New Mexico's Cougars Get No Help From Weak State Statute
December 2005
In January 2002, APNM sued the New Mexico Game Commission for its arbitrary and capricious regulations that resulted in cougar killing quotas as much as three times higher than a state-sponsored cougar study recommended. This lawsuit was the culmination of two years of exhaustive research, Game Commission monitoring, and development of the case. Despite the solid arguments in the lawsuit, the District Court ruled that the Commission was justified in its actions, having simply taken public input and held meetings on the subject.
The judge felt the Commission met the "technical" requirements of the currently archaic statute, which states that the Commission "shall give due regard to the zones of temperatures, and to the distribution, abundance, economic value and breeding habits of [the cougar]." N.M. Stat. Ann. § 17-1-26 (Michie 1978) (emphasis added).
Under New Mexico state law, the Commission must also "provide and maintain an adequate supply of [cougars] within the state of New Mexico."
This disappointing result demonstrates an urgent need to amend the state's wildlife statutes to mandate best-available, science-based wildlife policies instead of policies that can simply rely on outdated wildlife management standards and statutes and which can be based on anti-predator biases.
Animal Protection of New Mexico will continue to pursue responsible protections of cougars in the state, regardless of the irresponsible actions of the New Mexico Game & Fish Commission.
