NMSGC minutes

AGENDA ITEM NO. 1. Meeting Called to Order

The meeting was called to order at 9:00 a.m.

AGENDA ITEM NO. 2. Roll Call

Chairwoman Stevens calls the meeting to order and requests roll call:

Director Bell calls roll:

Commissioner Thomas Growney Present

Commissioner Tamara Hurt Present

Commissioner George Ortega Present

Commissioner Steve Padilla Present

Commissioner James Weaver Present

Commissioner Ray Westall Absent

Director Bell states there is a quorum.

AGENDA ITEM NO. 3. Introduction of Guests

Chairwoman Stevens requests introduction of the audience.

Introduction is made.

Representative Gloria Vaughn attended meeting. Chairwomen Stevens welcomed her as attending

Commissioners requested to state counties they represent.

AGENDA ITEM NO. 4. Approval of Minutes for May 10-11, 2002 and June 7, 2002.

MOTION: Commissioner Hurt moves to accept the minutes of both the May 10-11, 2002 and the June 7, 2002 Commission Meeting; Second by Commissioner Growney.

VOTE: Voice call vote taken. All present vote in the affirmative. Motion carries.

The Honorable Gloria C. Vaughn, Representative welcomed the NM State Game Commission to Ruidoso.

AGENDA ITEM NO. 5. Approval of Agenda

Chairwoman Stevens entertained a motion to move Agenda Item No. 11 to immediately follow lunch and also Agenda Item No. 15 moved to follow Agenda Item No. 18.

MOTION: Commissioner Growney puts forward a motion to move Agenda Item No. 11 to immediately follow lunch to accommodate the technical difficulties in addition move Agenda Item 15 to immediately follow Agenda Item No. 18; Second by Commissioner Ortega.

VOTE: Voice call vote taken. All present vote in the affirmative. Motion carries.

AGENDA ITEM NO. 6. Consent Agenda

Director Bell requested the Commission remove Lonnie Barber from the Consent Agenda to be heard at a later date. Mr. Barber has submitted a formal request to have the matter heard separately before the Commission as an appeal. Dan Brooks stated Mr. Barber has entered a written exception. By rule the Commission can hear that exception today or at a later time. Chairwoman Stevens stated the Commission could hear the exception today. Do the Consent Agenda as a whole and hear Mr. Barber’s as an individual item.

MOTION: Commissioner Growney moves to except Mr. Lonnie Barber out of the Consent Agenda and move forward on it; Second by Commissioner Hurt.

VOTE: Voice call vote taken. All present vote in the affirmative. Motion carries.

Director Bell clarified the motion was to remove Mr. Barber from the Consent Agenda and approve the remainder of the Consent Agenda.

Presented by Dan Brooks: Brooks pointed out to the Commission that by Commission Rule Mr. Barber is allowed to enter a written exception. He has had a hearing by the Hearing Officer and according to the Rule the Commission has several choices. Under 19.31.2.23, the Commission shall not permit any oral arguments; the Commission shall not consider evidence outside of the Hearing Officer’s report and filed exceptions unless the Commission members participate in the decision by reviewing the entire record of the hearing. The Commission decision is final. Brooks stated the Commission could look at the Hearing Officer’s report and requested it be read into the record along with Mr. Barber’s exception. If the Commission should choose, they can vote at that time or the record can be transcribed at a later time.

For the Record: This is for Mr. Lonnie Barber, 1696 Petyon Road, Los Lunas, NM; Case No.: 261; Hearing Officer’s Report: “Mr. Barber was convicted of using the elk licenses of his two sons who were not present during hunt where two elk were killed by a third member of Mr. Barber’s hunting party and his son’s tags were used with his consent. He also field dressed and possessed the two elks, and was initially deceptive in his responses to the investigating officers as to the number of elk killed and presence of “other hunters (his sons).” Some mitigating circumstance presented in that Mr. Barber is 61 years old, has been hunting his entire life in New Mexico and has had no prior citations. He had no control over the hunter shooting the two additional elk (over his bag limit) for which the hunter had no license. Mr. Barber had the licenses of his sons with him because he was expecting them to join him the next day and did not intend in advance to misuse the licenses. The Hearing Officer’s recommendation is revocation and suspension of all license privileges for a period of two years.” Brooks stated with that, Mr. Barber received that recommendation in the mail and wrote a letter to the State Game Commission. The letter is dated May 28, 2002, State Game Commission. “After attending my hearing on April 23, 2002, I received a copy of the Hearing Officer’s recommendations. After reading it I think there were some important comments left out of Mr. Canepa’s comments in his comments to the Hearing Officer that he as well as myself remembered the Magistrate Judge saying that there would be no penalties or restrictions on my hunting privileges. Officer Nelson also stated after his initial contact ‘I was deceptive’. Officer Nelson stated after that I, and everyone involved were very helpful and cooperative to do what was right. Officer Nelson stated to me after the hearing on April 23, 2002 that it was a surprise to him that the Department pursued my case. He thought my penalties were severe according to my involvement compounded to others. $1,200 and fined and over a year had already passed as the report stated I have lived hear all my life. (61 years.) I have hunted and fished in N.M. for almost 50 years. I have never had a hunting or fishing citation. I would think that alone would have some bearing on my case. And at my age (61) and my health (arthritic) I don’t know how many years I would be able to hunt. I know hunting and fishing is a privilege, and it can be taken away when you break the law. I would ask the Commission not to revoke my hunting and fishing privileges. I would be glad to do community service or other things. Thank you for your time and consideration. Lonnie S. Barber.”

COMMISSION DISCUSSION: Chairwoman Stevens state in Mr. Barber’s letter, regardless of what comments were made by either the judge or an officer that does not in any way change the facts in the case, and that is what the Commission is here to look at. If it he is fully aware that it is a privilege that can be taken away when he breaks the law, then he should understand the results. Commissioner Hurt asked Brooks if Mr. Barber had his son’s licenses, did not shoot the elk, turned over the tags and possessed the animal. Brooks stated that was correct. Commissioner Hurt asked if there had been any ramifications against the actual licensee. Commissioner Padilla asked what happened to the person who shot the elk. Brooks stated he was prosecuted.

MOTION: Commissioner Weaver moves to uphold the decision of the Hearing Officer; Second by Commissioner Padilla.

VOTE: Voice call vote taken. 4 in favor; 1 opposed. Motion carries.

OLD BUSINESS

AGENDA ITEM NO. 7. Headquarters Building Phase II (sale of Richards Avenue property.

Presented by Scott Brown – Brown stated this Agenda Item was tabled at the May Commission meeting. The proposal at that time was to put the warehouse property on the market in Santa Fe at a bid price of one million dollars and utilize that money to proceed with Phase II of the headquarters building. Since the May meeting, the Department has been committed to spending a larger amount of money on Eagle Nest and so at this point in time the Department feels it is not wise to proceed with Phase II at this time. In the future, the Department would like to get to the point where the money can be appropriated, build Phase II and then sell the property to reimburse the Game Protection Fund. This will not be kept as old business.

COMMISSION DISCUSSION: Chairwoman Stevens asked if there was any benefit to having the property listed. Brown stated there were concerns, one of the first things that would have to be done prior to proceeding with Phase II is have that money in budget and appropriated for Phase II. The money derived from the sale of the property would go directly to Phase II of the Headquarters Building. To put it on the market now, and possibly sell it, the money would immediately go into the Game Protection Fund which would cause problems if a license fee increase where the money could be siphoned off into normal operations rather than go towards a headquarters Phase II.

MOTION: Commissioner Padilla moves to accept the Department’s recommendation; Second by Commissioner Growney.

VOTE: All present vote in the affirmative. Motion carries.

AGENDA ITEM NO. 8. Depredation Assistance (19 NMAC 30.2); Discussion and Amendment to the Rule, Forage Lease Value Considerations

Presented by Dan Brooks – As per Commission request, the Department presented rule language for consideration that will allow only the legal amount of forage value to be considered and that it not exceed $5,000 for a single lifetime occurrence and that it must address a permanent resolution. Because there are various options of forage value especially from owners, the Department is recommending using scientific methods to determine forage utilization by big game. The Department believes this is a means to help take some of the guesswork out of depredation damage or value using a best science approach. The Department is recommending amending 19.30.2. Language addition and changes on 19.30.2 were reviewed.

PUBLIC COMMENT:

Ed Machin – Wanted to clarify damage would not be paid.

Caren Cowen – Asked how the Department arrived at the $5,000 figure. Brooks stated the biggest consideration is limited funding. Brooks stated the Department wants to move forward with a permanent solution and make funding available for those that qualify for a forage lease. There is not actually some formula that says $2,500 a year is going to pay for a section being grazed by elk. The number was derived at to look at the amount of money available because fencing will be a larger amount. This was a way of attempting to slice up the pie and make that available as the Department moves forward to a permanent resolution. This number is a maximum and they could actually receive less. Ms. Cowen stated to her understanding the Department has already entered into something that is substantially higher than that and asked where they get into a fairness deal. This number does not seem fair to those coming down the road. Director Bell stated another issue for consideration is the Big Game Damage Bill seems to indicate that the Department should move to that permanent solution. The higher the forage values are for forage lease the more that encourages a long term continued lease that doesn’t bring a permanent solution. By putting a lower cap on leases should encourage a permanent resolution.

Jim LaDuke – Felt issues should have been taken up prior to agreeing to a contract with Mr. David Sanchez on depredation fencing agreement and too large of an amount of money was paid. Felt this action would turn the Department into an appraisal business.

Joel Alderete NM Farm and Livestock Bureau – Voiced concerns on Department’s recommendations. Asked if this was forage lease only. Brooks stated yes.

COMMISSION DISCUSSION: Commissioner Hurt responded to Mr. LaDuke’s comment reference the Sanchez agreement. Commissioner Hurt stated the agreement was a lot of money and this is public money that the sportsmen of New Mexico are paying. The reason the Commission is moving towards a limit is to try to get it to where there are not just coming at the Commission for funding. The permanent solution is what is being sought. Chairwoman Stevens reiterated the goal is to move to a permanent solution as quickly as possible and get to that point in an expedient way.

MOTION: Commissioner Ortega moves to approve the Department’s recommendation; Second by Commissioner Weaver.

VOTE: Voice call vote taken. All present vote in the affirmative. Motion carries.

Director Bell reminded the audience that they have seen a very responsive Commission to this issue and as they and the Department continue to deal with this it has been found that modification and flexibility is needed.

AGENDA ITEM NO. 9. Upland Game Rules (19 NMAC 31.5); Adoption of Rule for

2002-2003 Seasons

Presented by Tim Mitchusson – Amendments to the 2002-2003 Upland Game Regulations are necessary in order to update resident upland game regulations and conform to federal frameworks on migratory species (i.e., teal, Sandhill Crane, dove, and Band-tailed Pigeon) and adjust hunting opportunity on these species where appropriate. Mitchusson stated the reason Teal are on Upland Game Regulations is because of the federal regulation cycle. Anything that opens prior to October 1 has to be handled during the June State Regulations Committee meeting so the regulations can be placed in the Federal Register to be in effect by the time September 1 starts. The Department is recommending the following: (1) Adjust upland game season dates for current calendar year; (2) Season dates and bag limits for the special Middle Rio Grande Valley, Southwestern New Mexico and Estancia Valley sandhill crane hunts; (3) Number of permits for the special sandhill crane hunts; (4) Adjust falconry upland game season dates for the current calendar year. Amendments to the regulation were reviewed.

PUBLIC COMMENT:

Bob Nordstrom – Addressed Sandhill Crane hunt. Felt it interesting that a depredation hunter, gets to shoot 1 a day or 2 total and has to take that bird to Bernardo to get it checked. Would be more in favor of having less permits issued to depredation and allow taking an extra bird. Was not in agreement with having to drive from Albuquerque to Bernardo to get 1 bird checked. Mitchusson stated the reason the check stations are required is because of a very strict harvest allotment and part of the requirements on the Sandhill Crane Plan is that winter states that do not count all the birds harvested as Rocky Mountain Population Crane have to have a check station. All other states, to get around that, allow only 1 bird per season and they count every bird towards their allotment. This way, more hunters are allowed more opportunity to hunt crane.

COMMISSION DISCUSSION: Commissioner Growney stated it made sense to him to have more than one checkpoint, possibly Albuquerque, as opposed to driving to Bernardo and asked if that was a possibility. Mitchusson stated it was a possibility but it also had to be recognized that there is no hunting south of Isleta Pueblo. You’re only talking 20 miles from the northern boundary to Bernardo and almost all the hunters hunt down around Socorro County have to come back through Bernardo and that is why the check station is in Bernardo. Commissioner Weaver asked what happened to the falconry season on the WMA. Mitchusson stated that would be handled on the waterfowl presentation. Commissioner Padilla asked how the Youth Pheasant Hunt was working out, if it was filling with applicants and hunters. Mitchusson stated it has been over subscribed for the last two years and also Bitter Lakes National Wildlife Refuge is proposing a youth hunt this year during the same timeframe. The current number of permits is pretty much to the maximum of what the habitat can support and number of personnel that can be placed in the field. The Department has looked at the possibility of offering youth hunts at Bernardo for pheasant, but currently the habitat is not there to support the number of pheasants that would be conducive to a productive hunt. Commissioner Padilla asked if the hunters had to be accompanied by Department personnel. Mitchusson stated they do not have to be accompanied by Department personnel but there are many volunteers and Department personnel that go out and assist with the hunt. Commissioner Padilla asked if it would be a hardship to expand it to other areas i.e. Clovis, Pleasantville. Mitchusson stated the Department does not have property that can be controlled there; it would have to be a youth hunt offered to the general public on private property. Commissioner Padilla asked with written permission of the landowner if that would be a problem. Mitchusson stated he did not see it as a problem; it would just be another day out there for pheasants. Commissioner Padilla stated the reason he was asking is to encourage youth into hunting and the Department should move in that direction to encourage that. Mitchusson stated he was not sure on how to address that this year, but it could be taken into consideration for next year’s regulations.

Chairwoman Stevens entertained a motion to include the words “to amend 19.31.5”.

MOTION: Commissioner Weaver moves to include the words “to amend 19.31.5” as presented; Second by Commissioner Hurt.

VOTE: Voice call vote taken. All present vote in the affirmative. Motion carries.

AGENDA ITEM NO. 10. Waterfowl Recommendations (19 NMAC 31.6) Approval of Framework for 2002-2003 Seasons – Non-action item.

Presented by Tim Mitchusson – Mitchusson stated due to the factor of changes in the federal frameworks is still being worked on this presentation is informational only. The Department is not sure what the frameworks will be until after the July Central Flyway Council meeting. This is a non-action item and will be addressed in August. Amendments to the 2002-2003 Upland Game Regulations are necessary in order to update waterfowl regulations and conform to USFWS frameworks on migratory species and adjust hunting opportunity on these species where appropriate. The Department is recommending the following: (1) Adjust waterfowl season dates and bag limits for the current calendar year and federal frameworks; (2) Adjust falconry waterfowl season dates for the current calendar year, (3) Adjust Youth-Waterfowl Hunting Days season dates for the current calendar year. Recommended amendments to the regulation were reviewed.

PUBLIC COMMENT:

Matthew Mitchell, NM Falconers Association – Thanked the Department for considering allowing falconers on WMA Area. Group is in full of support of allowing falcons in those areas during the off days.

COMMISSION DISCUSSION: Commissioner Padilla asked what the pintail breeding ground areas were. Mitchusson stated, if you are talking Central Flyway, on years like this year they over fly and a large majority go to Alaska, Siberia and several from New Mexico have ended up in Northwest Territories and that is not favorable breeding conditions for pintails.

NEW BUSINESS

AGENDA ITEM NO. 12. State Game Commission Approval Sought for Habitat Stamp Program Projects

Presented by Dale Hall – In partnership with Federal land management agencies, sporting/conservation groups, and the Department; habitat improvement projects have been designed for funding by the habitat Stamp Program. These projects have been reviewed, approved, and prioritized by five regional Citizen Advisory Committees. The committees, through the Department, will present new projects to be initiated in the 2003 and 2004 fiscal years to the State Game Commission for public review, comment, and approval. The Department is recommending: (1) Approval of a standing wildfire rehabilitation project and (2) Approval of the new Habitat Stamp projects to be initiated in 2003 and 2004. The wildfire rehabilitation project has been used in the past to speed up the process of repairing fire damaged water structures, fences, and to include seed mixtures that benefit wildlife in the standard fire rehab mixes (usually grasses only). The Commission-liaison to the Habitat Stamp program, Commissioner Hurt, would approve any expenditure on these types of projects. Up to $100,000 per fiscal year is set aside for these types of emergencies. Last June 2001, the State Game Commission approved a tentative list of projects to be initiated in the 2003 project-year. Subsequently, $1,184,000 worth of projects were funded. As such adjustments have been made and some new 2003 projects have been developed for Commission consideration. A listing of the projects was provided the Commission. As of January 30, 2001, the Department has an unreserved fund balance of about 2 million 100 thousand and are financially doing well and taking steps to spend down that balance to a 1 years expenditure of about 1.2 million dollars.

Chairwoman Stevens asked if the balance include the Emergency Funds or if it was a separate account. Hall stated it was housed in the reserved balance at a rate of 100 thousand dollars per year.

PUBLIC COMMENT:

Jim LaDuke – Asked if it would be feasible on one of these projects to dig a big hole by Bonita Creek and other streams where the water would lay in the stream, sustain the water to keep the trout alive. Hall stated this could be done, but at this point in time it would be too late. Whenever you go digging into the stream there are all kind of federal permits that need to be obtained and it is difficult to do. A lot of fisheries structures are done and some are planned for 2004 and 2005. Hall stated he would bring Mr. LaDuke’s suggestion to the attention of the Forest Service that maybe Bonita Creek would be a good place to do some of those fish structures.

R.L. Posey –Encourage the Commission to approve the emergency rehab projects.

COMMISSION DISCUSSION: Chairwoman Stevens asked, under the current circumstances with drought and fires, if it was felt that 100 thousand was enough in the Emergency Fund or should it be considered increasing monies to meet the needs. Hall stated what was being asked today was to approve up to 100 thousand dollars in Emergency Funds and if the Department gets close to spending that real early they could come back at a future Commission Meeting and request full Commission approval to go forward. Director Bell stated the only issue that is for the 2003 projects. Those were submitted to the Legislature in budget and only a certain amount of that was appropriated. To expand on that the Department would have to do budget increase authority and get that approval through DFA as well. Commissioner Ortega asked if the Department was the only one that put in money on the Emergency Fund or if the partners also came in with some emergency money. Hall stated with this new fire money that has come the Federal Government has really stepped forward. Commissioner Growney asked that over the last few years, out of the emergency wildfire rehab dollars, if he has some sort of estimation or actual facts as to how the Department has spent in previous years doing restoration. Hall stated last years was the first year the Department instituted the fire rehab as it is. In the past there was a different process. In the past, like the Cerro Grande, there was a water development project actually melted down and so the emergency process was used. Others have been done in this area and they amounted to about 6 thousand for one shot, another 8 thousand. But this was the first time this new process was evoked through the commission liaison as it stands now.

MOTION: Commissioner Hurt moves to approve the Habitat Stamp projects as presented by the Department; Second by Commissioner Growney.

VOTE: All present vote in the affirmative. Motion carries.

AGENDA ITEM NO. 13. Shooting Preserve Application – Felix Rivera Ranch Inc. Presented by Roy Hayes – The Department is recommending approval of a proposed Shooting Preserve – High Lonesome Hunting Park (Felix Rivera Ranch). The proposed preserve consists of 1280 acres of deeded land located southwest of Roswell in Chaves County. Proposed species include pheasants, chuckars, and scaled quail. The proposed species will be purchased from a Department permitted propagation facility.

PUBLIC COMMENT: None

COMMISSION DISCUSSION: None

MOTION: Commissioner Hurt moves to accept the Department’s recommendation. Second by Commissioner Padilla

VOTE: Voice call vote taken. All present vote in the affirmative. Motion carries.

AGENDA ITEM NO. 14. Trapping and Furbearers (19 NMAC 32.3); Opening the Rule for Input and Future Adoption

Presented by Rich Beausoleil – Beausoleil stated this presentation is informational only and no action was being considered today. Currently, Regulation 19.32.2.10 mandates that all traps set on land not exceed 6 ½ inches. Therefore, if a trapper modifies his/her trap with lamination, a technique that has been scientifically proven to make the trap more efficient and humane, the trap becomes illegal. Currently Regulation 19.32.2.11 does not direct trappers to carry a release device. This may result in unnecessary removal of pets or animals not possessing prime fur. Modifications to the current furbearer regulations would facilitate improved trapping techniques, proactively prevent the loss of domestic pets, and potentially prevent unnecessary loss of wildlife with non-prime fur. The Department is recommending the following changes to Regulation 19.32.2.10 NMAC Manner and Method of Taking Furbearers: 19.32.2.10(2) NMAC - adding [or 7 inches if laminated]; and 19.32.2.11(A) NMAC Trap Inspection and Furbearer Removal – adding [A release device or catchpole shall be carried to release pets and may be used to remove non-target or undesirable animals.]

PUBLIC COMMENT:

Jim LaDuke –Trapping of muskrat, nutria, beaver and raccoon is being done in April. At this time the animals are carrying their young. Feels April season should be eliminated completely. Trapping is starting October 15 through March 15 for bobcat, fox and badgers. In October, these pelts are not prime therefore feels the season is starting too early. Commissioner Padilla requested the Department respond to Mr. LaDuke’s concerns. Beausoleil stated what was done years ago when the regulation was put together was to seek information from trappers about prime condition. When it was summarized and looked at the Department wanted to make the Regulations as easy to understand as possible so this kind of covered the gamet. Beausoleil stated in a sense they have been relying on educated trappers, such as Mr. LaDuke, on when they would target certain animals. About 11 to 12 hundred licenses are sold a year so there has not been too much of a push for the Department to separate out seasons by species yet. That certainly is a consideration, but at this time does not feel it should be pursued. If more comment is received the Commission will be notified at the next Commission Meeting. The Rule will remain open through August.

COMMISSION DISCUSSION: None

AGENDA ITEM NO. 16. Share with Wildlife Projects to be funded for FY2003-2004. Presented by Jane MacCarter – A list of Share with Wildlife projects recommendations to fund for FY 2003-2004 was presented to the Commission. The recommendations represented project support for Current state-Threatened or state-Endangered species or New Mexico Species of Concern. These new projects will assist the Department in gaining additional knowledge in order to write Recovery Plans for State-listed species or help preclude the need to list other, at-risk species as Threatened or Endangered; Continuing or specific projects that have previously received Commission approval and support; and projects that help fill unmet Department needs to obtain necessary scientific information regarding certain species. MacCarter stated if approved, the list of projects will be incorporated into the Department’s budget request. The recommendations have undergone the review process by Department personnel and are now before the Commission for final approval.

PUBLIC COMMENT: None

Director Bell added to MacCarter’ proposal and that of Dale Hall that Commission action on these items today gives the Department the ability to move forward in its budget preparation.

COMMISSION DISCUSSION: Commissioner Padilla would like to see more money go to the Wildlife Center. MacCarter stated that could be done if that is the pleasure of the Commission. Although, funds would have to be taken from projects presented to do so. Chairwoman Stevens asked if these items receive some type of priority and that is how they are arrived at. MacCarter stated that was so. Commissioner Ortega believed that the Wildlife Center is a non profit organization therefore they wished to give it seed money but would like to see others that are concerned about wildlife also be able to put money towards their effort therefore not make them totally dependent on the Department. Director Bell stated the funding was increased from the original proposal submitted and that did come up in price from what the original proposal was from $1,000 to $2,500. In addition the Department does provide other supplemental funding to the Wildlife Center when they do things such as holding animals that are needed for evidence or last year when they were housing the 27 bear cubs which resulted in Operation Bear Den funding to them was increased by other sources other than Share with Wildlife by $5,000. Along with that the Department also proposed that there are a number of entities, especially in the non-game community that are always looking for ways to contribute to wildlife in things other than hunting. If the Commission desires to further increase that the Department has to decide what project to take that funding away because the mechanism in Share with Wildlife is limited to the $74,000. Chairwoman Stevens stated it was her opinion that the $2,500 in addition to what has been given them in the past is quite generous and if there is mechanisms to support them in other ways the amount should remain as $2,500. Commissioner Padilla, after what he heard, withdrew his request. Commissioner Padilla noted there was currently a movement for Legislation for other sources of revenue for non-game species and asked if MacCarter was involved. MacCarter stated she was not involved, but would like to learn more about it. Director Bell stated there is a group called the Wildlife Funding Alliance and that stems from a long history with the Department. This group has formed in order to begin to work on a permanent funding source and solution to be put into the Game and Fish Department in order to provide the necessary funding for the non-game species on a permanent basis. They are moving forward with a variety of proposals. They have looked into things such as the 1% sales tax, and ultimately have decided not to go with that. Director Bell asked Ed Machin if he remembered the presentation by Dale Jones at the State Wildlife Federation Board meeting as to what the primary emphasis now was for the Wildlife Funding Alliance as that alternate funding source. Ed Machin’s recollection was they went for 1/8 of a cent tax that was rejected and knew of nothing coming up except for an alliance group and the thought there is to go for a sales tax for that purpose. Machin felt there was little hope of seeing the Legislature approve a sales tax for something like this. Director Bell stated to his recollection they backed off of the 1/8% sales tax initiative and are looking at other funding. Director Bell stated he would update the Commission at the next meeting or send it in writing.

MOTION: Commissioner Weaver moves to approve the Department’s recommendation; Second by Commissioner Growney.

VOTE: Voice call vote taken. All present vote in the affirmative. Motion carries.

AGENDA ITEM NO. 17. Aplomado Falcon.

Presented by Chuck Hayes – The Peregrine Fund has developed a proposal to release aplomado falcons in New Mexico with the stated intent of providing increased security of this species, and for the benefit of people who enjoy this falcon. The document described 3 administrative options for conducting releases of captive-reared aplomado in New Mexico. The options are to use an experimental, non-essential (10-j) designation to establish an experimental population; to use Safe Harbor agreements between landowners and the U.S. Fish and Wildlife Service for releases of aplomado on non-federal lands, in conjunction with a biological opinion that authorizes some level of incidental take as a result of federal land uses; or the use of Safe Harbor agreements for releases on non-federal lands and a programmatic biological option plus formalized agreements with federal agencies for releases on federal lands. Hayes gave information on the biology/status of the falcon in New Mexico along with a proposal for work geared towards restoration of aplomado in New Mexico. Hayes stated the Department’s current involvement in aplomado recovery is by actively supporting surveys and monitoring activities; providing technical input to management agencies and other interests. Aplomado recovery proposal: The Peregrine Fund has submitted a proposal stating its intent to pursue releases of captive-reared aplomados in New Mexico; proposal describes different ESA administrative mechanisms for releases. Considering options for aplomado recovery can allow natural re-colonization by native stock to proceed; could develop a captive flock from nearby Chihuahua stock for eventual release; and can release captive birds of tropical southern Mexico origin into New Mexico to increase current numbers of aplomados within the state. Department’s decision points regarding release proposals or should we pursue Safe Harbor or 10-j designation federal process. Department will have to review, evaluate, and respond to request for importation, possession and handling, etc. if release process proceeds. The Director’s recommendation is to support USFWS’s development of an experimental, nonessential (10-j) population rule, with specific 10-j areas to be jointly decided among agencies, and to actively participate and provide direction in any release program that occurs. The Department is requesting input, direction and/or concurrence from the Commission.

Director Bell stated the proposal first came to him in the opportunity to be involved in the revision of the recovery plan for the Aplomado falcon followed by the peregrine fund proposal. As he began to look at that he started to think about the Department’s efforts and often times they are lacking and a lot of times it is the wait and see approach in the endangered species. The Department is moving in the direction of hiring two endangered species recovery biologist in order to advance the true recovery of some of the wildlife species instead of just the listing of the wildlife species. This a great opportunity to use captive bred birds and commit to some true recovery effort. Bell stated it is his hope today that after hearing the comment that the Department is able to support the USFWS in a 10-j listing that the Commission will offer its support for the use of captive bred birds and allow the Department to proceed in the direction of working with the peregrine fund to further develop that program and the releases, also in connection with the USFWS.

PUBLIC COMMENT:

Angel Montoya representing the Peregrine Fund asked the Commission’s permission to give a short presentation. Director Bell stated this is a huge project and the direction it moves in towards recovery will be dependent on the Commission’s decisions and guidance. Director Bell felt the more information the Commission has in guiding the decision is imperative. Chairwoman Stevens agreed but also noted that this should have been scheduled.

Tom Wadell, Armendaris Ranch – In favor of aplomado falcon recovery project.

Caren Cowen, NM Cattle Growers Association – Not taking a position at this time, but in favor of 10-j approach. Would like to be involved.

Joel Alderete, NM Farm and Livestock Bureau - In favor of 10j and also would like to be involved.

Ed Machin – In favor, but would not like to see Endangered Species Act used in obtaining this.

Angel Montoya representing the Peregrine Fund: Gave update on the project in south Texas and what is being done in Chihuahua with the Aplomado falcon. Presentation consisted of the following: Goals to establish viable populations through releases of captive bred young; Monitoring of released falcons; Justification of project, project can be non-conflictive and non-political in nature and promotes creative solutions to problems; Ongoing activities to overall program; Captive breeding program information; Release program; Success rates; Monitoring program in South Texas and activities planned for 2002.

COMMISSION DISCUSSION: Commissioner Growney commended the Department and all those involved in project, from his perspective it looks very worthwhile and feels the Department should seek policy to pursue it. Commissioner Hurt’s concern is that they do pursue with 10-j designations so that it does not inhibit any of the agricultural production in southwest New Mexico. Chairwoman Stevens was in agreement. Commissioner Stevens asked the Commission for direction for the Department.

Director Bell stated that based on the presentation by the Department it is recommended that the Commission make a motion supporting the Department or directing them to proceed to the Fish and Wildlife Service with support for 10-j listing and directing the Department to participate in recovery of Aplomado falcon using captive bred birds.

MOTION: Commissioner Padilla moves to direct the Department as stated by Director Bell; Second by Commissioner Ortega.

Commissioner Weaver asked if captive bred birds would be Peregrine Fund birds and not the birds out of Chihuahua. Director Bell stated it is anticipated using the captive bred birds from the Peregrine Fund. Director Bell went on to state at the August meeting, or at a subsequent future Commission Meeting, that the Department will bring forward a formal proposal that would essentially be the State’s Recovery Plan. The State is mandated under the Wildlife Conservation Act to assist in the management and recovery of federally listed endangered species and to develop state recovery plans. Director Bell stated the Department would like the opportunity to work with the Peregrine Fund based on the direction given by the Commission today to develop, in connection with the Peregrine Fund, a state recovery plan and following all the guidelines and laws and also working in conjunction with the U.S. Fish and Wildlife Service on there recovery plan as well.

VOTE: Voice call vote taken. All present vote in the affirmative. Motion carries.

AGENDA ITEM NO. 11. Drawings for issuance of Bighorn Sheep Enhancement License

Authorization (19 NMAC 31.7) and Elk and Oryx Incentive License Authorizations

(19 NMAC 31.8)

Presented by Scott Brown – 19 NMAC 31.7; Big Game Enhancement Rule provides for the issuance of one bighorn sheep license authorization through a lottery. 19 NMAC 31.8; Big Game Rule provides for the issuance of two mature bull elk license authorizations and five oryx license authorizations through a random drawing to deer and elk hunters who forwarded their previous years harvest survey forms to the Department by the published deadline. The Department is recommending that the drawing take place to fulfill the obligations of the Commission Rules.

Director Bell stated a few years back the State Game Commission had a concern that the Department was not getting sufficient harvest information. In an effort to encourage the public to participate in sending their harvest survey reports the Commission instituted 7 incentive licenses.

Drawing No. 1

Drawing by NM Department of Game and Fish – Hunter Report Incentive Program.

2 Valle Vidal Elk Permits (random drawing).

Page 23; Column 2; 48 – 46509-David Lenard, Hobbs, NM

Page 2; Column 2; 22 – 15333114 – Ray Wright, Belview, TX

Drawing No. 2

Drawing by NM Dept. of Game and Fish – Hunter Report Incentive Program.

5 Oryx – Successful may choose from public sport hunt of their choice (random drawing).

Page 36; Column 2; Row 20 – 52027 – Stephen Duffield, Clovis, NM

Page 10; Column 9, Row 19 – 26095 – Tony Holguin, Las Cruces, NM

Page 4; Column 1; Row 21 – 6181 – Antolin Guillen, Chaparral, NM

Page 9; Column 5; Row 4 – 56477 – G. W. Butler, Torreon, NM

Page 21; Column 4; Row 43 – 128590 – Johnny Atencio, Dixon, NM

AGENDA ITEM NO. 10 (Revisited) - Chairwoman Stevens stated there was an item for clarification that needed review. Director Bell stated that was Agenda Item No. 10, Tim Mitchusson, on clarification on the Federal Frameworks. Mitchusson stated that due to the fact that is unknown what the Federal Frameworks will be, asked direction for direction from the Commission. If the Commission wished to extend the season towards the end of January or to keep as is in order to set up the Regulations in the Proclamation and get that in process. Mitchusson stated when it comes to waterfowl season birds are already starting to return north during the late period. The Department’s recommendation is to keep it as it is and stay with the approximate January 19 closing dateCOMMISSION DISCUSSION: Chairwoman Stevens asked it were moved if it would create somewhat of a fiasco to negotiate everything else around that date. Mitchusson stated that was so. Chairwoman Stevens asked the Commission if there were any objections. Commission was in full support of Department’s recommendation.

Director Bell added through the cooperation obtained with the FNAWS, not only do they do the Department’s auction permit yearly at their annual convention, but also the local chapters handle the raffle licenses. Those create substantial amounts of funding into the rocky mountain and desert bighorn sheep programs. Director Bell stated the Department is truly thankful for the efforts. The raffles take a lot of time and effort on committee members.

Chairwoman Stevens requested introduction of those representing FNAWS.

Ken Schauer; John Boretsky; Elise Goldstein; Director’s Scott Ackleson and Andrew Pedroncelli.

Mr. Schauer stated FNAWS had a great year thanks to the auction hunter choosing to hunt Rocky Mountain sheep. This is the 3rd annual raffle. The 1st year $43,000 was obtained in $20.00 tickets, the 2nd year, $38,000 and this year over $56,500.

Drawing No. 3

Sponsored by NM Dept. of Game and Fish – Ticket sales sponsored by FNAWS

1 Desert Bighorn sheep (lottery)

Glenn Landers, Washington, DC

AGENDA ITEM NO. 18. Proposal to transplant rocky Mountain Bighorn Sheep from New Mexico to Arizona in Exchange for transplanting Mexicana Desert Bighorn Sheep from Arizona to New Mexico.

Present by Luis Rios – the Department is requesting approval for the exchange of Rocky Mountain bighorn sheep from New Mexico for desert bighorn sheep from Arizona. The initial trade would be of approximately 30 desert bighorn in exchange for approximately 30 Rocky Mountain bighorn. Subsequent transplants for a total of up to 60 desert bighorn and 60 Rocky Mountain bighorn over a 5-year period would also be considered. The Department is recommending supporting the transplant. Receiving desert bighorn will increase the population size, and assist in attaining the Departments goal of de-listing the species. Sending Rocky Mountain bighorn to Arizona will assist with their bighorn program and it will serve to decrease the number of Rocky Mountain bighorn in New Mexico’s high-elevation herds. These herds tend to increase to carrying capacity and in the interest of herd health and quality ram hunts, the populations should be kept below this number. Sending them to Arizona would help achieve this goal and if Commission approves, a proposal will be sent to Arizona tomorrow.

PUBLIC COMMENT:

Jim LaDuke – Asked if the Desert bighorn sheep were going to federal land. Director Bell stated the best release site would be the San Andres National Wildlife Refuge in the San Andres Mountains. LaDuke asked if hunting of the sheep would be allowed in the future. Director Bell stated the Department’s desire is to have a huntable population as well as using those on the Refuge for future transplants. LaDuke asked if the hunter would be loosing hunting of rocky mountain bighorn by bringing in the Desert bighorn in trade for the rocky mountain bighorn. Director Bell stated no hunting opportunity loss would occur on rocky mountain bighorn sheep. Those populations in the northern reaches, especially in the Pecos Wilderness, are at carrying capacity and further growth is anticipated of both the Wheeler Peak and Latir herds where transplants will be eminent as well.

John Boretsky - In favor of trade/transplant between New Mexico and Arizona.

Ken Schauer, NM Chapter of FNAWS - In full support of the Department's decision.

COMMISSION DISCUSSION: Commissioner Hurt asked what the estimated cost of the trap and transport will be. Director Bell stated last year it was between 80 to 100 thousand. Chairwoman Stevens stated this year Arizona will bear the cost and the following year the Department.

MOTION: Commissioner Hurt moves to accept the Department’s recommendation for the transplant; Second by Commissioner Padilla

VOTE: voice call vote taken. All present vote in the affirmative. Motion carries.

AGENDA ITEM NO. 15. Preventative Lion Control (19 NMAC 30.6); opening the Preventative Lion Control Rule for amendment.

Presented by Luis Rios- Desert bighorn sheep have been present in very low numbers in the San Andres Mountains. Primary cause of desert bighorn sheep mortality in other areas has been cougar predation. In anticipation of a desert sheep release in the fall of 2002, preventive cougar removal is necessary to assure success of the transplant. Cougar control is an integral part of the proposal to reestablish Desert bighorn sheep in the San Andres Mountains. Proposed changes to Rule 19.30.3.11 were reviewed. The Department is recommending amending the Lion Control Rule to include the San Andres Mountain Range.

PUBLIC COMMENT:

Jim LaDuke – In favor of Department’s recommendation.

COMMISSION DISCUSSION: None

Luis Rios stated this was opening of the Rule, comment period, and the Department was anticipating passing of this Rule at the next Commission Meeting. Director Bell asked Rios when removal needed to begin. Rios stated as soon as possible but August would be fine. Chairwoman Stevens commented that unless there was some legal ramification why the Commission needed to wait on this the Commission would move forward on this today. Director Bell stated the Open Meeting Act Regulation adopted by the State Game Commission requires for a rule making process that the Rule be open 10 days in advance of the Commission Meeting. That deadline was met well in advance and if the Commission chose to act upon this today it would be proper under the Open Meetings Act Regulation.

MOTION: Commissioner Growney moves that the Commission adopt the Preventative Lion Control measure recommended by the Department at the present time; Second by Commissioner Hurt.

VOTE: Voice call vote taken. All present vote in the affirmative. Motion carries

COMMISSION DISCUSSION: Commissioner Padilla, on the subject of sheep transplant, a number of years ago the Department attempted to transplant sheep into the Cabaillo Mountains that was met with opposition. As a result of that there was no transplant. Commissioner Padilla stated he would like to see either the Commission or the Department try to reopen that. Department personnel have told him they are short on release sites and Cabaillo Mountains is a natural place for Desert bighorn. Commissioner Growney was curious as to what the circumstances were in that event that would of caused the Municipalities in that area, as stated by Commissioner Padilla, to take a negative stance. Steve Henry stated there were some issues that the Cabaillo Mountains are used quite a bit by the people there for recreation. They were concerned if sheep were transplanted the area would be closed to recreation. Director Bell added that the Department’s proposal was to close the range to entry for 1 or 2 years so the opposition came about that the people would not have the ability to continue to recreate, conduct mining activities, etc. Commissioner Padilla asked if it would be realistic to look into again. Director Bell stated the Department’s preference at this point is to expend efforts in the San Andres and Pelloncillos where there are existing populations and bring those population levels to sustainable and growing herds then worry where to go next. It will be several years out before this can be accomplished.

AGENDA ITEM NO. 19. Bond Interest Retirement Fund for the purchase of Eagle Nest Lake.

Barbara Morin – The Department is requesting approval of the Commission to transfer $500,000 from the Bond Interest and Retirement Fund as part of the funding package to purchase Eagle Nest Lake. State Board of Finance approval will also be required in order to expend these funds. The State Game Commission approved the funding package for the purchase of Eagle Nest Lake at the May 10, 2002 Commission Meeting in Tierra Amarilla, NM. Legislature convened in Special Session and passed Chapter 2, Laws of 2002 relating to the purchase of Eagle Nest Lake. The appropriations contained within this legislation included revenues from several sources overseen by the Department and State Game Commission. An updated report on the impact of this appropriation to the Bond Interest and Retirement Fund was presented to the Commission.

COMMISSION DISCUSSION: None

MOTION: Commissioner Ortega motions to move forward approving the utilization of $500,000 from the Bond Interest Retirement Fund; Second by Commissioner Growney.

Commissioner Padilla requests a roll call vote.

ROLL CALL VOTE: Director Bell calls roll.

Commissioner Growney Yes

Commissioner Hurt Yes

Commissioner Ortega Yes

Commissioner Padilla No

Commissioner Weaver Yes

Motion passes 4 to 1

AGENDA ITEM NO. 20. State Lands Lease

Scott Brown – Brown stated State Trust Land, which is managed by the State Land Office, is viewed as public land and in fact it is not, it is owned and managed by the State Land Office. Its primary purpose is to provide financial resources to the schools in the State of New Mexico. Subsequently a permit needs to be purchased from the State Land Office to recreate on State Trust Lands. The Department, for a number of years, has had a lease with the State Land Office in order to allow access to State Trust Lands by hunters, anglers and trappers during open season. The lease presented to the Commission is the same the Department has had for the last couple of years. It is based upon 1991; lease price of $100,000, then with inflation figures figured in the lease is about $125,000 to $130,000. The only change is this has been approved through Commissioner Ray Powell and will be for 3 years beginning July 1, 2002 through June 30, 2005.

COMMISSION DISCUSSION: Commissioner Ortega asked if the lease presented to the Commission was a copy of the old lease. Brown stated no. There are no changes except for the date. One of the major changes was the lease was amended to allow scouting 7 days prior to hunting. There are no other changes from the last lease to this one except for the dates. Commissioner Growney asked, historically, if it was an annual lease entered into with the State Land Office. Brown stated yes. The last lease entered into it was a 2-year lease. This one is a 3-year lease. Brown stated this does not necessarily open up all state lands. It is only State Land with valid access to the hunters. This allows them to enter without permission for hunting, fishing and trapping activities. There is no camping unless they get permission from the permittee that controls the grazing.

MOTION: Commissioner Growney moves to adopt the lease as proposed by the Department; Second by Commissioner Hurt.

VOTE: All present vote in the affirmative. Motion carries.

AGENDA ITEM NO. 21. Commission/Department Discussion

Chairwoman Stevens stated Roberta Henry has organized and arranged a short course in wildlife to be given by NM State Cooperative Research Unit for the Commissioners. This will take place in Las Cruces, NM on September 13th through 15th. Dr. Bruce Thomas stated they can go forward with the planning and work with Department staff. The actual count on attendees is not crucial today. Director Bell stated the Department is looking at 12 attending and extended a formal invitation to allow 6 or 7 representatives from other groups to attend with the Commission. Groups mentioned were the Rocky Mountain Elk Foundation; Guides and Outfitters; Safari Club; Wildlife Federation; Environmental Groups, etc. Director Bell felt if people saw the imitative put forth by this Commission in trying to learn and get a basis of knowledge for wildlife it would give them more confidence in Commission decisions. All would benefit from the effort put forth by NM State. Director Bell stated, with Commission approval, he would send out letters extending the opportunity. Chairwoman Stevens agreed.

Future Commission Meeting Scheduled:

MOTION: Commissioner Growney moves to have a September 27, 2002 NM State Game Commission meeting in Las Vegas, NM; Second by Commissioner Padilla.

VOTE: All present vote in the affirmative. Motion carries.

Director Bell recognized the Gila Chapter of the Mule Deer Foundation. After the Department’s announcement this week of the outbreak of Chronic Wasting Disease and also the announcement of borders now being closed to the import of all live deer and elk and other members of the cervid family. The Mule Deer Foundation has generally made available to the Department $1,000 in order to assist the Department in combating CWD through either testing or research needed to better understand the disease and control its spread within the state. Director Bell requested Steve Henry draft a letter on behalf of the Commission recognizing their efforts and the Department’s appreciation.

Director Bell stated the Department has received a notice in the Federal Register for the Landowner Incentive Programs and requested of Ms. Lisa Evan to brief the Commission.

Lisa Evans – Evans state notice was received from the Feds that they published in the Federal Register guidelines for the Landowner Incentive program. They have given the Department 30 days to respond and after that will make final rule. The Department will then have 60 days to submit proposals. The timeframe is small because this program was designed to help form partnerships between the Federal Government, state agency and private landowners. There are two tiers to the program. Monies that will come directly to the State Agency to develop its Landowner Program, and level 2 funding is competitive nation wide and has to come through the state but is available for private landowners and private organizations to do habitat work and management work on private land that will help species that are listed, federally or species that the state has determined as needing assistance in terms of habitat. Evans stated this is a unique program because it allows the opportunity to spend federal dollars on private land without the worry of the Anti-donation Clause because we in turn are getting better habitat for species that the Department might not be able to find funding for. The Department will accept proposals from private landowners and private groups to ensure criteria are met and also competitive at a national level. Requests will be incorporated into one proposal from the State because New Mexico is allowed to submit only one proposal at the competitive level. This will include all of the proposals deemed appropriate in terms of species at risk. Evans stated the Department will attempt to return before the Commission at the August meeting with a list of proposals.

Director Bell supplied the Commission with a packet of information that was requested by the Commission at the May meeting. The information consisted of population trends on mule deer and elk since the 1960’s; other state’s interests in receiving bighorn sheep from NM in order to not need to utilize the management tool of harvesting ewes.

Director Bell stated the Big Game Rule process is open and final adoption is planned for October. They are out in a variety of forms and on the web page. Available are summaries of what the recommendations are and an actual copy of a discussion draft of the rule itself. Director Bell stated if anyone wished to comment to do so in writing. If any would like the Department to attend a particular organization or group, either in mass or species by species, the Department would be happy to set up those types of programs. The Department wishes to do as good a job as possible to inform the public as to the changes, biological basis and give a good chance for public input.

Update on Black-tailed prairie dog working group

Chuck Hayes – Provided an update on the Department and State’s participation in interstate efforts for the conservation of black-tailed prairie dogs. In 1998 there was a petition to the Fish and Wildlife Service to list the Black-tailed prairie dog as threatened under the Endangered Species Act. That petition was found warranted but listing did not occur. The species was deemed a candidate species. The states, within the range of the Black-tailed prairie dog, saw that as an opportunity to increase management at the state level with the objective of precluding the need for the candidate status. The Department has essentially taken the leadership roll in developing a state conservation strategy. This has been completed primarily through a working group of about 18 members from different entities within the State as well as non-governmental organizations. The goal is to maintain an adequate distribution and abundance of the Black-tailed prairie dog in the state so that listing at the federal or state level is precluded. This involves management on public and private lands. Also developed is a brief agreement, an MOU, that states that the agencies involved within the state would work to support and incorporate those strategies within their appropriate planning and decision documents. Not included were NGO’s as possible signatories because of the nature of their organizations and input received on wheather they would be able to sign. Hayes stated this is not a mandate, not something the Department has agreed to through any existing agreement, but is something seen as a tool to obtain commitments from those agencies outside of NM Game and Fish to provide work and the commitment to assist in keeping prairie dog management at the state level. The working group is now evaluating this process.

Budget process and guidelines

Barbara Morin – fiscal Year 2002 to 2003 Operating Budget was reviewed. Director Bell stated documents will be sent out to begin the process of preparing the Department’s budget. It will ultimately need to be adopted by the Commission in August and presented to DFA and LFC in preparation for the upcoming legislative session.

Grijalva family on the Bear Canyon livestock issue update

Director Bell stated the Department appreciated the indulgence of the Grijalva family. The work below the dam has been completed and water will be let out of the dam to satisfy the needs of the San Lorenzo Ditch.

Alvin Garcia, attorney, Office of the Attorney General stated recommendations have been drafted for review by the Department and Commission to see if a settlement can be reached to ultimately grant an easement for continued live stock watering use for the Grijalva’s. Recommendations will be finalized next week and reviewed by both parties and agreement should be ready for approval at the August meeting.

Conservation Education Center - Director Bell stated discussion is proceeding with the expenditure of the $800,000 of federal money to construct and design the Conservation Education Center to be housed by the new headquarters facility. The Department has received proposals and has prepared to get an architectural design ready. Director Bell felt it important that a couple of Commission members serve on the committee through the design phase and continuing through the actual construction and implementation of the project. Chairwoman Stevens asked what the time frame would be. Roberta Henry stated the actual design phase would be scheduled beginning the first week of July until the end of December at which time the Department should have a completed Commission accepted design. Construction will probably start the following spring and that is estimated to take anywhere from 9 to 16 months. What is important is an appointment for at least the next 6 months to deal with the design with the Environmental Education Center.

Chairwoman Stevens stated if Commissioner’s Growney and Ortega’s schedule allowed if they would be willing to serve on that committee. Both Commissioner’s were in agreement.

Pipe Ranch Tour - Chairwoman Stevens stated last Saturday she toured the Pipe Ranch and it was both educational and informative. The invitation has been extended to the rest of the Commission. This would have to be done in two different trips so as not to have a quorum. The Pipe Ranch would like to give the tour on a Saturday and conclude by mid-morning the following day. The Commission was asked if they would be interested. Director Bell added that he has heard the presentation by Jim Vaught on mule deer. Whether you do or do not buy into those theories it does open up some doors for some additional thinking. Mr. Vaught does have some on the ground management things in place that have shown some limited successes with mule deer and it would be a good opportunity if the Commission chose to hear an on the ground approach to that aspect. Chairwoman Stevens requested the Commission to look at their schedules and get back with her with a couple of dates that would work she will compile days that would work out with the Vaught’s. Commission members agreed.

AGENDA ITEM NO. 22. General Public Comments:

Ed Machin –He applied for a bow license, was drawn, when looking at the web-site he noticed his grandson was not accepted because of a lack of hunter safety certificate which is not required for bow hunting. After obtaining a copy of the application it showed he was rejected because of a lack of hunter safety certificate, which is not required for bow hunting. His son suggested a recommendation be made to the Commission and Department that is there is no other way of doing it to allow the bow applicant to mark in the area bow hunt so no one goes through this type of rejection. Commended the Game Department for taking care of his problem.

Caren Cowen, NM Cattle Growers Association – Asked what the Department is planning on doing about CWD; where we go from here; and how it affects the oryx hunts. Concern also voiced on behalf of the President of the Gila permitees and Vice-Chairman of the Cattle Growers Wildlife Committee, is the way road kill being fed to the Mexican Wolves is being handled and how that may impact this and request Department look into process. Director Bell stated the Department will be meeting next week to get a finalized plan on how CWD will be dealt with. However, he is not prepared at this time to do a wholesale slaughter of deer as is being done in Wisconsin. It is being approached as a nucleus of a place CWD exits, prudent steps need to be taken to determine how wide spread that is out from that nucleus. There is a lot of good data about what the infection rate is in wild population and most of the state’s that have been doing massive destruction of animals has determined they actually detect the disease in about 1% of the animals collected. Utilizing those statistics along with population dynamics for that area the Department can begin to expand it out and when reached or not reached 1% infection rate it can be considered that as an endemic area and probably move toward putting into place the necessary regulations of how to deal with sport harvested animals out of that endemic area.

Caren Cowen asked if the Department will be working with the State Veterinary Office. Director Bell stated that was correct, as well as with other states that have had a bit more experience with this.

Rick Simpson, Outfitter and Lincoln County Commissioner – Aplomado falcon and endangered species act. The Commissions in Lincoln and Otero Counties have passed a resolution asking their Representatives to assist in revising the Endangered Species Act so it protects people a little more. Hopefully some of the problems can be side stepped that have occurred in the northwestern part of the United States with their water. Commissioner Simpson asked the Commission to keep in mind that there are people that live there and have lived there for generations and make their living off of the land. Tunnel vision can cause a great deal of harm to those people.

Director Bell stated he failed to address a concern of Ms. Cowen, which was the care of the elk that were given to the USFWS to be fed to the wolves. Director Bell stated the Department was disappointed in the handling of those and letters have been written to the USFWS and they also have written letters of apology to those people that took time to write them.

Commissioner Ortega commented that he does not want to see New Mexico panic because of CWD. A good plan can and will be set up and approached in a sensible manner with all cooperating.

Chairwoman Stevens stated there are a number of states that have joined together and the joint effort on CWD will be to the benefit to all the Western States.

AGENDA ITEM NO. 23. Closed Executive Session

Chairwoman Stevens entertains a motion to enter into Closed Executive Session pursuant to NMSA 10-15-1 (H-2, H-7 and H-8) of the Open Meeting Act in order to discuss limited purposes of personnel matters, litigation and land acquisition.

MOTION: Commissioner Growney moves to enter into Closed Executive Session pursuant to statute; Second by Commissioner Hurt.

Director Bell calls roll:

Commissioner Thomas Growney Yes

Commissioner Tamara Hurt Yes

Commissioner George Ortega Yes

Commissioner Steve Padilla Yes

Commissioner James Weaver Yes

All present vote in the affirmative. Motion carries.

Chairwoman Stevens calls the Open Meeting back to order and explains that the matters discussed in the closed Executive Session were limited to the items on the agenda and no action was taken in the Closed Executive Session.

MOTION: Commissioner Padilla moves to enter back into open session; Second by Commissioner Growney.

VOTE: Voice call vote taken. All present vote in the affirmative. Motion carries.

MOTION: Commissioner Hurt moves, based upon the evidence heard in Executive Session, to direct the Department to proceed with the Notice of Contemplated Action against Carlos De Lao; Second by Commissioner Growney.

VOTE: Voice call vote taken. All present vote in the affirmative. Motion carries.

Meeting adjourned at 3:07 p.m.

Respectfully submitted:

________________________________

Larry G. Bell, Secretary to the Commission

NM Department of Game and Fish

________________________________

Karen Stevens, Chairwoman

NM State Game Commission