New Mexico hunting outfitters group says it ‘strongly rejects’ AG opinion that carveout is illegal

A coalition of New Mexico professional outfitters earlier this week pushed back against a recent opinion from Attorney General Raúl Torrez that concludes a state policy reserving 10% of tags for hunters who contract with outfitters is unconstitutional.

The New Mexico Council of Outfitters and Guides issued a statement on social media Monday on behalf of professional outfitters, who regularly charge out-of-state hunters thousands of dollars for a guided hunting tour along with promises of better odds of bagging an elk, deer, bighorn sheep or other game.

The council said it “strongly rejects” Torrez’s opinion his office released earlier this month that determined the “outfitter set-aside” both violates the Public Trust Doctrine of the state constitution and also unfairly benefits wealthy, out-of-state sportsmen over local residents.

The group’s post says Torrez misinterpreted case law and relied too heavily on an interest group’s analysis, which found that nonresidents received more than 90% of the elk licenses the state issued to those who contracted with outfitters in the hunting season that ran between late 2022 and early 2023. 

“The opinion fundamentally misinterprets federal jurisprudence, conflates private market values with public draw allocations, and ignores the strict regulatory requirements New Mexico outfitters are required to meet,” the coalition wrote. “NMCOG calls on state leadership to reject this flawed advisory opinion and stand with the small businesses, rural communities, and working families that depend on New Mexico’s outdoor recreation.”

Kerrie Cox Romero, the council’s executive director, told Source NM on Wednesday that her board is “considering” whether to sue Torrez over the opinion and also intends to lobby the Legislature against adopting his recommendations at the upcoming session. 

She said Torrez’s conclusions, in addition to being based on faulty legal basis, ignore the impact outfitting has on rural economies and state revenues. The outfitting industry contributes millions of dollars through gross receipts tax, as well as fees to the Department of Wildlife and other payments to federal and state land management agencies like the United States Forest Service and State Land Office, she noted.

“It’s so tone deaf,” she said. “The outfitting industry is a core industry for rural New Mexico.”

John Blair, senior counsel and communications director for the New Mexico Department of Justice, did not immediately respond to Source NM’s request for comment Wednesday on the group’s criticism. 

While Torrez’s opinion is not binding, it came in response to a letter from 21 Democrats in the state Legislature who wrote they were concerned out-of-state hunters were buying their way into hunts for New Mexico game. Their letter came shortly after the Department of Wildlife announced results from its annual big game draw, which angered some New Mexico residents who didn’t receive a hunting tag. 

Lawmakers including state Rep. Nathan Small (D-Las Cruces) announced shortly after Torrez released his opinion that they would take up major reforms to the law governing the allocation of hunting tags at the next legislative session, which begins Jan. 19 and runs for 60 days.