Senate Engrossed

State of Arizona

Senate

Fifty-second Legislature

First Regular Session

2015

SENATE CONCURRENT MEMORIAL 1003

A CONCURRENT MEMORIAL

Urging the United States fish and wildlife service to focus future Mexican wolf introduction efforts on remote areas within the northern Sierra Madre occidental mountain range, to halt additional introductions of Mexican wolves in Arizona and to shift the responsibility for the Mexican wolf introduction to the Arizona game and fish department.

(TEXT OF BILL BEGINS ON NEXT PAGE)

To the Director of the United States Fish and Wildlife Service:

Your memorialist respectfully represents:

Whereas, on January 16, 2015, United States Fish and Wildlife Service (USFWS) issued a revised experimental population rule under section 10(j) of the Endangered Species Act (ESA) that provides for a population objective of 300 to 325 wolves in Arizona and New Mexico and expands the areas within which Mexican wolves can occupy and disperse with the goal of phasing the releases westward over a period of twelve years; and

Whereas, the revised experimental population rule raises concerns regarding the creation of an unmanageable Mexican wolf population, fails to consider state and local interests and remains silent on Mexican wolf recovery; and

Whereas, Congress enacted section 10(j) of the ESA to mitigate fears that reestablishing populations of endangered species would negatively impact landowners and other private parties, recognizing that flexible rules, developed in consultation with local governments and private citizens, could encourage recovery partners to actively assist in the establishment and hosting of endangered populations on their lands; and

Whereas, to the maximum extent practicable, section 10(j) rules are intended to represent an agreement between the USFWS, affected state and federal agencies and persons holding any interest in land that may be affected by the establishment of an experimental population; and

Whereas, the objective of 1982 Mexican Wolf Recovery Plan is the establishment of a viable, self-sustaining population of at least 100 Mexican wolves in the wild; and

Whereas, at the end of 2014, there were a minimum of 109 wolves in the wild in Arizona and New Mexico, all of which were conceived and born in the wild as a direct result of previous wolf introduction efforts; and

Whereas, the costs to date of this program have exceeded $7.3 million; and

Whereas, the implementation of the revised experimental population rule will allow additional wolves to be introduced within Arizona and New Mexico; and

Whereas, the introduction of wolves into Arizona and New Mexico has resulted in significant adverse impacts on private landowners and resource users, as well as hunting and other recreational activities, which are vital to our local and regional economy; and

Whereas, under its regulations, the USFWS must consult with appropriate state fish and wildlife agencies, local governmental entities, affected federal agencies and affected private landowners in developing and implementing experimental population rules; and

Whereas, in developing its experimental population rules for the Mexican wolf, the USFWS has failed to meaningfully consult with local governmental entities, whose citizens will be adversely affected by the introduction of wolves, and with private land and resource users who will be adversely impacted by the introduction of wolves; and

Whereas, the adopted experimental population rule for the Mexican wolf will create even greater conflicts with private landowners and resource users; and

Whereas, the Arizona Game and Fish Department provided the USFWS and the United States Department of the Interior with a notice of intent to bring a civil action pursuant to section 11(g)(1)(C) of the ESA for the Secretary of the Interior's failure to develop a recovery plan for the Mexican gray wolf that meets the legal requirements in section 4(f) of the ESA; and

Whereas, the federal government has failed to take into consideration the customs, cultures, historic heritage and local and state economic well‑being of areas that have been identified as habitats for this species; and

Whereas, the Secretary of the Interior has a nondiscretionary duty under section 4(f) to develop a recovery plan that incorporates "objective, measurable criteria which when met, would result in a determination, in accordance with the provisions of this section, that the species be removed from the list."

Wherefore your memorialist, the Senate of the State of Arizona, the House of Representatives concurring, prays:

1. That the USFWS focus future Mexican wolf introduction efforts on remote areas within the northern Sierra Madre Occidental mountain range, which contains substantial habitat suitable for Mexican wolves and, in many places, is largely uninhabited.

2. That the USFWS halt additional introductions of Mexican wolves in Arizona.

3. That the USFWS shift the primary responsibility for the administration of the Mexican wolf introduction program in Arizona to the Arizona Game and Fish Department.

4. That the Secretary of the Interior comply with the Secretary of the Interior's duty under section 4(f) of the ESA to develop a recovery plan that incorporates "objective, measureable criteria which when met, would result in a determination, in accordance with the provisions of this section, that the species be removed from the list."

5. That the Governor and the Attorney General of the State of Arizona take appropriate actions to uphold this state's responsibilities with respect to the recovery plan and defend this state against overreaching federal regulations.

6. That the Secretary of State of the State of Arizona transmit copies of this Memorial to the Director of the United States Fish and Wildlife Service, the Secretary of the United States Department of the Interior, the Attorney General of the State of Arizona, the Governor of the State of Arizona, the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives and each Member of Congress from the State of Arizona.