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. 

It has been 2 full weeks since the NM State Game Commission held their December virtual meeting. Usually, we strive to publish our re-caps within a day or two of the meeting however, the bombshell that was dropped on our industry during the Commission meeting required immediate response and that effort delayed the timing of this re-cap.
 
If you were still enjoying the peace and tranquility of the woods last week you may not have heard that NM Senator Martin Heinrich used the December 3rd Game Commission meeting to publicly launch an attack on the EPLUS system, private landowners, and nonresident elk hunters. Senator Heinrich sent a letter to the Commission on Dec. 2nd. That letter was discussed by the Commission during an agenda item titled “Committee Reports”. To listen to the discussion recording click HERE and forward to   The Senator released his letter to the public via Facebook at nearly the same minute that the discussion of his letter was taking place during the Commission meeting. The Commission discussion prompted public comment from the usual suspects (BHA & NMWF) who never miss an opportunity voice their anti-private property/anti-nonresident stance. Yet the whole thing seemed just a bit too orchestrated…
 
While NMCOG was admittedly caught off-guard by the discussion that took place two weeks ago, it is now clear that there are Game Commissioners who are working behind the scenes to push changes to the EPLUS system. What is still unclear is the timing of this effort. The Commission could open the EPLUS Rule anytime. It is also unclear whether there will be a side attempt (from BHA or NMWF) to repeal the statute that mandates the NMDGF to issue landowner elk permits. The EPLUS system is the lifeblood of the outfitted hunting industry in NM. NMCOG will work tirelessly to advocate for the system and to educate individuals on the important mutual benefits provided to NM’s economy, landowners, and resident hunters through EPLUS. You can find more information on this issue at https://www.nmoutfitters.com/eplus.html.
 
Below is our Re-cap of the Dec. 3rd virtual Commission meeting.
 
DIRECTORS REPORT
 
Director Sloane provided the Commission an update on several ongoing Department efforts including their project related to Wildlife Corridors. He additionally provided an overview on the Legislative Finance Council Program Evaluation Report which they conducted on the NMDGF. Director Sloane stated that the NMDGF is the only natural resource agency that has ever had a program evaluation done by the LFC. The report produced 3 general findings. They encouraged collaboration with other agencies (which the Dept. already does but plans to make more publicly obvious), the Dept. to work with LFC and DFA to develop new and improved evaluation standards for the Dept., and recommended the Dept. make a few changes to some Dept./Commission policies (EPLUS being on that list).
 
The Director also provided an update on the ongoing public comment process regarding the Habitat Stamp proposal. NMDGF held another public meeting on the issue that generated comments opposed to the fee increase being tied to CPI as well as opposing reducing regional representation in advisory committees. Based on this input the Dept. revised their final proposal to give the Commission the ability to defer that annual CPI adjustment. The final Dept. proposed changes to the rule have been published to the registrar where they needs to remain unchanged for 30 days prior to commission approval. The Commission will formally approve the change to the Habitat Stamp Program at their January meeting.
 
COMMITTEE REPORTS
 
Finance Committee (Salazar-Henry, Vesbach, Bates) – Chair Salazar-Henry provided an update on their work as a committee which has been meeting to review trends in the NMDGF budgetary issues.  
 
Hunt Structure Committee (Vesbach, Salazar-Henry, Soules) – Chair Vesbach explained that this committee has been looking at how permits are allocated between user groups (resident/non-resident) and attempting to determine how to allocate more permits to resident hunters. The committee is looking ahead to make changes to provide more resident hunter opportunity when the Big Game Rule opens in 2022 or possibly before.    
 
Customer Feedback Committee (Cramer, Lopez) – Chair Cramer explained that this committee is looking at how the Dept. gathers feedback from stakeholders. The committee will continue to research ways to establish and develop additional ways for the Dept. to obtain public feedback from all parties and agencies impacted by Dept. policy.
 
SUBSEQUENT DISCUSSION ON THE HUNTER EDUCATION RULE
 
Department Chief of Information & Education, Lance Cherry, provided a final updated presentation to the Commission regarding the proposed changes to the Hunter Education Rule. Currently under the Dept.’s Mentored-Youth Hunting Program first-time youth hunters, 10 years of age and older, are allowed the ability to hunt small game, turkey, javelina, and deer (without going through a formal hunters education program) for two license years in the accompaniment of a licensed parent or guardian (i.e. “mentor”) The Dept. is proposing a roll back of the minimum age requirement from 10yrs to 8yrs and adding the requirement that a program Mentor must pass an abbreviated written hunting test. The Dept. is also proposing to add pronghorn antelope to the list of huntable game (but only for youth age 10-17 )and would like to change the rule from permanent to a four-year cycle, April 1, 2021 – March 31, 2025.
 
Interestingly some Commissioners voiced opposition to the proposed changes put forth by the Dept. even though the Commissioners themselves had made the suggested changes in previous meetings. Regardless, the Commission voted 4-3 to approve the Rule. Commissioners Vesbach, Cramer, and Soules voted against the motion.
 
INITIATION OF THE HUNTING AND FISHING LICENSE AND APPLICATION RULE
 
The Dept. provided a final presentation on changes they wish to make to the license application rule as it relates to the mobility impaired certification for permanent conditions. The Dept. expressed that the current process is being manipulated by individuals who are attempting to cheat the system and increase their draw odds. The Dept. has discovered that there are many individuals who are applying for hunts within the mobility impaired hunt codes as their first choice and hunt codes for not mobility impaired as a second/third choice (which would indicate the mobility impairment is either not a permanent condition or not severe enough to limit hunter mobility). The Dept. would like to change the eligibility requirement for the mobility impaired certification to be eligible only to those individuals who have an inability to walk. They are also planning to remove the allowance for mobility impaired hunters to utilize a crossbow during archery season. A crossbow will be available for hunters under a permit with can be applied for annually. The Commission voted unanimously to approve the Dept.’s proposed changes.
 
UPDATE ON MEXICAN GRAY WOLF RECOVERY EFFORTS
 
Wildlife Chief Stewart Liley provided the Commission an update on the Dept. efforts to partner with the USFWS in the Mexican Gray Wolf Recovery efforts. Chief Liley gave a brief history of the recovery efforts and went on to describe the 2020 efforts as well as successes and struggles. The COVID restrictions as they relate to the international US/MX border have complicated recovery efforts in 2020 however, the program has seen a record number of survival within the cross fostered wolf pups (pups born in captivity and placed with a wild wolf pair very early in infancy). Since 2014, there have been 50 genetically diverse wolf pups cross-fostered into the wild. Five cross-fostered wolves have survived to breeding age, resulting in multiple litters of genetically diverse pups born in the wild. There are currently 14 genetically valuable cross-fostered wolves that are collared and alive in the wild that the IFT is actively monitoring. Highly likely there are additional cross-fostered wolves alive in the population that have yet to be captured and collared. The recovery team will continue collaring efforts in 2021 to document additional cross-foster survival.
 
OVERVIEW OF THE DEPARTMENT’S HATCHERY SYSTEMS OPERATIONS
 
Department Fisheries Chief Kirk Patten provided an update on the fish hatchery operations for informational purposes only. Chief Patten explained that the Dept. operates six state fish hatcheries in support of recreational angling and fisheries conservation in New Mexico. Performance based measures set by the Legislature include rearing approximately 640,000 pounds of fish per year from Department hatcheries. The Department consistently meets that target by rearing triploid rainbow trout, walleye, largemouth bass, Rio Grande cutthroat trout, kokanee, Gila trout, YY-male brook trout, and purchasing channel catfish for the summer catfish stocking program. The Department maintains a Rio Grande cutthroat trout brood-stock at Seven Springs Hatchery, a largemouth bass brood-stock at Rock Lake Hatchery, and conducts annual field spawns to maintain walleye and kokanee fisheries across the state. Triploid rainbow trout eggs are purchased from a private hatchery. Due to the age of these facilities, there are continual maintenance costs along with capital investments to replace aging infrastructure and staff housing. Many of the buildings are eligible or designated as historical buildings which creates additional challenges and maintenance costs.
 
OVERVIEW OF THE DEPARTMENT’S CONSERVATION INFORMATION SYSTEM
 
Dept. Share with Wildlife Coordinator Ginny Seamster provided an informational update from the Ecological and Environmental Planning Division. The Division provides important technical guidance reviews for a diversity of proposed infrastructure projects, develops comprehensive conservation planning documents, and funds projects focused on
informing and enhancing the conservation of Species of Greatest Conservation Need through the Share with Wildlife program. There are several public-facing tools and datasets that the Division has developed in collaboration with Natural Heritage New Mexico, that form the backbone of the conservation-related information and services that the Division provides. These tools and datasets, along with the Share with Wildlife program, are interconnected and present different scales and types of information to inform wildlife conservation in New Mexico. This Conservation Information System is envisioned as a single-entry point for all publicly available conservation-related information on New Mexico’s flora and fauna. The division covers six Dept. run programs:

1. The Share with Wildlife program was created in 1981 and funds wildlife research, education, rehabilitation, and habitat enhancement projects that benefit species not supported through other sources of funding.
2. The Biota Information System of New Mexico (BISON-M) was created in the early 1990’s and provides information on over 6,800 species.
3. The New Mexico Crucial Habitat Assessment Tool was released in 2013 and provides a landscape-scale look at the statewide distribution of habitats especially important to wildlife and can inform development and conservation project planning.
4. The New Mexico Environmental Review Tool was released in 2018 and is a portal for the Department, other agencies, consultants, and project proponents to submit project-related information for review and identification of any likely wildlife-related project impacts and mitigation approaches by Ecological and Environmental Planning staff.
5. The State Wildlife Action Plan (SWAP) for New Mexico website was released in 2020 and provides a user-friendly portal for accessing information on the key elements of the state’s SWAP, including Species of Greatest Conservation Need, key habitats, and conservation actions that can be implemented to address threats to these species and habitats.
6. The New Mexico Riparian Habitat Map is still in development and will provide valuable information on the distribution and composition of riparian habitats to inform not only Department technical guidance activities, but the development of aquatic and riparian habitat restoration projects.

 
PUBLIC COMMENT
 
During the public comment segment of the meeting individuals brought up issues from several topics. There were several comments in favor of the Habitat Stamp Fee increase and one comment opposed. There were several comments from individuals who live in the foothills of the Sandia Mountains and were disturbed by recent hunter behavior during the youth archery deer hunt (gut piles left on public trails, dangerous usage of weapons, and deer being killed too close to inhabited areas). These folks encouraged the commission to consider a no-hunting perimeter between inhabited areas and forest service property.

Next Commission Meeting – January 15, 2021 (Virtual)
 
COMMISSIONER CONTACT INFORMATION
(You are welcome and 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
 
Roberta Salazar-Henry – Vice Chairwoman
District 2: Catron, Socorro, Grant, Hidalgo, Luna, Sierra and Doña Ana counties
R.Salazar-Henry@state.nm.us
 
Gail Cramer
District 1: Curry, De Baca, Roosevelt, Chaves, Lincoln, Otero, Eddy and Lea counties
Gail.Cramer@state.nm.us
 
Jeremy Vesbach
District 3: San Juan, McKinley, Cibola, Valencia, Sandoval, Los Alamos and Rio Arriba counties
Jeremy.Vesbach@state.nm.us
 
Jimmy Bates
District 5: Bernalillo county.
Jimmy.Bates@state.nm.us
 
David Soules
Appointed At-large – Conservation Position
David.Soules@state.nm.us
 
Tirzio Lopez
Appointed At-large
Tirzio.Lopez@state.nm.us
​

​The NM State Game Commission held a virtual meeting on Friday Oct. 16th. While one might expect that everyone would be at ease with all things virtual now-a-day, the fact of the matter is these meetings seem to be getting increasingly more uncomfortable to watch. There is an unexplainable tension between the Commissioners and it’s painfully obvious that the Chairwoman and Vice Chairwoman simply do not get along. Perhaps it’s that a lack of personal interaction has deteriorated the relationships between the Commissioners themselves and the NMDGF staff. Or maybe it’s that virtual meetings lack a certain level of professionalism that is expected with face to face behavior. Whatever the case, it’s clearly eroding public participation in the “open-meetings” process.   
 
SUBSEQUENT DISCUSSION ON THE HUNTER EDUCATION RULE
 
Department Chief of Information & Education, Lance Cherry, provided an updated presentation to the Commission regarding the proposed changes to the Hunter Education Rule. Currently under the Dept.’s Mentored-Youth Hunting Program first-time youth hunters, 10 years of age and older, are allowed the ability to hunt small game, turkey, javelina, and deer (without going through a formal hunters education program) for two license years in the accompaniment of a licensed parent or guardian (i.e. “mentor”) The Dept. is proposing a roll back of the minimum age requirement from 10yrs to 8yrs and adding the requirement that a program Mentor must pass an abbreviated written hunting test. The Dept. is also proposing to add pronghorn antelope to the list of huntable game and would like to change the rule from permanent to a four-year cycle, April 1, 2021 – March 31, 2025.
 
The Commission had a long and lively debate on this issue, and it seemed that there were as many varying opinions as there were Commissioners. At the end of the discussion it seemed the Commission would be more comfortable with the Dept. proposing a “tiered approach” to the age rollback recommendation. It was unclear what exactly the Dept. will be changing however, the proposal is still currently open for public comment and will be updated in the coming days. If you would like to voice your opinion on this issue please send an email to lance.cherry@state.nm.us. The Commission is expected to vote on this Rule at their December meeting.
 
SUBSEQUENT DISCUSSION ON THE PUBLIC LAND USER STAMP
HABITAT STAMP PROGRAM)
 
Department Wildlife Chief, Stewart Liley, provided an updated presentation regarding the Dept.’s proposed changes to the Habitat Stamp program. The Habitat Stamp is a $5 fee charged to all hunters and anglers who intend to utilize public land during their sportsman activities. The fees are utilized to fund habitat and riparian improvement projects across the state. The program is currently managed on a regional basis by 5 different Citizens Advisory Committees. Over the decades since the program was initiated proceeds have been used to fund prescribed fire, forest thinning projects, aquatic and riparian restoration, grassland restoration, and installation/maintenance of wildlife water structures.
 
The Department provided an initial presentation to open this rule back in June. The issue has been open for public comment since that time. Apparently, the Dept. has received many comments expressing the public’s desire to see the fee increased from $5 to $10. The Commission discussed this and several other items they would like to see the Dept. propose to better the program. The Dept. is in the process of revising their proposal and will soon host another round of public hearings to gather input. It is anticipated that the Dept. will be proposing to increase the fee to $10 and to reduce the number of Citizen Advisory Committees from 5 to 1. NMCOG will be providing an official position on this matter to the Commission in the coming weeks. To voice your opinion please send an email to info@nmoutfitters.com
 
FINAL BIENNIAL REVIEW OF WCA SPECIES
 
The Dept. provided their final presentation on the biennial (every other year) review of threatened and endangered species as required by the Wildlife Conservation Act (WCA). There was one recommended change to the listed species. The Dept. recommended to up-list the Narrow Headed Garter Snake from threatened to endanger. These snakes are only found in the San Francisco and Gila River drainages in NM. The Commission unanimously approved the 2020 biennial review of WCA species.
 
DRAFT RECOVERY PLAN FOR LEAST SHREW
 
The Department provided a presentation on a draft Recovery Plan for the Least Shrew as pursuant to the Wildlife Conservation Act. The Least Shrew is a very small mammal that inhabits portions of New Mexico’s High Plains and the Pecos River Valley. It was listed as threatened in New Mexico in 1985. Recent trapping surveys have revealed that the species is considerably more widespread than it was presumed to be at the time of its listing. The Department has prepared a Draft Recovery Plan that is expected to be approved by the Commission in January 2021. The recovery plan outlines a strategy for ensuring the continued persistence of multiple populations of Least Shrew in NM. This recovery plan will soon be open for public comment on the Dept.’s website.
 
SUBSEQUENT DISCUSSION ON THE IMPORTATION OF
​LIVE NONDOMESTIC ANIMALS, BIRDS AND FISH RULE
 
Department Fisheries Chief, Kirk Patton, provided an 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 motivation behind the above proposed changes appeared to be that many of the current regulations are prohibitive to the way the Fisheries Department conducts their conservation efforts as well as simplicity in complying with recovery efforts under the Mexican Wolf Recovery Plan. Previously the NMDGF Director had the ability to review and approve permit applications for carnivore importation without Commission approval. The Game Commission that served under the Martinez administration removed that ability from the Director. The current Commission intends to restore this power back to the Director to align the importation and release permit process across all species. This proposal is currently open for public comment. Please voice your opinion at dgf-importation.rule@state.nm.us
 
INITIATION OF THE HUNTING AND FISHING LICENSE AND APPLICATION RULE
 
The Dept. provided an initial presentation on changes they wish to make to the license application rule as it relates to the mobility impaired certification for permanent conditions. The Dept. expressed that the current process is being manipulated by individuals who are attempting to cheat the system and increase their draw odds. The Dept. has discovered that there are many individuals who are applying for hunts within the mobility impaired hunt codes as their first choice and hunt codes for not mobility impaired as a second/third choice (which would indicate the mobility impairment is either not a permanent condition or not severe enough to limit hunter mobility). The Dept. would like to change the eligibility requirement for the mobility impaired certification to be eligible only to those individuals who have an inability to walk. They are also planning to remove the allowance for mobility impaired hunters to utilize a crossbow during archery season. This rule will be open for public comment soon on the Dept. website. The Commission is anticipated to approve the changes to the rule at their January meeting.
 
 
ODDS AND ENDS
 
The Commission approved the draw deadline dates for 2021 as follows: February 10, 2021 - bear and turkey draw permits. March 17, 2021 - deer, elk, pronghorn, oryx, ibex, barbary sheep, bighorn sheep, and javelina draw licenses. And August 18, 2021 - pheasant and sandhill crane draw permits.
 
Department Colonel of Law Enforcement, Robert Griego, gave a detailed presentation on hunting/fishing violations and the license revocation process complete with hearing date requirements adhered to by the NMDGF, a person’s ability to appeal, and the authority of the Game Commission. After a lengthy Commission discussion on the number of years generally recommended in most revocations, the Commission unexpectedly voted to revoke the license privileges of 5 individuals with 20+ violation points for 10 years (usually the revocation is for 3 years).  
 
PUBLIC COMMENT
 
The NM Wildlife Federation and Backcountry Hunters and Anglers expressed that they would like to see the Commission increase the Habitat Stamp fee from $5 to $10. And they would also like to see the Dept. increase license fees across the board.
 
TA Land Grant commented on the transfer of the Laguna Del Campo lake property from the NMDGF to the Land Grant. Although the property was transferred the water rights did not. And the Land Grant is seeking NMDGF assistance on how the proceed to retain enough water to keep the lake in a fishable state. 

Next Commission Meeting – December 3rd (Possibly Roswell – Possibly Virtual)
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
S.Salazar-Hickey@state.nm.us
 
Roberta Salazar-Henry – Vice Chairwoman
District 2: Catron, Socorro, Grant, Hidalgo, Luna, Sierra and Doña Ana counties
R.Salazar-Henry@state.nm.us
 
Gail Cramer
District 1: Curry, De Baca, Roosevelt, Chaves, Lincoln, Otero, Eddy and Lea counties
Gail.Cramer@state.nm.us
 
Jeremy Vesbach
District 3: San Juan, McKinley, Cibola, Valencia, Sandoval, Los Alamos and Rio Arriba counties
Jeremy.Vesbach@state.nm.us
 
Jimmy Bates
District 5: Bernalillo county.
Jimmy.Bates@state.nm.us
 
David Soules
Appointed At-large – Conservation Position
David.Soules@state.nm.us
 
Tirzio Lopez
Appointed At-large
Tirzio.Lopez@state.nm.us
​

The New Mexico State Game Commission held their second fully virtual meeting via Zoom last Thursday. The agenda was once again routine and there was a noticeable lack of public comment. The process for providing public comment during these virtual meeting, while relatively painless, does require more effort than previously, which likely explains the lack of public involvement. There were just a few technical glitches and the meeting was wrapped up several hours early.
 
The meeting began with Commission Committee updates from the various committee chairs established by Commission Chairwoman Salazar-Hickey during the April Commission meeting. Director Sloane also provided an update. These updates are expected to be an every meeting event from here on out. Committees are as follows:  
 
Finance Committee
Salazar-Henry – Chair, Members –Bates & Vesbach
Customer & Stakeholder Committee
Cramer – Chair, Members – Lopez
Organizational Profile Committee
Soules – Chair, Members –Salazar-Henry & Cramer
Hunt Structure Committee
Vesbach – Chair, Member – Salazar-Henry & Soules
 
The updates provided by the Commissioners regarding their work within these individual committees were remarkably interesting and did seem to add a level of transparency to the Commission Meeting (which was the goal). The update from the Hunt Structure Committee was particularly interesting Commissioner Salazar-Henry commented that through her involvement in the committee she has seen the importance of non-resident hunter license revenue to the financial stability to the NMDGF as an agency.  
 
UPDATE ON THE DEPARTMENT’S NATIVE FISH PROGRAM
 
Fisheries Chief Kirk Patton provided the Commission an update on the Dept.’s fish programs. Priority activities for the department include stream habitat restoration, repatriation of native fish and invertebrates, and native trout restoration. Notable successes in recent years include: A 21% increase in the New Mexico distribution of Rio Grande cutthroat trout since 2006, improving two miles of habitat for Chihuahua chub and Rio Grande sucker, complete removal of non-native trout from 23 miles of habitat in the Whitewater Creek drainage for Gila Trout restoration, and increases in the abundance and frequency of young Colorado Pikeminnow in the
San Juan River.
 
Continuing initiatives for the Native Fish Program include: Participation in the San Juan River Basin Recovery Implementation Program for Razorback Sucker and Colorado Pikeminnow, research and restoration efforts for lower Pecos drainage species (Texas Hornshell, Pecos Pupfish, Blue Sucker & Grey Redhorse), native trout restoration for Rio Grande Cutthroat Trout and Gila Trout, improving habitat for Chihuahua chub, and development/implementation of Conservation Strategies for Rio Grande Chub and Sucker. This presentation was for discussion purposes only and no action was taken by the Commission.
 
INITIATION OF BOUNDARY DESCRIPTIONS FOR GAME MANAGEMENT UNITS
 
Department Wildlife Chief Stewart Liley provided a presentation on the Dept.’s proposed changes to several boundary description for GMUs. Chief Liley stressed that these recommendations are for clarification purposes only and will have no impact on hunters in the field.
 
Proposed changes include: Areas that were inadvertently not included in any GMU , assigning areas to only one GMU that were inadvertently assigned to two GMUs, modifying GMU assignment of certain areas and/or boundary descriptions to align with implementation on the ground, and other proposed minor changes that correspond to features on the ground, using correct feature names, and including additional clarifying language. Proposed changes will be posted on the Dept. website for public comment. Specific changes are as follows:

• Neighboring GMUs that overlap each other: A large portion of Fort Bliss (Dona Ana Range Camp) included in both GMU 19 and GMU 28 proposed to remain in GMU 19.
• Neighboring GMUs that leave a gap between them: Gap between Fort Bliss and US 54 (between GMUs 28 & 34) proposed to be in GMU 34.
• Holloman Air Force Base (between GMUs 19 & 34): Proposed to be in GMU 19.
• Proposed area reassignment: Area (Las Cruces) west of I-25 and south of US 70 currently in GMU 19 proposed to be moved to GMU 25. This will more logically align with the highways in Las Cruces.
• There are also several clarifications to GMU boundary descriptions that can be made that will not substantially affect the current mapped boundaries.

 
FINANCIAL REVIEW AND APPROVAL OF FISCAL YEAR 2022 CAPITAL OUTLAY REQUEST
 
The Department CFO provided financial and license sales data for the past three fiscal years for discussion purposes as part of the Hunt Structure Committee report. The presentation included revenue data related to license sales, federal revenue, and other revenue generated by the Department. The presentation was extremely interesting and clearly highlighted the extraordinary, and irreplaceable, importance of non-resident hunting license revenue to the overall budget of the NMDGF. Anyone wishing to watch the presentation click HERE and fast forward to 2:40:25.
 
During this presentation, the Department also sought Commission guidance on priorities, areas of emphasis, and desired changes in the 2022 Capital Project Plan. The Department also gathers executive branch guidance from the Governor's Office in their development of the fiscal year 2022 capital budget request.
 
INITIATION OF AMENDMENTS TO THE HUNTER EDUCATION RULE
 
The Dept. also provided a presentation to make changes to the Hunter Education Rule to allow first-time youth hunters, 8 years of age and older, the ability to hunt small game, turkey, javelina, deer and pronghorn antelope for two license years under the Dept.’s Mentored-Youth Hunting Program. The proposed age rollback would
more effectively align with the minimum age requirement of 10 for online hunter education certification. It would also allow hunting opportunities for pronghorn antelope.
 
Under the current rule participants in the program are limited to hunting small-game, turkey, deer and javelina. And registration is only available for youth 10 years of age and older (under age 18) and is valid for a period of two consecutive license years. Proposed amendments will be posted on the Department website for public input.

The New Mexico State Game Commission held their first fully virtual meeting today. The agenda was rather routine which was probably the best way to begin the experiment of hosting a successful public meeting that is 100% virtual. If a member of the public wanted to provide comment during the meeting, they needed to pre-register with the Dept. so that the Dept. could facilitate participation on a virtual platform. The meeting went surprisingly well and our hats off to Lance Cherry (NMDGF Chief of Information & Education) for doing a great job managing all the technology ins and outs.
 
FINAL HEARING ON AMENDMENTS TO THE HUNTING AND FISHING MANNER AND METHOD RULE
 
The Department proposed and the Commission approved to delete Subsections DD and EE in the Hunting and Fishing Manner and Method Rule to prohibit licensed trappers and cougar hunters from using traps and foot snares to harvest cougars. The proposed deletion from the Manner and Method rule was necessary to align with the new Bear and Cougar Rule. In November 2019, the State Game Commission passed a new Bear and Cougar rule (which was effective April 1, 2020) which prohibits using traps or foot snares to harvest cougar.  
 
SUBSEQUENT DISCUSSION ON THE MIGRATORY BIRD RULE
 
Dept. Wildlife Chief Stewart Liley provided a presentation on the Migratory Bird Rule. The rule is amended annually, ensuring compliance with Flyway recommendations and Federal guidelines. In New Mexico, season selections and bag limits are determined in conjunction with the Central and Pacific Flyways and the
USFWS. The Dept. is considering making the following changes to the Migratory Bird Rule for the 2020-2021 season. If you would like to provide comment on this item please send an email to DGF-Waterfowl@state.nm.us
 
Season selections and bag limits are determined in conjunction with the US Fish and Wildlife Service working through the Central and Pacific Flyway Councils. Please note that seasons are not considered final until they have been published in the Federal Register. Proposed amendments for the 2020–21 season include:
• Changes to regular waterfowl season dates TBA, based on public comment and calendar dates
• Possible changes to sandhill crane allocation, based on fall population data
• Bag limit for northern pintail to remain at 1 per USFWS regulatory framework
• Move youth crane hunt to November
 
Proposed Central Flyway Seasons. Includes falconry, youth waterfowl days, and a 9-day September teal season.
 
Species                                
Ducks and Mergansers:    
North Zone          Oct. 10- Jan. 13
South Zone          Oct. 28- Jan. 31
Geese:
Dark Geese          
MRGV                Dec. 19- Jan. 31
Rest of State        Oct. 17- Jan. 31
Light Geese         
North and South Oct. 17- Jan. 31

Proposed Pacific Flyway Seasons. Includes falconry and youth waterfowl days.

Species                                
Ducks and Mergansers:    
North and South  Oct. 17- Jan. 31
Scaup                                
North and South  Oct. 17- Jan. 2
All Geese:                        
North 1                 Sept. 19- Oct
North 2                 Nov. 2- Jan. 31
South                    Oct. 17- Jan. 31

COMMISSION BUSINESS
 
In an effort to increase transparency among the Commissioners Chairwoman Hickey proposed establishing several work groups to facilitate collaboration between department personnel, the Commission, and the public. The committees are to report on their efforts during each Commission Meeting. The definitions and overall intent of each of these committees is still a bit fuzzy, but we should learn more about their role during the Commission meeting in June. Committees are as follows:
 
Finance Committee
Commissioner Salazar-Henry – Chair, Members – Commissioner Bates & Commissioner Vesbach
 
Customer & Stakeholder Committee
Commissioner Cramer – Chair, Member – Commissioner Lopez
 
Organizational Profile Committee
Commissioner Soules – Chair, Members – Commissioner Salazar-Henry & Commissioner Cramer
 
Hunt Structure Committee
Commissioner Vesbach – Chair, Member – Commissioner Salazar-Henry & Commissioner Soules
 
PUBLIC COMMENT
 
The usual suspects provided public comment during the Commission meeting (Brandon Wynn, BCHA, & NMWF). They voiced the same tired comments that they always do; their general opposition to the stream access law and their numerous gripes relating to how the Dept. manages hunter opportunity.
 
Next Commission Meeting – June 19th (Possibly Santa Fe – Possibly Virtual)

COMMISSIONER CONTACT INFORMATION
(You are welcome and 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
S.Salazar-Hickey@state.nm.us
 
Roberta Salazar-Henry – Vice Chairwoman
District 2: Catron, Socorro, Grant, Hidalgo, Luna, Sierra and Doña Ana counties
R.Salazar-Henry@state.nm.us
 
Gail Cramer
District 1: Curry, De Baca, Roosevelt, Chaves, Lincoln, Otero, Eddy and Lea counties
Gail.Cramer@state.nm.us
 
Jeremy Vesbach
District 3: San Juan, McKinley, Cibola, Valencia, Sandoval, Los Alamos and Rio Arriba counties
Jeremy.Vesbach@state.nm.us
 
Jimmy Bates
District 5: Bernalillo county.
Jimmy.Bates@state.nm.us
 
David Soules
Appointed At-large – Conservation Position
David.Soules@state.nm.us
 
Tirzio Lopez
Appointed At-large
Tirzio.Lopez@state.nm.us

The NM State Game Commission held their most recent meeting at the new Dept. of Game and Fish office in Roswell last Thursday. The meeting was heavily attended due to the discussion regarding stream access. Both sides of the argument were well represented. If you read nothing else in this re-cap, PLEASE read the portion on the Non-navigable waters rule. And if you think it doesn’t matter to you because you don’t fish or because you don’t own river front property; you are sorely mistaken. What ultimately happens with this rule, and the statute behind it, will have a long-standing impact on how private property rights are defined in state of New Mexico. Everyone will be impacted.
 
LANDOWNER CERTIFICATION OF NON-NAVIGABLE WATERS RULE
 
Several months ago, due to continued pressure from Back Country Hunters and Anglers and the New Mexico Wildlife Federation, the Game Commission decided to place a 90 day moratorium on the Landowner Certification of Non-navigable Waters Rule (commonly referred to as the Non-navigable Waters Rule) in order to allow the Attorney General’s office to provide an official opinion regarding the constitutionality of the rule. During Thursday’s Commission meeting it was revealed to the public that the Dept. had received a memo from the attorney general’s office (not the same as an “opinion” – which is an important distinction).
 
In the memo the AG’s office states that the Rule is “not in constitutional compliance and cannot be enforced”. To justify this stance the AG’s office uses Article XVI, section 2, of the NM Constitution which states “the unappropriated water of every natural stream, perennial or torrential, …is here by declared to belong to the public”. The memo goes on to state that the term “non-navigable” cannot be applied to “limit the public’s access” and that the “test of navigability used in other states to determine the public character of the water does not apply in New Mexico”. This is extremely important to understand because since the constitution includes “perennial or torrential” waters, without being able to use navigability to determine access the AG’s office is very possibly saying that the public has the right to walk up a ditch bank, dampened by a monsoonal flash flood, into any private property for any reason. I will note that the AG’s office has since somewhat back pedaled on their memo – and you can read the AG Press Release HERE
 
But that doesn’t seem to matter much because the Game Commission, based on the AG memo, made the decision to stop enforcing the Non-navigable Waters Rule and to consider rescinding the Rule altogether. Shout out to Commissioner Gail Cramer for being the lone voice of reason and for going out on a limb to express her pro-private property stance during the meeting.
 
This Commission decision was a gigantic blow to private property rights and to the NM guided fishing industry. First and foremost because the AG office has now labeled the Rule as unconstitutional and because of that, people will incorrectly believe that they have a legal right to fish in waters with private land on both sides. Even though there is still a law on the books that makes walking and wading in a privately-owned streambed illegal (without the landowner’s written permission). However, most folks (and the news media apparently) don’t seem understand the difference between Rule and Law. Many people will read the misinformation in the newspaper articles; with headlines such as “New Mexico moves to reopen public waterways on private property” (Santa Fe New Mexican) and they will believe they have the legal right to access private property. They don’t!! It is still considered trespass to walk or wade in a streambed that has private property on both sides of the bank. And while the Commission Chairwoman has stated that the NMDGF will continue to enforce criminal trespass as they have for the past 30 years many people don’t seem to understand that includes streambeds.
 
So, what does all this chaos mean? Can an attorney general opinion or memo be wrong? Does an AG memo supersede State Law? Does the Commission have the legal right to simply not enforce a statute within the Game and Fish Chapter of Law? Your guess is as good as ours! If you are a supporter of private property rights please contact the Game Commissioners (email addresses below), the Governor, and the Attorney General and tell them we need clarification on this issue right away. And if you would like more information regarding NMCOG’s official stance on this issue (and/or the history behind it), please email NMCOG at info@nmoutfitters.com
 
FINAL DISCUSSION ON THE BEAR AND COUGAR RULE
 
The Commission voted to adopt the following changes for the next 4-year cycle of the Bear and Cougar Rules. You can find the Dept.’s full summary of their proposed changes HERE.
 
BEAR
 

• There are no proposals to adjust Bear Management Zone boundaries for any zones.
• Change the start date for the bear general weapon type season to September 25th in Bear Management Zones 10, 12, and 13, and extend the closing date to December 15th in Zones 10 and 12, and November 30th in Zone 13. The bear archery season will still begin September 1, during which the use of dogs is still not allowed.

• Group the Barker and Colin Neblett Wildlife Management Area (Hunt Code BER-1-104) and

Valle Vidal (Hunt Code BER-1-105) draw licenses as a single license, and include the Urraca
Wildlife Management Area in the areas open to hunting with that license.
 
COUGAR
 

• No longer allow traps as a method for sport harvest
• Harvest limit adjustments to align with data (reduce maximum allowable harvest numbers to be more in line with actual harvest numbers). Click HERE to see full list of harvest limit changes per Cougar Management Zone.
• Move Game Management Unit 25 from Cougar Management Zone J to Cougar Management Zone L.
• No longer allow additional harvest over the 2-bag limit.

 
SUBSEQUENT DISCUSSION ON THE TRAPPING AND FURBEARER RULE
 
The Dept. provided a subsequent presentation on their proposed changes to the Trapping and Furbearer Rule. To date the Dept. has received an astounding 2400 public comments regarding this Rule. That’s substantially higher than any other Rule has ever received and most of those comments came from the anti-trapping community. However, the Dept. thankfully continues to stand by trapping as a necessary conservation tool.
 
The Dept. is going to propose making this rule a 4-year rule which would open for every 4-year cycle just like the other big game rules. Wildlife Chief Stewart Liley provided a lengthy presentation on the current trapping rule, why trapping is a completely necessary part of wildlife management, how the NM trapping regulation compare to other states, and how trapping is the only method of take that is actually recognized and regulated internationally through a 1997 agreement made between the US and the EU. The Dept. is proposing the following and you can read a full version of the Dept. summary of proposed changes HERE. Public comment is still open for this Rule and you can voice your opinion by sending an email to dgf-furbearer-rules@state.nm.us
 

• Mandatory trapper education
• Proposing closures in the following areas:
  • The Sandia Ranger District
  • The eastern portion of the Organ Mountain-Desert Peaks National Monument
  • Forest Service lands within ½ mile of:
    • NM Hwy 475 (road to Ski Santa Fe) on the Santa Fe national Forest
    • NM Hwy 150 (road to Taos Ski Basin) on the Carson National Forest
• Increase setback distance to ½ mile from:
  • Designated trailheads
  • Designated roadside rest areas
• Water sets must be fully submerged
  • Every other day check on all kill traps
• Land sets cannot be within 30 feet of bait greater than 2 ounces weight and visible to airborne raptors
• Open racoon season from May 16-Aug 31st with restricted trap types
• Open a nutria (found only in the Rio Hondo) season from April 1-March 31st

 
 
Next Commission Meeting – January 17, 2020 (Las Cruces, NM)
 
COMMISSIONER CONTACT INFORMATION
(You are welcome and encouraged to contact the Commissioners any time to voice your opinion)
 
Joanna Prukop - Chairwoman
District 4: Santa Fe, Taos, Colfax, Union, Mora, Harding, Quay, San Miguel, Guadalupe and Torrance counties.
Joanna.prukop@state.nm.us
 
Roberta Salazar-Henry – Vice Chairwoman
District 2: Catron, Socorro, Grant, Hidalgo, Luna, Sierra and Doña Ana counties.
R.Salazar-Henry@state.nm.us
 
Gail Cramer
District 1: Curry, De Baca, Roosevelt, Chaves, Lincoln, Otero, Eddy and Lea counties.
Gail.Cramer@state.nm.us
 
Jeremy Vesbach
District 3: San Juan, McKinley, Cibola, Valencia, Sandoval, Los Alamos and Rio Arriba counties
Jeremy.Vesbach@state.nm.us
 
Jimmy Bates
District 5: Bernalillo county.
Jimmy.Bates@state.nm.us
 
David Soules
Appointed At-large – Conservation Position
David.Soules@state.nm.us
 
Tirzio Lopez
Appointed At-large
Tirzio.Lopez@state.nm.us

Game Commission Re-cap
October 25, 2019
Farmington, NM

The NM State Game Commission held their most recent meeting in Farmington on Friday Oct. 25th. Public attendance was sparse.
 
DEPT. HABITAT ENHANCEMENT AND RESTORATION PRESENTATION
 
Dept. Wildlife Chief Stewart Liley provided the Commission with a presentation on the status of the Dept’s habitat enhancement and restoration efforts. Essentially it was a discussion on how the funds generated by the habitat management stamps are allocated for on the ground projects. Chief Liley indicated that the funds are primarily focused on Dept. owned properties first and foremost. He also emphasized that while the habitat management fund is a highly monitored area of funding (through the Citizen Advisory Committee) it is actually the smallest pool of funding that the Dept. generates. Because of this the Dept. has been working on ways to utilize these funds in ways that will give the Dept. the best bang for their buck. This strategy includes working with government agencies such as the US Forest Service, BLM, and other non-governmental organizations to build additional funding structures to enhance the benefit provided by each habitat improvement project.    
 
SUBSEQUENT DISCUSSION ON THE FAIR CHASE RULE
 
The Dept. provided a subsequent presentation on the development of a rule that deals with the idea of restricting public availability of wildlife tracking data. The rule is in response to Senate legislation that was signed into law during the past legislative session. The legislation provides for a prohibition on the distribution of wildlife location data collected by the Dept. Basically the Dept. now has the ability to delay releasing collar or other location gathering data so as to prevent hunters or other public individuals from knowing exactly where wildlife are located at any given time. The rule would also withhold (temporarily) some of the Dept. aerial and ground survey data. This agenda item was presented to the Commission for discussion purposes only and will voted on for final adoption at the November meeting.
 
UPDATE ON THE MEXICAN WOLF RECOVERY PLAN
 
The Dept. provided a presentation on their request to rejoin the MOU with the Fish and Wildlife Service as it relates to the Mexican Wolf Recovery Program. The Dept. feels that this step will do several things for the Dept. Signing onto the MOU will provide the Dept. with the status of “cooperating agency” and will allow the Dept. to have more hands-on involvement with the recovery efforts. With this partnership the Dept. would assign 2 employees to be involved with the recovery efforts full time. The Dept. feels that being more involved will help them to have a better understanding of wolf population numbers as well as to deal with livestock depredation issues (which have increased exponentially over the past year). The Commission voted in favor of rejoining the MOU. 
 
The Dept. also updated the Commission on the details of the recovery efforts planned for 2020. The USFWS plans to cross foster as many puppies as are logistically possible during 2020. The Commission authorized the Director to allow the 2020 plan for cross fostering and to allow for the importation of wolves into captive facilities in NM for management purposes. 
 
SPECIAL DRAW ALLOCATION PROCESS
 
Chief Liley provided the Commission with a brief summary of how the big game draw functions. First and foremost, the Commission sets the level of take by Rule every 4 years. Every year when the application period ends for the draw, each individual application is assigned a random sequence number. A computer program then examines each application in numerical order starting with the application randomly assigned #1. When an application
is examined, the computer attempts to fulfill the first, second, then third hunt choices subject to the quotas (84% resident, 10% outfitter pool, 6% non-resident DIY).
 
The Dept. always runs into an issue in making this draw allocation work exactly according to the quota statute because there is an inherent flaw in the mathematics written into the law. According to the statute the Dept. must allocate a minimum of 84% to resident hunters (the 10% and 6% pool do not have that caveat). The statute also states that if the allocation results in a fraction of a tag than the Dept. shall round-up for anything over 0.5 and otherwise round down. However, mathematically it is impossible to follow both requirements in the statute. In the past the Dept. has handled this fractional remainder by adding tags to the draw. However, Department Director Mike Sloane does not wish to continue this practice. The Commission voted to approve the issuance of permits strictly based on the minimum 84% (no longer adding tags to the draw).
 
ODDS AND ENDS
 
The Dept. provided the Commission with a presentation regarding legislation (Recovering America’s Wildlife Act) moving through Congress that would provide for federal funding for non-game species. The Commission voted to approve writing a support letter in favor of the legislation.  The Dept. also provided a presentation on the 2019 Nuisance Abatement report. In 2019 racoons dominated the complaints by individuals of nuisance wildlife. Over 30% of all reports were racoon related followed by bear, elk, beaver, and cougar. 
 
PUBLIC COMMENT
 
During the general public comment segment of the meeting opposition was expressed by several entities to the Certification of Non-navigable Waters Rule. In response, the chairwoman requested that the Non-navigable Water Rule be put on the agenda for the November meeting.
 
Next Commission Meeting – November 21, 2019 (Roswell, NM)
 
COMMISSIONER CONTACT INFORMATION
(You are welcome and encouraged to contact the Commissioners any time to voice your opinion)
 
Joanna Prukop - Chairwoman
District 4: Santa Fe, Taos, Colfax, Union, Mora, Harding, Quay, San Miguel, Guadalupe and Torrance counties.
Joanna.prukop@state.nm.us
 
Roberta Salazar-Henry – Vice Chairwoman
District 2: Catron, Socorro, Grant, Hidalgo, Luna, Sierra and Doña Ana counties.
R.Salazar-Henry@state.nm.us
 
Gail Cramer
District 1: Curry, De Baca, Roosevelt, Chaves, Lincoln, Otero, Eddy and Lea counties.
Gail.Cramer@state.nm.us
 
Jeremy Vesbach
District 3: San Juan, McKinley, Cibola, Valencia, Sandoval, Los Alamos and Rio Arriba counties
Jeremy.Vesbach@state.nm.us
 
Jimmy Bates
District 5: Bernalillo county.
Jimmy.Bates@state.nm.us
 
David Soules
Appointed At-large – Conservation Position
David.Soules@state.nm.us
 
Tirzio Lopez
Appointed At-large
Tirzio.Lopez@state.nm.us

The NM State Game Commission held their most recent meeting in Cloudcroft at The Lodge Pavilion this past Wednesday. The meeting was sparsely attended compared to the previous commission meetings held in more urban venues. Even though Bear, Cougar, and Trapping were all on the agenda; only several more hunters and trappers than usual showed up to defend their positions (which is the opposite of what you might expect to see at a meeting held in a rural setting). Yet, as usual, the anti-hunting/trapping crowd was solidly represented and provided public comment.
 
The moral of the story: The Commission continues to hear from many, many individuals in the anti-hunting community who wish to prevent all predator hunting and trapping. However, the Commission is not hearing from the pro-hunting/trapping community in nearly the same volume. If our industry continues to sit on the side-lines, hoping and praying that the Commission makes the right decision, we may be sorely disappointed in the end. PLEASE take the time to provide public comment to the Dept. in general support of predator hunting and trapping (click HERE). Also, please send the Commissioners an email reiterating your position (Commissioner email addresses provided below).   
 
FISHERIES MANAGEMENT DIVISION PRESENTATION
 
The Chief of Fisheries, Kirk Patten provided a comprehensive presentation on the condition of the fish hatcheries across the state. The presentation included an update on the condition of both game and non-game species as well as the condition of the Gila Trout population which is listed as “threatened” under the ESA. Chief Patten also gave an update on the condition of the “world class” fishery along the San Juan River and referred to the fact that much of the revenue generated through that fishery is derived primarily by non-resident anglers. Kudos to Chief Patten for this underlying plug for outfitters along the San Juan.  
 
The presentation additionally included a description of the most pressing needs of the fisheries division regarding needed infrastructure improvements at hatcheries across the state. Improvement needs are as follows:

• Renovation of Glenwood Hatchery to produce Gila trout
• Modernization of staff housing at all facilities
• Replacement of raceways at aging facilities
• Updates and rebuilding of visitor’s centers improvements to drinking water systems
• New hatchery building at Rock Lake Hatchery for warmwater production
• Addressing mine tailings used in the renovation of Lisboa Springs Hatchery in the 1980s

 
SECOND SUBSEQUENT DISCUSSION ON THE BEAR AND COUGAR RULE
 
The Dept. provided a final updated presentation to the Commission on their proposed changes to the next 4-year cycle of the Bear and Cougar Rules. The Dept. has made a couple of changes to their proposal in response to their research as well as the public opinions that were voiced at the recent public meetings. The Dept. is proposing the following changes to the Bear and Cougar Rule. The proposals were presented for discussion purposes only and will be approved at the Commission’s November meeting. This rule is currently open for public comment but the final version of the proposal with be posted to the registrar in October so if you would still like to provide public comment please voice your opinion ASAP by sending an email to DGF-Bear-Cougar-Rules@state.nm.us. You can find the Dept.’s full summary of their proposed changes HERE.
 
BEAR

• There are no proposals to adjust Bear Management Zone boundaries for any zones.
• Change the start date for the bear general weapon type season to September 25th in Bear Management Zones 10, 12, and 13, and extend the closing date to December 15th in Zones 10 and 12, and November 30th in Zone 13. The bear archery season will still begin September 1, during which the use of dogs is still not allowed.

• Group the Barker and Colin Neblett Wildlife Management Area (Hunt Code BER-1-104) and

Valle Vidal (Hunt Code BER-1-105) draw licenses as a single license, and include the Urraca
Wildlife Management Area in the areas open to hunting with that license.
 
COUGAR

• No longer allow traps as a method for sport harvest
• Harvest limit adjustments to align with data (reduce maximum allowable harvest numbers to be more in line with actual harvest numbers). Click HERE to see full list of harvest limit changes per Cougar Management Zone.
• Move Game Management Unit 25 from Cougar Management Zone J to Cougar Management Zone L.
• No longer allow additional harvest over the 2-bag limit.

 
SUBSEQUENT DISCUSSION ON THE TRAPPING AND FURBEARER RULE
 
The Dept. provided a subsequent presentation on their proposed changes to the Trapping and Furbearer Rule. The Dept. is going to propose making this rule a 4-year rule which would open for every 4-year cycle just like the other big game rules. Wildlife Chief Stewart Liley provided a lengthy presentation on the current trapping rule, why trapping is a completely necessary part of wildlife management, how the NM trapping regulation compare to other states, and how trapping is the only method of take that is actually recognized and regulated internationally through a 1997 agreement made between the US and the EU. The Dept. is proposing the following:

• Mandatory trapper education
• Proposing closures in the following areas:
  • The Sandia Ranger District
  • The eastern portion of the Organ Mountain-Desert Peaks National Monument
  • Forest Service lands within ½ mile of:
    • NM Hwy 475 (road to Ski Santa Fe) on the Santa Fe national Forest
    • NM Hwy 150 (road to Taos Ski Basin) on the Carson National Forest
• Increase setback distance to ½ mile from:
  • Designated trailheads
  • Designated roadside rest areas
• Water sets must be fully submerged
  • Every other day check on all kill traps
• Land sets cannot be within 30 feet of bait greater than 2 ounces weight and visible to airborne raptors
• Open racoon season from May 16-Aug 31st with restricted trap types
• Open a nutria (found only in the Rio Hondo) season from April 1-March 31st

 
ODDS AND ENDS
 
The Dept. also provided a presentation on their efforts to establish an E-tagging system and they initiated rule openings in both the Hunting and Fishing License Application Rule and the Game and Fish Licenses/Permits Rule in order to make minor clarification changes to licenses issued to returning Iraq/Afghanistan veterans as well as penalties for vendors who do not return unissued carcass tags.  
 
PUBLIC COMMENT
 
The general public comment segment of the meeting was dominated by the usual complaints by the anti-hunting community. The Wildlife federation opposed the adjusted season dates being proposed in the Bear rule and spoke out in general opposition to the Certification of Non-navigable Waters Rule. There were also several ranchers who voiced opposition to the Dept.’s recommendation to do away with Cougar trapping as well as a number of Trappers who spoke out in opposition to the Dept.’s recommendation to increase trap setback distance.

Next Commission Meeting – October 25, 2019 (Farmington, NM)
 
COMMISSIONER CONTACT INFORMATION
(You are welcome and encouraged to contact the Commissioners any time to voice your opinion)
 
Joanna Prukop - Chairwoman
District 4: Santa Fe, Taos, Colfax, Union, Mora, Harding, Quay, San Miguel, Guadalupe and Torrance counties.
Joanna.prukop@state.nm.us
 
Roberta Salazar-Henry – Vice Chairwoman
District 2: Catron, Socorro, Grant, Hidalgo, Luna, Sierra and Doña Ana counties.
R.Salazar-Henry@state.nm.us
 
Gail Cramer
District 1: Curry, De Baca, Roosevelt, Chaves, Lincoln, Otero, Eddy and Lea counties.
Gail.Cramer@state.nm.us
 
Jeremy Vesbach
District 3: San Juan, McKinley, Cibola, Valencia, Sandoval, Los Alamos and Rio Arriba counties
Jeremy.Vesbach@state.nm.us
 
Jimmy Bates
District 5: Bernalillo county.
Jimmy.Bates@state.nm.us
 
David Soules
Appointed At-large – Conservation Position
David.Soules@state.nm.us
 
Tirzio Lopez
Appointed At-large
Tirzio.Lopez@state.nm.us

The NM State Game Commission held their most recent meeting last Thursday in Santa Fe at the State Capital building. The meeting was well attended, as is typical anytime an issue regarding a predator species is on the agenda. 

Subsequent Discussion on the Bear and Cougar Rule

PLEASE NOTE: The Dept. has specifically requested outfitter industry input regarding their proposal to change the start date of the bear season in Zones 10, 12, & 13. If you hunt bear, please provide either public comment to the Dept. email address below or simply reply to this email. 

The Dept. provided an updated presentation to the Commission on their proposed changes to the next 4-year cycle of the Bear and Cougar Rules. The Dept. has made a couple of changes to their proposal in response to their research as well as the public opinions that were voice at the recent public meetings. The Dept. is proposing the following changes to the Bear and Cougar Rule. This rule was being presented for discussion purposes only and will be approved at the Commissions September meeting. This rule is currently open for public comment. Please voice your opinion by sending an email to DGF-Bear-Cougar-Rules@state.nm.us. The Dept. plans to have the updated proposal including season dates and maps on their website to be reviewed in the next week. You can find the Dept.’s summary of their proposed changes HERE.

BEAR

• There are no proposals to adjust Bear Management Zone boundaries for any zones.
• Change the start date for the bear general weapon type season to September 25th in Bear Management Zones 10, 12, and 13, and extend the closing date to December 1st. The bear archery season will still begin September 1, during which the use of dogs is still not allowed.
• Group the Barker and Colin Neblett Wildlife Management Area (Hunt Code BER-1-104) and Valle Vidal (Hunt Code BER-1-105) draw licenses as a single license, and include the Urraca Wildlife Management Area in the areas open to hunting with that license.

COUGAR

• No longer allow traps as a method for sport harvest
• Harvest limit adjustments to align with data (reduce maximum allowable harvest numbers to be more in line with actual harvest numbers).
• Move Game Management Unit 25 from Cougar Management Zone J to Cougar Management Zone L.
• No longer allow additional harvest over the 2 bag limit.

Initial Discussion on the Fair Chase Rule

The Dept. provided a presentation on the development of a rule that deals with the idea of “Fair Chase”. The rule is in response to Senate legislation that was signed into law during the past legislative session. The legislation provides for a prohibition on the distribution of wildlife location data collected by the Dept. Basically the Dept. now has the ability to delay releasing collar or other location gathering data so as to prevent hunters or other public individuals from knowing exactly where wildlife are located at any given time. The rule would also withhold (temporarily) some of the Dept. aerial and ground survey data. This agenda item was presented to the Commission for discussion purposes only and will be addressed again at the next meeting. 

Initial Discussion on the Trapping and Furbearer Rule

The Dept. provided a presentation on their proposed changes to the Trapping and Furbearer Rule. First and foremost, the Dept. is going to propose making this rule a 4-year rule which would open for every 4-year cycle just like the other big game rules. Wildlife Chief Stewart Liley provided a lengthy presentation on the current trapping rule, why trapping is a completely necessary part of wildlife management, how the NM trapping regulation compare to other states, and how trapping is the only method of take that is actually recognized and regulated internationally through a 1997 agreement made between the US and the EU. The Dept. is proposing the following:

• Mandatory trapper education
• Proposing closures in the following areas:
• The Sandia Ranger District
• The eastern portion of the Organ Mountain-Desert Peaks National Monument
• Forest Service lands within ½ mile of:
• NM Hwy 475 (road to Ski Santa Fe) on the Santa Fe national Forest
• NM Hwy 150 (road to Taos Ski Basin) on the Carson National Forest
• Increase setback distance to ½ mile from:
• Designated trailheads
• Designated roadside rest areas
• Water sets must be fully submerged
• Every other day check on all kill traps
• Land sets cannot be within 30 feet of bait greater than 2 ounces weight and visible to airborne raptors
• Open racoon season from May 16-Aug 31st with restricted trap types
• Open a nutria (found only in the Rio Hondo) season from April 1-March 31st

Final Discussion on the Migratory Bird Rule

The Department presented their final proposed changes to the Migratory Game Bird Rule. The changes being proposed were determined in conjunction with information from the United States Fish and Wildlife Service (USFWS) as is a requirement of the Pacific Flyway Council. The proposed amendments are as follows:

• Duck Season in the north zone of the Central Flyway will run from October 12, 2019 to January 15, 2020.
• Duck Season in the south zone of the Central Flyway will run from October 28, 2019 to January 31, 2020.
• Duck Season in the Pacific Flyway will run from October 19, 2019 to January 31, 2020.
• Decrease bag limit for northern pintail to 1 per USFWS regulatory framework.
• Move youth crane hunt back 1 week to December 7.
• Changes to the number of sandhill crane permits issued, based on allocation.
• Extend Middle Rio Grande Valley dark goose season from 25 to 42 days.
• Extend hunting hours and open days on McAllister, Wagon Mound, Tucumcari, and Charette Lakes Wildlife Management Areas to be open all days of established migratory game birds seasons from ½ hour before sunrise to sunset.

The Commission voted unanimously to approve the Migratory Bird Rule. 

Odds, Ends, and Public Comment

The Dept. also provided an update regarding the Laguna del Campo (Burns Lake) transfer to the Tierra Amarilla Land Grant Association as well as presented an application to establish the La Joya Farm Game Shooting Preserve. The Commission voted to approve the Dept.’s fiscal year 2021 budget requests and also approved a request by the Holy Pursuits Dream Foundation to become a “qualified non-profit wish granting organization” eligible to receive donated licenses or permits. 

During the general public comment segment of the meeting a large group of landowners from the Pecos Canyon area spoke in opposition of the Commission’s moratorium (which was passed at the last meeting) of the Landowner Certification of Non-navigable Waters Rule. Additionally, the assistant attorney general, who is required to be in attendance during Commission meetings, indicated to the Commission that it would likely be in the best interest of the Commission to not "enforce" the moratorium until the AG’s office has time to review the issue. Chairman Prukop alluded that a rescinding of the moratorium would require a formal Commission vote in accordance with the Open Meetings Act which will likely take place at a future meeting. 

Next Commission Meeting – September 18, 2019 (Cloudcroft, NM)

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

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

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

Gail Cramer
District 1: Curry, De Baca, Roosevelt, Chaves, Lincoln, Otero, Eddy and Lea counties.
Gail.Cramer@state.nm.us

Jeremy Vesbach
District 3: San Juan, McKinley, Cibola, Valencia, Sandoval, Los Alamos, Rio Arriba. counties
Jeremy.Vesbach@state.nm.us

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

David Soules
Appointed At-large – Conservation Position
David.Soules@state.nm.us

Tirzio Lopez
Appointed At-large
Tirzio.Lopez@state.nm.us

The NM State Game Commission held its second meeting of 2019 at New Mexico Tech in Socorro, NM on July 24th. There was greater than average attendance at the meeting most likely because wolves, bears, cougars, the big game draw allocation, and stream access were all on the agenda. All agenda items were listed to be heard by the Commission for discussion purposes only.

Update on the Mexican Wolf Program
 
The Dept. provided the Commission with an update on the Mexican Wolf program in NM/AZ as well as Mexico. The update began with a historical perspective of the biology of the species (which is a subspecies of the Gray Wolf), the listing of the species under the endangered species act, and the subsequent reintroduction efforts that began in the late 1970s up to the condition of the recovery efforts today.
 
According to Wildlife Chief Stewart Liley, Mexican wolf populations are currently in an exponential growth period. Minimum populations estimates are currently 131 wild wolves between the recovery zones in NM and AZ. However, according to Chief Liley that number is just a minimum estimate and true population numbers are likely higher. Most of the animals on the landscapes today are wild born or cross fostered (captive born puppies placed in a wild den within 14 days of birth). Today’s recovery efforts are boasting a 45% survival rate of puppies which basically mirrors the success of fully wild populations. With this exponential growth there have also been 114 confirmed livestock depredations so far this year. Problem wolves must be either removed and re-released elsewhere, placed into captivity, or lethally removed (in the event of a habitually troublesome wolf); all of which requires NMDGF and/or USFWS intervention and complicates recovery efforts.
 
Chief Liley also provided a summary of the current recovery plan which was approved by the USFWS in 2017 and accepted by the previous Game Commission. The ultimate goal of the recovery plan consists of the following criteria: the US population of Mexican wolves can be considered for “de-listing” when the wolf population reaches an abundance 320 wolves maintained over 8 consecutive years with at least 22 genetically diverse, captive bred wolves have been released into the wild and survive to “breeding age” (>2 years) AND Mexico’s Mexican wolf population achieves an abundance of 200 wolves maintained for 8 consecutive years with at least 37 genetically diverse wolves survive to breeding age.
 
This item was on the agenda for discussion purposes only and no action was taken by the Commission however, the Commission did ask several questions about what the recovery might look like if the NMDGF established a MOU with the USFWS to take on a more active role in the recovery efforts.  
   
Draw Allocation Process
 
Chief Liley provided the Commission with a summary of how the big game draw functions. First and foremost, the Commission sets the level of take by Rule every 4 years. Every year when the application period ends for the draw, each individual application is assigned a random sequence number. A computer program then examines each application in numerical order starting with the application randomly assigned #1. When an application
is examined, the computer attempts to fulfill the first, second, then third hunt choices subject to the quotas (84% resident, 10% outfitter pool, 6% non-resident DIY).
 
The Dept. always runs into an issue in making this draw allocation work exactly according to the quota statute because there is an inherent flaw in the mathematics written into the law. According to the statute the Dept. must allocate a minimum of 84% to resident hunters (the 10% and 6% pool do not have that caveat). The statute also states that if the allocation results in a fraction of a tag than the Dept. shall round-up for anything over 0.5 and otherwise round down. However, mathematically it is impossible to follow both requirements in the statute. In the past the Dept. has handled this fractional remainder by adding tags to the draw. However, Department Director Mike Sloane and the new Commissioners seemingly do not wish to follow this practice in the future.
 
According to Chief Liley this issue can be fixed legislatively OR through rule by issuing the draw strictly based on the minimum 84% (no longer adding tags to the draw). For example, if the fraction of a tag in either the 10% pool or the 6% pool is 0.8 the Dept. would no longer “round-up” and any time the draw resulted in a fraction no tag would be issued.
 
There was much discussion from the Commission regarding this issue and the sentiment seemed to be that the Commission would like to see the issue corrected legislatively. What this means for the outfitting industry is that it is highly likely that the quota statute will be opened in the very near future (perhaps as soon as January 2020).
                                                                     
Initiation of Bear and Cougar Rule
 
The Dept. provided a preliminary presentation to the Commission on their proposed changes to the next 4-year cycle of the Bear and Cougar Rules. The changes will not be voted on by the Commission until November and the Commission will hear several more updates on the rule development over the next several months. The following are the current recommendations being proposed.  
 
BEAR

• Currently not proposing any changes to bear harvest limits
• Possibly adjusting Bear Management Zone (BMZ) boundaries
• Ongoing research to estimate zone specific population size

 
COUGAR

• No longer allow traps as a method for sport harvest
• Harvest limit adjustments to align with data (reduce maximum allowable harvest numbers)
• Ongoing research to estimate zone specific population size

 
The Dept. has also scheduled the following public meetings to discuss the proposed changes. Please attend one of these meetings if you have an interest in hunting Bear and/or Cougar.

• Raton: 6:00 to 7:30 p.m. August 7 at the Department of Game and Fish office, 215 York Canyon Road
• Albuquerque: 6:00 to 7:30 p.m. August 13 at the Department of Game and Fish office, 7816 Alamo Road
• Las Cruces: 6:00 to 7:30 p.m. August 15 at the Department of Game and Fish office, 2715 Northrise Drive
• Roswell: 6:00 to 7:30 p.m. August 16 at the Department of Game and Fish office, 1615 West College  

 
Landowner Certification of Non-navigable Waters Rule
 
The Dept. provided the Commission with a summary of the Landowner Certification of Non-navigable Waters Rule which was established by the previous Commission as a result of the “Stream Access” Law which passed in 2015. Unfortunately, the presentation made it painfully obvious that the Dept. staff does not fully understand the history behind why the legislation was necessary nor the reason why the previous Commission was required to draft a Rule to determine the navigability of waters. The Dept. misrepresented the case law that was the catalyst for the legislation back in 2015 and additionally misstated the findings of subsequent case law that deals with the Public Trust Doctrine as it relates to an existing state statute. The Dept.’s presentation created more confusion than clarity and caused a tremendous amount of frustration among those of us who have been involved in this issue since the beginning. The Commission ultimately voted to put a 90-day moratorium on the Rule to give time for yet another attorney general opinion to be acquired.
 
NMCOG continues to support the Landowner Certification of Non-Navigable Water Rule as it was approved in January 2018. And we also support the 30 year old NMDGF regulation (codified into law in 2015) which states that in order for an angler to walk or wade up a stream-bed (where there is private property on both sides of the waterway) they must obtain the written permission of the landowner. Below is a detailed summary regarding the basis of our support for the Law and subsequent Rule.  
 
This issue has always been about the ownership of the stream-bed not the ownership of the water. We agree with the opponents of this law that the water of the state of NM belongs to the public. We have never wavered from this stance. If a waterway can be floated or fished from a boat without stepping onto the stream-bed than the individual has the right to recreate on the water.
 
The opponents of this law continue to confuse the issue by stating the Red River Valley case as their basis for disputing the statute. The Red River case attempted to ban members of the public from fishing in a lake from boats. And while former AG Gary King's 2014 opinion, which referred to the Red River case, was the catalyst that prompted the need to codify in law the NMDGF "stream access" regulation, the case does not deal with stream-bed access or the ownership of the stream-bed.
 
And while the opponents also point to an opinion released in 2016 by current AG Hector Balderas as further basis for their dispute of the statute; in-fact the opinion clearly states that it upholds the constitutionality of the 2015 Stream Access Law. 
 
The 2015 Stream Access Law gave the NM State Game Commission the ability to adopt rules to establish a process for determining stream-bed ownership. The New Mexico Council of Outfitters and Guides continues to support NMAC 19.31.22 the Landowner Certification of Non-Navigable Water Rule which provides a clear process for landowners to determine whether the waters within their private property are considered navigable. If the opponents of the Stream Access Law wish to continue their dispute as to the constitutionality of the statute, they should do so in a court of law or in the Legislature.
 
There are several reasons that the NM guided fishing industry supports the Stream Access Law, water being the number one factor. Approximately 70% of NM's waterways are already located on public land. And of the 30% located on private land only about 10% of these are fish-able (most waterways are dependent on torrential events and are essentially dry ditch banks for ninety percent of the year). The only reason that there is such a heavy push for the public to obtain access to this 10% is because in NM the fish-able waterways on private land are world class fisheries. The reason for this is that landowners have spent thousands upon thousands of dollars, over many decades, restoring, developing, and establishing the riparian areas located within their private lands. These efforts should not be disregarded.
 
And because there has historically been a NMDGF regulation that stated that anglers need the permission of the landowner in order to fish in waterways on private lands, the outfitting industry has spent nearly 30 years fostering relationships with landowners to establish a multi-million dollar per year guided fishing industry. Outfitters are small business owners who contribute substantially to NM's rural economies, pay NM gross receipts taxes, and employ individuals in very rural NM communities where unemployment rates are the highest. They also provide integrity to the angling industry by protecting the pressure to the fisheries resource on private waterways. The importance of guided fishing industry to the conservation and profitability of angling in NM cannot be understated.
 
Odds, Ends, and Public Comment
 
In addition to the above agenda items the Commission also heard an update on the current and future financial condition of the Dept. including the process of making budget recommendations to the state legislature. During the general public comment segment of the meeting Brandon Wynn of Albuquerque, the NMWF, and a representative of the Back-Country Hunters and Anglers provided comments regarding the quota statute and the draw allocation. Each group implied that they feel the resident hunter is somehow being slighted in the number of tags distributed through the draw and encouraged the Dept. to attempt to change the statute.

Next Commission Meeting – August 22, 2019 (Santa Fe, NM)
 
COMMISSIONER CONTACT INFORMATION
(You are welcome and encouraged to contact the Commissioners any time to voice your opinion)
 
Joanna Prukop - Chairwoman
District 4: Santa Fe, Taos, Colfax, Union, Mora, Harding, Quay, San Miguel, Guadalupe and Torrance counties.
Joanna.prukop@state.nm.us
 
Roberta Salazar-Henry – Vice Chairwoman
District 2: Catron, Socorro, Grant, Hidalgo, Luna, Sierra and Doña Ana counties.
R.Salazar-Henry@state.nm.us
 
Gail Cramer
District 1: Curry, De Baca, Roosevelt, Chaves, Lincoln, Otero, Eddy and Lea counties.
Gail.Cramer@state.nm.us
 
Jeremy Vesbach
District 3: San Juan, McKinley, Cibola, Valencia, Sandoval, Los Alamos and Rio Arriba counties
Jeremy.Vesbach@state.nm.us
 
Jimmy Bates
District 5: Bernalillo county.
Jimmy.Bates@state.nm.us
 
David Soules
Appointed At-large – Conservation Position
David.Soules@state.nm.us
 
Tirzio Lopez
Appointed At-large
Tirzio.Lopez@state.nm.us