A recent increase in the number of incidents of livestock being attacked or killed by dogs or coyotes has gained the attention of many residents and the media.  A significant surge in the coyote population in Lea County has created a stronger competition for a diminishing food supply.   Coyotes have been forced to move closer and closer into outlying residential areas where food is more readily available.  Dogs and coyotes are both pack animals.  Domesticated dogs, allowed to run at large by owners, will often instinctively join packs of wild coyotes on the hunt and terrorize neighborhoods. 

An article, which ran in the Hobbs News Sun on December 19,2009 outlined some of the issues and the frustration and fears of residents and owners of livestock.  Some residents understandably feel that they are getting a runaround from County officials in the Environmental and Sheriff’s Department.  Recently, representatives from the Sheriff’s Department, Environmental Division, the County Manager and County Attorney met to discuss concerns and issues and identify potential solutions.   Several things were gleaned from the meeting, including the need to review and revise Lea County Animal Control Ordinances and provide education and information to the public.  To that end, hopefully, this article will provide some useful information regarding the responsibilities and capabilities of some of the entities involved, including the Sheriff’s Department, the Environmental Division, and the New Mexico Livestock Inspectors, as well as explaining the rights and responsibilities of both the owners of the livestock and the owners of the offending dogs.

By statute, the livestock inspector has the primary responsibility for enforcing state laws relating to animals and livestock.  However, due to the fact that there are simply not enough livestock inspectors available to adequately deal with all the violations, Lea County Environmental  Services is charged with enforcing county ordinances relating to animals and livestock.  When Environmental Services is unable to respond, or needs assistance, the Lea County Sheriff’s Department responds.   Although the Sheriff’s Department can respond to any of these calls, deputies do not carry the equipment and tools necessary to capture animals and do not have the means for transporting animals that Environmental Services does.

Dogs/coyotes in the act of killing livestock, or that have attacked livestock and are still on the property of the livestock owner, can be destroyed immediately by the property owner.  Deputies and Environmental Services officers must catch the dogs/coyotes in the act in order to destroy them.  If the officer(s) witness the dog(s) running at large, they may take custody of the dog immediately.  Coyotes will not be captured by Environmental Services.  Otherwise, if there is sufficient evidence to identify the offending dog, a citation and summons can be issued to the owner.  In either case, once the court determines that a dog has killed, or is likely to kill livestock, it is the responsibility of the dog’s owner, and required by law, that the dog be humanely destroyed.  Also, upon such finding by the court, the dog’s owner, or keeper, is liable for all damages.  The enforcement of this provision, however, lies with the courts.

Although the owners of livestock can legally destroy dogs killing livestock, several considerations and precautions must be taken.  First, it is unlawful to discharge any firearm within 150 yards of another dwelling, or occupied building, without prior permission of the owner.  If a firearm is used, surroundings and background have to be carefully considered, as well as caliber, range, and penetration of the weapon being used.  Again, livestock owners can only justifiably kill a dog during, or after an attack has occurred, and only while it is still on the property controlled by the owner of the livestock.

Hopefully, this information will help clarify some issues and explain the rights and responsibilities of the owners of dogs and livestock, as well as the abilities and limitations of law enforcement and Environmental Services.