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1°8C Board of Commissioners .:.Page Three June 12,-1987 I have added the words "excluding domesticated livestock" to this Clause to parallel the first clause in the definition. 6. Section xII restricts the use of steel jaw traps. Under the terms of the ordinance they may only be used in accordance with a depredation permit duly issued by appropriate authorities. I have read the letter to Moses Carey written by Donald Ingraham (a copy of that letter is enclosed) .wherein Mr. Ingraham argues that the County is not preempted from enacting a 5 ban on the use of steel jaw traps. I will not quibble with Mr. Ingraham's arguments because I think this ~ issue should be resolved as a matter of policy. If the ~ ° Board wants to ban the use of steel jaw traps, it ~ should do sa by ordinance and request local legislation ~ to insure county authority. The extent to which the ~ State wildlife regulations preempt local governments in r the matter of trapping with steel jaw traps has not _ ~ been litigated in North Carolina. Although I think the .-~~--.~ Gounty can make an excellent argument that banning Y steel jaw traps except in the limited circumstances permitted under the ordinance will have "only a minor v ~ and incidental impact on the conservation of ... i o wildlife resources (see the discussion of North ,_., ~ Carolina General Statute Section 113-133.1(c) in Mr. m Ingraham's letter), I can envision circumstances where z that standard could become a factual question that ~ would have to be resolved by the courts. Therefore, ~ the best course of action for the County is to follow a up its ordinance action with local legislation on this ____ point. This can be accomplished as early as the Short ~ Session of the General Assembly that will meet next ~, summer. z a ~ Should the Board elect to keep the limitation on ~ the use of steel jaw traps in the ordinance, I recommend that 1efinition No. 10 be changed in the last sentence as follows: - _ Such terms shall not be construed to include lawful taking of animals under the jurisdiction and regulation of the Wildlife Resources Commission, lawful activities sponsored by agencies conducting biomedical research or training and lawful activities for sport. Notwithstanding regulations of the Wildlife Resources Commission regarding the use of steel - jaw traps, steel jaw traps may only be used, set, ~ placed, maintained or tended as provided in - Section XII of this ordinance.