






























SECOND AFFIDAVIT MUDDY CREEK UTAH 2019

I, Dr. Lester Friedlander DVM BA of Bradford County Pennsylvania do, hereby state that the facts above set forth are true and correct (or are true and correct to the best of my knowledge, information and belief) and that I expect to be able to prove the same at a hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
Date: 4/3/2019
¦ Signature: REDACTED
I am the president of Citizens Against Equine Slaughter (CAES) a national 501c3 non-profit based in Oregon.
In this affidavit, I re-assert everything I stated in my previous affidavit/s for this Muddy Creek HMA.
As I stated: Only the Secretary of the Interior can authorize a round up by helicopter as clearly, this is a very dangerous situation for the wild horses. However, there is no legal right to condone extreme animal cruelty, harassment and death as wild horses are not livestock.
In my previous affidavit I outlined many of the atrocities of helicopter round ups and alternatives.
BLM has two veterinary groups and the Inspector General observe from afar, helicopter round -ups in an effort to have them declared humane. (See foot notes 10,11,12 on pg 25 of BLM Response)
Now the BLM comes and states that two groups of veterinarians and the inspector General have studied and or declared that helicopter round ups are humane (without an actual study) and that they are necessary. However, this is wholly unreasonable without an actual study.
Again, there are alternatives for on range management as called for by these veterinarians as well as proof that the gather and removal off the range is not working, per these reports, the in state of Utah alone over 15,000 horses have already been gathered. This amount of gathers, handling, and feeding is astounding versus the ease that the originating horses could be simply darted on the range with nowhere near the amount of cost, time, harassment, and cruelty as recommended by the National Academy of Sciences.
These Veterinarians have also recommended that helicopter usage include wide angle cameras for study and documentation as has CAES repeatedly for years. This would also handle handicap access.
Simple lure traps around water sources would suffice for simple on the ground darting or darting from helicopter one family at a time. If people can go out to these places to manage their cattle, why cannot we go out to the horses and lure trap for darting and release? An example is shown in my previous Affidavit of the lure traps at the Soccorro BLM in NM.
The Inspector General states that the National Academy of Sciences should be followed as the best science however does not follow through. Excuses given that logistics are different than Assateague a 45,000 acre island. However, it is easier to design logistics at places that are not surrounded by water.
However, this field office, this agency, and this government are essentially blocking the best alternative as recommended by the National Academy of Sciences. Be that as it may, this Secretary of State has no legal right to act inhumanely against both the 1971 Act, the animal cruelty laws of the states and the nation .
No Veterinarian has even sat in a helicopter during any round up in these three studies.
In the BLM Response to Appellees Statement of Reasons, though the BLM makes the claim that Veterinarians have studied helicopter round ups, no Veterinarian has even sat in a helicopter during a helicopter round up. They have only sat at the capture shute areas as do other citizens. The 4 independent Veterinarians did actually go for a ride in a helicopter over a number of HMAs, but not during a round-up.
There have been no Scientific or Veterinary Study of helicopter round ups and the associated issues such as Post Capture Myopathy Syndrome or Rhabdomyolysis. (See Attachments 1, 2)
Short List of Issues
Here is a short list of the issues with the two Veterinary Studies of APHA and AAEP of 2010 foot notes 10 and 12 respectively. Both show some serious effects of helicopter round ups as well which illustrate that these are inhumane and do not include the first 5 to 6 miles of wild horses falling out prior to the gather shuts.
The fact that they did these two Veterinary Studies lets us know that they themselves know that there should be a study and that treating wild horses in this manner is indeed extreme animal cruelty on all levels and these studies are little more than a cover up albeit with a few decent recommendations, though the BLM did not implement them.
The BLM has not implemented the AAEP recommendations underlined below as well as those of the APHA or the Inspector General.
Here are the recommendations of 10 AAEP Veterinarians. Page
American Association of Equine Practitoners
Bureau of Land Management (BLM)
Wild Horse and Burro Program
BLM Task Force Report
August 2011
HORSES ON THE RANGE
The BLM should utilize the best science available to obtain accurate herd management area census information in order to determine the healthy sustainable equid numbers for each area.
The BLM should prioritize research and application of effective methods to reduce the foaling rate in wild herds.
WILD HORSE GATHERS
The contract helicopter pilots should always maintain a safe distance between the helicopter and any horses that are being gathered, and between the helicopter and the ground.
The capture pens should be constructed so that pen configurations include wider sections
instead of narrow lanes for temporary holding of animals that have just been captured. This
configuration gives passive animals a circular escape from aggressive animals.
The trap should be constructed with solid side panels in the final capture pen to prevent
horses from getting their heads or legs outside of the pen and to discourage horses from
attempting to climb out of the enclosure
The use of existing barb wire fence as a stage for a jute wing should be discouraged. If barb wire fence must be used, any areas where the horses will be actively driven should be covered with jute to prevent injury.
RECORDS
The task force encourages current efforts to produce a centralized database to track the history of all horses in the BLM program. The records should include positive or negative trends in adoption programs and socially productive programs like those in place at certain prisons.
Again, The BLM has not implemented any of the above underlined recommendations. To wit, no census at Muddy Creek, only estimates from previous estimates, and the Muddy Creek Field office rounded up 153 wild horses and released 2 with birth control. This is an insult to science and to the wild horses and the American public.
In this Muddy Creek census analysis there was no census. According to the BLM Response here is how the number of horses was estimated:
Page 3,4 of the BLM Response excerpt:
As of March 1, 2018, the BLM-estimated population of wild horses within the Muddy
Creek HMA was 195, and BLM projected that the population would reach 224 horses by the end of the summer of 2018. EA at 000166, Table l. BLM based its population projection on
adding a 15% foal increase for 2017 and 2018 to the April 2017 population survey estimate.
Id.,
see also EA Appendix C. These wild horse population projections and BLM monitoring data
reflecting deteriorating range conditions led BLM to determine that excess horses existed within the Muddy Creek HMA and that excess horses needed to be removed in order to restore a thriving natural ecological balance, maintain multiple-use relationships, and prevent further degradation of rangeland resources resulting from the overpopulation of wild horses.
(However Note) This monitoring data is on file within the BLM Price Field Office. It is not in the hands of the public.
Likely Exertional Rhabdomyolysis (White Muscle Disease not communicable
The AAEP Report also gave evidence that this helicopter gather process was unnatural and fatal to wild horses. See Excerpt below on pg. 25. This showed evidence of Capture Myopathy but no recommendation was made to study the humanity of the helicopter round up exertion or to condemn this process in favor of humane and feasible alternative of dartable contraception (PZP) rather than Gona Con which is hormonal and is not dartable.
Condition of the horses after the gather: The condition of the horses immediately after capture was judged to be good, with the exception of the one horse that collapsed and died right before entering the trap. There was no sign of exhaustion or medical compromise in the other horses that were observed being gathered. The gathered horses had elevated respiratory rates as expected for any exercised horse, and some had mild to moderate body coat sweat which was dependent on the weather and distance traveled.?
APHA Main Recommendations – Group of 4 Independent Veterinarian
(From Foot note 10 on pg 25 of BLM Response) Excerpts below with emphasis added.
Independent Designated Observer Pilot Program
FINAL REPORT
October 2010 Overview One of the American Horse Protection Associations missions is the protection and preservation of Americas wild horses and burros on US public rangelands. The Bureau of Land Managements has the authority and responsibility to ensure, to its best ability, the welfare of wild horses and burros during the gather, holding, and transporting process when horses are removed from public rangeland.
Consider installing camera monitors in the chutes/corrals at short term holding facilities or trap sites for the public to observe gathering, loading, unloading and preparation of animals. The public could watch at the short term holding facilities and not be additionally stressful to the animals.
Consider mounting a wide-angle lens camera on the helicopter during gather to record movement and behavior of the horses to study the effects of the helicopter on the horses.
In line with BLMs ongoing development of its animal welfare program, in June 2010, AHPA offered to initiate a Pilot Independent Designated Observer Program Pilot Program that involved the observation and reporting on the care and handling of wild horses and burros during the gather process at three major summer gathers: Owyhee HMA (NV); Stinking Waters HMA (OR); and Twin Peaks HMA (CA). It is important to note that the Pilot Program was not intended to replace public observation days. Additionally, the Pilot Program was specific to the care and handling of the animals only. BLM policy regarding removals was not within the scope of the Pilot Program.
Horses travelled an average of 5-7 miles to trap site, and a Judas (or Prada) horse was utilized. Most horses entered the trap at a trot, some at a canter.
At the Stinking Water gather, a 23 year old stallion jumped out of the pen and escaped the trap site. About ½ mile from trap, he was subsequently roped and his legs were tied while in a recumbent position, and eventually was transported in a two compartment stock horse trailer back to the Burns Corrals.
At the Owyhee gather, horses were observed to be tucked up suggesting decreased water intake. Some foals had mud on their faces, suggesting they had been trying to suck water because their dams were not producing sufficient milk, and willingly drank water from a bucket which is uncommon and implies tremendous thirst.
Hoof condition was generally good with no significant defects. One foal at the Stinking Water gather had noticeable chipping in one hoof but was not lame.
Coat/hide condition was generally good and clean, and indicative of the summer season.
Lameness: One mare at the Bull Flats temporary holding facility (Twin Peaks gather) was grade 3 lame at the trot, with no visible lesions. At the Litchfield short term holding facility two foals were observed to be stiff and foot sore but mobile. One stallion at the Owyhee gather came in lame with an old knee injury.
Injuries: One mare with pre-existing injury to hind leg at the Twin Peaks gather; superficial scrapes/kick wounds and one ~4 inch laceration which was sutured by the APHIS veterinarian in the squeeze chute at the Stinking Water gather; cuts and scrapes were noted at the Owyhee gather and were most often treated with a furazone type product. Illness: A few horses exhibited colicky signs at the Owyhee gather; one mare was observed to have symptoms of rhabdomyolysis at the Stinking Water gather.
Recommendations Based on the observations of the 4 independent designated observers, the following recommendations are offered for consideration:
If at all possible, horses should not be roped or tied down in a recumbent position for prolonged periods of time, especially coinciding with exhaustive or over-heated conditions. Strict criteria should be established to determine the initiation and purpose of this practice. If necessary to implement these procedures, these horses should be identified, marked, and/or confined separately from the others in the gather and observed for any injuries or metabolic conditions for the next 48 hours. This could be achieved by moving these animals to designated, smaller holding corrals.
Excessively aggressive horses (studs or mares) should be isolated as soon as possible or grouped with horses they were with before capture (i.e., a harem stallion with his foals or dry mares) rather than stand waiting in the chutes or alleyways.
Horses held in any enclosure over 4 hours after the gather at the trap site should be provided with access to hay and water in at least 100 gallon containers unless the horses are seriously dehydrated or compromised and, in the opinion of a veterinarian, should have restricted access to reduce the risk of water intoxication. Lidocaine spray (or other topical anesthetic) should be utilized by attending veterinarians in order to facilitate suturing of wounds in horses in the squeeze chute. Transport (unloading and loading) of animals should be kept to a minimum.
Inspector General US Dept. of Interior 2011
(Foot note 11 pg. 25 BLM Response)
Like the other Veterinary Reports above, the inspector general report did not scientifically prove any of the statements regarding helicopter round ups as humane as no tests of helicopter round ups in progress were performed, only observation from the ground at the end of a 5 to 7 mile long stampede.
Recommendations
To address the issues outlined in this inspection, we recommend that BLM:
Continue moving forward with the Secretarys initiative and BLMs program
improvements to the extent that:
1. There is urgent and aggressive focus on research and testing of improved
population control methods to balance wild horse and burro population
growth with adoption demand, thereby minimizing the need for additional
long-term holding facilities and preserves.
2. There is an ambitious effort to minimize and reduce over the long term the
need for short- and long-term storage facilities.
3. The best science for wild horse and burro management and needed new
research is coordinated with and confirmed by the National Academy of
Sciences and the results put into practice.
ATTACHMENT I. Capture Myopathy intro.

https://www.pgc.pa.gov/Wildlife/Wildlife-RelatedDiseases/Pages/CaptureMyopathy.aspx
Other Names: Exertional myopathy, overstraining disease, exertional rhabdomyolusis
Capture myopathy (CM) is a non-infectious disease of wild and domestic animals in which muscle damage results from extreme exertion, struggle, or stress. CM often occurs as a result of chemical immobilization, capture, or transport, but it is not always associated with capture and can be the result of other causes of stress.
Capture myopathy is an important cause of death in wild animals that are handled by humans, and people working with wildlife must take great care to prevent it.
CM can occur naturally when prey animals are attempting to avoid predation, but it is usually caused by humans. This is because animals are adapted to escape from predators, but are not adapted to struggle for long periods of time in man-made restraints. Capture myopathy occurs when animals overexert themselves (struggling in a trap for example) so much that physiological imbalances develop and result in severe muscle damage. Hotter temperatures and repeated chemical immobilization increase the risk of animals suffering from CM.
Clinical signs vary depending on the species and the cause of exertion; the method of capture and restraint plays a major role in the occurrence of CM. Capture myopathy may result in sudden death, or clinical signs may develop hours, days, or up to two months following capture. Early clinical signs include elevated respiratory rate, heart rate, and body temperature. Body temperature increases during exertion and higher temperatures are often associated with death due to CM. Other clinical signs include depression, lack of response to stimuli, loss of coordination, weakness, muscle stiffness, tremors, muscle paralysis, recumbency, shock, and at times death.
Light-colored skeletal and sometimes cardiac muscle observed at necropsy is indicative of capture myopathy. Similar gross lesions may be found in animals with certain nutritional deficiencies, and specialized tests may be necessary to reach a diagnosis. Gross changes in muscle appearance may not be observable in animals that died acutely of CM.
Treatment of wildlife suffering from CM is rarely successful, and animals often die from this condition.
Everyone who captures and restrains wildlife should be aware of the risks of capture myopathy and should make every effort to prevent its occurrence. Wild animals should only be captured when necessary, and the negative affects that capture may have on an animal’s health should always be considered before beginning a management or scientific project. People should utilize capture methods that minimize animal stress, struggling, and handling time. For example, sound should be kept to a minimum, a blindfold should be placed over the animal’s eyes, and workers should be efficient so that the animal may be released as soon as possible. Appropriate methods may vary for each species, so research should be conducted in order to select the ideal capture method.
ATTACHMENT 2 Exertional Rhabdomyolysis Wild horses are flight animals and very susceptible to this disease which can go un noticed for days and be fatal.











ATTACHMENT: An hour hearing cannot provide the experimentation and review necessary. Use of motorized vehicles that allows families to stay together reduces stress on the individuals and family. This hearing was not greatly advertised and I can see no follow-up.
Moreover, 4800 animals as quoted below id likely only 2,400 animals to dart. This is the creation of 5 good jobs for darting etc. rather than the helicopters, harassment, and death, and including the bird lady.
VERNAL, Utah“ The Bureau of Land Management (BLM) will host its annual statewide public hearing at the BLM Vernal Field Office to discuss the use of helicopters and motorized vehicles in the management of wild horses and burros on Utah public lands.
The hearing will take place:
Tuesday, Dec. 11, 2018, 7 p.m.
BLM Vernal Field Office
170 S 500 E
Vernal, Utah 84078
Helicopter and motorized vehicle usage is a critical tool for managing wild horses and burros on public lands, said Gus Warr, BLM Utah Wild Horse and Burro State Lead. These management tools allow us to conduct aerial population surveys, monitor animal distribution, conduct safe and effective gathers, and transport captured animals in a humane and efficient manner.
Utahs current statewide wild horse and burro population numbers currently exceed 4,800 animals, which is more than 200 percent of the approved appropriate management level of 2,000. Having an overabundance of wild horses and burros above BLM management levels may cause resource damage resulting in limited forage and water availability, which reduces the number of animals that the land can support.
To date, the BLM has removed more than 15,600 wild horses and burros from Utahs rangelands since legislated removals began in 1976. Over 8,100 of those animals have been adopted or sold locally; the remainder were shipped outside of Utah for adoption or holding in off-range pastures. Utahs 2019 satellite adoptions start in March and continue monthly throughout the state. Adoption locations are tentatively set for Farmington, Salt Lake City, Heber City, and Delta, Utah. Animals are available for adoption on a weekly basis at the Delta Wild Horse and Burro Facility.
For additional information about the upcoming statewide public hearing, or future wild horse and burro adoptions, visit www.blm.gov or contact the Utah Wild Horse and Burro Hotline at (801) 539-4050 or Gus Warr at the BLM Utah State Office at (801) 539-4057.
Sincerely, Signature REDACTED
4/3/2019
FIRST AFFIDAVIT – MUDDY CREEK UTAH – ROUND UP 2018


The WHOA National Plan –
https://whoanm.org/wordpress/?p=422
Petition for WHOA National Plan http://chng.it/M7LTBhTzgk
WHOA’s president Patience O’Dowd is also the founding Board member of Citizens Against Equine Slaughter.
AFFIDAVIT
I am the president of Citizens Against Equine Slaughter (CAES) a national 501c3 non-profit based in Oregon.
I Dr. Lester Friedlander DVM BA of Bradford County Pennsylvania do swear under penalty of perjury that the following statements are true to the best of my knowledge:
The purpose of CAES is as follows:
MISSION STATEMENT
Stop the practice of equine slaughter and protect equines from cruel and harmful practices; Monitor the governments land use and resource management activities, as well as the impacts of agency decisions on equines;
Inform and educate the public about the decisions and activities of government agencies affecting equines; Work with the government, the public, and all interested parties to promote sound policies and laws that protect equines.
This is prominently displayed at our website at citizensagainstequineslaughter.org
Without a contraceptive biologic such as the imuno-contraceptive native PZP, wild mares can be pregnant year-round. They are polyestrous and usually become pregnant between Spring and Fall. However, they can become pregnant late into fall and winter and they carry their foals for eleven months. Hence, they can easily be in any stage of pregnancy at any time of year.
Prior to a Helicopter round up:
These points are simple fact. There is no significant, or across the board categorization and sorting of wild horses prior to a helicopter round up. Wild Mares can and do give birth year-round.
Given the above first 7 points alone, Helicopter roundups are by definition, and in practice, inhumane, harassing and extreme animal cruelty as they generally utilize stampede under terror of wild horses and their families over rough terrain for miles. They can and do cause deaths during and after round ups. Many of these deaths are not documented or discovered, and many are.
There are no cameras, no transparency, and no post roundup discovery over or near the route taken to look for injured or dead horses or their young and aborted.
Only the Secretary of the Interior can authorize a round up by helicopter as clearly, this is a very dangerous situation for the wild horses. However, there is no legal right to condone extreme animal cruelty, harassment and death as wild horses are not livestock and Congress has not allowed treatment as livestock or even less.
Given the availability of feasible and scientifically recommended alternatives per the NAS Report (contraception) which can be utilized proactively, there is little excuse for the unfeasible and highly probable unbridled harassment and death against the intent of the 1971 Act and the will of the people.
There is a preponderance of evidence of use of motorized vehicles and closed gates, water removals, spikes, cover-ups etc. which tend to show that the remaining wild horses at the Price HMA at Muddy Creek are in imminent danger of death by imposed lack of water and by irresponsible and illegal management actions, as shown in our memberships affidavits.
Wild horses are flight animals but that means only that they spook easily, it means in fact that they are not comfortable with aircraft swooping down on them and terrorizing them for long periods over long distances over various terrains at speed essentially on a crowded and dangerous unimproved highway situation with young and old etc.
I myself have taken the class on darting wild horses (and other mammals) with native Porcine Zona Pelucida (PZP) (now registered as Zona Stat H, by the EPA), at the Science and Conservation Center in Billings Montana from the late Dr. Jay Kirkpatrick himself.
Wild horses are easily herded or lure trapped for darting one family at a time
and they can be darted without trapping up to 50 meters away. The usual excuse given for not utilizing native PZP is basically, how can we cover all the remote areas?
Importantly, wildlife is very often darted from helicopter for a variety of reasons. This is often done by a veterinarian or a biologist etc. This is done throughout the United States as well as across the continent of Africa for decades.
I have also been a trainer of Veterinarians at the USDA and am familiar with slaughtering issues. I am profoundly against horse slaughter for humane reasons as horse slaughter also cannot be accomplished humanely. I mention this because it is also illegal to slaughter a pregnant mare even in Mexico, hence, pregnant mares are rejected at the border for slaughter for human consumption.
Therefore, wild horses often pregnant are therefore not suitable or legal in either wild horse slaughter or for a helicopter round up. Both are extreme animal cruelty.
A helicopter can be more humanely and feasibly used for darting of immunocontraception which is brief, feasible, and the helicopter does not swoop down on the horses as seen here in Attachment I at Muddy Creek and all other helicopter roundups.
There are big differences between darting wild horses from a helicopter with contraception and then leaving them on the range to live out their lives, versus a helicopter stampede round-up and managing the HMAs as breeding grounds akin to Puppy Mills while torturing them and complaining about their birth rate, ignoring the will of the people, the law, and wasting the taxpayers money.
COMPARISON
Darting from Helicopter vs Helicopter round up.
DARTING-
1. A mare will only be chased for seconds to minutes.
2. A family can stay together and be darted together for the most part.
3. The family does not have to leave their home and can live out their life in the wild on the range, and feasibly.
4. The helicopter does not need to swoop down to within 20 ft or less to harass and turn the horses, it can just follow them from above at their same speed and can dart from 50 meters away.
5. This distance will be less harassing, less traumatic and will not be causing/throwing the thick dust plumes full of debris at the wild horses as happened at the recent muddy creek round up. Video available by Laurie McKline. See screen shots attached.
6. It is highly unlikely that wild horses will develop a cough with this brief Protocol of darting by helicopter and he/she will subsequently remain on the range. Given GPS and cameras, darts can also be retrieved.
While it would seem that the coughing at the holding facility nine days after roundup might be due to the round itself, it is more likely that the coughing is due the wild horses being penned in a contaminated facility where bacteria and virus likely abound due to a constant flow of horses both owned and wild. Wild horses can and do suffer.
7. Darting will not cause a loss of genetics as wild horses can live out their lives on the range as intended, and no genetics will be removed. They will just take some years off from reproduction here and there as planned/needed.
I have been a race track vet and understand the injuries of stampede running of two-year old and older horses. Out on the range, there is no transparency currently with no cameras on the helicopter until they come into view at the very end of the miles long run. There is admittedly no documentation of all the injuries or horses and foals which did not make it the miles to the gather-site. There is no documentation of the foals born on the run and no one to welcome them into the world, remove their placenta, and provide critically needed sustenance, colostrum as well as protection and familial companionship. Of the pregnant mares who foal in the few days after the round up, their foals are likely to be born dead or die shortly after birth due to the extreme stress put on their mothers in this terrifying stampede.
Wild horses live in a harem structure or in bachelor bands. They are a herd animal and live in family bands with a very hierarchical structure. These wild horses know their families and depend on them for survival, companionship, grooming, etc. The stallions spend 24×7 working to keep other stallions and danger away from his harem.
This is what the Stallion lives for. A Stallion usually follows behind his family band and ensures that the very young keep up with the herd and don’t get separated. The young learn from him as they do from the hierarchy of mares and the lead mare.
Much of this is documented in the USGS Ethology of Feral Horses: Quantifying Equid Behavior A Research Ethogram for Free-Roaming Feral Horses by the USGS and Department of Interior. See attachment 1.
In reviewing the video/screenshots of the Muddy Creek gather recently, it is clear that these horses may have long term health issues now due to the dust and the miles traveled in the dryness and temperatures in the nineties during the round up. One horse that will definitely not recover from this round up was shot.
Per the BLM’s own report, a stallion kicked a young horse and it had to be put down. Under the stress of the stampede roundup this is no surprise.
Horses don’t usually run this far 5 miles plus switch backing, under such stress. This is completely unnatural and cruel.
See Attachment 2 Pictures with statements:
While wild horses can also be easily lured trapped peacefully as is done routinely at the Socorro Herd in New Mexico see BLM’s youtube video and even in the remote and treeless areas of Nevada and Utah etc.
“helicopter darting would still be better than removals in terms of humaneness, , because the harassment is a matter of seconds to minutes, not like the misery of removals.
Helicopter darting would and does suffice in the remote and essentially treeless areas being used as an excuse for the BLM to continue treating the BLM HMAs like a Puppy Mill and then brutally ripping them from their homes, families, in an extremely cruel and unnatural procedure, the helicopter round up, pregnant, old, sick, injured, and young.
Unfortunately, a wild horse once rounded up is at tremendous risk and likelihood of injury and death by slaughter, even while in the care of the BLM itself. Much less, once it is sold or adopted out. Once the property of an individual or corporation it becomes legally livestock and though not raised as a food animal on a farm or ranch, it may be subjected to slaughter for human consumption over the US borders. A true food safety issue due to horse dumping of slaughter rejects and other
Under Kleppe, a wild horse belongs to the people of the state where ever it walks and it is protected. However, in some states and many counties, it is illegal to harass a wild horse being considered an animal, wildlife, or feral and having animal cruelty laws which make it illegal to harass a wild horse even before it is rounded up as well as after. The US is a patchwork of animal cruelty laws which apply to the federally wild horses.
This patchwork of differing protections making it arbitrary and capricious to allow wild horses anywhere to be treated with the extreme animal cruelty of a helicopter round up, hence, the wild horses are protected from helicopter roundups.
ATTACHMENT I
https://pubs.usgs.gov/tm/02a09/pdf/TM2A9.pdf
This is akin to 9/11 The helicopter goes too close and runs our natural resource the wild horse too hard and too long in adverse conditions. This is unnatural and abusive. Thee wild horses belong to the people. The helicopter goes to close to our property per FAA and too close to the man holding the Judas horse. In other round ups foals have come in with their hooves dangerously worn.
Screenshots from this recent Muddy Creek HMA Round up from video by Laurie McKline



Last one not in order
Some redundant screen shots not included
Attachment II
Helicopter gather statistics and lack of
reporting was reported in the GAO Report to the Chairman, Committee on Natural
Resources, House of Representatives – BUREAU OF LAND
MANAGEMENT – Effective Long-Term Options Needed to Manage Unadoptable Wild
Horses
https://www.gao.gov/new.items/d0977.pdf

Attachment III
National Academy of Science’s recommendation in:
Using Science to Improve the BLM Wild Horse and Burro Program: at Using Science to Improve the BLM Wild Horse and Burro Program: A Way Forward
Attachment IV
WITHOUT HELICOPTERS ITS A BEAUTIFUL WONDER

Abortion by Helicopter vs Normal Birth
Muddy Creek Herd by Laurie McKline
WITH HELICOPTERS, IT IS UNADULTERATED Cruelty

Sincerely, SIGNATURE REDACTED
9/25/2018
WILD LANDS TO FEED LOTS – Conversion of public wild lands to low grade agricultural lands for non-native domesticated livestock using invasive or non-native species (including cheat grass and crested wheat grass). Brought in and allowed by Congress. Manipulated Extinction Equals Theft.
Per USDA Forest Service nearly half of all species federally listed as threatened or endangered are thought to be at risk primarily due to the effects of invasive species.

AGAINST THE LAW “ Destruction of our WILD Thing, native animals and their habitat, in order to effectively turn our public lands over to Private AGRIBIZ.
Our Wild Natural Resources including: our native wild horses, their native predators, and the native flora (plants) that sustain their eco-system are being illegally managed to extinction, from both the bottom up, and from the top down.
From the bottom up our federal agencies, allowed by Congress, in cooperation with the states, have been allowing and using specific succession of seasonally inedible, non-native and highly flammable grasses causing mass extinctions of native plants and animals they support, followed by the introduction of crested wheat grass another flammable but edible grass, thereby conforming our wild lands into low grade flammable farmlands for Agribiz with little to no competition from the other remaining plants or species. In addition certain lands are being set on fire intentionally just as is the Amazon for the same purpose, Big US Agribiz.
From the top down native predators of the our native horse are being brutally managed to extinction by USDA wildlife services (trapping and poisoning) in cooperation with the states, while the horse is left without its natural manager and other humane contraceptive management is also with held (all illegally), and is forever being portrayed as unmanageable and put into non-transparent private hands, hence, into the slaughter pipeline under the guise of a trusted name, in this case, the ASPCA.
Thus effectively, our public wild lands are undergoing both a top down trophic cascade and a bottoms up trophic cascade, literally a ecological crisis, both allowed and caused.
Why? In order to enable an accidental LOOK GOOD, yet illegal theft of our Public Lands and Wildlife by/for Big AGRIBIZ.
Congress and the Executive Branch through time are working to further weaken the environmental laws that protect both the native plants and native wild life, as well as to silence public input. Now they conspire against our native wild horses behind a trusted name (ASPCA) for wild horse removal and thereby are working to effectively end the wild horse’s legal claim to these lands. As, once gone, the government refuses to bring them back.
To be sure, currently the LOOK GOOD bill to stop transfer of federal public lands to the states or to private hands, provide little to no protection against this covert ecological war against public lands and wildlife even if it did pass. It’s like a charming thug stopping his partner from “accidentally” knocking your purse right out of your hands, grabbing it for you saying “Don’t worry little Miss, I’m not a purse thief” while with a slight of his hand, empties out your purse and picks your pockets at the same time (without you realizing either, so he thinks) and hands your purse right back to you with a BIG smile, expecting a big thank you. Again, both conspiracy and theft, are illegal.
WHOA, an environmental group, does provide an Win Win innovative National Plan in the alternative: https://whoanm.org/wordpress/?p=422
However, the theft/wipe out of our wild species of animals and plants is already happening without selling our public lands, they are Agribiz lands being farmed already, with non-native grasses, for non-native cattle.
https://www.denverpost.com/2019/07/30/bureau-land-management-william-perry-pendley/
The ASPCA et. al. plan provides a trusted name for Congress to illegally conspire behind in order to remove our native wild horses from their rightful native public lands with political impunity, thereby leaving the wild horses vulnerable to the slaughter pipeline in non-transparent private hands, as well as effectively removing “protectors” of these public lands. Further making the lands more vulnerable to exploitation and sale.
Protectors of these public lands being: the horses themselves, the laws that the horses bring with them and the advocates they attract ( approx. 80% of Americans).
Contrary to the past “trusted name of the American Society for the Prevention of Cruelty to Animals (ASPCA), the ASPCA et al. plan is cruel. It is also scientifically and mathematically unsupported, and will cause increased birth rate and tens of thousands of wild horses to fill the AGRIBIZ slaughter pipeline. This is in no way innovative. It is the exact same illegal, inhumane, mismanagement as usual, just on a larger scale.
See/Share WHOA National Plan https://whoanm.org/wordpress/?p=422
Sign/Share this updated or original WHOA petition http://chng.it/M7LTBhTzgk
The intentional destruction of the native/horse habitat (in less than 10 yrs.) with thick carpeting blankets of non-native plants, which are inedible (by all but goats) due to their seeds all summer and very flammable during fire season.
Cheat Grass, Lepidium, Medusahead etc. are being allowed to tacitly destroy PUBLIC WILD LANDS habitats and entire eco-systems causing massive extinctions in the U.S. This however is not climate change.
The ASPCA Plan is a ten-year meat market plan which includes no resolution of invasive species, hence, by the end of the 10 years, the excuse will be, no carrying capacity for our native wild horses.
Once the wild horses are gone, the plan is apparently to install the next non-native grass, which is edible crested wheat grass, and then increase the number of cattle, but not bring the wild horses back.
U.S. no. 1 on massive extinctions due to invasive species.
https://www.abc.net.au/news/2018-07-20/australia-fourth-on-animal-extinction-list/10002380
https://www.researchgate.net/profile/Robert_Washington-Allen/publication/273135446/figure/fig44/AS:649307615133698@1531818407683/Approximate-distribution-of-cheatgrass-Bromus-tectorum-across-the-coterminous-United.png
Its an annual invasive grass that is native to Europe and eastern Asia, not North America. It was brought over by European settlers in the mid to late 1800s.
It probably wouldn’t have outcompeted native vegetation if early settlers hadn’t also introduced large numbers of livestock like cattle and sheep into sagebrush country. Our palatable native grasses and forbs weren’t adapted to those high levels of uncontrolled overgrazing by domestic livestock, which created a void that cheatgrass quickly filled. “
“. . . As for wildlife, the biggest threat from cheatgrass is the loss of habitat due to increased wildfires and the conversion of diverse native plant communities to monocultures of an annual grass.”
www.sagegrouseinitiative.com/why-is-cheatgrass-bad
WHOA regrets to say that it sees the governmental plans of re-seeding with flammable non-native plants extinction of our native plants and animals, followed by increased cattle grazing as an opportunistic and a non-beneficial taking of our wild lands by “farming” for non-native livestock on our public wild lands. Advocates need to oppose this intentional wipe out of habitat of our North American wild lands and eco-systems.
The government not only allows but it causes cheat grass to over run everything, to become a thick and flammable mono-culture which is inedible to all but goats when it has seeds (all summer). Cheat grass crowds out native flora and fauna, and also causes the burn out of native grasses due to much increased wildfires in both frequency and area. The government feigns cost issues as it's excuse of allowing this, then re-seeds with yet another non-native flammable invasive called crested wheat grass which can compete with cheat grass. Crested wheat grass is edible in summer, but is still flammable and able to crowd out native plants. The government then plans to increase livestock grazing, ostensibly in order to combat the crested wheat grass and cheat grass they planted!https://magicvalley.com/business/agriculture/blm-proposes-grazing-increase-in-new-land-decisions/article_446e5022-c5ea-55b7-b937-5edd1f774a16.html
“Western Watersheds Project Idaho Director Scott Lake said that increased grazing helps cheatgrass flourish. Cheatgrass, a non-native and invasive species, is especially flammable and is a major reason that fires in the West have become more severe.
“. . . an ecological disaster, the crested wheatgrass, Fite said. The fire problem has gotten worse with all the crested wheatgrass.
“Crested wheatgrass . . . It is also more useful as a source of forage for livestock.”
“The BLM isn’t dedicating enough effort to bringing back native species in the Devil Creek subregion, Fite said. Essentially, the BLM is valuing ranching interests at the expense of native plants and animals, she said.”
“Critics say the decisions cave in to ranchers requests and make it unlikely sage grouse will return. They argue that increased grazing is an ineffective strategy for reducing wildfires.
Utilize WHOA National Plan to engage our public lands ranchers and make it worthwhile for them, by removing the conflict of interest for them, and first of all, stop re-seeding with non-native plants. Also, do not increase non-native cattle grazing in the fall. Rather, look at a combination of:
"http://integratedrangelandfiremanagementstrategy.org/wp-content/uploads/2016/10/2015-10-29_FWS_TechMemo_PathogensWorkshop.pdf page 1.1
We can still hope that there may be some who are courageous. See WHOA National Plan https://whoanm.org/wordpress/?p=422
7 U.S. Code 7701.Findings – Congress finds that— the detection, control, eradication, suppression, prevention, or retardation of the spread of plant pests or noxious weeds is necessary for the protection of the agriculture, environment, and economy of the United States; . . .
“The plain intent of Congress in enacting this statute was to halt and reverse the trend toward species extinction, whatever the cost. This is reflected not only in the stated policies of the Act, but in literally every section of the statute.”
https://law.resource.org/pub/us/case/reporter/US/437/437.US.153.76-1701.html
https://www.doi.gov/sites/doi.gov/files/uploads/2016-2018-nisc-management-plan.pdf
“All federal agencies are prohibited from authorizing, funding or carrying out actions that “destroy or adversely modify” critical habitats.”
Americans have been SOLD the following set of divisive, incorrect propaganda with intent, with no basis in science, or in fact. This has effectively kept wild predator advocates away from unison with wild horse advocates by giving their animal a “higher status”, native for one, and feral for the other, and they fell for it, unfortunately, but . . . This has significantly contributed to lack of proper management of both our native wild horses and their native predators, both of which are being literally managed to extinction illegally.
DIVISIVE PROPAGANDA:
Letters a through h below are nonsensical. However, WHOA will provide the details on this as we have both at NM legislature and in NM courts, however in a future post in order to save time here.
a) The iconic returned native Mega Fauna, the horse, is domesticated. Really?
b) If domesticated the horse is not native. Evolving here for 55 million years and gone for only 8000 years. Really?
c) Domestication is a genetic process. Domestication is not taming, it is not habituation, it is not simply breeding in captivity.
d) If not native, the horse has no native predators. Really?
e) If the horse has no native predators, or they are managed to extinction wild horses cannot be managed feasibly. Really?
f) The horses are too remote to be managed feasibly by contraception. Really? See WHOA National Plan.
g) Since horses are supposedly “non-native” and are domestic they cannot be defended by “real” environmental groups, only by “emotional types”. Good to know! “Old Misogynistic Rule?”
h) Since horses are “domestic”, they can be humanely slaughtered for human consumption. Really? Well, only behind a “trusted” name in order to put everyone’s mind falsely at ease as well as provide an excuse for those in power.
https://www.livescience.com/9589-surprising-history-america-wild-horses.html
https://awionline.org/content/wild-horses-native-north-american-wildlife
Will they stand up and block the ASPCA meat market Plan in private hands? Or, will they only feign to block it? (Time will tell). Or, will we be insulted when/if they pretend it is a good plan and then conspire behind it while telling advocates it’s somehow their fault for lack of unity?
Congress has sent approximately 410 horses each and everyday, every year, over our borders to slaughter for 12 years! That’s 1.8 Million horses slaughtered, against the will of 80% of the people in our “Representational Democracy”.
The states ended horse slaughter and the feds send them over our borders and this is under both political parties. This is especially egregious when the border states could simply pass the Illinois law to disallow horse slaughter traffic through their states. Though on a silver platter, New Mexico has refused to do this so-far. We now have a previous SAFE ACT Co-Signer as Governor. . . No movement yet . . .
Lets expect our Congresspersons to have the courage of their, or our, convictions. Let’s ask them to make some deals! Call in some favors, make it happen NOW!
Or, ask your legislator/co-signer to BE A WHISTLE BLOWER on Congress! It will only take ONE Courageous whistle blower to turn this around. Out of all the co-signers, there must be at least 5 stand-up Legislators. Legislators, feel free to send info. to whoanm.org web page or to wildhorsesnm@yahoo.com or to message our facebook page Wild Horse Observers Association – WHOA. This can even be done anonymously.
Under President Obama
https://www.biologicaldiversity.org/news/press_releases/2016/endangered-species-02-05-2016.html
Under President Trump
https://earthjustice.org/news/press/2019/lawsuit-challenges-trump-administration-attack-on-endangered-species-act
https://www.regulations.gov/document?D=CEQ-2018-0001-0001
for oil and gas however ruminant digestion alone is the largest source of Methane per the EPA and even greater with the addition of the associated manure. (Methane is 84 times more heat trapping than CO2 in its first 20 years.)
https://www.epa.gov/newsreleases/what-they-are-saying-about-epas-new-methane-proposal
https://www.epa.gov/ghgemissions/overview-greenhouse-gases#methane
Re-wilding, sounds good! It’s a nice word, like ASPCA! However, sounds good, but is it?
Another smaller scale plan in the works in Congress. Under this plan a few wild horses will be taken out of public hands and into non-trans-parent/private hands under the Congressional guise of re-wilding. These wild horses will be at risk of the non-transparent pipeline to horse slaughter as meat in the AGRIBIZ meat market.
Rewilding.”"The Committee recognizes the value of horse rewilding as one of many herd management strategies and encourages the Bureau to explore collaborations with suitable organizations and willing landowners to adopt, transport and locate horses to appropriate habitats at no cost to taxpayers. Meaning, no transparency."
https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/FY2020%20Interior%20Report%20Draft.pdf (See page 15)
BLM Burns 21 square miles in Idaho to get rid of native Juniper trees.
https://idahonews.com/news/local/blm-burning-21-square-miles-of-rangeland-in-southwest-idaho?fbclid=IwAR3NSyRj4wtJmCyOR9Efu4dhKWfUGRHD9FwKk4Jyylmk2qqQiLeljbTv2aY
The planned and intentional ecological devastation in the U.S. by highly flammable cheat grass etc. has the same cause as the planned ecological devastation by fire that is happening in the Amazon which is also largely due to U.S. Livestock/AGRIBIZ. Remember 90 to 98% of Soybeans grown are used for food for livestock.
We in the U.S. and elsewhere are growing food for livestock not people. At the same-time we are wasting as well as polluting our fresh water resources on food for livestock, and oil from agriculture for fuel, not food for people.
These short-sighted corporate actions are also actions against indigenous peoples as well as against all peoples, wildlife and climate.
https://theintercept.com/2019/08/27/amazon-rainforest-fire-blackstone/
https://www.canr.msu.edu/news/where_do_all_these_soybeans_go
http://www.fides.org/en/news/29386AMERICA_BRAZIL_Violence_against_the_indigenous_people_of_Brazil_is_increasing_new_complaint_by_IMIC#.Vd96YLxViko
https://hwaairfan.wordpress.com/2015/08/30/brazil-corporations-continue-to-seize-indigenous-lands-and-hire-hit-men-to-murder-residents/
Queensland extinguishes native title over Indigenous land to make way for Adani coalmine
https://www.theguardian.com/business/2019/aug/31/queensland-extinguishes-native-title-over-indigenous-land-to-make-way-for-adani-coalmine
https://www.cnn.com/2019/06/13/business/adani-mine-australia-approval/index.html
Only the WHOA petition includes comprehensive alternatives that:
DONATE: If you do not like illegal actions outlined herein click below:
Donations
2.Sign and share the excellent Animal Wellness Action Letter and customize your letter here as they request with information you have learned in this petition update: https://secure.everyaction.com/JZCZS5hJxEqxsnMYe_69_g2
Josh Osher Montana Director Public Policy Director Western Watersheds Project 406-830-3099 P.O. Box 1135 Hamilton, MT 59840
This book was first entitled: WHERE THE WILD HORSES ARE according to Wikipedia. We don’t know about that, however we highly recommend this book and it’s respect for our need for Wild Things.
Soon we may really wonder where the wild things are.

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WHOA offers an innovative solution for wild horse management that is feasible for the wild horses, burros, Public Lands Ranchers (Permittee s), the people, the horse industry and, importantly; reduces court actions from all sides by removing the root cause, which is a conflict of interest.
Due to the management plans since 1971, in fact the wild horse is less than worth-less, monetarily speaking, to the Public Lands Rancher (Permittee) vs. the American Public who view them as intrinsically valuable. In order to remove this resultant conflict of interest, the actual monetary value of each wild horse must rise to that of a cow/calf, for the Permittee.
The solution must also feasibly take into account climate change and the fact that both sides of the aisle recognize that creative remedies are needed now*1.
The Permittees must also be paid for improving carbon sequestration on the range and reflectivity/albedo*2 as appropriate, along with working issues of watershed, soil, planting trees, re-seeding, drilling wells, installing windmills for year-round water as needed, for both cattle and wildlife/wild horses.
To wit the Green New Deal from the Democrats and the Green Real Deal from the Republicans also according to the United Nations Intergovernmental Panel on Climate Change 12-year ultimatum on climate change.
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The BLM has stated to Congress repeatedly that to warehouse a wild horse for its lifetime costs the nation approximately $50,000 each. However, just half of this could be better spent on public lands, paying ranchers for wild horse and burro management by immuno-contraceptive darting once per year, on the range, rather than paying $1000/horse for helicopter round up and $2000/year thereafter in holding. This would end the mounting numbers in long term holding and the $2000/yr. per horse.
Rather than the traditional expensive and dangerous round ups, transport, holding and feeding for 25 years, the Permittee will be paid for the three management items below:
1. Equivalent Payment for Partial Resting of Permit: Similar to farmers being paid to rest their lands, ranchers would count the horses (perform a census*3) and determine if the wild horse number is greater than the Appropriate Management Level (AML)*4. This is called the overage*5. If this overage is significant enough, environmentally speaking, to choose to put less cattle out, then the Permittee will instead be paid the same as cow/calf for the number of horses over AML/overage. Or rather, the number of cattle removed would be equal to the number of wild horses over AML and the rancher will receive an equivalent payment for partial resting of the permit. Hence, the Permittee, the wild horses and the range are all protected and the conflict of interest is removed, when combined with item no. 2 below.
2. Payment for PZP*6 Darting: Permittees (or BLM contractors) must be paid equivalent to a cow/calf to manage each wild mare with PZP Fertility control as needed. PZP darting will be provided to all females each year, (as needed) on and off, in order to both preserve genetic health of the herd as needed to work towards a population where the herd is at AML (However the NAS takes issue with the AML determination methods). Working toward the birth rate being equal to the attrition rate. Hence flat line population growth without round ups. The rancher will provide digital pictorial documentation.
3. Payment for Environmental Defense and Preservation: Under the purview of the Bureau of Land Management (BLM) or United States Department of Agriculture Forest Service (USDA FS), the public lands rancher needs to also become our first line of defense on public lands to fight climate change as front-line range and environmental stewards. This will address reflectivity of the environment/albedo the amount of methane, watershed, forest fires and biodiversity.
This is also recognizing the public lands stewardship these Permittees already do (while the cattle are on the permit) however, often not year-round, by ensuring water for grazing animals, planting seeds, sometimes planting or removing trees and addressing watersheds as well as erosion.
Water supplies will also need to be ensured for the time the cattle are off the allotment, at a minimum by ensuring allotment gates are locked open so that wild horses can then roam to water. They may also work improvements to watershed, erosion etc.

https://www.history.com/news/cave-painters-didnt-dream-up-spotted-horses-study-shows
NOTE: Methane: The Environmental Protection Agency (EPA) states that enteric fermentation*7 and manure (largely from cattle) are the number one source of methane in the United States. Methane is 84 times more heat trapping than CO2 in the first two decades. However, when wild horses are over AML, IF the Permittees reduce cattle and are paid, this also results in Methane reduction.
NOTE: Remote Areas: The BLM and USDA FS state to Congress that they cannot get to the more remote areas in order to manage the wild horses and burros with contraception. However, the Permittees are already in/near these areas with the cattle they manage.
NOTE: Native Predators: Mountain Lions, Wolves, etc. are being killed by USDA Wildlife Services ($121 Million/yr.) due largely to their predation on non-native cattle/beef from Asia. Livestock owners are often paid for depredation. Hence, whether one agrees or disagrees as to the native status of the legally wild horse, or its domestication, it is preposterous to say that a predator can differentiate or has a prejudice against eating horse meat because they can somehow sense they may be domesticated vs. wild. (Regardless, horses evolved entirely here in North America for over 55 Million years with the modern horse having appeared between 2 and 4 million years.)
NOTE: Puppy Mill Management (unchecked breeding): Under the current management structure, the wild horse has lost its value through (unchecked breeding), due to the expensive wipe out of predators and virtually no contraceptives substituted in their absence.
To wit, the BLM states that it started with only 25,000 wild horses, however proudly claims it has homed 245,000 horses.
Further removals of thousands of wild horses have significantly affected supply and demand for adoptions, which is clearly self-defeating for the BLM and detrimental to the horse industry, and many of these are at high risk of slaughter.
Occasional mares are PZP’d off range and released after an expensive and illegal helicopter round up, thereby completely defeating the feasible, legal, and humane purpose of (non-experimental) and dartable PZP – ON Range Management.
Puppy Mill Management thereby puts all sides at risk on many levels including legal, fiscal, humane:
NOTE: The National Park System (also under the Department of Interior as is the Bureau of Land Management (BLM) has been utilizing native PZP successfully on a 45,000-acre Assateague National Park, successfully. Time to TIER (Share Information) with/from the NPS. https://www.nps.gov/parkhistory/online_books/science/26.pdf https://www.nap.edu/catalog/13511/using-science-to-improve-the-blm-wild-horse-and-burro-program
NOTE: This plan does not affect any of the current ways that political campaigns are funded.

https://www.smithsonianmag.com/history/journey-oldest-cave-paintings-world-180957685/
We understand that change is sometimes difficult. However, under this new structure, young and old public lands ranchers and Permittees can have hands-on education, based on each area’s environmental and wild horse management needs.
This would help to guarantee their long-term ranching future by continually paying them equitably for providing some of the services they currently already do in part for free, in order to enhance their ranching incomes.
Asterisks Explained
*1 The United Nations Intergovernmental Panel on Climate Change: 12 year ultimatum
*2 Albedo: is the percentage of solar radiation reflected by an object. … A pure black object would absorb all radiation and have an albedo of 0%. Bright Earth features such as clouds, fresh snow, and ice have albedos that range from 50% to 95%
*3 Census:Total Number of wild horses
*4 AML: Appropriate Management Level (AML), which is the number of wild horses and burros that can thrive in balance with other public land resources and uses.
*5 Overage: Total census (including babies) minus AML.
*6 PZP: Porcine Zona Pelucida an Immuno-contraceptive: The formulation for wild horses is registered with the EPA as Zona Stat-H for wild horses and as Zona Stat-D for Deer. It is not hormonal and does not affect behavior. This contraceptive lasts for 1 year and reaches full efficacy once boosted. Thereafter boosters are no longer needed even if a year is skipped.
https://www3.epa.gov/pesticides/chem_search/ppls/086833-00001-20170706.pdf
https://www.nap.edu/catalog/13511/using-science-to-improve-the-blm-wild-horse-and-burro-program
*7 Enteric Fermentation: Ruminant Digestive process. Per EPA “Enteric fermentation is the largest
anthropogenic source of CH4 emissions in the United States. . .This increase in emissions from 1990 to 2017 generally follows the increasing trends in cattle populations. (This does not even include the Methane from associated manure).
By Patience O’Dowd President for WHOA,
Member Union of Concerned Scientists
PO Box 932, Placitas, NM 87043
A public 501 c3 since 2004



Muddy Creek Horse Management Area – BLM Utah
Wild horses of New Mexico can and do legally roam just as do other wildlife. This includes public and private lands except the State lands which are set aside to raise money for schools in NM.
WHOA’s Legislative Work includes:
The NM Wild Horse Protection law passed in 2007 carried by the honorable former Senator Steve Komadina MD for WHOA, has been upheld in now by 8 of 9 judges. The latest ruling is below and is quite clear.
Brief Summary of the Wild Horse Protection legislative work/upheld in court/s in WHOA v NMLB in two cases.
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1. These wild horses are subject to the animal cruelty laws of the state unlike all privately owned livestock which are exempt from these protections in NM. (Appellate Court Ruling)
2. If a private property owner does not want them on their property, they not only have the right, but the obligation to fence them out. ( District Court Ruling below)
3. It is illegal to trap or lure a wild horse in NM.
4. These wild horses are not under the jurisdiction of the New Mexico Livestock Board given that they are not owned and are not livestock (born and raised on a ranch).
5. These horses are protected/regulated under statute, hence common law (called ratione soli) which allows for ownership of wild animals that come onto one’s private land (like “bunnies”) no longer applies since at least 2007 when these wild horses became protected/regulated legislatively. NMSA 77-Â 18-5. (General Animals section which the Livestock Board does not have jurisdiction over, including skunks, chimps, wild canines, etc. )
6. These horses belong to the people of the state as a natural resource and as such, cannot be legally rounded up. Horse Theft in NM is a minimum sentence of 2 yrs and a maximum sentence of 7 yrs in prison.
NOTE:
+WHOA is the only non-profit in New Mexico that has passed protective legislation for wild horses in NM. This legislation calls for management by contraception and management of the range.
+WHOA is the only non-profit in NM that has gone to court to uphold this new law in New Mexico. WHOA has won for the wild horses both times.
+WHOA also stopped the brutal helicopter roundups in the USDA Carson National Forest in 2004 through administrative appeal and large media supported protest. + This has caused the USDA Forest Service to utilize lure trapping instead of helicopters. + WHOA has also caused immuno-contraception to be an allowed option for population management in the Carson National Forest since 2004.
+WHOA has defended these wins for the our New Mexico wild horse treasures and their habitat against the opposition promoting BAD Bills SB126 in 2017 and Kill Bill SB158 in 2018. These two bills were carried by Senator Pat Woods recipient of over $1 Million in USDA funding for his ranch through time. These BAD bills are now ended and replaced, by HM093 and https://www.nmlegis.gov/Sessions/19%20Regular/memorials/house/HM093.pdf.
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The bad bills were supported by the following lobbyists:

WHOA has documented many divisive acts against the overwhelming majority, in order to remove Placitas’ wild horses from the Placitas Bureau of Land Management (BLM) lands between 2008 to 2018, by two of our U.S. Senators, Heinrich and Udall. To be sure, the writer is a democrat, who chooses to lead rather than follow when a party goes against “wild horses and Indians”, the law, and the overwhelming majority of people, literally.
In this particular divisive instance, Heinrich works against a pro-wild horse neighboring Pueblo’s rightful reparations as Ordered by Teddy Roosevelt, in favor of FALSE Reparations by the San Antonio De Las Huertas Land Grant (SADLH) in the tug of war over the current area BLM lands (both the Buffalo Strip and the Crest of Montezuma).
The elected officials in New Mexico are apparently held hostage for rural votes by the Land grant Leadership, not the Land Grant People. WHOA has documentation showing that the people are not informed as to what their leadership is doing against wild horses of New Mexico.
There is even the attempt by the Land Grant to secretly make the rest of us pay for their Land Grab acquisitions. All the while Heinrich and Udall block proactive population management under the state law passed by WHOA in 2007. This in and of itself has caused deep and irreparable damages.
This was a plot that was planned to hand these BLM lands over to a government entity, a Land Grant (leadership only), against the people and against the wild horses of Placitas. Moreover, Udall and Heinrich are currently working to “saddle” the kind Pueblo WITH the horses Heinrich did not want on the BLM as well as those already rounded up as they are still trying to illegally remove the wild horses from Placitas and the BLM lands to make way for development, all while, illegally blocking legal population management of these Placitas Wild horses for 10 years and counting.
Once the wild horses no longer protect these BLM lands, the SKY is the LIMIT for Development!   Â
Recent picture of wild horses of Placitas on their homelands, the Buffalo Tract BLM Lands                                                             Â
This plan utilizes their divisive Non-Profit NM First and Governor Martinez appointee to the Sandoval County commission for local support! Together with NM First they accomplished a second Orwellian non-scientific survey, with a not so hidden agenda, of secretly installing the BLM and the NM Livestock Board in their planned (since 2014) multi-jurisdictional team, to REMOVE the wild horses from the BLM lands next to Placitas as well as from the rest of Placitas. No SURPRISE!!!
They are working quickly to remove them from the Placitas Area to Tribal lands where the Freedom of Information Act can’t reach! Where Placitans and the wildlife corridor are no longer soothed by their presence, where Placitan realtors will no longer be able to use them in their ads, impacting home values and time-to-sale, undoubtedly. This would irreparably change the nature of our rural mountain community of Placitas again, irreparably.
It’s been divisive moves by both Heinrich and Udall, and WHOA’s counter moves for almost 12 years now, and the wild horses are STILL on the BLM lands in and around Placitas. WHOA has never given up to this very day.
BTW, please DONATE to the WHOA LEGAL FUND if you like our work. We are all volunteer, no salaries, have multiple court wins and legislative wins in NM for these wild horses to remain and to protect the wildlife corridor here off the Sandia Mountain. If the wild horses are removed, this last viable wildlife corridor off the mountain will be lost. Importantly, as always, over 100% of your donation will go to the cause for the wild horses and their habitat.
Heinrich and Udall have allowed the Land Grant Leadership to hold Conservation efforts of both the Crest of Montezuma and the Placitas Wild horses hostage now for over 10 years. Heinrich hid his role regarding this Attempted Public Lands Grab by illegal Back Door reparations, until WHOA uncovered the two documents below. This was a plan to give away the BLM Buffalo tract to a group which all ancient and current maps show, they had no aboriginal claim to.Â
WHOA also has obtained communications from Udall’s office showing that he cannot support the wild horses on the BLM Lands (Buffalo strip) in Placitas until the Land Grant Leadership gives him written permission.
Hence, it would appear that the NM Land Grant Leadership is holding our elected federal officials hostage for rural votes at the same time they have withdrawn their previous legislative support of our state’s wonderful natural resource, our esteemed wild horses and their families.
These are illegal acts on a number of levels, and was clearly against the National Environmental Protection Act (NEPA) as predetermined, illegal with respect to state and local laws, and arbitrary and capricious, chilling of speech, as well as huge transparency issues federal open records requests, FOIA’s, long unanswered as well).
These actions are also illegal under the Historic Preservation Act (NHPA), Title 18, and altogether against the presidential executive order by Teddy Roosevelt in 1902 regarding the pro-horse Pueblo which has also declared these horses as wild. These actions taken together along with other illegal acts locally are clearly Unequal Protection under the law, and are, grounds for action which WHOA has well documented.
  Â
Teddy Roosevelt out West, NPSÂ Â Â Â Â Â Teddy Roosevelt, Santa Fe NM, NPS
A SADLH member who is named in the documentation below even denied this to the writer’s face while proceeding to publicly deny and to defame the writer in public, claiming that since the (bottom) letter was not signed, and it hence, was not true. However, he did not know that the writer had procured both letters below, from an official source, one signed by Martin Heinrich. This man was one of the five (5) SADLH Land Grant board members listed on the June 11th 2010 letter below.
Moreover, WHOA obtained proof that the SADLH people were unaware of all that their Board members were doing against the wild horses of Placitas, and against the rest of the Placitas community which their leadership had attempted to kick out of Placitas, deeming their area as Bernalillo Heights stating that the new comers had been involved in name theft at the Senate interim committee on Land Grants where much of this planning has taken place.
The end game per the documentation below, was to stall preservation of the Crest of Montezuma for the Land Grant, buy lands for the Land Grant near the Crest of Montezuma, which they would then trade for the Buffalo Tract BLM Lands. Hence holding all conservation efforts hostage to the Land Grant, whose leadership would remove the wild horses from their rightful range on the Placitas BLM lands, as well as allow a 20,000 trips per day highway through it.
Importantly, there was and is both no need, and no public support, for this politician’s dream highway, often called the Loop Rd, or the North East corridor, which was also illegally denied and hidden in Udall’s BLM RMP, documentation outed by WHOA. BOTH of these Acts to remove wild horses and install a highway are against the overwhelming majority at 86 and 87% respectively, by independent poll of 2014 as well as, non-transparent, and against the law.
The SADLH Land Grant is a government entity, a “political subdivision of the state of New Mexico”, that had already broken the Open records Act with WHOA, had already received a warning from the NM Attorney General’s office for this and also, did not inform its people of the nefarious and secret deals it was making against their will, against the wild horses of Placitas, and against their then, very united community for the wild horses at 99% by the first WHOA scientific poll of all Placitans by bulk mail, now still united at 86%.
Importantly also, the BLM illegally denied receiving the SADLH Land Grants plan for the BLM (Part of the NEPA process RMP) and it too was obtained and outed by WHOA.
Again, currently, (11/25/18) Udall and Heinrich are after the Placitas horses utilizing their non-profit New Mexico First to both block population management in Placitas as well as move the wild horses of Placitas away from Placitas.
New Mexico First is a ‘public policy’ group whose board consists of corporate interests, yet pretends to involve the citizenry in resolving issues. Senator Udall and Senator Heinrich are the Honorary Co-Chairs on the Board of this group and New Mexico First prefers to illegally remove wild horses than simply follow the law and advocate for contraception.
New Mexico First has the BLM and the NM Livestock Board, at the table, ‘problem-solving’ though WHOA has proven in court that they have no jurisdiction over these states wild horses. They have yet again, tricked constituents, wild horse advocates, Land Grants peoples, and Pueblos and have again used divisive, bully tactics to harm the people, the advocacy, and the Pro-wild horse Pueblo while the BLM RMP seems to be now, illegally and non-transparently, dead in the water since about 2014.
With our tax dollars, New Mexico First has spent $24,000.00 ignoring the simplest, most effective, and most humane management remedy, under the law- contraception. Basically, like ALEC, New Mexico First exists to simply allow both senators to feign a public interest while serving a corporate agenda. For more on New Mexico First, you can look at these links:
PLEASE DONATE to our Legal Fund. 100% of your contribution is used soley for the cause. WHOA is 100% volunteer. Though WHOA has just won freedom for the Alto NM wild horses in court, we see no end to the counter moves of Udall, Heinrich and Governor Martinez though she is not re-elected.
PLEASE CALL
U.S. Senator Tom Udall : Â 505-346-6791
U.S. Senator Martin Heinrich : Â 505-346-6601
N.M. Senator Liz Stefanics, Chair of the Senate Land Grant Interim Committee: Â 505-699-4808
The New Mexico First PR Group, aka Senator Udall and Senator Heinrich’s PR firm, along with a Placitan Group, are working to give illegal jurisdiction to the NM Livestock Board (NMLB) and the Bureau of Land Management (BLM) over our state’s legally wild horses in Placitas.
This in order to block the use of contraception and cause a round up of many, if not most, of the Placitas Wild Horses. They will then put some of them in a tiny “Sanctuary” or Corral, and then get Placitans to pay for their maintenance in this corral.
The Senators’ PR Group, NM First has put out a survey to the entire state of New Mexico on a channel 7 “news” story, (link below) in order to try and gain support for this illegal “multi-jurisdictional” Board, which they do not have support for in Placitas. Again, they are not openly mentioning, that multi-jurisdictional means the NM Livestock Board and the BLM. (Please also know, that the NM State Veterinarians are indeed NM Livestock Board employees, and have presided over all the illegal round ups and sales of wild horses in Placitas to kill buyers.)
The likely reason that the Senator’s PR Group NMFirst, is blocking the use of the contraceptive (native PZP), is that once darted with PZP, the wild horses cannot be sold for human consumption.
In the Channel 7 story (link below), two “go-to” Placitas Wild Board members, side-slam the wild horses as fence destroyers and road safety issues, and thereby advocate that the Wild Horses of Placitas be removed from our neighborhoods and the BLM lands where they legally roam free, welcomed by the over whelming majority of Placitans, as proven by independent poll, at 86% !
Moreover in this choreographed Channel 7 story, Channel 7 feigned a “heated debate”, which was actually a one person’s 3 minute rant about owned domestic horses that had gotten out of their corral into the street. Channel 7 also highly inflated more than 2 times, the number of wild horses in Placitas, as usual, stating that there are to 70 to 200 wild horses roaming in Placitas on the story version that aired, but not the one they posted.
Channel 7 never mentions the 1.4 million cattle free ranging in NM (almost as many as people in NM) or the 200,000 Deer, 70,000 Elk, 40,000 Antelope, and thousands of other hooved animals freely roaming in NM, as also shared by WHOA’s president.
CALL OFF YOUR DOGS!!
PLEASE CALL: U.S. Senators Udall & Heinrich: (505) 988-6511 Udall, p: (505) 988-6647 Heinrich
+ +Demand they call of their DOGS, (NMFirst) and Placitas Wild, and STOP putting the Placitas wild horses, on the menu over the borders!
+ + Ask them  to allow contraception as legislated under the (WHOA) NM Horse Protection Act of 2007 and initiate a New Mexico Wild Horse License Plate to bring in any needed funding and help grow tourism’s already 84,000 + jobs!
Open Letter to Sandoval County – NM First-Senator Udall
Channel 7 Choreographed Story:Â https://www.koat.com/article/fiery-debate-erupts-over-how-to-deal-with-growing-population-of-wild-horses/23605428
Court details are in the online newspaper here, also: Which entity should get the Placitas Area Bureau of Land Management (BLM) Lands: WHY and WHY NOT?
JUNE 2016 Follow-up:
No Surprise! The June edition of the local monthly tabloid of Sandoval County continues to misrepresent the NM State Supreme Court which upheld WHOA’s WIN, in their tabloid’s current June edition. The tabloid intentionally misleads its community readership and especially it’s Placitan readership again, on a number of points including:
THE USUAL TABLOID – MISLEADING: “In October, the New Mexico Supreme Court declined to hear the case, so now back in the hands of the Albuquerque judge. . . .”
This implies that WHOA lost: NOT SO! The Supreme Court declined to hear the NM Livestock Board’s/Reynold’s request for appeal of the WHOA’s Wins so far. Hence it did NOT dismiss WHOA’s case, and hence, remanded it back for further proceedings in District Court. There is further controversy between the parties to be decided by the courts.
TABLOID OWNER – CAUGHT: The owner and publisher of the local tabloid in Sandoval County was rounding up horses himself, as stated in a Sandoval County Sheriff’s police report (see page 8 of WHOA e-newspaper above). However he refuses to openly declare his conflict of interest to his readership, as journalistic integrity would require, and as formally requested by WHOA.
https://whoanm.org/wordpress/?p=326
https://whoanm.org/wordpress/?p=321
WHOA is winning, so far, for wild horses and habitat in New Mexico based on its NM state legislation passed in 2007.