In an
effort to thwart the New Mexico Department of Game and Fish, the United
States Fish and Wildlife Service removed the department’s application
to temporarily halt future Mexican wolf releases into New Mexico from
state to federal court late Friday, May 13.
Just
the day before – Thursday, May 12 – the state’s Game and Fish
Department sought a temporary restraining order in the 7th Judicial
District Court in Socorro requiring the U.S. Fish and Wildlife Service
to comply with state and federal laws, obligating them to obtain state
authorization before releasing wildlife, including Mexican gray wolves,
in New Mexico.
Although originally filed in District Court, the application has been moved to the U.S. District Court in Las Cruces.
The department’s application alleges
the U.S. Fish and Wildlife Service ignored state and federal laws last
month by importing and releasing two Mexican wolves without first
obtaining required state permits. “Although
we anticipated this move,” Department Director Alexandra Sandoval said
in a press release. “We believe recent actions by the U.S. Fish and
Wildlife Service violate state and federal law. A review of the state
law violations certainly belongs in state court. Regardless of venue, we
are committed to pursuing this matter.”
Under
New Mexico law, the importation and release of non-domesticated animals
requires a permit from the department and federal law instructs the
federal agency to consult with the states and obtain necessary permits
before releasing wildlife. “The
USFWS decision to move forward with unpermitted and illegal releases of
wildlife into New Mexico demonstrates a disregard for our state’s
sovereignty,” Sandoval said. “We have a responsibility to uphold the
laws of our state and ensure the USFWS complies with applicable state
and federal law. We intend to take those actions necessary to ensure
adherence.”
Under New Mexico
law, the importation and release of non-domesticated animals requires a
permit from the department and federal law instructs the USFWS to obtain
that permit before releasing wildlife. “The
recent and planned releases of Mexican wolves in New Mexico by the
USFWS violate these laws,” the Game and Fish press release stated.
Additionally,
section 6 of the Endangered Species Act requires the USFWS to
“cooperate to the maximum extent practicable with the states.”
Congressmen on both sides of the aisle in 1973 envisioned that this
cooperative statutory mandate would be “the most important section” and
“the major backbone of the act.”
Game and Fish says it seeks to hold
the USFWS accountable to the principles of cooperative federalism
embodied in the Endangered Species Act.
In
the context of the Mexican wolf, the absence of a current, non-interim
recovery plan, coupled with ongoing releases, undermines the
department’s ability to manage a landscape of wildlife resources.
“The
department cannot stand idle when its authority and ability to manage
the State’s resources is threatened,” the press release said. “The
department prefers to work with the USFWS toward recovery of endangered
species, within a species’ historical range,” Sandoval said. “This is
difficult to do without the guidance of a legally sufficient,
science-based recovery plan that clearly articulates recovery criteria.”
In
April, the department offered dispute resolution as an avenue to
address positional differences. On Monday, May 9, the department met
with representatives from the USFWS and attorneys from the United States
Department of Justice. At this meeting, the department offered
alternative solutions to resolve this matter. On May 11 the department
received notification from the USFWS declining all of the proposed
solutions.
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