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Posts Tagged ‘Bob Abbey’

More Litigation Filed to Stop BLM Stampedes - Photos Damning

Thursday, August 12th, 2010

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Republished with permission of Horse Back Magazine
http://horsebackmagazine.com/hb/archives/2159
August 12, 2010

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SAN FRANCISCO, (CRWENewswire) - 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.

The original lawsuits were brought about to postpone the Owyhee, Rock Creek and Little Humboldt wild horse roundups until six weeks after foaling season, the time frame of which was set forth in BLM’s Wild Horse and Burro Program Handbook, which outlines the management protocol for wild horse removals. The BLM was violating its own time table for these roundups, as foaling season, according to their handbook, goes until June 30, and in fact, recent observers to the rangeland report numbers of foals still to be born in late July-early August. The BLM uses helicopter driven stampedes to move wild horses to trap sites where they are captured. Newly born foals as well as young foals are stampeded alongside late term pregnant mares and adult horses.

The lawsuit also asked the court to uphold the Plaintiff’s First Amendment Rights. When Judge Hicks lifted the TRO on the basis of BLM testimony that a water emergency was present in Owyhee, national Director of the BLM, Bob Abbey immediately gave the order to begin roundup operations. Members of the press, public and the plaintiff Laura Leigh were unable to witness the beginning of the gather operations during which time 228 wild horses were stampeded over miles of rough terrain in scorching conditions and captured, all in the span of 150 minutes because the BLM had closed public land.
To date, 36 horses have perished as a result of the Owyhee roundup alone. While BLM states their website is “the most accurate source for gather related statistics,” two of the deaths went unreported until a field observer photographed the remains of the dead horses.

“If you do visit the website, be sure to have a calculator handy since the simple math often does not add up. Since there were no observers to what happened in Owyhee, no verifiable account of the actual numbers of wild horse deaths exists” said Nancy Babcock of Grass Roots Horse.

When Laura Leigh arrived in Owyhee, accompanied by two individuals, they were barred entrance to the roundup site. Declarations of the individuals as to what transpired were filed along with the newly filed Motion.

“I have already received information that the same intimidation tactics used on us in Owyhee, are being used on advocates in Twin Peaks roundup, said Laura Leigh.

Photos and documentation of the area have been filed showing that in fact the range appears exactly the same as it normally does this time of year, nothing out of the ordinary was found by independent observation.

“We had expectations that the BLM will answer that the roundup is over, therefore the case does not need to be heard,” said Leigh “So we filed with new information. The tragedy of what happened out there has to be brought to light. Just because the roundup is over does not mean something horribly wrong did not occur. This needs to be looked at. It is now sitting on Judge Hicks’s desk and I pray for this agency to be held accountable.”

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.

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 wild horse issue.

 

 

Disclaimer:
CRWEnewswire is not liable for the contents of this news, as well as not being liable for any errors or delays in the content, or for any actions taken in reliance thereon. The Views and Opinions Expressed by the author are his or her opinions only and do not necessarily reflect those of Crown Equity Holdings or its agents, affiliates, officers, directors, staff, or contractors. The author at the time of this article did not own any shares or receive any consideration financial or otherwise from any company mentioned or referred to in the article.

 
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The Scene and Herd – Part II of “A Study in Mismanagement and Greed”

Thursday, July 29th, 2010

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By Bobbie Katz

Reporter for crwenewswire.com

The first phase of the roundup of wild horses in northern Elko County, Nevada, is over for the moment but as the Bureau of Land Management prepares for phase two in its goal to remove a total of 12,000 horses from BLM land in 2010, the controversy continues at a fever pitch. Phase one, which was a two-stage roundup, saw the deaths of 12 out of 228 horses in the Tuscarora roundup and 21 out of 636 horses in the “emergency” Owyhee gather, mostly from stress, dehydration, and water intoxication, putting the heat on the BLM once again for what many consider inhumane treatment and unnecessary removal of the animals.

For any animal lover, these deaths of an icon of the American West are certainly a reason to want to blast the BLM into the next state. The agency still bears the ignominy from the disastrous Calico, NV, roundup that ended in February of this year when 158 horses died after being run for miles and miles over rock in the dead of winter In fact, the recent tragedies in the BLM’s gathers have led Senator Mary Landrieu (D-La.) to declare that the BLM has one year to get its act together or lose jurisdiction over the wild horses and burros.

Still, no matter which side one chooses to listen to, big questions still remain as to where the blame for the roundup fiascoes should fall. Is the BLM really the thorn in these horses’ sides that they have been portrayed to be, conducting roundups in circumstances under which they should never be conducted and that are not for the equines’ benefit but rather that of other parties such as cattle ranchers? Or is the agency, like these helpless creatures, fenced in by a law that is in desperate need of amendment or repeal by Congress?

“We manage 179 herd management areas over 10 western states,” explains Tom Gorey, Senior Public Affairs Specialist for BLM Public Affairs. “The current population of horses and burros in those areas is 38,400, which is 12,000 more than our management studies show the land can support. The horses are not allowed to go beyond the boundaries in which they were found roaming in 1971 when the Wild Free-Roaming Horse and Burro Act was created by Congress for the animals’ protection. But the mandate of that law is for the BLM to manage the land for a thriving ecological balance It says in Section 13.33 of that law that the Secretary of the Interior shall immediately remove excess animals because of size impact from overpopulated herds.”

“We are not removing horses so that we can increase cattle grazing,” he continues. “In actuality, cattle grazing has declined by 30 percent since 1971. We remove the horses for the sustainability of the range. We manage the herds on 26.6 million acres of BLM land and over 5 million acres of non-BLM land, which adds up to 31.9 million acres total. The herds reproduce at a rate of 20 percent per year and we don’t have fertility control for the horses. As a result, over a four-year period, which is how often we conduct the gathers, the herd size has doubled. Forage allocation is done according to land use plans. Wildlife is the first to be affected by the overuse of forage by horses and burros.”

For its part, the media has been intensely critical of the BLM’s handling of the horses and wild burros. And while there is certainly room for questions and opinions, it needs to be noted that the things the agency has done in the past and is trying to implement in the future in favor of the animals have virtually gone unreported.

Such is the case with a press release from Gorey’s office, dated June 3, 2010, which came out before the Tuscarora and Owyhee roundups began. In it, Bureau of Land Management Director Bob Abbey announced that the agency is taking the Federal Wild Horse and Burro Program in an unprecedented new direction – and, on the BLM website, it is seeking public comment, for which the deadline is August 3, 2010, on a Strategy Development Document implementing Secretary of the Interior Ken Salazar’s Wild Horse and Burro Initiative. Calling it a new day and stating that there is a need for a fresh look at the program, Abbey said that the BLM will consider the public’s input as it prepares a long-term strategy for the management of America’s wild horses and burros.

Abbey also stated that as the strategy is developed, certain topics and options will not be considered, including the euthanasia of healthy excess animals for which there is no adoption demand (even though it is required by a 1978 amendment to the 1971 Act) and sale “without limitation” to any buyers (required by law by the 2004 Burns Amendment to the 1971 Act). Both of these amendments proved untenable to the BLM (the latter virtually ensures that the animals would end up in slaughterhouses) and the agency never adhered to them, as evidenced by the GAO report of October 2008 that cites the BLM for non-compliance of these articles. According to Gorey, these amendments were also untenable to the majority of Congress, so no action was ever taken against the agency.

The press release contained other information that should be very heartening to horse advocates. Abbey said that other difficult topics and even some controversial options will be up for discussion, among them the implementation of a comprehensive animal welfare program; the potential reintroduction of wild horses or burros into herd areas where they currently don’t exist; increased use of fertility control or other methods to slow population growth; opportunities to make more forage available for wild horse and burro use; the establishment of preserves to care for unadopted wild horses; the designation of selected wild horses and burros as treasured herds; opportunities to place more excess animals into private care, and continued emphasis on science and research to ensure that the BLM is using the best available science to manage wild horse and burro herds now and in the future. Admittedly, to get some of these things accomplished, the BLM, with the aid of the public’s voice, is going to have to get Congress to make some changes to the 1971 Act as it exists today.

Abbey did say that the agency was going to move forward with scheduled gathers in the near term, noting that they were being analyzed and that the public was being engaged in the planning process. When it came to Tuscarora and Owyhee, that latter statement certainly proved false. In fact, even after a court order allowing artist and horse advocate Laura Leigh to attend the Owyhee roundup, she was told that her name was not on the list. In addition, much of the roundup was conducted on private land, thus keeping the public away as well. That has made the mortality of the animals even harder to bear and created more controversy because many people believe that the BLM is hiding the real way the horses are handled from the public.

Admittedly, when it comes to the gathers, the situation is heart-wrenching from any perspective. It may come as a surprise to many but that fact is not lost on the BLM, either.

“When we talk about mortality in these gathers, our goal is zero,” Gorey claims. “We don’t have an acceptable mortality rate but deaths are inevitable. The gather itself may cause deaths. The horses may stumble or break a leg, even in the holding pen. But out of 7,500 horses we gathered last year, we had less than half of 1 percent mortality rate. Any death is regrettable and we would like each one to be preventable.”

In regards to the charges of inhumane treatment of the animals during the gathers, Senior Wild Horse and Burro Specialist Susie Stokke explains the Tuscorora roundup in which 12 horses died.

“There were horses in two pastures – Star Ridge and Dry Creek,” she says. “There was no livestock use in either pasture. There is a water catchment and a pond and the horses will trail 8 to 10 miles to the Owykee River to drink, too. The gather began on July 10. While the horses appeared to be in good body condition, it looked like they hadn’t gotten any water. We rounded up 228 horses but after realizing that some of the horses were drawn up, we suspended operations by 9 a.m. that same day.”

“We then went into an emergency gather on Friday, July 16, and had gathered 636 horses as of Monday, July 19,” she continues. “There were 21 deaths, three of them related to injuries in the corral. The BLM hauled more than 30,000 gallons of water from Monday, July 12, until the end of the roundup to make sure that the horses had enough to drink. In the big picture, Tuscarora and the other gathers are what we are doing under the 1971 Wild Free-Roaming Horse and Burro Act, which charged us with the protection, management, and control of the wild horses and burros. It’s the way the law reads – the removals are addressed in law. Excess horses must be removed for the benefit of wildlife and for the benefit of the horses themselves. Letting Mother Nature take care of its own is a laisse faire policy. We’re charged with a minimalist approach to balance the range.”

By virtue of the 1971 Act, the agency has the responsibility to maintain the herds at the number that were found on the land at the time the law was created (17,000). Stokke, admits to what many horse advocates have maintained for years – that the animals may have been under-counted when the act was instituted.

She and Gorey also both maintain that the published literature stating that there were more than two million horses on the land in 1900 is fallacious and that it came from a book by Frank Dobie called “The Mustangs.” Stokke reiterates, however, that while many of the people who work for the BLM are horse owners and equine enthusiasts who truly love horses, herself included, and that the agency respects and appreciates the horses as icons of the American West, the BLM, as a multiple-use agency, has the responsibility to maintain the balance on the range.

Then, of course, there is the water issue and the fact that animal advocates say that the horses are being denied access to the water because the BLM is allowing ranchers to fence off the water for the benefit of cattle. They point out that the ranchers pay the BLM .$1.35 per cow per month for grazing privileges, which, because of the vast amount of cows, amounts to some $26 million or more a year in revenue for the government. The BLM contends that the horses are not being denied access to water and that it is the natural drought conditions that are causing the problem.

“When you travel to a herd management area, you’ll see private ranch land fenced off for cattle,” Stokke answers. “Owyhee, has one pond and the Desert Ranch Reservoir. It’s fenced-in public land because the water is privately owned. But there are three large gaps in the reservoir fence so that the horses can get water. They also have access to one spring on private lands. However, the balance of water there is an unfenced catchment pond, which is dry because of the drought.”

There still are some seeming inconsistencies, such as how can you have private water rights on public land? And how can you fence off public land and deny access to the water? Then there is the issue of the helicopters used to round up the animals, which horse advocates claim terrify the animals and cause them to stampede. Gorey admits that the horses are under a degree of stress and that the noise disturbs them because it is not a natural noise. But he claims that they are not being stampeded but rather are being moved at a different pace.

“Horses are bred to run to escape from danger,” Stokke adds. “We’re using their natural behavior to get them at a pace we need them to go. The alternative would be inefficient gathers that would be dangerous to the animals. We don’t want to lose any horses. We’ve gathered thousands since 2004.and the mortality rate of the gathers, on average, is less than 1 percent. Over the last 40 years, the BLM has developed standard operating procedures to make the gathers the safest and most humane that they can be. We’ve even developed ways to keep foals with their mothers. What we really need are people to help us either by adopting animals or caring for the animals we have to remove.”

“We are very selective about who we allow to adopt a horse,” Gorey sums up, a point that goes back to the agency not adhering to the the 2004 Burns amendment. “We don;t want to put a horse in the wrong hands. Right now, we have 35,000 horses and burros – mostly horses – in holding facilities. The land can only support 26,600 horses and burros in conjunction with the resources and other uses of public land across the 10 western states. We have only sold 4,100 horses and burros under the Burns Amendment.”

Sometimes it’s necessary to give credit where it is due. One thing is for certain – if the public truly wants to secure the safety and protection of the wild horses and burros, they need to voice their comments on the BLM’s proposed strategy by August 3. The difference between life and death for these magnificent creatures may lie in their hands above all others. It is only the voice of the public that can get Congress to get with the program and change the 1971 Act so that the animals can survive and thrive.

Next: Part III – The 1971 Act — another ill-advised law from Congress – and what they should do about it

The Views and Opinions Expressed by the author are his or her opinions only and do not necessarily reflect those of this Web-Site or its agents, affiliates, officers, directors, staff, or contractors. The author at the time of this article did not own any shares or receive any consideration financial or otherwise from any company or person mentioned or referred to in the article.

 
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BLM: “We are not the Bureau of Horses”

Friday, July 16th, 2010

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Reported By Mike Zaman

Republished with Permission of Horseback Magazine

http://horsebackmagazine.com/hb/archives/1515

ITHACA, NY (ALC) – The BLM had temporarily suspended its Tuscarora roundup of wild horses initiated in the intense summer heat just days ago on July 10, 2010.

BLM halted the roundup after public outcry over the deaths of horses now said to number 12 including 3 foals.

Based on BLM’s representation the roundup would not begin again until Sunday, July 19, 2010, the judge set a hearing yesterday, July 14 on a motion for restraining order filed by plaintiff Laura Leigh to delay the roundup until August and compel BLM to allow access to the roundup by the media and the public. The judge explained that he was then informed regardless, BLM Director Bob Abbey had issued an order for an “emergency” roundup of the horses prior to the hearing.

Judge Hicks ordered, “Based on this change in the BLM’s position, the court finds it necessary to grant an immediate injunction preventing the Tuscarora gathering of wild horses until further order by the court.”

A hearing is set today, July 15, 2010, on plaintiff’s motion. For more on this case and the Tuscarora roundup, read Animal Law Coalition’s report below.

Go here for more on the planned Tuscarora roundup of 1,438 wild horses in the 482,191 acres of the Owyhee, Rock Creek, Little Humboldt Herd Management Areas. In proceeding with the roundup on July 10, BLM basically ignored thousands of citizens who submitted letters and emails in protest during a period of public comment on the planned roundup.

An appeal of BLM’s decision to round up wild horses in the Tuscarora HMAs has been filed with the Interior Board of Land Appeals by In Defense of Animals and Craig Downer, a wildlife ecologist. BLM, however, can resume the roundup while the appeal is pending.

The dehydration, the deaths, the cruelty

Once again, BLM hired Dave Cattoors to round up wild horses. Cattoors has a federal conviction for aiding and abetting the theft and sale of wild horses for slaughter and also for using the helicopter as part of this conspiracy. But he has made millions as a BLM contractor rounding up wild horses and burros – with a helicopter.

As summer temperatures soared on the first day of the roundup, Cattoors ran down approximately 228 horses in a matter of a few hours with a helicopter. Most of the horses were forced to run for miles. Many of the mares had just given birth or were about to do so. It was a tragedy in the making, and 7 horses died during the first day of the roundup while another was euthanized in the holding pen after breaking a leg.

Michael Lindinger, PhD, MSc, an animal and exercise physiologist at the University of Guelph, explains: “It only takes 17 minutes of moderate intensity exercise in hot, humid weather to raise a horse’s temperature to dangerous levels. That’s three to 10 times faster than in humans. Horses feel the heat much worse than we do.”

If a horse’s body temperature shoots up from the normal 37 to 38°C to 41°C (98.6 – 105.8°F), temperatures within working muscles may be as high as 43°C (109.4°F), a temperature at which proteins in muscle begin to denature (cook). Horses suffering excessive heat stress may experience hypotension, colic, and renal failure.

BLM acknowledged the deaths were the result of dehydration or water intoxication, meaning horses were consuming large amounts of water because of dehydration. According to The Cloud Foundation, other horses were “exhibiting signs of colic and brain swelling” from dehydration or water intoxication.

Dehydration obviously results from forcing horses to run for miles in summer heat. Add to that extreme stress and fear. Common sense would tell anyone that this would be particularly dangerous for mares that have just given birth or are about to do so and also for foals. In fact, The Cloud Foundation reports, “[BLM] 2009 … Roundup planning documents stated: ‘…Not only are young foals in summer months more prone to dehydration and complications from heat stress, the handling, sorting and transport is a stress to the young animals and increases the chance for them to be rejected by their mothers.’”

BLM’s Rationale for the Roundup

The BLM continues to insist publicly there were too many horses in these herd areas and thus the roundup was “necessary”. There were 464 acres per horse, however, and the animals were healthy, according to the agency’s own spokesperson, Heather Emmons. At least they were healthy until BLM began its brutal roundup. Go here for analysis of the BLM’s decision to round up these horses.

Recently, BLM has said the horses must be removed because of damage to livestock fences. Hardly a reason to remove animals protected by a law which tasks BLM with protecting them from “harassment”, “capture” and “death” and which is supposed to manage them at the “minimal feasible level” as “free-roaming” “components” of the public lands and treat these animals humanely. Wild Free Roaming Horses and Burros Act, 16 U.S.C. §1331 et seq.

Buried in its Environmental Assessment, BLM says that to “leave …. wild horses on the range, could lead to negative impacts on livestock grazing management”. Agri-business does not want wild horses and burros on public lands it uses for livestock grazing. And neither does BLM.

A BLM ecologist Cameron Bryce has said, “Wild horses do not belong in western ecosystems… the 1971 Horse and Burro Act was based on emotions, not science.

Long time rancher, now Secretary of the Interior Ken Salazar has said wild horses do not belong on public lands. BLM is an agency within the DOI.

Follow the money: Fees charged for cattle or sheep grazing are $1.35 per animal under 18,000 grazing permits and leases on 258 million acres. Grazing livestock on public lands is a “$132 million loss to the American taxpayer each year and independent economists have estimated the true cost at between $500 million and $1 billion dollars a year.” For more including a look at the astonishing cost to taxpayers to implement BLM’s policy of rounding up and removing wild horses and burros.

Investigative reporter George Knapp has also revealed plans to build the Ruby oil and natural gas pipeline likely facilitated the mass removals of wild horses. The pipeline will extend across northern Nevada. It is no surprise to find BP involved. BP and another DOI agency, Minerals Management Service, have operated as one and the same under DOI Secretary Ken Salazar.

Go here for a discussion about this with George Knapp on CNN Headline News, Issues with Jane Velez Mitchell.

Leigh Lawsuit

Laura Leigh, a journalist, author, publisher, artist and wild horse advocate, filed her lawsuit in Nevada federal District Court to delay the Tuscarora roundup until after foaling season and a period of rest for birthing mares. Leigh also seeks an order requiring BLM to allow public and particularly media access to the horses during the roundup and after they are placed in a holding facility.

Leigh asks BLM to delay roundup until after foaling season

Leigh says BLM violated its own policy that prohibits helicopter roundups until at least six weeks after peak foaling season ends on or about June 30. According to her Complaint and affidavits she has submitted, observers confirm a number of mares have given birth in recent days or are about to do so.

Leigh says the roundup during the summer virtually during foaling season violates the Wild Free Roaming Horses and Burros Act’s requirements for humane treatment of the horses.

BLM’s illegal closure of public lands and access to the roundup

Leigh’s other claims is that BLM’s closure of 27,000 acres of public lands in the area of the roundup constitutes a violation of the First Amendment rights to free speech and freedom of the press. Leigh says the BLM is effectively “censoring” information and denies the media the ability to observe and report on a government action.

The BLM actuallly began the round up on private land, many say as the excuse to keep the public away. The agency gave no excuse, however, for closing access to public lands even temporarily during the roundup.

R.T. Fitch, author, Straight from the Horse’s Heart, recalls, Don Glenn [of the BLM] stood up in front of God and country (also a video camera) and promised that the BLM would be transparent and equine advocates (taxpayers, the one paying his cushy government salary) would be ‘allowed’ to witness all round ups and at the same time he was speaking an undercover round up that was never publicized was taking place. I mean it was going on while the words were falling out of his mouth and splatting on the floor before him.”

Also, following Glenn’s comments, BLM shut down public access to horses after a brutal, deadly helicopter round up by Cattoors in the Calico Mountain Complex during the bitter cold of winter over icy, treacherous terrain. 153 of those horses have died including 2 foals whose hooves were literally torn off as they were chased for miles by Cattoors’ helicopter.

The closure of the Tuscarora roundup to the public comes on the heels of promises made at the June, 2010 meeting of the WH&B Advisory Board by BLM Director Bob Abbey of a “dialogue” to engage the public and that the agency would seek ”in depth” public input in managing wild horses and burros.

Then there is the law. Federal regulations strictly limit when public lands can be closed to the public even temporarily.

The refusal to allow even the media to watch a wild horse roundup is consistent, however, with BLM’s Bush era discussions during which the agency considered ways to keep the public away from round ups and devised a plan to brand protests as “eco-terrorism”.

BLM manager Gene Seidlitz recently cavalierly announced, “We are not the bureau of horses”.

Yes, there is no doubt about that.

WHAT YOU CAN DO NOW

Join Equine Welfare Alliance, The Cloud Foundation, Animal Law Coalition and thousands of organizations and citizens and call on Pres. Obama to order a moratorium on wild horse roundups. Here is his number:

202.456.1111 202.456.1111

The Views and Opinions Expressed by the author are his or her opinions only and do not necessarily reflect those of this Web-Site or its agents, affiliates, officers, directors, staff, or contractors. The author at the time of this article did not own any shares or receive any consideration financial or otherwise from any company or person mentioned or referred to in the article.

 
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