Opinion challenges system favoring outfitter clients as lawmakers face calls to increase hunting opportunities for residents
GRANTS, N.M. – A state program reserving a portion of New Mexico's big-game hunting licenses for clients of private outfitters violates the state Constitution, according to a formal legal opinion issued Oct. 9 by Attorney General Raúl Torrez.
The finding could lead to changes in how elk and other big-game licenses are distributed, potentially increasing opportunities for residents who struggle to obtain hunting tags through the state's annual drawing.
The opinion, requested by 18 state legislators, concludes that the state's "outfitter set-aside" violates the Constitution's anti-donation clause by granting private businesses access to a valuable public resource without adequate compensation in return.
Under state law, at least 84 percent of licenses in the public drawing are allocated to New Mexico residents, 10 percent to hunters contracting with registered outfitters and 6 percent to nonresidents who do not use outfitters.
Although residents can participate in the outfitter drawing, nonresidents receive most of those licenses.
During the 2022-23 hunting season, nonresidents received 1,429 of the 1,584 elk licenses distributed through the outfitter set-aside, or 90.2 percent. New Mexico residents received 155.
"For generations, hunting elk on our public lands hasn't just been a sport in New Mexico. It's been a way of life," Torrez said. "It's how families put meat on the table, how kids learn the land from their parents and grandparents, and how rural communities stay connected to the ground beneath them."
Competition for licenses is substantial. During the 2025-26 season, 102,653 applicants competed for 22,783 elk licenses available through the public drawing.
According to the Department of Justice, approximately 65 percent of all New Mexico elk licenses go to residents, compared with roughly 81 percent in Wyoming, 87 percent in Idaho and 89 percent in Montana. These statewide figures include licenses issued outside the public drawing.
For Cibola County hunters, particularly those pursuing elk around Mount Taylor and the Zuni Mountains, changes could improve access to hunting opportunities. However, the opinion does not specify how individual hunting units would be affected.
Why the Program was Challenged
When lawmakers established the current allocation system in 2011, outfitters were required to demonstrate investments in New Mexico, including employing residents, paying state taxes and maintaining property interests.
A 2012 federal injunction prevented enforcement of several requirements against individual outfitters, leaving them eligible for the setaside without making those additional commitments.
Torrez concluded that the remaining $500 annual outfitter registration fee does not adequately compensate the state for the exclusive commercial advantage provided through the program.
The New Mexico Wildlife Federation welcomed the opinion and called for legislative changes.
Keegan King, an Acoma Pueblo member and executive director of the Native Lands Institute, emphasized hunting's cultural importance.
"Hunting has played an important role in indigenous history and culture for generations," King said. "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."
The opinion also questions how the Department of Wildlife combines bighorn sheep hunting units when doing so creates additional outfitter allocations without an independent management justification.
What Happens Next?
The opinion does not immediately eliminate the set-aside or change hunting regulations. Legislative action or a court ruling would be necessary to alter the program.
Torrez has urged lawmakers to eliminate or restructure the set-aside. If removed, the resident share of public-draw licenses could increase to as much as 94 percent.
Until changes are adopted, the existing drawing system remains in place.
The full opinion, No. 2026-12, is available through the New Mexico Department of Justice at nmdoj.gov.