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