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Mexican Wolf Recovery Area
Trapping Ban Information |
 Q: When does the rule change closing trapping in the Wolf Recovery Area take effect?
A: November, 1, 2010. The Department briefed the State Game Commission at its August and September 2010 meetings, and they voted on a rule amendment at the October 28, 2010, meeting.
Q: What language was added as a result of this rule change?
A: The amendment added the following wording to Title 19.32.2.10.B of the New Mexico Administrative Code: “(10) Commencing November 1, 2010, for a minimum of six months, it shall be illegal to place, set or maintain any steel trap, conibear trap, foothold trap or snare anywhere on public land within the Gila or Apache National Forests in New Mexico, unless otherwise allowed by statute. The prohibition shall remain in place until the State Game Commission takes action based upon a Department study to assess the
risks to Mexican Gray wolves due to trapping and a determination if some methods of trapping could be allowed that pose minimal risk of injury to the Mexican gray wolf.”
Q: Where can the full wording of the updated rule be viewed?
A: The Department has posted the updated rule on the website, and can be viewed here: http://www.wildlife.state.nm.us/documents/documents/TrappingRule_effectiveNov1_2010.pdf
Q: What is the purpose of this Executive Order and rule change?
A: Governor Richardson ordered a six-month ban on trapping in the Blue Range Wolf Recovery Area in an effort to protect the Mexican Gray Wolves that have been reintroduced to the New Mexico portion of the Gila and Apache National Forests.
Q: How long will the ban last?
A: The ban will take effect Nov. 1, 2010, and will be in effect for a minimum of six months or until the Department completes a study of the various types of traps and snares allowed in New Mexico and determines the level of risk to the Mexican Gray Wolf associated with the various traps and snares. Once the study is complete, the Executive Order requires the Department to develop appropriate rules for consideration by the State Game Commission to allow trapping within the Recovery Area only by use of traps and snares that pose minimal risk of harm or injury to the Mexican Gray Wolf.
Q: What is the status of the Mexican Gray Wolf in New Mexico?
A: Mexican Gray Wolves are protected by state and federal laws. The Executive Order is based on requirements in the state’s law related to threatened and endangered species, the Wildlife Conservation Act. The Wildlife Conservation Act provides the Mexican Gray Wolf, which is state-listed as endangered, protection from removal, capture or destruction. The U.S. Fish and Wildlife Service’s goal was to restore at least 100 free-roaming Mexican Gray Wolves in the Recovery Area by 2005. The January 2010 survey confirmed 42 individual Mexican Gray Wolves in the wild.
Q: Can people hunt protected furbearer species and nongame animals by methods other than trapping in the recovery area?
A: Yes. Legally hunters possessing a valid trapper license may hunt fur-bearing and nongame animals with firearms and bows and arrows, in compliance with rules and other legal requirements.
Q: Does this law prevent a livestock owner from trapping furbearers and nongame animals to protect livestock?
A: No. State law (§17-5-5 NMSA) provides that trapping of furbearing and nongame animals, by a resident in order to protect his livestock or domesticated animals or fowl, shall not be subject to rules and regulations on trapping made pursuant to Section 17-5-4 NMSA 1978 or to licensing requirements. Also, Section 17-5-4 NMSA 1978 states that nothing in Sections 17-5-1 through 17-5-9 NMSA 1978 shall prevent livestock producers from the taking of bobcats that are doing damage to livestock.
Q: Do this rule change and executive order prevent the US Fish and Wildlife Service or the USDA-Wildlife Services from using traps while carrying out their official duties.
A: No. The Executive Order specifically states that the Department of Game and Fish and the government of the United States and its agencies are exempted from the trapping ban.
Q: Does this ban apply to traps set on private land?
A: No, the ban is limited to the U.S. Forest Service lands defined as the Blue Range Wolf Recovery Area. Those lands are the Gila National Forest and the portion of the Apache-Sitgreaves National Forest in New Mexico.
Q: Where can a copy of the Executive Order be viewed?
A: Governor Richardson’s Executive Order by be viewed by cutting and pasting the following address into your browser: http://www.governor.state.nm.us/orders/2010/EO_2010_029.pdf
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