By Ben Neary
NMWF Conservation Director
The New Mexico State Game Commission voted Fri., Aug. 9, to extend for two more years its rule setting hunting regulations on bighorn sheep. In taking the vote, the commission continued its longstanding practice of stretching the state definition of “hunt code” to benefit nonresidents and hunters who retain an outfitter prior to applying for the coveted tags.
The commission generally enacts rules that last for four years for big game species. It enacted a shorter bighorn rule in 2022 to try to encourage the New Mexico State Legislature to reconcile two conflicting portions of state law.
The conflict occurs between the provision that sets the definition of “hunt code” and another provision of law that spells out the minimum percentage of tags that resident hunters are supposed to receive in the license draw.
Since 2014, the game commission has lumped all Rocky Mountain ram tags into one hunt code, all Rocky Mountain ewe tags into a second hunt code and all desert ram tags into a third hunt code.
Lumping all the sheep tags together allows the state to give sheep licenses to hunters who retain an outfitter prior to submitting their license applications as well as to nonresident hunters.
Without lumping the tags together, those two groups would be ineligible to draw tags under the state’s quota law, which specifies that state residents must receive a minimum of 84 percent of the tags for each hunt. Many of the bighorn hunts offer only a few tags in a particular area, not a high enough number to meet the resident quota and have tags left over to offer to guided or non-resident hunters.
The NMWF has pointed out that by lumping all the tags together under single hunt codes, the commission effectively has ignored the state law definition of “hunt code.” The law states that a hunt code must specify the species, weapon type and time frame for a specific hunt. The various bighorn and desert ram hunts the commission has lumped together are spread out over several months and many are hundreds of miles apart.
Despite the conflict, Stewart Liley, chief biologist for the game department, told commissioners that the Legislature had not acted to address the situation in the past two years. The commission’s vote extends the current system for two years, bringing the sheep rule back into step with the rules for other big-game species.
Liley told commissioners that the New Mexico Attorney General’s Office has issued an opinion endorsing the current system of lumping the various hunts together under single hunt codes.
The New Mexico Wildlife Federation and other groups for years have protested that the state procedures for issuing bighorn sheep permits that have been in place since 2014 are unfair to state resident hunters.
Jesse Deubel, NMWF executive director, told commissioners that there are two competing sections of state law. He said one would have to be ignored in order for the other to be honored and said the conflict needs to be fixed legislatively.
“The disappointment that the New Mexico Wildlife Federation has is that this commission has an opportunity to choose between residents and nonresidents as it relates to how bighorn sheep opportunity is allocated,” Deubel told commissioners.
“And by kicking the can down the road for another two years, this commission is sending a clear signal to the residents of New Mexico – the people you are appointed to serve – you’re sending a clear signal that you’re prioritizing non-resident and special interest opportunity over opportunity for New Mexico residents,” Deubel said. “That’s very disappointing.”
David Heft, representing the New Mexico Wild Sheep Foundation, told commissioners that his group favors keeping the bighorn license system as it is. He said most of the money to support bighorn sheep restoration efforts comes from outside the state.
Heft suggested that rather than arguing over a handful of permits, time and effort would be better spent working to help improve bighorn habitat and populations. He urged the commission not to deny hunting opportunities to nonresident hunters.
Heft told commissioners that some young man or young woman sitting in another state today may want to have an opportunity to hunt bighorn sheep in New Mexico just as much as someone who lives in the state. “So let’s not take opportunity away from someone,” he said.
In other action, Liley briefed commissioners on the department’s progress in updating the State Wildlife Action Plan – a report state wildlife agencies complete periodically that spells out restoration plans for species biologists have identified as having the greatest need for conservation.
Liley said the draft plan should be completed early next year and the final version in place by next fall. For the first time under this plan, Liley said the state is looking at action to protect a number of pollinator insect species.
Deubel said after the meeting that he’s pleased to see game department biologists expanding the action plan to consider pollinators.“All elements of the natural world are intricately connected,” Deubel said. “It’s critical to consider total ecosystem health in order to ensure future healthy populations of the wildlife species we like to hunt and the fish we like to catch.”