New Mexico AG Discovers Constitution Has Opinions on Elk Tags
- Who
- Attorney General Raúl Torrez
- What
- Issued formal opinion that outfitter set-aside for big-game hunting licenses violates state constitution
- When
- October 14, 2026
- Where
- New Mexico
New Mexico Attorney General Raúl Torrez issued a formal opinion stating that the state's outfitter set-aside system for elk and big-game hunting licenses violates the New Mexico Constitution. The opinion argues the allocation favors nonresident hunters who hire outfitters over resident hunters applying through the public draw. Outfitters and their representatives have indicated they plan to challenge the opinion. The set-aside reserves a portion of limited licenses for clients of licensed outfitters.
A system designed to monetize public wildlife through a private intermediary has finally encountered the radical notion that the state constitution might apply to it. The outfitters' promised legal challenge will no doubt argue that 'access' means something very different when a commission check is involved. Our analysts note the constitution has been sitting there the whole time, patiently waiting for someone to read the fine print on public trust.
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