Wednesday, May 09, 2007

CATRON COUNTY WOLF ORDINANCE

AMENDED CATRON COUNTY ORDINANCE NO. 001-2007

AN ORDINANCE SETTING FORTH WOLF-HUMAN INCIDENT EMERGENCY PROTECTIVE MEASURES

WHEREAS, on February 15, 2006, the Catron County Commission passed Resolution No. 33-2006, Declaration of Catron County State of Economic and Agricultural Emergency, and

WHEREAS, on January 24, 2007, the Catron County Commission passed Resolution 036-2007, Emergency Wolf-human Incident Protective Measures, and

WHEREAS, the purpose of the following is to amend Catron County Ordinance No. 001-2007; and

WHEREAS, the U.S. Fish and Wildlife Service (“FWS”) final rule implementing the introduction of the experimental wolf population allows Mexican Gray Wolves (“wolf”) to be “taken” in certain instances. See 63 F.R. 1752, 1759; and

WHEREAS, the FWS, joined by the New Mexico Game and Fish Commission, Arizona Game and Fish Department, APHIS, the U.S. Forest Service, and others, in a document called Mexican Wolf Encounter Safety Tips, states that “if in imminent danger, do what is necessary to protect yourself, your family, or the lives of others;” and

WHEREAS, NMSA 1978, § 4-37-1 provides the power to the county to make and publish ordinances to provide for the health and safety of its inhabitants, and

WHEREAS, NMSA 1978, § 4-37-2 provides that county ordinances are effective within the boundaries of the county, including privately owned land or land owned by the United States; and

WHEREAS, the Catron County Commission finds and determines that the re-introduction and existence of the wolf within the boundaries of Catron County, New Mexico, is injurious, detrimental and damaging to the County and its inhabitants; and, human interactions with problem wolves have increased within the last twelve months; and, this increase may result in “imminent danger to individuals, families and the lives of others” within the County.

NOW, THEREFORE BE IT ORDAINED BY THE GOVERNING BODY OF CATRON COUNTY, NEW MEXICO:

SECTION 1. Procedures are hereby established for the “take” of problem wolves which present imminent danger to humans, including children or other defenseless persons, domestic animals and/or livestock; and

SECTION 2. Procedures are also established for demanding removal of problem wolves that are habitually causing physical or psychological effects on humans.

SECTION 3. The Catron County Commission, and/or the Catron County Wolf Interaction Investigator (hereinafter referred to as “CWII”) shall petition the FWS for an incidental take statement or to be an authorized person or for a special management plan, to authorize the “take” of wolves.

SECTION 4. Acting either pursuant to FWS authorization, Section 1 or Section 2 of this ordinance, the CWII shall assume the following actions:....

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