The State Game Commission held their last meeting of the year

Thanks to Kerri Cox Romero from Outfitters and guides for the update! We missed the meeting due to our annual meeting. There was some great news from this meeting. The commission wants the SWAP to be redone! If you haven’t read this monstrosity Over 400 pages, it is one of the most anti Agriculture (Anti human) documents put out by the G&F. 10 years ago we fought hard against it, it came back and was still a mess. Hopefully we can clean it up and get the Grants G&F needs without hurting the industry in the process. Below you will find our summary of the most recent State Game Commission meeting as well as a brief update regarding the gross receipts taxes on landowner hunting permits issue. You can also locate this information on our website by clicking HERE. November 19, 2015 - Commission Meeting Re-cap The State Game Commission held their last meeting of the year in Roswell at the Pearson Auditorium, on the NMMI campus, on Nov. 19, 2015. The meeting was well attended by approximately 50 members of the public as well as State Representative Candy Ezzell. TESF Mexican Wolf Permit Appeal & Black Footed Ferret Permit Renewal Mike Phillips of the Turner Endangered Species Fund (TESF) made a lengthy presentation regarding why Turner Enterprises is appealing the June 2015 denial of their permit to breed and hold captive Mexican wolves, at the Ladder Ranch, for the purpose of future release into the wilds of NM and AZ. Mr. Phillips expressed the importance of the TESF in the efforts of recovering many endangered species in NM including desert bighorn sheep. He stressed that the continuance of the Turner facility is essential to the survival and subsequent recovery of the Mexican wolf as a species. He also stressed that the research and efforts taking place at the Turner facility should be considered separately of any Mexican wolf recovery plan issued by the US Fish and Wildlife Service. However, he emphasized that the Dept. should attempt to remain involved in providing best available science for the USFWS to refer to in their development of a new recovery plan. The Dept.’s attorney provided a rebuttal to Mr. Phillips presentation. Attorney Sayer gave a very complex, legal overview of why the Director was within her purview in denying the TESF permit application. The primary reason that the TESF Mexican wolf permit was denied is that the USFWS has failed to issue an update to their 1982 Mexican wolf recovery plan which states a wolf recovery of 100 wolves, a population that was met in 2015. Based on this recovery plan there is no longer a need to release captive bred wolves into the wild and therefore no need for a private landowner to be permitted to do so. The attorney indicated that the Commission only has grounds to overturn the denial of a permit if the Director did not act reasonably or acted outside of Dept. regulations. Since Director Sandoval acted parallel to the wishes of the Commission, which was within Dept. regulation, the Commission has not grounds to overturn the denial. The Commission agreed and upheld the denial. Separately of the wolf issue, TESF also provided a presentation to renew their permit to possess endangered black footed ferrets on the Vermejo Ranch. TESF has been actively involved, in conjunction with the US Fish and Wildlfe Service, in the recovery of the black footed ferret since the 1990s. The Dept. issues TESF an annual permit to possess black footed ferrets which must be renewed by the Commission each year. Because of this TESF has amended their permit for a 2 year issuance. The Commission agreed to this arrangement and voted unanimously to approve the permit. State Land Easement Agreement The Department provided a presentation regarding the ongoing negotiations with the Sate Land Office to secure an agreement to provide sportsman access for the 2016-2017 season. The most recent variables that have been agreed upon by the Dept. and the SLO include a fee of $1,000,000 to be paid by the Dept. with an agreement from the SLO to increase camping opportunities (locations and time frame) and designate vehicular access points on state lands through GPS waypoints to be posted on both the SLO and NMDGF websites. Additionally the “scouting” period of 7 days will be maintained in the agreement, and up to three guests may accompany each hunter, angler, or trapper on state trust lands. Public comment centered primarily on sportsman feeling that the actions taken by the SLO in initiating this access fee increase were unfair and unnecessarily pointed towards sportsman. People urged the Dept. to pay the SLO mandated fee of $1 million but argued they empathize that the Dept. is between a rock and a hard place. Most comments recommended the fee be paid this year but reassessed for subsequent years. Although no representatives from the State Land Office attended the meeting, the Commission voted 7-1 to approve (but with expressed reservations) the current easement negotiations. Commissioner Ramos voted against the motion. State Wildlife Action Plan (SWAP) Voted Down The Dept. provided a presentation to update the Commission on their efforts to revise the conservation plan that they must complete every 10 years, as a requirement of the federal government, to maintain funding for conservation of non-game species. The plan looks at species of greatest conservation need and takes into consideration climate change and other external factors that impact threatened and endangered species. During public comment a number of individuals expressed deep concern with the frequent negative references to the agricultural and oil & gas industries within the document and they urged the Commission to disapprove the SWAP. Ultimately the Commission agreed with the agricultural and oil & gas industries’ concerns. Every Commissioner expressed concerns with the wording of the document as well as the vast list of over 400 species of greatest conservation need. And although the SWAP is, supposedly, only to be used for reference, the Commissioners also expressed concern with the fact that other government agencies, in the past and presently, are using this document when determining the direction of wildlife policy. Commissioner Ryan made a motion to not approve the current draft of the SWAP. The motion passed by unanimous vote. The Commission also voted to approve the Director to request additional time from USFWS to submit the document and, if approved, to consult with participating stakeholder to revise the document. Oryx and Pronghorn Hunt Date Changes 2016-2019 The Dept. provided a presentation to discuss that the NMDGF public draw oryx and pronghorn hunts conflict with the White Sands Missile Range trinity site tours. The Dept. is proposing to move the hunts out to one week later for the next rule cycle dated 2016-2019. The Commission voted unanimously to approve the date change. Valles Caldera Management Strategies for Fishing The Department has been working with the National Park Service to determine the direction of fishing on the Valles Caldera National Preserve. Fishing on the preserve has historically been considered quality waters however the NPS wanted a little more flexibility for anglers. The Dept. is proposing restricted fishing on the Caldera with a 2 fish limit and bate & fly restrictions. The Dept. will also be creating a special season for fishing on the preserve. The Commission voted to approve the Dept. proposals. Hunt Draw Deadlines The Dept. presented their proposal for the 2016 deadline to enter the Big Game Draw. Applicants for the primary big game draw will have until March 23, 2016 to get their applications in. The deadline for Bear and Turkey draw hunts will be February 10, 2016 and upland game and waterfowl hunters will have until August 24, 2016. Odds and Ends In addition to the above agenda items the Dept. also presented their initial proposal to amend their Gaining Access Into Nature (GAIN) program on WMAs as well as the future management for Tiger Muskies and Trout in Bluewater Lake. The Dept. provided an update on the hunter education program and also an update on inspections for out of state boats to prevent aquatic invasive species. The Commission additionally approved Sportsman for Fish and Wildlife as an approved non-profit to receive donated hunting permits as well as an application for a bird shooting preserve on the Bosque Bird Dog Farm. General Public Comments – Landowner Permit Gross Receipts Tax Update During the public comment segment of the meeting Representative Ezzell provided the Commission with some commentary in regards to landowners being pursued by NM Taxation and Revenue for back pay of gross receipts taxes on landowner hunting permits. Rep. Ezzell was very displeased with this recent turn of events and mentioned that it was possible that she would no longer be allowing hunters to access her property under the permit program. The general comment period is not a two way line of communication with the Commission so no response was given to Rep. Ezzell’s comments. Coincidentally, a TRD/landowner workshop, hosted by NMFLB, took place the same day as the Commission meeting in ABQ. Gross receipts taxes on landowner hunting permits was the focus of the workshop. NMCOG representatives also attended this meeting and reported that the event became a very heated discussion between Taxation and Revenue, who are seemingly not planning to back down, and landowners, who are understandably nervous and frustrated. We continue to recommend that outfitters (who purchase private land permits) prepare yourselves for landowners to be requesting you provide them with NTTC Type 2 forms (which will help the landowner prove to TRD that the gross receipts taxes on their permits has already been paid). However, it is important to remember that as an outfitter you are not required to issue the NTTC. Also, in order to issue an NTTC the landowner must be registered with TRD and have a CRS number. If the landowner does not have a CRS number it is impossible for the outfitter to issue an NTTC. Please note - The NM Cattle Growers Association will also be hosting TRD to provide this same landowner permit gross receipts tax presentation to their membership during their annual meeting on December 4th in Albuquerque. Please feel free to contact NMCOG if you have questions regarding this issue or any other issue. The next Game Commission meeting will be held on Thursday January 14, 2016 in Santa Fe, NM. (Please email info@nmoutfitters.com for archived Commission Reports) Kerrie C. Romero Executive Director - New Mexico Council of Outfitters and Guides 51 Bogan Rd Stanley, NM 87056 (505) 440-5258 (www.nmoutfitters.com)