NR Ourfitters crying foul in NM

[noharleyyet]

New Developments With the New Mexico Draw

March 12, 2012.

As HTW subscribers know, New Mexico passed legislation last year that reduces nonresident hunting opportunity in the state, effective for the 2012 season. But the story is still playing itself out.

Last year's legislation increased the number of tags going to New Mexico residents while decreasing opportunity for the other 98% of US hunters. Specifically, the quota for guided non-resident hunters was reduced from 12% to 10% and the quota for non-resident non-guided hunters was dramatically reduced from 10% to 6%.

For many (like me) this looked like the end of the good old days of hunting opportunity in New Mexico.

The interesting twist comes from the details. The language around the 10% quota for guided hunters makes specific reference to hunters guided by a New Mexico outfitter -- this means outfitters who guide in New Mexico but are not based in New Mexico are excluded from the benefits of the better draw odds associated with the 10% quota.
A group of non-NM-based outfitters has filed suit against the new quota system, with a hearing scheduled for either March 21st or 22nd (I've heard both, not sure which is right).

"It's forcing them out of business in New Mexico," said B.J. Crow, an attorney representing the group of outfitters suing the NM Department of Game and Fish in federal court.

One of the plaintiffs, in an email to prospective clients (like me), shared this opinion: "The judge will most likely grant us a restraining order.... If this happens then the draw system will be forced to follow the previous years methods [emphasis added] and non-resident guided hunters will retain their advantage in applying through us."

John J. Jackson III, President and Chairman of the respected Conservation Force, notes: "Discrimination against outfitters from out-of-state is no doubt a violation of the Privileges and Immunities Clause of the US Constitution. Too many cases have held that a state can’t discriminate against outfitters or guides that ply their trade interstate."

Bottom line: It looks likely that the new quotas will be thrown out in 2012, although it will be straightforward to re-write and re-instate them in 2013. If you thought it was worthwhile to apply in New Mexico last year, it's probably worthwhile to apply there this year -- odds should be about the same.

New Mexico apps are due March 28. I'll try to post another update following the Federal hearing, but before the due date

http://www.huntthewest.com/2012/NMd...tm_campaign=Feed:+HuntTheWest+(Hunt+the+West)

 

[npaden]

That's an interesting development.

Will non-resident outfitters get to be part of the 10% quota or will the entire new system be thrown out? Seems that it would be very hard to completely revamp everything with nonresidents not being able to apply for WMA's, no cow tags, etc.

My guess is that non-resident outfitters will be eligble to apply for the 10% guided and the DIY nonresident will basically be unaffected.

 

[Big Fin]

If you look at most other interstate "commerce" issues and cases, you will find the NM is F'd on this one.

States can make restrictions on fees and draw odds, based on the USSC Baldwin v. Commissioner case that ruled hunting itself is not commerece and therefore state regulation of hunting that makes distinctions between residents and non-residents is allowed.

But, the act of guiding hunters is commerce, and most the other cases would say NM is going to lose on this one. Which if the out of state outfitters prevail, don't expect draw results anytime soon.

 

[1_pointer]

They'll take from the 6% given to DIY NRs to give more to the outfitter pool. You heard it here first...

 

[trevore]

They'll take from the 6% given to DIY NRs to give more to the outfitter pool. You heard it here first...

I'm afraid you're probably right on this one. I can see them making the use of a guide a requirement.

This litigation is all the more reason for them to do away with the outfitter welfare. There are plenty of hunters who will still apply with a guide. But I get the feeling the DIY guys are going to get the shaft again.

 

[BuzzH]

Oh no, they wont...I was assured by Robert Espenoza (then SFW board member, now on the NMG&F Commission), via a phone call that he would not endorse the slashing of the DIY pool in NM...and that outfitters would suffer the SAME loss.

Yeah right...he lied then...and I suspect that pointer is right on the money.

Every SFW chapter is a big joke...no different in NM.

 

[WapitiBob]

The motion for Dismissal pretty much chopped up their complaint that they could not participate in the draw. While they could not have exclusionary access to 10% of the tags, they have the remaining 90% that their customers can draw and hire any of the NR Outfitters.

I see it getting tossed out.