STREAM ACCESS ISSUE UPDATE
On March 1, 2022 the NM Supreme Court (NMSC) ruled that the NMDGF Non-Navigable Waters Rule was unconstitutional. The NM Wildlife Federation and NM Backcountry Hunters & Anglers were quick to sing the high court’s praises and wasted no time launching one of their infamous misinformation campaigns to confuse the public into thinking the ruling means it is now perfectly legal to walk & wade in streambeds located on private land.
NMCOG has hesitated to release an official position regarding the NMSC ruling. That’s because we have been patiently waiting on the NMSC to release their written decision (a legal document clarifying the details of the ruling), which they said would be published by the “end of the week”. That was over 8 weeks ago and it’s becoming clear the Court has no immediate plans to release the document. While our best intentions were to wait on the written decision, to ensure our industry received only facts and not conjecture, as more time passes it seems mandatory that we break our silence.
Since the NMSC decision, and subsequent widespread public confusion surrounding the issue, NMCOG has received a high (and
increasing) number of calls from concerned landowners. Landowners who are also confused about their rights and desperately want to protect their private investments. Landowners have found trespassers fishing miles inside their private land boundary, they have found trespassers picnicking on their deeded land, making campfires, and wandering up dry ditch banks into private property. These
trespassers are all touting the NMSC ruling as justification for their actions. Let’s be clear, until the NMSC releases a written opinion that repeals the Stream Access Law, walking and wading in a privately owned stream bed is still illegal. Walking along the bank of a streambed on private property to portage a boat around a non-navigable portion of the river is illegal. Building a campfire on someone’s private property is not considered incidental contact; it is illegal. Walking up someone's privately owned dry waterway to access public land is illegal.
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. The recent NMSC ruling did nothing to change this ownership structure. And while, the NMSC ruling did overturn the NMDGF Non-navigable Waters Rule (meaning landowners cannot prevent float access). It did NOT repeal the Stream Access statute, which
specifically prevents walking and wading on private property. 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).
NMCOG strongly encourages landowners to report trespassers to local and NMDGF authorities. Whether a trespasser is sitting in an
Adirondack chair on your back porch (yes, this actually happened) or wading in your privately owned streambed. 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. Trespass on private property, including in privately owned streambeds, is still 100% illegal. Any
landowner who finds a trespasser on their private property should immediately contact local law enforcement. Remember to take
pictures and make sure law enforcement officials file an official report regarding the incident.
NMCOG has hesitated to release an official position regarding the NMSC ruling. That’s because we have been patiently waiting on the NMSC to release their written decision (a legal document clarifying the details of the ruling), which they said would be published by the “end of the week”. That was over 8 weeks ago and it’s becoming clear the Court has no immediate plans to release the document. While our best intentions were to wait on the written decision, to ensure our industry received only facts and not conjecture, as more time passes it seems mandatory that we break our silence.
Since the NMSC decision, and subsequent widespread public confusion surrounding the issue, NMCOG has received a high (and
increasing) number of calls from concerned landowners. Landowners who are also confused about their rights and desperately want to protect their private investments. Landowners have found trespassers fishing miles inside their private land boundary, they have found trespassers picnicking on their deeded land, making campfires, and wandering up dry ditch banks into private property. These
trespassers are all touting the NMSC ruling as justification for their actions. Let’s be clear, until the NMSC releases a written opinion that repeals the Stream Access Law, walking and wading in a privately owned stream bed is still illegal. Walking along the bank of a streambed on private property to portage a boat around a non-navigable portion of the river is illegal. Building a campfire on someone’s private property is not considered incidental contact; it is illegal. Walking up someone's privately owned dry waterway to access public land is illegal.
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. The recent NMSC ruling did nothing to change this ownership structure. And while, the NMSC ruling did overturn the NMDGF Non-navigable Waters Rule (meaning landowners cannot prevent float access). It did NOT repeal the Stream Access statute, which
specifically prevents walking and wading on private property. 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).
NMCOG strongly encourages landowners to report trespassers to local and NMDGF authorities. Whether a trespasser is sitting in an
Adirondack chair on your back porch (yes, this actually happened) or wading in your privately owned streambed. 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. Trespass on private property, including in privately owned streambeds, is still 100% illegal. Any
landowner who finds a trespasser on their private property should immediately contact local law enforcement. Remember to take
pictures and make sure law enforcement officials file an official report regarding the incident.
COMMISSION FIASCO CONTINUES
Nonresident Bighorn Sheep Permits in Jeopardy
Resident preference advocacy groups continue to push the NM Game Commission to eliminate the 7 nonresident bighorn sheep permits in the draw (yes there are just 7-that is how petty NMWF, and BHA have gotten).
Even after the NM Attorney General wrote a detailed letter regarding the legality of the NMDGF allocation process which was followed by a failed commission vote to extend the public comment period; the Commission announced yesterday that they will host a special meeting to take place on May 9th (in Albuquerque) to further discuss the matter and revote to extend the public comment period. This fiasco is completely out of line with the typical rulemaking process established by the NM legislature. An extension of the comment period for bighorn sheep is unnecessary.
According to the NMDGF presentation provided to the Commission on April 11th, the Dept. received only a handful of comments related to the allocation process and the bulk were in favor (only one was opposed). The bighorn sheep permit allocation process is widely accepted by the vast majority of resident hunters. There is no disputing that nonresident hunters fund over 90% of the Bighorn Sheep conservation program. This issue is a molehill which the NMWF and BHA are trying desperately to turn into a mountain.
If you outfit bighorn sheep hunters or if you are a resident bighorn sheep hunter and appreciate the enormous contributions of nonresidents to the conservation of all species, please send an email to the below addresses TODAY! Tell the Commission you are in favor of the Dept.'s proposed allocation method for bighorn sheep permits and that there is no need to extend the public comment period.
Even after the NM Attorney General wrote a detailed letter regarding the legality of the NMDGF allocation process which was followed by a failed commission vote to extend the public comment period; the Commission announced yesterday that they will host a special meeting to take place on May 9th (in Albuquerque) to further discuss the matter and revote to extend the public comment period. This fiasco is completely out of line with the typical rulemaking process established by the NM legislature. An extension of the comment period for bighorn sheep is unnecessary.
According to the NMDGF presentation provided to the Commission on April 11th, the Dept. received only a handful of comments related to the allocation process and the bulk were in favor (only one was opposed). The bighorn sheep permit allocation process is widely accepted by the vast majority of resident hunters. There is no disputing that nonresident hunters fund over 90% of the Bighorn Sheep conservation program. This issue is a molehill which the NMWF and BHA are trying desperately to turn into a mountain.
If you outfit bighorn sheep hunters or if you are a resident bighorn sheep hunter and appreciate the enormous contributions of nonresidents to the conservation of all species, please send an email to the below addresses TODAY! Tell the Commission you are in favor of the Dept.'s proposed allocation method for bighorn sheep permits and that there is no need to extend the public comment period.
DGF-Bighorn-Rule@state.nm.us
Sharon.Hickey@state.nm.us
R.Salazar-Henry@state.nm.us
deanna.archuleta@state.nm.us
Tirzio.Lopez@state.nm.us
Sharon.Hickey@state.nm.us
R.Salazar-Henry@state.nm.us
deanna.archuleta@state.nm.us
Tirzio.Lopez@state.nm.us
BIG GAME RULES OPEN OF PUBLIC COMMENT
The New Mexico State Game Commission hosted a meeting in Santa Fe on April 11th. Agenda items included the “subsequent discussion” for the Pronghorn, Javelina, Migratory Bird, and Bighorn Rules as well as the “initial discussion” for the Elk, Deer, Turkey, and Exotics Rule. Meaning, that public comment will be closing soon for the Rules in subsequent discussion and public comment has opened for the Rules in initial discussion. The Game Commission meetings that take place during 2022 are arguably the most important to the hunting industry. Policies approved for Rules opened in 2022 will apply to the next 4-year rule cycle. Read the full Commission Recap HERE
WELCOME NEW O&G REGISTRAR MEGAN OTERO
By now the majority of outfitters and guides are aware that Letitia Mee has moved on to bigger and better things with the Dept. of Game and Fish. NMCOG would like to introduce the industry to our new O&G Program Manager...
Hi everyone! My name is Officer Megan Otero, I am the new Guide and Outfitter Program Manager for the Department of Game and Fish. I have been with the Department for 11 ½ years, starting as the District Officer in Santa Fe and then as the Assistant Hunter Education Coordinator. I am currently getting caught up and learning the needs of the outfitting industry. As I move into this position I'm looking forward to getting to know all of you and working with you. I appreciate your understanding as I catch up and learn all the components of this position. My contact
information is below. Feel free to reach out anytime.
Email: megan.otero@state.nm.us or
DGF-Guide-Outfitter@state.nm.us
Phone number: 505-476-8066
Hi everyone! My name is Officer Megan Otero, I am the new Guide and Outfitter Program Manager for the Department of Game and Fish. I have been with the Department for 11 ½ years, starting as the District Officer in Santa Fe and then as the Assistant Hunter Education Coordinator. I am currently getting caught up and learning the needs of the outfitting industry. As I move into this position I'm looking forward to getting to know all of you and working with you. I appreciate your understanding as I catch up and learn all the components of this position. My contact
information is below. Feel free to reach out anytime.
Email: megan.otero@state.nm.us or
DGF-Guide-Outfitter@state.nm.us
Phone number: 505-476-8066
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4TH ANNUAL HUNT & FISH RAFFLE
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NMCOG 2022 SUMMER MEETING
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