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THE MUDDY WATERS OF CURRENT LAW

By Carroll Cox

This is a saga of muddy waters; that is, the common inability of plain folks to determine the proper and legal course of action on any given issue in this era when even killing the wrong kind of mouse could incur SWAT team invasions and penalties from some authority. This one concerns the development of correct elk harassment policy around our town's airport. While visiting with airport business people about other matters, the subject of elk in the runway area came up. With the high elk fences now in place, the problem isn't likely to come up often, but a couple of months ago about half a dozen got inside the fence when the gate was open. Some people on the spot were trying to herd them out when they were warned that heavy penalties could be imposed for harassing elk.

A confab with town officials was interpreted by airport workers and residents to confirm this warning. In the future, if elk got in, the town was to be notified. The town would, in turn, notify someone at Game and Fish, who would give the town permission to shoot the elk but not to harass it/them. The carcass(es) were not to be used, but hauled to the dump.

Our first contact of the day, to Game and Fish law enforcement officer RC, brought forth this response: "This is not true. You may use any means (non harmful) to herd elk off the property, and you cannot kill them." Later, we talked to Town Engineer LRG, who said the understanding of the airport people was "almost correct." The town has a standing agreement with (District 6?) of Game and Fish (contact TH). Game and Fish will give the town permission to chase the elk out (no one else is qualified to chase elk). If elk in the area constitute a "life threatening situation," such as a plane in trouble that needs to come down, a town police officer may shoot to kill (presumably the threat to life would be suspended long enough for the officer to get to the airport).

The dead elk(s) would have to go to the dump because Payson has no FDA-approved meat inspector. In case you're confused, a traffic road kill is exempt from inspection because it involves individuals, whereas consumption authorized by an entity (such as a town) requires authorized inspection.

Got it?

LRG said hopefully in two weeks, when the new airport gate is in place, the potential problem will be entirely eliminated. The gate will open only to let aircraft in or out.

Late breaking newsflash from Game and Fish's TH, who was kind enough to call us from home. Everyday folks will be glad to know that there is no need for town micro-management in elk control. TH says the verbal agreement with the town is that it's permissible for anyone at the airport to herd the elk out. "There has been no discussion of killing elk. We just need a simple phone call saying there are elk on the runway and it is okay to herd them out. This just gives us notice in case something should happen."

Then Town Manager RU called and said, "Oh no, talk to HA at Game and Fish. He said...."

(First published three years ago in Backbone newspaper in Payson, Arizona)

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