Wild Horse Observers Association (WHOA)

PO Box 932

Placitas, NM 87043

(505) 867-5228

whoa@thedesertsky.com

SB861

Wild Horse Management and Tourism Programs

3/14/05

Clarification

This bill SB861, does not apply to any federal lands.

This bill SB861 applies to New Mexico State Lands only.

The 1971 Free Roaming Wild Horse and Burro Act applies only to federal lands

Excerpt from Variety of Colors

Text by Dr. Phillip Sponenberg, DMV, Ph.D.
From "North American Colonial Spanish Horse—History & Type

"The frame overo pattern is especially interesting, since it is almost limited to North American Colonial Spanish horses or their descendants.

ATTACHMENT INDEX

                                                                              Page

Attachment 1                                                                          7

WILD HORSES TOURISM

Attachment 2                                                                                          13

Attorney General Statement Patricia Madrid 

Attachment 3                                                                                         16

Attorney General Opinion Tom Udall,  Opinion 94-06

Attachment 3                                                                                       25

Children of Santo Domingo Elementary School-

Support the Placitas Wild Horses Letters with Pictures

and Signatures

Attachment 4                                                                                      30

Junior Optimist Club of Placitas -

Support Wild Horses with Letters with Pictures and Signatures

Attachment 5                                                                                     31

SENATE BILL 861

CONSERVATION COMMITTEE with edits                                  33

JUDICIARY COMMITTEE with edits                                           34

F I S C A L I M P A C T R E P O R T                                                          35

SB861

Wild Horse Management and Tourism Programs

3/14/05

1.      Tourism and Local Pride. Conquistadors are extinct in Spain and there are only a few left here. These are exciting historical living treasures and are an asset of this state.

·       Tourism; Become leaders in horse tourism and utilize the local customs to develop Wild Horse Festivals staggered in time across the state, all ending at the State Fair. See Attachment 1.

·       Encourage cultural pride in the youth of New Mexicans

·       Utilize the preserves and many horse rescues NM has while encouraging further private entities to open other preserves.

2.      NM Livestock Board gathers 25 unclaimed horses per year from all categories of lands (2001, 2002) See Exhibit 1.

·       Some of these are branded.

·       Some fit the definition of a wild horse in SB861.

·       Some fit the definition of Conquistador in SB861. 

3.      The “estrays” gathered by the NM Livestock Board are sold at auction where most go for slaughter, some in Mexico. See Exhibit 2. There is no way to avoid this under the current system except for the occasional sealed bids where the price is raised from $105 per Mother and Baby pair to from  $160 to $620 per individual horse.

4.      Two New Mexico Attorney General’s have recommended that New Mexico has the right to define wild horse in the statutes, as well as recommending what protections they should receive.

See Attachment 2.

5.      Discrepancies have occurred in determination of estray horses due to the lack of a New Mexico State definition of a wild horse. This has resulted in a loss of Conquistador horses and other wild horses of New Mexico. See Exhibit 3

6.       Local support including the founding of WHOA for our states wild horses.

                        a.      Over 800 citizen’s attempt to protect Placitas wild horses. See Exhibit 4

                         b.      Homeowners Association letter of Support See Exhibit 5

                         c.      176 Native American children’s written requests with colored drawings to save New Mexico’s wild horses. See Attachment 3.

                         d.      24 Placitas children’s written requests with colored drawings to save New Mexico’s wild horses. See Attachment 4.

                         e.      13 Affidavits See Exhibit 6

EXHIBIT SUMMARIES

(EXHIBITS To be supplied in committee)

EXHIBIT 1

NM Livestock Board FOIA Data on NM Estrays

2001    24 horses total

    2 branded

          Disposition

o       23 horses sold at auction

o       1 horse sold by sealed Bid

2002   27 horses total

            6 branded

Disposition

o       25 sold horses at auction

o       2 disposition undisclosed

EXHIBIT 2

NM Livestock Board FOIA Data on NM Estrays  

Horses garner higher price outside auction. 2002 data

EXHIBIT 3

NM Livestock Board Inspectors Report

Santo Domingo and San Felipe tribes contacted by Livestock Board Inspector to determine ownership of Placitas Estrays.

Tribe spokespersons say

“The Horses were not property of the tribe“

Inspector then calls BLM. BLM states without proof or without seeing the horses that they do belong are the “reservations”

The Livestock Board Inspector takes the BLM’s word although the BLM states that they are not unhappy about the horses being caught.

Letter from the current Assisitant Attorney General Elizabeth  A. Glenn 12/15/2003.

Shows that the Livestock Board claimed the San Felipe Tribe had claimed the horses during a meeting with the Livestock Board on Dec 4, 2003.

1.     FOIA response from Livestock Board to June 22ed 2004..

·        No such proof exists.

2.     Telecon of 3/19/04 with Ted Garcia of the San Felipe Governors office stating;

·        “They had not yet made a determination”

EXHIBIT 4

Over 800 Placitas and Alb Signatures in favor of the Wild Horses

EXHIBIT 5

La Mesa Subdivision of Placitas Letter of support to keep wild horses in Placitas

EXHIBIT 6

13 Affidavits showing that the Placitas horses which travel both New Mexico Open Space and BLM lands are wild horses. These affidavits also show the BLM and Livestock Board are incorrect with regards to the Native Americans ownership of the Horses in Placitas.

Attachment 1

Wild Horse Observers Association

New Mexico The Horse Friendly State

3/18/04

WILD HORSES TOURISM

Introduction 

The State of New Mexico has a natural and cultural resource that should be used to meet Governor Richardson’s goal of increased tourism and revenue for the State.

A partnership between the State government, the Forest Service, and the BLM, in which the State’s remaining wild horses are protected, managed, and promoted as a national legacy could result in increased tourism in and around the Wild Horse Territories of New Mexico.

Such is the case in Chincoteague, VA, where the wild horse population of Assateague Island is maintained below 150 animals originally by the annual pony swim and adoption, and birth control in the last 12 yrs. This event has grown from 15 colts sold in 1925 to the present day average of 85 ponies sold and an attendance that has continued to grow from 25,000 in 1937 (see attachment IV on pony penning). Countless other tourist-based businesses have been built on the legend of the Chincoteague ponies.

Wild horses can successfully draw tourists, especially when promoted in a state abounding with natural beauty that seems to change with every bend in the road and the added attraction of the Hispanic, Native American, and cowboy cultures.

FOREST SERVICE TOURISM

First Step 

Advertise our National Horse Territories at the New Mexico Tourist Centers and their kiosks. Also advertise wild horse-based  New Mexican businesses at those locations.

Opportunities

Historical Classes/Videos/Books/Lectures on the history of the Spanish horse in New Mexico could be shown/made available at the Ranger Stations. Other subjects include:

·        Wild horse training,

·        Round-ups,

·        Spanish Conquistadors,

·        Biology,

·        Ecological balance,

·        Birth control in wild horse management,

·        Evolution,

·        Cultural value/significance,

·        Role of horse in NM and US history, etc.

·        Hispanic heritage,

·        Native American heritage,

·        Wildlife photography of wild horses in their open range,

·        Eco-Tourism and information,

·        1971 Wild Horse and Burro Act Education

Eco Tours given by the FS. Few states currently offer ecotourism and ecotours!  Make NM unique for promoting our Wild Horses as income generators while we preserve our national heritage.

Sales of Wild Horse Territory maps, wild horse souvenirs (hat pins, magnets, Christmas ornaments, post cards, note cards, posters, booklets, stuffed animals, etc.)

Camping/Horseback riding.

Careers in Wild Horse Management

LOCAL TOURISM

Opportunities to promote

·        Involve the locals near the Wild Horse Territories and the Wild Horse Businesses in the state on how they would like to be advertised nationally at our tourist centers and how to maximize tourism potential.

·        Annual Wild Horse Parades and Hispanic and Native American festivals in towns adjacent to current Wild horse territories, preserves, sites etc, all coordinated to overlap so visitors can go from town to town. Towns/areas include include:

(Also See Attachments I, II,II)

Mt. Taylor

Placitas

El Rito

Santa Fe

Socorro (BLM herd)

Jicarilla

Cedar Crest

·        Find out what the local Hispanic and Native American traditions were and are for celebrating their heritage in relationship to the horse. Use these.

·        Horseback Rides/Camping with the Ranchers.

·        State Fair (Feature the Annual National Spanish Registry Shows/Meetings/Event.)

·        Bed n Breakfasts advertised near these sites.

·        Local training demonstrations.

·        Local Artists Paintings of Wild Horses.

·        Local stores with wild horse figurines/books etc.

·        Real estate ads in the adjacent towns should add wild horse viewing opportunities around the state.

·        Endurance rides from town to town during the time staggard wild horse festivals all ending at the time of the state fair.

MISCELLANEOUS INFORMATION

Six National Registries exist for Wild Horses

·        Horse of the Americas (is a unified registry for lovers of America's First True Horses) Barb, Spanish Mustang, Original Native American Horse, Colonial Spanish or Cayuse.) http://www.horseoftheamericas.com/  National Horse Registry

Wild Horse Breeders/Conservators/Businesses in New Mexico                    

(Not a complete list)

·        http://www.mttaylormustangs.com/  Dan Elkins

·        http://www.caballosdecolores.com/aboutus.htm

·        http://www.buenasuertefarms.com/

·        Steve and Janie Dobrott
Ladder Ranch
HC 31, Box 95
Caballo, NM 87931-9702
(505) 895-5381

·        Jeff and Helena Hammer
P. O. Box 829
Tyrone, NM 88065-0829
(505) 388-1270
e-mail: spanishdun@cybermesa.com

·        Emmett Brislawn
Cayuse Ranch
2740 D Road, Oshoto, WY 82721
Telephone/Fax: 307 467-5394 Or email josie@cayuseranch.com http://cayuseranch.com/sales.html

Riding/Camping

·        http://www.laestanciaalegre.com/weekendwithhorses2002.pdf

·       Current Movie Hidalgo is about a Spanish Mustang

List of Books on training. Long but not complete!

·        http://www.mustangs4us.com/mustang_books.htm

List of Videos. Long but not complete!

·        http://www.mustangs4us.com/videos.htm

SUMMARY

The wild horses of New Mexico are a national treasure and an underutilized resource.  Benefits of promoting wild-horse related tourism include:

·        Additional revenue for the State and business communities around Wild Horse Territories

·        Another horse attraction that could gain National Attention such as the Arabian Nationals which we are losing to Oklahoma

·        Improved public perception of the Forest Service and BLM as caring and efficient stewards of public lands and wildlife

·        Tourism dollars could help pay for herd maintenance in some areas

·        More public attention on New Mexico’s wild horses would likely improve BLM wild horse and burro status.

Attachment I

Forest Service (FS) Inventory. 

The following is a listing of the Wild Free-Roaming Horse and Burro Territories in Region 3:

Wild Horse Territory Name                                                  Forest

Heber                                                                                       Apache/Sitgreaves (01)

Jicarilla                                                                                     Carson (02)

Mesa Las Viejas                                                                       Carson (02)

Mesa Montosa                                                                         Carson (02)

Jarita Mesa                                                                               Carson (02)

Deep Creek                                                                             Gila (06)

San Diego                                                                                Santa Fe (10)

Caja del Rio                                                                             Santa Fe (10)

Chicoma                                                                                   Santa Fe (10)

Wild Burro Territory Name                                                  Forest

Double A                                                                                 Kaibab (07)

Dome (Bandelier)                                                                     Santa Fe (10)

Saguaro                                                                                    Tonto (12)

Attachment II

The current FS total Target No. for the horses in NM 218.

*(Cattle x 165 days)/30 = Head Months,  therefore  Cattle = Head Months/5.5

Attachment III

BLM Inventory Soccoro = 70 Wild horses

 Total Wild Horses on Federal land in NM (411)

·        The total federally recognized and protected wild horse population on both Forest Service Lands and BLM multiple use lands is 411 in NM with a total target of 288.

CONTACT US:

Wild Horse Observers Assoc. (WHOA)

PO Box 932 Placitas, NM 87034

Ph/fax (505) 867-5228

A 501C3

Attachment 2   

Attachment 3

Children of Santo Domingo Elementary

School-

Support the Placitas Wild Horses

The children of the Santo Domingo Elementary School got together with pencil, crayon, and paper to send letters of support for the Wild Horses of Placitas.  See all their wonderful drawings below. 

We encourage all parents to discuss with their children the importance of the well-being of all creatures on this earth.  Click here to get a blank copy of the letter, so that your children can also participate.

Click on the thumbnail picture to see the drawing at full size

May 7^th, 2003

 Dear    NM / US Congressmen, BLM, NM Livestock Board, and,

              NM Attorney General Patricia Madrid

Don’t let this be the last wild horse/s seen!!!!

Many of the Placitas Wild horses and others have been rounded up as “Livestock” and sold at auction to a sad fate. There are few left. Please put this picture on your wall.

I am asking you to consider what horses have done for this country.  They are part of our Local and National Heritage. The wild horses belong to us all. Please support the following actions.

1.       Wild Horses should be designated as Wild Horses not Estray or Livestock.

2.      Support the Anti-Horse for meat Bill (H.R. 857). Americans do not eat horses.

3.      No More Spring Round-ups on federal lands. This hurts babies.

4.      All horses should be designated as companion animals, not Livestock.

5.      Horses should not be exempt from the New Mexico Animal Cruelty Law.

6.      Make the 10 Wild Horse Territories in NM (1 BLM, 9 National Forests (NF’s)) REAL sanctuaries, use them for horses, only 3 NF’s have any horses, quit Spring round-ups, and allow at least as many horses as cattle. Quit allowing these sanctuaries to evade being used as actual horse sanctuaries. 218 horses allowed total versus thousands of cattle in our Wild Horse Territories.

7.      Support Win-Win alternatives for ranchers like federal buy-outs, No imports of South American beef, and let them be Alternative energy farmers instead if they desire.

Sincerely,

Junior Optimists Club  

Attachment 4

Junior Optimist Club of Placitas -

Takes Action in Support of Their Wild Horses

The children of the Junior Optimist Club of Placitas, New Mexico got together with pencil, crayon, and paper to send letters of support for the Wild Horses of Placitas.  See all their wonderful drawings below. 

We encourage all parents to discuss with their children the importance of the well-being of all creatures on this earth.  Click here to get a blank copy of the letter, so that your children can also participate.

Click on the thumbnail picture to see the drawing at full size

Attachment 5

SENATE BILL 861

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Steve Komadina

AN ACT

RELATING TO ANIMALS; REQUIRING DEOXYRIBONUCLEIC ACID TESTING WHEN WILD HORSES ARE CAPTURED; REQUIRING CONQUISTADOR HORSES TO BE RELOCATED TO HORSE PRESERVES; PROHIBITING THE SLAUGHTER OF WILD HORSES; ALLOWING EUTHANASIA; ALLOWING FOR ADOPTION; PROVIDING FOR THE CONTROL OF WILD HORSE POPULATIONS BY MEANS OF BIRTH CONTROL.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. WILD HORSES--DNA TESTING--CONQUISTADOR HORSES--SLAUGHTERING PROHIBITED--BIRTH CONTROL.--

          A. As used in this section:

                (1) "conquistador horse" means a wild horse that is descended from horses of the Spanish conquistadores;

                (2) "public land" does not include federal land controlled by the bureau of land management or the forest service;

                (3) "range" means the amount of land necessary to sustain a herd of wild horses, which does not exceed its known territorial limits; and

                (4) "wild horse" means an unbranded and unclaimed horse on public land.

          B. A wild horse that is captured shall have its deoxyribonucleic acid tested to determine if it is a conquistador horse. If it is a conquistador horse, the wild horse shall be relocated to a state or private wild horse preserve created and maintained for the purpose of protecting conquistador horses. If it is not a conquistador horse, it shall be returned to the public land, relocated to a public or private wild horse preserve or put up for adoption by the agency on whose land the wild horse was captured.

          C. If the mammal division of the museum of southwestern biology at the university of New Mexico determines that a wild horse herd exceeds the number of horses that is necessary for preserving the genetic stock of the herd and for preserving and maintaining the range, it may cause control of the wild horse population through the use of birth control and may cause excess horses to be:

                (1) humanely captured and relocated to other public land or to a public or private wild horse preserve;

                (2) adopted by a qualified person for private maintenance; or

                (3) euthanized; provided that this option applies only to wild horses that are determined by a veterinarian to be crippled or otherwise unhealthy.

          D. It is unlawful for a person in New Mexico to slaughter a wild horse. It is unlawful for a person in New Mexico to possess or sell a wild horse for slaughter. A person who violates the provisions of this subsection is guilty of a misdemeanor and shall be punished by imprisonment for a definite term of less than one year or the payment of a fine of not less than five thousand dollars ($5,000) or more than ten thousand dollars ($10,000), or both such imprisonment and fine.

- 3 -

FORTY-SEVENTH LEGISLATURESB 861/a

FIRST SESSION, 2005

February 15, 2005

Madam President:

    Your CONSERVATION COMMITTEE, to whom has been referred

SENATE BILL 861

has had it under consideration and reports same WITHOUT RECOMMENDATION, amended as follows:

    1. On page 2, line 1, after "service" insert "or state trust land controlled by the state land office".,

and thence referred to the JUDICIARY COMMITTEE.

                               Respectfully submitted,

                               __________________________________

                               Carlos R. Cisneros, Chairman

Adopted_______________________ Not Adopted_______________________

          (Chief Clerk) (Chief Clerk)

                  Date ________________________

The roll call vote was 7 For 1 Against

Yes:      7

No:       Harden

Excused: Martinez

Absent:   None

SB0861CO1                                                  .156419.1

FORTY-SEVENTH LEGISLATURESB 861/a

FIRST SESSION, 2005

March 4, 2005

Madam President:

    Your JUDICIARY COMMITTEE, to whom has been referred

SENATE BILL 861, as amended

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

    1. On page 1, line 13, after the semicolon strike the remainder of the line and strike line 14 through the first semicolon.

    2. On page 1, line 20, strike "--SLAUGHTERING PROHIBITED".

    3. On page 2, line 5, strike "unbranded and".

    4. On page 2, line 6, after "land" insert "that is not an estray".

    5. On page 2, line 7, after "captured" insert "on public land".

    6. On page 3, lines 5 through 12, strike Subsection D in its entirety.

                               Respectfully submitted,

                               __________________________________

                               Cisco McSorley, Chairman

Adopted_______________________ Not Adopted_______________________

          (Chief Clerk) (Chief Clerk)

                  Date ________________________

The roll call vote was 7 For 0 Against

Yes:      7

No:       0

Excused: Lopez, Martinez, Sanchez, M.

Absent:   None

SB0861JU1                                                  .157387.2

Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance

committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports

if they are used for other purposes.

Current FIRs (in HTML & Adobe PDF formats) are a vailable on the NM Legislative Website (legis.state.nm.us).

Adobe PDF versions include all attachments, whereas HTML versions may not. Previously issued FIRs and

attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

F I S C A L I M P A C T R E P O R T

SPONSOR Komadina

DATE TYPED 03/08/05 HB

SHORT TITLE Wild Horse Testing, Relocation & Adoption

SB 861/aSCONC/aSJC

ANALYST Wilson

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

See Narrative

SOURCES OF INFORMATION

LFC Files

SUMMARY

Synopsis of SCONC Amendment

The Senate Judiciary Committee amendment does the following:

•

deletes language prohibiting the slaughter of wild horses;

•

changes the definition of a wild horse to mean an unclaimed horse on public land that is

not a stray;

•

clarifies that the bill refers to a wild horse captured on public land; and

•

removes the penalty section.

Synopsis of SCONC Amendment

The Senate Conservation Committee amendment to SB 861 includes state trust land controlled

by the State land Office to the list of land excluded in the definition of “public land”.

Synopsis of Original Bill

Senate Bill 861 states that a wild horse that is captured shall have its deoxyribonucleic acid

(DNA) tested to determine if it is a conquistador horse. The testing will be done at the mammal

division of the museum of southwestern biology at UNM.

If it is a conquistador horse, the wild horse shall be relocated to a state or private wild horse pre-

Senate Bill 861/aSCONC/aSJC-- Page 2

serve created and maintained for the purpose of protecting conquistador horses. If it is not a con-

quistador horse, it shall be returned to the public land, relocated to a public or private wild horse

preserve or put up for adoption by the agency on whose land the wild horse was captured.

If the staff in the mammal division determine that a wild horse herd exceeds the number of

horses that is necessary for preserving the genetic stock of the herd and for preserving and main-

taining the range, it may cause control of the wild horse population through the use of birth con-

trol and may cause excess horses to be humanely captured and relocated to other public land or

to a public or private wild horse preserve; adopted by a qualified person for private maintenance;

or euthanized; provided that this option applies only to wild horses that are determined by a vet-

erinarian to be crippled or otherwise unhealthy.

The bill makes its unlawful for a person in New Mexico to slaughter a wild horse or to possess or

sell a wild horse for slaughter. A person who violates the provisions of this bill is guilty of a

misdemeanor.

Significant Issues

A conquistador horse is a wild horse that is descended from horses of the Spanish conquista-

dores. Proponents of this bill believe it is important to safeguard the heritage of these horses that

were brought to the new world by Spanish conquistadores.

Animal welfare people note that these horses are part of our history and should not be slaugh-

tered to supply other countries with meat.

FISCAL IMPLICATIONS

It is estimated that this bill will require DNA testing for less than a dozen animals. It cannot be

determined how much the testing will cost, but it should be possible for UNM to absorb the

costs.

ADMINISTRATIVE IMPLICATIONS

There are federal and state agencies already working in these areas and UNM has the testing fa-

cilities already in place. No additional staff will be needed..

DW/njw:yr:lg

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Last modified: 04/25/08