Embed Size (px)
Citation preview
STATE-TRIBAL COLLABORATION ACT 2016 AGENCY REPORT
June 30, 2016 Prepared by: Jack Young Edited by: Malia Volke
New Mexico Department of Game and Fish
Alexandra Sandoval Director
2
I. SUMMARY The New Mexico Department of Game and Fish (Department) conducted regular operations annually pertaining to the State Tribal Collaboration Act (NMSA 11-18-3 NMSA 2009) during the New Mexico State Government’s fiscal year 2016. The Department participated in both formal and informal interactions with several Pueblos, Tribes, and Native Nations throughout the state and region. The Department through its fish and wildlife missions comes in contact with Native hunters and anglers, conducts government to government consultation with Indigenous Nations, Tribes and Pueblos, and participates in Department and Tribal collaboration on fish and wildlife projects. In particular, The Department has provided, or allowed the gathering of natural resources which are of traditional native interest, either as a bequest, or at a fee, to the Nations, Tribes, and Pueblos. The Department entered into discussions to prepare for the use of and upkeep of Traditional Cultural Properties located on New Mexico State Game Commission (NMSGC) properties. The Department participated in outreach and education programs, including; BIA education workshops in schools with Native peoples, archery training for local Native instructors, and hunter safety programs for Tribal members. The Department has also guided, consulted and collaborated with Tribes and Pueblos on wildlife management, habitat, construction, health, nuisance wildlife, and wildlife law enforcement issues. The Department continued to participate in wildlife and fisheries management data sharing with Tribes and Pueblos. The Department has held joint studies on wildlife populations in collaboration with relevant Pueblos. The Department has invited Nations, Tribes, and Pueblos to comment on statewide wildlife plans and fisheries issues. The Department has collaborated with several Pueblos in hunter access programs on Tribal non-designated lands. Field and resource employees received cultural awareness training offered by the State Personnel Office.
3
II. AGENCY OVERVIEW/BACKGROUND A. Mission Statement The mission of the New Mexico Department of Game and Fish is to conserve, regulate, propagate and protect the wildlife and fish within the State using a flexible management system. This ensures the sustainable use for public food supply, recreation, safety, and to provide for off-highway motor vehicle recreation that recognizes cultural, historic, and resource values while ensuring public safety. B. Agency Overview The New Mexico Department of Game and Fish is the state government agency statutorily created to enforce and administer the laws and regulations relating to game animals, fish, and other wildlife, and to otherwise support the Game Commission in its responsibility to fulfill the purposes of Chapter 17 NMSA 1978 and all other acts for like purposes. To satisfy the expectations expressed within these acts, the Department monitors, assesses, conserves, restores, and regulates the use of game, fish, and other wildlife, manages habitat, and provides relevant technical guidance, information and education, and depredation interventions. The Department provides objective and balanced conservation programs to benefit the full range of wildlife species and their habitats. The Department values collaboration and strives to make the decision-making processes accessible to, and inclusive of, the needs and concerns of all potentially affected parties. . Department services are partitioned into four programs, aggregated by common statutory purpose and outcome: I. Field Operations Program II. Conservation Services Program III. Wildlife Depredation and Nuisance Abatement Program IV. Administration Program
4
III. AGENCY SPECIFIC EFFORTS AND PROGRAMS USED TO IMPLEMENT POLICY Formal requests for Departmental contact from Indigenous Nations, Tribal and Pueblo governments may be channeled through the Tribal liaison or Department administrative channels. However, The Department’s protocols also allow for Department personnel to directly interact with Nations, Tribes and Pueblos. Department administrative interaction with Nations, Tribes, and Pueblos is often initiated based on the recommendation of Department personnel. All records of government to government interaction are archived by the Department Tribal Liaison.
o The Department’s consultation with Indigenous Nations, Tribes and Pueblos is carried out under an internal protocol to address the State Tribal Collaboration Act (NMSA 11-18-3), in assistance to the US Fish and Wildlife Service (FWS) under the National Historic Preservation Act (36 CFR 800.6(b) (2)), and is applied on a case by case basis. The Department under State statute, or terms of FWS grants; consulted with numerous Pueblos and Tribes during the fiscal year 2016. Topics of discussion included wildlife management, construction, habitat programs, and land management. Native Nations, Tribes, and Pueblos with which the Department consulted included: Santa Ana Pueblo, Sandia Pueblo, Acoma Pueblo, Nambe Pueblo, Laguna Pueblo, Zuni Pueblo, Hopi, Santa Clara Pueblo, Picuris Pueblo, Ohkay Owingeh, Navajo Nation, Mescalero Apache, Fort Sill Apache (Chiricahua band), White Mountain Apache, San Carlos Apache, Jicarilla Apache, Southern Ute, Taos, Comanche, Ysleta del Sur, Isleta Pueblo, Kiowa, Southern Arapaho, and the Oklahoma Apache.
o The Department held formal meetings with the Pueblo of Jemez in concern and brought under consideration subjects in specific as future access and use of traditional properties, the upkeep and maintenance of those properties and traditional Pueblo hunting practices.
o The Department’s Hunter Education program is designed to teach hunters responsible,
ethical, and safe field skills needed by sportsmen. When instructing Native youth, traditional Native hunting practices are respected by Department personnel and volunteers. The Department also promotes and encourages use of Native certified Hunter Education instructors for Hunter Education classes associated with Native groups. This past fiscal year, the Department taught, or assisted teaching Hunter Education courses at Zuni Pueblo, Jemez Pueblo, Laguna Pueblo, Santo Domingo Pueblo, Zia Pueblo, Cochiti Pueblo, Navajo Nation, and Acoma Pueblo.
o The Department provided training for archery instructors for local tribal programs to members of the Laguna and Santa Ana Pueblos. The Department provided fishing instruction to Native students at the Santa Fe Indian School, provided contractors for a fishing clinic at the Cochiti Pueblo and sponsored a fishing clinic in association with
5
Pojoaque Pueblo (Buffalo Thunder Resorts). The Department hosted an information booth at the Hunt the Jicarilla Outdoor Expo.
o At the request of tribal authorities, the Department often assists tribal law enforcement with wildlife related legal issues. This past fiscal year, the Department provided assistance to the Jicarilla, Santo Domingo, Cochiti, and Jemez Pueblos and the Navajo Nation regarding poaching, ongoing wildlife violation investigations and other wildlife related crimes.
o Wildlife technical guidance for wildlife predator control and wildlife health and
population issues was provided to the Taos, Acoma and Laguna Pueblos. Predator control consultation for Laguna Pueblo was related to Desert bighorn sheep control of mountain lion populations. Wildlife health issues involved advice on Tularemia in Taos Pueblo and advisement on the statewide outbreak within rodent populations. In addition, the Department assisted the Laguna Pueblo with a terminal elk depredation case along with a necropsy.
o The Department gained permission from Acoma Pueblo to capture and study elk populations on the Pueblo and surrounding areas.
o The Department assisted the Ohkay Owingeh Pueblo with a health and habitat inspection for Grass Carp stocking in Ohkay Owingeh Lake.
o The Department assisted Nations and Pueblos in the management and promotion of sport
fisheries in Tribal waters. The Department consulted with the Navajo Nation on the subject of the San Juan River Tribal fishery, consulted with Santa Clara and Taos Pueblos regarding the stocking of cutthroat trout as part of the Rio Grande cutthroat trout restoration program.
o The Department participated in discussions with federal agencies, concerned parties and Tribal and Pueblo representatives about Rio Grande sucker and chub populations. The Native representatives were affiliated with Cochiti, Isleta, Jemez, Laguna, Ohkay Owingeh, San Felipe, Sandia, Santa Clara, and Taos Pueblos and Mescalero, Jicarilla Apache.
o The Department consulted with Jicarilla Game and Fish on elk imports to Jicarilla lands.
o The Department, by bequest provided turkey feathers and a bear hide to Zuni and Navajo practitioners for traditional practices.
o The Department by bequest provided scientific collection permits for turkey, elk, and
deer to the War chiefs of the Jemez Pueblo for traditional hunts on behalf of Pueblo societies.
6
o The Department shared Rocky Mountain bighorn sheep count data with the Taos Pueblo and collaborated with the Pueblo in the management of two populations.
o The Department shared Bendire’s Thrasher population survey and habitat data with New Mexico State University, Laguna Pueblo, and Cochiti Pueblo. The Department partially funded a New Mexico State University graduate student’s project investigating the habitat needs of Bendire’s Thrasher. Some random areas surveyed during the study were on Laguna and Cochiti lands.
o The Department provided wildlife population information for turkey, deer and elk to Laguna, Acoma and Sandia Pueblos.
o Taos, Isleta and Sandia Pueblos have non-designated tribal property, considered private
rather than tribal properties, enrolled in the E-PLUS and/or A PLUS program. These Pueblos through the E-PLUS and/or A PLUS program received either pronghorn antelope elk hunting opportunities.
o The Department included Native Nations and Pueblo representatives for their input on the State Wildlife Action Plan, these participants were: the Navajo Nation, Acoma, Santa Domingo, Cochiti, Tesuque, Ohkay Owingeh, Jemez, and Santa Ana Pueblos.
o The Department participated in consultation along with the Cibola National Forest concerning the Reserved Treaty Rights Lands Grant for Acoma Pueblo on Mount Taylor.
o The Department participated in planning meetings along with the Cibola National Forest concerning the Multi-Party Monitoring Group for resources in the Manzano Ranger District with Isleta Pueblo on Mount Taylor.
o The Department collaborated with the Cochiti, Laguna, Acoma, Santa Ana, and Sandia Pueblos on wildlife management, technical assistance with grant applications, letters of endorsement, and technical assistance with habitat planning on various projects.
o Department staff members who regularly work with Pueblos, Tribes and Nations have, or
are encouraged to attend the Cultural Competency training by the State Personnel Office (SPO).
7
IV. CURRENT AND PLANNED PROGRAMS AND SERVICES FOR NATIVE AMERICAN AND/OR ALASKA NATIVES
A. Programs and Services provided to or affecting Native Americans, or Alaska Natives. The Department is committed to promoting fixable exchange between Department personnel, Department administration, and Pueblos, Native Nations and Tribes. The Department has no capacity under Chapter 17 NMSA 1978 for exclusive programs, or services as described for Native Americans/Alaska Natives. However, as shown in the fiscal year 2016 activities reported above, the Department routinely collaborates with Native Nations, Tribes, and Pueblos in mutually beneficial projects for implementation of our respective fish, wildlife, public outreach, hunter education, and land management programs and, in addressing cultural/historic preservation issues that arise during the Department’s daily operations. The Department’s programs in which Native Americans participate and/or might have interests are shown below:
Programs and Services Potentially Affecting American Indians or Alaska Natives Program Description of Services Funding
Field Operations Program
The Purpose of the Field Operations Program is to promote and assist in the implementation of Department-supported law enforcement, resource management, habitat and public outreach programs throughout the state.
$9,022,300
Conservation Services
Provides information and technical guidance to hunters, anglers, appreciative wildlife interests and all persons or agencies that manage lands that result in the conservation and enhancement of wildlife habitat and recovery of indigenous species of threatened or endangered wildlife.
$22,762,500
Wildlife Depredation and Nuisance Abatement
Provides depredation and nuisance complaint administration and intervention services to meet the expectations of private landowners, leaseholders, and other New Mexicans for relief and preclusion from property damage, annoyances, and threats to public safety caused by protected wildlife.
$902,700
Program Support Provides support for flexible, miscellaneous systems that furnish direction, oversight and accountability. These funds provide support to all divisions that result in the attainment of planned outcomes for all Department programs.
$7,667,400
8
B. Agency accomplishments and challenges regarding Tribes, Pueblos, Native Nations and/or Native organizations in fiscal year 2016
The Department has successfully engaged in consultation and collaboration with Tribes, Native Nations and Pueblos as noted in this report. The Department will continue to work with the Tribes, Native Nations and Pueblos using a variety of outreach and educational opportunities and will continue to share wildlife data and habitat information for wildlife planning and management throughout the state. The Department will continue to establish and maintain an interactive relationship with individual Tribal, Pueblo and Native National governments at a government to government level. C. Goals for Fiscal Year 2017 relating to Tribes, Pueblos, Native Nations and/or Native organizations. 1. The Department will continue its efforts to promote Hunter Education with Pueblos, Tribes and Nations. 2. The Department is committed to working with State, Tribes, Pueblos and Nations on joint wildlife population concerns throughout the State. 3. The Department is committed to working with and responding to all joint wildlife-related concerns for the State, Tribes, Pueblos and Native Nations. 4. The Department is committed to working with Tribes, Pueblos and Nations to respond to all joint wildlife-related health concerns for the State. 5. The Department will continue to seek out community and education outlets to promote New Mexico wildlife within Native communities, while maintaining an awareness of the Native prospective. V. TRAINING AND EMPLOYEE NOTIFICATION A. State Tribal Collaboration Act Training Certification Department field and supervisory employees from multiple Divisions received the STCA cultural awareness training and certification from SPO. The Department continues to have employees work with the Department archeologist and other individuals who are experienced and have knowledge and expertise in working with American Indians/Alaska Natives and the governments of Indian nations, tribes, and pueblos. B. Employee Notification about the STCA Department managers, project leaders, and field employees are knowledgeable of the STCA policy that the Department abides by. Department employees also have access to the Tribal Liaison for consultations regarding the Act.
9
CONTACT INFORMATION
Position/Program Key Names Agency Head Alexandra Sandoval, Director
New Mexico Department of Game and Fish P.O. Box 25112 Santa Fe, NM 87507 (505) 476-8008 [email protected]
Deputy Director Donald Jaramillo, Deputy Director New Mexico Department of Game and Fish P.O. Box 25112 Santa Fe, NM 87507 (505) 476-8008 [email protected]
Administration Program Christopher Chadwick, Assistant Director Support Services New Mexico Department of Game and Fish P.O. Box 25112 Santa Fe, NM 87507 505-476-8011 [email protected]
Field Operations Program Robert Griego , Colonel Resource Programs and Field Operations New Mexico Department of Game and Fish P.O. Box 25112 Santa Fe, NM 87507 505-476-8010 [email protected]
Conservation Services Program James Comins III, Assistant Director
Resource Programs and Field Operations New Mexico Department of Game and Fish P.O. Box 25112 Santa Fe, NM 87507 505-476-8010 [email protected]
10
Wildlife Depredation and Nuisance Abatement Program Northwest Area - Albuquerque:
Colin Duff, NW Area Captain New Mexico Department of Game and Fish 3841 Midway Pl. NE Albuquerque, NM 87109 (505) 222-4700 [email protected]
Southwest Area – Las Cruces: Mike Matthews, SW Area Captain New Mexico Department of Game and Fish 2715 Northrise Dr. Las Cruces, NM 88011 (575) 532-2100 [email protected]
Northeast Area – Raton Clint Henson, NE Area Captain New Mexico Department of Game and Fish 215 York Canyon Rd. P.O. Box 1145 Raton, NM 87740 (575) 445-2311 clint.henson @state.nm.us
Southeast Area – Roswell Andrew Grey, SE Area Captain New Mexico Department of Game and Fish 215 York Canyon Rd. P.O. Box 1145 Raton, NM 87740 (575) 624-6135 [email protected]
Tribal Liaison Alexandra Sandoval, Director New Mexico Department of Game and Fish P.O. Box 25112 Santa Fe, NM 87507 (505) 476-8008 [email protected] Secondary: Jack Young, Archaeologist/Tribal liaison Wildlife Management Division New Mexico Department of Game and Fish P.O. Box 25112 Santa Fe, NM 87507 (505) 476-8141 [email protected]
11
Appendix A
Agency Tribal Collaboration and Communication Policy
12
13
14
15
16
17
18
19
20
21
22
Appendix B
Relevant Agency Regulations, State or Federal Statutes • Chapter 17 NMSA 1978 • State-Tribal Consultation Act - (STCA) 11-18-3 NMSA 2009 • Governor Richardson’s Statement of Policy and Process – February 2003 • EO 2005-003 Adoption of Statewide Consultation Policy on the Protection of Sacred Places
and Repatriation • EO 2005-004 Statewide Adoption of Pilot Tribal Consultation Plans • Governmental Dispute Prevention and Resolution Act (12-8A-1 NMSA) as amended 2007 • Federal Aid in Sport Fish Restoration Act (16 U.S.C. 777-777k, 64 Stat. 430) • Federal Aid in Wildlife Restoration Act (16 U.S.C. 669-669i; 50 Stat. 917) • Section 106, National Historic Preservation Act 1966 • NM Cultural Properties Act 18-6-1 through 18-6-23 Sections 18-6-8.1, 18-6-5, 18-6-11.2
NMSA 1978
• Public Lands and Natural Resource/ Gaining Access Into Nature regulation 19-34-3.13 NMSA 2009
Appendix C
Maps
The following depicts NMDGF administrative areas and conservation officer districts:
Appendix D
Glossary or Definitions of Special Agency Terms and Acronyms
Acronym Definition NMDGF New Mexico Department of Game and Fish STCA State Tribal Collaborative Act NMSHPO New Mexico State Historic Preservation Office FWS United States Fish and Wildlife Service BIE Bureau of Indian Education NMSA New Mexico Statute Administrative Code CFR Code of Federal Regulation CFDA Catalogue of Federal Domestic Assistance SPO State Personnel Office NMSGC New Mexico State Game Commission
Appendix E
Agreements, MOUs/MOAs With Tribes That are Currently in Effect
Tribe Agency Broad Activity
Agreement Name
Current Status
Contact(s) Phone #
Pueblo of Santo Domingo, Pueblo of Sandia, Pueblo of Isleta, Pueblo of Santa Ana
NMDGF Habitat restoration and management of the middle Rio Grande Valley
Middle Rio Grande Endangered Species Collaborative
Current Donald Jaramillo
(505) 476-8008
Jicarilla Apache NMDGF Import of Cervids to tribal lands
Jicarilla Apache Game and Fish MOU with New Mexico Game and Fish Concerning the Import of Cervids to Tribal Land.
Current Robert Griego (505)-476-8010
