SANTA FE, N.M. – Today a group of New Mexico hunters, small business owners, and tribal leaders welcomed news that Attorney General Raúl Torrez and the New Mexico Department of Justice (NMDOJ) have issued a legal opinion concluding that parts of the state’s system of issuing hunting licenses violate the Anti-Donation Clause of the New Mexico Constitution, which prohibits state and local governments from giving public funds, property or anything of value to private parties without fair return.
The opinion addresses the legality of a state law that reserves 10 percent of the big game hunting licenses in the public draw for hunters who contract with private, registered outfitters, known as the “outfitter set-aside.” The opinion also raises concerns about how the New Mexico Department of Wildlife combines bighorn sheep hunt units in a way that puts licenses into the “outfitter set-aside” pool.
The opinion was the result of a formal request by almost 20 state legislators who asked the New Mexico Department of Justice to look into the legality of the system after hearing concerns from constituents across the state. Following the release of the state’s annual draw results in April 2026, many resident hunters expressed frustration that they and their relatives have been largely unsuccessful in drawing hunting licenses in recent years.
“We’ve always believed the outfitter setaside is illegal, and we’re pleased that Attorney General Torrez has concluded that in his legal opinion,” said Jesse Deubel, executive director of the New Mexico Wildlife Federation.
“Now our focus should be to put more tags in the hands of New Mexico residents. We thank Chairman Small and the Legislators who requested this opinion. We look forward to working in the next legislative session to reform the system that has been rigged against resident hunters for too long.”
“As a resident hunter, guide, and outfitter, I’ve noticed over the years that the odds don’t favor New Mexico residents across all hunt codes and ‘setaside’ systems,” said Ryan Gentry, owner of the Black Horn Guide Service. “We should not have a system that denies our residents the majority share of opportunity on all published hunt codes to hunt on public land in their own state. There is a better way to protect and prioritize New Mexico hunters while maintaining a healthy outdoor industry for nonresidents as well, and we’re calling on our elected leaders to strike a better balance. I believe you should leave things better than you find them, and I truly believe we can serve our residents and nonresidents better.”
“This is an important step in restoring balance back into our system that should prioritize residents, working families and local hunters,” said Keegan King, a member of Acoma Pueblo and executive director of the Native Lands Institute.
“Hunting has played an important role in indigenous history and culture for generations. It is woven into the fabric of our families and communities, and it remains a living tradition that carries knowledge, responsibility, and connection to place. With this opinion, we call on legislators in both parties to come together and increase the number of tags for our residents.”
The New Mexico Department of Justice (NMDOJ) issues independent legal opinions upon the request of elected officials to help them make informed decisions as they evaluate proposed statutory changes and new pieces of legislation. While it does not have the force of law, an opinion can bolster future attempts by lawmakers to change the current statute.
The law in question is NMSA 17-3-16, which requires a minimum of 84 percent of licenses to be issued to New Mexico residents through the public draw; 10 percent to nonresidents and residents who pay to contract with a licensed outfitter; and 6 percent to nonresidents who are not required to contract with an outfitter.
While New Mexico residents still get the majority of licenses in the public draw, a 2024 report by the New Mexico Wildlife Federation showed that in the 202223 season, nonresidents drew 90.2 percent of the elk licenses available in the “outfitter set-aside” while residents drew just 9.8 percent.
The "outfitter setaside" has the effect of giving out-of-state hunters who can afford to contract with a private entity better odds — sometimes as much as 25 times — than a New Mexico resident hunting on public land to feed their family or pass down cultural traditions. Outfitters often brag about this fact in advertisements to their wealthy clients, saying guided hunts “deliver higher success rates,” give them “better odds at drawing tags” and “the best possible chance at the hunt of a lifetime.”
For generations, New Mexico residents have hunted wildlife on public lands to feed their families, and many worry the current system limits their ability to have a healthy food supply. Elk harvested annually in New Mexico provide enough protein for approximately 12 million meals. But a multi-year analysis of New Mexico’s big game draw system reveals the “outfitter setaside” disproportionately benefits wealthier, less diverse communities and diverts approximately 1.2 million servings of protein — valued at an estimated $3 million retail equivalent — from the tables of New Mexico residents each year.
The Attorney General’s opinion can be found here:
https://nmdoj.gov/wpcontent/ uploads/Attorney- General-Opinion-20 26-12-Elk-and-Bighorn-Sheep-Hunting-Licensure. pdf
Following legal opinion, hunters call for legislation to increase hunting tags for residents who hunt on public land