BLM's Final Solution for the Wild Horses and Burros

BLM's Final Solution for the Wild Horses and Burros

Originally Posted Dec 21, 2009 by Laura Allen

 

© Copyright Elyse Gardner

Horse Slaughter Information provided courtesy of Valerie James-Patton and Equine Welfare Alliance, http://www.equinewelfarealliance.org/

Internal documents from the Bureau of Land Management (BLM) shed light on the agency's motives and plans for the wild horses and burros.

Two reports issued by the BLM for internal use only, The Herd Management Option Plans from October 2008, and the Team Conference Calls Report from July-September 2008 contain astonishing proposals to manipulate the WFRHBA and NEPA, eliminate the wild horses and burros altogether from the wild, and until they can be euthanized or sold most likely for slaughter, sterilize them and place them in feedlots paid for by rescue organizations duped into thinking the animals are in private "preserves".

BLM is the agency within the U.S. Department of Interior that is tasked with protecting the wild horses and burros pursuant to the Wild Free Roaming Horses and Burros Act of 1971, 16 U.S.C. §1331 et seq. (WFRHBA) as free roaming animals in their historic herd areas and designated ranges. "All management activities are to be at the minimal feasible level." 16 U.S.C. Sec. 1333. Wild horses are not to be subject to "capture, "harassment" or "death". 16 U.S.C. Sec. 1331

BLM team members involved in these discussions included Jim Stratton, Rob Jeffers, Al Kane, DVM; Jim Johnson, John Neil, Lili Thomas, Gus Ward, Alan Shepherd, Bud Cribley, and Don Glenn.

These reports are almost certainly the precursor to BLM's current proposal issued by Interior Secretary Ken Salazar in October, 2009. The plan as announced is essentially to:

(1) work with non-profits and  wild horse enthusiasts to create "preserves" in the Midwest or east, an idea that runs counter to the  WFRHBA mandate to maintain free-roaming behavior and avoid zoolike settings for these wild animals,

(2) designate additional ranges that under WFRHBA are to be "devoted principally" to the wild horses and burros, but under BLM they have been afforded the same or even less preference than grazing cattle and sheep and other uses of the land, and

(3) work to restore the "sustainability" of herds and public lands which, translated  from BLM-speak, means more slaughter and euthanasia of wild horses and burros and extinction of the herds through continued removal of  wild horses from their herd areas and ranges, aggressive "fertility control", monitoring of sex ratios, and introduction of non-reproducing herds.

This proposal is floating around Congress and the Obama Administration. There has been no indication there will be a hearing or any changes made to the laws or authorization of appropriations that may be necessary to implement the plan. The full plan has never even been made generally available to the public.

Indeed, BLM has already begun to implement this plan.  The removal or gather schedules for 2009-2010 are aggressive, and BLM has shown no signs of reconsidering these plans despite increasing calls for a moratorium on gathers and a pending request for a preliminary injunction on a large gather of 2,432-2,736 wild horses in Nevada set to begin December 28.  Indeed, just a couple of days ago, BLM announced plans to roundup 1,977 wild horses and remove 1,506 from the Antelope Complex in Nevada. The BLM has yet to issue the Environmental Assessment for this action.

And, earlier during the first week in December, without any public announcement, BLM rounded up 217 wild horses on the Nevada-California border. This gather of what are known as the Buckhorn wild horses had been scheduled for the summer, 2010. The roundup was conducted in secret, and it is not known how many horses were injured or killed or what happened to them.

Currently, allegedly "excess" horses, those deemed necessary to remove from designated herd areas or ranges basically because of overpopulation or to "maintain a thriving natural ecological balance", are generally held in short-term (STH) or long-term holding facilities (LTH) on private lands. 16 U.S.C. §§1332, 1333 As of May 31, 2009 there were 8,532 horses and 57 burros in short-term holding facilities that have a total capacity of 15,645 animals. As of that date there were 22,126 horses in long-term holding facilities that have a total capacity of 22,100. The long-term holding facilities are full. BLM claims there are 10,350 excess wild horses and burros that must be removed from herd areas and ranges. Since 2000, BLM has removed more than 74,000 wild horses and burros from the wild, 40% of the population.

Manipulating the WFRHBA

In these 2008 reports BLM employees and consultants discussed placing the wild horses and burros in LTH facilities on public lands by converting grazing rights for cattle. To do this legally, requires changing the status of the horses and burros from wild to titled or owned livestock. The WFRHBA protects wild horses on public lands, meaning they can't be corralled in LTH there.  BLM team members discussed that to keep the animals in LTH on public lands, they would create non-reproducing herds:  "One could argue that a non-reproductive herd is not self-sustaining. Also refer to [43 CFR 4700.0-6  (c]) which states: "Management activities affecting wild horses and burros shall be undertaken with the goal of maintaining free-roaming behavior." By managing for sterile animals we may be taking away their "free-roaming" behavior by altering the social interactions."  If the animals are no longer ‘free-roaming", they are not wild and arguably could be considered livestock and kept in LTH on public lands.

In effect, BLM proposed to manipulate the WFRHBA by actually intentionally destroying herd behavior, free-roaming behavior, which as an agency they are supposed to protect, so that they could get around another provision of WFRHBA to allow the horses to be kept in LTH on public lands.

BLM team members also considered ignoring the WFRHBA prohibition on"relocat[ing] wild free-roaming horses and burros to areas of the public lands where they do not exist" but noted,  "However, a solicitor's interpretation concludes BLM is not prohibited from moving excess wild horses to LTH areas on public lands because no case law implies such a prohibition. Should BLM elect to move excess horses to LTH areas on public lands, appeals or litigation would be likely and could take years to resolve."

BLM team members discussed that the LTH facilities could be nothing more than feedlots. "BLM (or others? ie horse advocacy groups? would buy livestock permits with the objective of managing the allotments for a non-reproducing herd. Due to trouble finding additional pastures for excess horses, we may need to have feed lots. If the humane organization did take over payment of feeding excess horses they would need to pay for whatever type of facility is available."

Note that BLM's current plan as described by Interior Secy. Salazar, calls, in part, for humane groups to take over the cost and care of wild horses and burros placed in "preserves" in the midwest and eastern states. "Preserves" is presumably a euphemism for "feed lot".

In this way, BLM would also manage the animals to extinction. The BLM team member discussed, though, "This alternative may require a change in regulations based on 43 CFR 4700.0-6 (a), which states: "Wild horses and burros shall be managed as self-sustaining populations of healthy animals in balance with other uses and the productive capacity of their habitat."

Actually, for this plan to be legal, Congress would be required to repeal the WFRHBA requirements that BLM manage wild horses and burros as free-roaming "components" of the public lands at the "minimal feasible level" and avoid "capture", "harassment" and "death". 16 U.S.C. § §1331, 1332, 1333.

 

© Copyright Elyse Gardner

Aggressive sterilization and manipulation of herd ratios

Other plans discussed by the BLM team to reduce the wild horse and burro populations included adjusting herd ratios from 50/50 to 70/30 male/female ratios with some of the horses returned to the wild after being gelded and an increased use of PZP, as well as using other unauthorized fertility drugs called Gonacon and SpayVac.

Team members acknowledged Spayvac was "barely available" for research, let alone approved for use as a contraceptive.

With PZP the BLM Instruction Memorandum requires field officials to consider using fertility control and justify when it is not used. During a June 15, 2009 meeting the Wild Horse and Burro Advisory Board noted the liquid the longer term effectiveness of the pelleted form of PZP is unproven. It is also well known that PZP may cause out of season foals.

In the 2008 team reports, BLM team members noted, "This alternative may require a change in regulations based on 43 CFR 4700.0-6 (a), which states: "Wild horses and burros shall be managed as self-sustaining populations of healthy animals in balance with other uses and the productive capacity of their habitat.  ...One could argue that a non-reproductive herd is not self-sustaining.  Also refer to (c) which states: "Management activities affecting wild horses and burros shall be undertaken with the goal of maintaining free-roaming behavior." By managing for sterile animals we may be taking away their "free-roaming" behavior by altering the social interactions."

Despite the clear language of WFRHBA and some of its own regulations, the BLM team asked,  "Do we have an obligation not to affect horse herd behavior?...Does it affect behavior and do we care? Burger stated in the late 80's that you should aim at a ratio favoring females, but BLM thinks a 50/50 ratio is natural. Would having more stallions change the band structure, will mares and colts be beaten down at water bottlenecks? Since we do not have any evidence [changing the sex ratio] is bad, the BLM should be allowed to do this on a large scale. We do not know if it is bad so should we wait until we know?"

BLM team members discussed options such as filling herd areas with only geldings or sterilizing all mares. BLM also discussed placing wild horses in non-reproducing herds and wanted to look in each state for possible places for these herds.

In one discussion team members proposed it would be easier to "justify" a non-reproducing herd rather than zeroing out herd areas.

The idea was to eliminate a herd management area for every non-reproducing herd area that was created.
The team noted, "When making changes on HMAs (sex ratio, gelding, etc) the implementation would be a trial and error".

BLM knew the aggressive sterilization of mares would mean an increased death rate of at least 10% and admitted that "herd behavior would be out the window". BLM admitted, in effect, these aggressive sterilization plans would not only be potentially dangerous to the wild horses and burros, destructive of their herds and families, but also illegal and ultimately cause their extinction.

Euthanasia and Slaughter

The BLM team's favorite ideas for eliminating wild horses and burros appear to be euthanasia preferably in the field and also by reducing restrictions on sales.
  
The team considered, "How many could be euthanized at a gather without having a NEPA?" The BLM is required by National Environmental Policy Act ("NEPA"), 42 U.S.C. §§ 4321, et seq., to prepare Environmental Assessments or EAs or, if indicated, Environmental Impact Statements (EIS) or Finding of No Significant Impact (FONSI), for any proposed changes to public lands that may have a significant environmental impact.  The law directs the agency to identify environmental concerns, consider alternatives including no action at all and take a "hard look" at the problem and minimize significant environmental impact. A significant environmental impact includes actions that are likely to be highly controversial or have uncertain effects on the quality of our lives and that affect cultural and historical resources. 40 C.F.R. §1508.27(b).)

In other words, BLM hoped to be able to kill as many wild horses and burros in the field as possible without implicating NEPA.

BLM also discussed drastically reducing the time wild horses and burros are available for adoption or sale before they would then be euthanized.

The team observed, "People willing to put down healthy horses at gather sites could be a problem....Having vets put down healthy horses at preparation facilities could be a problem...Provide counseling due to stress for employees and contractors that have to euthanize healthy horses".

Team members also asked how many more horses could be euthanized without affecting disposal practices. It was noted that Reno Rendering, for example, "will take as many as could be sent". They checked on the capacity of other rendering plants to take more wild horses.

One team member questioned, "Are we euthanizing horses to save money to complete gathers?"

Under the WFRHBA,  "[a]ny excess animal or the remains of an excess animal shall be sold if--
      (A) the excess animal is more than 10 years of age; or
      (B) the excess animal has been offered unsuccessfully for adoption at least 3 times." Currently, a wild horse or burro must be offered for adoption at 3 specific satellite or adoption events before qualifying for sale under subsection (B). Wild horses and burros sold in this way are called 3 strikes horses. Animals sold under this provision lose the protections of the WFRHBA. 16 U.S.C. §1333(e).

Adopters can take possession of 4 wild horses or burros at a time and title is not transferred for at least one year. 16 U.S.C. §1333(c) Only then do the wild horses or burros lose the protections of WFRHBA.

The team notes indicate, "The team needs to address selling horses without limitation....We need to make horses easier to [sell] by changing our policy on the criteria for what constitutes a three strikes horse."

The team discussed selling eligible horses at the gather site.

The team discussed that a horse would get a "strike" after each adoption event and also each 30 day period where a facility is open to the public by walk up or by appointment. In that way, BLM could say the horse had been offered unsuccessfully for adoption at least 3 times for a period of 30 days, even if no one ever even looked at the horse let alone considered the animal for adoption. After the third 30 day period of unsuccessful adoption offers, the horse would be euthanized on day 31.

A note from a team member states, "Sally had an e-mail from a person in Canada who wants 10,000 horses that he would slaughter the horses and send them to a third world country.  Don is going to send the email....Making horses easier to sale by changing policy on the criteria for what constitutes a 3 strike horse, which could be horses that have been in facility for 90 days or 3 weeks. Jim said he has a demand for horses going to Denmark, but they are having a problem getting titled horses."

Another note advises, "Address the need for congress to change the adoption law and allow instant title."

Notes from a June 15, 2009 Wild Horse and Burros Advisory Board meeting indicate "that BLM [should]advertise and market sale eligible animals (with the intent clause) in foreign countries with known good homes by offering "select sales" for sale eligible animals 11 years of age and over, and for younger animals that have been offered for adoption three times during a 90 day period and that BLM continue to explore opportunities to foster foreign aid by providing sale eligible animals (with the intent clause) to foreign countries for agricultural (nonfood) use."

Only BLM would call a slaughter house a "known good home". The BLM is obviously in contact with kill buyers, those that buy horses and transport and sell them to slaughter houses. Despite the mandate of the WFRHBA, BLM, the agency charged with protecting wild horses and burros as free roaming components of the public lands at the "minimal feasible level" is clearly attempting to smooth the way for their slaughter.

During its discussions in the past year BLM considered ways to keep the public away from round ups and the killing and sales of healthy horses and burros and planned to brand protests as "eco-terrorism".  This was all to be done in secret. Unless Congress or the courts step up and stop this rogue agency, it looks like BLM's plan may succeed.

 

© Copyright Elyse Gardner

  

© Copyright Craig Downer

Go here for information about the WFRHBA and how BLM has eroded the protections for the wild horses and burros. 
Go here to find out how you can join the call for a moratorium on BLM roundups of wild horses and burros.

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Obama Administration Assault On Wild Horses - Update

Obama Administration Assault On Wild Horses

Calico Complex Roundup, Dec. 28 thru Feb 2010
Secret BLM Roundup Continues
Calico Wild Horse Victims: 1,195+ (as per BLM on 1/21/2010)

  
BLM DENIES FULL PUBLIC ACCESS TO ROUNDUP &
SPOON FEEDS GLIMPSES OF DEATHS/SUFFERING
 
Jan 21, 2010 UPDATE:
COLT KILLED AFTER RUN SO HARD HOOVES DESTROYED;
DOWNED MARE DIES AFTER 4 HOUR RIDE TO HOLDING FACILITY  

It's hard to know what is really happening at the Calico roundup because the BLM refuses to allow public observation of all roundup operations. Despite repeated requests for complete observation access, the BLM continues to severely restrict observation to a couple of hours on three days a week. Based on the highly limited information that the BLM is providing ... we now know two more horses were killed yesterday at the Indian Lakes Road Fallon holding facility. 

After being run long and hard, the BLM reports that a colt's hooves were destroyed (hoof sloughing) during the roundup and he was killed on Jan 21. Based on the limited information provided by the government, it is likely this colt was shot to death as the BLM calls using a riffle to shot horses "euthanasia." The BLM claims this colt had been treated for two weeks yet, this colt's condition and treatment was never reported before his death yesterday.  

BLM states that yet another mare died at the Fallon facility after being downed in the trailer probably for hours. Upon arrival she was found down and subsequently died. She was likely trampled as the horses are packed tightly into transport trucks.

No members of the public were allowed to observe the Jan 21 roundup and public observation at the Fallon facility is severely restricted to specific hours on specific days. No one is allowed to go to Fallon Facility until Tuesday, Jan. 26th. Calls were placed to both Assistant Director of Renewable Resources & Planning Ed Roberson and BLM Director Abbey by the Cloud Foundation in regards to the situation at the new Fallon facility. Calls were not returned.

NOTE-BLM Spoon Feeds Select Information:

 On 1/21/2010 BLM posted: "One mare that was down on the transport truck arrived at the facility aliv, but subsequently died. One colt with multiple hoof sloughs from the capture was euthanized at the facility."

On 1/22/2010 BLM re-posted information: "One colt with multiple hoof sloughs from the capture was euthanized at the facility.  The colt was from the Black Rock East HMA and has been at the facility more than two weeks. When the colt arrived at the facility it was put in with the general population. A day or two later, the colt started showing acute lameness and was moved to a sick pen. The facility veterinarian noted the colt's two hind hoof soles were bruised, but there was no visible abscess or  infection. The colt was given antibiotic and anti-inflammatory medicine, was kept segregated and contined to be checked by the veterinarian. The colt's hind feet abscessed and the outer hoof wall did separate. The colt was euthanized by the facility veterinarian."

Jan 16, 2010: Today the BLM allowed public viewing of the roundup operation for a whole 1 hr 40 mins - this out of a 10-hour-day operation which, I'm told, starts at sunrise and ends at dusk weather permitting. We will post video of the roundup in the next day or so. Sue Cattoor indicated by day's end 122 horses had been captured.
 
For a BLM update of the Calico victims click here.

TAKE ACTION: STOP OBAMA/SALAZAR PLAN CLICK HERE.
 
Jan 13, 2010 UPDATE: ANOTHER DEATH REPORTED
BLM reports another death has resulted from the Calico roundup. This time a mare (age unknown) was found dead over this past weekend at the Fallon "Indian Lakes" holding facility. The only information provided by the BLM on this latest death follows: "The veterinarian diagnosis is the mare died as the result of dietary feed change." BLM states that bad weather stopped roundup actions on Thu (1/7), Sat-Mon (1/9-1/11).  Sadly, on Tue BLM took 99 horses from their homes on the range and separated them forever from their families. Latest victims include 43 stallions, 34 mares & 21 "weanlings/foals."

Jan 10, 2010 UPDATE:
Sue Cattoor, owner of the roundup company, has notified us that the mare who was killed by BLM on Jan 28, 2010 was not related to the orphaned foal shown below. This does not negate the tragedy that the BLM has inflicted on these two individuals. There is no way to verify any of this information due to the lack of transparency of the BLM . This confusion is the direct result of the BLM's refusal to allow daily public observation of all aspects of the gov't roundup operation.

Jan 8, 2010 UPDATE:
Yesterday the BLM killed another mare claiming "poor body condition." It is unknown if this mare's condition was documented with video and/or photos.  Despite the controversy surrounding the Calico roundup, the BLM did not photo-document the foal or mare who were killed last week.

For updated number of BLM victims click here.

  

UPDATE ON ORPHANED FOAL (Jan. 7, 2010):
 
First the BLM traumatizes this foal by chasing him with helicopters to remove him from his home on the range. Then after the BLM kills his mother by shooting her, they leave this baby by himself overnight at the capture trap site. The next day he is trucked for hours, with other captured horses, to a holding facility where he is put in a pen with two mare/foal pairs. After he bonded with one of the mares - standing near her for comfort and security - the BLM then pulls him away from this mare and puts him by himself in a pen. Once again the BLM claims to be doing this for the "benefit" of the horses. What a sad and tragic story.
  
Photos and text below from www.aowha.org

1/2/10 on-site observation of the new contract horse holding facility in Fallon, NV:  Our horse observations started at the mare and foal pen. Two of the youngsters were still nursing and were in with their dams. The orphan foal appeared to have socially bonded with one of the nursing mares and her foal. The first two photos show the orphan foal on the left and the third shows interesting markings on one of the nursing foals.

www.aowha.org; W./S. Lamm, Jan. 2, 2010

Update from Willis Lamm, January 7, 2010:
 
John Neill promised to provide an update on the "Calico orphan."   I received the following report this morning.
 
Willis, just a quick update on the orphan.  He has been gaining strength each day.  We did relocate him to an adjacent holding pen next to the pairs in order to provide him more nutrition than he would consume through oat hay.  He presently has both oat hay and alfalfa along with BLM formulated pellets for foals. Dr. Sanford and I continue to monitor the health of the animals each day.

TAKE ACTION: STOP OBAMA/SALAZAR PLAN CLICK HERE.

For updated number of BLM victims click here.

APHIS necropsy of foal run to death on Jan. 1, 2010 available click here. On New Year's Day, the BLM rounded up 10 wild horses but only captured 9 because a 6-month old foal died en route. APHIS vet at the scene, Dr. Al Kane, reported that after being chased by the helicopter for "1/2 mile" the little foal was behaving strangely, falling down periodically. It is reported that the pilot radioed Dr. Kane that this foal was having problems; Dr. Kane went out to see the foal who was found dead. Dr. Kane said that he did a necropsy in the field (available below) and indicated he thought the colt has a congenital heart defect.  They left the body in the field and refused to allow the public observers to witness the body. This foal lived his last moments in utter terror, forced to run, falling repeatedly and his family being stampeded away by government-contracted helicopters.

Jan. 5, 2010 UPDATE: The BLM reports that as of yesterday they rounded up 299 wild horses in Calico Complex, Nevada. BLM claims there were two mortalities to date - the 20+ year old mare who was shot to death due to "poor body condition" and the 6-month-old foal who was run to death (see details below). Photos and/or video of the animals killed have been requested; to date the BLM has indicated it is unknown whether any photogenic documentation was taken.

BLM has moved the capture operation from private land in Paiute Meadows Ranch to private land in Soldier Meadows where they will remain for the next two weeks. Daily access for public observation of the roundup activities is being denied and the BLM has selected 3 days each week (for the next 3 weeks) to allow orchestrated public observation. BLM claims staffing constraints as the reason to limiting public observation of this multi-million-dollar government operation.

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HUMANE OBSERVER REPORT re NEVADA’S “CALICO” COMPLEX WILD HORSE ROUNDUP - 10 January 2010

These pictures are heartbreaking for me, and it took me a while to decide to reblog them from The Cloud Foundation blog. However, this story needs to be told - to everyone possible. So here it is, in all it's pain and glory...

Freedom’s Escape- Expanded Humane Observers’ Report

by The Cloud Foundation

HUMANE OBSERVER REPORT re NEVADA’S “CALICO” COMPLEX WILD HORSE ROUNDUP

10 January 2010

By now, many of you know I have been monitoring the Calico Complex roundup as a humane observer and that I was also likewise engaged last summer in the Pryor Mountains of Montana during the roundup of Cloud’s herd where the horses were driven 11 to 15 miles down the mountain.  I do my best to document and share with all of you who would be here if you could what my eyes and my camera see.  Craig Downer and Bob Bauer have been stalwart companions in the first weeks, and we’ve been gratified to see others coming out to stand vigil for our beloved mustangs who are losing their freedom and their home in this deeply wild and sparsely beautiful mountain range in Nevada.  It is our aim to provide updated, regular reports of what we see although logistically we’ve not been able to keep you all as updated as we would like. There is a tremendous amount of driving involved – Nevada is a big place – along rugged roads in very bad Pogonip ground fog and icy cold conditions.  It is sometimes so cold even my camera objects to being outdoors and won’t work properly, and I must turn it off and on again to coax it to photograph.  Nevertheless, she has been a real trooper and continues to serve us all as well as she can.

First let me say these horses are beautiful, healthy wild horses.  They are far more uneasy around people than Cloud’s herd, who are more accustomed to the sight of humans. The wild horses of the isolated Calico Complex and become quite nervous and swell together in unanimous, anxious whooshes of agitated movement when humans approach the pens.

At this point the beautiful stallion, Freedom, and his struggle and ultimate escape is familiar to many.  While Craig and Bob were over on the side of the pens where they saw closely his attempts and ultimate flight to freedom, I was on the other side of the pens filming the “processing” of the individual horses, which is when I took the photos of Freedom standing upright, with his right front elbow stuck over the top of the fence to the jerry-rigged processing/sorting area the Cattoors set up at their portable trap sites.  I’ve previously posted a picture you’ve probably seen of Freedom’s predicament, in which he got himself into in this sorting/processing alleyway by rearing up in an attempt to go up and over the fence and gate.  After horses are driven in by the helicoper, they are individually put through this little processing area to be identified and evaluated for gender and age, and assessed for injuries and overall condition.  Most all of the horses had a very difficult time with this area.  They are afraid, claustrophobic, extremely anxious, backing up into each other and into the rear gate to the area, heads swinging down low side to side, rearing, kicking the back gate.  Some just stand there frozen. Often it’s a first experience for them of being enclosed.  They are afraid and very anxious.

Freedom, however, is in a class by himself.  I believe Freedom to be Nevada’s Cloud.  Cloud is the only horse we have ever seen turn to face the helicopter before being driven into the pen.  His intelligence, courage, strength, and sheer spunk, as well as his tender affection for his family and his legendary good looks (!) constantly set him apart. Cloud has kept his head in numerous difficult situations, both on the range and in the hands of man, which is why he became a band stallion at only 5 years old.  I believe Freedom has demonstrated that same true greatness of spirit embodied by his courage, presence of mind, and unflinching determination in the daunting face of his greatest natural predator:  man.

I took numerous, rapid-fire photos of this incident, and as a tribute to him, to Freedom, I have decided, in response to people’s interest, to post them lest we forget what it means to these magnificent free spirits to be  f r e e.

Here is my whole sequence in chronological order, complete with timestamps: a wild horse’s terribly frightening ordeal at the hands of humans, yet this is par for the course in the day of the BLM and the roundup contractors.  I am not alleging any specific abuse at the hands of man, rather, it is the general abuse inherent in this entire process of interfering with the wild horses’ right to run free in his own legally designated area.  Calico Complex, consisting of five separate but adjoining wild horse herd areas — Black Rock East, Black Rock West, Warm Springs, Calico Mountain, and Granite Range —  consists of 550,000 acres, easily enough room for 3,095 horses, almost 200 acres per horse.  They are healthy and beautiful now in the dead of winter; they do not need BLM’s form of “help”; what a travesty.  While they are drastically reducing the numbers of the wild horses, BLM has increased the number of cattle allowed to graze in the Soldier Meadows allotment.  These facts need to be known.

Freedom’s story needs to be told, and told again and again, to children and grandchildren.  To this end, Craig Downer and I feel privileged to share the photos we were so fortunate to take, so we are making available these photos to tell Freedom’s story.  We want to do all we can to ensure that his sacrifice was not in vain.  Personally, I am certain he sustained serious injuries to his chest when he hit the barbed wire fence full bore.  Craig observed a deep bloody gash just above his hoof on his front right leg as he freed himself from the wire, but close study of my photographs indicates he arrived into captivity with this fresh cut.  Nevertheless, I find some consolation in the fact that wild stallions sustain serious injuries every season during fights to win and keep mares.  Their resilience is legendary, and with our prayers, God’s grace, and Freedom’s indomitable spirit, he will recover to start a new family and be a reigning stallion in the Black Rock Range if he can stay out of sight during this and future roundups, and stay out of the crosshairs of those few albeit deadly people who seek to rid the range of his magnificent and gloriously beautiful kind.

To put it in Freedom’s perspective:  This ordeal was so serious for him, he was motivated to risk everything in order to escape the possibility of more of the same in captivity.   It only lasted one minute, but his life is now forever changed.  We must stop these roundups and the terrible stockpiling of these tremendously beautiful, peace-loving animals.

Photo A by Craig Downer 1/02/10 11:11:32 a.m.

Freedom’s band being driven into the trap area from Craig’s vantage point up on the mountain.  Note the foal in the rear, trying to keep up.  More foals than adults die from roundup injuries and subsequent complications. Additionally, many foals end up footsore and limping. We saw numerous foals limping in the Fallon holding facility on Thursday, 1/7/10 (separate reports to follow).  Like human babies’ bones, their hooves are not yet hard, and they simply cannot sustain the pounding inherent in long treks keeping abreast with frightened adult horses, especially here on the hard lava rock, at any speed over a walk.

Freedom is in the front attempting to lead his band away from the helicopter threat, to safety. Sensing danger, he has slowed to a trot despite the looming pressure of the helicopter.  Stallions are all about protection of the family.  They are either in front, leading, or at the rear, placing themselves between the perceived threat and their family, in which case the dominant or “lead” mare assumes the responsibility for leading the band.

PHOTO B:  Freedom stretched out now in a full gallop, a last-ditch effort to escape the demon helicopter on his tail.  Although the helicopter sometimes hangs back over the long drive toward a trap site, at this critical juncture the pilot applies maximum pressure to make sure the horses move past their resistance all the way into the pen.  This means the helicopter is very close and very low.  The noise and wind are terrifying.  This is a great shot by Craig capturing the release of the Judas horse, who is trained to run ahead of the wild horses straight into the pen.  The wild horses, being frightened herd animals, tend to follow a strong leader.

Photo B by Craig Downer  11:11:46 a.m.

PHOTO C:  Thirty seconds later, seen from my (Elyse’s) vantage point on the ground:  Hard pressed, Freedom is hesitating, forced to lead his band into the trap. We can see the red-alert position of his ears, high head and arched neck.  Note the wrangler hiding outside the jute-lined fence.  Once the last horse (the foal) has passed, he and others likewise hiding will duck under the fence and start waving their flagwhips as they walk and run toward the horses to push them all the way up into the pen and slam the gate shut.

Photo C – 11:12:11 a.m. – Elyse Gardner

Trapped, frightened horses.  Freedom is farthest right.   Photo D (above) – 11:20:38 a.m. – Elyse Gardner

Freedom and band huddle together.  Note that the deep gash above his right front hoof.  It is a fresh wound.

Photo E (above) – 11:24:09 a.m. – Elyse Gardner

Intelligent and alert, Freedom (farthest right) watches me photograph him while his band looks elsewhere.  I am so very sorry, ashamed of my species…  I tell him what I told Conquistador when photographing him up on Commissary Ridge while trapped in the trailer in Montana:  I am so sorry;  I will tell your story.  I will tell the world. Photo F (above) – 11:24:09 a.m. – Elyse Gardner

PHASE II of Captivity

Stuck on the Fence, Freedom. Photo G – 1/2/2010 11:28:48 a.m – Elyse Gardner

This processing area was a narrow alleyway approximately 15 feet long within which the Cattoors would individually separate the horses to assess gender and condition.  The horses were spray painted on their backs in here, also, to identify from which herd area they were taken.

As you can see below (photo H), Freedom is stuck (see right front elbow).  Sue Cattoor is holding her flag whip (see the thigh-level white plastic bag, which is affixed to a whipstick approximately 3 feet long).

Freedom’s hind legs, his only traction, are struggling, and he’s slipping on the icy walkway as he thrusts to get enough lift to extricate himself.  His mouth is slightly open in these photos; he is extremely stressed.  Being immobilized is frightening enough to a horse, let alone a wild horse, but being immobilized in such close proximity to the greatest predators on earth would be a terrible ordeal for him. We can be sure he is highly motivated to get down off this fence.

Photo H – 11:28:51 a.m. – Elyse Gardner

Below in Photo I, two seconds later, he continues stressed. The pressure of the wrangler on the opposite side of the fence with flag whip uplifted is clearly felt.  He now has some relief in that both hind legs are back solidly on the ground.

Photo I (above) – 11:28:53 a.m. – Elyse Gardner

In Photo J, below, two seconds later, he’s collecting himself.  His mouth is closed.  I am impressed with his self-containment at this point.   He is nevertheless highly motivated to extricate himself from this terrible predicament.  Note that the wrangler opposite Sue Cattoor is no longer present; he is walking around to this side of the processing alleyway.

 

Photo J – 11:28:59 a.m. – Elyse Gardner

This very present, collected band stallion of ten other horses driven in with him (eight mares, two six-month-old youngsters — a sizeable, very respectable band) now turns to look at his persecutor, below.  He has his left front leg over the fence bar as well, giving himself some relief from hanging on the one side and definitely wanting to go over this fence and be free.  I’ve seen horses escape confinement; their only interest is to get away.

 
Photo K – 11:29:01 a.m. – Elyse Gardner

In the photo below, Freedom struggles again to dismount off the fence.  Bear in mind it’s only been about 6 seconds since the wrangler walked away from the opposite side of the fence.  What I’ve termed a “rest” was really just a split second of cessation of struggle.  He was struggling ongoingly to come off this fence.

 
Photo L 11:29:04 a.m. – Elyse Gardner

In photo M below, spray can in ungloved right hand and holding in his left hand his right-hand white glove, along with something else you’ll see in the next photos, BLM’s Nevada wild horse and burro specialist arrives on this side of the fence striding purposefully into the area.  Freedom has removed his left front leg from the fence but remains trapped by his elbow.  Sue Cattoor’s flag whip is visible below Freedom’s left front leg.

 
Photo M – 11:29:07 a.m. – Elyse Gardner

In Photo N below, BLM’s WH&B specialist places on the ground a yellow and gray object resembling a DuraProd electric hotshot (an electric cattle prod).  If that is in fact what it is, I see no evidence of its having been used in this instance.

 
Photo N – 11:29:12 a.m. – Elyse Gardner

 
Photo O- Enlarged

Below in Photo 11, Freedom is highly agitated and struggles desperately to free himself as he is goaded and flagged by Sue Cattoor, her wrangler, and the pressure of the presence of the BLM employee.  His open mouth conveys the angst and depth of his struggle.  He was not struck with the flagwhips; no one yelled at him or made any noise. People moved slowly and deliberately.  From the wild horse’s perspective, it is clearly nevertheless a terrible ordeal.

 
Photo P – 11:29:15 a.m. – Elyse Gardner

In Photo Q, below, 3 seconds later, Freedom is falling backwards as he finally unhooks his elbow from the fence.  I’ve seen domestic horses sustain terrible injuries from fences like this, and I fervently pray he is okay. This turns out to be the least of his worries, as we have all learned.

Photo Q – 11:29:18 a.m. – Elyse Gardner

Below in Photo R, Freedom is catching himself, and he righted himself quickly.  What tremendous power and determination in this very special black stallion.  I also notice the bottom of his hoof.  What beautiful, healthy feet these horses have.  This will change as they become prior-wild horses living in holding pens with no grazing nor any opportunity for roaming over rocks in their natural habitat to naturally wear down the hoof.  If they go to long-term holding facilities in Kansas, Kentucky, and the like, they end up in flat pastures, and their hooves will grow unchecked like our domestic horses’ do, and they will then need routine hoof care.  How does a wild horse get hoof care?  They are generally brought in and driven with flags, much as we see here, into a squeeze chute that turns them on their side, and then their hooves are filed down with an electric sander-type device.  Long-term holding is not without its horrors for these horses.  They are amazingly resilient, peaceable animals who deserve to be left to run free.  I notice the presence of the yellow and gray device on the ground to the left of the BLM wild horse and burro specialist.

Photo R - 11:29:20 a.m. – Elyse Gardner

In photograph S, below, we see Freedom unhooked from his fence nightmare trotting briskly through the now-open gate into the adjoining pen where he would, in the next few minutes, gather all his strength and make several failed attempts at jumping the 6-foot fence before succeeding.

The fence predicament took just under one minute, from 11:28:48 a.m. to 11:29:25 a.m., but it was a life-changing minute for this horse.  Some of our life-defining moments are very short-lived, aren’t they.  This experience left an indelible impression on this horse:  ”I will get out of here, whatever it takes.”

Photo S- 11:29:25 a.m. – Elyse Gardner

Less than a minute after extricating himself and escaping the looming pressure of human presence so close by, Freedom is now in the adjoining pen, immediately beginning his first approach to fly the fence into the relief of his mountains.

Photo T – 11:30:18 a.m. – Craig Downer

Failing his first effort by having hit the fence and fallen backwards, Freedom now struggles to see over the fence and focuses his full acumen on assessing the power and stride necessary to clear this fence, this barrier to freedom.  I feel such pathos in this hysterically desperate, burningly focused, do-or-die mission to flee to his mountains.  He wants it, needs it, so badly he can taste it…

Photo U – 11:30:34 a.m. – Craig Downer

After unsuccessfully hitting the fence twice, Freedom recalculated, and in a final herculean effort he mustered the wherewithal to sail over the fence only to encounter this terrible barbed wire perimeter fence which he hit full bore, becoming ensnared in its strands.

 
Photo V – 11:31:33 a.m. – Craig Downer

Finally, a bittersweet freedom, making a run into the relieving embrace of his mountains, leaving his cherished family behind.  His mares were desperate.  There was one mare in particular, whom I’ve got on video, who made several runs at the fence but knew she couldn’t clear it and repeatedly slid to a halt at the fence, stopping short of an actual jump.  It was heart-wrenching.

Photo W – 11:31:36 a.m. – Craig Downer

Freedom looking back a last time to the family he has to leave behind.

Photo X – 11:31:48 a.m. – Craig Downer

Turning back toward the mountains.

 

Photo Y – 11:32:14 a.m. – Craig Downer

Freedom slipping into the welcome embrace of his mountain home.  We are with you, Noble One.  May you heal and stay always free.

Photo Z – 11:33:25 a.m. – Craig Downer

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
To Freedom, in tribute, for your sake and all your wild family.
And to the wild horse supporters, all of you who take a moment to write congresspeople or call the President to help the wild horses and burros stay wild and free, THANK YOU for giving at least one wild horse a voice every time you take action.
For the wild horses and their humble friends, the wild burros,
Elyse Gardner with thanks to Craig Downer
Caring is great; action is better. — Elyse Gardner, Humane Observer

 

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Foal Killed, Stallion “Freedom” Injured in Dramatic Escape from BLM Cruelty

 re-posted from

 Straight from the Horse's Heart

 Updates from the deadly Calico Roundup by Craig Downer and Elyse Gardener

Below are the photos of the roundup that took place today (Saturday, January 2, 2009) showing how the captured band stallion, “Freedom,” valiantly fought for and regained his liberty although he had to leave his family of 8 adult mares and 2 colts. Jumping a 6-foot fence and immediately thereafter breaking through a barbed wire fence and injuring himself, this was an awe-inspiring, do-or-die effort demonstrating the loathing of captivity to a wild horse and his need for freedom. We can only pray for his recovery from the injuries the sustained from the barbed wire.

Before his escape, he became hung up by his front legs when he reared with all his might to attempt an escape from the narrow fenced area where he was being examined by Sue Cattoor and her wrangler.

Also included here are shots of the capture of his entire band, the 11 horses including Freedom himself.

More to come. Right now we are just sending stills. We have videos and interviews, but these photos really do capture the anguish and drama of the roundup for these majestic icons, our treasured American wild mustangs.

Sincerely,
Craig C. Downer, Wildlife Ecologist

Additional Note: On New Year’s Day, the BLM rounded up 10 wild horses but only captured 9 because a 6-month old foal died en route. APHIS vet at the scene, Dr. Al Kane, reported that after being chased by the helicopter for “1/4 mile” the little foal was behaving strangely, lying down periodically. It is reported that the pilot radioed Dr. Kane that this foal was having problems and Dr. Kane went out to see the foal who was found dead. Dr. Kane said that he did a necropsy in the field and discovered congenital heart defect and said that foal couldn’t have handled any exercise and probably wouldn’t have lived to adulthood.  They left the body in the field and refused to allow the public observers to witness the body.

Band stallion, Freedom, in the lead. You can see the Judas horse, trained to run into the pens so the wild horses will follow, being released. - Craig Downer

During examination, Freedom attempts escape and gets caught up on the fence while Sue Cattoor looks on. - Elyse Gardener

Preparing for final herculean effort to clear 6-foot fence to freedom. - Craig Downer

Freedom escapes only to hung up in barbed wire - Craig Downer

A horrible victory, injured with entire family left behind - Craig Downer

Judge Friedman Denies Preliminary Injunction But Questions BLM Policies

from  Animal Law Coalition

Posted Dec 21, 2009 by lauraallen

Update Dec. 23, 2009: Judge Paul L. Friedman has denied the motion by plaintiffs In Defense of Animals, Craig Downer and Terri Farley, for a preliminary injunction to stop the roundup of up to 2,736 wild horses from the Calico Mountain Complex herd management areas in Nevada.

But the judge has also rejected that BLM can continue to keep unadopted wild horses and burros in long term facilities. The judge agreed with the plaintiff that BLM has no authority to transport healthy unadoptable horses and hold them in long term holding facilities especially in places where they were not located previously, Oklahoma, Kansas or South Dakota.

The judge, however, found the plaintiffs did not raise this argument until their reply brief and it could not be the basis for a preliminary injunction. The judge said the defendants had not had time to brief the issue fully. The judge did reject the BLM's contention that Congress had ratified its policies of putting unadopted wild horses and burros into long term holding facilities by approving appropriations bills.

The judge suggested the agency postpone the roundup scheduled for December 28 but declined to issue an injunction at this time. The judge reasoned that if the BLM proceeds with the gather, knowing that long term holding may not be an option and with no funds under the Appropriations Act, FY 2010, for euthanization or sale for slaughter, the agency must come up with another solution for the horses it will have removed from the wild. The judge said that once removed as excess, the horses could not at that point simply be returned to the herd areas.

The judge found "untenable" the plaintiffs' other contention that BLM cannot round up and remove horses en masse. The court rejected the plaintiffs' interpretation of the Wild Free Roaming Horses and Burros Act, 16 U.S.C. Sec. 1331 et seq, (WFRHBA) that BLM must determine on a case by case basis those horses deemed "excess" or causing an overpopulation, and then remove them under a tiered approach with the old, sick and lame taken first and then the healthy adoptable horses. The judge said such a process would put the BLM in "an impossible Catch-22"  because the agency could not really evaluate the health or age of horses without capturing them first. The judge found the WFRHBA did not prohibit the BLM's current method of rounding up horses, separating them, sterlizing and returning some and placing others in short term holding facilities for adoption or sale.

Judge Friedman did also say the public and BLM's interest in controlling the overpopulation of wild horses could be negatively impacted by a delay. He said "issuance of an injunction at this stage might lead to substantial growth in already overpopulated herds" in the Calico Complex. The judge said that, according to BLM, a spring roundup could result in more injuries for the wild horses.

This ruling does not end the case. With this ruling, judge rejected the motion for a preliminary injunction to keep the status quo pending a final decision. It is a serious warning to BLM that the judge does not think its policy of keeping wild horses in long term holding facilities, is legal. But, unfortunately, unless BLM takes the judge's advice, the Calico roundup will proceed on Dec. 28.

At this point, the best course of action is to call on President Barack Obama and BLM to stop the roundups. Urge Congress to take action, too, and demand a stop to these roundups!  Go here to find out how you can join the call for a moratorium on BLM roundups of wild horses and burros. 

For more on the plaintiffs' allegations, read Animal Law Coalition's  original report.
  

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I-Team: Injunction Filed to Fight Wild Horse Roundup

 Chief Investigative Reporter George Knapp and Photojournalist Matt Adams

I-Team: Injunction Filed to Fight Wild Horse Roundup

Posted: Dec 16, 2009 8:06 PM EST Updated: Dec 16, 2009 8:10 PM EST  

The fate of thousands of Nevada's wild horses was on the line Wednesday in the nation's capital. Advocates for the horses asked a federal judge to stop a massive roundup planned for later this month in northern Nevada.

The focus of the court battle is the proposed Calico roundup. The Bureau of Land Management says it needs to remove 2,700 horses from an area larger than 500,000 acres and it needs to happen even in brutal winter weather. Advocates for the horses argued the BLM action is cruel, dangerous and clearly illegal.

"The whole idea of the Wild Horse Act was the horse living in its natural state on the continent of its origin. Now that's being perverted and they are being made into slave horses, against their will and against the will of the people," said Wildlife Ecologist Craig Downer.

Downer is one of two Nevadans who lent their names to the lawsuit filed in Washington by the group In Defense of Animals to stop BLM in its tracks.

BLM had planned to start the roundup December 7, 2009 but delayed its plans for a few weeks. Unless Judge Paul Friedman orders otherwise, BLM will unleash its wranglers and choppers on December 28, 2009. The three-month project could cost $1.7 million in taxpayer money and remove 90-percet of the estimated 3,000 horses that live on more than half a million otherwise empty acres of public land.

The Calico gather is one of many on the BLM schedule. The bureau wants to capture another 12,000 horses to join the 33,000 already living in government pens. Earlier this year, Downer said the BLM's new found sense of urgency goes too far. "It's totally in your face extremism. It's a bold faced attempt to obliterate, and those few they leave, they sterilize them, cut them down to such miserably low numbers that they will become inbred or some rancher is going to come out and shoot the rest of them," he said.

In its public statements, BLM argues it needs to remove the horses right away to protect the range from overgrazing, even though last year the bureau approved an increase in cattle grazing in the very same range, saying then that damage from horses was negligible.

The lawyer representing Downer and the other parties thinks a winter roundup will kill many of the mustangs but his arguments in federal court focused on the law. "It does not include a roundup such as what is contemplated here. In fact, it is quite the opposite," said attorney Bill Spriggs.

Spriggs told the judge that the law lays out specific steps that must be taken before mustangs can be removed from public land, and that BLM hasn't followed any of them in the Calico Hills. He further argued BLM has no legal authority to warehouse horses in out-of-state holding pens, which is where most of them end up, in part because BLM puts minimal effort into adopting them out.

The judge said that if he agrees with the argument and stops the roundup, he's concerned what would become of the horses already captured. Mustang advocates say its BLM's own fault for not following the law. "That was a self-inflicted wound since they're spending 70-percent of their budget on horses in Kansas and should have spent it managing the horses in the first place," said Spriggs.

Because the roundup is slated to begin December 28, a decision on the preliminary injunction will have to come soon, most likely by next week. If it is granted, the mustang advocates will have the time to launch a much broader legal assault on the BLM's entire approach to the wild horse issue.

The I-Team special report on wild horses, Stampede to Oblivion, is re-airing this Saturday afternoon at 4 p.m. and it covers many of the central issues in this debate.

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