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March 2024
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March 20243/12/2024 The New Mexico State Game Commission hosted their first meeting of 2024 in Albuquerque this past Friday. They were supposed to have held a meeting in January, but that meeting was abruptly cancelled to give the Governor time to appoint 2 additional commissioners. The reason for cancellation was a rumor but it appears to have been true considering there were magically 2 new commissioners at the meeting on Friday. The commission is now a full seven-member body for the first time since April 2021. The new commissioners are Richard Stump, a jeweler from Santa Fe who is also a horse trainer, lifelong sportsman, and a former hunting guide. And Sabrina Pack, a businesswoman from Silver City who does not seem to have any direct interests with the NMDGF other than a general love for wildlife.
The commission meeting was very routine. The primary agenda items were the annual initiation of the migratory bird rule and the commencement of the biennial review of NMDGF’s list of threatened and endangered species. One item that got punted to the next commission meeting was the election of a chair and vice chair. The commission has lacked a chairperson since the position was vacated by the sudden resignation of Deanna Archuleta during the 2023 legislative session. There are, of course, several rumors floating around as to why the commission hasn’t elected a chair. All rumors include some level of back-room politics. However, the truth of these rumors is of little concern to NMCOG. It makes no difference to us whether Tirzio Lopez becomes chairman or whether Sharon Salazar Hickey resumes the post. Or perhaps the position will be given to someone entirely new. It simply doesn’t matter, NMCOG will work equally diligent to form a relationship with whomever becomes chair. As previously stated, Friday’s meeting was routine. However, you’d never know it from reading the NM Wildlife Federation’s latest work of fiction. Normally NMCOG would not stoop so low as to provide NMWF with any level of PR. However, their latest diatribe was so rot with propagandized misinformation it seems only right to set the record straight. NMWF took a 5-minute commission conversation at the end of the meeting (which was promoted by Commissioner Pack’s innocent desire to learn more about the issues related to the Dept. for which she is now a member of the governing body) and turned it into a 1300-word anti-EPLUS essay. Most egregiously, they used the article as an opportunity to, straight up, libel a good man who happens to be originally from Texas and who happens to own private property. A man whose monetary contributions of the last decade have done more to benefit the riparian ecosystem, the fisheries, and the community of Chama, NM than the NM Wildlife Federation has ever done since the dawn of time. There was absolutely no justifiable reason for the NMWF to publish such mean-spirited blather. And it only highlighted their obvious desperation to misinform resident hunters. Luckily many resident hunters are finally waking up to recognize the NMWF’s true colors…. Now on to what the commission actually discussed in their meeting on Friday. INITIATION OF THE MIGRATORY BIRD RULE The Migratory Game Bird Rule is amended annually to ensure compliance with Federal Flyway recommendations and guidelines. In New Mexico, season selections and bag limits are determined in conjunction with the Central and Pacific Flyways and the US Fish and Wildlife Service. The Dept. is at the beginning of the review process for this Rule. Changes to the migratory bird rule will be determined over the next few months and presented to the Commission at a subsequent meeting. Public comment is now open, but NMCOG will wait to formalize our comments until after the Dept. comes out with their official recommendations. BIENNIAL REVIEW OF STATE LISTED THREATENED AND ENDANGERED SPECIES Every other year Department biologists determine for each listed species whether its status should be ‘uplisted’ from threatened to endangered, ‘downlisted’ from endangered to threatened, or remain unchanged from the previous review period. Adding or removing species to or from the state list is a separate process. The biennial review will take several months to complete and will then be open for a 90-day comment period prior to approval. NEW APPOINTMENTS TO THE CITIZEN ADVISORY COMMITTEE The Citizen Advisory Committee (CAC) is a volunteer working group that authorizes and prioritizes projects for the Habitat Stamp Program (HSP). The program’s purpose is to plan, develop, and coordinate conservation and rehabilitation projects on Bureau of Land Management (BLM) and U.S. Forest Service (USFS) managed lands that benefit fish and wildlife populations. Each member serves a 5-year term. Newly appointed CAC members are as follows: Lief Ahlm (At large position) Manuel L’esperance (Farm and Ranch position) Mark Cadwallader (District 1) Mark Mattaini (District 3) Ronald Loehman (At Large position) 2024 COMMISSION MEETING DATES AND LOCATIONS The commission voted on the following schedule of dates and locations for future 2024 Commission meetings. All meetings will continue to be an in-person & virtual hybrid. April 19th – Silver City, NM May 17th – Hobbs, NM August 15th – Red River, NM November 8th – Las Cruces, NM January 10th, 2025 – Santa Fe, NM ODDS AND ENDS During the meeting the Commission also heard a presentation from the Nature Niños, they approved the Hunters Education and Fishing License Application Rules (both rules underwent simple language changes), And they heard a presentation on the Dept’s fiscal year 2023 audit (of which there were no significant findings).
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October Re-Cap11/6/2023 he Game Commission hosted a meeting in Farmington on October 27th. Although a number of department employees and a few members of the public made the, in many cases several hours, trip to attend the meeting in person, only two commissioners were present. The other 3 commissioners attended via Zoom. All game commission meetings in this post-COVID era are “hybrid”. Yes it’s true that certain things have been made easier and more convenient through virtual meeting technology. Members of the public can comment on rule making from basically anywhere in the world. Meetings can have a greater range of participants. And sick days or snow days (sadly) are a thing of the past. However, much of this new found convenience seems to have also come at the expense of professionalism. Perhaps it’s the time consuming virtual snafus (“can you guys hear me okay”… “you’re cutting out”…”you’re on mute”), or that you frequently can’t see faces/body language, or perhaps it’s just the annoying impression that the person doesn’t seem to care enough to attend physically. There is just something more productive about being in the same room at the same time. Shout out to Commissioners Lopez and Clemente for going out of their way to attend the meeting in person.
BEAR AND COUGAR RULE APPROVAL The Commission unanimously approved the next 4-year cycle of the Bear and Cougar Rule. Thankfully the Rule was approved without much protest. There were a handful of comments from the usual suspects (Animal Protection NM and the Sierra Club) voicing their opposition to the Rule and predator hunting in general but definitely not the level that the anti-hunting groups were hoping to generate. The new Bear and Cougar Rule will apply to hunting seasons 2024-2027. The full Rule can be read in its entirety on the NMDGF website. Below is a brief summary of the approved changes. BMZ = Bear Management Zone and CMZ = Cougar Management Zone.
FURBEARER RULE APPROVAL The Commission unanimously approved to make the Furbearer Rule a “permanent” rule. Meaning that the Rule will no longer auto-matically come open every 4 years. This is not to say that the Rule will never be re-opened. The Commission can vote to open the Rule at any time. It just means that it will not be opened on a set schedule. The Dept. mentioned several reasons for making this change, the foremost being that NMDGF only allows harvest of a small amount of furbearers (a number further reduced by the 2022 trapping ban). It makes more sense for the rule to be considered permanent and for the Commission to have Dept. biologists provide annual reports, rather than the overly burdensome constraints of a Rule on an official cycle which is subject to a formal hearing. The Dept. further justified the change by explaining that if necessary the Director can reassess bag limits at any time with the concurrence of the Commission Chair. HUNTER EDUCATION BRIEFING The Department provided the commission with an update on their amendments to the Hunter Education Rule. Clarification is needed to address recent advances in technology which is allowing very young children to apply for the NM Big Game Draw. In 2023 a child as young as 3yrs passed an online hunter safety course and successfully drew (and supposedly harvested) big game. Some states that offer online Hunter Education courses do not set a minimum age and the NMDGF currently accepts a hunter training course of another state to meet the hunter training course requirements in New Mexico. Rule clarification is needed to ensure system integrity and hunter safety. The Dept. is proposing adding new language to the rule that clarifies students utilizing Out-of-State Hunter Education Certifications in New Mexico are restricted to hunters ages 9 and older. This change will help to address age requirements and should also help reduce the likelihood of parents or guardians submitting big game draw applications for very young children in an attempt to illegally hunt themselves on drawn tags. This proposal is currently open for public comment. Email your thoughts to DGF-HunterEducation-Rule@state.nm.us ODDS AND ENDS The commission also approved the annual depredation report, revocations report, and the application fora 157 acre Pheasant and Chukar hunting preserve on a private ranch east of Raton, NM. Also, the commission also approved the Draw application deadlines for 2024.
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August 20239/12/2023 The NM State Game Commission met on Friday July 21st at the Game and Fish office in Albuquerque. The meeting was short and the atmosphere was a bit awkward, which appears to be the way this Commission prefers to roll.
PUBLIC COMMENT The Commission started the meeting, as they normally do, with general public comment. Several days prior to the meeting Animal Protection New Mexico (APNM) sent an email to their members requesting they provide public comment in opposition to the Bear and Cougar Rule (which is currently open to public engagement and input on amendments for the next 4yr cycle). The email notice resulted in an abnormally high number of public comments made during the Commission meeting. All comments were in opposition to bear and cougar hunting. Some of the comments recommended that the Commission “lower the quotas”, “ban the use of dogs”, “live and let live”, “create policy that reflects the social values of the majority”, and several commentors mentioned that Bear/Cougar populations are “self-regulating” and therefore hunting is unnecessary. Obviously we disagree with all of these statements whole heartedly, but the point is that right now the anti’s are winning in the arena of public comment. It is time for our side to get busy commenting in support of the Department of Game and Fish when it comes to bear and cougar hunting! We may not agree with everything all of the time but in general the NMDGF does a fantastic job managing wildlife in the state of NM and they need to know that we support them. Remaining quiet or being constantly critical of every policy decision only plays into the hands of the anti-hunting public. Please provide public comment to the Dept. regarding the Bear/Cougar Rule. Feel free to let them know your true thoughts but lead with the positive and remember to let them know you support the hunting of bear and cougar. Send your comments to DGF-BearCougar-Rules@state.nm.us MIGRATORY BIRD RULE The Commission unanimously approved the Migratory Bird Rule for Sept. 1, 2023-March 31st, 2024. This rule is approved annually in conjunction with the federal framework of the Central and Pacific Flyway Council. Amendments to the rule were recommended based on federal framework and public comments. Some public comments were not applicable because they would go against the federal framework. A copy of the newly approved rule can be found on the NMDGF website under Commission “hearing archives” (until Sept. when it will be moved to the hunting tag under “Rules and Penalties”). Approved changes to the rule are as follows: Hunt dates were amended based on federal framework changes. No changes were made to sandhill crane or dove Federal changes were applied to pintail Bag limits remain the same for Central and Pacific Flyway birds in most instances. FURBEARER RULE The Dept. initiated the opening of the Furbearer Rule. The rule is currently on a 4 year cycle but the Dept. is proposing to make the rule “permanent”, meaning the rule remains closed unless specifically opened by the Commission. The Dept. mentioned several reasons for the change, the foremost being that NMDGF only allows harvest of a small amount of furbearers as it is and the 2022 trapping ban has only further reduced harvest. It makes more sense for the rule to be considered permanent and for the Commission to have Dept. biologists provide annual reports, rather than the overly burdensome constraints of a rule on an official cycle which is subject to a formal hearing including time requirements, public comment, and Commission action. The Dept. explained that if necessary the Director can set bag limits with the concurrence of the Commission Chair. Furbearer populations are currently stable and a recent study showed that even the swift fox population (which was previously a species of concern) was proven to be stable. Potential changes to the Furbearer Rule are open for public comment and will be approved by the Commission later this year. EXECUTIVE SESSION At each meeting the Commission goes into Executive Session which is unavailable to the public and generally relates to ongoing legal matters which the Dept. and Commission are involved in. The only insight that the public is awarded in regards to the Commission Executive Session is a short description of cases discussed provided in the meeting agenda. At the most recent meeting the agenda referenced the NM Trappers Association lawsuit against the NM Attorney General and NMDGF Director Sloane. This means the NM Trappers Association has filed a formal lawsuit against the law passed in 2021 (and in effect April 2022) which banned trapping on all NM public land. NMCOG is anxious to see how the proceedings go and we have agreed to help the NM Trappers Association overturn the trapping ban in the legislature in the event they are able to successfully deem the ban wholly or partially unconstitutional. Like all lawsuits, there definitely won’t be anything quick about this legal process. But this lawsuit is good news and it’s a start...
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August Commission Re-cap8/23/2022 The NM State Game Commission hosted a two-day meeting on August 19-20. Lots of ground was covered during the meeting so let’s jump right in… DIRECTOR’S REPORT - HUNTS ON FS LANDS IN BURN SCAR AREAS Director Sloane provided the Commission with an update on the NMDGF meetings with the Forest Service to ensure the areas of the Carson, Santa Fe, and Gila National Forests that were closed due to wildfire are re-opened in time for elk hunts. This will ensure that hunters who drew permits in the burn scar areas will be able to access the public forest land in those GMU’s. The Forest Service is working to open most areas by Sept. 1st. There are some areas of the Santa Fe which were heavily impacted by the Calf Canyon/Hermits Peak fire which will remain closed for the foreseeable future (i.e Pecos Canyon & the Serpent Lake trail and surrounding area). However, the NMDGF & Forest Service are working hard to ensure that elk hunters will not be negatively impacted by the closures. The one potential caveat to a Sept. 1st re-opening plan is the possibility for dangerous monsoonal flooding in the burn scar areas. Hopefully this will not occur, but the Dept. will communicate with draw hunters in the event of significant limitations to hunter access in the forest. 30 X 30 INITIATIVE DISCUSSION Sarah Cottrell Propst, Secretary of the NM Energy, Minerals, and Natural Resources Department, provided the Commission with an update regarding NM’s 30 x 30 Initiative (part of the federal America the Beautiful Initiative). The NM initiative is an executive order that requires at least 30% of NM’s land be considered “conserved” by the year 2030 with an additional 20% designated as “climate stabilization” areas for the purpose of combatting climate change. The NMDGF along with several other state agencies are participating in a collaborative advisory committee to inform the Governor regarding the progress and general direction towards obtaining NM’s 30x30 goals. Unsurprisingly, the advisory team does not yet have a definition for the term “conserved” however “climate stabilization area” is defined as intact or semi-intact lands that store a relatively large amount of carbon. NM’s 30x30 core principles include:
The advisory committee is beginning their public feedback process by conducting a preliminary survey which we encourage you to access by clicking HERE (hurry because the deadline to take the survey is 8/25/22). The committee will issue their first Annual Report to the Governor in December 2022. REPEAL OF THE NON-NAVIGABLE WATER RULE The Commission approved a complete repeal of the Landowner Certification of Non-Navigable Water Rule. NMCOG did not oppose the repeal. This is what the NM Supreme Court ordered in their March 1st ruling. What NMCOG does oppose is the NMDGF’s overly broad interpretation as it relates to how the NM Supreme Court ruling applies to public recreational access to waters located on private land. The NMDGF printed in their 2022 Fishing Proclamation “By means of this court order, all watercourses in the state, that can be legally accessed, are open for public recreational use.” The NMDGF additionally provided NMCOG with written clarification of their current stream trespass enforcement policy which stated: “As long as you legally access the stream, and stay within the free-flowing water of the streambed (the wetted portion of the stream), then you can access the stream for water recreational use (fishing, floating, swimming, etc.)” NMCOG feels that these policies are an egregious misinterpretation of the March 1st NM Supreme Court ruling. The ruling directed that the Non-Navigable Waters Rule be repealed however the court DID NOT repeal the statute which specifically outlaws walking and wading on private property to access water for recreational purposes. The statute reads: “No person engaged in hunting, fishing, trapping, camping, hiking, sightseeing, the operation of watercraft or any other recreational use shall walk or wade onto private property through non-navigable public water or access public water via private property unless the private property owner or lessee or person in control of private lands has expressly consented in writing. (Section C., Chapter 17-4-6 NMSA 1978).” In NM the streambed of any waterway on private land (with or without flowing water) is unarguably owned by the private landowner. They pay taxes on that land. The legal description of the streambed is included in their property deed and the value of the streambed is included in the real estate value of their property. This ownership structure has been in existence since New Mexico became a state in 1912. Private property owners have rights and landowners should not be forced to accept unlimited and uncontrolled numbers of trespassers just because their property includes a streambed. Without a NM Supreme Court written decision stating otherwise, trespass on private property, including in privately owned streambeds, is still 100% illegal. NMCOG feels strongly that the NMDGF and the Game Commission are adding to the public’s confusion regarding this issue and this confusion is leading to dangerous conflicts between unsuspecting anglers and landowners desperate to protect the investments on their private property. SUBSEQUENT DISCUSSION OF THE DEER RULE The NMDGF is currently revising the Deer Rule for the next 4-year cycle. The rule is currently open for public comment but will be closing very soon. Below is an updated list of the proposed changes to the deer rule. The rule will be officially approved at the October Commission meeting. Please review the changes and provide public comment ASAP via email to DGF-Deer-Rule@state.nm.us PLEASE NOTE: NMCOG is not taking an official stance on the muzzleloader issue. We have a substantial number of outfitters who are strongly in favor of the change as well as many who are strongly opposed. Consensus was undetermined and therefore NMCOG will remain neutral on the issue. PROPOSED CHANGES TO DEER RULE
SUBSEQUENT DISCUSSION OF THE ELK RULE The NMDGF is currently revising the Elk Rule for the next 4-year cycle. The rule is currently open for public comment but will be closing very soon. Below is an updated list of the proposed changes to the elk rule. The rule will be officially approved at the October Commission meeting. Please review the changes and provide public comment ASAP via email to DGF-Elk-Rule@state.nm.us PLEASE NOTE: NMCOG is not taking an official stance on the muzzleloader issue. We have a substantial number of outfitters who are strongly in favor of the change as well as many who are strongly opposed. Consensus was undetermined and therefore NMCOG will remain neutral on the issue. PROPOSED CHANGES TO ELK RULE
FINAL APPROVAL OF THE BIGHORN SHEEP RULE NMCOG is breathing a deep sigh of relief regarding the bighorn sheep rule. The Commission officially adopted the Dept’s proposal to maintain the current allocation process of draw permits (rather than eliminate non-resident draw opportunity as was previously proposed by resident preference groups). This means draw permits will continue to be awarded, as they have since 2015, with 84% of the total draw permits going to resident hunters and 16% to nonresidents. The rule was approved for a 2-year duration (rather than 4-year) but nonetheless, non-resident hunters have won this battle. Of course, the war is still brewing, and this issue will no doubt be debated again during the 2023 NM Legislative Session in January. But NMCOG always takes our wins where we can, and it sure feels good to bask in the glory of this temporary reprieve from the fight to preserve non-resident opportunity to hunt in New Mexico. A very big Thank You to all the resident & nonresident hunters, outfitters, and guides who provided public comment to the Commission over the past 6 months during this debate. ODDS AND ENDS During the 2-day meeting the Commission also heard presentations regarding the status of the Federal Recovering America’s Wildlife Act (RAWA) which is still pending Congressional approval, the Dept’s FY 2022 budget review and FY 2024 budget proposal, the status of SIKES Act projects (projects conducted using money generated by the habitat stamp program), a review of the origins and purpose of The North American Model of Wildlife Conservation, an update from the Wildlife Management Institute regarding the Commission’s role as a strategic partner, and a discussion of the Commission’s Mission, Vision, and Values. Next Commission Meeting – October 14, 2022 (Las Cruces, NM)
COMMISSIONER CONTACT INFORMATION (You're encouraged to contact the Commissioners any time to voice your opinion) Sharon Salazar Hickey - Chairwoman District 4: Santa Fe, Taos, Colfax, Union, Mora, Harding, Quay, San Miguel, Guadalupe and Torrance counties Sharon.Hickey@state.nm.us Deanna Archuleta - Vice Chairwoman At - Large Position deanna.archuleta@state.nm.us Gregg Fulfer District 1: Curry, De Baca, Roosevelt, Chaves, Lincoln, Otero, Eddy and Lea counties gregg.fulfer@state.nm.us Roberta Salazar-Henry District 2: Catron, Socorro, Grant, Hidalgo, Luna, Sierra and Doña Ana counties R.Salazar-Henry@state.nm.us Tirzio Lopez Appointed - Agriculture Position Tirzio.Lopez@state.nm.us OPEN District 3: San Juan, Rio Arriba, McKinley, Sandoval, Cibola, & Valencia counties OPEN District 5: Bernalillo County
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June 2022 Special Meeting6/21/2022 The NM State Game Commission hosted a “special” meeting on Friday June 17th to address the action items that were rolled over from the June 3rd meeting due to lack of a quorum. As Friday’s meeting started, like magic, a new commissioner appeared to fill the vacant District 1 position (Curry, De Baca, Roosevelt, Chaves, Lincoln, Otero, Eddy and Lea counties). Thank you, Gov. Lujan Grisham, for hearing our plea and finally appointing a fifth Commissioner. It felt like there was a collective sigh of relief from all of us regulars in the room who have witnessed the Commission tensions continue to build over the past few months. There are still two vacancies on the Commission but at least with 5 Commissioners motions will no longer die on a tie vote. The new Commissioner is Gregg Fulfer of Jal, New Mexico. He is a former state senator and former Lea County commissioner. He has a degree in electrical engineering from NM State University and is a retired businessman. He previously owned and operated several successful electrical, oil & gas, and cattle businesses in New Mexico & west Texas. And he is now the lone Republican on the NM State Game commission. Congratulations on your appointment Commissioner Fulfer! Welcome aboard. NMCOG looks forward to working with you. FURTHER DISCUSSION OF THE BIGHORN SHEEP RULE 48hrs prior to Friday’s meeting (and in compliance with the Open Meetings Act) the NMDGF posted a briefing to the Bighorn Sheep agenda item which indicated that the Commission would be discussing 2 amendments to the Bighorn Sheep Rule. The first was to place a once-in-a-lifetime constraint on Bighorn Sheep landowner permits and the other was to remove language that requires the funding generated from Bighorn Sheep raffle permits to be used for the “conservation of bighorn sheep”. NMCOG sent a letter to the Commission prior to the meeting in opposition to both amendments. In opposition to the once-in-a-lifetime designation, we reminded the commission that “placing restrictions on any private land permits simply creates disincentive for landowners to participate in conservation programs.” NMCOG additionally took the liberty to immediately notify all the landowners who would be impacted by the amendment, and we encouraged those individuals to reach out to the Commission prior to the meeting. At the beginning of the meeting Commissioner Salazar-Henry motioned to amend the agenda to strip the amendment related to private land bighorn permits stating that she credits the folks at the Wedding Cake ranch for their enlightening discussion about the benefits of private land agreements which ultimately changed her perspective on the issue. In opposition to the language change, NMCOG urged the Commission to maintain the current regulation and argued that all “money generated through the Bighorn Sheep enhancement program should unarguably be fully dedicated to the conservation of NM’s wild sheep populations.” After a lengthy Commission discussion regarding the wording of the statute and how that relates to the Rule, the Commission voted 2-3 to deny a change to the current language which will continue to read “the drawing will be conducted by the department or an incorporated, non-profit organization dedicated to the conservation of bighorn sheep.” Commissioners Salazar-Henry and Lopez voted to change the language and Commissioners Archuleta, Fulfer, and Salazar Hickey voted against the motion. You can watch the recording of this discussion HERE the conversation begins at 2:17:00 and is roughly 45 minutes long. APPROVAL OF THE STATEWIDE FISHERIES MANAGEMENT PLAN The Commission voted unanimously to approve the 2022 Statewide Fisheries Management Plan which is a document that communicates the vision of the NMDGF regarding the priority of fisheries projects in the state. It additionally outlines efforts to expand or maintain recreational angler opportunities and describes how the Dept. plans to balances this recreational pressure with responsible fisheries conservation. NMCOG was not at all opposed to this management document however, we did use the agenda item as a platform to express our extreme discontent with the Dept’s interpretation of the NM Supreme Court’s decision as it relates to recreational access to streambeds located on private land. We highlighted the high level of inconsistency between the Dept’s written management plan and the Dept’s newly adopted do-nothing enforcement philosophy as it relates to trespassers trampling riparian ecosystems on private land. Watch our comments HERE at 2:09:34 BUDGET OVERVIEW AND CAPITAL PLAN The Department also presented the Commission with their current financial and license sales data. The presentation included revenue data related to license sales, federal revenue, and other revenue generated by the Department. The agenda item provided context regarding the financial position and stability of the Dept’s annual revenue, which is generated primarily by (no surprise) non-resident hunting license sales. Click HERE to view the Dept’s very informative presentation or watch the Dept. presentation HERE starting at minute 58.57. The Commission voted unanimously to approve the Dept’s 5-year capital plan and capital request to the Department of Finance and Administration. Next Commission Meeting – July 22, 2022 (Ruidoso, NM)
COMMISSIONER CONTACT INFORMATION (You're encouraged to contact the Commissioners any time to voice your opinion) Sharon Salazar Hickey - Chairwoman District 4: Santa Fe, Taos, Colfax, Union, Mora, Harding, Quay, San Miguel, Guadalupe and Torrance counties Sharon.Hickey@state.nm.us Deanna Archuleta - Vice Chairwoman At - Large Position deanna.archuleta@state.nm.us Gregg Fulfer District 1: Curry, De Baca, Roosevelt, Chaves, Lincoln, Otero, Eddy and Lea counties gregg.fulfer@state.nm.us Roberta Salazar-Henry District 2: Catron, Socorro, Grant, Hidalgo, Luna, Sierra and Doña Ana counties R.Salazar-Henry@state.nm.us Tirzio Lopez Appointed - Agriculture Position Tirzio.Lopez@state.nm.us OPEN District 3: San Juan, Rio Arriba, McKinley, Sandoval, Cibola, & Valencia counties OPEN District 5: Bernalillo County
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June 2022 Re-cap6/9/2022 The NM State Game Commission hosted a meeting in Eagle Nest last Friday. The entire meeting was complete mayhem, as is the usual with this Commission. Only 2 Commissioners attended in-person (the other 2 by zoom), the agenda was entirely rearranged at the start of the meeting, Commissioners were unprepared and visibly unknowledgeable regarding NMDGF game regulations, the Vice Chair left the meeting early (leaving the Commission without a quorum and prevented them from approving the FY 2024 Capital Plan - requiring Director Sloane to urge the Commission to schedule a special meeting since the Capital Plan has an approval deadline of July 1st), and motions made during the meeting were done so in an overly technical manner, which I speculate was, to intentionally confuse the other Commissioners as well as the public. There is a term for situations with this sort of prolonged chaos. But it’s a term better left unwritten in professional communication. Click HERE to experience the madness firsthand. NOTE: The Deer and Elk Rules were not heard. Both are still open for public comment at DGF-Deer-Rule@state.nm.us and DGF-Elk-Rule@state.nm.us. REMOVAL OF SCOPES FROM MUZZLELOADERS The Dept. did not provide an official update to this proposal however, the Commission did have an informal discussion on the topic. Commissioner Salazar-Henry had previously expressed opposition to the proposal given the high amount of public comment that has been generated over the last few months (both in opposition and in favor of the proposal). Director Sloane specifically asked the Commissioners if they intended to proceed with the proposal considering the Dept. would be forced to significantly reduce licenses across all species if the proposal were to fail (given the very high success rates of modern-day muzzleloaders with scopes). Commissioner Salazar-Henry responded that she had done some research on the Colorado rule that bans scopes and was interested to learn that CO has never allowed scopes on muzzleloaders. She also learned that CO is considering banning scopes on all rifles due to their ability to allow a hunter to harvest game at very long range. It seems CO too is having trouble properly managing wildlife with such high hunter harvest rates. Commissioner Salazar-Henry directed the Dept. to continue with their proposal to ban scopes on muzzleloaders. Indicating that she agrees it is in the best interest of game management and that she will vote in favor of the ban. SUBSEQUENT DISCUSSION EXOTICS RULE The Dept. provided their subsequent update on the Exotics Rule. This means the window for providing public comment is closing fast. The Dept. will finalize their proposed changes over the next month and then post their final version of the Rule to the Register, where it must remain unchanged for 30 days prior to approval. The Exotics Rule will be officially approved by the Commission at their August meeting. Below are the Dept’s current proposed changes. You can still provide public comment regarding this proposal. Email your comments to DGF-Exotics-Rule@state.nm.us BARBARY SHEEP
ORYX
IBEX
SUBSEQUENT DISCUSSION OF THE BIGHORN SHEEP RULE The Dept. provided their subsequent presentation of the Bighorn Sheep Rule. The Dept. continues to propose that licenses be distributed in the draw through the current method of allocation which allows for resident and non-resident opportunity. The Commission previously extended to the public comment period to allow for more input regarding a request by the NM Wildlife Federation and Commissioner Salazar-Henry to eliminate non-resident draw opportunity. An overwhelming 70% of the public response generated over the past month was in favor of the Dept.’s current allocation process of lumping hunt codes and thus maintaining non-resident opportunity (406 in favor and 187 in opposition). However, despite the public’s continued insistence that they are in favor of allowing non-residents to draw bighorn sheep permits, Commissioner Salazar-Henry doubled down on her proposal to eliminate non-resident draw tags. She then attempted to persuade her fellow Commissioners of her proposal by capitalizing on the Chair and Vice Chair’s general lack of understanding regarding Dept. policy. She provided a lengthy and confusing explanation of how she felt non-resident hunters would still have opportunity even if the hunt codes are un-lumped. She attempted to paint the NM Bighorn Sheep enhancement tags and all 4 landowner tags as being non-resident. Even though all those permits are in-fact equal opportunity (meaning a resident hunter can purchase a permit as easily as a non-resident). She also attempted to say that both Rocky and Desert raffle permits are non-resident even though raffle tickets are just $20/ticket and can be purchased, and won, by anyone (and the raffle has been won by a NM resident several times). To be completely clear an un-lumping of the Bighorn Sheep hunt codes would eliminate all opportunity for a non-resident to obtain a NM sheep permit through the Big Game Draw. Commissioner Salazar-Henry nearly succeeded in bamboozling the Commission until Commissioner Archuleta finally had the good sense to ask for further clarification. Commissioner Salazar-Henry’s motion died on a 2/2 vote. Which means that the Dept.’s current allocation process continues to be the proposal on the table and will be voted on at their August meeting. Commissioner Salazar-Henry was noticeably unhappy that her motion failed, and she stated on record that she will be voting against the Bighorn Sheep Rule in August. And because the Commission requires all 4 commissioners vote unanimously to approve a Rule, that would mean there would not be a Bighorn Sheep Rule in 2023. To clarify, and this is extremely important to understand, if the Rule is not approved there would be NO sheep permits issued in 2023, resident or non-resident. This fight is not over yet. And NMCOG will continue to advocate for non-resident opportunity. If you are interested in watching the fireworks that took place last Friday, you can watch the meeting HERE. The conversation begins at 2:04:20 and is 1-hour 45mins in length. Other Dept. proposals regarding Bighorn are as follows:
FINAL PRONGHORN RULE HEARING The Dept. provided their final presentation regarding their proposed changes to the Pronghorn Rule. During the Commission discussion Commissioner Lopez made a motion to “make a small amendment”. The motion was amazingly technical and referenced only rule and hunt code numbers with zero explanation of what he was amending. Once again, I assume this was done to capitalize on the Chairwoman and Vice Chairwoman’s lack of understanding of Game & Fish regulation to confuse them into voting for something they don’t quite understand. Ironically Commissioner Lopez seemed to misunderstand his own motion which he said was made “to give hunters more opportunity to harvest antelope”. The motion however reduces hunter opportunity by more than half on public land and almost entirely on private land in GMUs 4, 50, & 52. View NMCOG’s comments regarding this change at 5:26:10. The Commission voted unanimously to approve Commissioner Lopez’s motion. Even though the proposal had been overwhelmingly opposed by the general hunting public. Additionally, the Dept. attorney, rather shockingly, stated that she felt the change was not substantive enough to warrant further public comment (even though the amendment guts tag number by over 50% and entirely changes the weapon type). But it’s too late now because the Rule has now been officially adopted by the Commission and we are stuck with Commissioner Lopez’s change for the next 4 years. This fiasco just further illustrated the Commission’s serious lack of understanding regarding Dept. of Game & Fish policy and how it’s applied to all aspects of the hunting/fishing industry. Other approved changes to the Pronghorn Rule are as follows:
NON-NAVIGABLE WATERS RULE REPEAL The Dept. opened the Non-navigable Water Rule so that they could officially repeal the rule, as was mandated by NM Supreme Court Order back in March. The process of officially repealing the rule will take place over several Commission meetings and will be open for public comment. You can email your comments to DGF-Non-NavigableRule@state.nm.us. NMCOG has no problem with the repeal of the Rule (that is what the NM Supreme Court mandated and there is no way around that). However, the NMDGF’s overly board interpretation to how the Supreme Court ruling relates to public access is where we have a major problem. The NMDGF printed in their 2022 Fishing Proclamation on page 1 “By means of this court order, all watercourses in the state, that can be legally accessed, are open for public recreational use.” The NMDGF has openly stated that this regulation means their law enforcement officers are being directed to NOT enforce trespass laws if an individual is literally standing in the water on private land. However, NMCOG finds this statement to be completely premature and out of line with the NM Supreme Court ruling which repealed the Rule but DID NOT repeal the statute which specifically outlaws walking and wading on private property to access water. NMCOG will continue to urge landowners to contact NMDGF law enforcement as well as local law enforcement anytime they find a trespasser on their private property. Whether that person is standing in a privately owned streambed or on dry land. You can watch NMCOG’s comments to the commission regarding this issue during the general public comment segment at 1:05:54 as well as during the discussion of the Rule at 4:47:08. FINAL JAVELINA RULE HEARING The Dept. provided their final presentation regarding their proposed changes to the Javelina Rule. The Commission voted unanimously to approve the Rule as presented by the Dept. Changes to the Rule are as follows:
Special Meeting - Possibly June 17, 2022 (Santa Fe, NM)
Next Official Commission Meeting – July 22, 2022 (Ruidoso, NM) COMMISSIONER CONTACT INFORMATION (You're encouraged to contact the Commissioners any time to voice your opinion) Sharon Salazar Hickey - Chairwoman District 4: Santa Fe, Taos, Colfax, Union, Mora, Harding, Quay, San Miguel, Guadalupe and Torrance counties Sharon.Hickey@state.nm.us OPEN District 5: Bernalillo County Roberta Salazar-Henry District 2: Catron, Socorro, Grant, Hidalgo, Luna, Sierra and Doña Ana counties R.Salazar-Henry@state.nm.us Deanna Archuleta At - Large Position deanna.archuleta@state.nm.us Tirzio Lopez Appointed - Agriculture Position Tirzio.Lopez@state.nm.us OPEN District 3: San Juan, Rio Arriba, McKinley, Sandoval, Cibola, & Valencia counties OPEN District 1: Curry, De Baca, Roosevelt, Chaves, Lincoln, Otero, Eddy and Lea counties
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April 20224/28/2022 The New Mexico State Game Commission hosted a meeting in Santa Fe on April 11th. Agenda items included the “subsequent discussion” for the Pronghorn, Javelina, Migratory Bird, and Bighorn Rules as well as the “initial discussion” for the Elk, Deer, Turkey, and Exotics Rule. Meaning, that public comment will be closing soon for the Rules in subsequent discussion and public comment has opened for the Rules in initial discussion. The Game Commission meetings that take place during 2022 are arguably the most important to the hunting industry. Policies approved for Rules opened in 2022 will apply to the next 4-year rule cycle. Please read the below recap carefully and voice your opinion by providing comment to the links provided in each segment…or forever hold your peace (at least for the next 4 years). The Dept. will be hosting the following public meetings regarding the Deer, Elk, and Exotics Rule:
SUBSEQUENT DISCUSSION BIGHORN SHEEP RULE The Dept. provided their subsequent presentation of proposed changes to the Bighorn Sheep Rule. You can read a copy of the full presentation HERE. This Rule is currently open for public comment. Please voice your opinion by sending an email to DGF-Bighorn-Rule@state.nm.us. The Dept. is proposing the following changes to the Rule:
Even after the NM Attorney General wrote a detailed letter regarding the legality of the NMDGF allocation process which was followed by a failed commission vote to extend the public comment period; the Commission announced yesterday that they will host a special meeting to take place on May 9th (in Albuquerque) to further discuss the matter and revote to extend the public comment period. This fiasco is completely out of line with the typical rulemaking process established by the NM legislature. An extension of the comment period for bighorn sheep is unnecessary. According to the NMDGF presentation provided to the Commission on April 11th, the Dept. received only a handful of comments related to the allocation process and the bulk were in favor (only one was opposed). The bighorn sheep permit allocation process is widely accepted by the vast majority of resident hunters. There is no disputing that nonresident hunters fund over 90% of the Bighorn Sheep conservation program. This issue is a molehill which the NMWF and BHA are trying desperately to turn into a mountain. If you outfit bighorn sheep hunters or if you are a resident bighorn sheep hunter and appreciate the enormous contributions of nonresidents to the conservation of all species, please send an email to the below addresses TODAY! Tell the Commission you are in favor of the Dept.'s proposed allocation method for bighorn sheep permits and that there is no need to extend the public comment period. DGF-Bighorn-Rule@state.nm.us Sharon.Hickey@state.nm.us R.Salazar-Henry@state.nm.us deanna.archuleta@state.nm.us Tirzio.Lopez@state.nm.us SUBSEQUENT DISCUSSION PRONGHORN RULE The Dept. provided their subsequent presentation of proposed changes to the Pronghorn Rule. You can read a copy of the full presentation HERE. This Rule is currently open for public comment. Please voice your opinion by sending an email to DGF-Pronghorn-Rule@state.nm.us. This exact proposal is what the Commission will approve in June UNLESS there is a substantial amount of public comment in opposition to any of the below bullet points. Some of you have already provided your public comment to NMCOG which we forwarded to NMDGF. However, our comments were counted as one single comment rather than multiple. It would be better if you all would be willing to resend your concerns directly to the comment portal linked above. The Dept. is proposing the following changes to the Rule:
SUBSEQUENT DISCUSSION JAVELINA RULE The Dept. provided their subsequent presentation of proposed changes to the Javelina Rule. You can read a copy of the full presentation HERE. This Rule is currently open for public comment. Please voice your opinion by sending an email to DGF-Javelina-Rule@state.nm.us. This exact proposal is what the Commission will approve in June UNLESS there is a substantial amount of public comment in opposition to any of the below bullet points. The Dept. is proposing the following changes to the Rule:
SUBSEQUENT DISCUSSION OF MIGRATORY BIRD RULE The Dept. provided their subsequent presentation of proposed changes to the Migratory Bird Rule. You can read a copy of the full presentation HERE. This Rule is currently open for public comment. Please voice your opinion by sending an email to DGF-waterfowl@state.nm.us. This exact proposal is what the Commission will approve in June UNLESS there is a substantial amount of public comment in opposition to any of the below bullet points. The Dept. is proposing the following changes to the Rule:
INITIAL DISCUSSION TURKEY RULE & GOULD’S TURKEY DESLISTING The Dept. provided their initial presentation of proposed changes to the Turkey Rule. You can read a copy of the full presentation HERE. This Rule is currently open for public comment. The Dept. is proposing the following changes to the Rule:
July 12, 2022 (hybrid) – Albuquerque Game & Fish Office, 7816 Alamo Rd. NW, 6:30 pm July 13, 2022 (hybrid) – Las Cruces Game & Fish Office, 2715 E Northrise Dr., 6:30 pm July 14, 2022 (in-person only) – Animas High School, #1 Panther Blvd., 6:00 pm INITIAL DISCUSSION ELK RULE The Dept. provided their initial presentation of proposed changes to the Elk Rule. NMCOG encourages everyone who hunts elk to WATCH the Dept. presentation. The presentation begins at minute 12:48 and is approximately 1 hour in length. Yes, the video is long, but it is extremely informative for any outfitter who earns a livelihood selling elk hunts. This Rule is currently open for public comment. Please voice your opinion by sending an email to DGF-Elk-Rule@state.nm.us. The Dept. is proposing the following changes to the Rule:
The Dept. provided their initial presentation of proposed changes to the Deer Rule. NMCOG encourages everyone who hunts deer to WATCH the Dept. presentation. The presentation begins at minute 1:29:50 and is approximately 10 minutes in length. This Rule is currently open for public comment. Please voice your opinion by sending an email to DGF-Deer-Rule@state.nm.us. The Dept. is proposing the following changes to the Rule:
INITIAL DISCUSSION EXOTICS RULE The Dept. provided their initial presentation of proposed changes to the Exotics Rule. NMCOG encourages everyone who hunts exotics to WATCH the Dept. presentation. The presentation begins at minute 2:00:38 and is approximately 30 minutes in length. This Rule is currently open for public comment. Please voice your opinion by sending an email to DGF-Exotics-Rule@state.nm.us. The Dept. is proposing the following changes to the Rule: BARBARY SHEEP
MUZZLELOADER DISCUSSION The Dept. also initiated a conversation on the problem with muzzleloaders. Muzzleloader success rates in the last five years are equal to rifle success rates. This presents a major problem as muzzleloader hunts were historically designed for primitive weapon hunting. Today muzzleloaders are accurate out to 800yards. The Dept. is considering the removal of scopes on muzzleloaders to generate a more primitive weapon hunting experience. This proposal is not yet official but will be further discussed over the next several months. Next Commission Meeting – June 3, 2022 (Eagle Nest, NM)
COMMISSIONER CONTACT INFORMATION (You're encouraged to contact the Commissioners any time to voice your opinion) Sharon Salazar Hickey - Chairwoman District 4: Santa Fe, Taos, Colfax, Union, Mora, Harding, Quay, San Miguel, Guadalupe and Torrance counties Sharon.Hickey@state.nm.us OPEN District 5: Bernalillo County Roberta Salazar-Henry District 2: Catron, Socorro, Grant, Hidalgo, Luna, Sierra and Doña Ana counties R.Salazar-Henry@state.nm.us Deanna Archuleta At - Large Position deanna.archuleta@state.nm.us Tirzio Lopez Appointed - Agriculture Position Tirzio.Lopez@state.nm.us OPEN District 3: San Juan, Rio Arriba, McKinley, Sandoval, Cibola, & Valencia counties OPEN District 1: Curry, De Baca, Roosevelt, Chaves, Lincoln, Otero, Eddy and Lea counties
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March 20223/8/2022 The New Mexico State Game Commission hosted their first meeting of 2022 in Socorro on Friday March 4th. The Commission is a bit behind schedule because they canceled their January meeting due to some internal drama that resulted in the Governor removing Commissioner Jeremy Vesbach of his position. The Governor has appointed former ExxonMobil lobbyist, Deanna Archuleta to fill the vacancy. Friday’s meeting was Commissioner Archuleta’s maiden voyage into the controversial world of wildlife & hunting/fishing policy. The meeting agenda was jammed packed with both discussion and action items. All the Big Game Rules will be opening during 2022 to allow the Dept. to review population objectives and amend harvest limits for all big game species (except predators). The approved changes will apply to the 2023-2026 hunting seasons. The rules that were opened at the March 4th meeting were Bighorn Sheep, Pronghorn, Javelina, and Migratory Bird. The rules that will open on April 11th are Elk, Deer, Aoudad, Oryx, Ibex, & Turkey. The predator rules (Bear & Lion) will not open until 2023. FYI –The “initial discussion” signals the opening of the Rule. The Dept. will then hold several public meetings to obtain public comment on their proposed changes. They will present an updated “subsequent discussion” to the Commission after public comment is obtained. The Dept. will then publish their proposed changes and the Commission will approve the changes during the “final hearing”. The overall process takes between 3-5 months depending on the level of changes and public participation in the Rule making process. INITIAL DISCUSSION PRONGHORN RULE The Dept. provided their initial presentation of proposed changes to the Pronghorn Rule. Over the past 4 years hunters have voiced some concerns regarding the dates of the current pronghorn hunts. Many in the southern part of the state feel the hunts are too early as it is still extremely hot in August. The Department is proposing moving the hunt dates later in the season to either Sept. and Oct or possibly at the end of August and Sept. More information will be published by the Dept. when the Rule opens for official public comment in the next few weeks. Initial proposed changes are as follows:
The Dept. provided their initial presentation of proposed changes to the Javelina Rule. Javelina are concentrated in the southwestern part of the state. The Department strives to balance javelina hunting opportunity with population sustainability. Javelina appear to be expanding their range and are becoming more common in other areas outside of the far southwestern part of the state. Initial proposed changes are as follows:
The Dept. provided their initial presentation of proposed changes to the Migratory Bird Rule. The Migratory Bird Rule is updated annually, and season selections and bag limits are determined in conjunction with the US Fish and Wildlife Service working through the Central and Pacific Flyway Councils. Seasons are not considered final until they have been published in the Federal Register. Initial proposed changes for the 2022–23 season are as follows:
INITIAL DISCUSSION BIGHORN SHEEP RULE The Dept. provided their initial presentation of proposed changes to the Bighorn Sheep Rule. Initial proposed changes are as follows:
Commissioner Salazar-Henry was successful at convincing the other Commissioners that the Attorney General should review the Dept.’s current bighorn sheep permit allocation process. The AG’s office stated that they will review the Statute and report back to the Commission with an unofficial response by June. APPROVAL OF THE CHANGES TO THE OPEN GATE PROGRAM The Open Gate program was created in 2006 to increase opportunity for small game hunting, fishing, and access to public lands. The Department accomplishes this by entering into agreements with private landowners for access on their property, or access through their property, to inaccessible public lands by paying them through a Commission approved pay schedule. The Dept. has proposed to expand the Open Gate program to big game as well as increase the fee schedule to make it more enticing to landowners. The new fee schedule (which will go into effect April 1, 2022) is provided below. Landowners or sportsmen who are interested in learning more about the Open Game program please click HERE. The Commission unanimously approved the Dept.’s recommended fee structure. CHAIR SELECTION AND 2022 MEETING SCHEDULE The Commission votes annually to elect a chairman and vice chairman. Commissioner Salazar Hickey was re-elected to serve a second term as the Chairwoman. Commissioner Bates was elected to serve as this year’s Vice Chairman. The 2022 Commission meeting schedule was approved. Dates and locations are listed below:
Next Commission Meeting – April 11, 2022 (Santa Fe, NM)
COMMISSIONER CONTACT INFORMATION (You're encouraged to contact the Commissioners any time to voice your opinion) Sharon Salazar Hickey - Chairwoman District 4: Santa Fe, Taos, Colfax, Union, Mora, Harding, Quay, San Miguel, Guadalupe and Torrance counties Sharon.Hickey@state.nm.us Jimmy Bates - Vice Chairman District 5: Bernalillo county Jimmy.Bates@state.nm.us Roberta Salazar-Henry District 2: Catron, Socorro, Grant, Hidalgo, Luna, Sierra and Doña Ana counties R.Salazar-Henry@state.nm.us Deanna Archuleta District 1: Curry, De Baca, Roosevelt, Chaves, Lincoln, Otero, Eddy and Lea counties deanna.archuleta@state.nm.us OPEN District 3: San Juan, Rio Arriba, McKinley, Sandoval, Cibola, & Valencia counties Tirzio Lopez Appointed - Agriculture Position Tirzio.Lopez@state.nm.us OPEN Appointed - Conservation Position
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November 202111/24/2021 It’s been a busy couple weeks, so we are a bit behind on publishing our Game Commission Re-cap. In all the craziness a quick reminder (to myself more than anything); there is always more to be grateful about than to be concerned with. A very Happy Thanksgiving to all our readers!! The NM State Game Commission hosted a meeting on November 15th at the NMDGF regional office in Albuquerque. The meeting agenda consisted of run-of-the-mill items but the hidden agenda to revise or possibly eliminate the EPLUS program was more obvious than ever. More details under the “Financial Report” segment. If you desire to watch the recording of the full meeting, you can do so HERE. GENERAL OVERVIEW OF THE GOVERNMENTAL CONDUCT ACT Assistant Attorney General Valerie Joe provide a brief reminder of Commissioner roles and responsibilities as it relates to the Governmental Conduct Act. She stated that Commissioners acting in their personal interests can feel free to attend community events and engage in public conversations regarding hunting/fishing related issues as long as they do not indicate that they are speaking on behalf of the entire Commission. She also mentioned that she would encourage the Commission to participate in the trainings offered through the State Ethics Commission. DIRECTOR’S REPORT Game and Fish Director Mike Sloane gave a lengthy update on the ongoing initiatives of the Dept.
Commissioner Salazar-Henry suggested that the Dept. request federal funding to finance hatchery improvements and dam maintenance through the newly signed infrastructure bill. Commissioner Vesbach made a motion (which passed) to require the Director come back to the Commission in January with a full report on the planned usage of potential RAWA funds. Several members of the public spoke in favor of the Dept. getting ahead of the game and positioning themselves at the front of the line for funding when Congress passes RAWA. ODDS AND ENDS The Commission approved the establishment of game bird shooting preserves in Torrance and Lincoln County. The Dept. provided an update on the Fiscal 2023 budget request, an overview of the Field Operations division and its initiatives, an update on the status of the Habitat Stamp Program, and the Commission approved Jeffrey Arterburn of Las Cruces to the Citizen’s Advisory Committee. Mr. Arterburn will serve as the Fish/Wildlife Habitat Restoration Representative. FINANCIAL REPORT Director Sloan provided an in-depth report on the Dept.’s financial position including how revenue is generated through license sales. The presentation included a number of slides that clearly illustrate that the bulk of license sale revenue is generated by non-resident hunters. Click HERE to view the slideshow. Following the slide which shows an increase in pronghorn resident licenses in 2019 (the year the Dept. eliminated A-PLUS); Commissioner Salazar-Henry exposed her not-so-secret desire to do away with EPLUS by asking the Director if the Dept. could expect to see a similar resident hunter increase if EPLUS were dissolved. Wildlife Chief Stewart Liley attempted to explain that the only reason resident pronghorn license sales increased is because the Dept. was able to issue more draw permits since there were populations of antelope that were going un-hunted on public land. He explained this would most likely NOT be the case with elk considering all elk populations are currently being hunted. The slides that show elk license sales vs elk license revenue make it clear that robbing private land opportunity from non-resident hunters to increase public land opportunity for resident hunters will dramatically reduce the NMDGF annual revenue (in addition to creating more hunting pressure on public lands, decreasing hunter satisfaction, and pushing wildlife further onto private land). In this scenario, it is unlikely the NMDGF would be willing to simply accept a reduction to their annual budget. The revenue loss would need to be made up in the form of a substantial increase to the cost of resident elk licenses. Ironically creating a situation where resident hunters of average means are priced further out of the game. However, and unsurprisingly, Jesse Duebel of the NM Wildlife Federation and Chuck Trip of BHA made public comment to encourage the Commission to open the EPLUS Rule claiming they are advocating the will of “many sportsmen”. NMCOG is skeptical about their definition of the word “many”. We continue to believe that the majority of resident sportsmen actually support EPLUS and fully understand the mutual benefits offered to landowners and hunters through the program. Side note: NMCOG's Save EPLUS Coalition hosted our first town hall meeting in Chama this past Monday. We had a great turnout of approx. 50 local landowners. We plan to continue hosting these events across the state to build support of the EPLUS program. Stay tuned for details on where we will host our next town hall. Next Commission Meeting – January 14, 2022 (Clovis, NM)
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 Jeremy Vesbach – Vice Chairman District 3: San Juan, McKinley, Cibola, Valencia, Sandoval, Los Alamos, and Rio Arriba counties Jeremy.Vesbach@state.nm.us Roberta Salazar Henry District 2: Catron, Socorro, Grant, Hidalgo, Luna, Sierra, and Doña Ana counties R.Salazar-Henry@state.nm.us OPEN District 1: Curry, De Baca, Roosevelt, Chaves, Lincoln, Otero, Eddy and Lea counties Jimmy Bates District 5: Bernalillo County Jimmy.Bates@state.nm.us Tirzio Lopez Appointed At-Large – Agricultural Position Tirzio.Lopez@state.nm.us OPEN Appointed At-Large – Conservation Position
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August 20218/16/2021 Last Thursday the NM State Game Commission held their much-anticipated meeting to determine the status of five Non-navigable Water applications, among other less interesting but equally important topics. I had originally predicted the meeting would be nothing more than another episode of “kick the can”. Boy was I wrong! NON-NAVIGABLE WATER APPLICATIONS For anyone who has been living under a rock these past few years; the Game Commission was recently mandated, by court order, to act on the applications of five NM landowners to certify the waterways on their private property as non-navigable under the Landowner Certification of Non-navigable Water Rule (19.31.22 NMAC). Simply put, applicants approved under the Rule are provided with signage to be placed along a privately owned streambed (outlined in the application) distinguishing that waterway as “non-navigable” which in turn provides the landowner with the means necessary to pursue criminal trespass against anyone found walking or wading in that streambed. The applications have been pending since the Commission placed a moratorium on the Rule back in 2019. A Federal Court ruled in March that the moratorium was unlawful and ordered the Commission to act on the applications by September 5th. Much to my surprise, the Commission voted to deny all 5 applications. Even though the Commission had previously approved other applicants with similar waterways, in similar areas, under the exact same set of circumstances (which is basically the definition of arbitrary and capricious). Commissioner Vesbach lead all 5 motions to deny using his personal views on the constitutionality of the Stream Access Law as justification for the denial. Commissioner Salazar-Henry seconded all motions. Neither of these votes were particularly surprising as Vesbach and Salazar-Henry have stood by their opinions on the issue since day one. What was surprising was that Commissioners Lopez and Bates also voted to deny the applications. These votes came as a complete shock as Commissioner Bates has previously proclaimed himself to be pro-private property rights and Commissioner Lopez was appointed by the Governor under the “Agricultural Position”. The Chairwoman, unsurprisingly, abstained from the formal vote. However, she prefaced her abstention by making the confusing statement that “all abstaining votes will count towards the majority”. So, in the end, the Commission denial of the applications was disappointingly unanimous. The Stream Access Law is currently waiting on the NM Supreme Court to determine its constitutionality. However, in the meantime, the Law is still very much in effect. The problem with the Commission voting to deny the applicants based on the Law rather than the Rule is twofold. First, the parameters set forth in the Rule are separate of the constitutionality question surrounding the Stream Access Law. The Commission was under a court order to follow the Rule and instead they denied the applications based solely on individual personal beliefs which are not substantiated by current law. Second, the Commission vote created a misperception in the minds of the public many of whom wrongly believe that because of this vote waterways on private land are now fully accessible to public recreation. This dangerous misperception has been perpetuated by media statements in the paper, from Senator Heinrich’s office, and by sportsman groups such as the NM Wildlife Federation and Backcountry Hunters and Anglers. To be absolutely, indisputably clear (because clarity has been frustratingly absent throughout this entire process) it is still ILLEGAL to walk or wade in a streambed with private property on both sides of the bank REGARDLESS of whether a landowner has a Non-navigable Water Certificate. The vote that was taken by the Commission this past Thursday did nothing to change this fact. The statute (commonly referred to as the Stream Access Law) which was signed in 2015 and codified 30+ years of NMDGF rule, clearly reads “no person engaged in hunting, fishing, trapping, camping, hiking, sightseeing, the operation of watercraft or any other recreational use shall walk or wade onto private property through non-navigable public water or access public water via private property unless the private property owner or lessee or person in control of private lands has expressly consented in writing” (Chapter 34 Section 17-4-6 NMSA 1978). The unfortunate side effect of Thursday’s Commission vote will be an unavoidable increase in trespass on private property. Sadly, many of these trespassers will be completely unaware of the illegality of their actions due to reckless and irresponsible media. NMCOG encourages landowners who find trespassers in and along their private waterways to immediately contact Operation Game Thief (1-800-432-4263) or call your local NMDGF Conservation Officer. APPROVAL OF THE MIGRATORY GAME BIRD RULE The Dept. provided their final presentation on the proposed changes to the annual update to the Migratory Game Bird Rule. The Department changes were based on public comment, the latest information from the United States Fish and Wildlife Service (USFWS), recent survey information, and NMDGF management goals. Season selections and bag limits are determined in conjunction with the USFWS working through the Central and Pacific Flyway Councils. The Commission approved the Rule, and the changes are as follows:
SUBSEQUENT DISCUSSION OF THE UPLAND GAME RULE The upland game rule is amended every four years. The current 4-year rule expires April 1, 2022. Proposed changes to the rule as submitted by the NMDGF are as follows:
The Dept. is currently taking public comment on their proposed changes. Please submit comment to DGF-Gamebird@state.nm.us. This rule will be approved by the Commission in October. SUBSEQUENT DISCUSSION OF THE FISHERIES RULE The fisheries rule is amended every four years. The current 4-year rule expires April 1, 2022. Proposed changes to the rule as submitted by the NMDGF are as follows:
The Dept. is currently taking public comment on their proposed changes. Please submit comment to DGF-FisheriesRule@state.nm.us. This rule will be approved by the Commission in October. INITIATION OF THE FURBEARERS RULE The Department took the required steps necessary to open the Furbearers Rule. Senate Bill 32 which was signed into law by the Governor after the 2021 Legislative Session will make it illegal as of April 1st, 2022, to recreationally trap on all NM public lands. The law contains several exemptions including an exemption for all members of a nationally recognized Native American Tribe. The NMDGF will be required to update their rule book to follow provisions of SB 32. The Department will post proposed changes to the Furbearer rule on the Department’s website. And the commission will approve the changes at a subsequent Commission meeting. LAGUNA DEL CAMPO TRANSFER In August of 2017, the Commission approved the Department to work with the Tierra Amarilla Land Grant on the transfer of the Laguna del Campo property. During the 2019 legislative session, Senate Joint Resolution 2 authorized the Commission to transfer the Laguna del Campo property to Tierra Amarilla Land Grant but did not mention transfer of the water rights associated with the lake. Since the Commission’s April meeting an agreement has been reached by the Land Grant and the NMDGF. The Commission approved to transfer 20.405 acres of land associated with Laguna del Campo to the TA Land Grant via quitclaim deed as well as to transfer the storage water right in the amount of 96.7 acre-feet while the NMDGF will retain the surface water diversion right. ODDS AND ENDS The Commission heard additional presentations from the Outdoor Recreation Division of the Economic Development Department and the Youth Conservation Corp. They approved the 2023 Dept. budget request. The Director provided an update on Dept. initiatives and thanked the Governor for proclaiming Sept. 25th as Hunting & Fishing Day. And the Commission recognized Colleen Payne of the Mule Deer foundation for facilitating the annual Governor’s Hunt Auction which generated a record number of funds ($194,000) for the NMDGF to benefit conservation! Next Commission Meeting – October 15, 2021 (Location TBD)
COMMISSIONER CONTACT INFORMATION (You're encouraged to contact the Commissioners any time to voice your opinion) Sharon Salazar Hickey - Chairwoman District 4: Santa Fe, Taos, Colfax, Union, Mora, Harding, Quay, San Miguel, Guadalupe and Torrance counties Sharon.Hickey@state.nm.us Jeremy Vesbach - Vice Chairman District 3: San Juan, McKinley, Cibola, Valencia, Sandoval, Los Alamos and Rio Arriba counties Jeremy.Vesbach@state.nm.us Roberta Salazar-Henry District 2: Catron, Socorro, Grant, Hidalgo, Luna, Sierra and Doña Ana counties R.Salazar-Henry@state.nm.us OPEN District 1: Curry, De Baca, Roosevelt, Chaves, Lincoln, Otero, Eddy and Lea counties Jimmy Bates District 5: Bernalillo county Jimmy.Bates@state.nm.us Tirzio Lopez Appointed - Agriculture Position Tirzio.Lopez@state.nm.us OPEN Appointed - Conservation Position |