If a ranch is in the unit wide E-plus system, is the land supposed to be “open” during all public land elk hunts?
My brothers ranch only tag is good from Oct16 to Dec 31rifle
This is the problem with getting info from 2nd hand sources vs straight from the G&F website.but you can enter and you have to be at least 150 yards away from any building before shooting without permission.
I called G&F office and was told I couldn’t have acces to the property until the day the hunt opens?This is the problem with getting info from 2nd hand sources vs straight from the G&F website.
-RO rifle tags are only good for 5 days. I think you forgot to mention he has to pick 5 days within that window to actually hunt.
-you can shoot an elk off a guys front porch if the building is within the property boundaries the tag is good for. You don’t even have to knock first. The EPLUS contract specifically states that hunters can shoot elk within 150 yards of a building.
Not mentioned - you get 2 days to scout prior to the season for which you have a tag.
That’s the problem with calling. You talked to a human. Humans make mistakes.I called G&F office and was told I couldn’t have acces to the property until the day the hunt opens?
They’re supposed to give equal access to everyone which is BS because the tag buyers this year we’re driving in and locking the gate !
This is the problem with getting info from 2nd hand sources vs straight from the G&F website.
-RO rifle tags are only good for 5 days. I think you forgot to mention he has to pick 5 days within that window to actually hunt.
-you can shoot an elk off a guys front porch if the building is within the property boundaries the tag is good for. You don’t even have to knock first. The EPLUS contract specifically states that hunters can shoot elk within 150 yards of a building.
Not mentioned - you get 2 days to scout prior to the season for which you have a tag.
That’s good to know thanks man!That’s the problem with calling. You talked to a human. Humans make mistakes.
Unit-Wide Rules
• Unit-wide private ranches are open during each public elk hunt for the sole purpose of hunting elk.
• They are not open during any other time of year or for any other purpose.
• Hunters are allowed free access to the entire unit-wide ranch during their licensed hunt dates, including scouting up to two days immediately preceding the start of their hunt.
• Landowners and their employees may not interfere with elk hunters while on the ranch and elk hunters are not required to notify landowners or their employees before entering the ranch.
• Vehicular access may be restricted on the ranch however; it must be equally restricted to all elk hunters, including hunters holding a license purchased with authorizations issued to the ranch.
• No elk hunter, including hunters holding a license purchased with authorizations issued to this ranch, may drive off-road on a unit-wide ranch except to retrieve legally harvested elk with separate permission from the landowner.
• Unit-wide ranches are not open for camping.
Elk Private Lands - EPLUS - New Mexico Department of Game & Fish
EPLUS Program The EPLUS program was created in recognition of the important benefits that private lands make to the elk populations and hunting opportunities in New Mexico. The program gives hunters and landowners a way to work together to effectively manage and hunt elkwww.wildlife.state.nm.us
Video that BS and turn them in.
“All elk hunters legally accessing the property pursuant to this unit wide agreement have permission to discharge firearms, crossbows, bows, and muzzleloaders, only for the purposes of shooting elk, INCLUDING WITHIN 150 yards of a dwelling or building described…”
It’s right in their contracts. (Not the all caps part, I did that.)
With all due respect sir, I disagree. The provision is specifically in the EPLUS contract. It is there for this example:Within 150 yds DOES NOT mean closer than 150 yds as in shooting off their porch.
A contract is not a law, sir. The law is very clear you may not discharge a firearm closer than 150 yds from any established dwelling or structure.
"Discharge a firearm within 150 yds of a dwelling or building (not including abandoned or vacated buildings on public land) without the permission of the owner or lessee." ~ NM Rules and Info, Rules and Information for Big Game and Turkey (pg 21).
The contract clearly follows the statute as defined in the big game rules booklet and is a means to notify the landowner that very likely could not be a hunter themselves of what the hunter may do in the chance they hear the discharge of a rifle very near to their "front porch".
With all due respect sir, I disagree. The provision is specifically in the EPLUS contract. It is there for this example:
2 acre SCR UW tag. Building on property. No one home all season. No one to answers a phone call (not necessary anyways to ask). That would be unhuntable if you had to ask. This topic has been covered by the commission and they specifically put that clause in the EPLUS contract to cover such cases. Seems crazy yes, but I stand by my position on the issue. Probably never applies but in a handful of cases.
Of course you don’t have “free reign and use of a private domicile or any of its ancillaries.” I never implied that.-you can shoot an elk off a guys front porch if the building is within the property boundaries the tag is good for. You don’t even have to knock first. The EPLUS contract specifically states that hunters can shoot elk within 150 yards of a building.
My “off the front porch” statement was a step off base maybe and could be argued it is inside a dwelling. I will rephrase…you could be on the walkway up to the front door.Within does not mean inside of. Within is a defined boundary. As written, it is illegal because the same language is used defining it in the publication. Period. UW public land laws apply to UW EPLUS. There is no way for anyone to know what is and is not in a contract.
Actually, you did...
My “off the front porch” statement was a step off base maybe and could be argued it is inside a dwelling. I will rephrase…you could be on the walkway up to the front door.
When the Authorized Ranch Contract signs the agreement they agree to allow shooting of elk inside the 150 yard buffer. Period. I still disagree for the reasons stated above that the commission specifically ruled on. We can go back and forth all day and it looks like neither of us will budge.
The reference to 30-7-4 NMSA 1978 does not apply if the ranch is a UW property. It is part of the signed contract. The public would know what the contract says if they downloaded a copy off the G&F website and read it. The contract further states that all other sections and subsections of 30-7-4 remain in effect.
Not on the G&F site for some reason. But, page 4, middle paragraph next to the bold font.EPLUS PRIMARY ZONE Initial Application and Agreement April 1, 2022 March 31, PDF Free Download
EPLUS PRIMARY ZONE Initial Application and Agreement April 1, 2022 March 31, 2023 The Elk Private Lands Use System (EPLUS) was created in recognition of the important benefits that private lands make todocplayer.net
The regs should state this as an exception to 30-7-4 but they obviously left it out. 1000% sure you could dump an elk in a guys front yard, as long as you were not endangering human life, and be in the clear. Would I do it? No. But you could.
The UW contract LO sign is basically saying I give permission for hunters to shoot with in 150yds of my dwelling. In The negligent use law where it states you can’t shoot within 150 yds of
Occupied dwelling it also say LO can give permission for someone to shoot within 150 yds. The contract is the hunters written permission.
It could go screwy on scene if all parties aren’t aware of these rules. But in court the hunter would win every time.
I believe you are correct as of intent of the rule but as normal the G&F doesn't think things through and the reality is you can stand on their front porch by the way the contract is written. I don't think its right but it is what it isI also believe the intent is to address structures such as barns, shops, or occasional use homes (vacation and weekend use) and not a permanent home where they may wake up to a sudden bang from a 338 Ultra Mag 25 yds from a bedroom window...
Not legal parts 1 and 3 the negligent use law would make that illegalWhile we're on the topic of 150-yards from a dwelling, the way I read the rules it is illegal to discharge a weapon within 150. But if you're 250 away and the animal is only 50 away, technically you could discharge from greater than 150 but kill the animal within 50 of the dwelling. Again, perhaps unwise, perhaps risky, certainly need to be aware of the background for projectile, but technically legal, no?
I believe you are correct as of intent of the rule but as normal the G&F doesn't think things through and the reality is you can stand on their front porch by the way the contract is written. I don't think its right but it is what it is
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