For Immediate Release: November 29, 2019 Contact: Matt Baca -- (505) 270-7148

AG Balderas Issues Risk Advisory Regarding Reports of Planned Coyote-Killing Contests

Albuquerque, NM—Today, Attorney General issued the following statement and risk advisory to New Mexicans in response to reports of illegal coyote- killing contests proposed for the holiday weekend. The Office of the Attorney General warns New Mexicans that coyote-killing contests are prohibited under law, NMSA 1978, Section 30-18-16. This law, which went into effect July 1, 2019, makes it a misdemeanor to organize or sponsor a coyote-killing contest and a petty misdemeanor to participate in one.

New Mexico is the third state, joining California and Vermont in outlawing these events, in which armed participants lure coyotes to their deaths using decoy sounds. Attracted by the calling devices, coyotes are drawn into the open and subsequently shot. These contests, also called derbies, entice shooters by offering cash and other prizes to those who kill the most coyotes, the biggest coyote, and the smallest coyote. The law applies to all who take part in such contests, making organizers as well as participants subject to criminal prosecution. When enacted, the law made clear that killing a coyote in the protection of a person or property will continue to be permitted. Non-competition hunting of coyotes also remains legal.

“While I support a rancher’s right to protect their livestock and land,” said Attorney General Balderas, "the law does not allow the unlimited killing of animals through the use of contests for cash prizes.”

It has been reported to the Office of the Attorney General that a “Dogzilla Best of the Best” coyote-killing contest is scheduled for November 30, 2019 in Grady. It was reported that this contest is posted through a closed Facebook group. Any event such as this violates the law and will be investigated and appropriate action will be taken.

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STATE OF NEW MEXICO OFFICE OF THE ATTORNEY GENERAL

HECTOR H. BALDERAS ATTORNEY GENERAL

November 29, 2019

Sheriff Wesley Waller Curry County Sheriff’s Office 700 North Main Street, Suite #4 Clovis, New Mexico 88101 Via email to [email protected] ​

Re: Planned coyote hunt in Curry County on November 30, 2019

Sheriff Waller,

On November 27, 2019, the Office of the Attorney General was included on correspondence to you from the State Land Office informing you of a coyote-killing contest scheduled for November 30, 2019 in Grady, New Mexico. Also on November 27, 2019, subsequent to our receipt of that letter, Special Investigations Division Director Benjamin Baker called your office to make sure you were aware of the planned hunt, and Assistant Attorney General Zach Jones later emailed you offering legal and/or investigative assistance to prevent this hunt. We have not received an investigative update to either Director Baker or AAG Jones. I am thus sending this letter to confirm appropriate obligations under New Mexico law, as well as to offer any legal or investigative assistance you might require.

As Curry County’s elected sheriff, you are explicitly vested with the power to see that your County’s laws are both investigated and upheld. NMSA 1978, § 4-41-2 (explaining the duties of a county sheriff). Per statute, it is your duty to investigate all violations of our State’s criminal ​ laws that are called to your attention or of which you are aware. Id. § 29-1-1. ​ ​

On July 1, 2019, it became unlawful in New Mexico to “organize, cause, sponsor, arrange, hold or participate in a coyote-killing contest.” Id. § 30-18-16 (attached to this letter). Curry County ​ ​ resident Walon Jones intends to hold such an unlawful hunt on November 30, 2019. A

TOLL FREE 1-844-255-9210 TELEPHONE: (505) 490-4060 FAX: (505)490-4883 www.nmag.gov MAILING ADDRESS: P.O. DRAWER 1508 - SANTA FE, NEW MEXICO 87504-1508 STREET ADDRESS: 408 GALISTEO STREET - SANTA FE, NEW MEXICO 87501

screenshot of Jones’ online posts are attached to the aforementioned letter to you from the State Land Office. Arguably, Jones’ acts of advertising the contest online, providing detailed rules to potential participants, and the soliciting of entry fees constitutes the planning, organizing, or enticing a person to participate in a coyote-killing contest that the new State law expressly forbids.

You may well already be in the midst of investigating and preventing this planned hunt; however, because you have not responded to contacts from my office, I send this letter in an abundance of caution to make sure you are aware of this scheduled illicit activity. State law necessitates a prompt investigation into any violations of law. Again, should you require any legal and/or investigative assistance to prevent this illegal hunt, I ask that you personally contact me today.

. Respectfully,

Clara Moran Chief Deputy Attorney General [email protected]

cc: (1) Ninth Judicial District Attorney Andrea R. Reeb ([email protected]) ​ ​ (2) New Mexico State Police Chief Tim Johnson ([email protected]) ​ ​ ​ (3) Director of Department of Game and Fish Mike Sloane ([email protected]) ​ ​ (4) Commissioner of Public Lands Stephanie Garcia Richard ([email protected]) ​ ​

Enclosures: (1) NMSA 1978, Section 30-18-16 (“Coyote-killing contests prohibited”) (2) Letter from Assistant Commissioner of Surface Resources Howard Gross, dated November 27, 2019

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Stephanie Garcia Richard State of New Mexico COMMISSIONER'S COMMISSIONER OFFICE Commissioner of Public Phone (505) 827-5760 Fax (505) 827-5766 Lands www.nmstatelands.org

310 OLD SANTA FE TRAIL P.O. BOX 1148 SANTA FE, NEW MEXICO 87504-1148

November 27, 2019

The Honorable Wesley Waller Curry County Sheriff 700 North Main Street, Suite #4 Clovis, NM 88101

Via email: [email protected]

Re: Alleged Coyote Killing Contest on State Trust Lands

Dear Sheriff Waller:

Our office has been advised that Mr. Walon Jones of Grady, NM, is organizing a “Dogzilla Best of the Best” coyote killing contest, scheduled for November 30, 2019, as demonstrated by the attached post on Facebook. The complaint we received noted that this contest is proposed via closed social media groups to happen in New Mexico, including state trust lands, and be headquartered in Grady.

Coyote killing contests are prohibited under New Mexico Statute § 30-18-16, enacted earlier this year, which states that it is unlawful for a person to organize, cause, sponsor, arrange, hold or participate in a coyote-killing contest. In addition, the New Mexico Commissioner of Public Lands Stephanie Garcia Richard banned coyote killing contests on state trust lands by Executive Order No. 2019-001 signed on January 10, 2019.

We respectfully request that your office investigate this matter. I’ve left my phone contact info with your office if you’d like to follow up directly.

Sincerely,

Howard Gross Assistant Commissioner of Surface Resources New Mexico State Land Office 1

cc: Tim Q. Johnson, New Mexico State Police Chief Clara Moran, New Mexico Deputy Attorney General, New Mexico Attorney General’s Office Benjamin Baker, Director of Special Investigations, New Mexico Attorney General’s Office

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