Doubt Cast On Pilot Valley "Estray" Horses Rounded-Up By BLM

July 7, 2010

Doubt Cast On Pilot Valley "Estray" Horses Rounded-Up By BLM

CHICAGO, (EWA) - On June 23, 2010, the Bureau of Land Management (BLM) Elko District office buried on its website a notice that  approximately 175 "abandoned, domestic, estray" horses located within Pilot Valley, NV, were scheduled for impoundment beginning June 25. The round up was expected to take 3 - 4 days with corrals set up on nearby private land owned by Simplot Land and Livestock until the horses could be transported and placed under the jurisdiction of the State of Nevada.

 

According to Nevada laws, an estray is a horse that is found running loose on public lands but shows signs of domestication and the owner is unknown. A horse is considered "feral" under Nevada law if the animal was domesticated or is the offspring of domesticated horses and has become wild with no physical signs of domestication. The state of Nevada owns estray and feral horses. Wild horses and free-roaming Mustangs are protected by the BLM under the 1971 Wild Free Roaming Horses and Burros Act.   

 

Nevada authorities plan to sell the horses rounded up by the BLM at auction on July 10. The horses will be available to all buyers and are therefore at risk of ending up at slaughterhouses in Mexico or Canada.

 

But serious questions are being raised as to whether these horses are, in fact, estray or feral. After investigating the history and location of the Pilot Valley area, wild horse advocates found Pilot Valley sits at the edge of a known wild horse territory called the Toano Wild Horse Herd Area. BLM wanted to make this area "horse free" in 1993, but according to BLM's Program statistics, approximately 168 wild horses were reported as still residing in the Toano range as of last year.

 

The proximity and near identical number of horses has lead mustang advocates to speculate that the horses the BLM rounded up as estray might actually be wild horses from the Toano range that are entitled to roam free under federal protection. How, they ask, does BLM know these horses are estray or feral and not wild horses?

 

Suspicions are further fueled by the unusual suddenness of the roundup, just 48 hours after notice of the removal was posted.  "These horses will go from free roaming to sold in fifteen days or less with tight security at the facilities where they are now being held," said Valerie James Patton, Vice President of Equine Welfare Alliance (EWA). 

 

"Even BLM's own news release stated those horses had been there a long time, long enough to grow in size", Patton added.  "So now the question becomes, how long is a long time?  Since 1993 when BLM filed papers to zero out the Toano Herd Area?"

 

"Given the long history of abuse and impropriety that has characterized the Wild Horse & Burro Program, I have to ask," said EWA's Vicki Tobin, "Did BLM openly remove federally protected wild horses from the range to sell them for slaughter because they have no fear of being held accountable? It would be illegal for BLM to round up wild horses declaring them estray and turn them over to the State. The BLM is prohibited from sending wild horses to slaughter, whether directly or indirectly."

 

While questions have begun surfacing as to the true status of the Pilot Valley horses, Laura Allen of Animal Law Coalition and EWA points out, " Before selling estray horses, the state is supposed to use reasonable diligence to try to find the owner including placing a notice about the estray with a full description in the local paper. BLM's news release states these are domestic estray horses abandoned by local residents. So why isn't an effort being made to find the local owners and hold them responsible to care for these horses instead of rushing these horses off for instant sale?"

 

"Another concern is, there are very specific definitions as to how to determine estray and feral livestock from federally protected wild horses and so far, the only thing we've seen is a take-our-word-for-it position from officials", she said.

"The Department of Interior has an almost unblemished reputation as a consistent source of scandal, mismanagement and corruption," explained EWA president John Holland, "starting with Teapot Dome in the Harding Administration through to the current disaster in the Gulf. So when things look this suspicious, questions are bound to arise."

In fairness to the BLM, EWA contacted them on July 1, to ask how they determined the horses were estray and is still awaiting a response.

EWA calls for a federal investigation to find out how BLM determined these horses are not the federally protected wild horses from the Toano range, which should include genetic testing and an accounting of the Toano wild horses.

Contacts:

Valerie James-Patton                         

Equine Welfare Alliance

530-474-1128

valerie_jamespatton@yahoo.com

Laura Allen

Animal Law Coalition and Equine Welfare Alliance, general counsel

607.220.8938

lauraallen@animallawcoalition.com

 

The Equine Welfare Alliance is a dues free, umbrella organization with over 100 member organizations. The organization focuses its efforts on the welfare of all equines and the preservation of wild equids. www.equinewelfarealliance.org 

Animal Law Coalition is a coalition of pet owners and rescuers, advocates, attorneys, law students, veterinarians, shelter workers, decisionmakers, and other citizens, that advocates for the rights of animals to live and live free of cruelty and neglect. www.animallawcoalition.com

300+ Acres per Wild Horse and Burro is Not Enough Space says BLM?

From In Defense of Animals:

 

Act Today To Oppose Roundup Of 2,000 Horses And Burros In California

 
Earlier this week, a federal judge dismissed the our lawsuit, on a technicality, to stop the roundup and long-term holding of 2,000 horses from the Calico Mountain Complex in Nevada. We are more committed than ever to continue to fight this injustice against American wild horses and burros. Please stick with us through this long battle – we must continue to submit public comments against each and every roundup, and urge Congress to change the broken system that has for decades wrongly taken freedom and family away from innocent wild horses and burros.

The Bureau of Land Management (BLM) recently issued its formal proposal to roundup 2,000 wild horses and burros in the Twin Peaks Herd Management Area in California. The BLM says this nearly 800,000-acre area can only have 448-758 horses and 72-116 burros; the BLM plans to remove 1,855 wild horses and 210 burros. Thousands of you commented earlier this year, opposing this ill-conceived plan and we must again document our opposition. We must not give up until wild horses and burros are protected from these horrible roundups.

https://secure2.convio.net/ida/site/Advocacy?pagename=homepage&page=UserAction&id=1501&JServSessionIdr004=lzgb5628j3.app246b

Judge Dismisses Suit Challenging Calico Roundup

Posted May 24, 2010 

by Laura Allen

Animal Law Coalition

Update May 24, 2010: U.S. District Court Judge Paul L. Friedman has dismissed this case, entering summary judgment in favor or the BLM. A copy of the opinion is attached below.
The judge found the issues related to the legality of the round up of the Calico Mt. Complex wild horses are moot because the roundup has already occurred.

The judge explained that while he denied plaintiffs In Defense of Animals, Craig Downer and Terri Farley, a preliminary injunction that would have stopped the roundup before it occurred, they should have appealed that denial. Because they failed to appeal the denial of the motion for preliminary injunction at the time, Judge Friedman said he could not now hear their claims.

(There is an exception to the mootness doctrine for claims that are capable of repetition but evading review, meaning acts or omissions which could never be challenged in court because it would be moot by the time the court could reach a decision. That exception would have applied in this case. But, said the judge, for that exception to apply and for the court to be able to review the plaintiffs' claims, they would have had to appeal the denial of the motion for preliminary injunction.)

The judge also dismissed their remaining claims for lack of standing. The judge explained that plaintiffs were challenging the legality of warehousing wild horses in long term holding facilities including as Interior Secy. Ken Salazar has proposed, on "preserves" in the midwest or East. The judge acknowledged that when he denied the motion for preliminary injunction, he did state there was a likelihood of success on that claim. Wild horse enthusiasts, wildlife ecologists, advocates and many other citizens as well as the plaintiffs in the case, hoped the judge's words meant he intended to end the warehousing of wild horses in long term facilities and pave the way for them to remain free roaming on the range.
 
But now, said Judge Friedman, he does not believe the plaintiffs have standing to pursue that claim. He explained that plaintiffs did not show the injury they would suffer from the roundup of the wild horses was related to placement in long term holding facilities. He said they only established a causal connection between their suffering and the round up and removal of wild horses from the Calico Mt. Complex.
The judge then said they also lacked standing to pursue the claim added by the plaintiffs after denial of the motion for preliminary injunction under the National Environmental Policy Act, ("NEPA"), 42 U.S.C. §§ 4321, et seq. They alleged the BLM had failed to consider the significant environmental impact of holding wild horses in long term holding facilities.

A "procedural injury" such as a NEPA claim was not sufficient to establish standing, said the judge, unless the plaintiff showed a causal connection between the NEPA violation and their injury. The judge found the plaintiffs had not established such a connection.
   
For more on this case, read Animal Law Coalition's report and update below and for more on the brutal roundup and removal of the Calico wild horses....

Government proposes removal of more than 1,000 horses in Wyoming,

A Message from In Defense of Animals..

Help Stop Another Proposed Wild Horse Roundup

Submit Comments By April 2!

Government proposes removal of more than 1,000 horses in Wyoming,
claiming 1.7 million acres can only support 1,165 horses

Please send the e-mail at this page by April 2 to submit comments to the Bureau of Land Management (BLM). The BLM is continuing its business-as-usual roundup of wild horses. The latest proposal is to remove more than half of the 1,950 wild horses on 1.7 million acres of Herd Management Areas in southcental Wyoming.
This is the beginning of the BLM’s process to remove wild horses in the Adobe Town and Salt Wells Herd Management Areas in Wyoming. It’s important that we submit our comments now to oppose this newest proposed assault on wild horses.
The BLM claims that the Adobe Town Herd Management Area encompassing more than 472,000 acres can only have 610 to 800 wild horses and the Salt Wells Herd Management Area comprised of nearly 1.2 million acres can only sustain 251 to 365 wild horses.



Please submit your comments today with the form at this page. Protest against another massive Obama Administration wild horse roundup. Public comments must be submitted by April 2, 2010.

Placitas' New Mexico Braces for BLM Round Up

WHOA

Feb 11, 2010

New Mexico

It is illegal to willfully remove or entice a legally wild horse off BLM lands per 16 USC 1334.

There is strong evidence that the BLM is performing/preparing a round up of the Placitas Wild Horses. It should be in the light of day and should be listed as an alternative in the next step of the RMP. The people of Placitas have proven to the BLM and their representatives their interest, concern, and desire to keep these horses in Placitas.

It is not proper in the middle of a Resource Management Revision (Unit 5 of the Rio Puerco) to make so many changes to the BLM before any final decisions. The BLM has opened right of ways, carelessly added new roads apparently to perform this round up, granted grazing permits in a clandestine manner, and has withheld much of the public record as well as misrepresented information regarding the public record.

Moreover, the BLM has deemed most of the Placitas public record as “Out of Scope” of their scoping process. Now Placitans and New Mexicans have the added insult of a round up without the light of day.

This letter will be followed by proof of birth in Placitas of these horses including pictures, as well as proof that they were here long before 1971. This by definition makes them legally wild on BLM lands.  This letter of proof will be shared with all Placitans and friends on the back side of the mountain. WHOA continues to offer and work every administrative remedy available to it. Call WHOA for round up details of the BLM. WHOA has written confirmation of this round up plan from the Honorable San Felipe Pueblo and again, visual evidence of the last 4 days shows it is in progress.

PLACITANS/FRIENDS - What You Can Do.

Though we continue to try every administrative remedy, the BLM will not entertain a discussion of the legal aspects of these Placitas Wild Horses. The BLM has deemed all comments approximately 2000 of them regarding the horses as "out of scope.

1. Please be out on the BLM walking up and down the Northern most side of it every day, as the apparent plan is to move them through the grazing permittees property to San Felipe Pueblo.
2. Please be open and professional when you see any BLM employees out there. Ask them what is your name, and what is your mission here? Record their license plate and send to WHOA.
3. Please take your cameras and recording devices and send WHOA any documentation.
4. Please send donations to WHOA Legal Fund, PO Box 932, Placitas NM 87043 (Every cent goes to the defense of the horses and the open spaces with they live.)

5. Please call/email your representatives below and ask them: (phone nos. below)

·        Please hold a mediation and include WHOA and all stake holders per WHOA’s request.

·        What did they knew about this round up plan.

·        What new proof does the BLM have that San Felipe owns these horses as they have denied it through the years.

·        Has the BLM used mining permits or other “incentives” to gain cooperation from the honorable San Felipe Pueblo?

·        Did the grazing permittee gain his new permit from the BLM in the middle of this BLM RMP by agreeing to “safe passage” of this secret round up across his property?

·          Will you please stop the round up at least until the BLM’s RMP is done and disputes are settled?

·        Please document the answers to these and your questions and send to WHOA via email.

Downtown Albuquerque Office Representative Heinrich
20 First Plaza NW Suite 603 | Albuquerque, NM 87102
Phone: (505) 346-6781 | Fax: (505) 346-6723

Sarah Cobb for Senator Tom Udall

219 Central Avenue. NW Suite 210

Albuquerque, NM 87102

ph: 505-346-6791

WHOA to Senator Udall and Representative Heinrich -

Dear Representatives - Representative Heinrich, and Senator Udall

1. Please sponsor a mediation where WHOA and our legal counsel can discuss the legalities of this issue so important to the people of this state and to Placitas. Please ensure all the stake holders are there.
2. Please stop this clandestine round up.
3. Please answer the bulleted questions above as well

For the Open Spaces and the Animals that Grace Them,

Patience O’Dowd co-founder WHOA

Wild Horse Observers Association

A public 501 c3 non-profit corp.

PO Box 932

Placitas, NM 87043

505-867-5228

505-610-7644

Permission to cross post granted by WHOA

(more)

The BLM’s plan is to push the horses through a grazing permittees property and over to San Felipe. San Felipe has always supported the horses and had earlier advised WHOA of this plan while asking for information. Over the last 4 days Placitans have observed the BLM employees out around the horses.

Action Notice: Public Comment by Feb 12 re Antelope Complex Roundup

Public Comment needed by Feb 12, 2010.
Wild horse advocates can now use the  Automated Email by IDA to help stop the round up of wild horses:

Support is needed to to oppose the massive removal of 1,506 wild horse in the Antelope Complex located in northeastern Nevada.

The Antelope Complex roundup is currently scheduled to take place this summer or fall. The BLM's Elko and Ely District Offices are seeking public input for the preparation of a preliminary environmental assessment (EA). This is our chance to oppose and highlight that the BLM's determination of the "appropriate management level" (AML) for wild horses is flawed and must be revised before proceeding with yet another ill-conceived roundup and removal of wild horses.
Links to BLM press release and letter of notice:
http://www.blm.gov/nv/st/en/fo/elko_field_office/blm_information/newsroom/2010/january/blm_seeks_public_comment.html

http://budget.state.nv.us/clearinghouse/Notice/2010/E2010-117.pdf

BLM Postpones Eagle HMA Round Up

Sunday, Feb 7, 2010
Wild for Life Foundation

The Bureau of Land Management (BLM) now shows caution regarding the proposed Eagle HMA roundup, as it could cause imminent harm to wild horses during  foaling season.

The recent Calico roundup was one of the most widely publicized BLM assaults on the wild horse population.  Pro horse advocates recently discovered over 25 deaths due to the BLM chasing pregnant mares across miles of various terrains and away from their legal herd areas.  Evidence indicates that the hoofs were run off the legs of several foals during this round up. WFLF questions the sincerity of the BLM's sudden recognition of foaling season, especially since the BLM showed no concern for the best interest of these wild horses during past round ups. If the BLM goes forward with the Eagle roundup after what they call foaling season, it could be scheduled during extreme summer temperatures; furthermore the new born foals would be placed in imminent harm and risk of death. So just when would be a good time for the BLM to remove wild horses from their rightful range lands?

BLM states that they will conduct further environmental studies and allow public comment prior removing any wild horses from the Eagle HMA. On December 28, 2009, the BLM issued a preliminary environmental assessment (EA) proposing to roundup what they call "excess" wild horses from the Eagle HMA during the month of February 2010. More than 9,000 public comments were submitted following a 30-day comment period.

The preliminary EA also included a proposal to remove approximately 50 wild horses that have migrated away from the Eagle and Silver King HMA. BLM states that these horses are threatening the safety of motorists along U.S. Highway 93 near Pioche, Nev. The BLM states that three "animals" have been hit by vehicles during the past year along HWY 93, but the BLM did not clarify as to what species these animals were. BLM is currently planning to remove these 50 wild horses and may announce their plans next week.

WFLF is concerned about the removal of the wild horses from outside of the HMAs.  Government officials have in the past,  mislabeled wild horses as "feral". Feral horses are not given the same protection that wild horses are provided and considering the way that the BLM treats wild horses, we find this is very concerning.

Link to BLM Update

Death Toll Rising - Horses Don't Lie

WFLF/AAHS
By Katia Louise
Jan 30,2010

There are news stories published nearly every day now about the Federal BLM Round Up of Wild Horses. Due to the efforts of those looking out for the best interest of the horses, more information has been surfacing and both local news stations and mainstream news outlets have been covering the topic more and more. As of Jan 30, the BLM admits to 27 horses killed during the current Calico round up in NV and this ever rising death toll has gotten worldwide attention.

Despite of the publicity and exposure, pro horse advocates are disappointed in the way media is presenting this issue to the public. Advocates worry that important information and facts are being left out, and that this paves the way for those that profit from these cruel and controversial activities. The BLM has made this issue appear as though it's between the BLM and the advocates, but in truth, it's all about what the BLM is doing to the horses.

The horse advocates are looking out for the horses. The BLM is looking out for themselves.

One of the most widely contended aspects of the BLM roundup/ removal of wild horses is the BLM's claim that the horses are starving due to an absence of forage on their assigned range lands. What has proven to be a clear pattern is the governments' creative & selective production of imagery. For example, a couple of pictures have recently surfaced in media reports where nursing mares are depicted. The problem arises when these images depict isolated and rare instances of thin nursing mares. These same mares are then touted by DOI Secretary Salazar and other BLM officials as an accurate example of what they claim to be the poor health and condition of the entire wild horse population.

In speaking from my own firsthand experience as an observer of the Calico round up, what I find concerning is that the number of horses that appear less fat and healthy is actually a mere small fraction of the overall population. Further, these thinner horses are predominantly mares with foals still nursing. When looking at the entire population of horses, it's important to note that their body condition at the time of roundup, as the BLM admittedly reports; is good. And when you look specifically at the remaining population of horses (the stallions, yearlings and mares without foals) from the same HMA's they do not show the so called signs of malnourishment. Further, it should also be pointed out the that it’s a common natural occurrence for most any species living on the land in their natural environment during the dead of winter, while nursing to lose more body weight than other members of their herd. Based on the same, this type of natural weight loss is more appropriately attributed to the foal’s need for nourishment from the mare, rather than the claim that these mares are starving from insufficient forage.

The exposure of the truth has caused the DOI and BLM to step up their misinformation campaigns. If wild horses were truly starving out on the range, the so called excess populations wouldn't be a problem, and the round ups would NOT be necessary. On the other hand if there were such a thing as an excess wild horse problem, then the wild horses would be in fact thriving and doing quite nicely on their own.. Again no need for the BLM to step in and place them on feed lots at taxpayer's expense. And if the BLM truly cared about our wild American horses and they wanted to do the best thing for them, they would leave them out on the open ranges and allow they to transverse their assigned HMA's on their own, rather than stampede them across lava fields with helicopters and removal them permanently.

The BLM is clever to call the round up a gather. They shoot these nursing mares leaving behind orphaned foals and then call that euthanasia. They then spin the death tolls and statistics to bolster their misinformation campaign. What other indiscriminate tactics are being used by the BLM in effort mislead the public?