Wolves & the Law

WOLVES & THE LAW

A recent article from the Alamagordo, New Mexico newspaper reports:

“A U.S. Fish and Wildlife Service recovery program for the Mexican gray wolf has been in progress since 1998 when the first wolves were released in the Blue Range Recovery Area, a location that included Arizona and New Mexico.
The issue, however, did not really hit home in Otero County until discussion of plans to hold a public hearing was announced by the Otero County Commission on Sept. 12. The hearing was to consider an ordinance to ban wolf reintroductions
"There is a place for these creatures on our planet, but I don't think Otero County is where they need to be," said Commission Chair Doug Moore. "Having said that, I sincerely hope no species of animal goes extinct on my watch."
On Sept. 18, that ordinance was passed by unanimous vote by the Otero County Commission, making it illegal for anyone to release any wild species of Canidae (dog family), Felidae (cat family), or Ursidae (bear family) in Otero County.
"I am wondering how this issue is going to play out in light of the ordinance in Otero County prohibiting the release of wolves," asked Karan Berry, a resident of High Rolls.
Moore, also in attendance, answered Berry's question.
"When I took office, I swore an oath to defend the Constitution of the United States," he said. "That includes the state of New Mexico. If anyone releases a wolf in this county, I will advocate their arrest."
Moore was asked if that would include Fish and Wildlife personnel.
"It would include the president of the United States," he replied.
Ranchers, whose concerns are focused on livestock depredation, are largely opposed to the program.
Others in opposition include elk hunters, who say elk are adversely affected by the predator.
In a recent interview with the Daily News, Rep. Stevan Pearce declared the program to be ineffective.
"Even more than the danger from these predators is the danger from those who regulate these programs," he said. "That is my deepest concern. I am disappointed more of my colleagues could not see the wisdom in eliminating an unsuccessful, ineffective program that has not only failed to produce results, but also threatens the lives and livelihoods of New Mexicans. We have tried the reintroduction program for 10 years and have seen only growing problems and more wolf-human interactions."
Pearce cited several reports from constituents who have witnessed numerous attacks on livestock and pets by wolves.
Addressing depredation, Eve Sargent, Southwest director for Defenders of Wildlife, said compensation to ranchers who suffer losses is commonplace. The organization is the one that makes the payments.
John Slown, a Mexican wolf planner with the USFWS, said regardless of any ordinance at a county level, the federal government would have the final say.
"It is my understanding that on federal land, federal law would supersede county law," he said.

"The Fish and Wildlife Service must take active steps to better manage problem wolves and guarantee that farmers, ranchers, their families, and their livestock are not repeatedly stalked and attacked," he said.
But Steven Diehl, who has studied the wolf for several years, asserts there has never been a single authenticated case of a wild wolf attacking or killing a person in North America.”
Subsequently, the following communication concerning wolves and Otero County was sent to a lady that has read my columns for a long time. She asked me to please comment on it:
“the Otero County ordinance has less chance than the proverbial snowball in hell. Disposal of the public lands and extinguishment of the federal title in them will help but it is no cure the problem with the Mexican wolf or any other species over which the fed has assumed jurisdiction under the Endangered Species Act. The ESA is an entirely separate federal travesty and usurpation of undelegated power. Its genesis can be traced to a court case in the 20's involving migratory birds, a hunter and the constitutional treaty power. The treaty power was grossly misused here to create an othewise non-existant federal power. Maybe you know the story. I have sent information to Otero County before including some RS2477 materiel and also an early version of or Statehood "extract." I have never heard back from them.

Here, not necessarily in the order of importance, are some comments on wolves and the ongoing and increasingly desperate confrontation between rural America and the radical organizations using the political process, politicians, bureaucrats, and our tax money as surrogates for the imposition of their anti-American (the correct term regardless of emotions or its impact) agendas on the United States.

A. One of the most disgusting (again the proper term) aspects of the environmental/animal rights’ campaigns is the persistent and purposeful disregard and concealment of THE TRUTH by government, the press, and the radical ideologues. Consider:
1. These experts (Diehl) are unchallenged and allowed to say, “there has never been a single authenticated case of a wild wolf attacking or killing a person in North America.” Tell that to the young Canadian killed and partially eaten in Saskatchewan recently. Tell that to the Anchorage ladies recounting (in tears) how wolves attacked them on a road near Anchorage. Tell that to the British Columbia residents attacked on the beach and near their homes. All of these are but a few of such attacks documented worldwide in the past two years alone.
2. Will Graves’ book, Wolves in Russia, details the hundreds of attacks by wolves killing and maiming and eating people throughout Asia and Eastern Europe. Rabid wolves, hungry winter wolves, and surprisingly most dangerous of all wolves with pups kill not only stock and dogs but kill and terrorize children and old people and woodcutters and shepherds and farmers and rural villagers and travelers et al throughout northern and central Asia and Eastern Europe up to the present day. NOTE: THIS BOOK WAS PURCHASED OVER 4 MONTHS AGO BY THE CHIEF ARCHITECT AND BUREAUCRATIC LEADER OF THE US FISH AND WILDLIFE SERVICE WOLF PROGRAM. NEITHER THIS MAN NOR ANY OF THESE “DEFENDERS” HAS ANY COMMENT ON THESE F-A-C-T-S ABOUT WOLVES. The wolf program goes forward, the completely illegal use of the Endangered Species Act to decimate game herds, kill ranching, eliminate hunting, and vacate rural America not only proceeds but is given a pass by the media and the courts and all the urban “useful idiots” manipulated by these lies and this purposeful misinformation.
3. The Defenders of Wildlife still boasts about “compensation to ranchers who suffer losses is commonplace”. Tell that to all the ranchers (the majority) that couldn’t “verify” that their stock was killed by wolves. Tell that to all the pet owners and hunters and watchdog owners and sheep dog owners that lost or in some cases watched wolves tear apart THEIR ANIMAL PROPERTY, often on their own real estate in their own yard and even with the children watching. “Commonplace” is a lie and besides how did a non-governmental organization (anti-hunting and anti-trapping at that) get to be a quasi-governmental entity shilling for these agencies and the animal rights/environmental agenda? Why can’t Weyerhouser or Georgia Pacific be a “Wilderness” partner to government programs or cockfighting organizations “partner” with government agencies regarding Animal Welfare programs? Those are serious questions that deserve serious consideration and answers.

B. On the legal/political end of this issue, the disparaging comments to the Otero County heroes highlights our biggest handicap: OURSELVES!
1. It is correct to mention that the Federal claims over wildlife took a big turn when the Lacey Act was passed in 1900 to make it illegal to transport illegally (per state laws) taken wildlife. This is a federal function similar to outlawing transporting whores or kidnapped persons from one state to another. It is also relevant to mention the 1916 Migratory Bird Treaty that was upheld about six years later by the Supreme Court in Missouri v Holland wherein some duck hunters tried to take home more ducks than allowed by the feds and the court said the feds were now in charge of LISTED BIRDS in the Treaty despite state objections. In truth, these laws started the whole shebang wherein today federal employees think they are like the King’s Men (see the “Mexican Wolf Planner above) and federal lands proliferate and close down to the “public” at a rate only envied by despots and dictators down through history. So what? The Endangered Species Act and the Marine Mammal Protection Act and Animal Welfare Act et al are (just like the Lacey Act and the Migratory Bird Treaty ActS, there are several others now likewise full of hidden agendas and purposes but that is grist for another article) generating more and more regulations and court case precedents and employees and lost civil rights as I write. Focus on the wolf problem and its underpinning – The Endangered Species Act and shoot one duck at a time.
2. It is self-defeating to tell County Heroes that their efforts are “like a snowball in hell”. That was true of those that fought for our Independence and look what they did. The feds have and are taking away every shred of authority that has been the bailiwick of state AND LOCAL GOVERNMENTS. Shame on all those Governors and state fish and wildlife agencies that go along for money or for votes, THEY STINK! Hooray for every citizen and landowner and animal owner and animal user and Selectman and County Commissioner and County Executive and state Legislator and state Senator that has the knowledge and gumption to say, “Hold on, this is my (our) community and we represent our communities and their needs and desires and we DO NOT HAVE TO ACQUIESCE to national programs that ENDANGER HUMAN LIVES, kill livestock, kill pets and working animals, eliminate hunting, destroy animal husbandry, and stifle our economies!” God bless them all and would that they would all do it. Only when a groundswell rises up will there be any brakes, much less reversal, on these (call it what you will) federal impositions on free Americans! Save those pooh-poohs for the bar.
3. If you want to help these County heroes, recognize they are like the rest of us, living our lives, raising families, and trying to redirect our federal government from a destroyer of liberty to a protector of liberty. Help them but don’t condemn them for not becoming pen pals or responding through some lawyer. These guys have put their necks on the line and they need our (hear that hunters and ranchers and dog owners et al?) help not our criticism.

The wolf affair is UNCONSTITUTIONAL, OUTRAGEOUS, AND A MORTAL WOUND TO NOT ONLY RURAL AMERICA BUT THE RULE OF LAW AND FREEDOM. The problem is THE ENDANGERED SPECIES ACT, it must be dramatically rewritten or repealed (like Prohibition). So Ex-Congressman Pombo tried the teensiest amendment and was condemned by (guess who?) THE DEFENDERS OF WILDLIFE. Not only was he characterized as an extremist, the DOW et al spent millions to defeat him by such tactics as accusing him of supporting abortion (a lie) and homosexual marriage (also a lie) on papers placed on windshields in Church parking lots (a violation of Mc Cain-Feingold but who cares?) just before the election. So now the Democrat (I am sorry but it is a simple fact) House and Senate have an avalanche of environmental and animal rights legislation set for the upcoming election and the republican President contemplates more “Marine Sanctuaries” (i.e. “wet” Wildernesses) that can become the natural resource use “Black Holes” and biological deserts of their public land “parents”.

The level of discouragement and pessimism has never been greater since I got the federal boot about 9 years ago. Unless Ron Paul gets elected, the “Metro-Republicans” and certainly the Democrats will, from all indications make things steadily worse although arguably at different speeds. Writing about things like the hiding of what Will Graves” Book, Wolves in Russia, documents; the lies of the wolf propagandists; the falsifications of unaccountable bureaucrats; the deceptions of animal rights radical groups like DOW reported as facts by a complicit media; and the amoral profiting from it all by politicians and academics satisfied to see people’s lives put at risk and their property destroyed is truly upsetting. The answer isn’t condemning each other or all the Balkanized grouping of hunters and ranchers and dog owners and cockfighters and horse owners etc.: the answer is cooperation and respect for each other’s rights JUST LIKE THE GUYS AND GALS THAT FOUGHT FOR AND OBTAINED THE RIGHTS AND FREEDOMS THAT WE ARE SO BLITHELY WATCHING GO INTO THE SAND LIKE WATER FROM A SPILLED CANTEEN.

Jim Beers
7 January 2008
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- Jim Beers is a retired US Fish & Wildlife Service Wildlife Biologist, Special Agent, Refuge Manager, Wetlands Biologist, and Congressional Fellow. He was stationed in North Dakota, Minnesota, Nebraska, New York City, and Washington DC. He also served as a US Navy Line Officer in the western Pacific and on Adak, Alaska in the Aleutian Islands. He has worked for the Utah Fish & Game, Minneapolis Police Department, and as a Security Supervisor in Washington, DC. He testified three times before Congress; twice regarding the theft by the US Fish & Wildlife Service of $45 to 60 Million from State fish and wildlife funds and once in opposition to expanding Federal Invasive Species authority. He resides in Centreville, Virginia with his wife of many decades.