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IN
TEE UNTTED
STATSS
DISTRICT
COURT
FOR TIIE DISTRICT OF WYOMING
AMERICAN
WILD HORSE
PRESERVATION CAMPAIGN, er al,
)
Case
No. l:14-cv-8063
Petitioners-Appellants,
S.M.R.
JEWELL,
Secretary
of
the
United
States Depaxtment
of
the
Interior,
el
al,
Respondents-Appellees.
TIIIRD DECLARATION
OT
KIMBERLEE
D. FOSTER
1
.
I
am
Kimberlee D.
Foster,
Manager of
the
Rock
Springs
Field
Office
(RSFO),
High Desert
Distric
Wyoming State Office,
Bureau
of Land
Management
(BLM),
U.S.
Depaxtrnent
of
the Interior.
In this
position,
I am
responsible
for management of
approximately
3.6
million
acres ofpublic lands and
3.5 million
acres
of
federal
minerals
within
the
Rock
Springs
Management Area
(RSMA).
Among
the
public
lands
managed by the
RSFO
are
approximately two
million acres of
altemating
even-numbered sections
witlin
the
Wyoming
Checkerboard
ofthe Union
Pacific
Railroad
grant.
2.
As
Field Manager,
I
am responsible for
oversight
of
BLM's
management
of
wild
horses
within
lhe
RSMA
and
implementation
of
federal
law
applicable to
wild
horse management,
including
the
Wild
Free-Roarning Horses
and
Burros
Act
(WHA),
as
amended,
the
Federal
Land
Policy
and
Management
Act
(FLPMA),
and the
National
Environmental
Policy Act
(NEPA).
I
am
submitting
this declaration
as
part
ofmy
official duties
as
Field Manager of
the
RSFO. Within
the
RSMA are
Herd
Management
Areas
(HMAs),
which
are
those
areas
designated
by
BLM
for
long-term
wild
horse
management.
In my
capacity
as
Field Manager,
I
am
the
authorizing
officer
for wild
horse
gathers
for
the
HMAs
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within or
adjacent
to
the
Wyoming
Checkerboard,
including
those
HMAs
adjacent
to or
encompassing
private
lands owned
or
leased
by
the Rock Springs Grazing
Association.r
This declaration
pertains
only
to
those
HMAs identifred in
the 2013
Consent
Decree:
Adobe
Town,
Salt Wells Creek, Great Divide
Basin
and
White
Mountain
HMAs.
3. On
July
18, 2014, the BLM issued
a
Decision
Record
authorizing the
removal
ofall
wild
horses
from the Checkerboard lands within the Great Divide
Basin
HMA,
as well as Adobe Town
and Salt
Wells
Creek
HMAs. This decision
was
based
on the
Categorical
Exclusion
Review
WY-040-CX14-134,
as
provided
by
Section
4
of
the
WHA,
16
U.S.C.
$1334,
and the
2013
Consent
Deuee.
4.
The
removal ofwild
horses
from
the Checkerboard
within
these
HMAs
began
on September
15,
2014
and
was
completed
on
October
9,2014. A
total
of
1,263
wild
horses
were
removed from
fie
Checkerboard
land:
527
within
the Great
Divide
Basin
HMA,
689 within
the
Salt Wells Creek
HMA,
and 47
within the
Adobe
Town HMA.
Based
on the
census data
from April
2014, it
is
estimated
that approximately
649
wild
horses
remain
within
the
BlM-administered
portions
of
the HMAs
(outside
the
Checkerboard):
91
within
the Great
Divide
Basin,
39
within
Salt
Wells
Creek,
and 519
within
Adobe
Town. During
gather
operations,
the
BLM
implemented
several
measures
to easily
identif the
boundary
between
the solid
block
and Checkerboard
to
ensure
wild horses were only
removed
from the
Checkerboard.
For
example,
the BLM used
global
positioning
device
(GPS)
units,
personnel stationed
as
spotters,
topographic
features,
and
maps
to orient
the
helicopter
pilots
ofthe
Checkerboard
boundary.
No
wild horses
were
gathered outside
of
the Checkerboard
within
these
HMAs
or
from any other
HMA.
5. The BLM
had
originally
estimated
between
800 and 950 wild hones
were
present
in
the Checkerboard
within
the
three
HMAs,
based
on census data
from
April
2014 and
growth projections.
The
BLM
attributes
the increased
numbers
of wild
horses
present
in
the Checkerboard
at the
time of
gather
operations
primarily
to
the delay
in
the
gather
start date and
the
early
onset of cold
weather.
Due
to
the
topography
and
elevation,
the
Checkerboard
area is
known as
a
historic winter
range
area
for both livestock
and
wild
horses.
Much
ofthe
Checkerboard
areas
ofthese HMAs are at
lower
elevations
than the adjacent solid
blocks
ofpublic
land,
and
vegetation
and
water
resources
are
more
readily
I
Part
ofthe
Adobe Town HMA
lies
within the
Rawlins Management
Area,
which
is
overseen by
Demis
Carpnter, Rawlins
Field Office Manager. For
purposes
ofthis
litigatiorq the
mamgement
is the
same
in both districts.
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available during cold
and snowy
conditions than
can be
found in
the
more
mountainous
terrain
ofthe
solid
block.
This
year,
a
cool
wet
summer and
an
early
fall
led
many
ofthe
wild
horses
to
disperse
from the solid block
and
move down
into
the
Checkerboard
portions
of
the
HMAs.
Additionally, stxong storms
in
August
and
early
September
brought cold wet conditions to
the
entire
area,
bringing
even
more wild
horses
into
the Checkerboard wintering
range.
The
Checkerboard
gather
was
originally
planned
for mid-Augusl however,
the
stad
date
was delayed until
mid-September
due
to
the
legal
challenges at
issue
in
this
lawsuit.
6.
All
captured
wild
horses were
removed from
the range and entered
into
the
BLM's
national
Wild Horse
and
Burro Program
to
be
made
available
for
adoption.
There
are several
challenges
associated
with retuming wild
horses
to
the
range, including the
adaptability
ofthe horses
after being
in captivity, the
potential for introduction
ofdisease,
and
the increased
costs
to
the
BLM.
First,
the
wild
horses
removed from
the Checkerboard
during
the 2014
removal
have
now
been in captivity
for
several
months.
It is
unknown how
those
horses would
fare
if retumed
to the
HMAs
and
forced to
seek out
their
own
food
and
water after
being
maintained
as domesticated
aaimals
for
an
extended
period
of time.
Additionally,
the
captive
horses have been
disbwsed
into
BLM holding facilities
across
Wyoming,
Utah
and
Colorado
where
they
have been readied
for
adoption
through
vaccinations
and,
for
male horses,
gelding.
Because the
remaining
wild
horse
herds within these HMAs
do
not contain
any
geldings,
it
is
unlnown
how
retumed geldings
would
adjust
or
even be
received
to
the
new social
structures
that
have
formed
within the herds since the
removal.
7. Second,
wild horses
have
not been
immunized
against
common,
domestic
horse upper
respiratory
diseases such
as
inlluenz4 rhino
pneumonitis,
streptococcus
infections
(the
most
common
being
snangles), and
pneumonia.
These diseases
are
highly contagious
for
horses and
pose
a
threat if introduced
into
the
wild herd. Any
horses
to
be released back
into
the Checkerboard
would need
to
be
quaxantined
in a
relatively
sterile
facility
prior
to
being retumed
to the
wild.
Due
to
disease
incubation
periods
and the
difficulty
in maintaining
sbrile
conditions in
a
domestic
livestock
setting, the quarantine procedure
would not
guarantee
that
diseases
would
not
be
introduced
into
the
wild herd.
8.
The
BLM
has already
incurred
costs associated
with the
2014
Checkerboard
Removal
in
excess
of$535,000.
Ifhorses
removed
fiom
the
HMA
are
retumed,
BLM
will
not
be able
to
recover the
significant
economic
costs of
preparing
for
and
conducting
the
removal,
and
post-removal
costs
including
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transportation,
preparation,
holding,
and
adoption of
gathered
horses.
Additionally,
ifthe captive
horses were
required to retum
to
the
wild,
the
BLM
would
not
only
incur
the costs
oftransport,
but
would
also
incur
quarantine
costs
to
prevent
the
spread
ofdisease to
the
remaining
wild
horse
herds within
these three
HMAs.
9. The
2013 Consent Decree
requires the
BLM
to conduct
a census and
evaluate
whether
a
gather
in rhe
White Mountain
HMA
in calendar
year
20
I 5
is
necessary. Unlike other HMAs,
under
the 2013 Consent Decree RSGA allows
between
205-300
wild horses
to remain
on their lands within the White
Mountain
HMA
for
the
duration
ofthe
agreement.
Ifthe
2015 census indicates the
population
of
wild
horses exceeds
300,
rhe BLM
will
gather
and
remove down
to
205
wild
horses and use fertility
connol
to
reduce annual
population
groxth.
10.
No
decision
will
be
made
with
regard
to gathering
the
White
Mountain
HMA
until
an
updated
census is
completed. At
present,
the
BLM has
tentatively
scheduled
this
census
to
begin
the
week
ofFebruary
16,
2015,
weather
conditions
permitting.
The
White Mountain
HMA was
previously
gathered
in
201 1
and
two
fertility
control
methods
were
implemented: a
two-year treatment
of
Porrine
Zona
Pellucida
(PZP)
and the adjustrnent ofthe sex
ratio
ofthe
remaining
herd
(favoring
stallions 60:40). In
May
of20l2,
the
BLM
conducted a census and
the
population
estimate
was
approximately
135
wild
horses
within
this
HMA.
Two
years later, the April 2014 census
indicated
that
the
population
was
152 wild
horses,
well
below
the
205-300
range.
In
the
absence
ofcensus
data,
the 2013
Consent
Decree
allows
for
a
20elo
grolrth
rate
calculation to
be used
for estimating
annual
population.
Based on the
existing
census
of
152
wild
horses,
a
20%
growth
rate
would result in
an
increase
ofabout 30 for a
total
population
estimate
of
182
wild
horses
within
the
HMA.
This
projected population
is
below
the 300 wild
horses
threshold
requiring
a
White
Mountain
HMA
gather.
Based on
my
experience
and
looking
at the
previous
census results, it is
my
professional
opinion
that the
population
in
the
White
Mountain
HMA
is
currently
growing
at
less
than
a
20%
growth
rate due
to
past
fertility
control
methods and,
therefore;
the
population
will
be
well below
the
criteria requiring
a
gather
for 2015.
It is
unlikely
BLM will
gather
in
the
white
Mountain
HMA
in
2015.
11. At
this time,
no
additional
gathers
are
planned
for
the Great
Divide
Basin,
Salt
Wells
Creek
or Adobe Town
HMAs.
After initial removal of all wild
horses
from
the Checkerboard
within
these
HMAs, the 2013
Consent
Decree
allows
for wild
horses
to remain
on
RSGA
lands, up
to certain
limits, which would
not
occur
absent the Consent Decree. The Decree
provides
that
a
removal of wild
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horses
shall occur in
2016
ifthe
population
within
the Checkerboard
portion
ofthe
Great
Divide
Basin
HMA is
likely to
exceed
100
wild
horses
or
if
the
Checkerboard
portion
of
the
Adobe Town
ard Salt Wells Creek HMA
(combined)
is
likely
to
exceed
200
wild horses.
An updated
census
will
be necessary
to
determine
ifthe
population
limits
have been exceeded
within
the
Checkerboard
for
these three
HMAs
prior
to
any decisions
about
future
gathers.
Pursuant
to
28
U.S.C.
$
i746, I
declare under
penalty
of
perjury
under the laws
of
the
United
States
of America
that the
foregoing
is
true
and correct
to
the best
ofmy
knowledge,
information, and
belief.
Executed in
Rock Springs,
Wyoming,
this 20th
day
of
January,
20
1
5
.
lee
D. Foster
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