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Game Commission Re-cap 11/30/2018

12/3/2018

 
The NM State Game Commission hosted what might have been their most actively participated in meeting of the year this past Friday in Roswell. The meeting resulted in a much higher than normal attendance by the general public. Much of the public comment centered around opposition to the proposals regarding trapping, extending the restrictions to aircrafts, and doing away with the 2-hook limit on the San Juan. The decisions made during this meeting will impact the outfitting industry. If you are an outfitter/guide please take the time to read through this re-cap!
 
2019 DRAW DEADLINE  
 
The Commission approved the 2019 Draw deadlines. The Dept. will begin accepting applications on January 16th, 2019. Deadlines for applications are as follows.
 
  • 2/13/19 – Bear and Turkey draw permits
  • 3/20/19 – Deer, Elk, Pronghorn, Oryx, Ibex, Aoudad, Bighorn, and Javalina draw permits
  • 8/21/19 – Pheasant and Sandhill Crane draw permits
 
TRAPPING
 
The Dept. updated the Commission regarding their proposal to amend the rule that governs trapping. The Dept. opened the trapping rule to appease a NM state senator who requested in 2017 that the Dept. facilitate meetings where both sides of the issue could come together to discuss potential middle ground. After over a year of stakeholder meetings the only middle ground to be found between the two sides was the implementation of mandatory trapper education. In addition to trapper education the Dept. has additionally proposed to create signage at trailheads, expand setback requirements from 25 to 50 yards off any road or “trail” (a definition which they propose to further refine). They are proposing to increase setbacks near recreations areas (campgrounds, picnic areas, etc…) from ¼ mile to ½ mile and are also proposing to give the Dept. Director and Commission Chairman the power to make trapping closures on public and Dept. lands across the state if necessary. To this point Chairman Kienzle requested that if any rule change is finalized that it only be for a one-year period so that any closure would have to be re-assessed by the Commission each year.
 
Public comment consisted of representatives from groups on both sides of the trapping issue. It was clear that the anti-trapping side will not be content until trapping is banned completely on public lands. It was also clear that the trappers see most of the Dept.’s proposals (aside from mandatory trappers Ed. – which both sides support) as unnecessarily restrictive. The anti-trapping side attempted to capitalize on their claims that domestic dogs are continually caught in traps while hiking in public land. However, the trappers were quick to point out that there are leash laws on public lands which are rarely followed. The NMWF tried to take an unbiased approach to their comments stating that they agree with the Dept. proposed increase on setbacks and potential closures (like the west side of the Sandia Mtns.) but that they are not opposed to trapping in general. 
 
This agenda item was for discussion purposes only and will be further discussed at another meeting.
 
MEXICAN WOLF 2019 TRANSLOCATION PLAN
 
Dept. Wildlife Chief Stewart Liley provided the Commission with an update on the first full year of progress of the USFWS updated Mexican Wolf recovery plan. Of the 8 wolf puppies who were cross-fostered (bred in captivity placed with in wild wolf den at 14 days old) in spring of 2018, 1 puppy was confirmed dead, 1 was confirmed still living, and the status of 6 was unknown. In 2019 the USFWS plans to cross-foster 12 puppies. They will continue to translocate or remove problem wolves, they will also separate sibling brother/sister pairs that they discover to be denning together, and they will continue to consider importing wolves for captive breeding purposes to the Ladder Ranch. Currently the USFWS does not release adult wolves into the wild.
 
During public comment a rancher from the Apache Creek area spoke very eloquently about the devastating problems that ranchers are seeing on the ground, their struggles with the USFWS to confirm wolf kills, and their issues receiving compensation for confirmed kills. In a response to this gentleman, Chairman Kienzle instructed the Dept. to do all that they can to work more closely with the USFWS to provide as much support to NM ranchers as possible – even to the extent of possibly hiring personnel to focus entirely on wolves.
 
The 2019 plan was approved unanimously by the Commission.

FINAL DISCUSSION OF POTENTIAL CHANGES TO THE DEER RULE
 
Wildlife Chief Stewart Liley presented to the Commission the Dept.’s final recommended changes to the Deer rule. These recommendations were approved by the commission unanimously and will take effect for the next 4-year rule cycle beginning in 2019. Please read the rule in it’s entirety HERE (includes season dates and tag numbers).
 
- Adjust some seasons for calendar dates
- Adjust draw license numbers based on biological data and management goals (see details below)
- Separate archery season into September and January (2 different seasons and draws) when a split
September and/or January season currently exists (see Table 1 at end of document)
- Create some new opportunities (see details below)
- Standardize most youth hunts to a 9-day hunt surrounding Thanksgiving week
 
Region Specific Proposed Changes
Northeast
- Allow Either Sex (ES) white-tailed deer hunting for all white-tailed deer hunts in the northeast
- GMU 55: create new September archery hunt of 10 licenses in Valle Vidal
- Create new archery hunt of 10 licenses in Colin Neblett
- Create January archery hunt of 10 licenses in GMU 41
- License increases based on biological data (5% overall)
o GMUs: 41, 42, 43, 45, 47, 48, 57, 58, 59
Southeast
- GMU 30: split 2 rifle hunts evenly (800/hunt; previously 1st rifle hunt was 640 and 2nd rifle hunt
was 960 licenses)
- GMU 31/33: Decrease youth licenses on Huey WMA from 2 hunts of 20 to 2 hunts of 10 licenses
each (the Department no longer has management authority over Brantley and Seven Rivers)
- Do not split GMUs 31 & 32
- License increases based on biological data (3% overall)
o GMUs: 28, 30, 31, 32, 36
Southwest
- GMU 19: create any-legal-weapon hunt of 5 licenses on White Sands Missile Range; move off range
muzzleloader hunt from October to first weekend in December
- GMU 23: Reduce licenses by 13%
- GMU 24: Reduce licenses by 10%
- GMU 23 (Burros): Reduce licenses by 13%, decreasing from 2 regular any-legal-weapon hunts to
1, but lengthening the season to 9 days (35 licenses for mule deer and 40 licenses for white-tailed
deer [mule deer and white-tailed deer hunters will hunt at separate times]). Also, create a new
white-tailed deer hunt of 20 archery licenses in September.
- Allow Burros Archery hunters to hunt Silver City Management Area
- Move January FAWTD archery hunt from Jan. 1-15 to Jan. 16-31
o GMUs 23 (Burros & excluding Burros area), 24, 27
- Other license decreases based on biological data (6-8%)
o GMUs: 26, 27
Northwest
- GMU 4: Create limited public and private hunt in late November (10 licenses each); Include
Sargent in draw for WMAs; Create September archery hunt for WMAs
- GMU 5A: Create late September muzzleloader hunt (public licenses = 10; private licenses = 50)
- GMU 5B: Create September archery hunt (10 licenses) and late September muzzleloader hunt (10
licenses)
- GMU 14: Create January archery hunt (25 licenses)
- License increases based on biological data (5% overall)
o GMUs: 2B, 2C, 5A, 5B, 6A/C, 7, 8, 14
- License decreases based on biological data (4-7%)
o GMUs 10, 12
 
FINAL DISCUSSION OF POTENTIAL CHANGES TO THE ELK RULE
 
Wildlife Chief Stewart Liley presented to the Commission the Dept.’s final recommended changes to the Elk rule. These recommendations were approved by the commission unanimously and will take effect for the next 4-year rule cycle beginning in 2019. Please read the rule in its entirety HERE (includes season dates and tag numbers).
 
- Adjust seasons for calendar date shifts.
- Youth Encouragement hunts limited to resident youth who put in for the draw but were unsuccessful. If hunts are undersubscribed after 14 days, allow license to be sold to resident seniors (65 years and older) who put in for the draw and were unsuccessful.
- Move Antler Point Restriction (APR) hunts into the big game draw (GMUs 12, 34, 37)
- Adjustment to Core Occupied Elk Range (COER) boundaries in the primary elk management
zone (see details below and see EPLUS proposal for additional details).
o COER/primary elk management zone: the portion of land designated by the Department
as containing the majority of routine elk use, this is the area on which elk management
goals and harvest objectives are based.
- Adjust licenses to the current public-private split where COER boundary adjustments occur and
in situations where land ownership has changed.
 
Region Specific Proposed Changes
Northeast
- GMU 42/47/59: Combine units to create new ES hunts; 1 any-legal-weapon hunt Oct.1-5 of 5
licenses and 2 new archery hunts in September of 10 licenses each.
- GMU 48: Move Dec. MB hunt to Oct.
- Separate youth only (YO) and adult hunts on Valle Vidal.
- Combine Colin Neblett north and south hunt zones.
- GMU 56: Create new any-legal-weapon MB (Oct 1-5) and antlerless hunts of 5 licenses each.
- GMU 57/58: Create new any-legal-weapon MB Oct. 1-5 hunt of 5 licenses.
- GMUs 46, 54, 55A: Establish Special Management Zones (see EPLUS rule change presentation).
Southeast
- GMU 30: Create Oct.1-5 hunt of 10 ES licenses (any-legal-weapon).
- GMU 34: Increase female harvest.
o Increase draw A licenses to 3 hunts of 350 licenses and maintain youth A licenses at 120.
o Change MB hunts to ES hunts.
o Expand COER boundaries east and west.
o Change late season archery APR hunts in 34 to APR/A hunt and put in public draw.
- GMU 36: Increase MB and ES licenses by 15%.
- GMU 37: Move 10 MB licenses to new Oct. 1-5 hunt (any-legal-weapon). Do not create COER
boundary.
- GMU 38: Create Oct. 1-5 hunt of 10 ES licenses (any-legal-weapon).
Southwest
- GMU 13: Adjust COER boundary to the northwest (include the Narrows area).
- GMU 19: Create a new any-legal-weapon draw elk hunt of 3 ES licenses.
- GMU 21A & B: Create late season MB archery hunt of 15 licenses in each sub-unit.
o Extend 21B COER boundary south.
- GMU 23: Create late season MB archery hunt of 15 licenses.
Northwest
- GMU 2: Remove quality management designation and
- GMU 4: Change bag limit on Wildlife Management Areas and private land from MB à MB/A,
create new antlerless hunt of 15 licenses (any-legal-weapon) on Rio Chama WMA, include Rio Chama as part of the Humphrees archery hunt.
- GMU 9: Eliminate all cow hunts and reduce MB & ES hunts by 25%.
o Adjust COER boundary to the east to include elk winter range.
- GMU 12: Create COER boundary to establish the “Fence Lake herd unit” with a “quality hunt
management” designation.
o This moves GMU 12 into the Departments primary elk management zone resulting in the GMU being subject to the public/private split and private licenses being allocated through EPLUS.
- GMU 14: Create Oct. 1-5 hunt of 10 ES licenses (any-legal-weapon).
- GMU 6B: Eliminate mobility impaired hunts, increase youth hunts from 35 to 60, and change
MB bag limit to ES and increase ES bow hunts by 5 licenses each.
 
FINAL DISCUSSION OF POTENTIAL CHANGES TO THE E-PLUS RULE
 
The Dept. presented their final changes to E-plus. The Dept. is proposing to determine a definition for “meaningful benefit” and create a scoring criterion for properties to determine their level of “meaningful benefit”. Properties will be required to meet a minimum level of “meaningful benefit” to qualify for E-plus. This will help weed out a lot of properties that are currently enrolled in the Small Contributing Ranch program that are not truly providing benefit to the species or habitat. Under the new system SCR ranches will be issued tags based on their benefit to the species under the following categories:
  • Forage (will take into consideration any cattle grazing in addition to elk)
  • Water
  • Cover
  • Irrigated Agricultural
  • Any other special contribution
 
Ranches that are contributing more to the habitat will have a better opportunity to receive tags. Also, any change or re-deeding of properties would result in an immediate re-evaluation of the property. This will hopefully dissuade landowners from attempting to play the system. Additionally, unconverted bonus allocations within the large landowners will be passed along to the ranches in the SCR program.
 
The Dept. has also determined that the COER terminology is confusing to most people. They are proposing to do away with the term inside and outside the COER and rather use elk management zones. They are also proposing going over the counter in several areas that are currently designated as “outside the COER”. These over the counter private land tags will be transferable with written permission. All tags in this segment will be ES. There will be consistent season dates and weapon types across this segment. Exceptions will exist on a case by case basis.
 
Proposed improvements:
· Develop Commission approved Guidelines for program administration
· Define “meaningful benefit” based on biological criteria
· Use habitat-based evaluation to screen all properties currently in EPLUS
· Re-evaluate any properties with acreage changes
· Remove properties that don’t provide meaningful benefit
· Route Bonus and Unconverted authorizations through the SCRs first
· Eliminate SCR draw history system
· Develop a weighted draw for SCR properties
· Make outside COER private land tags available over-the-counter
· Added Antlerless as a tag option for outside COER (Secondary Mgt. Zone)
· Added proposed hunt dates for outside COER (Secondary Mgt. Zone)
· Allowed for a specific ranch code to be required before a hunter could buy an elk license Over-The-Counter.
 
The Commission voted unanimously to approve the changes to the E-plus program. You can read the rule in its entirety HERE.
 
FINAL DISCUSSION ON POTENTIAL CHANGES TO MANNER AND METHOD RULE
 
The Dept. presented their final recommended changes to the Manner and Method rule.
 
There was a substantial amount of public comment regarding the Dept. recommendation to extend the aircraft restrictions from 48 hours prior to a hunt to no flying for hunting purposes at all from August-January. The Commission received approximately 800 emails from general aviation pilots who were extremely opposed to the rule change stating that it would potentially make criminals out of any recreational pilots (hunter or non-hunter) who choose to fly during hunting season. The Commission ultimately agreed with the pilots and voted to remove this item from their approved changes.
 
There was also a number of angling outfitters and guides in attendance at the meeting who provided public comment in opposition to the Dept.’s recommendation to do away with the 2-hook limit on the San Juan river stating that the fishery has a great deal of angling pressure and allowing a person to fish with as many flies as one chooses will not be good for this river. Although NMCOG did not provide oral comment during the meeting we did provide written comment in opposition to this rule change. But it was really Trout Unlimited and their members that convinced the Commission to vote to remove this item from their approved changes.
 
The way the Commission ultimately chose to vote on the Manner and Method Rule (while favorable to the outfitting industry) went completely against our understanding of the NM law that governs a state agency’s ability to promulgate rule. And thus, will change how NMCOG instructs the industry to provide public comment regarding any proposed rule change from here on out. It was our understanding that any substantive change made to a rule must be posted to the public register for 30 days without being changed, which is true, but apparently a change is only considered “substantive” if it is new. Therefore, proposed rule changes can revert back to existing language by a Commission vote and without being posted to the public register.
 
The below recommendations were approved by the commission and will take effect April 1st 2019.
 
Potential Rule Changes
  • Sporting arms – Remove caliber restrictions from elk, bighorn and oryx. Make any centerfire .22 caliber or larger legal for all big game. Allow any sporting arm for cougar and javelina.
  • Arrows/Bolts – allow small game hunters to use more appropriate points for their game. Remove the steel requirement from broadheads.
  • Bait – allow the use of scents except for bear hunting.
  • Barbless lures or fly – Allow the use of soft plastic as an “artificial” component in making lures and flies for fishing in special trout waters.
  • Restricted muzzleloaders – Allow any full bore diameter bullet or patched round ball. Allow any black powder or equivalent propellant regardless of whether it is loose or pelleted.
  • Snagging – Changed to prohibit the action of snagging vs. the accidental hooking of a fish anywhere other than the mouth.
  • Spear fishing – Allow spear fishing from above the surface of the water on waters where it is allowed (lakes and reservoirs).
  • Game taken by another – Allow for the temporary transfer of game parts for the purpose of transportation and/or processing.
  • Sale of parts – Allow the sale of additional legally harvested parts (primarily rendered bear fat and furbearer parts).
  • Shed antlers – All shed antlers collected in violation of criminal trespass, a closure or while driving off road on public land shall be seized.
  • Possession of wild turkey – Already prohibited under retention of live protected species.
  • Captive wildlife permits – Imported wildlife which is listed on the directors “species importation list” as group 2 (wild species generally ok to import with permit), 3 (restricted or invasive species, allowed but more restrictions) or 4 (dangerous or highly invasive, generally not allowed in) must have proof of legal importation regardless of who now owns it.
  • Shooting from the road – Allow hunters to shoot from just off of the road surface when no right of way fence exists. If a right of way fence exists the hunter must get beyond that fence before shooting.
  • Harassing wildlife – Make it illegal to harass protected species except while legally hunting or in depredation situations.
  • Use of aircraft – No Change
  • Driving off road & closed road – Allow driving off-road on private land with written permission.
  • Mobility Impaired – Clarification of language. In the current rule a “handicapped” license is used when it is actually a mobility impaired license. Also requires the MI hunter to designate who their assistant will be for the hunt if they have one.
  • Proof of sex and/or bag limit – Allow hunters to keep either the head or the external genetalia attached to most female animals they harvest as proof of sex. Would also require javelina hunters to take the head of their javelina from the field as proof of harvest.
  • E-Tagging – Hunters will have to immediately access department’s e-tagging app after killing their animal. App will provide an e-tag number, CIN and date of kill. Hunter will have to write all of this info on durable material (flagging or tape) with permanent ink and attach this durable material to the carcass and antlers/horns.
  • Physical tag - Require javelina hunters to tag the head of their kill. No other changes.
  • Sale of licenses – Prohibit the sale of draw or over the counter licenses.
  • Dogs – Allow hunters to use up to 2 leashed dogs to help blood trail wounded game. Eliminate the requirement that they be registered with the department.
  • Use of bait – An area must be free of bait for at least 10 days prior to hunting. Prohibit bait stations as starting points for releasing bear or cougar dogs on a track.
  • Hunting captive big game – Prohibit hunting within game proof fences except when licensed as a Class A park.
  • Contiguous deeded land – Allow a landowner who wants to hunt their entire deeded property (as long as it is all contiguous) for most big game to do so despite the fact that their property extends into adjacent GMU’s where the season dates, bag limit or sporting arm are different. Landowner must show proof of ownership and request this permission annually from the local department office. Unit wide, ranch wide or unitized properties are not eligible.
  • Collars on game animals – Prohibit anyone from putting a collar or electronic tracking device on any game animal.
  • Use of traps or snares on upland game or migratory birds – Prohibit the capture of upland game (squirrels, grouse, quail etc) and migratory birds (ducks, geese etc).
  • Trotlines – Allow anglers to mark their trotlines using only their CIN.
  • Spear and Bow fishing – Prohibit the lethal take of any fish species which has a length requirement since undersize fish cannot be released unharmed.
  • Bullfrogs – Prohibit the possession of and use of bullfrogs while fishing.
  • Baitfish – Allow commercially packaged and processed dead fish to be used as bait in any regular water in the state. Clarified what is allowed.
  • Limit on angling hooks – No Change
  • Possession of live fish – Prohibit the moving of live fish from one water to another.
  • Chumming – Allow chumming in all regular waters statewide. Still illegal in a special trout water.
  • Closed areas – Remove this section. Contradicts what is open.
  • Boats and other floating devices – Simplified, standardized and consolidated.
  • Crossbows – Remove this section. This was repetitive. Crossbows are legal for all muzzleloader and rifle hunts and are legal during bow hunts by an MI card holder.
  • Penalty Assessments – Removed those listed for violations which are proposed to no longer be illegal.
  • Seizure – Relocated this paragraph to a single location at the end of the rule.
  • Special Accommodations – Require hunters who have a director approved accommodation to carry a copy of this in the field.
 
FINAL CHANGES TO THE REVOCATIONS RULE
 
The Dept. provided their final proposed changes to the revocations rule. Most of the changes will help clean up the language and simplify the rule. The Dept. has not received any public comments regarding the proposal.
 
The changes were approved unanimously by the Commission and the rule will take effect January 1st, 2019.
 
Proposed Rule Changes
  • Objective – Remove repetitious language. Add language for failure to appear in court.
  • Definitions – Add Certificate of Compliance, HSD (human services department), Notice of Intent, and Privileges. Amend Respondent, Revocation, and Suspension.
  • Criminal Revocation Categories and Points – Remove repetitious language. Add 20 point violation (apply for military discount when not eligible). Move “hunt/fish/trap on private land without written permission” from 10 point violation to 17 point violation. Add “turkey” to “exceed bag limit”.
  • Administrative Revocation Categories and Points – Remove repetitious language. Add 20 point violation (insufficient funds/stop payment).
  • Timeframe – Remove repetitious language. Add language to allow commission to set a timeframe for violations not listed.
  • Revocation and Suspension Procedures – Add Notice of Intent. Add language regarding exceptions to those categories the commission votes on. Clarify language.
  • No Hearing Requested – Clarify language. Remove repetitious language.
  • Rights of a person Requesting a Hearing – Lengthen timeframe to be consistent with other timeframes.
  • Rules of Evidence – Remove “magistrate” and add “court of competent jurisdiction” because adjudications can come from different courts.
  • Final Decision of the Commission – Lengthen timeframe to be consistent with other timeframes.
  • Judicial Review – Simplified language.
  • Wildlife Violator Compact Suspension and Revocation – Add “Notice Procedures” and “Hearing Procedures” as they were not previously in this sub-section.
  • Suspension – Add language for “Failure to Appear in court”.
Parental Responsibility Act – Simplify language. Add Notice of Intent. Remove most portions of “Hearing Procedures” as they are the same as under “Revocation and Suspension Procedures” in 19.31.2.11.
  • Failure to Appear and Failure to Pay Penalty Assessment or Civil Damage – Simplify language. Add “Failure to Appear” language. Remove most portions of “Hearing Procedures” as they are the same as under “Revocation and Suspension Procedures” in 19.31.2.11.
 
THE FINAL WORD
 
The Commission ended the day by basically saying good-bye to all NMDGF staff and the handful of organization representatives that regularly attend Commission meetings. Each Commissioner expressed their gratitude for the opportunity to serve NM sportsmen. It is highly probably that when Governor Lujan-Grisham takes office on January 1st most, if not all, of the current members of the NM State Game Commission will be replaced.  
 
Next Commission Meeting January 10, 2019 – Santa Fe, NM
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Special Game Commission Re-Cap

11/9/2018

 
November 8th 2018
Albuquerque, NM

The NM State Game Commission hosted a special meeting to approve 5 landowner applications to certify non-navigable waters. In January 2018 the Commission adopted a new rule in response to a law signed by the Governor in 2015 which prevents individuals from walking or wading up a streambed into or through private property (NMCOG lobbied in support of this law).
 
Because the citizens of NM own the actual water of NM, the new law required the NMDGF Commission to adopt rules regarding how waters in NM would be classified as navigable (meaning one may float into or through waters surrounded by private property without stepping onto the streambed) or non-navigable (meaning that water surrounded by private land cannot be accessed without stepping into the streambed and thus trespassing onto private property.) For a landowner to be fully protected from trespass under this new law they must fill out an application with the NMDGF to certify that the streams located within their private property where considered non-navigable at statehood. They must provide the property deed, evidence that the water is non-navigable, and post the application to a local newspaper for 3 weeks. For a complete copy of the application click HERE.
 
There were a number of people in attendance at the Commission meeting assumedly there to oppose the applications however, the new regulation does not allow for verbal public comment and is written more in line with federal regulation. Meaning that all public comments need to be submitted in writing during a specified “comment period” in order for the individual or organization to have “standing”. The official comment period closes 14 days prior to the Commission vote. For more information on the proper way to provide public comment regarding non-navigable water certifications please read the entire rule HERE.
 
Landowner Certification of Non-navigable Waters
 
Application #1 (Chama Troutstalkers, LLC) – Private land where the Chama River and the Rio Chamita meet and traverse through private property in Rio Arriba Country. The application provided the required proof that the waters were considered non-navigable at statehood by means of a report of the Governor of NM to the Secretary of the Interior in 1905. The Commission voted unanimously to certify these waters as non-navigable.
 
Application #2 (Hersh Residence Trust) – Private land where the Pecos River traverse through private property in San Miguel Country. The application provided the required proof that the waters were considered non-navigable at statehood by means of a report of the Governor of NM to the Secretary of the Interior in 1905. The Commission voted unanimously to certify these waters as non-navigable. 

Application #3-5 (Z&T Cattle Company) – Separate sections of private land where the Alamosa River traverses through private property in Socorro Country, where the Mimbres River traverses through private property in Grant County, and where the Penasco River traverses through private property in Chaves County. The applications provided the required proof that the waters were considered non-navigable at statehood by means of a report of the Governor of NM to the Secretary of the Interior in 1905. The Commission voted unanimously to certify these waters as non-navigable.
 
These applications have been approved by the Commission and are designated as a non-navigable public water. Subsequent to the meeting the NMDGF will issue a written final agency action and decision indicating the segment identified in the application or any portion thereof as being “certified non-navigable public water”. A certificate will be issued by the NMDGF Director immediately following the final agency action. The certificate will include sufficient information for recording purposes with the various county clerks of the state of New Mexico and will run with the segment, the land, and the real property.
 
Next Regular Commission Meeting November 30th, 2018 – Roswell, NM
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October Game Commission Re-Cap

10/5/2018

 
The NM State Game Commission hosted their most recent meeting at their new Albuquerque office. The meeting began with the grand opening of the new office complex which is located just south of Paseo Del Norte and west of the river in a very nice location along the Rio Grande valley. The meeting was very short and focused mostly on the changes to the Manner and Method Rule. There was also an update on the Dept.’s legislatively directed stakeholder meetings regarding the Trapping Rule.

SUBSEQUENT DISCUSSION ON POTENTIAL CHANGES TO MANNER AND METHOD RULE
 
The Dept. provided an update on their proposed changes to the Manner and Method Rule. The Rule has been open for public comment for the past month and according to the Dept. the public is supportive of most of the items being proposed. The Dept. received some public comments opposing the caliber restrictions as well as their proposal to allow shooting from the road.
 
The Dept. received the most opposition to their proposal to extend the restrictions as it relates to “use of aircraft”. It should be noted that the opposition to the rule change did not come from the hunting industry but from the aviation industry. A high number of pilots attended the Commission meeting to voice their opposition to the wording in the rule indicating that the language was so vague it would create unintended consequences for recreational aviation.
  
The Dept.’s final proposed changes to the rule will be posted to the public register next week and will likely be approved by the Commission at their November Commission meeting in Roswell. If you wish to voice your opinion on any of the following proposed changes, please email DGF-fieldopscomments@state.nm.us before Oct. 18th.
 
Proposed Rule Changes
  • Sporting arms – Remove caliber restrictions from elk, bighorn and oryx. Make any centerfire .22 caliber or larger legal for all big game. Allow any sporting arm for cougar and javelina.
  • Arrows/Bolts – allow small game hunters to use more appropriate points for their game. Remove the steel requirement from broad-heads.
  • Bait – allow the use of scents except for bear hunting.
  • Barbless lures or fly – Allow the use of soft plastic as an “artificial” component in making lures and flies for fishing in special trout waters.
  • Restricted muzzleloaders – Allow any full-bore diameter bullet or patched round ball. Allow any black powder or equivalent propellant regardless of whether it is loose or pelleted.
  • Snagging – Changed to prohibit the action of snagging vs. the accidental hooking of a fish anywhere other than the mouth.
  • Spear fishing – Allow spear fishing from above the surface of the water on waters where it is allowed (lakes and reservoirs).
  • Game taken by another – Allow for the temporary transfer of game parts for the purpose of transportation and/or processing.
  • Sale of parts – Allow the sale of additional legally harvested parts (primarily rendered bear fat and furbearer parts).
  • Shed antlers – All shed antlers collected in violation of criminal trespass, a closure or while driving off road on public land shall be seized.
  • Possession of wild turkey – Already prohibited under retention of live protected species.
  • Captive wildlife permits – Imported wildlife which is listed on the directors “species importation list” as group 2 (wild species generally ok to import with permit), 3 (restricted or invasive species, allowed but more restrictions) or 4 (dangerous or highly invasive, generally not allowed in) must have proof of legal importation regardless of who now owns it.
  • Shooting from the road – Allow hunters to shoot from just off of the road surface when no right of way fence exists. If a right of way fence exists they can rest at least half of the firearm on that fence if it is a two or less lane road before shooting. If a right of way fence exists and the road has more than two lanes of traffic they must get beyond that fence before shooting.
  • Harassing wildlife – Make it illegal to harass protected species except while legally hunting or in depredation situations.
  • Use of aircraft – Make it illegal to scout or locate game from the air Aug 1 – Jan 31 annually. This will not impact any other activity, such as recreational flying, flying for agricultural purposes or flying for real estate purposes.
  • Driving off road & closed road – Allow driving off-road on private land with written permission.
  • Mobility Impaired – Clarification of language. In the current rule a “handicapped” license is used when it is actually a mobility impaired license. Also requires the MI hunter to designate who their assistant will be for the hunt if they have one.
  • Proof of sex and/or bag limit – Allow hunters to keep either the head or the external genetalia attached to most female animals they harvest as proof of sex. Would also require javelina hunters to take the head of their javelina from the field as proof of harvest.
  • E-Tagging – Hunters will have to immediately access department’s e-tagging app after killing their animal. App will provide an e-tag number, CIN and date of kill. Hunter will have to write all of this info on durable material (flagging or tape) with permanent ink and attach this durable material to the carcass and antlers/horns.
  • Physical tag - Require javelina hunters to tag the head of their kill. No other changes.
  • Sale of licenses – Prohibit the sale of draw or over the counter licenses.
  • Dogs – Allow hunters to use up to 2 leashed dogs to help blood trail wounded game. Eliminate the requirement that they be registered with the department.
  • Use of bait – An area must be free of bait for at least 10 days prior to hunting. Prohibit bait stations as starting points for releasing bear or cougar dogs on a track.
  • Hunting captive big game – Prohibit hunting within game proof fences except when licensed as a Class A park.
  • Contiguous deeded land – Allow a landowner who wants to hunt their entire deeded property (as long as it is all contiguous) for most big game to do so despite the fact that their property extends into adjacent GMU’s where the season dates, bag limit or sporting arm are different. Landowner must show proof of ownership and request this permission annually from the local department office. Unit wide, ranch wide or unitized properties are not eligible.
  • Collars on game animals – Prohibit anyone from putting a collar or electronic tracking device on any game animal.
  • Use of traps or snares on upland game or migratory birds – Prohibit the capture of upland game (squirrels, grouse, quail etc) and migratory birds (ducks, geese etc).
  • Trotlines – Allow anglers to mark their trotlines using only their CIN.
  • Spear and Bow fishing – Prohibit the lethal take of any fish species which has a length requirement since undersize fish cannot be released unharmed.
  • Bullfrogs – Prohibit the possession of and use of bullfrogs while fishing.
  • Baitfish – Allow commercially packaged and processed dead fish to be used as bait in any regular water in the state. Clarified what is allowed.
  • Limit on angling hooks – Remove this law.
  • Possession of live fish – Prohibit the moving of live fish from one water to another.
  • Chumming – Allow chumming in all regular waters statewide. Still illegal in a special trout water.
  • Closed areas – Remove this section. Contradicts what is open.
  • Boats and other floating devices – Simplified, standardized and consolidated.
  • Crossbows – Remove this section. This was repetitive. Crossbows are legal for all muzzleloader and rifle hunts and are legal during bow hunts by an MI card holder.
  • Penalty Assessments – Removed those listed for violations which are proposed to no longer be illegal.
  • Seizure – Relocated this paragraph to a single location at the end of the rule.
  • Special Accommodations – Require hunters who have a director approved accommodation to carry a copy of this in the field.
 
SUBSEQUENT CHANGES TO THE REVOCATIONS RULE 
The Dept. gave an update on their proposed changes to the revocations rule. Most of the changes will help clean up the language and simplify the rule. The Dept. has not received any public comments regarding the proposal.
 
The Dept.’s final proposed changes to the rule will be posted to the public register next week and will likely be approved by the Commission at their November Commission meeting in Roswell. If you wish to voice your opinion on any of the following proposed changes, please email DGF-fieldopscomments@state.nm.us before Oct. 18th.
 
Proposed Rule Changes
  • Objective – Remove repetitious language. Add language for failure to appear in court.
  • Definitions – Add Certificate of Compliance, HSD (human services department), Notice of Intent, and Privileges. Amend Respondent, Revocation, and Suspension.
  • Criminal Revocation Categories and Points – Remove repetitious language. Add 20 point violation (apply for military discount when not eligible). Move “hunt/fish/trap on private land without written permission” from 10 point violation to 17 point violation. Add “turkey” to “exceed bag limit”.
  • Administrative Revocation Categories and Points – Remove repetitious language. Add 20 point violation (insufficient funds/stop payment).
  • Timeframe – Remove repetitious language. Add language to allow commission to set a timeframe for violations not listed.
  • Revocation and Suspension Procedures – Add Notice of Intent. Add language regarding exceptions to those categories the commission votes on. Clarify language.
  • No Hearing Requested – Clarify language. Remove repetitious language.
  • Rights of a person Requesting a Hearing – Lengthen timeframe to be consistent with other timeframes.
  • Rules of Evidence – Remove “magistrate” and add “court of competent jurisdiction” because adjudications can come from different courts.
  • Final Decision of the Commission – Lengthen timeframe to be consistent with other timeframes.
  • Judicial Review – Simplified language.
  • Wildlife Violator Compact Suspension and Revocation – Add “Notice Procedures” and “Hearing Procedures” as they were not previously in this sub-section.
  • Suspension – Add language for “Failure to Appear in court”.
  • Parental Responsibility Act – Simplify language. Add Notice of Intent. Remove most portions of “Hearing Procedures” as they are the same as under “Revocation and Suspension Procedures” in 19.31.2.11.
  • Failure to Appear and Failure to Pay Penalty Assessment or Civil Damage – Simplify language. Add “Failure to Appear” language. Remove most portions of “Hearing Procedures” as they are the same as under “Revocation and Suspension Procedures” in 19.31.2.11.
 
DISCUSSION OF POTENTIAL RULE CHANGES TO TRAPPING 
The Dept. provided a very short presentation regarding the results of an ongoing initiative to bring together “stakeholder groups” to discuss areas of agreement regarding trapping in NM. The stakeholder meetings were a result of a legislative request made back in 2017 by Senator Pete Campos to bring organizations from both sides of the issue together to discuss areas of middle ground. Apparently, the only area of middle ground that was discovered during the stakeholder meetings was to establish mandatory trapper education.
 
Unsurprisingly this agenda item turned out several activists who used the public comment segment of the meeting to express their anti-trapping sentiment. NMCOG was not one of the organizations originally included in the stake holder meetings and thus is unaware of the discussions that have taken place between the groups over the past year. The Commission provided assurance that anything that was discussed in the stakeholder meetings has not yet led to any official request for rule changes.
 
ODDS AND ENDS
 
During the meeting the Commission also approved the Dept.’s depredation and nuisance abatement report, the revocation of licenses for individuals who had an excess of 20 violation points, and the Biennial Review of the State Listed and Endangered Species. The Dept. did not recommend any changes to their existing list of threatened and endangered species nor did they receive any public comments regarding the document.
 
Special Commission Meeting November 8th, 2018 – Albuquerque, NM
Regular Commission Meeting November 30th, 2018 – Roswell, NM
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Game Commission Re-cap 8/23/2018

8/27/2018

 
Game Commission Re-cap
August 23, 2018
Gallup, NM

The NM State Game Commission hosted their most recent meeting in Gallup. This was the first meeting for fisheries biologist Mike Sloan in his new position as the Director of NMDGF. The agenda was long and covered many highly important topics. There was also a high turnout of landowners, outfitters, and sportsman in attendance to provide public comment on the elk rule and E-plus changes.
 
REVOCATIONS 
The Dept. presented the Commission with information on individuals who have accrued 20 or more game violation points within a 3-year period. There was one guide on the list who was denied the renewal of his license based on a history of violation. The guide, Hayden Pierce, is not and has never been a member of NMCOG.
 
A number of individuals were revoked due to accruing 20 or more violation points in a 3yr period. All license privileges were revoked for the standard 3-year period.

SUBSE
QUENT DISCUSSION OF POTENTIAL CHANGES TO THE DEER RULE
Wildlife Chief Stewart Liley presented to the Commission the Dept.’s updated recommended changes to the Deer rule. These recommendations have NOT been approved and were presented for discussion purposes only however, based on the statutory rule posting requirements these proposals will very likely be what is approved by the Commission in November. If you still need to send public comment to the Dept. please do so ASAP by sending an email to DGF-Deer-Rules@state.nm.us. The changes to the rule are as follows:
 
- Adjust some seasons for calendar dates
- Adjust draw license numbers based on biological data and management goals (see details below)
- Separate archery season into September and January (2 different seasons and draws) when a split
September and/or January season currently exists (see Table 1 at end of document)
- Create some new opportunities (see details below)
- Standardize most youth hunts to a 9-day hunt surrounding Thanksgiving week
 
Region Specific Proposed Changes
Northeast
- Allow Either Sex (ES) white-tailed deer hunting for all white-tailed deer hunts in the northeast
- GMU 55: create new September archery hunt of 10 licenses in Valle Vidal
- Create new archery hunt of 10 licenses in Colin Neblett
- Create January archery hunt of 10 licenses in GMU 41
- License increases based on biological data (5% overall)
o GMUs: 41, 42, 43, 45, 47, 48, 57, 58, 59
Southeast
- GMU 30: split 2 rifle hunts evenly (800/hunt; previously 1st rifle hunt was 640 and 2nd rifle hunt
was 960 licenses)
- GMU 31/33: Decrease youth licenses on Huey WMA from 2 hunts of 20 to 2 hunts of 10 licenses
each (the Department no longer has management authority over Brantley and Seven Rivers)
- Do not split GMUs 31 & 32
- License increases based on biological data (3% overall)
o GMUs: 28, 30, 31, 32, 36
Southwest
- GMU 19: create any-legal-weapon hunt of 5 licenses on White Sands Missile Range; move off range
muzzleloader hunt from October to first weekend in December
- GMU 23: Reduce licenses by 13%
- GMU 24: Reduce licenses by 10%
- GMU 23 (Burros): Reduce licenses by 13%, decreasing from 2 regular any-legal-weapon hunts to
1, but lengthening the season to 9 days (35 licenses for mule deer and 40 licenses for white-tailed
deer [mule deer and white-tailed deer hunters will hunt at separate times]). Also, create a new
white-tailed deer hunt of 20 archery licenses in September.
- Allow Burros Archery hunters to hunt Silver City Management Area
- Move January FAWTD archery hunt from Jan. 1-15 to Jan. 16-31
o GMUs 23 (Burros & excluding Burros area), 24, 27
- Other license decreases based on biological data (6-8%)
o GMUs: 26, 27
Northwest
- GMU 4: Create limited public and private hunt in late November (10 licenses each); Include
Sargent in draw for WMAs; Create September archery hunt for WMAs
- GMU 5A: Create late September muzzleloader hunt (public licenses = 10; private licenses = 50)
- GMU 5B: Create September archery hunt (10 licenses) and late September muzzleloader hunt (10
licenses)
- GMU 14: Create January archery hunt (25 licenses)
- License increases based on biological data (5% overall)
o GMUs: 2B, 2C, 5A, 5B, 6A/C, 7, 8, 14
- License decreases based on biological data (4-7%)
o GMUs 10, 12
  
SUBSEQUENT DISCUSSION OF POTENTIAL CHANGES TO THE ELK RULE 
Wildlife Chief Stewart Liley presented to the Commission the Dept.’s updated recommended changes to the Elk rule. These recommendations have NOT been approved and were presented for discussion purposes only however, based on the statutory rule posting requirements these proposals will very likely be what is approved by the Commission in November. If you still need to send public comment to the Dept. please do so ASAP by sending an email to DGF-Elk-Rules@state.nm.us The changes to the rule are as followed:
 
- Adjust seasons for calendar date shifts.
- Youth Encouragement hunts limited to resident youth who put in for the draw but were unsuccessful. If hunts are undersubscribed after 14 days, allow license to be sold to resident seniors (65 years and older) who put in for the draw and were unsuccessful.
- Move Antler Point Restriction (APR) hunts into the big game draw (GMUs 12, 34, 37)
- Adjustment to Core Occupied Elk Range (COER) boundaries in the primary elk management
zone (see details below and see EPLUS proposal for additional details).
o COER/primary elk management zone: the portion of land designated by the Department
as containing the majority of routine elk use, this is the area on which elk management
goals and harvest objectives are based.
- Adjust licenses to the current public-private split where COER boundary adjustments occur and
in situations where land ownership has changed.
 
Region Specific Proposed Changes
Northeast
- GMU 42/47/59: Combine units to create new ES hunts; 1 any-legal-weapon hunt Oct.1-5 of 5
licenses and 2 new archery hunts in September of 10 licenses each.
- GMU 48: Move Dec. MB hunt to Oct.
- Separate youth only (YO) and adult hunts on Valle Vidal.
- Combine Colin Neblett north and south hunt zones.
- GMU 56: Create new any-legal-weapon MB (Oct 1-5) and antlerless hunts of 5 licenses each.
- GMU 57/58: Create new any-legal-weapon MB Oct. 1-5 hunt of 5 licenses.
- GMUs 46, 54, 55A: Establish Special Management Zones (see EPLUS rule change presentation).
Southeast
- GMU 30: Create Oct.1-5 hunt of 10 ES licenses (any-legal-weapon).
- GMU 34: Increase female harvest.
o Increase draw A licenses to 3 hunts of 350 licenses and maintain youth A licenses at 120.
o Change MB hunts to ES hunts.
o Expand COER boundaries east and west.
o Change late season archery APR hunts in 34 to APR/A hunt and put in public draw.
- GMU 36: Increase MB and ES licenses by 15%.
- GMU 37: Move 10 MB licenses to new Oct. 1-5 hunt (any-legal-weapon). Do not create COER
boundary.
- GMU 38: Create Oct. 1-5 hunt of 10 ES licenses (any-legal-weapon).
Southwest
- GMU 13: Adjust COER boundary to the northwest (include the Narrows area).
- GMU 19: Create a new any-legal-weapon draw elk hunt of 3 ES licenses.
- GMU 21A & B: Create late season MB archery hunt of 15 licenses in each sub-unit.
o Extend 21B COER boundary south.
- GMU 23: Create late season MB archery hunt of 15 licenses.
Northwest
- GMU 2: Remove quality management designation and
- GMU 4: Change bag limit on Wildlife Management Areas and private land from MB à MB/A,
create new antlerless hunt of 15 licenses (any-legal-weapon) on Rio Chama WMA, include Rio Chama as part of the Humphrees archery hunt.
- GMU 9: Eliminate all cow hunts and reduce MB & ES hunts by 25%.
o Adjust COER boundary to the east to include elk winter range.
- GMU 12: Create COER boundary to establish the “Fence Lake herd unit” with a “quality hunt
management” designation.
o This would move GMU 12 into the Departments primary elk management zone resulting
in the GMU being subject to the public/private split and private licenses being allocated
through EPLUS.
- GMU 14: Create Oct. 1-5 hunt of 10 ES licenses (any-legal-weapon).
- GMU 6B: Eliminate mobility impaired hunts, increase youth hunts from 35 to 60, and change
MB bag limit to ES and increase ES bow hunts by 5 licenses each.
 
SUBSEQUENT DISCUSSION OF POTENTIAL CHANGES TO THE E-PLUS RULE 
The Dept. presented their subsequent changes to the E-plus. The Dept. is proposing to determine a definition for “meaningful benefit” and create a scoring criterion for properties to determine their level of “meaningful benefit”. Properties will be required to meet a minimum level of “meaningful benefit” to qualify for E-plus. This will help weed out a lot of properties that are currently enrolled in the Small Contributing Ranch program that are not truly providing benefit to the species or habitat. Under the new system SCR ranches will be issued tags based on their benefit to the species under the following categories:
  • Forage (will take into consideration any cattle grazing in addition to elk)
  • Water
  • Cover
  • Irrigated Agricultural
  • Any other special contribution
 
Ranches that are contributing more to the habitat will have a better opportunity to receive tags. Also, any change or re-deeding of properties would result in an immediate re-evaluation of the property. This will hopefully dissuade landowners from attempting to play the system. Additionally, unconverted bonus allocations within the large landowners will be passed along to the ranches in the SCR program.
 
The Dept. has also determined that the COER terminology is confusing to most people. They are proposing to do away with the term inside and outside the COER and rather use elk management zones. They are also proposing going over the counter in several areas that are currently designated as “outside the COER”. These over the counter private land tags will be transferable with written permission. All tags in this segment will be ES. There will be consistent season dates and weapon types across this segment. Exceptions will exist on a case by case basis.
 
Proposed improvements:
· Develop Commission approved Guidelines for program administration
· Define “meaningful benefit” based on biological criteria
· Use habitat-based evaluation to screen all properties currently in EPLUS
· Re-evaluate any properties with acreage changes
· Remove properties that don’t provide meaningful benefit
· Route Bonus and Unconverted authorizations through the SCRs first
· Eliminate SCR draw history system
· Develop a weighted draw for SCR properties
· Make outside COER private land tags available over-the-counter
· Added Antlerless as a tag option for outside COER (Secondary Mgt. Zone)
· Added proposed hunt dates for outside COER (Secondary Mgt. Zone)
· Allowed for a specific ranch code to be required before a hunter could buy an elk license OverThe-Counter.
 
FINAL PROPOSAL FOR CHANGES TO THE EXOTICS RULE  
The Dept. presented their final proposals on the exotics rule. The Commission voted to approve the new 4-year rule unanimously.
 
  • Adjust seasons for calendar dates for all species
Oryx
  • Oryx population data indicates populations (both on and off White Sands Missile Range) are increasing. As a result, the Department is proposing additional oryx hunting opportunities as outlined below.
  • On White Sands Missile Range (WSMR) hunts
    • Add 4 new on-range hunts to accommodate more hunters
    • Increase once-in-a-lifetime hunt from 270 to 605
    • Increase Iraq/Afghanistan veteran hunts from 25 to 45
    • Eliminate Rhodes/Stallion designation (hunters can still apply for the area they want to hunt)
    • Increase injured veteran hunt from 3 up to 10
    • Off range hunts, data suggests oryx numbers are increasing and we can offer more opportunity
    • Increase statewide off range hunts from 600 to 800
    • Increase statewide off range youth hunts from 180 to 200
Ibex
  • Ibex population data indicates the ibex population is slightly increasing, resulting in a need for annual female/immature harvest. The Department is proposing to maintain ibex as a quality trophy population.
    • 4 female/immature hunts of 75 licenses each
    • Maintain youth, archery, and muzzleloader hunts
    • Combine once-in-a-lifetime hunters with incentive hunters
Barbary Sheep
  • Barbary sheep population data suggests numbers are increasing and barbary sheep are expanding into new areas resulting in more hunting opportunity.
    • Proposing increasing draw licenses from 1,275 to 1,750
    • Modify description of GMU 34 west side for clarity
    • Increase McGregor hunts from 15 to 20
    • Split hunts to distribute hunters (no longer a single month-long season)
    • Add new archery hunts
 
SUBSEQUENT DISCUSSION ON POTENTIAL CHANGES TO MANNER AND METHOD RULE 
Colonel Griego provided the Commission an update on their proposed changes to the rule that is basically the guts of NM hunting regulation. While this presentation was officially considered the “subsequent” discussion, it was actually the first time we’ve been able to see what the Dept. is considering changing in the rule. Which means you have less time than usual to voice your public comment to the Dept. It seems that the Dept. realizes this and as such they will be hosting several public meetings across the state where you can hear the rule changes, ask questions, and provide feedback. The public meeting schedule is as below followed by the Dept. recommended changes to the rule. If you wish to email public comment to the Dept. please send your emails to DGF-FieldOpsComments@state.nm.us
 
Public Meeting Schedule
  • Las Cruces: 6 to 8 p.m. Aug. 30 at the Department of Game and Fish office, 2715 Northrise Drive.
  • Albuquerque: 6 to 8 p.m. Sept. 4 at the Department of Game and Fish office, 3841 Midway Place, NE.
  • Roswell: 6 to 8 p.m. Sept. 5 at the Department of Game and Fish office, 1912 W. Second Street.
  • Raton: 6 to 8 p.m. Sept. 11 at the Department of Game and Fish office, 215 York Canyon Road.
 
Potential Rule Changes
  • Sporting arms – Remove caliber restrictions from elk, bighorn and oryx. Make any centerfire .22 caliber or larger legal for all big game. Allow any sporting arm for cougar and javelina.
  • Arrows/Bolts – allow small game hunters to use more appropriate points for their game. Remove the steel requirement from broadheads.
  • Bait – allow the use of scents except for bear hunting.
  • Barbless lures or fly – Allow the use of soft plastic as an “artificial” component in making lures and flies for fishing in special trout waters.
  • Restricted muzzleloaders – Allow any full bore diameter bullet or patched round ball. Allow any black powder or equivalent propellant regardless of whether it is loose or pelleted.
  • Snagging – Changed to prohibit the action of snagging vs. the accidental hooking of a fish anywhere other than the mouth.
  • Spear fishing – Allow spear fishing from above the surface of the water on waters where it is allowed (lakes and reservoirs).
  • Game taken by another – Allow for the temporary transfer of game parts for the purpose of transportation and/or processing.
  • Sale of parts – Allow the sale of additional legally harvested parts (primarily rendered bear fat and furbearer parts).
  • Shed antlers – All shed antlers collected in violation of criminal trespass, a closure or while driving off road on public land shall be seized.
  • Possession of wild turkey – Already prohibited under retention of live protected species.
  • Captive wildlife permits – Imported wildlife which is listed on the directors “species importation list” as group 2 (wild species generally ok to import with permit), 3 (restricted or invasive species, allowed but more restrictions) or 4 (dangerous or highly invasive, generally not allowed in) must have proof of legal importation regardless of who now owns it.
  • Shooting from the road – Allow hunters to shoot from just off of the road surface when no right of way fence exists. If a right of way fence exists they can rest at least half of the firearm on that fence if it is a two or less lane road before shooting. If a right of way fence exists and the road has more than two lanes of traffic they must get beyond that fence before shooting.
  • Harassing wildlife – Make it illegal to harass protected species except while legally hunting or in depredation situations.
  • Use of aircraft – Make it illegal to scout or locate game from the air Aug 1 – Jan 31 annually. This will not impact any other activity, such as recreational flying, flying for agricultural purposes or flying for real estate purposes.
  • Driving off road & closed road – Allow driving off-road on private land with written permission.
  • Mobility Impaired – Clarification of language. In the current rule a “handicapped” license is used when it is actually a mobility impaired license. Also requires the MI hunter to designate who their assistant will be for the hunt if they have one.
  • Proof of sex and/or bag limit – Allow hunters to keep either the head or the external genetalia attached to most female animals they harvest as proof of sex. Would also require javelina hunters to take the head of their javelina from the field as proof of harvest.
  • E-Tagging – Hunters will have to immediately access department’s e-tagging app after killing their animal. App will provide an e-tag number, CIN and date of kill. Hunter will have to write all of this info on durable material (flagging or tape) with permanent ink and attach this durable material to the carcass and antlers/horns.
  • Physical tag - Require javelina hunters to tag the head of their kill. No other changes.
  • Sale of licenses – Prohibit the sale of draw or over the counter licenses.
  • Dogs – Allow hunters to use up to 2 leashed dogs to help blood trail wounded game. Eliminate the requirement that they be registered with the department.
  • Use of bait – An area must be free of bait for at least 10 days prior to hunting. Prohibit bait stations as starting points for releasing bear or cougar dogs on a track.
  • Hunting captive big game – Prohibit hunting within game proof fences except when licensed as a Class A park.
  • Contiguous deeded land – Allow a landowner who wants to hunt their entire deeded property (as long as it is all contiguous) for most big game to do so despite the fact that their property extends into adjacent GMU’s where the season dates, bag limit or sporting arm are different. Landowner must show proof of ownership and request this permission annually from the local department office. Unit wide, ranch wide or unitized properties are not eligible.
  • Collars on game animals – Prohibit anyone from putting a collar or electronic tracking device on any game animal.
  • Use of traps or snares on upland game or migratory birds – Prohibit the capture of upland game (squirrels, grouse, quail etc) and migratory birds (ducks, geese etc).
  • Trotlines – Allow anglers to mark their trotlines using only their CIN.
  • Spear and Bow fishing – Prohibit the lethal take of any fish species which has a length requirement since undersize fish cannot be released unharmed.
  • Bullfrogs – Prohibit the possession of and use of bullfrogs while fishing.
  • Baitfish – Allow commercially packaged and processed dead fish to be used as bait in any regular water in the state. Clarified what is allowed.
  • Limit on angling hooks – Remove this law.
  • Possession of live fish – Prohibit the moving of live fish from one water to another.
  • Chumming – Allow chumming in all regular waters statewide. Still illegal in a special trout water.
  • Closed areas – Remove this section. Contradicts what is open.
  • Boats and other floating devices – Simplified, standardized and consolidated.
  • Crossbows – Remove this section. This was repetitive. Crossbows are legal for all muzzleloader and rifle hunts and are legal during bow hunts by an MI card holder.
  • Penalty Assessments – Removed those listed for violations which are proposed to no longer be illegal.
  • Seizure – Relocated this paragraph to a single location at the end of the rule.
  • Special Accommodations – Require hunters who have a director approved accommodation to carry a copy of this in the field.
 
Odds and Ends 
The Commission approved the Dept.’s opening of the 14-day comment period on the Biennial Review of the Wildlife Conservation Act (WCA) which is the document that the Dept. puts together to describe the condition of the states species of conservation concern. The Commission also heard updates on the new Albuquerque and Roswell offices and were provided a presentation on the Dept.’s 2020 budget.
 
Next Commission Meeting October 4th, 2018 – Albuquerque, NM
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North American Assembly of Outfitter Associations highlight initiatives to sustain hunting’s heritage during Bozeman Workshop

7/17/2018

 
For Immediate Release
 
BOZEMAN, MT – July 17, 2018
 
Nineteen outfitter and guide associations from the United States and Canada, representing 20,000 small businesses, gathered in Bozeman, MT July 10-11 to share information on leading industry issues in North America. Key themes in this year’s workshop included hunter-angler recruitment, reaching the non-hunting community with proactive messaging, the latest science behind chronic wasting disease, and growing/sustaining memberships.
 
During the country breakout sessions, the Professional Outfitters and Guides of America (POGA) discussed workflow processes to increase member retention, travel insurance programs that benefit both member businesses and outfitting and guiding associations, business partnership programs, raffle models to effectively raise money for associations and benefit member outfitters, and opportunities to secure funding through state tourism grants.
 
The Canadian Federation of Outfitter Association (CFOA) discussed strategic planning efforts for its organization, important issues they face in each jurisdiction, federal regulation changes that will impact the industry, and a national survey that will quantify the economic impact of Canada’s outfitting industry. Results from the latter are due to be released this fall.
 
Experts speaking about initiatives geared toward sustaining hunting’s heritage across North America included keynote speaker Michael Sabbeth, author of The Honorable Hunter: Defending and Advancing Our Hunting Heritage, spoke about skillfully advocating for hunting. Diana Rupp, the editor-in-chief of Sports Afield, presented on the Nimrod Society, an organization that uses a state-funded media campaign to reach a broad audience about the beneficial impact of hunters and anglers on wildlife habitat, public lands access, and economic development. Samantha Gibbs, a wildlife veterinarian with the Fish and Wildlife Service and a leading expert on chronic wasting disease (CWD), shared the latest research and an update on efforts to eradicate the disease which is now found in 20 US states as well as Alberta and Saskatchewan.
 
This is the first year that the workshop was held in Bozeman. Attendees had the opportunity to explore some of the touchstone Montana experiences like an afternoon of fly fishing on the Gallatin River, a tour of Ted Turner’s 113,000-acre Flying D Ranch and a horseback ride into the Spanish Peaks.
 
The workshop closed with an industry night featuring representatives from some of the top outdoor brands in Bozeman including Sitka, Mystery Ranch, Stone Glacier, Kenetrek Boots and Fish Hunt Fight. Representatives from each company explained their outfitter/guide program and provided door prizes from their hunting lines.
  
#END#
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Game Commission Re-cap 6/21/18

6/26/2018

 
Game Commission Re-cap
June 21, 2018
Raton, NM

The NM State Game Commission hosted their most recent meeting in Raton on Thursday, June 21st. There were a high number of agenda items covered during the meeting, many of which could have heavy impacts on the hunting industry. Despite this and unfortunately, there were very few members of the public who attended the meeting. 

REVOCATIONS

Colonel Bobby Griego presented the Commission with information on individuals who have accrued 20 or more game violation points within a 3-year period. There was one outfitter presented for revocation. The Commission voted unanimously to revoke outfitter Jess Rankin’s hunting, fishing, and outfitting privileges for a 3-year period.  Mr. Rankin is a current member of NMCOG and his membership affiliation with the organization will terminate immediately in accordance with NMCOG bylaws.  

There were also 11 individuals revoked due to being in violation with the Wildlife Violators Compact and 20 individuals who had accrued violation points and did not respond to their “notice of hearing”. All license privileges were revoked in both instances for the standard 3-year period.

POTENTIAL CHANGES TO THE LICENSES/PERMITS RULE

The Dept. came out of left field with a request for an amendment to the License and Permits Rule to specifically prevent outfitters from becoming vendors (claiming it is a “conflict of interest”). This was an extremely surprising recommendation given that when the carcass tag requirement was being discussed last year outfitters becoming a vendor was used by the Dept. as a selling point with NMCOG when we voiced our industry concerns over outfitters obtaining carcass tags for their clients. Now the Dept. is proposing to do virtually the opposite. Absolutely no regard was given to the fact that most outfitters who have applied to become vendors are in very rural areas, located substantial distances from other vendors and are required to be open to the public. These vendors would be open flexible hours and on weekends which is often far more convenient for hunters than driving to the nearest Walmart or NMDGF office.

NMCOG provided public comment to inform the Commission of our discontent with the Dept.’s proposal. We informed the Commission that this would do nothing but further tie the hands of outfitters who are trying to obtain carcass tags for their customers. This item was not an action item and will be discussed by the Commission at a later date.

NMCOG also voiced to the Commission our concerns that hunters buying private land licenses are unable to send carcass tags to their outfitter (the tag must go to the customer address on file). This means that if an outfitter needs to obtain carcass tags for their clients they must go a Dept. office, or another licensed vendor, as was the process 5 years ago. The difference is that since the implementation of the online system the dept. has far less employees in their office staff to deal with bulk license (carcass tag) purchases. This issue is going to put serious time management burdens on both outfitters and Dept. employees.  

INITIAL DISCUSSION OF POTENTIAL CHANGES TO THE DEER RULE

Wildlife Chief Stewart Liley presented to the Commission the Dept.’s preliminary recommended changes to the Deer rule. These recommendations have NOT been approved and were presented for discussion purposes only. The Dept. will establish meetings to generate public comment around the state over the next month. The rule is now open for public comment. Read the revisions to the rule HERE and send public comment to DGF-Deer-Rules@state.nm.us

• Adjust draw license number based on biological and management goals
• Potential split of archery season into 2 different seasons (Sept & Jan)
• Split GMU 31 & 32
• Create some new opportunities
• Create a 9-day youth hunt around the Thanksgiving holiday.
• Consider and ES white-tail deer hunt in NE
• Increase license in 41, 42, 43, 45, 47, 48, 57, 58, 59
• Consider open Valle Vidal to some limited deer hunting
• Add ESWTD youth hunt
• Create new archery hunt in Colin Neblett
• Split rifle hunting evenly in 30
• Decrease youth licenses in Huey
• Move muzzleloader hunt out of elk rut in 34
• Increase licenses in 28, 30, 31, 32, 36
• Decrease licenses in 33
• Consider limited draw hunt on WSMR move off-range hunt to later in season
• Reduce licenses in 23, 24
• Reduce FAMD licenses in Burros lengthen hunt
• Increase rifle hunts in 2B, 2C
• Add hunt in Nov in 4 include Sargeant. Create archery hunt in WMA
• Create muzzleloader hunt in 5A, 5B
• Increase muzzleloader 6A, 6C
• Increase muzzleloader licenses in 7
• Increase archery in 8
• Decrease licenses in 10, 12
• Increase and create Jan bow hunt 14

INITIAL DISCUSSION OF POTENTIAL CHANGES TO THE ELK RULE

Wildlife Chief Stewart Liley presented to the Commission the Dept.’s preliminary recommended changes to the Elk rule. These recommendations have NOT been approved and were presented for discussion purposes only. The Dept. will establish meetings to generate public comment around the state over the next month. The rule is now open for public comment. Read the revisions to the rule HERE and send public comment to DGF-Elk-Rules@state.nm.us

• Reduce licenses in 9 and completely stop cow hunts
• Antler point restriction hunt in 21, 22 as well as increase bull licenses and extend COER boundaries
• In 34 increase draw licenses on cow hunts reduce herd and make MB hunt ES modify the COER boundary
• 36 has the highest bull to cow ratio in state and perhaps nation increase in licenses of all types
• In 45 extend COER Boundary
• In 48 move the bull hunt from Dec. to Oct
• 49 no changes
• Create COER boundaries in 12 and 13 to establish herd units
• Special management zone in 54
• Increase licenses in 56, 57
• Create a Sabinoso Wilderness hunt

INITIAL DISCUSSION OF POTENTIAL CHANGES TO THE E-PLUS RULE

The Dept. presented their initial changes to the E-plus rule which they intend to update in conjunction with the Elk Rule. The Dept. is proposing to determine a definition for “meaningful benefit” and create a scoring criterion for properties to determine their level of “meaningful benefit”. Properties will be required to meet a minimum level of “meaningful benefit” to qualify for E-plus. This will help weed out a lot of properties that are currently enrolled in the Small Contributing Ranch program that are not truly providing benefit to the species or habitat. Under the new system SCR ranches will be issued tags based on their benefit to the species under the following categories: 
• Forage (will take into consideration any cattle grazing in addition to elk)
• Water
• Cover
• Irrigated Agricultural
• Any other special contribution

Ranches that are contributing more to the habitat will have a better opportunity to receive tags. Also, any change or re-deeding of properties would result in an immediate re-evaluation of the property. This will hopefully dissuade landowners from attempting to play the system. Additionally, unconverted bonus allocations within the large landowners will be passed along to the ranches in the SCR program. 

The Dept. has also determined that the COER terminology is confusing to most people. They are proposing to do away with the term inside and outside the COER and rather use elk management zones. They are also proposing going over the counter in several areas that are currently designated as “outside the COER”. These over the counter private land tags will be transferable with written permission. All tags in this segment will be ES. There will be consistent season dates and weapon types across this segment. Exceptions will exist on a case by case basis.

The rule is now open for public comment. Read the revisions to the rule HERE and send public comment to DGF-EPLUS-Rules@state.nm.us

AMENDING PENALTIES REGARDING CRIMINAL TRESPASS

The Commission Chairman initiated a discussion with NMDGF executives to talk about the issue of trespass. The discussion quickly became very complicated and had obviously been discussed behind closed doors prior to the public meeting. The discussion revolved around the Dept. usage of one area of the criminal trespass statute (Chapter 30) rather than under the statute that governs much of the Dept. activity (Chapter 17). The standard under Chapter 30 includes extremely rigorous posting requirements and is very difficult for landowners to prove however, this is the standard that is acknowledged by all law enforcement and the district attorney. Commissioner Ryan suggested that perhaps the Dept. should consider strengthening the penalties within Chapter 17 and encouraging Dept. conservation officers to issue trespass citations under Chapter 17 so that a landowner might have a better chance of defending their property against trespass. Colonel Griego stressed that criminal trespass is very important to the Dept. but that there is not always an officer available to resolve the issue. The Commission directed the Dept. to open the revocation rule to increase the violation penalty under Chapter 17 to 20 points rather than 10 and the issue will be addressed again at the August meeting. NMCOG sees this being a possible double-edged sword. While it may help provide some relief to landowners who have trespass problems it will also pose little flexibility for individuals who may have legitimately accidently stepped across private property (possibly in an area where the lines are invisible).   

The Commission openly criticized landowners for not providing public comment on the issue. However, in defense of the handful of landowners who attended the meeting, this discussion was so overly complicated and so far over the heads of every non-Dept. person in the audience (and probably many Dept. employees as well) no one in their right mind would have tried to contribute public comment. Most of us where so intimidated by the complexity of the discussion we simply didn’t know what to say.

FINAL DISCUSSION ON CHANGES TO THE TURKEY RULE

The Department provided their final presentation on the Turkey Rule. The Dept. is proposing to make the following changes to the next 4-year cycle of the rule which includes hunting seasons 2019-2023

• Adjust seasons for youth hunt opener
• Add a spring youth draw hunt in GMU 30 on Washington Ranch.  
• Open some additional areas for spring turkey blue bird mesa WMA and will open GMU 33 for OTC tags. 
• Open some additional areas for fall turkey GMU 4, 5A 32, 51, 33

The Commission voted unanimously to approve the Turkey Rule.

FINAL DISCUSSION ON CHANGES TO THE MIGRATORY BIRD RULE

The Department provided their final presentation on the Migratory Bird Rule. It is important to understand that the Dept. Migratory Bird rule must adhere to the US Fish and Wildlife Service federal framework. Migratory bird biologists from across the country meet several times per year to determine the health of migratory bird populations across the country annually. The NMDGF is required to adjust bag limits according to this federal framework. The final framework for the 2019-2020 hunting season was filed in May and includes the following changes.

• Adhere to dates set in the federal framework
• Move youth sandhill crane hunt to later in year
• Regular duck season dates will correlate with the federal framework (it literally takes federal legislative action to change waterfowl hunting season dates) 
• Increase bag limit from 1 to 2 pintail

The Commission voted unanimously to approve the Migratory Bird Rule

ODDS AND ENDS

The Commission also voted to approve the Dept.’s capital outlay request for fiscal year 2020. The Dept. presented an update in the construction of the new Albuquerque office. The Dept. discussed their recommendation to open unitization ranches to all game species and they provided an update on the completed habitat projects over the past 4 years. They also heard a presentation of moving all the manner and method rules into one rule rather than having a manner and method segment in each of the species rules. A draft version of the consolidated manner and method rule will be presented to the Commission in August. 

Next Commission Meeting August 23, 2018 – Gallup, NM

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Recent Study Proves Outfitters Contribute Substantially to Conservation

5/11/2018

 
FOR IMMEDIATE RELEASE - AUGUST 14, 2017
While some in the outfitting industry are very well informed on the substantial contributions made by outfitters every year to wildlife, habitat, and conservation, most everyone else in the hunting and non-hunting world are completely unaware. This is partially due to the fact that our own industry has historically been hesitant to insist that conservation organizations give credit where it's due. Each year outfitters donate hunting and fishing trips to be auctioned off by conservation organizations in an effort to generate funding for on the ground conservation projects. 


While conservation organizations like to proclaim their financial contributions to wildlife, when traced back we find that it is the individual outfitter, donating trips, that collectively sustains a very large percentage of the conservation dollars generated by these organizations. Established conservation organizations are reluctant to provide the actual financial impact of these donated trips to their bottom line and as such the outfitter community is all but forgotten in the credits for sustainable wildlife and habitat management.

A recent pilot study conducted by the Professional Outfitters and Guides of America (POGA) hopes to begin to dispel this notion. POGA represents 8 state guide and outfitter organizations who, in turn, represent individual outfitters who provide outdoor experiences. POGA membership includes five western states; Colorado, Idaho, Montana, Nevada, New Mexico, Wyoming as well as Maine and Alaska. Individual outfitter memberships among the 8-state coalition exceeds 1,900 outfitters and represents more than 4,000 outfitter businesses. POGA serves as an industry advocate and consultative group for national issues of conservation, public land permitting, as well as state regulation and tourism. 

The recently completed study found that an estimated $25.6 million was donated in 2016 by outfitters across the 8-state region for the benefit of conservation organizations such as Rocky Mountain Elk Foundation, Safari Club International, the Wild Sheep Foundation, and 41 others. The study found that the average donation size ranged from $21,000 per hunt in Alaska to $1,000 in Maine.  

Starting with this study, POGA would like to see the outfitter industry be recognized by conservation organizations, as well as state wildlife agencies, for their substantial conservation efforts. Without the generous donations of the businesses providing hunting and fishing experiences to sportsmen, conservation organizations would not have the ability to fund on the ground conservation efforts at the level which they proclaim. You can read the complete 12 page report on the New Mexico Council of Outfitters and Guides website (click HERE).

A special thanks to all of the AK, CO, ID, MT, ME, NM, NV, & WY outfitters who participated in the study!!
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​The New Mexico Council of Outfitters and Guides is a 501(c)(6) non-profit organization. The Council was founded in 1978 by a group of outfitters concerned about the growing threats to their industry from various special interest groups. NMCOG is 100% funded by membership dues and individual donations.

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