Night vision coyote hunting in New Mexico??

kyle crickenberger

kyle crickenberger

New member
I'm trying to find out if it to hunt at night with nv? I've read 20 different posts on other forums. Some say it is legal, but need landowner signature, some say landowner agent? Cannot hunt pasture land, no public land private only? Is there anybody that knows the law and restrictions and not from some guy that you talked to 5 years ago. Any help would be greatly appreciated.
 
why would you not just call the game dept. and ask them. if u want to know legalities, ask the ones that enforce the laws.
 
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I did. I could not get clear answers. They said they would have someone else call me back that could better answer my questions and I never recieved a returned phone call.
 
Asking the game dept. in usually a waste of time. They are ill-informed, low paid and will not be there when you get in trouble due to their mis-information. The laws are purposely written to be ambiguous so they can be applied how they see fit.
 
I agree with most game departments being ill-informed. It seems that most hunting laws are worded as confusing as possible as if they want to write a ticket for a play on words. There are way to many gray areas, and too many code sections.
 
Jeff, I do not believe coyotes are considered furbearers in nm. I endup up getting in contact with a supervisor at the game department. Apparently it is legal to hunt coyotes at night with written permission from the landowner as an agent. This is for private land only, you must also obtain a artificial light permit ($15). This is where the gray area begins, he said that nv and thermal is legal but a warden could write you a ticket for wreckless use with a firearm or something like that... more or less he said that if you were unable to identify what you were shooting at you could be cited for that. He said that it would come down to how that particular officer wanted to interpret the law. I ended up getting the contact info for the officer that works the area I will be hunting and left him a voicemail. I will keep everyone posted that is intersted on the night hunting laws of nm since there isin't much info on the subject.
 
that's crazy, it is up to the officer and how he or she wants to interpret the law,

they do the same thing here in NJ, I don't understand why they just don't put it in clear writing, either right or wrong.

would save everyone a lot of problems.

we also get the same response from fish and game when I call up to ask a question, call 3 locations, talk to 3 people and get 3 different answers.

good luck if you go
 
I ended up talking to allen Perez an officer with nm game & fish. He serves the Hobbs,nm area we chatted for a while, he was a super nice guy which is a big change from the officers we have here in va. Basically, he said it is legal to use nm and thermal an artificial light permit will be needed. You are only allowed to night hunt private land with landowner written permission and being an agent for the landowner. I explained to him what type of equipment I used as well as suppressors, and that I wanted to have a smooth sailing trip. He said he understood completely and gave me his cell number, he said to give him a call when I arrive and he would meet me and my buddies at the ranch. I told him that is a great idea he can meet us in person, he can see our hunting license, light permit, tax stamp, written permission and the ranch we are hunting, makes life easier on both ends. He said that way of be recieved any calls throughout our trip he would already be aware that we were in the area. We both agreed that it could look a little intimidating or sketchy if an officer pulled up on four guys with suppresed ar's topped with nv and thermal scopes. Lol I'm glad I got in touch with mr. Perez it gives us more shooting time with less headache.
 
not true....you can hunt public land with NV and thermal for non-game species...the proclamation just states you can not use spotlights at night

I have a letter from Game and Fish asking this specifically...and have talked to several officers...
 
and if you are around Albuquerque, let me know, I have rifles setup with NV and thermal...and I just put my FoxPro Shockwave on the roof, I use a thermal monocular to spot, and usually thermal to shoot...much easier getting coyotes here at night, even standing the in back of the truck in the dark lol
 
The problem with any type of night hunting in NM is that it is illegal to
Originally Posted By: NM Game and FishShine spotlights or other artificial lights into areas where big-game species or livestock may be present, while in possession of any sporting arm, except as permitted by rule for raccoon

Technically, your vehicle shines an artificial light into areas where wildlife or livestock may be present. So, if you're toting a hunting rifle and gear, an officer can interpret that you are spotlighting, regardless of your actual intent or action. If you're walking out to a stand with a flashlight, you just broke the law. I suppose if you had no artificial lights at all, and only relied on thermal, you could make a case. It always seemed a little too risky to me, since
Originally Posted By: NM Game and FishVehicles and sporting arms used by anyone charged with spotlighting or hunting with the aid of artificial light may be confiscated at the scene and are subject to forfeiture and sale upon conviction.
That means if a game warden has any reason to believe you're using artificial light, he can take your gear right then and there and keep it until you're either proven guilty or acquitted. I don't want to kill a coyote in the dark bad enough to put my truck and gear in the hands of someone else. Just because one warden says you're good doesn't mean another one will agree.

Of course, the above doesn't apply to those hunting on private land with a permit as a designated agent of the landowner. Those guys can spotlight coyotes to their hearts' content.
 
The problem with any type of night hunting in NM is that it is illegal to
Originally Posted By: NM Game and FishShine spotlights or other artificial lights into areas where big-game species or livestock may be present, while in possession of any sporting arm, except as permitted by rule for raccoon



According to this assessment you could be driving anywhere during the dark, IE you just got done Big Game hunting and they pull you over and state that you were shining your headlights where Big Game and livestock may be present? That would be just about every Sportsman to take to the field.

I guess to make sure you are legal, do not drive around at night with any weapon in your vehicle!

Very Grey area for those in NM. I am sure at some point common sense would have to come into play?

Sounds like it would be best to hunt private lands with written permission from the landowner making you an "Agent of the land".



 
Im starting to think that nm game laws are a joke. DaveABQ sent me the email that came directly from chad nelson. He is the game department information supervisor. The email directly stated that night vision and thermal is legal to use in new mexico on public lands becuase it is a non game species. Its crazy you hear one thing from one officer and another from a supervisor. I think the real deal is none of them know whst in the [beeep] the law is or what is legal and illegal. It sounds like they need to get someone in the department that knows what is going on.
 
Mr. P, common sense is always useful, but alas, is sometimes in short supply. The regulation is so loosely worded that yes, you could find yourself accused of spotlighting virtually any time while out after dark. I always have a flashlight when I'm hunting. When hiking out after dark, I use a headlamp and still have a firearm. Technically, that could be a problem. One could argue that if the gun is unloaded and slung, you're no longer hunting. But, what if you're packing a pistol for self defense (very wise down here near the border, if you know what I mean)? You could be in a pickle. Now, I suspect that most game wardens are going to use their common sense to determine that a situation like that isn't spotlighting. But...

Kyle, the problem is that the law isn't clear, probably because technology has simply bypassed the statutes, many of which date back to the late 70s as I recall. So, it leaves a lot of interpretation in the hands of Game and Fish folks. It seems to me that any device that doesn't "shine" light should be legal for hunting non-game animals after legal hours, but since the regs don't state that, you have to play in the gray area. I don't like that kind of uncertainty when a game warden has the authority to confiscate my rifle and my truck if he believes I'm spotlighting. Just not worth it. Even if the Game and Fish get straight among themselves, without good statutes to back them up, they're still just stuck trying to interpret vague laws. They're really not in a good position, especially the guys out in the field.
 
Originally Posted By: DesertRamMr. P, common sense is always useful, but alas, is sometimes in short supply. The regulation is so loosely worded that yes, you could find yourself accused of spotlighting virtually any time while out after dark. I always have a flashlight when I'm hunting. When hiking out after dark, I use a headlamp and still have a firearm. Technically, that could be a problem. One could argue that if the gun is unloaded and slung, you're no longer hunting. But, what if you're packing a pistol for self defense (very wise down here near the border, if you know what I mean)? You could be in a pickle. Now, I suspect that most game wardens are going to use their common sense to determine that a situation like that isn't spotlighting. But...

Kyle, the problem is that the law isn't clear, probably because technology has simply bypassed the statutes, many of which date back to the late 70s as I recall. So, it leaves a lot of interpretation in the hands of Game and Fish folks. It seems to me that any device that doesn't "shine" light should be legal for hunting non-game animals after legal hours, but since the regs don't state that, you have to play in the gray area. I don't like that kind of uncertainty when a game warden has the authority to confiscate my rifle and my truck if he believes I'm spotlighting. Just not worth it. Even if the Game and Fish get straight among themselves, without good statutes to back them up, they're still just stuck trying to interpret vague laws. They're really not in a good position, especially the guys out in the field. Mr. Desertram,
You are not going to get an argument out of me:)

I know in Colorado a friend of mine tried to get the Colorado DOW to allow NV and Thermal for Coyotes to no avail!

However, they have made it legal for the use of NV and Thermal for the Eurasion Dove and Feral Hogs on private property.

Coyotes is a very very grey area, you must be an "Agent" and you may only use NV and Thermal in a "Damage" control situation.


There are no Feral Hogs in Colorado!!!
 
For whatever it might be worth, there is a principle in law that is called "reasonable reliance." It is a common law prnciple that applies to many, but maybe not all states, so some checking might be in order.

Reasonable reliance basically protects those who have made the effort to comply with the laws by asking the appropriate authority. So, if you ask a game warden if hunting with, say, NV gear is legal on private land with land owner permission, and he says, "Yes" you may rely on the game warden's word.

Take down the warden's name and badge No, get his contact info and you should be good to go. If another game warden doesn't agree, get them to work it out, and the meat fact that you made the effort to comply with the laws should discourage a game warden who disagrees with the first's take to write you up. If he still does, the DA (District Attorney) should/will use his discretion and decline to proceed. Worst case, a judge will, since having a game warden on the stand testifying that A. He told you it was legal, B. that he believed that won't due. (Vague laws are un-Constitutional.)

FWIW, I would take advantage of "permission" in my home state, but fighting an unfair charge from out of state would suck!

JPK
 
I've had good experience with the NM National Grasslands. I am using very expensive gear and do not want hassels. I called and tracked down the officer in charge of the area and visited with him and even invited him to accompany me if he wanted. He said no thanks just call him before I go out so some landowner in the area hearing shots in the night would not be calling him. According to this officer spotlighting is illegal but NV is not spotlighting. Same thing in Texas. I have hunted several National grasslands in NM and Tx and just visited with the officers ahead of time and they were very helpful.
 


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