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STATE-TRIBAL COLLABORATION ACT
2012 AGENCY REPORT
I. EXECUTIVE SUMMARY
The Department of Game and Fish has actively participated in the continuing statewide
effort to implement key components of the State Tribal Collaboration Act, including
having Department employees receive cultural awareness training provided by the State
Personnel Office.
During Fiscal Year 2012, the Department engaged in several formal consultations; in
particular working with the Acoma Pueblo regarding the Department’s project to
rehabilitate the Lake Roberts dam and spillway. The Department is also working with the
Pueblo of Jemez to grant use of ceremonial sites on State Game Commission-owned
property in the Pecos Canyon area. As required, the Department continues to contact the
appropriate tribal entity when wildlife management issues arise and ask for input
regarding management efforts.
The Department requires current field operation and resource division employees and
managers to receive the cultural awareness training as offered by the State Personnel
Office. Additionally, as new employees are hired for field operations, they are required to
receive the training.
II. AGENCY OVERVIEW/BACKGROUND
A. Mission statement
The mission of the New Mexico Department of Game and Fish is to provide and maintain
an adequate supply of wildlife and fish within the state of New Mexico by utilizing a
flexible management system that provides for their protection, conservation, regulation,
propagation, and for their use as public recreation and food supply.
B. Agency Overview
The New Mexico Department of Game and Fish is the state government agency
statutorily created to enforce and administer the laws and regulations relating to game
animals, fish, and other wildlife and to otherwise support the State Game Commission in
its responsibility to fulfill the purposes of Chapter 17 NMSA 1978 and all other acts for
like purposes. To satisfy the expectations expressed within these acts, the Department
monitors, assesses, conserves, restores, and regulates the use of game, fish, and other
wildlife, manages habitat, and provides relevant technical guidance, information and
New Mexico Department of Game and Fish James S. Lane, Jr., Director
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education, and depredation interventions. We value collaboration. We believe that our
decision-making processes should be accessible to, and inclusive of, all potentially
affected interests and responsive to their needs and concerns. We are unique in our ability
to provide and inform open forums for the resolution of wildlife-related issues and to
implement the determinations thereof in the interests of present and future generations.
Department services are partitioned into four programs, aggregated by common statutory
purpose and outcome:
I. Sport Hunting and Fishing Program
II. Conservation Services Program
III. Wildlife Depredation and Nuisance Abatement Program
IV. Administration Program
III. AGENCY EFFORTS TO IMPLEMENT POLICY
Regular Collaborative Efforts:
Throughout fiscal year 2012, the Department consulted with the following Pueblos,
Tribes and Nations regarding wildlife management and habitat programs: Santa Ana,
Sandia, Acoma, Laguna, Zuni, Hopi, Navajo, Mescalero Apache, Fort Sill Apache
(Chiricahua band), White Mountain Apache, San Carlos Apache, Jicarilla Apache,
Southern Ute, White Mountain Apache, San Carlos Apache, Comanche, Ysleta del Sur,
Isleta, Kiowa, and the Oklahoma Apache.
Assisted in teaching hunter education courses at various Pueblos and Tribes throughout
the State: Zia Pueblo, Isleta Pueblo, Santa Domingo Pueblo, Santa Ana Pueblo, San
Felipe Pueblo, Cochiti Pueblo, Laguna Pueblo, Nambe Pueblo and Jicarilla Apache.
Provided assistance regarding wildlife law enforcement issues across the State, and
specific cases were worked with the Jicarilla Apache Tribe, San Ildefonso Pueblo, Zuni
Pueblo, Isleta Pueblo, Acoma Pueblo, Laguna Pueblo and Navajo Nation.
Assisted several Pueblos and Tribes regarding wildlife nuisance and damage complaints;
specifically the Department worked with the Nambe Pueblo, Pojoaque Pueblo, Jemez
Pueblo, Zuni Pueblo, and Laguna Pueblo. Most of the wildlife nuisance complaints
involved bears and lions.
Formal Consultation Efforts:
Lake Roberts Dam & Spillway Project: NMDGF, via our contractor UNM/OCA, has
uncovered disarticulated, non-complete human remains of three Ancestral Puebloan
individuals. NMDGF has also received formal comment on November 21, 2011 for said
remains from representatives of the Hopi, and informally in November with the cultural
resource representative for the Pueblo of Zuni. Hopi’s response was in favor of Pueblo of
Acoma to take the lead on the NAGPRA discussion; NMDGF recognizes the formal
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request of the Hopi and acknowledges the Pueblo of Acoma as lead in this matter. Both
The Pueblo of Acoma and The Hopi favor an onsite repatriation after construction.
NMDGF will see to the interment through its contractor in an area as close to the vicinity
of the original inhumation as possible and has been working closely with the Pueblo of
Acoma during this formal consultation process.
Formal consultation with the Acoma Pueblo regarding property owned by the State Game
Commission, known as the Marquez town lots.
The Department is working on a MOU with the Jicarilla Apaches regarding the
importation of cervids and fish.
The Department has worked with the Jemez Pueblo and we have agreed to close the
Terrero Cave area in Pecos to all public entry for 3 days in August so that the Jemez
Pueblo may conduct a ceremony.
Additional Collaborative Efforts:
Compiled data voluntarily submitted by Pueblos and Tribes on abundances and
distributions of state-listed bird species and bird Species of Greatest Conservation Need,
as well as on the presence of the tamarisk leaf beetle.
The Department met with members of the Tesuque Pueblo to discuss options for working
with NMDOT to install wildlife fencing on U.S. 285 through Tesuque Pueblo to funnel
wildlife under the highway at the Rio Tesuque bridge.
The Department’s Share with Wildlife program provided funding for conservation
education to Walatowa Charter High School, which serves students from the local Jemez
Pueblo. Activities included multiple classroom and outdoor programs regarding the
biology, ecology, and management of local watersheds that provided an Agency
contractor, with assistance of Agency staff.
The Department has been working with the San Juan Wildlife Working Group – Jicarilla
Apache and Southern Ute Tribes regarding wildlife programs and issues in the northwest
corner of the State.
The Department has been working with staff to have them attend the Cultural
Competency training by the SPO. During fiscal year 2012, the Department had 26 field
staff members, who work with the Pueblos, Tribes, and Nations attend the course.
IV. CURRENT AND PLANNED PROGRAMS AND SERVICES FOR AMERICAN
INDIANS / ALASKA NATIVES
A. Provide a description of current and planned programs and services provided to
or directly affecting American Indians or Alaska Natives and the amount for
each program.
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Other than its commitment to implement provisions of the STCA, the Department has
no current or planned programs or services exclusively for American Indians/Alaska
Natives. However, as attested in the fiscal year 2012 activities reported in Section III
above, the Department routinely collaborates with Indian nations, tribes, and pueblos
in mutually beneficial projects for implementation of our respective fish, wildlife, and
land management programs and in addressing cultural/historic preservation issues
that arise during Department operations. However, the following are the
Department’s programs in which American Indians/Alaska Natives and Indian
nations, tribes, and pueblos participate on non-reservation lands and have interests:
B. Main agency accomplishments and challenges regarding tribes, AI/AN and/or
Indian organizations, including significant state-tribal issues, recommendations
and/or priorities addressed in FY 2012
The Department has been successful in engaging in consultations and collaborating
with Indian nations, tribes, and pueblos as noted under Section III above.
C. Goals for Fiscal Year 2013 relating to tribes, AI/AN and/or Indian organizations
Programs and Services Potentially Affecting American Indians or Alaska Natives
Program Description of Services Funding* (FY 2012; Dollars in
Thousands )
Sport Hunting and
Fishing
Provides a statewide system for hunting activities and self-
sustaining and hatchery-supported fisheries to satisfy the
participation expectations of New Mexico residents and takes into
consideration hunter safety, quality hunts, high demand areas,
guides and outfitters, quotas and local and financial interests.
$21,451.6
Conservation
Services
Provides information and technical guidance to hunters, anglers,
appreciative wildlife interests, the Director and State Game
Commission, and all persons or agencies that manage lands that
results in the conservation and enhancement of wildlife habitat and
recovery of indigenous species of threatened or endangered
wildlife.
$7,786.5
Wildlife Depredation
and Nuisance
Abatement
Provides depredation and nuisance complaint administration and
intervention services to meet the expectations of private
landowners, leaseholders, and other New Mexicans for relief and
preclusion from property damage, annoyances, and threats to
public safety caused by protected wildlife.
$1,039.0
Administration Provides an adequate and flexible system for furnishing direction,
oversight, accountability, and support to all divisions that results in
the attainment of planned outcomes for all Department programs.
$8,187.1
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1. That by December 31, 2012, all Department managers and employees who
have ongoing communication with Indian nations, tribes, or pueblos have
completed cultural competency training provided by the State Personnel
Office.
2. The Department is committed to working with and responding to all
wildlife-related concerns for the State’s Tribes, Pueblos and Nations.
V. TRAINING AND EMPLOYEE NOTIFICATION
A. STCA Training Certification
Twenty-six (26) Department employees from 10 different Divisions received the
STCA cultural awareness training and certification from State Personnel Office
(SPO). The Department continues to have employees work with the Department
archeologist and other individuals who are experienced and have knowledge and
expertise in working with American Indians/Alaska Natives and the governments of
Indian nations, tribes, and pueblos.
B. Employee Notification about the STCA
Due to training efforts in FY 2012 most Department managers, project leaders, and
employees are knowledgeable of the STCA Policy that the Department abides by.
The Department employees also have access to the Tribal Liaison for consultations
regarding the Act. The Awareness of the Act is incorporated into the orientation of
new employees who are likely to interact with Indian nations, tribes, or pueblos.
VI. KEY NAMES AND CONTACT INFORMATION
Position/Program Key Names
Agency Head James S. Lane, Jr., Director
New Mexico Department of Game and Fish
P.O. Box 25112
Santa Fe, NM 87507
(505) 476-8008
Deputy Director Daniel Brooks, Deputy Director
New Mexico Department of Game and Fish
P.O. Box 25112
Santa Fe, NM 87507
(505) 476-8008
Administration Program Patrick Block, Assistant Director
Support Services
New Mexico Department of Game and Fish
P.O. Box 25112
Santa Fe, NM 87507
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Position/Program Key Names
505-476-8011
Sport Hunting and Fishing Program R. J. Kirkpatrick, Assistant Director
Resource Programs and Field Operations
New Mexico Department of Game and Fish
P.O. Box 25112
Santa Fe, NM 87507
505-476-8010
Conservation Services Program R. J. Kirkpatrick, Assistant Director
Resource Programs and Field Operations
New Mexico Department of Game and Fish
P.O. Box 25112
Santa Fe, NM 87507
505-476-8010
Wildlife Depredation and Nuisance Abatement Program Northwest Area - Albuquerque:
Brian Gleadle, NW Area Chief
New Mexico Department of Game and Fish
3841 Midway Pl. NE
Albuquerque, NM 87109
(505) 222-4700
Southwest Area – Las Cruces:
Ray Aaltonen, SW Area Chief
New Mexico Department of Game and Fish
2715 Northrise Dr.
Las Cruces, NM 88011
(575) 532-2100
Northeast Area – Raton
Chris Neary, NE Area Chief
New Mexico Department of Game and Fish
215 York Canyon Rd.
P.O. Box 1145
Raton, NM 87740
(575) 445-2311
Southeast Area – Roswell
Leon Redman, SE Area Chief
New Mexico Department of Game and Fish
1912 W. Second St.
Roswell, NM 88201
(575) 624-6135
Tribal Liaison James S. Lane, Jr., Director
New Mexico Department of Game and Fish
P.O. Box 25112
Santa Fe, NM 87507
(505) 476-8008
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Position/Program Key Names
Secondary:
Alexandra Sandoval, Chief
Administrative Services Division
New Mexico Department of Game and Fish
P.O. Box 25112
Santa Fe, NM 87507
(505) 476-8070
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Appendix A
Agency Tribal Collaboration and Communication Policy
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17
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Appendix B
Agency-specific and applicable/relevant state or federal statutes or mandates
Chapter 17 NMSA 1978
State-Tribal Consultation Act - (STCA)
Governor Richardson’s Statement of Policy and Process – February 2003
EO 2005-003 Adoption of Statewide Consultation Policy on the Protection of Sacred Places
and Repatriation
EO 2005-004 Statewide Adoption of Pilot Tribal Consultation Plans
Governmental Dispute Prevention and Resolution Act (12-8A-1 NMSA) as amended 2007
Federal Aid in Sport Fish Restoration Act (16 U.S.C. 777-777k, 64 Stat. 430)
Federal Aid in Wildlife Restoration Act (16 U.S.C. 669-669i; 50 Stat. 917)
Section 106, National Historic Preservation Act
Native American Graves Protection and Repatriation Act (NAGPRA) Pub. L. 101-601, 104
Stat. 3048
NM Cultural Properties Act 18-6-1 through 18-6-23 Sections 18-6-8.1, 18-6-5, 18-6-11.2
NMSA 1978
Appendix C
Any relevant tables, charts, graphs, statistics, maps or data sheets.
The following depicts NMDGF administrative areas and conservation officer districts:
Appendix D
Glossary or definitions of special agency terms and acronyms
Acronym Definition
NMDGF New Mexico Department of Game and Fish
STCA State Tribal Collaborative Act
Appendix E
Agreements, MOUs/MOAs with tribes that are currently in effect
Tribe Agency Broad
Activity
Agreement
Name
Current
Status
Contact(s) Phone #
Pueblo of Santo
Domingo, Pueblo
of Sandia, Pueblo
of Isleta, Pueblo of
Santa Ana
NMDGF Habitat
restoration
and
management
of the middle
Rio Grande
Valley
Middle Rio
Grand
Endangered
Species
Collaborative
Current Brian
Gleadle
505-222-
4706