Elk are popular trophy animals. Their massive stature and large antlers make them animals that many hunters dream of taking down some day. People sometimes travel from all over the country for an opportunity to hunt elk in New Mexico.
For others, elk are nearly a nuisance animal. They can cause significant damage to ranches or farmland. Those who own acreage and either cultivate the land or use it to provide for grazing animals can suffer substantial economic setbacks because of elk activity on their land.
Many farmers and ranchers believe that they have an innate right to deal with nuisance animals that cause damage to their private property. Can landowners in New Mexico hunt elk because of the damage they have caused to crops or grazing land?
Ranchers and farmers still have to obtain permits
Those hunting elk for sport generally need to obtain permits either by joining the state lottery or by purchasing them from a reseller. Most people associate hunting permits and elk permits with hunting on public lands. While it is true that permits are necessary for hunting on public land, they are also usually necessary for hunting on private land as well.
In fact, there are special permit programs for ranchers and farmers dealing with nuisance elk that put their agricultural operations at risk. Some farmers and ranchers may gamble on the possibility that they could take down elk causing havoc on their land without getting caught, but they run the risk of criminal prosecution.
Hunting elk without a permit can lead to criminal charges of poaching and a variety of consequences depending on the circumstances. The state can treat hunting without a license as a poaching offense. Depending on the circumstances, including prior offenses, those accused of poaching elk could face up to a year in jail and between $1,000 and $6,000. There are also civil penalties that apply, including up to $10,000 in additional fines.
Those facing criminal charges related to elk hunting may need help preparing to fight those allegations in the New Mexico criminal courts. Farmers and ranchers may also need assistance navigating the complex permitting system maintained to help manage the herds of elk ranging the state. Seeking legal guidance is a good way to get started.