Showing posts with label Nevada. Show all posts
Showing posts with label Nevada. Show all posts

9/25/10

Press Release From Grass Roots Horse - September 24, 2010

Velma Bronn Johnston "Wild Horse Annie&qu... 
Velma Johnston 
September 24, 2010

FOR IMMEDIATE RELEASE

Maureen VanDerStad
860-598-0095
Contact: Info@grassrootshorse.com

A Motion for a Temporary Restraining Order was filed at 5 a.m. PT September 24, 2010 in Nevada. The action was brought by Laura Leigh, photojournalist and videographer who is supported by Grass Roots Horse in this matter.

The motion asks for an immediate cessation of all helicopter roundups and all related activities regarding any and all aspects of any actions related to wild horse movement, gathering or rounding up as well as any actions involving all horses in short or long term holding.

This motion is about accountability, access, and transparency. “This is about the horses, each and every horse. Every individual life that leaves the range matters and is important to the American public. This is not about some bulk inventory and it is about time that the government recognizes that fact. We are not going away. The wild horses and burros are living beings mandated to be managed humanely.” said Maureen VanDerStad of Grass Roots Horse, a nonprofit group based in grass roots activism.

This battle for humane treatment and proper management of the wild horses and burros has been going on for decades and is still going on. It began on a grass roots level when Velma Johnston first sought to stop the killing and abuse of the wild horses and burros six decades ago. That effort resulted in the Free Roaming Wild Horse and Burro Act of 1971, which mandated, among many other things, the humane treatment of these symbols of our American heritage and pioneer spirit. The Bureau of Land Management and the Department of Interior have steadily and secretly chipped away at those mandates and protections over the years resulting in the abominable situation we have now. Anything to do with the wild horse and burro program or the animals themselves, even their location, is shrouded in secrecy and hidden under layers of excessive bureaucracy.

Copy of the filed motion: Link

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9/24/10

Press Release From Grass Roots Horse - September 23, 2010

September 23, 2010

FOR IMMEDIATE RELEASE
Maureen VanDerStad
860-598-0095

Contact: Info@grassrootshorse.com

A Complaint seeking Declaratory and Injunctive Relief was filed September 22, 2010 in regard to the proposed Silver King Wild Horse roundup to be conducted in Nevada by the Bureau of Land Management. The action is brought by Laura Leigh, a credentialed photojournalist and videographer who had been among other members of the press who were singled-out during previous wild horse roundups, which the Bureau of Land Management (BLM) euphemistically calls “gathers.”
She was precluded access to areas where other media or press, who were hand-selected by BLM, were permitted unfettered access to observe and to report. In addition, access that would allow press and public to observe the health and well-being of the horses after they were captured was either denied or severely limited.

“Without a free press able to operate as intended by our First Amendment Rights, our system of democracy fails. And it is failing now. This agency (BLM) is doing everything it can to impede the process of informing the public of its actions and all activities. From the necessity to FOIA documents (filing a request for information through Freedom of Information Act) to actual activities on the ground, the BLM goes through tremendous gymnastics to control content of what the public knows and can see. “That’s not democracy, this is something else.” said Plaintiff Laura Leigh.

These recurring actions and conduct by BLM in regard to allowing public access as well as not openly accounting for the handling of the horses from the point of their capture to their ultimate disposition, have been consistent and well documented and are the basis for the complaint filed yesterday, which seeks to ask the court’s help in ensuring it does not happen again, and that a system of transparency and accountability is put in place and enforced. A jury trial has been requested.

The BLM and the Department of Interior published their intent to close public lands for the duration of the Silver King wild horse roundup, and that they would allow only two public observation days, both to be on Tuesdays, throughout the entire three week operation. The Hon. Larry R. Hicks recently ruled that closing public lands during roundup operations and limiting public and press access were prior restraint’s on First Amendment Rights.

“The Press was protected so that it could bare the secrets of the government and inform the people. Only a free and unrestrained press can effectively expose deception in government. And paramount among the responsibilities of a free press is the duty to prevent any part of the government from deceiving the people” Justice Hugo Black, 1971

This legal action is supported by Grass Roots Horse, a nonprofit equine welfare charity with a focus on citizen action and grass roots level involvement. “This legal action has needed to happen for a long time, said Lisa Owen of Grass Roots Horse. “Sunshine is the best disinfectant and the public has every right to ensure the welfare of the wild horses and burros at all times and to demand that accurate records on each and every horse or burro be maintained throughout. The public must have unquestionable assurance that the care and treatment of the wild horses and burros are based with the best interests and welfare of the horses and burros in mind, especially since taxpayers are footing the bill for it. We have more than a vested interest in not only the fate of the wild horses and burros from capture onward, but throughout their lives. It is only fitting that a jury trial has been requested.”

The legal filings can be viewed at grassrootshorse.com
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9/22/10

BLM to continue castrating wild horses using disputed anesthesia protocol

Succinylcholine is a neuromuscular blocking agent and has NO anesthetic properties. This is the same drug that Dr. Richard Sanford used for castration at the Broken Arrow holding facility in Fallon, Nevada, causing the deaths of several geldings by pulmonary hemorrhage.

Why in the world would the BLM continue to use this dangerous and outdated drug? Well, why not? If you don't give a damn about the suffering and/or death you inflict on an innocent, gentle, intelligent Being who's only crime is existing, you can do whatever you want.

I won't write out what I would LIKE to do to these heartless zombies because I try to maintain a G rating for my blog, but I'm sure I can leave it to your own imagination to fill in the blanks.

Truly, words fail me. I'm coming to believe there is NOTHING these people will not stoop to in order to remove these magnificent creatures from the land that is theirs as native wildlife and by mandate of law. Whatever the reason they think they have for these atrocities, in reality this is nothing but mindless madness.

To those in power who have done NOTHING despite the endless pleas, I say to you that you're not fit for the position you hold, and, if it is within my power, you will not keep it. One of the many incredible things about horses is that they do not hold grudges. I however, do.
Amplify’d from www.examiner.com

Maureen Harmonay

BLM to continue castrating wild horses using disputed anesthesia protocol

Two stallions at the BLM's Indian Lakes Road holding facility in Fallon, Nevada

Photo: Copyright Cat Kindsfather. No use without express written permission.

It's official.  The BLM intends to disregard HSUS veterinarian Dr. Eric Davis's "serious concerns" about the use of the paralytic drug, succinycholine, as an anesthesia agent during wild horse castrations.  It doesn't matter that succinylcholine has already caused the deaths of several geldings castrated by Dr. Richard Sanford at the Broken Arrow holding facility in Fallon, Nevada.  And apparently, it doesn't matter that the drug routinely causes potentially fatal respiratory difficulties that are best addressed by pressurized oxygen equipment that is not even available at BLM facilities.

No, it doesn't matter what anyone says:  the BLM and its veterinarians make their own rules, often without regard for what is in the best interests of the wild horses they purportedly manage.  In response to inquiries from Leslie Peeples about the BLM's continued use of succinylcholine during castrations, BLM Public Affairs Officer Jeff Fontana furnished a statement from the agency which claims that "complications and side effects are rare."
Read more at www.examiner.com
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9/3/10

More Roundups Planned Despite Pleas from Congress

This is it, people. If the BLM is allowed to continue the roundups scheduled for this year, it will mark the end of the line for America’s Wild Horses. In the unprecedentedly aggressive roundups so far this year, the BLM has taken has taken every herd they’ve “gathered” below the level of genetic viability - in short, they left so few horses that the gene pools in the herds are too small for long term survival.

Craig Downer, the famed wildlife ecologist, has warned of this for years, and here it is. The BLM knows exactly what it is doing - make no mistake. They want the horses off the range. ALL of them. Then they can expand existing mining operations, start new mining on pristine land and start blasting the way for the Ruby pipeline - carrying BP gas, among others - across five states.

If the BLM is not stopped - NOW - our Wild Horses will be extinct. And we will have paid for it with OUR taxes. Is this really what America has come to?
Amplify’d from www.8newsnow.com

Chief Investigative Reporter George Knapp and Chief Photojournalist Matt Adams

I-Team: More Roundups Planned Despite Pleas from Congress



I-Team: More Roundups Planned Despite Pleas from Congress

3:36
LAS VEGAS -- Government contractors have fired up their helicopters for yet another roundup of Nevada wild horses. The latest gather targets a remote area north of Ely, Nevada.
Four more roundup operations are on the schedule in our state this year. They will not only thin the herds, but wipe them out altogether.
2010 already ranks as one of the most aggressive in the history of Bureau of Land Management horse roundups, with a lot more to come. Operations which proved deadly for the herds have already scooped up thousands of mustangs from public ranges, but with no commensurate reduction in the number of private cattle allowed to stay.
The next round seems are designed to wipe out the horses altogether.
See more at www.8newsnow.com
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8/14/10

HORSEBACK Magazine-Vote In the Poll, Read The Story!

Please vote in the poll-Should President Obama halt further BLM roundups pending further study? Then read the story about what happened at the Owyhee "gather."
Amplify’d from horsebackmagazine.com

Poll

Should President Obama order a halt to all further BLM wild horse helicopter roundups pending further study in light of a demand to do so from 54 members of Congress?
  • Yes (97%, 145 Votes)
  • No (3%, 4 Votes)
Total Voters: 149
Loading ... Loading ...

More Litigation Filed to Stop BLM Stampedes – Photos Damning

SAN FRANCISCO, (Grass Roots) - On August 10, 2010, Laura Leigh, filed a Motion For Reconsideration of Denial of Plaintiff‟s Order to Show Cause Re: Contempt brought against Ken Salazar, Secretary of the Department of the Interior, Bob Abbey, Director of the BLM and Ron Wenker, Nevada State Director of the BLM in Nevada District court. The legal actions are supported by Grass Roots Horse, http://grassrootshorse.com/legalactions.htm 
The original Motion on Contempt of Court charges levied against the BLM was denied, but a recent law change made it possible for it to be re-filed under the new standard of law. The Motion filed yesterday cites newly discovered evidence of the Defendant‟s violation of the court‟s previous order to uphold the plaintiff‟s First Amendment Rights to observe and report on the Bureau of Land Management in regard to the “gather” (“gather” is the BLM euphemism for roundups) and removal of wild horses in Owyhee Herd Management Area. The latest filing also addresses the Defendant‟s sworn testimony in open court that a „water emergency‟ existed and that an „emergency‟ roundup had to take place, or horses would die. This testimony resulted in Judge Larry Hicks lifting the Temporary Restraining Order he had put in place to halt the Owyhee gather until he could hear legal arguments in the case.

Read more at horsebackmagazine.com
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8/2/10

Wild Horse Driven Over Rocks To His Death During Owyhee Roundup

This unconscionable callous cruelty to our American Mustangs must end. The BLM has killed so many and lied about it. They misled a Federal Judge in order to continue driving horses down mountains in the heat of a Nevada summer, leaving the ones that went down to die where they fell - except for the few that they shot. Now the BLM claims the deaths they DO admit to were due to "preexisting conditions" of one kind or another.

These horses were fine - healthy and HAD WATER before the BLM and Sue Cattoor, their helicopter contractor, started their "gather."

Please! Go to Maureen's article to learn more and how you can help!
Amplify’d from www.examiner.com
Equine Advocacy Examiner
Wild horse was driven over rocks to his death during recent Owyhee roundup
August 1, 5:50 PM Equine Advocacy Examiner Maureen Harmonay
Wild horse who perished on the rocks in the Owyhee desert after being chased by Cattoor helicopter

An independent observer who recently returned from scouting the Herd Area in north Elko County, Nevada where the Owyhee portion of the Tuscarora Gather took place has photographic evidence that one of the wild horses appears to have been driven to his or her death over rocky cliffs, presumably by Cattoor, the BLM's helicopter contractor.
Though no such fatality was ever reported by the BLM, Katie Fite, a Biodiversity Director for the Western Watersheds Project, was able to document it during her visit to the area on July 25th and 26th.  Her photograph depicting a horse lying dead on the rocks near the Owyhee River was submitted in support of Laura Leigh's legal motions against the BLM on the Tuscarora matter, the most recent of which was filed on Friday, July 30th.
Ms. Fite explained:
"I noted evidence that horses had been driven down the river bed and held in temporary corrals.  Also noted a horse that appears to have been driven onto the rocks."
Ms. Fite's photographs were taken at the South Fork of the Owyhee River, north of the Owyhee roundup trap site, where she observed four places at which wild horses have access to water, contrary to the BLM's prior assertions that because no water was available to the mustangs in this Herd Area (HA), an "emergency rescue gather" was justified and necessary.
Another observer, wild horse advocate Sandra Longley, also visited the Owyhee roundup area on July 16th and 17th, to document forage, water sources, cattle, and gates.  She reported:
"I stood there on the Owyhee on July 17th amidst fields of wildflowers, water pouring out of the sides of mountains, and springs with water running down and alongside of roads.  There was nothing but cattle, but over a few hills, many wild horses were dying. . .No horses could be documented except an ecosystem littered with the dead bodies of horses, who had suffered heat stroke at the hands of Sue Cattoor, the helicopter contractor. 
There is so much more to come.  We have yet to get the total of horses who died or were 'rescued' with a bullet out on the desert where they were stumbling around suffering from heat stroke from being pushed by the helicopter.  Many of those would have been foals. . .By not counting those horses as 'gather' deaths, but due to drought, the BLM is allowed to escape being blamed for the largest massacre during a roundup."
It is true that the BLM has never acknowledged, or reported, the deaths of the fallen horses Ms. Longley describes, but their stories must be told.  In a press release issued today, the agency admits that 34 wild horses have died as a direct result of the Tuscarora roundup, but it's clear that the actual number who have perished at the BLM's directive is much, much higher.

Read more at www.examiner.com

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8/1/10

Contempt of Court Re-filed Against Ken Salazar and BLM


Here we go again, folks. The BLM is clearly in contempt of court and we have another chance to prove it. Please help support Laura! The only place you can donate to Laura Leigh's legal fund is at www.grassrootshorse.com.
Amplify’d from thedesertinde.com

Contempt of Court Re-filed Against Ken Salazar and BLM

By ROBERT WINKLER


July 31, 2010

RENO, Nevada – On July 30th
 
Laura Leigh re-filed Contempt of Court charges against Ken Salazar, Secretary ofthe Department of the Interior, Bob Abbey, Director of the BLM and Ron Wenker, Nevada State Director of the BLM in regard to what BLM calls the “Tuscarora wild horse gather.” The BLM continually refers to the three herd management areas of Owyhee, Rock Creek and Little Humboldt under one umbrella name of Tuscarora. Thejudge, at the time of hearing earlier motions, recognized that Tuscarora was
three herds and not one as BLM would like people to believe.


Adding to what seems like a deliberate move to create confusion, every day the gather schedules change. At present the BLM website, touted in BLM press releases as the only place for correct information, has two completely different gather schedules posted. If a person really wants to know the true schedule they have to contact the appropriatefield offices. It would seem to even the casual observer to be a shell game of now you see it, now you don’t.  



The judge denied the original motion to hear the case based on the parameters set forth in a statute known as the Winters standard. This is the standard by which actions seeking injunctive relief are judged on their merit. On July 28, 2010, the Ninth Circuit Court of Appeals modified its position on the test used to determine the element, “likelihood of success on the merits” when granting or denying injunctive relief under the Winters decision. The circuit court reaffirmed the use of its sliding scale method, finding it consistent with Winters.


The law change opened the door for the re-filing under the new guidelines. “We are not going away,” said Laura Leigh, plaintiff in the lawsuit brought about through the support of Grass Roots Horse, a citizen action group. Support for Laura Leigh’s court action is coming in from people all over the country. “Some people are donating to further the cause with $3.00 donations,” said Maureen VanDerStad, member of Grass Roots Horse. “That tells it all right there. People are so fed up with the mismanagement of the wild horses and burros that they want to be a part of doing something to stop it. The blatant disregard for our First Amendment rights by BLM and the cruel and inhumane treatment of the wild horses, which belong to the American people, has spurred the movement on with a vengeance,” she further states.



Laura Leigh is an artist, author and journalist who is best known for her work in documenting wild horses. She is the founder and director of Herd Watch, a citizen group that monitors the actions of the BLM and the Wild Horse and Burro Program. Full reports documenting range conditions in herd management areas and the condition of the horses themselves are conducted by Herd Watch with a
meticulous eye for detail.




Yesterday at the Nevada State Legislative meeting, the main focus was on the implications of the Western Watershed Organization’s multi-million dollar settlement with Ruby Corporaton, representing Ruby Pipeline. The Wild Horse and Burro Program came into the discussion and Laura Leigh was there to set the record straight. “Sitting in the audience it was really interesting to see the cattlemen bringing up the very same issues of the difficulties of dealing with the BLM that the wild horse advocates have been dealing with for years. If people do not support accountability in government, it is easy to see how that failure to demand accountability and transparency can turn against them,” Laura Leigh said.
To read the legal filings, donate to the legal fund, or volunteer please visit www.grassrootshorse.com where there are links to the best sites with more information on the issue.
Read more at thedesertinde.com


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7/31/10

BLM Reports of Wild Horse Deaths During Tuscarora Roundup Are Laced With Contradictions

Maureen is being polite. The BLM lied. They lied to the advocates, the press and the Federal Judge. And got away with it. Are we still living under the Rule of Law or not? Ask your Senators and Representatives about that. I'm sure going to ask mine!
Amplify’d from www.examiner.com
Equine Advocacy Examiner
BLM reports of wild horse deaths during Tuscarora roundup are laced with contradictions
July 26, 2:21 PM Equine Advocacy Examiner Maureen Harmonay
Newly captured Owyhee mares and foals huddle at Palomino Valley, photographed by Cat Kindsfather
Newly captured Owyhee mares and foals huddle at Palomino Valley, photographed by Cat Kindsfather

In an apparent effort to rebut the arguments put forth by advocate Laura Leigh in her motions for Temporary Restraining Orders (TROs) against the Owyhee, Rock Creek, and Little Humboldt portions of the Tuscarora "Gather" in north Elko County, Nevada, the BLM has falsely attributed some of the mustang mortalities to dehydration issues when in fact, other factors were at work. 

For example, on Tuesday, July 20th, BLM reported that "two animals were euthanized due to pre-existing water starvation/dehydration related complications."  But when the Owyhee Veterinary Reports for these horses were released, they told a very different story.  One of the horses who was shot was a 25-year-old sorrel mare, who was put down "for a pre-existing condition that was a severe LF (left front) lameness attributable to a poorly healed old fracture injury," and the other was an 18-year-old bay stallion who had a "severe enlargement of the RF (right front) fetlock, producing a chronic and incurable lameness."

Really?  How were these "lame" horses able to survive, and thrive, on the range for so many years, and then gallop at a breakneck pace over unforgiving ground to flee the BLM-hired helicopter that chased them into waiting traps?  Would it be more accurate to surmise that in fact, both horses were crippled by the chase itself, and that in spite of BLM's protestations to the contrary, their deaths were very much "gather-related?"  In the absence of independent observers, it's hard to know the truth.

The Owyhee roundup has been the direct conduit to the deaths of at least 25 horses (that we know of), in spite of BLM's repeated insistence that most of the fatatlities were not "gather-related."  The agency's long-strained credibility is continuing to erode, as a nation of horrified spectators begins to raise its voices in protest against what looks more and more like a deliberate effort to eradicate wild horses from America's public lands.

Indeed, in her Supporting Declaration for Laura Leigh's latest motion against the Tuscarora Gather, Dr. Nena Winand, DVM, a respected equine veterinarian affiliated with Cornell's College of Veterinary Medicine in New York, unequivocally asserts that it was the roundup itself, and not any pre-existing conditions, that killed the Owyhee wild horse victims:
"Pushing the animals, having been driven via helicopter over the distances they traveled, at a more rapid gait than they would otherwise travel in such environmental conditions, in environmental conditions which included elevated summer temperatures, and where the condition of many of the gathered horses improved rapidly following the gather, all lead me to compellingly conclude to a reasonable degree of medical certainty, that the deaths and injuries to these horses were substantially due to the gather itself, the manner in which the horses were driven during the gather and in their having to negotiate the environmental conditions existing there at the time.
And it my further opinion to the same degree of reasonable medical certainty that the conditions existing on the range prior to the gather, were not causative in injuring and killing those horses who perished on the dates of the gather.  The uncontroverted fact remains that nearly all horses who reportedly perished, did so during the process of the gather itself or immediately thereafter while the horses were in the custody of the BLM, but not before."
Read more at www.examiner.com

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7/29/10

Government Spin Machine Goes into Overdrive in Wild Horse Case

The BLM is totally out of control, killing and brutalizing the Mustangs they are supposed to protect. They spin their way out from under the law, doing only the bidding of Big Cattle and Big Energy.

Let's stop them NOW!
Amplify’d from animals.change.org

Government Spin Machine Goes into Overdrive in Wild Horse Case

by Laura Allen


July 19, 2010
The Bureau of Land Management is the federal agency within the Department of Interior that is tasked with protecting wild horses and burros.
But someone needs to tell the BLM that.
The Wild Free Roaming Horses and Burros Act is specific in requiring BLM to protect wild horses and burros as "components" of the public lands, free from "harassment" and "capture," and manage them at the "minimal feasible level" to maintain "free -roaming" behavior. Instead, BLM has turned the Act on its head, managing these animals primarily by rounding them up and placing them in long term holding facilities.
Two federal judges have already warned BLM that its policy of keeping wild horses and burros in long term holding facilities may not be legal.
This past week, Laura Leigh filed a lawsuit in Nevada federal court asking Judge Larry Hicks to order BLM to delay the Tuscarora roundup until after foaling season, and also to allow media access to the roundup.


Stop government roundups of wild horses and burros

Read more at animals.change.org

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7/27/10

Government Lawyers Mislead Federal Judge on Wild Horse Water

Why is the BLM allowed to ignore both the law and the mandate of a Federal Judge? Are we sill living under the rule of law or not?



This is ABSOLUTELY unacceptable. If you agree, tell your elected officials so, and in NO uncertain terms.
Amplify’d from horsebackmagazine.com

Government Lawyers Mislead Federal Judge on Wild Horse Water


July 21, 2010

By Steven Long
HOUSTON, (Horseback) – When Laura Leigh, an author, artist, journalist, and litigant chased the BLM into the desert to observe wild horse capture after a federal judge told her she could do so, she wasn’t allowed to see horses – but she did see water.
Judge Larry Hicks lifted his temporary injunction and permitted the federal Bureau of Land Management to capture horses in the fierce July desert heat of Nevada. As in previous death chases, the result was predictable. Horses dropped after being relentlessly stampeded by a roaring helicopter owned by BLM contractor, Cattoor Livestock Roundups out of Nephi, Utah. The federal agency had lied to the judge, telling him that death by thirst was imminent if they weren’t removed.
Thus far, 21 horses and foals have died after the latest high summer stampedes.
Hicks granted the plaintiff, Leigh, a first amendment stake in the chase. He told her it was unconstitutional for the BLM to ban her from observing the horses. In reply, the agency pulled off a cowboy hat trick of sorts in the desert. They moved the trap, the pen where the wild animals were to be driven, onto private land in a mountain canyon out of sight and then told the sheriff’s cops to arrest trespassers, including the litigant who had just won the right to see what BLM was doing in their “gather” first hand.
While Leigh didn’t get to see the objects of the BLM chase, North American Mustangs, she spotted something equally important and precious in the desert – water at the fenced off Desert Ranch Reservoir.
“While the reservoir is located on BLM public land, the water in the reservoir is privately owned (i.e., the private owner holds the water rights in accordance with State of Nevada water law),” said BLM’s Washington spokesman, Tom Gorey. “The reservoir is mostly fenced, but the fences are constructed in a manner that allows wild horses access to the privately owned water in at least three locations. As a result, wild horses are able to move freely to and from the water using the large gaps in the fencing.  In short, access to the reservoir water by wild horses is not blocked.”
If access to the water hole was open in three places, Leigh had caught the BLM lying to a federal judge.
“Desert Ranch Reservoir on public land is less than 5 miles from the trap site,” Leigh told Horseback Magazine late Monday. “BLM has the authority to utilize resources on private property to deal with emergencies. (BLM Director Bob) Abbey declared this issue in Owyhee an emergency.”
Gorey acknowledged late Tuesday that there is water available to the horses that are being stampeded by the BLM contractor.
“In general, water within the Owyhee Herd Management Area (HMA) is provided primarily by unfenced public land reservoirs (water catchments),” he said. “There is also one spring, called Bookkeeper Spring, which is located on unfenced private land within the HMA.  This spring is normally adequate to water a small number of wild horses, but because of drought conditions, there is very little water available for use this year.”
Claiming extreme drought conditions, the BLM has delivered more than 30,000 gallons of water to the horses in the Owyhee HMA since Monday.
By admitting that water on public land is privately owned, Gorey raised a significant issue. What was the federal government thinking when it privatized an asset as precious as desert water, selling it out of government control? Moreover, when was it sold, for how much, and to whom?
“My assumption is that the BLM has never held the right to this water,” Gorey said.
It the government doesn’t own the water on federal land, who owns it?
Gorey has promised to research the ownership issue of water BLM lawyers claimed was nonexistent, so scarce, the deaths of hundreds of otherwise healthy horses and foals was imminent.
“Why did the BLM choose to press a stressed population through the round up instead of stabilizing the situation and waiting?” Leigh asked. “The claims made in the report given to a federal judge outline a population so fragile that BLM projected would be dead in three days (if the agency was not allowed to round them up.)”
“In the event of an emergency (such as one declared by Bob Abbey in this case,
 the BLM can utilize resources on private land (not just public) and reimburse
the landowner,” Leigh said. “If the horses were gong to die off at the rate of 75 percent they had the authority to open gates.”
Leigh has filed briefs charging the BLM with contempt of court.
Read more at horsebackmagazine.com

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7/2/10

Report From Renownd Wildlife Ecologist Craig Downer

Report on Flight from Truckee Airport (CA) passing over various mountain ranges and valleys to the Owyhee Wild Horse Herd Management Area (whhma), Rock Creek whhma, and Little Humboldt whhma.  (Ill. w/ digital photos taken on flight.)
Elko District, Bureau of Land Management, North Central Nevada, ca. 80 miles NW of Elko. Note: wh is abbreviation for wild horse(s)
Flight realized on Monday, June 21, 2010, Summer solstice.
Dates of report preparation 6/24-25/2010.
Background: Three whhma’s encompass > 482,000 acres of which 336,262 acres are in the Owyhee whhma, 102,638 acres in the Rock Creek whhma and 15,734 acres in the Little Humboldt whhma.  Northern portions of the Owyhee whhma occur in the Columbia Plateau physiographic region, but most are in the Great Basin physiographic region.  Drought and lack of forage due to fires are being cited by BLM officials as reasons for the drastic reduction of these wild horse herds. BLM plans to gather 1,548 wild horses (the currently estimated total population) and to put back only 399, or which 195 would be PZPed mares with 2-year sterilization effects.  This works out to leaving one wild horse per 1,200+ acres – an extreme marginalizing of this species by any standard and very contrary to the “principal” presence mandate of the Wild Horse Act.
Objective: To observe wild horses, their numbers and conditions, note their locations and the ecological condition of their habitat and to observe and note the livestock present in the whhma’s, their numbers and relative proportions vis-à-vis the wild horses, their areas of concentration and ecological effects.
Flight arranged by Lighthawk organization to assist with the gathering of factual information and data concerning the conservation of wild horses on public lands.
Observer and reporter: Craig C. Downer, Wildlife Ecologist, P.O. Box 456, Minden, NV 89423. ccdowner@yahoo.com. Equipped with D-80 Nikon digital camera with 28-300 zoom lens loaned by wild horse supporter.
Weather: Clear with high, wispy cirrus clouds, conducive to greater flight stability due to less atmospheric convection.
Airport of Origin and Return: Truckee Airport, California, west of Reno.
Time of departure: 8:30 AM.  Pass over Reno airport flying over Pah Rah Range, a legal wild horse herd area that has been “zeroed out” by BLM.  No wild horses observed here, contrary to statement by Mr. Larry Johnson of the national wh/b advisory board on 6/15/10, Denver meeting, though considerable spring green-up, or grassy vegetation is observed.  Our plan is to refuel at the Winnemucca Airport to the east.
10:00 AM. Note vast extension of purple hued Bromus tectorum, a.k.a. Cheat Grass, as plane nears Winnemucca.  Velocity: 109 knots. Headwind 10 mph from east.
10:30 AM: Land at Winnemucca Airport.  Unfortunately the airport has run out of fuel.  We will fly to Battle Mountain Airport to the east to fuel up. We depart at 10:55 AM.
11:12 AM: Flying over portions of Sonoma Range to SE of Winnemucca, I note many cattle (est. 400) mainly grouped around water sources.  No wild horses observed.  The Sonoma Range Herd Area (NV0223) should have a fair number of protected wild horses, but BLM officials have decided to not manage for them, i.e. to “zero out” in this 150,999-acre herd area (Fiscal Year 2008 USDI Public Lands Statistics).  Prevalence of green grass noted, including much purplish cheat grass.  Some short aspen groves noted around springs at higher elevations.  Enormous open pit mines observed and photographed en route.  These have major detrimental effects on water, soil, air, wildlife and human health in the region, including underground water flow disruption and water pollution with mercury, nitrous and sulphuric acid leachates, etc.
11:36 AM:  We land at the Battle Mountain Airport for refueling.  Fortunately fuel is available here.
12:10 PM: After refueling and eating lunch, we take off from Battle Mountain Airport.  We plan to fly to the town of Midas then over portions of the Little Humboldt whhma, Rock Creek whhma then on to Owyhee whhma, reaching the South Fork Owyhee River.
12:43 PM: North of Midas, in the Little Humboldt whhma, seven groups of ca. 12 cattle are seen, for a total of 84.  No wild horses observed. Abundant grass here, also large open pit mine. Photos.
12:49 PM: Finally a band is observed consisting of one gray and one sorrel, a male-female pair. Geographical Positioning System (GPS) reading: N 41 deg 21.37 min; W 116 deg 43.6 min.  Photos.
12:54 PM:  Group of 17 wild horses observed. GPS: N 41 deg 23.19 min; W 116 deg 41.0 min.  Appears to be two wh bands in association. Abundant grass & water present. Photos.
12:56 PM:  Another band with 9 wh’s including 2 foals encountered and photographed.  GPS: N 41 deg 23.3 min; W 116 deg 35.56 min.
12:59 PM: Band of 6 wh’s including one foal spotted & photographed. GPS: N 41 deg 21.36 min; W 116 deg 33.12 min.
1:02 PM.  Congregation of several wh bands spotted & photographed. GPS: N 41 deg 22.85 min; W 116 deg 32.3 min.  8 bands with following numbers of wild horses observed: 8, 11, 9, 4, 9, 8, 7, 12.  Plane circled around to extensively photograph these.  Sum of wh’s in this congregation: 68.  Note: This is an upland habitat with plenty of green grass and water sources.  This is north of Willow Creek Reservoir near 7,020-foot-high Soldier Cap mountain in the Rock Creek whhma.
1:07 PM: Another band of 7 wh’s seen to SW.  Light colored wh’s. Photos.  GPS: N 41 deg 25.75 min; W 116 deg 29.2 min.  Ca. 400  cattle observed along a stream and meadow near here. GPS. N 41 deg 28.85 min; W 116 deg 28.44 min.  Ca. 300 more cattle congregated along a tributary of the above stream. GPS: N 41 deg 32.06 min; W 116 deg 28.1 min.
1:11 PM: Estimated 1,000 cattle observed up to 1:18 PM at GPS: N 41 deg 44.16 min; W 116 deg 25.14 min. Area devoid of wh’s.
1:21 PM: Owyhee Desert – high altiplano (Spanish for high plateau) noted to north.
1:24 PM: Ca. 40 cattle noted by South Fork of Owyhee River. No wh’s.  We fly along Owyhee River.  GPS: N 41 deg 5.6 min; W 116 deg 34.8 min.
We aim to fly to Capital Peak.  Flying along the S. Fork of the Owyhee River, we have not seen any more wild horses, but much evidence of dedication of the land to livestock, e.g. frequent reservoirs, water tanks, fences, grass pasture and hay fields, etc.  See photos.
1:26 PM: We continue to note considerable spring green-up of vegetation, though today is the first official day of summer.
1:30 PM: GPS: N 41 deg 55.83 min; W 116 deg 45.7 min. No livestock or wild horses.  Several water catchments have been excavated by caterpillar.  Incidentally, when they wallow wild horses created such natural catchments for wildlife much less intrusively.
1:34 PM: Another congregation of wild horses spotted in open high plain with trailings.  41 wh’s group together, estimated from 5 bands.  Another band of 7 wild horses containing dark grayish blacks amid lighter grays and sorrels. Photos.  These bands centered around the following GPS: N 41 deg 56.2 min; W 116 deg 48.2 min.
Another group of 15 wh’s spotted, including grays, roans, sorrels and blacks.  This is possibly 2 bands running together.  Same general GPS location.
1:38 PM: Observed another nearby congregation including 1 band of 6 wh’s, 1 group of 23 wh’s (possibly 3 separate bands), 1 band of 5 wh’s.  I note sparser, drier habitat here and many trails.  It appears that these wild horses are being relegated to this area by a system of fences that favor livestock.  My earlier entry into the northeastern portion of the Owyhee whhma a couple of months ago revealed extensive fencing and control of water to favor the intensive management of livestock, especially cattle.
1:41 PM: We spot another congregation of 12 wild horse bands.  GPS: N 41 deg 57.7 min; W 116 deg 51.3 min.  Groupings with the following numbers were encountered: 13 (2 bands) 22 (3 bands), 15 (2 bands), 7, 9, 10, 7, & 9 wild horses.  Extensive photos except for last band of 9.  Judging from the converging trails from the distinctive individual band home ranges, his summer solstice congregation appear to be trailing to and from a water source.  The total number here is 92 wh’s.
1:43 PM: We decide to return to south, to Battle Mountain to refuel, as our small plane requires frequent refueling.  A band of 7 wild horses is photographed at GPS: N 41 deg 53.8 min; W 116 deg 52.1 min near an artificial reservoir.  Many white ant hills dot the terrain.
Ranch over-flown at GPS: N 41 deg 51.18 min; W 116 deg 52.27 min.  No wh’s seen.  Remnant snow banks from large winter drifts at ca. 5500 feet elevation. GPS: N 41 deg 47.3 min; W 116 deg 53.18 min.  No more wild horses seen.
1:50 PM.  Rusty orange water tank spotted.  GPS: N 41 deg 43.24 min; W 116 deg 53.38 min.  Vegetation is dry and parched, very possibly due to rancher’s monopolizing water from highland drainages.  Sparse stunted vegetation.  Old pioneer wagon trail seen running E-W, since the old ruts from Conestoga wagons remain in delicate desert ecosystem.
1:55 PM: GPS: N 41 deg 34.7 min; W 116 deg 53.3 min.  Neither wild horses nor livestock observed in this dry region.  Many ant nests, several water catchments. Low topographical relief in this high altiplano.
2:00 PM: Flying over another ranch. GPS: N 41 deg 29.65 min; W 117 deg 0.3 min.  Big meadows and streams.  Ranch is monopolizing a large portion of the water for many miles around here for raising livestock.  Big reservoir to west along major ranch road is Chimney Reservoir.  I observe ca 500 cattle in this area.
2:06 PM: One band of 7 wild horses is observed to the east.  GPS: N 41 deg 23.3 min; W 117 deg 01.07 min.  Green up of vegetation is noted in high altiplano.  Many cattle whose number is estimated at ca. 1,000 profusely dot the landscape, especially around water sources such as streams and springs.
2:10 PM: GPS: N 41 deg 12.87 min; W 117 deg 01.10 min.  Ca. 300 cattle present, especially in and around water drainages and also in higher areas in groups of ca 70.  No wild horses observed.
2:20 PM: Nearing Battle Mountain Airport.  No more wild horses observed.
2:47 PM: Refuel at Battle Mountain Airport.  High overcast.  Much more grass this year compared with recent years according to the lady attending airport.  But are the wild horses getting their fair share of this in their legal herd areas?!
3:06 PM: Take off from Battle Mountain to return via Reno to Truckee Airport in Sierra Nevada mountains, over-flying dry and desolate Humboldt Sink.  Very strong jolt to plane cuts pilot’s hand flying over Reno at 4:45 PM.  Gravity measured at ca. –1.
5:00 PM.  Land at Truckee Airport.  6 ½ hours total flight time.
Tabulations of Totals Observed during Flight over 3 whhma’s: Owyhee, Rock Creek & Little Humboldt.
Wild Horses Observed during Flight
Number of Bands    Number of Horses    GPS Location
1 2 N 41 deg 21.37 min; W 116 deg 43.6 min
2 17 N 41 deg 23.19 min; W 116 deg 41.0 min
1 9 (w/ 2 foals) N 41 deg 23.3 min; W 116 deg 35.56 min
1 6 (w 1 foal) N 41 deg 21.36 min; W 116 deg 33.12 min
1 8 N 41 deg 22.85 min; W 116 deg 32.3 min
1 11 ditto   (Rock Creek whhma congregation of
1 9 ditto    68 wild horses)
1 4 ditto
1 9 ditto
1 8 ditto
1 7 ditto
1 12 ditto
1 7 N 41 deg 25.75 min; W 116 deg 29.2 min
5 41 N 41 deg 56.2 min; W 116 deg 48.2 min
1 7 ditto  (First Owyhee whhma congregation of
2 15 ditto    97 wild horses)
1 6 ditto
3 23 ditto
1 5 ditto
2 13 N 41 deg 57.7 min; W 116 deg 51.3 min
3 22 ditto  (Second Owyhee whhma congregation
2 15 ditto    of 92 wild horses)
1 7 ditto
1 9 ditto
1 10 ditto
1 7 ditto
1 9 ditto
1 7 N 41 deg 53.8 min; W 116 deg 52.1 min
1 7 N 41 deg 23.3 min; W 117 deg 01.07 min
Total Bands    Total Wild Horses
  1. 41 312
Cattle Observed during Flight
Number of Cattle        GPS Location
  1. 84 Little Humboldt whhma. Ca N 41 deg 20 min; W 116 deg 45 m
  1. 400 N 41 deg 32.06 min; W 116 deg 28.44 min
  1. 300 N 41 deg 32.06 min; W 116 deg 28.1 min
  1. 1000 N 41 deg 44.16 min; W 116 deg 25.14 min
  1. 40 N 41 deg 5.6 min; W 116 deg 34.8 min
  1. 500 N 41 deg 29.65 min; W 117 deg 00.3 min
  1. 300 N 41 deg 12.87 min; W 117 deg 01.10 min
  1. 1000 N 41 deg 23.3 min; W 117 deg 01.07 min
Total Cattle Observed
3,624
Conclusion:
Wild horses were observed to be present in only the very small portion of the three wild horse herd management areas that was over-flown and are certainly not being treated as the principal presences within their legal herd areas as required by the Wild Free Roaming Horses and Burros Act of 1971.  The horses I observed were in good condition, although Their numbers are dwarfed by livestock, even within these their legal areas.  This is the fault of our public servants, namely BLM officials in charge of protecting and managing this national heritage species at thriving, long-term-viable levels.  Reform is urgently needed. This could be accomplished through a revised version of the Restore Our American Mustangs bill (ROAM Senate Bill # 1579).   This important bill has already been substantially passed by the House of Representatives but currently is being stopped by powerful vested interests in the Senate.  It now languishes in the Senate Committee on Energy and Natural Resources. Pressure is urgently needed to get this moving again before it dies with the ending of the present Congress later this year.  The planned roundup of the Owyhee, Rock Creek and Little Humboldt whhma’s needs to be called off; and a more objective assessment of relative numbers and resource allocations needs to be undertaken with the aim of restoring fairer mustang population numbers in this vast and spectacular region.  BLM should exercise its authority under Code of Federal Regulations 4710.5 & .6 to cut back on livestock in order to accomplish this.

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Cattle at the river (below)
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"From my earliest memories, I have loved horses with a longing beyond words." ~ Robert Vavra