August Commission Re-cap

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

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

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

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

NM’s 30x30 core principles include:

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

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

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

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

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

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

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

PROPOSED CHANGES TO DEER RULE

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

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

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

PROPOSED CHANGES TO ELK RULE 

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

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

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

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

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

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

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


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


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

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

OPEN
​District 5: Bernalillo County