DIRECTOR’S COLUMN
I have written and re-written this newsletter at least 3 times now. It seems that every time I gain a little traction on what I want to say, something happens and my strategy does a complete 180°.
I have deleted and restarted this entire document from scratch twice and even as I write this, things are changing...The Senate literally just approved the increased funding for the CARES Act making much of my newsletter outdated before it’s sent.
The economic fallout currently being experienced by the outfitting industry, created by the government and of no fault of our own, is overwhelming! I fully believe that both the federal and state government officials had no idea the devastating domino effect that would result from their Coronavirus restrictions.
Unfortunately, rather than easing the state restrictions, I fear that our NM Governor will likely double down and tighten her grip on New Mexicans into the month of May.
I’m struggling as I write this because I naturally try to look for the silver lining in every situation. However, the truth of it is, the US economy is in real trouble this time. And no amount of federal stimulus is going to vault us back to where we were in January.
I have deleted and restarted this entire document from scratch twice and even as I write this, things are changing...The Senate literally just approved the increased funding for the CARES Act making much of my newsletter outdated before it’s sent.
The economic fallout currently being experienced by the outfitting industry, created by the government and of no fault of our own, is overwhelming! I fully believe that both the federal and state government officials had no idea the devastating domino effect that would result from their Coronavirus restrictions.
Unfortunately, rather than easing the state restrictions, I fear that our NM Governor will likely double down and tighten her grip on New Mexicans into the month of May.
I’m struggling as I write this because I naturally try to look for the silver lining in every situation. However, the truth of it is, the US economy is in real trouble this time. And no amount of federal stimulus is going to vault us back to where we were in January.
CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT
Despite being told 2 weeks ago “not to worry, there is plenty of money”, the loans administrated by the Small Business Administration under the CARES act came to a screeching halt last week due to lack of funding. Many applications have been left in limbo with business owners struggling to determine what to do. Over 98% of loan applicants in the NM outfitting industry have yet to receive one dime in financial assistance. Many have been approved on some level and are waiting to hear back. Some have been denied due to lack of funding.
With Congress in talks to add another $250 billion to the Paycheck Protection Program (PPP), business owners who haven't applied yet should reach out to their lenders to find out if they're still accepting applications and if so, start the process of applying. With many additional industries like agriculture and oil & gas facing high levels of unexpected economic downturn, once Congress approves the additional funding (and they will) the money is going to go fast!! Act NOW if you want a chance to be considered for some of this funding.
Business owners who have already applied but haven't received their money should try to get clarity on the status of their loan. If the financial institution has already approved an application, submitted it to the Small Business Administration and received a distinct loan number, then your loan is part of the previous $349 billion in PPP loans that have been allocated but not disbursed.
Congress is also anticipated to replenish the Economic Injury Disaster Loan (EIDL) fund by roughly $60 billion; which is next to nothing in the grand scheme of the Coronavirus small business disaster. If you have applied for, or planned to apply for, a disaster loan to help cover overhead, the reality of ever seeing any tangible money through this program is low. This isn’t said to dissuade you from applying for a disaster loan but rather to highlight the importance of being realistic as you move through the financial assistance application process.
At this point in time, NMCOG encourages business owners in need of financial assistance to use any and every avenue at your disposal to maintain the viability of your business. Some of you may qualify for the Federal Reserve Main Street Lending Program which offers low interest loans to small businesses (these loans cannot be forgiven). And NM Workforce Solutions is still working on providing unemployment to independent contractors (they estimate to be able to accept claims in early May). However, for many of you, relying on the assistance provided by state or federal government is not a realistic strategy for survival.
As the coronavirus pandemic has disrupted the economy enormously, a lot of companies are looking at a stark choice: pivot your business model or go under. Changing your business model may be the last thing you want to do right now, but it could be what keeps you in business. The US Chamber of Commerce is hosting a town hall this Friday April 24th to discuss life and business post-pandemic.
You can sign up for the live townhall or watch the conversation after the fact at the US Chamber of Commerce website at www.uschamber.com. You can also find tips to navigating your business through these uncertain times at www.inc.com. Realize that the outfitter/guide industry is unique and some of the recommendations made by broader business community leaders may not fit your specific business model. Take everything with a grain of salt and don’t be afraid to think outside the box. NMCOG will continue to update our Coronavirus Resource Page with the latest changes in the industry.
With Congress in talks to add another $250 billion to the Paycheck Protection Program (PPP), business owners who haven't applied yet should reach out to their lenders to find out if they're still accepting applications and if so, start the process of applying. With many additional industries like agriculture and oil & gas facing high levels of unexpected economic downturn, once Congress approves the additional funding (and they will) the money is going to go fast!! Act NOW if you want a chance to be considered for some of this funding.
Business owners who have already applied but haven't received their money should try to get clarity on the status of their loan. If the financial institution has already approved an application, submitted it to the Small Business Administration and received a distinct loan number, then your loan is part of the previous $349 billion in PPP loans that have been allocated but not disbursed.
Congress is also anticipated to replenish the Economic Injury Disaster Loan (EIDL) fund by roughly $60 billion; which is next to nothing in the grand scheme of the Coronavirus small business disaster. If you have applied for, or planned to apply for, a disaster loan to help cover overhead, the reality of ever seeing any tangible money through this program is low. This isn’t said to dissuade you from applying for a disaster loan but rather to highlight the importance of being realistic as you move through the financial assistance application process.
At this point in time, NMCOG encourages business owners in need of financial assistance to use any and every avenue at your disposal to maintain the viability of your business. Some of you may qualify for the Federal Reserve Main Street Lending Program which offers low interest loans to small businesses (these loans cannot be forgiven). And NM Workforce Solutions is still working on providing unemployment to independent contractors (they estimate to be able to accept claims in early May). However, for many of you, relying on the assistance provided by state or federal government is not a realistic strategy for survival.
As the coronavirus pandemic has disrupted the economy enormously, a lot of companies are looking at a stark choice: pivot your business model or go under. Changing your business model may be the last thing you want to do right now, but it could be what keeps you in business. The US Chamber of Commerce is hosting a town hall this Friday April 24th to discuss life and business post-pandemic.
You can sign up for the live townhall or watch the conversation after the fact at the US Chamber of Commerce website at www.uschamber.com. You can also find tips to navigating your business through these uncertain times at www.inc.com. Realize that the outfitter/guide industry is unique and some of the recommendations made by broader business community leaders may not fit your specific business model. Take everything with a grain of salt and don’t be afraid to think outside the box. NMCOG will continue to update our Coronavirus Resource Page with the latest changes in the industry.
Information on Coronavirus Restrictions Impacting NM Hunting/Fishing
STAY-AT-HOME DIRECTIVE
New Mexico's Governor Michelle Lujan Grisham has issued a stay-at-home order to aggressively limit person-to-person contact in the state as a response to the spread of the COVID-19 pandemic. The order closes all non-essential businesses (you can find a list on our website). The order is scheduled to expire on April 30, 2020 but might be extended depending on the status and severity of the pandemic. The Governor also issued an executive order requiring air travelers to New Mexico to self-isolate for at least 14 days. Air travelers who fail to voluntarily self-isolate will be subject to forced isolation or quarantine.
HUNTING AND FISHING
LICENSES
Contrary to the many completely fake and totally off-the-wall rumors of banning non-residents and total season closures, the NMDGF began their 2020 license year April 1st as scheduled. Dept. offices are currently closed and staff is working remotely due to Coronavirus restrictions but business is running mostly as usual. However, due to the misinformation being reported on social media, license vendors may express confusion regarding their ability to issue licenses during this time and hunters/anglers should purchase licenses online at the Dept. website to avoid delays.
CARCASS TAGS
As always carcass tags are required for all big game and turkey hunters. Given the uncertainty of postal mail during the Coronavirus restrictions, hunters may prefer the E-tag option. Hunters must choose whether to E-Tag or receive a physical tag when purchasing their license. Hunters must download the E-Tag app to their mobile phone and save their license in the app. The hunter will receive an E-Tag number with the CIN and the date of kill which must be hand written on a durable material and attached to the animal. The app will work even while out of service as long as the license is saved prior to leaving cell service. Hunters must be able to show their license on their phone. Find the NMDGF E-tag app in the Google Play Store or the Apple Store.
DRAW HUNTS
The New Mexico Big Game Draw is scheduled to take place on April 29th or likely already has (hint hint check your customer login). There are no license restrictions for non-resident hunters or anglers in the state of New Mexico at this time. NMCOG is working with the Dept. to develop a strategy to deal with a high volume of canceled tags IF it happens (and we sincerely hope it does not). NMCOG would also like to recognize Director Sloane and his staff for their impeccable handling of the Game and Fish agency through these uncertain times! NM hunters/anglers have more to be thankful for than they realize and all the credit goes to the NMDGF.
ACCESS TO PUBLIC LANDS
SPECIAL USE PERMITS
Federal and State Land Management agencies are processing special use permits as usual. Please submit your paperwork as you have done historically in order to obtain a use permit to operate in the National Forest, BLM, or State Trust lands. If you are having problems obtaining your permit or getting ahold of personnel please contact the NMCOG right away.
BUREAU OF LAND MANAGEMENT
New Mexico BLM recreation areas and campgrounds remain open; however, some visitor centers that are typically operated by volunteers are closed.
NATIONAL FOREST
The five national forests in New Mexico began orderly closure of developed recreation sites on March 23, 2020 in response to the COVID-19 outbreak. The developed recreation site closures will remain in effect until further notice. The US Forest Service has also decided to invoke a campfire restriction to reduce the risk of human caused wildfire during the Coronavirus pandemic. The order prevents forest visitors from building, maintaining, attending, or using a campfire, or wood burning stove fire. Persons using pressurized liquid or gas fueled devices (stoves, grills, or lanterns) are exempt from the order. Restrooms and group campgrounds are closed. Fees will not be charged at sites with limited services.
STATE GAME COMMISSION PROPERTIES
In an effort to prevent transmission of COVID-19 (novel coronavirus), the New Mexico Department of Game and Fish has closed all Department offices, all Department hatcheries, Bernardo WMA Tour Loop, Bear Canyon Reservoir, Bill Evans Lake WMA, Colin Nebliett WMA, Rio de los Pinos WMA, Morphy Lake Open Gate property, Monastery Lake Open Gate property and Rio Costilla Open Gate property.
STATE TRUST LANDS
There are no specific COVID-19 restrictions on New Mexico State Trust Land. A valid hunting, fishing, or trapping license allows for access onto state trust land through the State Land Office’s easement agreement with the New Mexico Department of Game and Fish which was approved on March 4, 2020. Access is only allowed during the ongoing hunt for that specific area, and for scouting access up to 7 days prior to the hunt. Fishing is allowed on state trust land year round with a valid fishing license. State Trust Land offices are closed until further notice due to Coronavirus.
STATE PARKS
State Parks are completely CLOSED until April 30th, 2020 per a directive from Gov. MLG. You can continue to access trails and portions of lakes that are not part of the actual “State Park” and are managed by other land management agencies.
VALLES CALDERA NATIONAL PRESERVE
The Valles Caldera National Preserve can be accessed by foot only at this time. The main entrance road will be closed to vehicular traffic until further notice. Visitor Center staff are working remotely.
OUTFITTER/GUIDE FINANCIAL RESOURCES
NMCOG recognizes that due to the unique nature of hunting & fishing business operations, the following options may not be right for all business owners. Please go through each resource individually and determine if any of these options might help ease the impacts being felt by your operation. Also, remember that these opportunities are changing fast so don’t delay. An option available today might not be there tomorrow.
Paycheck Protection Program Loans
The Paycheck Protection Program is a loan designed to provide a direct incentive for small businesses to keep their workers on the payroll. SBA will forgive loans if all employees are kept on the payroll for eight weeks and the money is used for payroll, rent, mortgage interest, or utilities. You can apply through any existing SBA 7(a) lender or through any federally insured depository institution, federally insured credit union, and Farm Credit System institution. Visit www.sba.gov for more details. Independent contractors are eligible to apply for PPP loans.
Economic Injury Disaster Loan
The SBA’s Economic Injury Disaster Loan provides vital economic support to small businesses to help overcome the temporary loss of revenue they are experiencing as a result of the COVID-19 pandemic. This program is currently underfunded and receiving funds in the program is unlikely.
LEDA Zero-Percent Interest Loans
Limited to expenditures for land, building and infrastructure. Can be used for lease abatement or mortgage assistance. Company must be a qualified entity (manufacturer, non-retail service business with more than 50% of revenue generated out of state, or a retail business in a community or less than 15,000 in population). All loans will be required to provide security equal to the amount of the loan. Lease abatement or mortgage assistance (contact Mark.Roper@state.nm.us or call 575-562-0327)
Unemployment
Guides who work as "employees" and whose hours have been reduced or who are laid off are eligible for unemployment under the CARES Act and can apply for unemployment right NOW. Guides who work as Independent Contracts are also eligible under CARES. Unfortunately, at this time, NM's system is not set up to process these unemployment claims. There is no need for independent contractors to call the Unemployment Insurance Operations Center at this time. NM Workforce Solutions will announce when you are able to starting filing claims.
New Mexico's Governor Michelle Lujan Grisham has issued a stay-at-home order to aggressively limit person-to-person contact in the state as a response to the spread of the COVID-19 pandemic. The order closes all non-essential businesses (you can find a list on our website). The order is scheduled to expire on April 30, 2020 but might be extended depending on the status and severity of the pandemic. The Governor also issued an executive order requiring air travelers to New Mexico to self-isolate for at least 14 days. Air travelers who fail to voluntarily self-isolate will be subject to forced isolation or quarantine.
HUNTING AND FISHING
LICENSES
Contrary to the many completely fake and totally off-the-wall rumors of banning non-residents and total season closures, the NMDGF began their 2020 license year April 1st as scheduled. Dept. offices are currently closed and staff is working remotely due to Coronavirus restrictions but business is running mostly as usual. However, due to the misinformation being reported on social media, license vendors may express confusion regarding their ability to issue licenses during this time and hunters/anglers should purchase licenses online at the Dept. website to avoid delays.
CARCASS TAGS
As always carcass tags are required for all big game and turkey hunters. Given the uncertainty of postal mail during the Coronavirus restrictions, hunters may prefer the E-tag option. Hunters must choose whether to E-Tag or receive a physical tag when purchasing their license. Hunters must download the E-Tag app to their mobile phone and save their license in the app. The hunter will receive an E-Tag number with the CIN and the date of kill which must be hand written on a durable material and attached to the animal. The app will work even while out of service as long as the license is saved prior to leaving cell service. Hunters must be able to show their license on their phone. Find the NMDGF E-tag app in the Google Play Store or the Apple Store.
DRAW HUNTS
The New Mexico Big Game Draw is scheduled to take place on April 29th or likely already has (hint hint check your customer login). There are no license restrictions for non-resident hunters or anglers in the state of New Mexico at this time. NMCOG is working with the Dept. to develop a strategy to deal with a high volume of canceled tags IF it happens (and we sincerely hope it does not). NMCOG would also like to recognize Director Sloane and his staff for their impeccable handling of the Game and Fish agency through these uncertain times! NM hunters/anglers have more to be thankful for than they realize and all the credit goes to the NMDGF.
ACCESS TO PUBLIC LANDS
SPECIAL USE PERMITS
Federal and State Land Management agencies are processing special use permits as usual. Please submit your paperwork as you have done historically in order to obtain a use permit to operate in the National Forest, BLM, or State Trust lands. If you are having problems obtaining your permit or getting ahold of personnel please contact the NMCOG right away.
BUREAU OF LAND MANAGEMENT
New Mexico BLM recreation areas and campgrounds remain open; however, some visitor centers that are typically operated by volunteers are closed.
NATIONAL FOREST
The five national forests in New Mexico began orderly closure of developed recreation sites on March 23, 2020 in response to the COVID-19 outbreak. The developed recreation site closures will remain in effect until further notice. The US Forest Service has also decided to invoke a campfire restriction to reduce the risk of human caused wildfire during the Coronavirus pandemic. The order prevents forest visitors from building, maintaining, attending, or using a campfire, or wood burning stove fire. Persons using pressurized liquid or gas fueled devices (stoves, grills, or lanterns) are exempt from the order. Restrooms and group campgrounds are closed. Fees will not be charged at sites with limited services.
STATE GAME COMMISSION PROPERTIES
In an effort to prevent transmission of COVID-19 (novel coronavirus), the New Mexico Department of Game and Fish has closed all Department offices, all Department hatcheries, Bernardo WMA Tour Loop, Bear Canyon Reservoir, Bill Evans Lake WMA, Colin Nebliett WMA, Rio de los Pinos WMA, Morphy Lake Open Gate property, Monastery Lake Open Gate property and Rio Costilla Open Gate property.
STATE TRUST LANDS
There are no specific COVID-19 restrictions on New Mexico State Trust Land. A valid hunting, fishing, or trapping license allows for access onto state trust land through the State Land Office’s easement agreement with the New Mexico Department of Game and Fish which was approved on March 4, 2020. Access is only allowed during the ongoing hunt for that specific area, and for scouting access up to 7 days prior to the hunt. Fishing is allowed on state trust land year round with a valid fishing license. State Trust Land offices are closed until further notice due to Coronavirus.
STATE PARKS
State Parks are completely CLOSED until April 30th, 2020 per a directive from Gov. MLG. You can continue to access trails and portions of lakes that are not part of the actual “State Park” and are managed by other land management agencies.
VALLES CALDERA NATIONAL PRESERVE
The Valles Caldera National Preserve can be accessed by foot only at this time. The main entrance road will be closed to vehicular traffic until further notice. Visitor Center staff are working remotely.
OUTFITTER/GUIDE FINANCIAL RESOURCES
NMCOG recognizes that due to the unique nature of hunting & fishing business operations, the following options may not be right for all business owners. Please go through each resource individually and determine if any of these options might help ease the impacts being felt by your operation. Also, remember that these opportunities are changing fast so don’t delay. An option available today might not be there tomorrow.
Paycheck Protection Program Loans
The Paycheck Protection Program is a loan designed to provide a direct incentive for small businesses to keep their workers on the payroll. SBA will forgive loans if all employees are kept on the payroll for eight weeks and the money is used for payroll, rent, mortgage interest, or utilities. You can apply through any existing SBA 7(a) lender or through any federally insured depository institution, federally insured credit union, and Farm Credit System institution. Visit www.sba.gov for more details. Independent contractors are eligible to apply for PPP loans.
Economic Injury Disaster Loan
The SBA’s Economic Injury Disaster Loan provides vital economic support to small businesses to help overcome the temporary loss of revenue they are experiencing as a result of the COVID-19 pandemic. This program is currently underfunded and receiving funds in the program is unlikely.
LEDA Zero-Percent Interest Loans
Limited to expenditures for land, building and infrastructure. Can be used for lease abatement or mortgage assistance. Company must be a qualified entity (manufacturer, non-retail service business with more than 50% of revenue generated out of state, or a retail business in a community or less than 15,000 in population). All loans will be required to provide security equal to the amount of the loan. Lease abatement or mortgage assistance (contact Mark.Roper@state.nm.us or call 575-562-0327)
Unemployment
Guides who work as "employees" and whose hours have been reduced or who are laid off are eligible for unemployment under the CARES Act and can apply for unemployment right NOW. Guides who work as Independent Contracts are also eligible under CARES. Unfortunately, at this time, NM's system is not set up to process these unemployment claims. There is no need for independent contractors to call the Unemployment Insurance Operations Center at this time. NM Workforce Solutions will announce when you are able to starting filing claims.
STREAM ACCESS LAWSUIT FILED IN NM SUPREME COURT
On April 17, 2020 NMCOG along with NM Farm Bureau, NM Cattle Growers, Upper Pecos Watershed, and a number of private landowners filed a brief in the New Mexico Supreme Court regarding the “stream access” issue. The brief was filed in response to a petition for mandamus requested by the Adobe White Water Club, NM Wildlife Federation, & Back Country Hunters and Anglers which essentially asked the court to invalidate the NMDGF Landowner Certification of Non-navigable Water. The petition basically states that the petitioners believe that the rule is invalid because the waters of NM are constitutionally owned by the public which, in their opinion, gives any individual the ability to knowingly trespass onto private property at any time, so long as the access is accomplished in a streambed and is in the name of recreation.
NMCOG has always been strongly against giving the general public unfettered access to privately owned stream-beds! Not only is waking and wading in a privately owned streambed against the law but giving the public unrestricted access would severely disincentivize landowners from implementing wildlife and habitat conservation practices along their riparian areas. As stated in our response brief “if petitioners believe they have the right to walk and wade on private property, challenging a rule that has no bearing on that right is not the appropriate way to litigate their issues. The Rule was validly promulgated, comports with constitutional law, and does not dictate ownership of private property. The relief Petitioners seek will not alter the existing law, and striking the Rule will not give the public license to utilize privately owned land. The Petition is wholly without merit, and should be rejected by this Court.”
If you are still having trouble understanding this extremely complicated issue (you are not alone) we encourage you to please read both lawsuits and make up your own mind about where you stand on the issue (yes it’s a very long read but worth it if you truly want to understand the issue). Click HERE to read the NMCOG suit. Click HERE to read the Adobe Whitewater suit. NMCOG also recently participated in a pod-cast interview with Nada Grande Outdoors (S3:E11 Everybody Has a Seat At the Table. A portion of the hour long show focused on this issue. While we encourage you to listen to the entire pod-cast, you can find the discussion of the stream access issue at minute 29:26. You can find the link to the pod-cast episode on our website.
NMCOG has always been strongly against giving the general public unfettered access to privately owned stream-beds! Not only is waking and wading in a privately owned streambed against the law but giving the public unrestricted access would severely disincentivize landowners from implementing wildlife and habitat conservation practices along their riparian areas. As stated in our response brief “if petitioners believe they have the right to walk and wade on private property, challenging a rule that has no bearing on that right is not the appropriate way to litigate their issues. The Rule was validly promulgated, comports with constitutional law, and does not dictate ownership of private property. The relief Petitioners seek will not alter the existing law, and striking the Rule will not give the public license to utilize privately owned land. The Petition is wholly without merit, and should be rejected by this Court.”
If you are still having trouble understanding this extremely complicated issue (you are not alone) we encourage you to please read both lawsuits and make up your own mind about where you stand on the issue (yes it’s a very long read but worth it if you truly want to understand the issue). Click HERE to read the NMCOG suit. Click HERE to read the Adobe Whitewater suit. NMCOG also recently participated in a pod-cast interview with Nada Grande Outdoors (S3:E11 Everybody Has a Seat At the Table. A portion of the hour long show focused on this issue. While we encourage you to listen to the entire pod-cast, you can find the discussion of the stream access issue at minute 29:26. You can find the link to the pod-cast episode on our website.
