Author: Photographer — Journalist

Let’s correct a misconception right now! The Bureau of Land Management (i.e. BLM) and the Department of the Interior (i.e. DOI) leads the American taxpaying public to believe, quite costly to taxpayers in the billions of dollars yearly, that Wild Horse Herd Roundups and getting them off of Public Lands is a necessity. This is not true!

The Truth: After a thorough and comprehensive study of the vegetation research, range management criteria, the perusal of false Environmental Impact Statements’ (i.e. EIS, and plenty to review to show this as fact even on the Internet, with many blatantly copied from previous and bogus EIS) and “Laws” complete with thorough Federal Court precedence, this author can say beyond a doubt — Roundups Are Not Required – Technically, Scientifically, or Legally.

As a matter of fact when we peruse the legalities, as America is based upon an honest Legal System for government agencies to abide, we find discrepancy and criminal behavior abundant. This is referenced quite well, factually. . .

These Laws are put into place in order to give administrative and management paradigms for government agencies to follow, as an appropriate process, for the safety of America’s wildlife and Public Lands — as well as to protect the tax paying public from taxpayer money abuse by these same government agencies.

These Laws, both procedural and administrative, remain ignored by our present politician’s and government agencies, such as the Bureau of Land Management and the Department of the Interior. Essentially, this neglect and ignoring Law allows corporations free-reign on Our (Americans’) Public Lands, to include foreign corporations as well.

The BLM and DOI consistently and constantly ignore the information given below. This criminal behavior quite costly, with a cost to the American Taxpayer (GAO-05-869) in excess of $450 million dollars per year in administrative costs alone . . . in managing our Public Lands and completing wild horse herd roundups irresponsibly and unnecessary . . . There remains, over the years, No Support for the necessity to do so, other than rhetoric, or what many call “bullshit” —

Violation of DOI Policy – Integrity of Scientific and Scholarly Activities

DOI Integrity of Scientific and Scholarly Activities Policy § 3.4 Policy “The Department… will not tolerate loss of integrity in the performance of scientific and scholarly activities or in the application of science and scholarship in decision making…”

The Bureau of Land Management (BLM) staff and Department of the Interior (DOI) staff has set aside recovery criteria and designation of suitable habitat based upon the best available science in favor of what is termed – Welfare Ranchers who acquired preferential grazing permits on Public Lands, among other situations . . .

DOI Integrity of Scientific and Scholarly Activities Policy § 3.4.C “ Document the scientific and scholarly findings considered in decision making and ensure public access to that information and supporting data through established Departmental and Bureau procedures…”

In this instance, Environmental Assessment documents were leaked to politicians and selected lobby groups and other friends of BLM and DOI staff and other groups. By contrast, the deliberations between BLM, DOI, WH&B Consultants, Welfare Ranchers, other groups and state agencies in the SDM process were kept behind closed door, with no public access to the scientific data, conclusions or the standard by which decisions were being made.

And the Violations of DOI Policy List Goes On and On —

Legal Aspects of the EIS and Mandatory Procedure

We also use here, as reference, definable aspects of legal procedure to show BLM and DOI in violation of Procedure Law and Administrative Laws in total, in the matter of the Wild Horse Herd Roundups. It’s easily stated that both these government agencies outright LIE on their Environmental Impact Statements, or the necessity of such, in order to conduct the Wild Horse Herd Roundups on America’s Public Lands.

The Endangered Species Act is a comprehensive scheme with the “broad purpose” of protecting endangered and threatened species. Babbit v. Sweet Home Chapter of Comtys. For a Great Or., 515 U.S. 687, 698 (1995); see Tenn. Valley Auth. v. Hill, 437 U.S. 153, 180 (1978). Two interlocking provisions of the Act are of particular significance here: section 9, which prohibits the “take”3 of any member of an endangered or threatened species, 16 U.S.C. § 1538(a)(1)(B), and section 7, which imposes upon federal agencies an “affirmative duty to prevent violations of section 9,” Ariz. Cattle Growers’
Ass’n v. U.S. Fish & Wildlife, 273 F.3d 1229, 1238 (9th Cir. 2001) (citing 16 U.S.C. § 1536(a)(2)).

Under Section 7, a federal agency must “insure that any action authorized, funded, or carried out by such agency . . . is not likely to jeopardize the continued existence of any
endangered species or threatened species or result in the destruction or adverse modification of [critical] habitat of such species.” 16 U.S.C. § 1536(a)(2).4 To facilitate compliance with this substantive requirement, section 7 and its implementing regulations also impose specific procedural duties upon federal agencies: Before beginning any “major construction activities,” agencies must prepare a “biological assessment” to determine whether listed species or critical habitat “are likely to be adversely affected” by the proposed action. 50 C.F.R. § 402.12 (2012). If so, the action agency must formally consult with the appropriate wildlife agency, in this case the FWS,5 before undertaking the action. 50 C.F.R. § 402.14; see Karuk Tribe of Cal. v. U.S. Forest Serv., 681
F.3d 1006, 1020 (9th Cir. 2012) (en banc); Sierra Club v. Babbitt, 65 F.3d 1502, 1505 (9th Cir. 1995). During the formal consultation process, the “[f]ormulate its biological opinion as to whether the action, taken together with cumulative effects, is likely to jeopardize the continued existence of listed species or result in the destruction or adverse modification of critical habitat.” 50 C.F.R. § 402.14(g)(4).

If the FWS concludes that jeopardy or adverse modification is likely, then any take resulting from the proposed action is subject to section 9 liability (unless that take is authorized by other provisions of the Act not relevant here). See Sierra Club v. Babbitt, 65 F.3d at 1505; Defenders of Wildlife v. EPA, 420 F.3d 946, 966 (9th Cir. 2005), rev’d on other grounds by Nat’l Ass’n of Home Builders v. Defenders of Wildlife, 551 U.S. 644 (2007).

Although a federal agency or project applicant is “technically free to disregard the Biological Opinion and proceed with its proposed action,. . . it does so at its own peril (and that of its employees), for ‘any person’ who knowingly ‘takes’ [a member of] an endangered or threatened species is subject to substantial civil and criminal penalties, including imprisonment.” Bennett v. Spear, 520 U.S. 154, 170 (1997); see also San Luis & Delta- Mendota Water Auth. v. Salazar, 638 F.3d 1163, 1170 (9th Cir. 2011) (“[T]he determinative or coercive effect of a Biological Opinion stems directly from the Service’s power to enforce the no-take provision in ESA § 9 . . . .”).

(1) specify the impact [i.e., the amount or extent] of the incidental taking on the species;
(2) specify the “reasonable and prudent measures” that the FWS considers necessary or appropriate to minimize such impact; [and];
(3) set forth “terms and conditions” with which the action agency must comply to implement the reasonable and prudent measures . . . . Or. Natural Res. Council v. Allen, 476 F.3d 1031, 1034 (9th Cir. 2007) (quoting 16 U.S.C. § 1536(b)(4); 50 C.F.R. § 402.14(i)).

“Significantly, the Incidental Take Statement functions as a safe harbor provision immunizing persons from Section 9 liability and penalties for takings committed during activities that are otherwise lawful and in compliance with its terms and conditions.” Ariz. Cattle Growers’ Ass’n, 273 F.3d at 1239 (citing 16 U.S.C. § 1536(o)).

ESA regulations further require federal agencies and project applicants to “monitor the impacts of incidental take” by “report[ing] the progress of the action and its impact on the species” to the FWS. 50 C.F.R. § 402.14(i)(3). If the amount or extent of incidental taking is exceeded, the action agency “must immediately reinitiate consultation with the FWS.” Allen, 476 F.3d at 1034-35 (citing 50 C.F.R. §§ 402.14(i)(4), 402.16(a)). The action agency must also reinitiate consultation if the proposed action “is subsequently modified in a manner that causes an effect to the listed species or critical habitat that was not considered in the biological opinion.” 50 C.F.R. § 402.16(c); see also Defenders of Wildlife v. Flowers, 414 F.3d 1066, 1070 (9th Cir. 2005). When reinitiating of consultation is required, the original biological opinion loses its validity, as does its accompanying incidental take statement, which then no longer shields the action agency from penalties for takings. See Allen, 476 F.3d at 1037; U.S. Fish & Wildlife Serv. & Nat. Marine Fisheries Serv., Endangered Species Consultation Handbook: Procedures for Conducting Consultation and Conference Activities under Section 7 of the Endangered Species Act 4-23 (1998) [hereinafter ESA Handbook].

Once again, as always when dealing with the BLM or DOI in regard to matters concerning our natural Environment and America’s wildlife on Public Lands, we find these government agencies in contempt, both ethically and legally. This is a nation government by Law, and these agencies ignore this law in total!

Public Lands in America

America’s taxpayers’ Want Wild Horses on Our Public Lands. . . American taxpayer’s DO NOT WANT our Public Lands destroyed for short-term profits!

There are no endorsed or legitimate technical reports, authentic range management reports of what is referred to as good-science, or legal aspects that support the roundup of wild horse herds taken off of Public Lands. It is simply a convoluted estimating and contrived situation (i.e. which gives consent to something wrong based on falsehoods and misinformation) by BLM management, driven by the Cattleman’s Lobby and the Sportsman Lobby, among other lobby groups; Unfortunately, this leads to the obvious – our Public Lands environments’, wildlife, and biosphere’s are being ruined daily by decision’s made by falsehoods and lies by the BLM and DOI.

There exist several reasons to stop the rounding up of wild horses off Public Lands! But first and foremost, and throughout “all” the information in accord with the certification of wild horse herds (or HMA), one must acknowledge the very primary reason for the HMA’s to exist — American taxpayers support this distinct and overall priority to keep the Wild Horse Herds as they are, and government should leave them alone in total!

BTW The origination of the HMA’s, to protect the Wild Horse Herds on Public Lands, was passed unanimously in the Senate and Congress, and with approval of the overall American taxpaying public. Nothing has changed; well, nothing except politician’s who currently support corporations on our Public Lands and unethical government agencies who manage our Public Lands via criminality and special favors conducted.

There exists no priority what so ever for our Public Lands to be taken over by corporations, welfare ranchers, or foreign corporations, ongoing currently and ALL SUBSIDIUZED by America’s taxpayer money! (i.e. Did any of you vote for this – this author certainly did not and would not!)

Conclusion

There exists a large gap between truthfulness and crime in these government agencies, mostly filled with criminal behavior. They outright lie to the taxpaying public (against policy and law), they misinform and disburse false information to the taxpaying public (against policy and law), they violate Federal Law and Federal Court rulings directly involving their administration and management criteria, they continue daily having numerous violations of Law, they ignore their own Policy criteria, and worse yet — they remain unchecked by the legal community designed to protect taxpayers against such narrow-in-scope, illegal, and frivolous behavior.

Taxpayers receive nothing from these particular government agencies, other than costly roundups that the American Public does not want! This indicates not only severe problems within these particular agencies, but problems within a non-functioning legal system that continues to allow such behavior.

American’s are fed-up with this type of behavior from America’s government agencies and their irresponsible conduct. The push for new legislators has started, and the next election will show a heavy turnover in politicians . . . Voters will elect those that will rid our government agencies of illegal and dishonest behavior from the employees staffs and administrators alike.

Term-Limits for politicians’ is starting to pick-up momentum, within a Grass-Roots level. It has begun, make no doubt. There is a gathering of people at this grass roots level that are working toward positive change within our government – honesty rather than criminality. The truth is out there, and Politician’s and government agencies better take heed, as American’s are now speaking in vast numbers, demanding a change, and will continue to do so.
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BLM NEPA Documents for Oregon / Washington http://www.blm.gov/or/districts/prineville/plans/index.php
Live Stock Grazing Federal Expenditures and Receipts Vary, Depending on the Agency and the Purpose of the Fee Charged http://www.gao.gov/products/GAO-05-869
Negative Effects of Livestock Grazing Riparian Areas http://ohioline.osu.edu/ls-fact/0002.html
Grazing Regulations Include Doctored Environmental Analysis http://www.ucsusa.org/scientific_integrity/abuses_of_science/cattle-grazing.html
Grazing on public land: helpful to ranchers, but harmful to habitat? http://seattletimes.com/html/localnews/2008076883_grazing28m.html
Is cattle-grazing damaging public lands in the West? http://summitcountyvoice.com/2012/05/16/is-cattle-grazing-damaging-public-lands-in-the-west/

Briefing Report to Congressional Requestors, Rangeland Management: Grazing Lease Arrangements of Bureau of Land Management Permittees, May 1986. (General Accounting Office GAO/RCED-86-168BR).
Dobie, F.J., The Longhorns, (Boston, MA: Little Brown & Co.), 1941, pp. 21.
Freemuth, John, “Federal Land Management in the West:, in Zachary A. Smith, editor, Environmental Politics and Policy in the West, (Kendall/Hunt Publishing Company, Debuque, Iowa, 1993), p. 202.
Grazing Fee Review and Evaluation, The Secretary of Agriculture and Secretary of the Interior, 1986, p. 79. A 13.2:G79.
Hanneman, Michael D., Effects of Cattle, Elk and Mule Deer on a Narrowleaf Cottonwood Riparian Community Under a Short Duration Grazing System in Northern Arizona, Masters Thesis, Northern Arizona University, Flagstaff, AZ 1991.
Norlagg, Neil, Personal Interview, rancher, Mormon Lake, Arizona, 8 March 1995.
Rangeland Reform ’94 Draft Environmental Impact Statement, The Department of the Interior Bureau of Land Management in cooperation with the Department of Agriculture Forest Service, I53.19:R16.
Smith, Zachary A., The Environmental Policy Paradox, (Englewood Cliffs, NJ Prentice Hall, 1995), p. 195.
Tersey, Darrell Personal Interview, Rangeland Management Specialist, Bureau of Land Management, Phoenix District Office, 19 April 1995.
Young, James A., Sparks, Abbot B, Cattle in the Cold Desert, 1985. Utah University Press, Logan, UT 84332-9515, p. 68.
F.J. Dobie, The Longhorns, (Boston, MA: Little Brown & Co.), 1941, pp. 21.
Briefing Report to Congressional Requestors, Rangeland Management: Grazing Lease Arrangements of Bureau of Land Management Permittees, May 1986. GAO/RCED-86-168BR, pp. 1-14.
Grazing Fee Review and Evaluation, (The Secretary of Agriculture and Secretary of the Interior, 1986, A 13.2:G79), p. 79.
Personal Interview, Darrell Tersey, Rangeland Management Specialist, Bureau of Land Management, Phoenix District Office, 19 April 1995.
Zachary A. Smith, The Environmental Policy Paradox, (Englewood Cliffs, NJ Prentice Hall, 1995), p. 179
John Freemuth, “Federal Land Management in the West:, in Zachary A. Smith, editor, Environmental Politics and Policy in the West, (Kendall/Hunt Publishing Company, Debuque, Iowa, 1993), p. 202.
Personal Interview, Gary Hase Jr., Natural Resource Manager II, Range Section, Land Department, State Forestry Division, 20 April 1995.
Personal Interview, Neil Norlagg, rancher, Mormon Lake Arizona, 8 March 1995.
Rangeland Reform ’94 Draft Environmental Impact Statement, (The Department of the Interior Bureau of Land Management in cooperation with the Department of Agriculture Forest Service, I53.19:R16), p. 1-9
Michael D. Hanneman, Effects of Cattle, Elk and Mule Deer on a Narrowleaf Cottonwood Riparian Community Under a Short Duration Grazing System in Northern Arizona, (Masters Thesis, Northern Arizona University, Flagstaff, AZ 1991), pp. 11-19.
Rangeland Reform ’94 Draft Environmental Impact Statement, p. 1-8.
Personal Interview, Darrell Tersey, Rangeland Management Specialist, Bureau of Land Management, Phoenix District Office, 19 April 1995.
The Secretary of Agriculture and the Secretary of The Interior, Grazing Fee Review and Evaluation Final Report 1979-1985, (Department of Agriculture Forest Service and the Department of The Interior Bureau of Land Management, A13.2.G79, 1986), p. 7.
Federal lands accounted for 10% of the rangeland forage and 2% of total food consumed in 1982.

“The hope of the future lies not in curbing the influence of human occupancy – it is already too late for that – but in creating a better understanding of the extent of that influence and a new ethic for its governance.” ― Aldo Leopold, Game Management

There exists a harsh reality in America today. Ethics, morals, and decent standards that safeguard our animals, and especially wildlife, have become limited, almost gone.

Although these standards exist as law, these laws become mere façade, and replaced by a perspective of arrogance, ignorance, and outright hatred. And just as ironic, the fact that government employee’s, politicians, and much of the legal community take part in the debacle of abuse and hatred toward our animals in America, becomes also more elements of disgust and criminal in nature when attempts to cover up, or in reality excuse the atrocities committed against America’s animals and Wildlife. . .

Pick up any hunting magazine or read any hunting newsletter and the lies, misinformed patrons and editors, and the outright ignorance of what they all portray as science becomes obvious, not of science at all – certainly not conservationists, as they call themselves!

No debate here when one simply checks their references or completes even a simplistic research of the subject. Due to their demographics and sales, telling their audience what they want to hear has replaced good writing and good research alike. There is no reference toward good-science – since in reality it would contradict the magazine’s articles and content in total, and who knows where these magazine editor’s references, in reality, originated; certainly nether from appropriate data retrieval or sound science.

We have no further to look for the truth than our Public Lands. America’s Wild Horses and Wolves overwhelmingly represent this decline in ethics and overall abusive and murderous methods in today’s Stewardship of our Wildlife and Public Lands.

Make no doubt that more animals are also involved in this tragic realm of abuse. The killing of America’s animals by senseless methods and irresponsible conduct remain prevalent today. More disgusting, we have many hunters, and government employees’ alike, shooting animals from helicopters or planes, and some with automatic weapons. Afterward they make statements, incorrectly, that they were saving a natural habitat! Really? When researched we find not only their methods irresponsible, but their reasoning to be profound, not of legitimate data or conducted nor resolved from sound science.

In Reality the lies, innuendo, and misrepresentation that awkwardly provide the bravado to abuse and even kill our Wildlife in America, are merely a sham of ideologies unsupported by science or ethics; obvious to those who take the time to find the truth. So the examples provided here demonstrate beyond a doubt the overall, the catastrophe that is ongoing for all Wildlife in America as well as on an International basis.

Endangered Species Hunted for Trophies

We can take any period in time to demonstrate the arrogance/ignorance of the current trophy hunter’s in America. To even insinuate this situation, trophy hunts, to be of a natural circumstance, to perhaps even come close to making a natural habitat better, or required, or needed — and always developed out of misinformation, lies, and extremely bad science (i.e. if at all), remains and always has been an extreme realm of ignorant and blatant arrogance.

Going back to 1978, we discover (one of oh so many) a well-referenced application given to the U.S. Fish and Wildlife Service, for the importation of Wildlife on the Endangered Species List. These Wildlife – to be killed in fenced-in and what is termed Canned-Hunts, by supposed hunters (i.e. a term that most American’s find disgusting today, as many hunters of today are not hunters in the true definition of the term, rather boys-with-guns that shoot caged animals, then brag about their kill – some classify this as sociopathic behavior as well) who pay a lot of money to do so.

Reference: Notice by the Fish and Wildlife Service in the Federal Register, Vol 43(23) : 53121, December 12, 1978. The application List includes the following:

25 Argali Sheep, 10 Shapo Sheep, 50 Urial Sheep, 10 Elds Brow-antlered Deer, 10 Hog Deer, 10 Marsh Deer, 10 Pampas Deer, 10 Persian Fallow Deer, 10 Swamp Deer, 15 Clark’s Gazelles, 25 Dorcas Gazelles, 5 Rio de Oro Dama Gazelles, 5 Slinder-Horn Rhim Gazelles, 15 Swayne’s Hartebeests, 5 Pyrenees Ibex, 15 Black Faced Impalas, 150 Lechwes, 10 Saladangs, 100 Mountain Zebra’s, 20 Markhors, 10 Northern White Rhinoceros, 40 Bobcats (Endangered Mexican Subspecies), 20 Black Footed Cats, 10 Tiger Cats, 100 Cheetahs, 40 Jaguars, 20 Jaguarundis, 5 Clouded Leopards, 10 Snow Leopards, 40 Margays, 50 Ocelots, 25 Tigers, 15 Black Colobus Monkeys, 5 Red and Zanzibar Colobus Monkeys, 5 Gorillas, 5 Orangutans, 50 Slender Snouted Crocodiles.

After a very strong public outcry this application was withdrawn. Why? Because many of these species were on the ESA (Endangered Species List) and close to Extinct; whereas, it is also well noted that guided hunts, sponsored by the Safari Club did, indeed, take part in causing some of the Wildlife listed above to go extinct – for nothing other than becoming a trophy in someone’s den, overhanging their pool table, or in a bar or tavern! This continues today, and many American’s want it stopped!

These are animals, on the Extinct Species List, you, I, or people in the future will never see again. We simply have no idea if any of these animals in the wild were a significant addition, as the Wolf for example and reforestation fundamentals, or required to enhance a particular environment for a proper or needed function in nature.

Natural Habitats and Ecosystems

Our natural habitats, ecosystems, and overall environment are a mess, this is a reality. The sad truth remains, our present day environment within many areas, perhaps due to an Endangered Species now extinct! And for what, so an ignorant individual can brag about how he or she shot an animal within a caged environment, making up their own story as they sip from their beer or martini? Frankly, we will never know for sure!

Keep in mind this was 1978, and many more applications have been processed by SCI, among other organizations. The members of this organization have no remorse nether to their past recorded history of events and wiping out complete species, nor responsibility toward any Wildlife wanted or needed for the future. We must ask ourselves, within this nation of Laws, how our laws could support such irresponsible, and even disgusting, conduct.

Science and Ethics Nonexistent

Conclusively, and with the assistance of “Good Science” we can obtain our fundamental aspect of not only law but ethical treatment of America’s Wildlife. There exists a “Right” and a blatant “Wrong” here. Currently “Right” is being ignored, in its place is extreme psychotic behavior and irrelevant political agendas – and it is being allowed!

Politician’s and our governing Stewarts of America’s Public Lands and Wildlife is going to have to demand of their employees to acknowledge “Right” from “Wrong” and represent America in total, not just a small organization or group of hunters or corporations!

It is American’s who own America, not the hunters, not the corporations, and not government employees. American’s representatives should demand more, rather than accept abuse and the murderous behavior that exists today toward America’s animals and Wildlife! A little research and use of proper references, non-political agenda research, is needed now more than ever before! This means not leaving pertinent information of research data out of a supposed complete research report; not accepting shady science as a resolution toward roundups, such as PZP and its incomplete and incompetent historical rhetoric that has replaced good science data and goo research; and not to use any other drug oriented science with such inconsistent and misinformed data gathering and research.

Resolution to a problem is to remedy or fix not only the problem, but the issues as well. If our government agencies cannot conform to reasonable resolution, and at the same time not conform to law, not conform to good science, and not conform to integrity and ethics, then we should be re-evaluating the government agencies involved rather than use rhetoric and misinformation as an excuse toward resolution. . .
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Ziswiler, V. 1967. Extinct and Vanishing Animals: A Biology of Extinction and Survival, Springer Verlag, N.Y. Inc.

ICUN 1978 – 2010 Various Journals, Mammalia, Switzerland.

ANON. Save that Tiger, IUCN Bulletin, Vol. 10(5): 36-37 May

U.S. Fish and Wildlife Service. 1982. News Release. Leopard in southern Africa reclassified to threatened species. Jan. 29, 1982

ANON 1981. Lammergeiers & Taxidermy. ICUN Traffic Bulletin, Wildlife Trade Monitoring Unit, Vol. 3(3/4) 41. May/Aug.

i.e. 34 References upon request (authors choice)