nmtaxi
Active member
This is huge news for residents of NM. While I think the tag allocation to NR for antelope, elk and deer is way too greedy in NM, the allocation for bighorn, oryx and ibex was way too generous. With the Terk rule being overturned, those exotics and bighorn species are now subject to the same quotas as the rest of the species.
Judge sides with sportsmen, drops Terk injunction
Unclear how decision will affect 2014 Big Game Draw
A five-year effort by the New Mexico Wildlife Federation paid off today when a federal judge dismissed the so-called Terk injunction, a ruling that has limited the number of bighorn sheep, oryx and ibex licenses allocated to resident hunters.
As a result of today’s decision, New Mexico residents will receive far more hunting opportunity for arguably the state’s most sought-after licenses – bighorn sheep. In the past, residents have received as little as 7 percent of some bighorn licenses.
“This is a banner day for New Mexico hunters, and for the New Mexico Wildlife Federation,” said NMWF Executive Director Garrett VeneKlasen. “Today’s decision eliminates a blatant discrimination imposed on New Mexico resident hunters for more than 30 years. But it only occurred because New Mexico Wildlife Federation – and particularly our previous executive director, Jeremy Vesbach – spoke out on behalf of all resident sportsmen, just as our organization has been doing for 100 years.”
NMWF brought the Terk injunction to hunters’ attention in 2009 in the Outdoor Reporter. It was the first time many New Mexico sportsmen had detailed information about why oryx, ibex and bighorn sheep hunts were not governed by the state’s resident quota law.
The injunction stemmed from a 1974 lawsuit filed by Texas hunter David Terk over the higher license fees and lower allocation for the three species, which were the only species subject to a state quota at the time. Although Terk initially lost his case, he appealed on the grounds that New Mexico’s law violated the federal Equal Protection Clause. On that count, he won, and New Mexico did not appeal. A judge ordered the injunction in 1977.
But the legal landscape changed over the years, with additional court rulings and new laws in Congress, and it appeared to many hunters that New Mexico had grounds to appeal Terk. In 2010, at the request of NMWF, the Department Game and Fish asked Attorney General Gary King for a legal opinion on whether Terk could successfully be challenged. A year later the AG’s Office said it could.
In 2012, Vesbach specifically asked the State Game Commission in Ruidoso to pursue a Terk appeal. The Commission agreed, and in early 2013 the Department’s attorney filed its motion. NMWF and other hunting groups including Sportsmen for Fish and Wildlife, the Wild Sheep Foundation and Safari Club International filed “friend of the court” briefs supporting the Department.
Earlier today, U.S. District Judge Christina Romero issued her answer. She agreed with the Department of Game and Fish – that the Terk injunction is no longer equitable because of three major changes in applicable law since 1977 – and lifted the injunction.
That means Game and Fish must treat bighorn sheep, oryx and ibex like all other big game hunts and allocate 84 percent of draw licenses to resident hunters. As of Monday afternoon it wasn’t clear whether Game and Fish will be able to incorporate the changes in this year’s draw.
“All New Mexico hunters should thank the Game Commission and the Department of Game and Fish for pursuing this legal challenge,” VeneKlasen said. “But we also need to acknowledge that sportsmen were the driving force here. This just shows that New Mexico sportsmen can accomplish big things when they work together and with our wildlife managers to achieve their goals.”
Judge sides with sportsmen, drops Terk injunction
Unclear how decision will affect 2014 Big Game Draw
A five-year effort by the New Mexico Wildlife Federation paid off today when a federal judge dismissed the so-called Terk injunction, a ruling that has limited the number of bighorn sheep, oryx and ibex licenses allocated to resident hunters.
As a result of today’s decision, New Mexico residents will receive far more hunting opportunity for arguably the state’s most sought-after licenses – bighorn sheep. In the past, residents have received as little as 7 percent of some bighorn licenses.
“This is a banner day for New Mexico hunters, and for the New Mexico Wildlife Federation,” said NMWF Executive Director Garrett VeneKlasen. “Today’s decision eliminates a blatant discrimination imposed on New Mexico resident hunters for more than 30 years. But it only occurred because New Mexico Wildlife Federation – and particularly our previous executive director, Jeremy Vesbach – spoke out on behalf of all resident sportsmen, just as our organization has been doing for 100 years.”
NMWF brought the Terk injunction to hunters’ attention in 2009 in the Outdoor Reporter. It was the first time many New Mexico sportsmen had detailed information about why oryx, ibex and bighorn sheep hunts were not governed by the state’s resident quota law.
The injunction stemmed from a 1974 lawsuit filed by Texas hunter David Terk over the higher license fees and lower allocation for the three species, which were the only species subject to a state quota at the time. Although Terk initially lost his case, he appealed on the grounds that New Mexico’s law violated the federal Equal Protection Clause. On that count, he won, and New Mexico did not appeal. A judge ordered the injunction in 1977.
But the legal landscape changed over the years, with additional court rulings and new laws in Congress, and it appeared to many hunters that New Mexico had grounds to appeal Terk. In 2010, at the request of NMWF, the Department Game and Fish asked Attorney General Gary King for a legal opinion on whether Terk could successfully be challenged. A year later the AG’s Office said it could.
In 2012, Vesbach specifically asked the State Game Commission in Ruidoso to pursue a Terk appeal. The Commission agreed, and in early 2013 the Department’s attorney filed its motion. NMWF and other hunting groups including Sportsmen for Fish and Wildlife, the Wild Sheep Foundation and Safari Club International filed “friend of the court” briefs supporting the Department.
Earlier today, U.S. District Judge Christina Romero issued her answer. She agreed with the Department of Game and Fish – that the Terk injunction is no longer equitable because of three major changes in applicable law since 1977 – and lifted the injunction.
That means Game and Fish must treat bighorn sheep, oryx and ibex like all other big game hunts and allocate 84 percent of draw licenses to resident hunters. As of Monday afternoon it wasn’t clear whether Game and Fish will be able to incorporate the changes in this year’s draw.
“All New Mexico hunters should thank the Game Commission and the Department of Game and Fish for pursuing this legal challenge,” VeneKlasen said. “But we also need to acknowledge that sportsmen were the driving force here. This just shows that New Mexico sportsmen can accomplish big things when they work together and with our wildlife managers to achieve their goals.”
