Grazing permit debate finds its way to Greenlee

The fight between ranchers and the U.S. Forest Service regarding the validity of grazing permits on private property is making its way to Greenlee County as the agency struggles to enforce the debate's precedent-setting decision.

Wray Schildknecht is the legal researcher for New Mexico ranchers Kit and Sherry Laney. He said in an e-mail that Greenlee County rancher Dan Martinez will follow in the footsteps of the Laneys as he contests U.S. Forest Service grazing permits on his ranches. The Laneys are involved in the case between the Diamond Bar Cattle Company and the Forest Service.

"Dan filed a Constructive Notice to the Forest Service, giving them notice that he owned the vested fee interest and that it is private property under the jurisdiction of the State of Arizona, not the federal government," Schildknecht said. Although it could not be verified by press time, Schildknecht also said, "This notice will be served on Frank Hayes, Clifton District Ranger, by the Sheriff's Department Tuesday morning (Feb. 17)."

Dan Martinez owns the Martinez and Hickey ranches, which are located northeast of Clifton. Schildknecht said Martinez' parents recently sold the ranches to their son after filing "a Declaration of Ownership of a vested private fee interest for raising cattle on lands held by the U.S. Government within the boundaries of the Martinez ranch."

Martinez' claim of ownership of the fee coincides with the enforcement of the Laney case. Kit and Sherry Laney are ranchers in Catron County, N.M., and recently lost the ability to graze on their private property.

Gila National Forest Public Affairs Officer Andrea Martinez said on Feb. 11 that access to the area encompassing the Laney's ranch was closed at 8 a.m. She also said the removal of the Laneys' cattle will begin in mid-February.

On Feb. 13, the U.S. Forest Service rescinded the area closure and announced the delay of the cattle removal.

"We had hoped to meet our tentative mid-February date, but as it stands, we will not be able to. We do not have a contractor to conduct the livestock removal at this time and are in the process of advertising for bids," District Ranger Annette Chavez said in the release. The release also indicated that "the contracting process may take a few to several weeks."

Rancher and member of the New Mexico Cattle Grower's Association Laura Schneberger told the Courier in early February that the original contractor who was going to remove the cattle had backed out. She said he could not find anyone to help him with the removal, which is necessary when moving hundreds of cattle.

"I think he also backed out because he realized this was a touchy situation in this community, not just a feral cattle issue," Schneberger said.

Catron County Sheriff John Snyder felt obligated by the New Mexico Constitution to stop the order, according to a letter he faxed to Forest Service officials.

The fax was posted on the Feb. 7 issue of www.thewesterner.blogspot.com and voiced Snyder's concerns with allowing federal officials to remove cattle from the property. In the fax, Snyder cites several New Mexico laws that he was concerned could create a conflict of interest.

"These cattle cannot be shipped and sold without being in direct violation of the New Mexico statute," Snyder said in the fax. "I cannot, in good conscience, ignore my oath of office or the liability to my county. I intend to enforce the state livestock laws in my county. I will not allow anyone, in violation of state law, to ship Diamond Bar cattle out of my county."

Andrea Martinez told the Courier last Wednesday that the agency met with Snyder to resolve potential problems regarding the enforcement of the precedent-setting decision. She also said any potential enforcement issues have been resolved with Snyder's department.

"The Catron County Sheriff indicated there would be no interference," Martinez said. "That was very good to hear."

Snyder was not available for comment and did not return a call made by the Courier by press time.

Martinez also said the Laneys are not a threat, and they intend to comply with the removal. She did this to address any rumors indicating otherwise.

A recent misquote from the Silver City Daily Press indicated problems between the Forest Service and Snyder, which Martinez denied.

Rumors have abounded since Snyder voiced his concerns with allowing federal officials to enforce the court's decision.

Schneberger said the Forest Service is faced with another problem because it does not hold a necessary New Mexico Livestock Board certificate "allowing them to manipulate the cattle."

She said, "Apparently, until we started insisting they uphold state law, they were just not going to."

The enforcement of the ruling is also being closely watched by conservation groups such as the Center for Biological Diversity.

Michael Robinson is a representative of the organization and supports the removal of the cattle for numerous reasons.

In July, the Courier reported that Robinson supports the removal of the cattle because he thinks the animals have a negative impact on the Blue Range Mexican Gray Wolf Reintroduction Project.

"Now, their unauthorized livestock are again destroying precious streams and their vegetation and wildlife owned by all Americans -- hundreds of square miles of some of the most beautiful and wild country in the lower 48 states," he said in a Feb. 13 e-mail to the Courier. "This latest bout of trespass has been going on for almost a year, and it's time for the court orders to be followed, for the cows to go and for the Laneys to pay off their newly acquired $64,000 fine."

While conservationists and ranchers hold extremely different opinions about the decisions of the federal court, it is evident that both will be taking note of the situation.

The Courier previously reported in early January that a Dec. 23 press release from the Center for Biological Diversity announced that the Diamond Bar and Laney cattle companies will have to remove hundreds of cattle from two former national forest grazing allotments within 30 days of the Dec. 22 injunction or face severe federal penalties.

The Diamond Bar allotment occupies 146,470 acres and the Laney allotment occupies 27,926 acres. Both allotments are located in Catron County, N.M.

This precedent-setting decision sides with the U.S. Forest Service's opinion that grazing rights must be obtained by applying for a permit with the Forest Service. The Laneys tried to claim that by owning the private property rights, they did not need a permit to graze cattle on the land.

The decision by the judge means the argument used by the Laneys was ineffective and that ranchers who are grazing without a permit will not be able to successfully use it to their defense in the future.

Look to the Courier for more on these events as they evolve.

To contact John Kamin, call 428-2560 (ext. 240) or e-mail him at johnk@eacourier.com.