State Proposes New Restrictions On Hunting, Fishing, Trapping
by John Weckerle
The New Mexico Department of Game and Fish has proposed new regulations regarding hunting, fishing, and trapping on private lands, including unposted private lands. The purpose of the regulation is to require that hunters, fishermen, and trappers have written permission from the landowner. A public meeting will be held at the New Mexico Museum of Natural History on Saturday, January 10, 2009 from 1:00 p.m. to 4:00 p.m. A copy of the press release and draft regulation is provided here.
Debate is likely to be spirited, as it always is when private property rights are balanced against other interests. Property owners will likely argue that they have a right to quiet enjoyment of their land without the need to post it, which can be expensive and require sign maintenance and replacement. Hunters, fishermen, and trappers have already argued that the penalties are too harsh, and that they should not apply to inadvertent or unknowing trespass.
Allowing exceptions for inadvertent or unknowing entry onto unposted private land makes noncompliance essentially impossible, or nearly so, to prove.  However, one has to wonder why a reasonably competent outdoorsman or outdoorswoman would not know where he or she is in the first place. Years ago, I lived in a community where many residents relied on hunting as a means of putting food on the table – and every local hunter I knew was a competent outdoorsperson, as are all the people I know here who hunt and fish (I don’t know any trappers here). I never heard of any local hunter causing an accident – yet all too often, there were reports of deaths and injuries during hunting season. I can’t remember any of them that didn’t involve somebody from one of the urban centers whose hunting credentials were limited to having a gun and a license. Perhaps we should consider the idea that hunters, fishermen, and trappers should be expected to know how to find their way through the countryside and know where they are. It would seem reasonable that, in an age where maps are available and functional GPS units can be had at reasonable cost, the potential for accidentally hunting on somebody else’s land should be something that can be effectively minimized. On the other hand, I think there is an important issue that seems to be unaddressed thus far, and that revolves around situations where an animal is shot on public land, but must be followed onto private land to be dispatched. Of course, that raises issues of enforceability similar to those associated with inadvertent trespass. It will be interesting to see how the various interests work these issues, and whether a reasonable and enforceable requirement will emerge from the process.