Judge Temporarily Blocks Wolf Release in NM

A federal judge last week granted the New Mexico Game and Fish Department’s request to halt the introduction of Mexican gray wolves in New Mexico by the U.S. Fish and Wildlife Service until the federal agency meets the compliance parameters put forth by the state.

Earlier in the week, a group of four litigious environmental groups had filed a motion to intervene in the case, including Defenders of Wildlife, the Center for Biological Diversity, WildEarth Guardians and the New Mexico Wilderness Alliance. The court did not rule on the groups’ motion.

U.S. District Judge William P. Johnson’s 24-page opinion and order followed a May 26 hearing at which the New Mexico Department of Game and Fish asked the court to stop federal plans to release a pack of wolves in New Mexico, to cross-foster pups into up to five packs in Arizona, to relocate a single wolf in New Mexico or Arizona and to move around others.

Judge Johnson said New Mexico had shown a substantial likelihood of prevailing on the merits of its claims in the suit and had demonstrated it would suffer irreparably injury in the absence of an injunction.

“The court finds that petitioner is entitled to a preliminary injunction in which respondents are enjoined from important or releasing any Mexican wolves into the state without first obtaining the requisite importation and release permits from the department, and are enjoined from importing and releasing any Mexican wolf offspring in violation of prior department permits,” the opinion said.

While the ruling permits two captive-bred Mexican gray wolf pups introduced into a wild litter in the Gila Wilderness in May to remain with their foster wolves, the judge’s decision reflected a decided blow to pro-wolf environmental groups and support of the state’s authority to regulate and manage its own wildlife.

“I am very pleased with the judge’s ruling,” Game and Fish Department director Alexandra Sandoval said in a statement. “We refused to let the U.S. Fish and Wildlife Service disregard our state’s sovereignty. We will continue our effort to uphold the laws of New Mexico and ensure the Service complies with applicable state and federal law.”

According to New Mexico’s May 20 complaint, under state law, non-domesticated animals cannot be imported or released in the state without a permit from the New Mexico Department of Game and Fish.

In 1998, the FWS began reintroducing captive-bred Mexican gray wolves into the wild in New Mexico and Arizona. In June 2015, the state denied applications by the FWS on grounds it failed to include a species management plan and it was therefore unclear whether the proposed releases “would conflict with state conservation management efforts,” according to the motion for an injunction.

After an unsuccessful appeal, the FWS in an October 2015 letter “indicated that it no longer intended to comply with New Mexico’s permitting requirements and would move forward with the reintroduction of Mexican wolves in New Mexico,” the complaint said.