Wild Horse West Douglas Decision

In a letter to the BLM Wild Horse and Burros Managers, Kathleen Hayden of Coyote Canyon Caballos d'Anza writes:

"Dear BLM Wild Horse and Burro Managers and interested parties,

By now you have probably reviewed the attached West Douglas decision/ conclusions.

Please compare similarities between the Douglans case issues with removal of non excess Mojave burros and Coyote Canyon herds.

We were pleased that the court addressed the basic intent of the Wild Horse and Burro Act based on preservation and believe this decision can be helpful in saving and restoring our local heritage herds with your help.

AS a member of multiple organizations and personally, I am requesting initiation of emergency ACTION on the following issues.

Some members of the Wild Horse Advisory Board have personally voiced support in this particular matter.

Particularly we would appreciate and welcome comments and statements from you (receiving this email) that could support correction of the deficiencies that removed these free roaming heritage herds such as:

1. redefine the deficient 1971 Coyote Canyon herd area boundaries based on additional Beauty Mt area information

2. determine that the zeroed out herd areas removed animals that were not in excess.

3. examine and correct deficiencies in the management plans inconsistent with the Congressional intent of the free roaming wild horse and burro Act.

Not addressed in the attached litigation but necessary and imperative in reviewing the management plans used to remove the southern Ca. herds :

Issues of NEPA, NHPA Sec 106 , forage evaluations, AMLs for genetically viable herds, compliance with ESA distinct population segments (comparable with Peninsular Bighorn), and consultation with county governments etc.

This is a time sensitive issue. We are requesting that burro gathers be halted until these issues are corrected. Your anticipated assistance is greatly appreciated.

Kathleen Hayden

(representing following organizations)

Coyote Canyon Caballos d'Anza INC.

Ca.Equestrian Trails and Land Coalition

CCCDA of Ca.State Horsemen's Assoc.

bcc, groups

p.s Note;

The BLM was required to identify the areas "presently occupied" at the passage of the Act to be recorded and preserved as Herd Areas and thereby included as federally protected habitat and populations in conformance with the federal mandates of PL 92-195. The case study for inquiry and pursuit of this line of thinking for the Beauty Mt. Allotment is taken from the lead direction provided in 2004 Resource Management Plan for the Nevada Wild Horse Range (NWHR).

The original acreage was dedicated due to a cooperative agreement by then BLM State Director and the Commander of Nellis as the nations "first" wild horse range in 1962 with acreage revision done in 1965 - 6 years before the passage of the Act. Acreage ballpark of 400K, maybe a little more or less.

After the passage of the Act, the NWHR became absorbed into the general WH&B Program and all cooperative agreements were dissolved in 1972 (approximately) and re-established through new agreements. And so, BLM managed the NWHR for the next 35 years.

According to BLM in their 2004 Resource Management Plan, they completely came out of left field and stated that the original Herd Area was never properly identified for the NWHR at the passage of the Act and 30 years later, they were attempting to remedy this error.

After an interpretation of data that had everyone involved in the RMP up in arms, BLM went ahead and expanded the NWHR acreage to 1.3 million acres based on this new assessment (this is three times what the original Range was established at and twice as much as what the National Program Office statistics cited)

One of BLMs leading arguments for this massive increase in acreage was, just because WH&Bs had not been documented in the areas did not mean that they weren't there when the Act was passed.

This assertion was approved despite a Protest filed by the Nevada Department of Wildlife and "Viola!" 33 years after the passage of PL 92-195, BLM went back in and finally identified the original HA acreage and it legally stands now at 1.3 million acres; a more accurate assessment of the true territory of the WH&B populations in 1971 .

So this is the premise and the precedence for the idea behind the Beauty Mt. Allotment. There is precedence established that BLM did not always accurately record HAs as was required but that it is "never too late" for them to remedy their previous errors.

Evidence has been found to support Beauty Mountain Herd Area (as used to justify the NWHR), and the argument is applicable to that same argument already used and approved that, if BLM failed to properly identify the HA at the passage of the Act and with evidence in hand to show WHs did occupy the area, then by law, BLM would have to "revisit" their Coyote Canyon HA designation.

Evidence that WHs were identified in the allotment in 1971 or before, changes the ball game with respect to the CC HMA usurped by State Parks. Now its back in BLMs jurisdiction and as such, they are required to go through the motions as required by law of preserving and protecting WH&B habitat as identified as occupied in 1971."

Federal Judge Blocks Plan To Remove NW Colo Horses -comment by plaintiff

This is applicable to our local Heritage Herds as well. Insist on NEPA to correct deficiencies in management plans.
Kathleen Hayden
Coyote Canyon Caballos d' Anza


Barbara Flores Plaintiff,
Wish you had the whole story. It is much more than this. There were more than 9 horses in the area of the West Douglas HA in the 1970's, and the BLM had eye witnesses to the fact at that time. This is a fair and thorough judge, who looked carefully at both sides. BLM has NEVER had the authority to simply decide not to manage for wild horses in an area they used in 1971, when the Act was passed, but they have wiped out wild horses from approximately half the herd areas established at that time, and some that they have never publicly recognized, like the 600+ wild horses eradicated from the Douglas Mountain HA in the 1970's and 80's. With more wild horses now in holding facilities than on the range, and the BLM proposing to kill all those in holding facilities, we will soon have none of this heritage left to us. I only hope this will make a difference.

Barbara M. Flores
American Mustang & Burro Assoc., Inc.
plaintiff
http://www.thedenverchannel.com/news/20295785/detail.html

DENVER -- A federal judge in Washington has blocked the Bureau of Land Management's plan to use helicopters and baits to trap and remove 100 wild horses from 128,000 acres of federal and private land near Rangely in northwestern Colorado.
U.S. District Judge Rosemary Collyer ruled Wednesday that the BLM overstepped its authority because it had not determined whether removing the horses was necessary to preserve the ecological balance and multiple use of that area.
BLM officials said energy exploration and development since the 1980s has caused overgrazing in part of the West Douglas Herd Area and areas outside their range.
Originally numbering nine in the 1970s, the herd has grown to 147.
The BLM planned to remove the horses in September.

Exciting Times Everyone! Mustang Adventure Planned for May 2010!

Exciting times everyone!



The 5 acres is open to the mustangs and they are so happy to have some space to run and play. Thank you everyone who donated, worked, encouraged....we couldn't have done it without you... Next step is to have a sanctuary but in the interim, we know the horses can feel a little of their freedom returned.



For any of you who might be interested in a mustang adventure, I'll be working with Rock Creek Pack Station up in Bishop to head up a four day photo/observation of mustangs ride next May 22-25. Your horse, tack, tent, food and instruction are all provided. If you want more information, please contact me as soon as possible. The ride is limited to 20 people and is already starting to fill. Cost is $750 which includes a $200 deposit due by October 1. The balance will be due in February. Your deposit will hold a spot for you. I'll send more information and web links to anyone who contacts me.



Enjoy the photos ... and thank you everyone.



Kay Levie
Contact Kay Levie's Mail

Sulphur Springs Foals - Coyote Canyon Foundation Herd

Hope y'all are writing and calling Congressman Issa to support a Heritage Herd designation in the Beauty Mt. area. contact info beautymountain@mail.house.gov

Thanks,

Kathleen Hayden

Coyote Canyon Caballos d'Anza

Southern California Wild Horse Advocacy Group Needs Your Help

All,
Please forward to interested parties and get back to me ASAP.

Who will serve on a committee for the Coyote Canyon Heritage Herd Area (permanent sanctuary) and make a call and visit to local congressional/ Board of Supervisor visit?
Need chair persons and committees.

Passage of ROAM by the House was a huge step in the right direction and was supported by Congressmen Billbray and Issa. Hunter must be convinced now to take steps to establish the Beauty Mt permanent herd area for our Heritage herd, a distinct population segment for which habitat is mandated. Those are the operable key legal words under the Endangered Species Act that gives our elected officials the foundation to proceed.
Intermediate, and immediate options to be considered

Need Volunteers for a committee to meet with
1. the Orange County Scout Managers of Lost Valley. Either pasture lease or project partnership Lost Valley has Coyote Canyon wild horse documented free roaming history and good pasture but not fenced.

2. Mataguay Scout Reservation , either pasture lease or project partnership
The 600 acres at Mataguay is also close enough for easy management. mostly fenced( project manager David.Hodges@scouting.org)

3. Vista Irrigation District for Barrel Springs pasture includes intersection at Hyw S2 and S22. Lease should be minimal, fence repairs needed, can get grant.
Previously VID managed the Barrel Springs pasture for cattle. Since the last burn the pasture is in real good shape and close enough to manage with supplemental hay in the winter. I attended a VID Board Meeting several months ago and the board mentioned this as a possibility. Need committee for follow up. Contact David.Hodges@scouting.org, Board Chair Paul Dorey.

4. San Diego Board of Supervisors ...request Board to make Declaration of Coyote Canyon Heritage Herd. Would probably help to have a committee member rep for each district. Petitions have been submitted for this purpose.


5. Congressionals Hunter, Issa, and Bilbray to proceed with Beauty Mt. I am assured by BLM last week that this is doable.

Please distribute to all contacts to see who is willing to take a committee chair for CCCDA and organize a committee for each of the objectives as outlined.

Kathleen Hayden
Coyote Canyon Caballos d'Anza
CCCDA@Znet.com

Reward Offered! Attempted Oleander Poisoning of Horses in Rancho Santa Fe

Reward offered in poisoning of show horses
By Jim Okerblom and Debbi Baker
UNION-TRIBUNE STAFF WRITERS[GP] << [GP] San Diego daily paper
Originally published 1:17 p.m. July 31, 2009, updated 6:25 p.m., July 31, 2009
RANCHO SANTA FE — A $10,000 reward is being offered for information leading to the arrest and conviction of those responsible for putting a toxic mix with oleander leaves in the barn stalls of 23 show horses at a Rancho Santa Fe ranch.
When workers began feeding the horses Thursday morning, they discovered that piles of the leaves mixed with sliced apples and carrots had been placed on shelves inside all the barred stall doors.
“When we opened the doors at 6 a.m., I knew exactly what it was,” said Theo Robinson, the ranch's assistant trainer.
Bill Tomin has owned the privately run 10-acre boarding and training facility with his wife, Debbie, for 30 years. They are offering the reward.
“Someone broke in and tried to kill all our horses,” said Debbie Tomin. “They fed them one of the most toxic things a horse can get.”
Oleander causes cardiac arrest if a horse eats enough and is not treated promptly, Bill Tomin said.
“Who would want to do something like this? This was totally planned and is totally sick,” his wife said.
One of the horses was already down and sick when workers discovered the leaves. That horse and two others were rushed to San Luis Rey Equine Hospital n Bonsall, where they received intravenous treatments. They are expected to recover, he said.
The facility has about 30 American Saddlebred show horses worth about $2 million. Four are owned by the ranch; the rest are boarded for clients.
Every horse in the barn, plus two pregnant mares and a third horse in an outside corral, had been given the mixture, Bill Tomin said, but it was unsure if they all ate it or how much.
“We're still finding it,” he said yesterday afternoon.
The horses were given mineral oil and charcoal to absorb the toxins. They must be watched for 72 hours and then tested to see if they suffered heart damage, he said.
Horses will not normally eat oleander due to its bitter taste.
Five of the horses are world champions, Bill Tomin said. Two are scheduled to compete in the World's Championship Horse Show in Louisville, Ky., in about three weeks.
Although competition can be fierce, Tomin said that he does not believe anyone in the tightknit world of show horses would stoop to poisoning.
“Nobody does this – this is some wack,” he said.
He said he plans to have a security camera system installed at the ranch Monday.
Debbie Tomin said she and her husband get along well with their neighbors, and they do not suspect any of their employees.
She said they think that someone climbed over a large gate between 2 and 3 a.m. Thursday and fed the horses so quietly that no one, including workers who live near the barn, was awakened. When the stall doors were opened, the toxic mixture spilled out.
“If we didn't act quickly, the horses would have died one by one,” she said.
All horse owners were notified, as well as the county Department of Animal Services.
The Sheriff's Department is investigating.
Debbi Baker: (619) 293-1710;
Jim Okerblom: (760) 737-7550;

BLM Plans Public Hearing on Pending Wild Burro Gathers

Release Date: 07/31/09
Contacts: David Briery , 951-697-5220
Stephen Razo , 951-697-5217
News Release No. CA CDD-09-61

BLM Plans Public Hearing on Pending Wild Burro Gathers

The Bureau of Land Management’s (BLM) Ridgecrest Field Office will hold a public hearing to present information on the roundup of wild burros in the BLM’s California Desert District that would include the use of a helicopter. Herd areas where burros most likely would be gathered through December 2009 include the Panamint, Centennial, and Slate Range.

The meeting will be held on Wednesday, August 19 at the BLM Barstow Field Office, 2601 Barstow Road (California Route 247), in Barstow, beginning at 6 p.m. A BLM wild horse and burro specialist will explain the BLM’s plans to gather the burros, as well as answer questions.

Documents associated with planned gathers will be available at the meeting. For more information on the public hearing or questions about the BLM’s wild horse and burro program, please contact the Ridgecrest Field Office, (760) 384-5434 or David Briery, BLM Public Affairs, (951) 697-5220.



--BLM--

California Desert District 22835 Calle San Juan de Los Lagos, Moreno Valley, CA 92553