless only hunt North of Sunshine Valley road as winter elk concentration issues do not seem to be occurring in recent years (based on low hunter success rates).
• GMU 57/58: establish archery hunts within the combined GMU 57/58. Increasing elk presence in this area offers increased opportunity for archery hunts.
• Re-defining “Encouragement hunts” to be available to resident youth who did not draw a big game hunt in the draw for the first 14-days of availability, then offer to any youth after the first 14-days. Currently it is only available to resident youth and seniors. This recommendation would remove the ability for seniors to purchase the encouragement hunt

INITIAL DISCUSSION DEER RULE 
The Dept. provided their initial presentation of proposed changes to the Deer Rule. NMCOG encourages everyone who hunts deer to WATCH the Dept. presentation. The presentation begins at minute 1:29:50 and is approximately 10 minutes in length. This Rule is currently open for public comment. Please voice your opinion by sending an email to DGF-Deer-Rule@state.nm.us. The Dept. is proposing the following changes to the Rule: 

• Modify the definition of a muzzle-loader to include only those muzzle-loading firearms that do not have a scope (for all big game species).
  
• Adjusting season dates. For example, if a hunt normally starts on a Saturday, this date shift would be maintained throughout the rule so the hunts continue to start on a Saturday.
  
• Adjust some hunts to minimize overlap of weapons used or species hunted.
  
• Adjust draw license numbers based on biological data and management goals.
  
• The Department is recommending reducing licenses in GMU 2B, 34, and potentially other southeastern GMUs.
  
• Create an October youth hunt in GMUs 2A and 2B; move most of the youth licenses from November to October.
  
• Create a January archery hunt in GMUs 7 and 9.
  
• Designate GMU 8 as a Quality Unit.
  
• Add a second hunt code for White Sands Missile Range.
  
• Create new hunts where deer populations have increased a. FAWTD rifle hunts in GMUs 16, 21, 22, 26 b. September FAMD and FAWTD archery hunts in GMU 27
  
• Open River Ranch, Double E, and Pipkin Ranch WMAs to deer hunting. 12) Remove language “Excluding Fort Stanton” for the GMU 36 deer hunts.
  
• Add an ESWTD hunt in GMU 55A, 55B. 

INITIAL DISCUSSION EXOTICS RULE
The Dept. provided their initial presentation of proposed changes to the Exotics Rule. NMCOG encourages everyone who hunts exotics to WATCH the Dept. presentation. The presentation begins at minute 2:00:38 and is approximately 30 minutes in length. This Rule is currently open for public comment. Please voice your opinion by sending an email to DGF-Exotics-Rule@state.nm.us. The Dept. is proposing the following changes to the Rule:
 
BARBARY SHEEP

• Changing the season dates and hunt structure to allow hunters to find Barbary sheep more effectively on the landscape.
• Opening some GMUs where Barbary sheep are not hunted.
• Moving the entirety of GMU 34 into the over-the-counter hunt to address hunter confusion on the boundary.
• Increasing draw hunts for Barbary sheep on McGregor.
• Adjusting season dates where necessary. For example, shifting start dates to maintain hunts beginning on Saturday or adjusting to calendar day starts for consistency.
• Combine units 29, 30, 32, 36, & 37 into one.
• Open all GMUs outside of SE core to OTC hunts.

ORYX

• Increasing off-range hunts.
• Possible shifts in season dates for some hunts on WSMR.
• Considering increasing some once-in-a-lifetime opportunities.
• Adjusting season dates where necessary. For example, shifting start dates to maintain hunts beginning on Saturday or adjusting to calendar day starts for consistency.
• Change youth hunt designation to be once-in-a-youth

IBEX

• Shifting season dates to occur earlier in the season.
• Significantly decreasing licenses to account for a smaller ibex population.
• Change F/IM definition to be <20 inches on billys
• Change youth hunt designation to be once-in-a-youth

​MUZZLELOADER DISCUSSION 
The Dept. also initiated a conversation on the problem with muzzleloaders. Muzzleloader success rates in the last five years are equal to rifle success rates. This presents a major problem as muzzleloader hunts were historically designed for primitive weapon hunting. Today muzzleloaders are accurate out to 800yards. The Dept. is considering the removal of scopes on muzzleloaders to generate a more primitive weapon hunting experience. This proposal is not yet official but will be further discussed over the next several months. 

Next Commission Meeting – June 3, 2022 (Eagle Nest, NM)

COMMISSIONER CONTACT INFORMATION
(You're encouraged to contact the Commissioners any time to voice your opinion)

Sharon Salazar Hickey - Chairwoman
District 4: Santa Fe, Taos, Colfax, Union, Mora, Harding, Quay, San Miguel, Guadalupe and Torrance counties
Sharon.Hickey@state.nm.us

OPEN
District 5: Bernalillo County

Roberta Salazar-Henry
District 2: Catron, Socorro, Grant, Hidalgo, Luna, Sierra and Doña Ana counties
R.Salazar-Henry@state.nm.us

Deanna Archuleta
At - Large Position
deanna.archuleta@state.nm.us 

Tirzio Lopez
Appointed - Agriculture Position
Tirzio.Lopez@state.nm.us
​
OPEN
District 3: San Juan, Rio Arriba, McKinley, Sandoval, Cibola, & Valencia counties
OPEN
District 1: Curry, De Baca, Roosevelt, Chaves, Lincoln, Otero, Eddy and Lea counties

The New Mexico State Game Commission hosted their first meeting of 2022 in Socorro on Friday March 4th. The Commission is a bit behind schedule because they canceled their January meeting due to some internal drama that resulted in the Governor removing Commissioner Jeremy Vesbach of his position. The Governor has appointed former ExxonMobil lobbyist, Deanna Archuleta to fill the vacancy. Friday’s meeting was Commissioner Archuleta’s maiden voyage into the controversial world of wildlife & hunting/fishing policy.

The meeting agenda was jammed packed with both discussion and action items. All the Big Game Rules will be opening during 2022 to allow the Dept. to review population objectives and amend harvest limits for all big game species (except predators). The approved changes will apply to the 2023-2026 hunting seasons. The rules that were opened at the March 4th meeting were Bighorn Sheep, Pronghorn, Javelina, and Migratory Bird. The rules that will open on April 11th are Elk, Deer, Aoudad, Oryx, Ibex, & Turkey. The predator rules (Bear & Lion) will not open until 2023.

FYI –The “initial discussion” signals the opening of the Rule. The Dept. will then hold several public meetings to obtain public comment on their proposed changes. They will present an updated “subsequent discussion” to the Commission after public comment is obtained. The Dept. will then publish their proposed changes and the Commission will approve the changes during the “final hearing”. The overall process takes between 3-5 months depending on the level of changes and public participation in the Rule making process.

INITIAL DISCUSSION PRONGHORN RULE
The Dept. provided their initial presentation of proposed changes to the Pronghorn Rule. Over the past 4 years hunters have voiced some concerns regarding the dates of the current pronghorn hunts. Many in the southern part of the state feel the hunts are too early as it is still extremely hot in August. The Department is proposing moving the hunt dates later in the season to either Sept. and Oct or possibly at the end of August and Sept. More information will be published by the Dept. when the Rule opens for official public comment in the next few weeks. Initial proposed changes are as follows:

• Moving hunt dates later in the season.
• Small adjustments to license numbers

INITIAL DISCUSSION JAVELINA RULE
The Dept. provided their initial presentation of proposed changes to the Javelina Rule. Javelina are concentrated in the southwestern part of the state. The Department strives to balance javelina hunting opportunity with population sustainability. Javelina appear to be expanding their range and are becoming more common in other areas outside of the far southwestern part of the state. Initial proposed changes are as follows:

• Possible increases in total licenses and season lengths.
• Expanding the areas javelina can be hunted to include some Wildlife Management Areas.

INITIAL DISCUSSION OF MIGRATORY BIRD RULE
The Dept. provided their initial presentation of proposed changes to the Migratory Bird Rule. The Migratory Bird Rule is updated annually, and season selections and bag limits are determined in conjunction with the US Fish and Wildlife Service working through the Central and Pacific Flyway Councils. Seasons are not considered final until they have been published in the Federal Register. Initial proposed changes for the 2022–23 season are as follows:

• Changes to regular waterfowl season dates based on public comment and calendar dates
• Possible increase to sandhill crane permits in MRGV, to be distributed among existing hunts
• Bag limit for northern pintail to remain at 1 per USFWS regulatory framework

Click HERE to review the full proposal. Public comment for this Rule is currently open. If you would like to provide comment on the Rule, please email DGF-waterfowl@state.nm.us

INITIAL DISCUSSION BIGHORN SHEEP RULE
The Dept. provided their initial presentation of proposed changes to the Bighorn Sheep Rule. Initial proposed changes are as follows:

• Adjusting season dates where necessary. For example, shifting start dates to maintain hunts beginning on Saturday or adjusting to calendar day starts for consistency.
• Adding hunts or splitting season dates to accommodate more hunters or a better-quality hunt.
• Opening the Jemez population to ram hunting.
• Separating the Hatchets hunt to spread hunters across the mountain range.
• Adding another ram hunt window in the Rio Grande Gorge.

During public comment on this agenda item NMWF and BHA alleged that the current process for distributing Bighorn Sheep Permits is contrary to the quota statute. Their motivation for making this allegation is because NMWF and BHA want the Dept. to eliminate all non-resident hunter opportunity for bighorn sheep. NMCOG strongly objects to this statutory allegation and provided public comment to remind the Commission that non-resident hunters have historically funded over 95% of the bighorn sheep program and that there would not be any huntable populations of bighorn sheep in the state without the financial contribution of non-resident hunters. To listen to the entire debate, click HERE beginning at 4:13.53 with the Dept. presentation followed by public comment at 4:27.11.

Commissioner Salazar-Henry was successful at convincing the other Commissioners that the Attorney General should review the Dept.’s current bighorn sheep permit allocation process. The AG’s office stated that they will review the Statute and report back to the Commission with an unofficial response by June.
​
APPROVAL OF THE CHANGES TO THE OPEN GATE PROGRAM
The Open Gate program was created in 2006 to increase opportunity for small game hunting, fishing, and access to public lands. The Department accomplishes this by entering into agreements with private landowners for access on their property, or access through their property, to inaccessible public lands by paying them through a Commission approved pay schedule. The Dept. has proposed to expand the Open Gate program to big game as well as increase the fee schedule to make it more enticing to landowners. The new fee schedule (which will go into effect April 1, 2022) is provided below. Landowners or sportsmen who are interested in learning more about the Open Game program please click HERE. The Commission unanimously approved the Dept.’s recommended fee structure.

​CHAIR SELECTION AND 2022 MEETING SCHEDULE
The Commission votes annually to elect a chairman and vice chairman. Commissioner Salazar Hickey was re-elected to serve a second term as the Chairwoman. Commissioner Bates was elected to serve as this year’s Vice Chairman. The 2022 Commission meeting schedule was approved. Dates and locations are listed below:

• April 11, 2022 – Santa Fe
• June 3, 2022 – Eagle Nest
• July 22, 2022 – Ruidoso
• August 19, 2022 – Gallup
• October 14, 2022 – Las Cruces
• January 13, 2023 – Santa Fe

Next Commission Meeting – April 11, 2022 (Santa Fe, NM)

COMMISSIONER CONTACT INFORMATION
(You're encouraged to contact the Commissioners any time to voice your opinion)

Sharon Salazar Hickey - Chairwoman
District 4: Santa Fe, Taos, Colfax, Union, Mora, Harding, Quay, San Miguel, Guadalupe
and Torrance counties
Sharon.Hickey@state.nm.us

Jimmy Bates - Vice Chairman
District 5: Bernalillo county
Jimmy.Bates@state.nm.us

Roberta Salazar-Henry
District 2: Catron, Socorro, Grant, Hidalgo, Luna, Sierra and Doña Ana counties
R.Salazar-Henry@state.nm.us

Deanna Archuleta
District 1: Curry, De Baca, Roosevelt, Chaves, Lincoln, Otero, Eddy and Lea counties
deanna.archuleta@state.nm.us 

OPEN
District 3: San Juan, Rio Arriba, McKinley, Sandoval, Cibola, & Valencia counties

Tirzio Lopez
Appointed - Agriculture Position
Tirzio.Lopez@state.nm.us

OPEN
Appointed - Conservation Position

It’s been a busy couple weeks, so we are a bit behind on publishing our Game Commission Re-cap. In all the craziness a quick reminder (to myself more than anything); there is always more to be grateful about than to be concerned with. A very Happy Thanksgiving to all our readers!!
 
The NM State Game Commission hosted a meeting on November 15th at the NMDGF regional office in Albuquerque. The meeting agenda consisted of run-of-the-mill items but the hidden agenda to revise or possibly eliminate the EPLUS program was more obvious than ever. More details under the “Financial Report” segment. If you desire to watch the recording of the full meeting, you can do so HERE.
 
GENERAL OVERVIEW OF THE GOVERNMENTAL CONDUCT ACT
Assistant Attorney General Valerie Joe provide a brief reminder of Commissioner roles and responsibilities as it relates to the Governmental Conduct Act. She stated that Commissioners acting in their personal interests can feel free to attend community events and engage in public conversations regarding hunting/fishing related issues as long as they do not indicate that they are speaking on behalf of the entire Commission. She also mentioned that she would encourage the Commission to participate in the trainings offered through the State Ethics Commission.
 
DIRECTOR’S REPORT
Game and Fish Director Mike Sloane gave a lengthy update on the ongoing initiatives of the Dept.

• The wildlife diversion has been busy with two trap and transplant projects one for Ptarmigan from CO to the Pecos wilderness and the other to move desert bighorn sheep from the Red Rock facility to the Alamo Huecos.
• The fisheries division completed the annual Kokenee salmon spawn and have been working on multiple habitat restoration projects to improve various riparian areas.
• The Dept. has also been dealing with moose sightings in the Farmington area. The Director reminded the audience that moose is a protected species and cannot be hunted in NM.
• The Dept. has also been working with the Dept. of Transportation on the wildlife corridor’s action plan which they anticipate a draft being released sometime in November.
• Hunter’s Ed is back in person in small settings.
• National supply chain issues have stalled the printing of the Dept. annual hunting proclamation. The Dept. hopes to have some printed proclamations by February but will encourage folks to download their electronic version.
• The Dept. is closely following the Recovering Americas Wildlife Act (RAWA) legislation moving through Congress. The bill would potentially increase the Dept. budget for species of greatest conservation need by $27 million assuming the Dept. is successful in obtaining a $9 million match which they will request come from the state general fund.
• The Dept. has 3 legislative initiatives for the 2022 session (annual budget, capital outlay, and the RAWA matching funds).

 
Commissioner Salazar-Henry suggested that the Dept. request federal funding to finance hatchery improvements and dam maintenance through the newly signed infrastructure bill. Commissioner Vesbach made a motion (which passed) to require the Director come back to the Commission in January with a full report on the planned usage of potential RAWA funds. Several members of the public spoke in favor of the Dept. getting ahead of the game and positioning themselves at the front of the line for funding when Congress passes RAWA.
 
ODDS AND ENDS
The Commission approved the establishment of game bird shooting preserves in Torrance and Lincoln County. The Dept. provided an update on the Fiscal 2023 budget request, an overview of the Field Operations division and its initiatives, an update on the status of the Habitat Stamp Program, and the Commission approved Jeffrey Arterburn of Las Cruces to the Citizen’s Advisory Committee. Mr. Arterburn will serve as the Fish/Wildlife Habitat Restoration Representative. 
 
FINANCIAL REPORT
Director Sloan provided an in-depth report on the Dept.’s financial position including how revenue is generated through license sales. The presentation included a number of slides that clearly illustrate that the bulk of license sale revenue is generated by non-resident hunters. Click HERE to view the slideshow.

Following the slide which shows an increase in pronghorn resident licenses in 2019 (the year the Dept. eliminated A-PLUS); Commissioner Salazar-Henry exposed her not-so-secret desire to do away with EPLUS by asking the Director if the Dept. could expect to see a similar resident hunter increase if EPLUS were dissolved.
  
Wildlife Chief Stewart Liley attempted to explain that the only reason resident pronghorn license sales increased is because the Dept. was able to issue more draw permits since there were populations of antelope that were going un-hunted on public land. He explained this would most likely NOT be the case with elk considering all elk populations are currently being hunted.

The slides that show elk license sales vs elk license revenue make it clear that robbing private land opportunity from non-resident hunters to increase public land opportunity for resident hunters will dramatically reduce the NMDGF annual revenue (in addition to creating more hunting pressure on public lands, decreasing hunter satisfaction, and pushing wildlife further onto private land). In this scenario, it is unlikely the NMDGF would be willing to simply accept a reduction to their annual budget. The revenue loss would need to be made up in the form of a substantial increase to the cost of resident elk licenses. Ironically creating a situation where resident hunters of average means are priced further out of the game. 

However, and unsurprisingly, Jesse Duebel of the NM Wildlife Federation and Chuck Trip of BHA made public comment to encourage the Commission to open the EPLUS Rule claiming they are advocating the will of “many sportsmen”. NMCOG is skeptical about their definition of the word “many”. We continue to believe that the majority of resident sportsmen actually support EPLUS and fully understand the mutual benefits offered to landowners and hunters through the program. 

Side note: NMCOG's Save EPLUS Coalition hosted our first town hall meeting in Chama this past Monday. We had a great turnout of approx. 50 local landowners. We plan to continue hosting these events across the state to build support of the EPLUS program. Stay tuned for details on where we will host our next town hall.  

Last Thursday the NM State Game Commission held their much-anticipated meeting to determine the status of five Non-navigable Water applications, among other less interesting but equally important topics. I had originally predicted the meeting would be nothing more than another episode of “kick the can”. Boy was I wrong!
 
NON-NAVIGABLE WATER APPLICATIONS 
For anyone who has been living under a rock these past few years; the Game Commission was recently mandated, by court order, to act on the applications of five NM landowners to certify the waterways on their private property as non-navigable under the Landowner Certification of Non-navigable Water Rule (19.31.22 NMAC). Simply put, applicants approved under the Rule are provided with signage to be placed along a privately owned streambed (outlined in the application) distinguishing that waterway as “non-navigable” which in turn provides the landowner with the means necessary to pursue criminal trespass against anyone found walking or wading in that streambed. The applications have been pending since the Commission placed a moratorium on the Rule back in 2019. A Federal Court ruled in March that the moratorium was unlawful and ordered the Commission to act on the applications by September 5th. Much to my surprise, the Commission voted to deny all 5 applications. Even though the Commission had previously approved other applicants with similar waterways, in similar areas, under the exact same set of circumstances (which is basically the definition of arbitrary and capricious).
 
Commissioner Vesbach lead all 5 motions to deny using his personal views on the constitutionality of the Stream Access Law as justification for the denial. Commissioner Salazar-Henry seconded all motions. Neither of these votes were particularly surprising as Vesbach and Salazar-Henry have stood by their opinions on the issue since day one. What was surprising was that Commissioners Lopez and Bates also voted to deny the applications. These votes came as a complete shock as Commissioner Bates has previously proclaimed himself to be pro-private property rights and Commissioner Lopez was appointed by the Governor under the “Agricultural Position”. The Chairwoman, unsurprisingly, abstained from the formal vote. However, she prefaced her abstention by making the confusing statement that “all abstaining votes will count towards the majority”. So, in the end, the Commission denial of the applications was disappointingly unanimous.
 
The Stream Access Law is currently waiting on the NM Supreme Court to determine its constitutionality. However, in the meantime, the Law is still very much in effect. The problem with the Commission voting to deny the applicants based on the Law rather than the Rule is twofold. First, the parameters set forth in the Rule are separate of the constitutionality question surrounding the Stream Access Law. The Commission was under a court order to follow the Rule and instead they denied the applications based solely on individual personal beliefs which are not substantiated by current law. Second, the Commission vote created a misperception in the minds of the public many of whom wrongly believe that because of this vote waterways on private land are now fully accessible to public recreation. This dangerous misperception has been perpetuated by media statements in the paper, from Senator Heinrich’s office, and by sportsman groups such as the NM Wildlife Federation and Backcountry Hunters and Anglers.
 
To be absolutely, indisputably clear (because clarity has been frustratingly absent throughout this entire process) it is still ILLEGAL to walk or wade in a streambed with private property on both sides of the bank REGARDLESS of whether a landowner has a Non-navigable Water Certificate. The vote that was taken by the Commission this past Thursday did nothing to change this fact. The statute (commonly referred to as the Stream Access Law) which was signed in 2015 and codified 30+ years of NMDGF rule, clearly reads “no person engaged in hunting, fishing, trapping, camping, hiking, sightseeing, the operation of watercraft or any other recreational use shall walk or wade onto private property through non-navigable public water or access public water via private property unless the private property owner or lessee or person in control of private lands has expressly consented in writing” (Chapter 34 Section 17-4-6 NMSA 1978).
 
The unfortunate side effect of Thursday’s Commission vote will be an unavoidable increase in trespass on private property. Sadly, many of these trespassers will be completely unaware of the illegality of their actions due to reckless and irresponsible media. NMCOG encourages landowners who find trespassers in and along their private waterways to immediately contact Operation Game Thief (1-800-432-4263) or call your local NMDGF Conservation Officer.  
 
APPROVAL OF THE MIGRATORY GAME BIRD RULE 
The Dept. provided their final presentation on the proposed changes to the annual update to the Migratory Game Bird Rule. The Department changes were based on public comment, the latest information from the United States Fish and Wildlife Service (USFWS), recent survey information, and NMDGF management goals. Season selections and bag limits are determined in conjunction with the USFWS working through the Central and Pacific Flyway Councils. The Commission approved the Rule, and the changes are as follows:

• Changes to regular season dates based on calendar.
• Adjust sandhill crane permits based on increased allocation. Allocation increased based on population and recruitment data. Proposed changes to permit numbers:
• Estancia Valley—stay the same
• MRGV—add 75 permits
• Southwest—stay the same
• Bag limit for northern pintail to remain at 1 per USFWS regulatory framework
• No changes for dove or band-tailed pigeon seasons

 
SUBSEQUENT DISCUSSION OF THE UPLAND GAME RULE 
The upland game rule is amended every four years. The current 4-year rule expires April 1, 2022. Proposed changes to the rule as submitted by the NMDGF are as follows:

• Expand boundaries of Bernardo youth pheasant hunt to include adjacent WMAs in the middle Rio Grande Valley
• Adjust dusky grouse and squirrel seasons to close December 31
• Adjust hunt dates based on calendar dates
• Remove duplicative language across Rules

 
The Dept. is currently taking public comment on their proposed changes. Please submit comment to DGF-Gamebird@state.nm.us. This rule will be approved by the Commission in October.
SUBSEQUENT DISCUSSION OF THE FISHERIES RULE 
The fisheries rule is amended every four years. The current 4-year rule expires April 1, 2022. Proposed changes to the rule as submitted by the NMDGF are as follows: 

• Add a definition of “daily bag limit” – Overall, this definition would merely clarify that the daily bag limit is based upon a calendar day.
• Remove definition of trout, winter trout, and warm water – the definition is a relic of previous “trout stamp”.
• Establish a consistent date of November 11 (Veterans Day) for the opening of Kokanee snagging season at Heron Lake, Willow Creek and Navajo Lake
• Remove Abiquiu Reservoir from list Kokanee snagging waters – Abiquiu Reservoir no longer supports cold-water fisheries, and the Department does not stock Kokanee salmon into this water.
• Remove hours restrictions for fishing at some waters
• Set cutthroat trout possession limit to be consistent with other species
• Add Trees Lake and Harris Pond to the list of Summer Catfish Waters
• Remove smallmouth bass length limit in the upper Rio Grande
• Increase trout daily bag limit in the Rio Grande below Elephant Butte, Red River City Ponds, Red River Hatchery Pond, and Goose Lake to the statewide daily bag limit of 5 trout per day
• Increase cutthroat trout daily bag limit at Seven Springs Kids Pond to 5
• Remove length limit for walleye
• Combine age restriction requirements for some waters to narrow different combinations of age limits
• Remove angling closures for McKenna Creek and Pinelodge Creek
• Add Rock Lake settling ponds to exceptions to closed hatchery waters

Proposed changes to the Manner and Method Rule:

• Add definition of “drainage” related to what species of baitfish are lawful in a given watershed in the state
• Add shad as an approved live bait species in the Pecos drainage
• Add a list of waters approved for trotline use

Proposed changes to the Commercial Use of Fish Rule:

• Remove the reference to trout water to be consistent with the Fisheries Rule

The Dept. is currently taking public comment on their proposed changes. Please submit comment to DGF-FisheriesRule@state.nm.us. This rule will be approved by the Commission in October.
 
INITIATION OF THE FURBEARERS RULE  
The Department took the required steps necessary to open the Furbearers Rule. Senate Bill 32 which was signed into law by the Governor after the 2021 Legislative Session will make it illegal as of April 1st, 2022, to recreationally trap on all NM public lands. The law contains several exemptions including an exemption for all members of a nationally recognized Native American Tribe. The NMDGF will be required to update their rule book to follow provisions of SB 32. The Department will post proposed changes to the Furbearer rule on the Department’s website. And the commission will approve the changes at a subsequent Commission meeting.
 
LAGUNA DEL CAMPO TRANSFER 
In August of 2017, the Commission approved the Department to work with the Tierra Amarilla Land Grant on the transfer of the Laguna del Campo property. During the 2019 legislative session, Senate Joint Resolution 2 authorized the Commission to transfer the Laguna del Campo property to Tierra Amarilla Land Grant but did not mention transfer of the water rights associated with the lake. Since the Commission’s April meeting an agreement has been reached by the Land Grant and the NMDGF. The Commission approved to transfer 20.405 acres of land associated with Laguna del Campo to the TA Land Grant via quitclaim deed as well as to transfer the storage water right in the amount of 96.7 acre-feet while the NMDGF will retain the surface water diversion right.
 
ODDS AND ENDS 
The Commission heard additional presentations from the Outdoor Recreation Division of the Economic Development Department and the Youth Conservation Corp. They approved the 2023 Dept. budget request. The Director provided an update on Dept. initiatives and thanked the Governor for proclaiming Sept. 25th as Hunting & Fishing Day. And the Commission recognized Colleen Payne of the Mule Deer foundation for facilitating the annual Governor’s Hunt Auction which generated a record number of funds ($194,000) for the NMDGF to benefit conservation!

The Game Commission hosted their second virtual meeting of 2021 earlier today. The meeting was shorter than most and was shrouded in a somber ambience due to the recent death of Commissioner David Soules. Commissioner Soules could always be counted on to provide worthwhile discussion to agenda items and his friendly demeanor truly helped to lessen some of the awkwardness that comes with fully virtual public interactions. His absence in today’s meeting was noticeable, and I will personally miss the wry smile he would give during technical difficulties or virtual snafus. He is an irreplaceable loss for the NM State Game Commission and is being mourned by all the lives he touched over his many, many years in conservation. Commissioner Soules passed away suddenly on March 26th because of a heart attack. He was 63 years old. His long-time friend and fellow Commissioner Roberta Salazar-Henry is in the process of planning a memorial of sorts for the May Commission meeting. NMCOG looks forward to being there (hopefully in person) to help honor the life of a man so dedicated to improving the wildlife and wild places of New Mexico.
 
DIRECTOR’S REPORT 
Director Sloane continues to prove himself to be a man of very few words. He provided an amazingly brief update on the outcome of the recent 2021 Legislative Session which included the passage, and subsequent signage, of SB 32 which bans recreational trapping on all NM public lands. Of course, Director Sloane won’t be able to avoid the conversation forever…the passage of SB 32 brings with it a lengthy rule making process which we anticipate beginning in the next month or so.
 
INITIATION OF THE FISHERIES RULE 
Department Fisheries Chief, Kirk Patten, provided a presentation on the Fisheries Rule. The Rule is on a 4yr cycle which will expire March 31st of 2022. The rule sets regulatory requirements for recreational fishing. This initial discussion of potential rule changes is just the first of several public meetings to approve the next 4yr cycle of the rule. The Rule will be open for public comment on the Dept. website in the coming days and the Dept. will host at least one virtual meeting to obtain public input. The Dept. is proposing the following changes to the Fisheries Rule.

• Add a definition of “daily bag limit” to make the time period for determining daily limit less confusing.
• Remove definition of trout, winter trout, and warm water – Current definitions no longer apply.
• Establish a consistent date of November 15 for the opening of Kokanee snagging season at Heron Lake, Willow Creek and Navajo Lake
• Remove Abiquiu Reservoir from list Kokanee snagging waters – Abiquiu Reservoir no longer supports coldwater fisheries and the Department does not stock Kokanee salmon into this water.
• Remove hours restrictions for fishing at some waters – The Fisheries rule limits angling hours to different periods for some waters which could conflict with hours set by landowner rules. Rather than set angling hours in rule, the Department proposes to permit angling during all hours and defer to the land manager for setting angling hours.
• Set cutthroat trout possession limit to be consistent with other species.
• Add two waters to winter trout waters and big cat waters – Adding both Trees Lake (Deming) and Harris Pond (Las Vegas) to the list of winter trout waters and big cat waters would provide additional angling opportunity and regulate angling like other waters with similar management intent.
• Remove smallmouth bass size limit in the upper Rio Grande.
• Increase trout daily bag limit for select waters to be consistent with statewide bag limits – Rio Grande below Elephant Butte, Red River City Ponds, Red River Hatchery Pond, and Goose Lake currently have daily bag limits less than the statewide limit which has created confusion for the public. Setting a limit of five fish per day for these waters will regulate take consistent with other trout waters statewide.
• Increase cutthroat trout daily bag limit at Seven Springs Kids Pond – The current daily bag limit for rainbow trout at Seven Springs Kids Pond is five fish per day. The Department would like to stock Rio Grande cutthroat trout into Seven Springs Kids Pond to expand native trout angling opportunities. This practice could lead to rule violations if a child would keep more than the daily cutthroat trout limit of two fish per day.
• Remove length limit for walleye.
• Make age restrictions consistent among different waters with current age restrictions.
• Remove angling closures for McKenna Creek and Pinelodge Creek
• Add Rock Lake settling ponds to exceptions to closed hatchery waters – The recently constructed settling ponds at Rock Lake Hatchery are closed to fishing but could provide angling opportunities to children at a location adjacent to the Pecos Watershed Education Center. The Department proposes to permit fishing by children under the age of 12.
• Add definition of “drainage”.
• Add shad as an approved live bait species in the Pecos drainage – Gizzard shad are native to the Pecos drainage and an acceptable species to use as bait.
• Add a list of waters approved for trotline use – The Department proposes to provide a list of waters where trotlines use is legal to provide clarity to the public.

 
INITIATION OF THE MIGRATORY GAME BIRD RULE 
Department Wildlife Chief, Stewart Liley, provided a presentation on the Migratory Game Bird Rule. This rule is amended annually in compliance with Federal guidelines and in conjunction with USFWS, Central and Pacific Flyways recommendations. The Dept. is not anticipating a lot of changes from last year’s rule. However, the Dept. will host a public meeting via Zoom in mid/late April to gather public input. So far, the Dept. anticipates the following changes to the Migratory Game Bird Rule. The final Rule will be approved in August.

• Some calendar date changes to coincide with USFWS recommendations.
• Season length and potential bag limits adjustments per recommendations from USFWS.
• Pintail bag limit will stay at 1.
• Sandhill crane allocations will substantially increase from 535-831 providing for additional hunter opportunity. Because of this the Dept. plans to increase middle Rio Grande hunts and add an additional 75 permits to the draw. Bag limits to stay the same.  

 
OVERVIEW OF DEPARTMENT’S LAW ENFORCEMENT 
The Department’s Colonel of Law Enforcement, Robert Griego, provided a detailed presentation on the Dept.’s Law Enforcement field operations over the past year, through the pandemic, as well as a general overview of Law Enforcement efforts. Colonel Griego described that while many private businesses and government agencies were shutdown, law enforcement officials were busier than ever. The shutdown resulted in a substantial increase in the amount of folks looking for outdoor recreation opportunities which resulted in a sizable increase in the need for public relations. Colonel Griego explained that the increased number of people in the field resulted in a lot of written warnings and required additional educational efforts of the public. Enforcement officials had to get a bit stricter as the year wore on and as disrespectful recreators left enormous amounts of trash and committed wildlife violations.
 
Throughout the pandemic wildlife continued to be wildlife. Colonel Griego explained the Dept. received 539 wildlife complaints. 190 of those were bear and 28 were cougar. Bear and Cougar complaints always require immediate response. There was one bear attack on a woman in July. The wildlife attack response team located and euthanized the bear responsible for the attack which they were able to confirm through DNA and bite mark measurements. Law Enforcement routinely use advanced technology to solve cases. DNA was additionally used solve an elk poaching case outside of Corona as well as a trophy mule deer poaching case which resulted in the state awarding $74,000 of restitution to the Dept. of Game and Fish. Last year the Dept. solved 5 felony poaching cases. 2 of those cases resulted in 17 felony charges.
 
Game wardens are additionally involved in public safely. They help with many statewide search and rescue missions and participate in motorist assists weekly. This past fall on State Trust Land the Dept. Law Enforcement officials made 2,500 contacts and conducted over 3,500 man-hours of enforcement efforts.
Enforcement officials additionally participate in youth mentoring programs. One of which consists of children who have passed hunter safety years ago but have not yet purchased a hunting license. As it turns out, many of these youth come from single parent families and the parent is unfamiliar with hunting. Game wardens help facilitate hunting opportunities for these youngsters and provide all the gear required. The efforts are extremely rewarding for both the Game warden and the youth hunter.    
 
LAGUNA DEL CAMPO TRANSFER 
In August of 2017, the Commission approved the Department to work with the Tierra Amarilla Land Grant on the transfer of the Laguna del Campo property. During the 2019 legislative session, Senate Joint Resolution 2 authorized the Commission to transfer the Laguna del Campo property to Tierra Amarilla Land Grant but did not mention transfer of the water rights associated with the lake. Representatives from the La Puente Ditch Association expressed concerns with the transfer regarding maintenance of the lake and the ditch and how that would affect their interests. During the June 2019 Commission meeting, the Commission conditionally approved the transfer of Laguna del Campo from the Commission to the Tierra Amarilla Land Grant upon execution of a quitclaim deed and associated legal documents necessary to address concerns for the Land Grant, the Department, and La Puente Ditch Association. Since the 2019 conditional approval for the transfer, the Department has met with both the La Puente Ditch Association and the Tierra Amarilla Land Grant to discuss the property transfer. The Commission established a subcommittee consisting of Commissioner Lopez and Vice-Chairman Vesbach to finalize the transfer of the property and deal with the potential transfer of water rights. 

The NM State Game Commission hosted their first meeting of 2021 on Friday Jan. 15th. The meeting was, of course, virtual. Don’t let the benign nature of the agenda fool you. This meeting was full of twists, turns, and unexpected drama. Let’s get rolling…

COMMISSION CHAIR & VICE-CHAIR ANNUAL ELECTION

As is required annually, the Commissioners voted to elect a chair and vice-chair. Commissioner Sharon Salazar-Hickey was nominated and approved to serve another term as Commission chairwoman. Commissioner Jeremy Vesbach was nominated, by the current vice-chairwoman (Roberta Salazar-Henry), to serve as this year’s vice-chairman of the Commission. This was an interesting move considering Commissioners have not historically been quite so eager to voluntarily give up their chair positions. 

STATE TRUST LAND EASEMENT

The Commission voted unanimously to approve the 2021-2025 State Trust Land Easement. The purpose of the Easement is to provide entry into state trust lands to authorized hunters, anglers, and trappers for the legal, regulated harvest of wild game and fish. The newly adopted agreement was, in my personal opinion, the highlight of the meeting. The Easement is mutually beneficial to both agencies and their constituents. It is not overly costly, encourages habitat improvement projects on State land, and continues all previous benefits afforded to sportsmen. It also details newly established camping areas and provides a clear process for individuals to obtain access in the event of locked gates. Hats off to the SLO, the NMDGF, and Commissioner Soules on drafting the most concise and easy to understand Easement agreement, maybe ever. You can read the entire agreement HERE.

PUBLIC COMMENT

This segment of the meeting was moved from the very end to the beginning to be more respectful of the average person’s time availability. This structure is anticipated to apply to future Commission agendas and NMCOG agrees wholeheartedly with the decision.

During public comment, Colleen Payne of the Mule Deer Foundation inquired about the status of the “extended hunts” better known as the Governor’s Hunt Auction tags. The Mule Deer Foundation has volunteered to sell these hunts for the Dept. during their annual MDF convention. The hunts were not sold last year due to COVID restrictions and the Dept. forfeited nearly $225,000 in auction revenue. Commissioner Salazar-Henry requested that the Director address the issue with Ms. Payne. Director Sloane gave a short, vague, non-response with zero details. We know there are many outfitters who are extremely interested in Governor’s Hunt Auction tags and unfortunately, NMCOG feels the Director’s comments are likely an indication that the Gov. Auction hunts might not be sold again in 2021.

John Crenshaw of the NMWF spoke out against the TA Land Grant attempt to legislatively take the WMAs in Rio Arriba county (NMCOG is also strongly opposed to this legislation – more on this in our 1st edition of the 2021 Round House Review which will be published next week).

Dave Kenneke with Cattle Growers spoke out in opposition to the pending changes to the Importation Rule and also spoke in favor of the EPLUS system and the conservation/economic benefits the program brings to the agriculture industry as well as outfitter/guides.

DIRECTORS REPORT

Director Sloane provided a report on the activities of the Department since the last Commission meeting. Department efforts included waterfowl surveys, the 2021 proclamation, and (among many other things) an initiative, in collaboration with BHA, to educate hunters and non-hunters in the wildland-urban interface of the Sandia Mountains to address public concerns during the January bow hunt.

COMMITTEE REPORTS

Discussion during this segment was ratcheted way down from the last Commission meeting. An effort, we assume, to limit any accidental violations of the Opens Meeting Act; as happened in December with the EPLUS discussion.

Finance Committee (Salazar-Henry, Vesbach, Bates) – Commissioner Salazar-Henry provided very brief comments on the efforts of the Finance Committee to research and understand the Game and Fish Bond Act. The Committee will also be meeting next week to discuss license fee structure. She was quick to add that any changes would include a robust public input process.

Hunt Structure Committee (Vesbach, Salazar-Henry, Soules) – Commissioner Vesbach backpedaled aggressively on his EPLUS criticism from the last Commission meeting stating there is “a little confusion with the public that we were pursuing a proposal, which we are not”. However, he failed to mention that it was in-fact his buddy Senator Heinrich who opened Pandora’s box back in December. Regardless, any wind in the sails of the anti-EPLUS movement seems to have been calmed for now, at least at the Commissioner level (we will soon see if the Legislature brings any unwelcome surprises). Thank you, to all of you who made calls, sent letters, and sent emails to the Commissioners over the past month. Your voices have clearly been heard!   
 
While Commissioner Vesbach did his best to appear unbiased against EPLUS he also continued to attempt to create the misperception that the EPLUS rule is somehow tied to the 4yr Big Game Rule stating, “we remain 2 years ahead of adopting a new big game rule…and we do hope to look into ways to improve resident opportunity”. Please note: the EPLUS Rule is a PERMANENT rule. It does not open every 4 years in conjunction with the Big Game Rule as Commissioner Vesbach continues to insinuate. If the EPLUS Rule opens it will be because the Commission requests the Rule to be opened.

Customer Feedback Committee (Cramer, Lopez) – Commissioner Cramer gave a very brief update on the Committee’s efforts to maintain and improve customer feedback efforts.

APPROVAL OF THE PUBLIC LAND USER STAMP (HABITAT STAMP PROGRAM)

Department Wildlife Chief, Stewart Liley, provided a final updated presentation regarding the Dept.’s proposed changes to the Habitat Stamp program. Under authority of the Sikes Act, the purpose of the New Mexico Habitat Stamp Program is to plan, develop, maintain, and coordinate conservation and rehabilitation programs that are designed to have a positive impact on wildlife and fish populations. Funding from this program is used to improve and restore habitat on US Forest Service and Bureau of Land Management lands, with an emphasis on improving sportsmen opportunities for hunting, fishing, and trapping. The program is directed by the cooperative efforts of the NMDGF, USFS, BLM and the Citizen Advisory Committee (CAC) which provide input and advice on project submissions, planning documents, and program direction.

Proposed changes to the current rule include a reauthorization of the Rule for an additional ten years, creating a single Citizen Advisory Committees (rather than the current 5), increasing the stamp price from $5 to $10 and allowing for future increases to be adjusted according to the Consumer Price Index (the Commission has some control over CPI fee adjustments but cannot defer an adjustment for more than 5 years in a row), requiring that at least 50% of the HSP funds over a 5-year period be spent on projects that benefit fish, and the removal of redundancies in the planning process.

Rule changes would be effective April 1st. Because the current rule does not expire until March 31st any individual who applies for a hunt before April 1st will pay the $5 fee. Any applications after that date will pay the increased $10 fee.

The Commission voted 6 to 1 to approve the Rule changes. Commissioner Cramer voted against the motion and explained that while she supports that program overall (and many of the amendments), she does not support an increase in the Habitat Stamp fee and therefore could not vote in favor of the Rule change.

APPORVAL OF THE IMPORTATION OF LIVE NONDOMESTIC ANIMALS, BIRDS AND FISH RULE

Department Fisheries Chief, Kirk Patton, provided a final updated presentation on the Dept.’s proposed changes to the Importation of Nondomestic Animals Rule. The Rule sets regulatory requirements for the importation of live non-domestic animals, birds, and fish into New Mexico to protect native wildlife against contagious or infectious disease, undesirable species, and to protect human health and safety. To meet that purpose, the rule prohibits the importation of any live non-domesticated animal into New Mexico without first obtaining a permit. The Dept. is proposing to change the Rule as follows:

• Removing the requirement for fish hatchery renovation or depopulation upon a positive finding of Bacterial Kidney Disease.
• Clarifying language for whirling disease testing at certain fish ages.
• Removing the requirement for Game Commission review of any permit application for the importation of any carnivore that will be held, possessed, or released on private property for the purpose of recovery, reintroduction, conditioning, establishment, or reestablishment in New Mexico.

The NM Farm and Livestock Bureau made some very well drafted comments in opposition to the Rule changes as they relate to the importation of carnivores. As a result of this comment (and similar comments from landowners across the state and especially in wolf country) the Commission, shockingly, voted 4:3 to disapprove the Rule changes.

This vote resulted in an eruption of chaotic and frantic discussion among the Director and the Commissioners regarding the unintended consequences of disapproving the Rule. There was an obvious lack of understanding between the Dept. and the Commissioners as to the importance of approving the Rule changes and Wildlife Chief, Stewart Liley was called in to explain the repercussions of not approving the Rule as it relates to Mexican wolf recovery efforts. The Commission then repealed their previous vote and then re-voted (4:2) to APPROVE the Rule changes as is, with Commissioner Lopez abstaining from the final vote and Chairwoman Salazar-Hickey changing her original vote from No to Yes stating “it appears the harm is going to outweigh the issues I had originally recognized”.

Attempting to slide this Rule change under the radar by masking it as a fisheries issue rather than what it is (which is a wolf issue) was a giant misstep by the Department and reflected very poorly on the Commission. The botched Rule disapproval, confusion, and subsequent approval was a black eye on the Rule making process. There is absolutely no reason that this issue should not have been thoroughly discussed and understood in previous Commission meetings.

APPOINTMENT OF THE CITIZEN ADVISORY COMMITTEE MEMBERS

The Commission discussed the appointment of members to the new Citizen Advisory Committee (CAC) for the Habitat Stamp program. The Director explained the application and selection process for CAC members. The Dept. submitted 9 names to the Commission for approval. The Commission chose to approve 7 of the recommended names and inserted 2 names of their own. While it is in the Commission’s ability to make this change, it really did seem, to those of us attending the meeting, that the selection was a bit of a game of politics. And despite the Commissions repeated claims of transparency, the selection of CAC members appeared about as clear as mud. Below is the approved list of appointed CAC members:

• Christina Mann, Eddy County - District 1 – 3-year Term
• James Cain, Dona Ana County - District 2 – 5-year Term
• Colleen Payne, Dona Ana County – District 2 – 5-year Term
• Ray Trejo, Luna County – District 2 – 3-year Term
• Laura Naranjo, Sandoval County – District 3 – 3-year Term
• Nick Streit, Taos County – District 4 – 3-year Term
• Dave Heft, ??? County – District 1 – 3-year Term
• Art Vollmer, Santa Fe County – District 4 – 5-year Term
• John Pearce, Bernalillo County – District 5 – 5-year Term

ODDS & ENDS

Assistant Attorney General Valerie Joe provided a brief overview of the requirements of the Open Meetings Act. The Commission is required to adopt a procedure for providing public notice annually. The Commission adopted the resolution unanimously. The Commission approved their “consent agenda” which included of approval of the Least Shrew recovery plan, License Revocations, and the recognition of Weapons4Warriors as a donation qualified non-profit. In Executive Session the Commission voted to allow the Department to pursue a conservation easement on a property in Valencia County and purchase a property in Catron County.