MINUTES
NEW MEXICO STATE GAME COMMISSION
New Mexico State University
Agriculture Auditorium
Gerald Thomas Building, Room 194
Las Cruces, NM 88003
January 3, 2002
9:00 a.m. – 5:00 p.m.
AGENDA ITEM NO. 1. Meeting Called to Order
The meeting was called to order at 9:05 a.m., January 3, 2002.
AGENDA ITEM NO. 2. Roll Call
Director Bell calls roll:
Chairman Stephen Doerr - Present
Commissioner George Ortega - Present
Commissioner Bud Hettinga - Present
Commissioner Steve Padilla - Present
Commissioner Ray Westall - Present
Commissioner Karen Stevens - Present
Commissioner Tom Growney - Present
COMMISSIONER WELCOMED: Chairman Doerr and Director Bell welcomed Commissioner Tom Growney who the Governor appointed to take the place of Commissioner Steven Emery. Larry presented a brief background and history on him.
AGENDA ITEM NO. 3. Approval of Minutes (November 18-19, 2001)
MOTION: Commissioner Hettinga moves to approve the November 18-19, 2001 minutes; Second by Commissioner Stevens.
VOTE: Voice call vote taken. All present vote in the affirmative. Motion passes.
AGENDA ITEM NO. 4. Approval of Agenda
MOTION: Commissioner Hettinga made motion to approved the agenda. Seconded by Commissioner Stevens.
Commissioner Westall made an amendment to move Agenda Item No. 11 to be replaced with the Agenda Item No. 9. Seconded by Commissioner Stevens.
VOTE: Voice call vote taken. All present vote in the affirmative. Motion passes.
AGENDA ITEM NO. 5. Introduction of Guests
Chairman Doerr requested introduction of the audience.
Audience introduced themselves.
AGENDA ITEM NO. 6. Consent Agenda (License Revocation)
MOTION: Commissioner Stevens moves to accept the Consent Agenda. Seconded by Commissioner Hettinga.
VOTE: Voice call vote taken. All present vote in the affirmative. Motion passes.
OLD BUSINESS
AGENDA ITEM NO. 7. Marquez Wildlife Area – Consideration of Lease Renewal
Presented by Scott Brown: The current lease for grazing on the Marquez Wildlife Area expires this month. The grazing in the past has been in part dependent upon access to the property across Juan Tafoya Land Grant property. Recent information indicated that the road to the gate was a County Road, however upon closer evaluation it appears that beyond the gate the road once again crosses a portion of Land Grant property for a matter of a few hundred yards. There also has arisen a question of whether there is an agreement between McKinley and Cibola Counties as to county road status. The Department has asked for a determination from the Fish and Wildlife Service Federal Aid whether grazing would be allowed in the event the access issue was resolved. The Department is recommending that the grazing agreement be extended for another year with the expectation that the Department work to conclusively verify whether or not there is public access to the property from the south end. In the event that there isn’t, attempts should be made to obtain permanent access to the property.
DISCUSSION: Commissioner Hettinga asked if Scott has looked into how long the road has been opened to the public or there if there is a state law that if the road has been used for 10 years and that has not been closed that the road becomes a public road. He also asked about the trespass grazing.
Scott Brown – He said that the road access is one of the things he will continue to explore and the trespass grazing has been a problem and we are in the process of purchasing the materials for fencing.
Chairman Doerr - asked when does the current lease expire?
Scott Brown – He replied it expired on Dec. 31, 2001, so therefore there is not an active lease on the land grant.
Chairman Doerr – He stated that during the closed executive session the Commission will discuss legal property matters.
Commissioner Ortega – He stated that one year is not enough to extend the lease to the minimum of two years.
MOTION: Commissioner Ortega moves to discuss the Marquez Wildlife Area during the closed executive session. Seconded Commission Hettinga.
VOTE: There was no action taken.
Chairman Doerr – He recognized the Department for the NBC Nightly News broadcast about the bear den project. The news clip was shown.
Larry Bell – He extended his appreciation to the department personnel also recognized Bobby Griego, Rich B., Leon Redman, Robert Livingston, Scott Draney, Bill Dunn and especially to all the volunteer organizations that assisted for a job well done.
NEW BUSINESS
AGENDA ITEM NO. 8. Adopt Open Meetings Act Regulation
Presented by Larry Bell - The law requires the Commission to adopt an open meeting process at their first meeting each year.
MOTION: Commissioner Hettinga moves approval of Open Meetings Act with the provision to provide telephonic participation of any member that cannot be in attendance and adopt Roberts Rule of Order amend (8.1.6). Seconded by Commissioner Westall. Strike the words “Legislative Matters” so that it can done at anytime.
VOTE: Voice call vote taken. All present voted in the affirmative. Motion passes.
AGENDA ITEM NO. 11. Changes to Cougar Regulation
Presented by Luis Rios/Rich Beausoleil/Roy Hayes/Bryan Nygren
The Department presented information regarding possible implementation of a relaxed cougar hunting strategy in Game Management Unit 30. The presentation explored possible impacts to cougar populations if Game Management Unit 30 is managed with a No-quota strategy that would include trapping cougar as legal manner of take. Wording consistent with Commission’s request to amend the cougar harvest rule was presented.
DISCUSSION: A meeting was held in Queen, NM, how many are coming up from Mexico,
this all started with the deer population decline, cougar population is increasing, there has been two lion encounters 1) in Queen and 2) on the state line of the Guadalupe National park, lions have been sighted in and around Carlsbad, maybe the commission should consider two tags in Units 29 and 30; Chairman Doerr requested the department to contact the game wardens in the areas to collect cougar numbers, the Memorandum dated December 26, 2001 to all Game Wardens in reference to cougar population in their areas from Glenn Case was read, the majority of the responses were that cougar numbers are increasing, we are all aware of the weather conditions and maybe the commission should consider statewide deer draw.
MOTION: Commissioner Hettinga would like to move approval of quota of Units 29 and 30 and 34, two cougar tag in Unit 29, 30 and 34, and increase hunter opportunity to year round hunting, Seconded by Commissioner Westall. Commissioner Hettinga with drew motion, seconded withdraw by Commissioner Westall.
Commissioner Hettinga moves to accept departments recommendation on two cougars per tag in Units 29, 30 and 34, Seconded by Commissioner Westall.
PUBLIC COMMENT:
Lisa Jennings – She opposes the regulation change for cougar hunting.
Tim Jennings – He is in favor of the departments recommendation.
David Kincaid – He is in favor of the departments recommendation.
Debbie Hughes – She is in favor of the departments recommendation.
Harley Chatfield – He is in favor of the departments recommendation.
Benny Griffin – He is in favor of the departments recommendation.
Ed Mechin – He is in favor of the departments recommendation.
Bill Ferranti – He is in favor of the departments recommendation.
Jack Burnetts – He is in favor of the departments recommendation.
Don Cullom – He is in favor of the departments recommendation.
John Boretsky – He is in favor of the departments recommendation. He would like to see an extension to 12 month instead of the 6 months.
Larry Webb – He is in favor of the departments recommendation, but would like to include the change statewide.
Jim Ellot – He is in favor of the departments recommendation.
Mike Root – He is in favor of the departments recommendation, but would like to see a 12 month hunting.
Richard West – He is in favor of the departments recommendation.
Judy Keeler – She is in favor of the departments recommendation.
ROLL CALL VOTE:
Hettinga – Yes
Ortega – Pass
Padilla - Yes
Stevens – Yes
Growney – Yes
Westall – Yes
All present voted 5 in the affirmative 1 abstained. Motion carries.
AGENDA ITEM NO. 9. Statewide Limited Deer Entry:
Presented by Barry Hale – The State Game Commission has requested that the Department investigate, evaluate, and present information pertaining to the implementation of a statewide limited entry system for deer. Many feel that, because of low deer numbers in significant portions of the state that have historically experienced plentiful numbers, the Department should seriously contemplate and implement strategies to reduce hunting mortality. The most notable strategy to meet this objective is to restrict the number of hunters through an Entry system. This strategy can limit the numbers of hunters in any specific Game Management Unit and thereby limit the legal harvest of deer within that Unit and ultimately the state. The benefits and impacts of implementing an Entry system was discussed.
DISCUSSION: should consider having public meetings to gather the information, what is the time frame (spring), in other states, NM is the state known for killing double, the harvest rate is impossible to rate, mule deer should be the number one priority, using a draw system is going to increase number of bucks, look into predator control and habitat, need to be more creative when coming up with the draw system, how many deer licenses are sold throughout the year (60,000), look at the fawn situation, would like to change the way to work with private individuals.
The Department has no specific recommendation at this time.
PUBLIC COMMENT:
John Boretsky – He is not in favor of the statewide deer entry.
RL Posey – He is in favor of the statewide deer entry.
Don Cullom – He is not in favor of the statewide deer entry.
V.W. Howard – He is not in favor of the statewide deer entry.
Harry Chatfield – He is in favor of the statewide deer entry.
No action was taken.
AGENDA ITEM NO. 10. 19.31.10.20 NMAC Areas Closed to Hunting, Fishing and Trapping. -
Presented by Luis Rios – Sub-Unit 6B, also known as the Valles Caldera National Preserve is currently open to hunting but closed to fishing and trapping. It is the desire of the Valles Caldera Board of Trustees to closely regulate hunting, fishing and trapping on the preserve through cooperation with the Department and the State Game Commission. Department officers cannot enforce trespass onto federally owned property. This action would allow regulated sport hunting, fishing and trapping through State Game Commission regulations (rules) while making it possible for Department officers to prosecute individuals who would unlawfully enter the preserve to do so. The Department is recommending this action be approved. This will allow management of wildlife through selective hunting, fishing and trapping that is consistent with all Wildlife Management Areas, State Game Refuges, the Valle Vidal Area, and other special use areas.
MOTION: Commissioner Stevens made a motion to accept the departments recommendations. Seconded by Commissioner Growney.
VOTE: Voice call vote taken. All present voted in the affirmative. Motion passes.
AGENDA ITEM NO. 12. Amend Big Game Regulation to Allow Fall Turkey Hunting on Valle Vidal
Presented by Luis Rios – Turkey hunting opportunities were recently expanded to include additional areas previously closed to turkey hunting. Commission direction requested investigation of further expansion to include fall turkey hunting on the Valle Vidal. The Department is recommending no fall turkey hunting in 2002-2003 on the Valle Vidal for the following reasons: Fall turkey hunting in all open areas and units occurs September 14-22. A firearms fall turkey hunt would conflict with the Valle Vidal archery elk hunt (September 1-20); There is no time to include a new turkey hunt area in the 2002-2003 Big Game Proclamation.
MOTION: Commissioner Padilla made a motion to accept the departments recommendation. Seconded by Commissioner Stevens.
VOTE: Voice call vote taken. All presented voted in the affirmative. Motion passes.
AGENDA ITEM NO. 13. Discussion on ATV Regulations for Hunting:
Presented by Dan Brooks - The Department presents information about the current rules for ATV use for hunting in New Mexico. Also provided was a brief summary of other western state rules for ATV use because they are similar to New Mexico.
DISCUSSION: there has been a few citations on decoy operations, there should be some affect on the drawing to put these people on the lower end instead of suspending their hunting privileges, when a person hits 20 points, that person is deprived not only from hunting but also fishing, does ATV use make a rule to people who are non-hunters, using your motorized for everyone not just one person, the anti-hunter act is for those who scare the herds, Kent Lewis stated his opinion to ban all ATV’s, would like to further discuss tweaking the system for the hunting opportunities.
PUBLIC COMMENT:
RL Posey – He suggest to look into the federal laws before making a decision.
AGENDA ITEM NO. 14. Review of Long Range Plans to set priorities and begin to develop budget. Presented by Larry Bell –
The Department will present a list of priority management and relate the action accomplished with budget setting activity.
· Strategic Plan – 2001-2005
AGENDA ITEM NO. 15. Commission action on transfer/exchange of elk to Kentucky Presented by Luis Rios -
The Department requested approval from the Commission of a request from the Kentucky Department of Fish and Wildlife Resources to capture and transplant up to 200 of New Mexico’s elk during Winter 2001-2002 to assist with Kentucky’s elk restoration program. The cost to the Department will be limited to staff time devoted to the operation. KDFWR and Rocky mountain Elk Foundation will incur the remainder of the costs, to include capturing, disease testing, feeding while holding, and transportation.
MOTION: Commissioner Growney made a motion to adopt the departments recommendations. Seconded by Commissioner Stevens.
VOTE: Voice call vote taken. All present voted in the affirmative. Motion passes.
DISCUSSION: the department should persue some type of exchange such as striped bass.
AGENDA ITEM NO. 16. Habitat Stamp Regulation Re-enactment
Presented by Dale Hall - The Department is recommending that the Habitat Stamp regulation be amended to be consistent with the practice of exempting those resident anglers 70 years old and over from the purchase of a Habitat Stamp. This amendment in regulation will make this regulation consistent with the statute allowing resident anglers 70 years of age and older to obtain a fishing license at no cost. Change in the definition of a habitat Stamp will align the regulation with current license procedures allowing a check of a box on a valid hunting, fishing or trapping license rather than issuance of an actual stamp. This will expire in 2011.
MOTION: Commissioner Ortega moves for approval for the departments recommendation. Seconded by Commissioner Growney.
VOTE: Voice call vote taken. All presented voted in the affirmative. Motion passes.
DISCUSSION: the regulation does specifically exempt residents or non-residents.
AGENDA ITEM NO. 17. Share with Wildlife Project List – 2003-2004
Presented by Jane MacCarter – The Department requested the Commission review, provide input and approve a list of potential project categories that the Department is interested in funding for Fiscal Year 2003-2004. The projects represented on the list provided represented priorities only.
MOTION: Commissioner Padilla made a motion to approve the departments recommendation. Seconded by Commissioner Ortega.
VOTE: Voice call vote taken. All present voted in the affirmative. Motion passes.
DISCUSSION: the list is the recommendations from Conservation Services as well as from Assistant Director Scott Brown, the total cost is $70,000, should be generated evenly.
AGENDA ITEM NO. 18. Amend License Vendor Bond Regulation
Presented by Dan Brooks - The Department is requesting of the Commission to amend the license vendor Regulation 19.30.9 NMAC to allow for the Director to develop and implement a license vendor bonding criteria policy that will establish bond limits. Recommended approval of the new language is: Provided flexibility to increase customer service, enhance agency/vendor relations and minimum dollar outflows affecting responsible license vendors.
Ask Dan for a copy of his presentation that was given to the commission in their packets.
MOTION: Commissioner Ortega made a motion to accept the departments recommendations. Seconded by Commissioner Padilla.
VOTE: Voice call vote taken. All present voted in the affirmative. Motion passes.
AGENDA ITEM NO. 19. Commission/Department Discussion
· Set Future Commission Meeting Dates
DISCUSSION:
Dan Brooks – He stated that the received a $500 donation from the Mule Deer Foundation, Gila Chapter in Silver City, to the Operation Game Thief program which works only on donations. This program is soley for poaching. They wanted to thank the commission for their support all efforts when benefiting mule deer.
Director Bell – He stated that the Governor has accept the entire legislative packet. January 24, 2002 is the next Legislative Finance Committee hearing.
Commissioner Padilla – He made a request to the department to look into having a youth tournament for 12 years and under instead of wasting the fish because of whirling disease at Parkview Hatchery.
Commissioner Hettinga – He asked for an update on the turkey transplant from Oklahoma to Hatch.
Director Bell – He replied that it was approved by the Sikes Act committee but did not make the statewide recommended list for transplant and he will follow up on that.
AGENDA ITEM NO. 20. General Public Comments: (Comments limited to 3 minutes.)
RL Posey – He stated that he supports Don Cullom on the cougar. He would like to see the cougar on as non protected species. He stated about the idea of the study, but New Mexico does not need a study. He thanks Alexa Sandoval for doing a great job in Unit 34. He stated that he has seen a great difference since Larry Bell has been selected for Director.
Dale Hall, Acting Regional Director, USFWS – He stated that there is a lot to learn about the issues going on. He would like to offer any help that he can get. He told the region that they should be biologically correct and legally correct and work with partners. He feels regulation should be the last resort on how to find solutions. He feels that there should be an excellent relationship with all Directors. His folks will be there to help. Please call him anytime.
AGENDA ITEM NO. 21. Closed Executive Session
MOTION: Chairman Doerr entertain a motion to enter into Closed Executive Session pursuant to NMSA 10-15-1 (H2, H-7 and H-8) of the Open Meeting Act in order to discuss limited purposes of personnel matters, litigation and land acquisition; Second by Commissioner Padilla.
ROLL CALL VOTE:
Commissioner Padilla - Yes
Commissioner Ortega - Yes
Commissioner Stevens - Yes
Commissioner Westall - Yes
Commissioner Growney - Yes
Commissioner Hettinga - Not present
All present vote in the affirmative. Motion passes.
MOTION: Chairman Doerr entertained a motion to call the open meeting back to order and explains that the matters discussed in the Closed Executive Session were limited to the items listed on the agenda and no action was taken in the closed executive session. Chairman Doerr entertains a motion to enter back into open session. Seconded by Commissioner Stevens.
VOTE: Voice call vote taken. All present vote in the affirmative. Motion carries.
FUTURE MEETING DATE:
MOTION: Commissioner Stevens moves to have a meeting on February 8, 2002 in Santa Fe. Seconded by Commissioner Padilla.
VOTE: Voice call vote taken. All present voted in the affirmative. Motion carries.
MARQUEZ WILDLIFE AREA:
MOTION: Commissioner Stevens moves to extend the lease for one year and if not accepted then make the extension the maximum of two years. Seconded by Commissioner Westall.
VOTE: Voice call vote taken. All presented voted in the affirmative. Motion passes.
AGENDA ITEM NO. 22. Election of New Mexico State Game Commission Chairperson.
MOTION: Commissioner Padilla made a motion to defer the election of the new chairperson at the next meeting when all the new commissioners have been seated. Seconded by Commissioner Ortega.
ROLL CALL VOTE:
Commissioner Hettinga - No
Commissioner Growney - No
Commissioner Ortega - Yes
Commissioner Padilla - Yes
Commissioner Stevens - No
Commissioner Westall - No
4 opposed and 2 affirmative. Motion Failed.
Commissioner Hettinga made a motion to elect Karen Stevens as Chairperson. Seconded by Commissioner Tom Growney.
Commissioner Padilla made a motion to elect George Ortega as Chairperson. Does not need a second, because it is a nomination.
Commissioner Growney made a motion for nominations to cease. Seconded by Commissioner Hettinga.
ROLL CALL VOTE FOR COMMISSIONER STEVENS FOR 2002 CHAIRPERSON:
Comissioner Westall - Yes
Commissioner Stevens - Yes
Commissioner Padilla - No
Commissioner Ortega - No
Commissioner Hettinga - Yes
Commissioner Growney - Yes
Commissioner Padilla would like to change his vote and vote for Commissioner Stevens as chairperson. Commissioner Ortega did the same.
Karen Stevens is 2002 Chairperson.
Meeting adjourned at 4:10 pm.