PROPOSED AMENDMENT TO CROSSBOW ALLOWANCE FOR

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					 PROPOSED AMENDMENT TO CROSSBOW ALLOWANCE FOR
     HUNTING AND FISHING – MANNER AND METHOD

The proposed amendment to cross bow allowance for hunting and fishing Manner and Method
of Taking Rule (31.10 NMAC) that reestablishes the ability of hunters holding a Mobility
Impaired (MI) certification to use crossbows during hunts for protected species including the big
game bow hunts. This ability was established in 2004, but has been inadvertently omitted out of
commission rules. The proposed amendment also allows eligible crossbow hunters to use
scopes on crossbows during muzzleloader or legal sporting arms hunts but prohibits scopes
during bow hunts. Additionally, the proposed amendment allows hunters receiving a temporary
reasonable accommodation from the Director to use a crossbow on a case-by-case basis. The
proposed amendment to Hunting and Fishing – Manner and Method is:

The Department proposes amendments to the Manner and Method rule (19.31.10 NMAC) that
reestablishes the ability of hunters holding a Mobility Impaired (MI) certification to use
crossbows during hunts for protected species including the big game bow hunts. This ability
was established in 2004 but has been inadvertantly omitted out of commission rules. The
proposed amendment also allows eligible crossbow hunters to use scopes on crossbows during
muzzleloader or legal sporting arms hunts but prohibits scopes during bow hunts. Additionally,
the proposed amendment allows hunters receiving a temporary reasonable accommodation
from the Director to use a crossbow on a case by case basis.

The proposed amendment to Hunting and Fishing - Manner and Method is:
   19.31.10.7     DEFINITIONS:

   T. “Crossbow” shall mean a device with a bow limb or band of flexible material that is
   attached horizontally to a stock and has a mechanism to hold the string in a cocked
   position. Sights or lights on crossbows shall not project light [nor magnify].

   19.31.10.19        TAKING GAME ANIMALS, FURBEARER, GAME BIRDS BY
   CROSSBOW:

       A.      Crossbows may be used to take or kill any game animal, furbearer or game
   bird by a licensed hunter in possession of a valid Department Mobility Impaired (MI)
   card or in possession of a reasonable accommodation issued by the Director, or as
   otherwise allowed by rule.

      B.     It shall be unlawful to hunt with a crossbow without a hunter possessing a MI
   Card or reasonable accommodation from the Director, or contrary to rule or hunt code.

      C.      It shall be unlawful to hunt with a crossbow that has a scope, telescopic sight
   or magnification device during any bow only hunt for big game.

   [19.31.10.18 NMAC - N, X-X-2012]

Consideration of this amendment is consistent with a strategy to implement a method by which
a hunting opportunity and participation might increase (Strategic Plan, New Mexico Department
of Game and Fish FY 2010-2014; Objective 6, Strategy 6.1, page 16). Generally, hunters with
impairments have requested the opportunity to hunt with a crossbow during all sporting arm
hunts. This amendment could allow both permanently disabled and temporarily disabled people
to use a crossbow for hunting in New Mexico.


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License numbers relating to harvest opportunities have already been established through the
small game and big game rule making process and this allowance is not going to negatively
affect game numbers or populations.

No conflict exists in law or rule. The commission has the authority to establish the manner and
method of take for all protected species (17-2-1 NMSA 1978) including the use or prohibition of
crossbows for hunting.

In the past, crossbow were an allowable sporting arm by Mobility Impaired hunters. However,
the Department identified that this allowance was inadvertantly ommited during past rule making
processes. The Department has received numerous inquiries from hunters that are requesting
to use a crossbow due to injuries or mobility limitations. This proposal would move toward
meeting this public expectation.




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posted:10/11/2012
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