DIAMOND BAR CATTLE COMPANY
Sherry Farr asks supporters not to harass officials
In an e-mail received by the Daily Press, Sherry (Laney) Farr is asking those who support her and Kit Laney in the issue of impoundment of their cattle on the Diamond Bar Ranch not to harass U.S. Forest Service personnel.
"It has come to my attention that various USFS personnel are making claims of harassment against people who may be supporting us in our battle with the USFS over the legality of the impoundment of our cattle," Farr wrote. "Neither Kit nor I will ever condone any threats or intimidating tactics made in our name. Anyone who is capable of committing such atrocities is likely only trying to make us look bad and make an already bad situation much worse. These people should see the inside of a courtroom."
Farr, who was recently divorced from Laney, but still resides at the Diamond Bar Ranch, said: "People who believe in us, and believe in Kit, will keep their protests and attitudes peaceful. Anyone who refuses to do so is not acting in our behalf and is not concerned with our well-being. We believe anyone committing crimes in this manner would have done so regardless of our situation and should be punished accordingly."
Kit Laney, who was arrested March 14 after a confrontation with federal officers near where the cattle were impounded, is being held without bond at Doa Ana Detention Center in Las Cruces.
He is accused of threatening to trample federal officers with his horse, and trying to release some of his livestock, according to Forest Service personnel.
Laney was charged with assault on a peace officer, obstruction of a court order and intimidation.
Laney is scheduled to be back in court Wednesday at 1:30 p.m., in Las Cruces for another arraignment/pre-trial hearing, according to Farr.
"Kit remains in jail on allegations that he committed a serious crime, a crime that our legitimate supporters and friends do not believe he is capable of committing," Farr wrote. "Kit told me his story and there is no reason for me to believe the allegations made against him.
"To behave as Kit is said to have done would have required almost superhuman strength," she wrote. "In my mind, the story the USFS witnesses are telling is simply not humanly possible.
"We are not in any way condoning the USFS actions as they continue to gather and inflict damage to our cattle. Nor do we appreciate the agency's false portrayal of Kit as having the potential to be violent. This continual defamation of Kit's character, even after the claims were proven false, was used to inflame the law enforcement officers involved in the impoundment and directly contributed to Kit's violent arrest and the charges against him.
"We feel confident that Kit will be exonerated of these charges," Farr wrote. "We feel confident that he will be freed from jail as soon as he finally receives a full arraignment hearing. He is doing well, and in as high spirits as can be expected."
The Forest Service personnel have said the cattle are being well cared for.
A notice of livestock sale legal advertisement is being placed by the Forest Service in today's Daily Press. It lists the number of cattle rounded up.
Cattle with the Diamond Bar Cattle Co. brand include 16 bulls, 82 cows, 45 steers, 59 heifers, nine steer calves, three heifer calves and two bull calves. Those with the Kit Laney brand include three cows, while those with the Sherry (Laney) Farr brand are five bulls, 10 cows two steers and three heifers.
Unbranded cattle include four heifer calves and eight bull calves.
According to the legal notice: "Livestock may be redeemed at any time before the date set for sale (five days from publication of notice) by submitting proof of ownership and paying for all expenses incurred by the United States Forest Service in gathering, hauling, impounding and feeding such livestock.
"In addition, livestock shall not be placed back on lands of the United States Forest Service (including but not limited to the Gila National Forest, the Apache National Forest, the Laney allotment and the Diamond Bar allotment) in the absence of a valid permit from the United States Forest Service," according to the legal notice.
Andrea Martinez, Forest Service spokeswoman, said this morning that 75 to 80 percent of the cattle have been rounded up.
"The estimate is that 305 to 310 have been gathered," Martinez said. "We expect the contractor will gather about 90 percent of the cattle, while the remaining cattle will be gathered and impounded by Forest Service personnel. We feel we have between 50 and 100 more to impound.
"The largest group we've gathered came out of the East Fork of the Gila River," she said.
Martinez said the rest of the cattle will be rounded up from the farthest reaches of the allotment.
Martinez also said the Forest Service is "not sharing the information" on where the sale of the cattle will be held.
According to the legal notice, "arrangements for redemption of livestock should be made with the Wilderness District Ranger, Annette Chavez, at (505) 536-2250."
Commission criticizes Forest Service for actions against rancher
The Catron County Commission is publicly criticizing the U.S. Forest Service and environmentalists, and the commission is supporting ranchers.
The commission says environmental groups have held the Forest Service hostage.
Gila National Forest Supervisor Marcia Andre disputes that view, and she says most ranchers who hold Forest Service permits are “quality land stewards.”
Andre says the worst thing that could happen to the forest would be for ranchers to go out of business.
The commission weighed in on the issue because of the ongoing situation with Diamond Bar rancher Kit Laney. He was arrested March 14th after a confrontation with federal officers.
Laney is accused of trying to release some of his livestock during a roundup to remove his cattle from the Gila National Forest.
March 22, 2004
NOTICE OF CLAIM AND NOTICE OF FRAUD
NOTICE is hereby given to any and all who may have a purported “interest” in or desire to purchase livestock specifically identified with certain brands as follows:
KIT SS 7Y- NOTE: Three of the brands didn't copy over, including the Diamond Bar.
Said livestock are the property of Kit and Sherry Laney and a perfected security interest in the form of a UCC-1 financing statement is in force and effect. In the event that you decide to purchase these stolen cattle, you risk the event of not only losing your money, but the cattle as well. The UCC filing is under the seal and stamp of the New Mexico Secretary of State’s office at filing number(s): 20030341986H filed at 8:00 a.m. on September 22, 2003, and filing number 20030341985G filed moments later.
Said secured party in this matter is a 5-fold ministry dedicated to the preservation of the western way of life in America. Secured Party Services is administered by one Samuel Lynn: Davis and as the Secured Party in this matter has a priority claim on the confiscated cattle.
Let all to whom these presents come take NOTICE:
NOTICE OF FRAUD is hereby given that attempts by person or persons unknown are being made to sell said property without compensation to the Secured Party as well as attempting to bargain, sell, convey, and transfer, without full disclosure to a prospective buyer, and further, said attempt to sell these cattle aforementioned is in violation of New Mexico law and a civil conspiracy between the agency’s and agents of the Federal Government known as the corporation of the United States of America in concert with the STATE OF NEW MEXICO and its agents as well as others as yet unknown.
BUYER BEWARE!
Dated this 22nd day of March, 2004.
Samuel Lynn: Davis
/s/
Samuel Lynn: Davis
One, Samuel Lynn: Davis, living, breathing, man, hereby certifies on my own unlimited commercial liability, that the information above is the truth, the whole truth, and nothing but the truth to the best of my personal knowledge and belief, so help me God, the Author of all Truth. Amen
Samuel Lynn: Davis /s/
Tuesday, March 23, 2004
Monday, March 22, 2004
NEWS ROUNDUP
Agency to Reconsider Protection of Bird The U.S. Fish and Wildlife Service said Monday it will reconsider its protection of the western snowy plover, a nesting shorebird whose status as a federally threatened species has forced beach closings each spring and summer from southern Washington to southern Baja. The bird was listed under the federal Endangered Species Act in 1993, but a recent lawsuit and petitions contend it is genetically identical to inland populations. Populations must be threatened and a distinct species to qualify for protection. The agency said the argument against protecting the plovers is based primarily on an unpublished 2001 master's thesis that showed no significant genetic difference between the coastal and inland populations. The original threatened designation was based on the fact the populations breed in different locations.... Lawmakers vote to put Colorado back in the presidential horse race Frustrated after being left behind in this year's presidential races, a Senate committee voted Monday to make Colorado's presidential caucus the second in the nation four years from now. Lawmakers said they expect other states to join Colorado as they clamor for attention and move to front-load the presidential selection process. Sen. Doug Lamborn, R-Colorado Springs, said none of the candidates has addressed issues important to the West this year, such as management of public lands, protection of endangered species and water. "Those issues are not even on their radar screens," Lamborn told his colleagues.... A Mountain Railroad Spells Death for Grizzlies and Cubs Every day, trains climb a steep mountain corridor between the southern boundary of Glacier National Park and the northern boundary of the Great Bear Wilderness. The corridor is at the heart of the continent's wildest landscape, and it is prime bear habitat. In some 24-hour periods, up to 42 milelong trains use the line. Every once in a while, a grizzly runs or wanders onto the tracks and is hit by a locomotive. The threat to the grizzlies has fueled a dispute between the railroad, which says it has done all it can to protect the bears, and some wildlife experts, who say it should try harder. At least 32 bears, including 9 cubs, have been killed by trains since 1980. Three died last year.... Climate Debate Gets Its Icon: Mt. Kilimanjaro Campaigners from Greenpeace, the environmental group, scaled the mountain in November 2002 and held a news conference via satellite with reporters at climate-treaty talks in Morocco. Last October, Senator John McCain, the Arizona Republican who is co-author of a bill to curb greenhouse gases, displayed before-and-after photographs of Kilimanjaro during a Senate debate. A British scientist proposed hanging white fabric over the glacier's ragged 10-story-tall edges to block sunlight and stem the erosion. But now the pendulum has swung. This month, the mountain was taken up as a symbol of eco-alarmism by a cluster of scientists and anti-regulation groups. "Snow Fooling!: Mount Kilimanjaro's glacier retreat is not related to global warming," read a newsletter distributed on March 9 by the Greening Earth Society, a private group financed by industries dealing in fossil fuels, the dominant source of the heat-trapping gases. "Media and scientists blame human activity, but a 120-year-old natural climate shift is the cause.".... Column: Alabama has become the site of the largest extinction in United States Sixty-one percent of the nation's mussels live in Alabama. As we're blessed with more waterways than any other state, I guess that's not surprising. Further, more than 40 percent of the nation's snails live in Alabama. More than 350 species of mussels and snails (freshwater) are found in Alabama. So where is this leading? Alabama is the global hotspot for hundreds of aquatic animals. Consequently, as Alabama has progressed, we have become the site of the largest extinction in the history of the United States. According to Paul Hartfield, endangered species biologist for the U.S. Fish and Wildlife Service, we have that lethal distinction because of our incessant practice of damming rivers. In the past few years, nearly 50 snail and mussel species were lost.... Column: The Siege of the Sierra Club In 1998, anti-immigrant activists forced the Sierra Club to put a referendum on immigration on the annual membership ballot. Having been blamed for every other sin under the sun, immigrants were now to be scapegoated for our environmental problems as well. By the time the Club's membership had voted the measure down, a lot of participants were embittered, and the environmental movement was tarnished in the eyes of many onlookers. The 1990s saw the rise of the environmental justice movement, which did address environmental racism -- just who gets poisoned by dumps and incinerators, among other things -- but the mainstream environmental movement is not always so good at the racial politics that lurk within its own priorities and assumptions. Still, this is a long way from the politics of the anti-immigration activists attempting an openly hostile takeover of the Club, with three candidates for the March board elections looking to form a majority with some of the more dubious current board members, and various outside organizations -- some clearly racist and white-supremacist -- encouraging their members to join the Club and sway the vote. "Without a doubt, the Sierra Club is the subject of a hostile takeover attempt by forces allied with ... a variety of right-wing extremists," said the Southern Poverty Law Center in a warning letter. "They hope to use the credibility of the Club as a cover to advance their own extremist views.".... Truth must be ultimate weapon for Sierra Club Mark Twain said, "A lie can travel halfway round the world while the truth is putting on its shoes." It's astonishing how the media have been stampeded into a feeding frenzy by mostly one-sided stories charging that an army of racist, anti-immigrant, animal-loving vegetarians is about to take over the venerable Sierra Club. As a 35-year member of the club, I am pained to see such distortion. In recent years, the environmental movement has lacked courage to address the root cause of most environmental problems: rapid and apparently endless U.S. population growth. With our high levels of consumption, we Americans are stealing the resources of the world from other species, other peoples and future generations.... Beluga deaths may imperil Cook Inlet subsistence hunt Biologists say so many beluga whales died last year in upper Cook Inlet that Alaska Natives should forgo a subsistence hunt next summer. But representatives of two Cook Inlet Native whale hunting organizations said they have misgivings about suspending the small annual hunt only four years after it resumed.... Park Service jet-setters grounded The National Park Service wants to cut park hours and visitor services to save scarce funding, yet has spent nearly $100 million on travel, including foreign junkets to China, Japan, Africa, France and Russia since 2002. Globe-trotting employees held meetings, attended conferences and gave presentations during their trips, but the practice has angered lawmakers, who say they are pulling the plug on the agency's travel program.... Another 50 bison sent to slaughter The last 50 bison captured in Yellowstone National Park have been shipped to slaughter, spokeswoman Cheryl Matthews said Monday. That work was completed Friday and brought the total number of dead bison this winter up to 264. No more bison were captured over the weekend. The National Park Service is holding another 198 animals that have tested negative for exposure to brucellosis. Those bison will be kept until there is enough green grass inside the park to keep them from wandering toward private land to the north.... Feds swat at West Nile in court The federal government is taking a legal swat at the mosquito-transmitted West Nile Virus. But so far coalbed methane gas drillers are not required to take any swats in the fields where they're constructing hundreds of new ponds -- potential breeding pads for mosquitoes. U.S. Department of Justice attorneys defending the Wyoming Bureau of Land Management's plan for coalbed methane development in the Powder River Basin are expected to fight against a motion to add West Nile Virus to a long list of alleged legal deficiencies in the plan.... Ruling upholds claims of Western Shoshone elders A commission dedicated to human rights has issued a favorable ruling in the case of two American Indian elders who have waged a decades-long battle against the United State’s government over treaty rights. Problem is, the ruling has no legal authority in America. Western Shoshone sisters Mary and Carrie Dann are horse ranchers in Nevada. In the early 1970’s, the Bureau of Land Management hit them up for grazing fees and permits. The Dann sisters argued that they are exempt because they are on Western Shoshone territory. The following year they were sued for trespassing.... Anglers fed up with landowners blocking access to rivers in Madison County Anglers fed up with landowners who fence off access to rivers in Madison County said Monday they were equally miffed that county commissioners haven't taken action to enforce Montana's stream access law. More than a dozen members of the Public Lands/Water Access Association said wealthy landowners are using the guise of keeping livestock on their land to block the public from accessing rivers. They brought photos of multiple strands of barbed wire and electric fencing attached to the guardrails of bridges on county roads over the Ruby River, and fences that were painted orange and posted no trespassing within the public right of way.... Politician seeks probe of nuclear plant A Colorado congressman has asked the Environmental Protection Agency to respond to claims that environmental crimes at the former Rocky Flats nuclear weapons plant were covered up by the Justice Department. The claims are raised in a new book co-written by the foreman of a grand jury that investigated activities at the site in the late 1980s and early 1990s.... Water crisis warnings date to the 1970s Idaho leaders took less than a week to begin paying a water bill the state has largely ignored for 25 years. Warnings in the 1970s didn´t stop Idaho farmers until 1992 from continuing to sink new wells into the Eastern Snake River Plain Aquifer, a 10,000-square-mile underground reservoir running from Ashton to King Hill. The wells were used to turn desert into potato fields.... Beef industry split over allowing Canadian cattle imports The U.S. beef industry is split over a proposal to let young cattle and beef products from Canada into the United States less than one year after an animal in Alberta tested positive for mad cow disease. Cattle raisers say that allowing Canadian cattle into the country would drive prices down and raise the risk that new cases of mad cow disease could occur in the United States. But feedlot operators, who prepare cattle for slaughter and packaging, say it is time to merge all the markets in North America. Mexico still exports live cattle to the United States, and some U.S. beef and cattle are exported to Mexico and Canada. The dispute stems from a proposal by the U.S. Agriculture Department to list Canada as a "minimum risk region" for bovine spongiform encephalopathy, or mad cow disease, a brain-destroying illness.... High noon for Hollywood cowboys The western, killed off in the 1980s by expensive flops such as Heaven’s Gate, which bankrupted United Artists in 1980, is back. A decade after the cowboy film was briefly revived with Oscars for Unforgiven, Clint Eastwood’s revisionist version of the old west, it is high noon in Hollywood, with a rush of epic tales. Some big guns in moviemaking think the western myth — morality tales of brave men cherishing honour in the vast empty spaces of a promised land — may be a necessary, and financially rewarding, antidote to the relentless news of terrorism and conflict. Eastwood is returning with The Last Ride West. Brad Pitt is to play Jesse James in a film that tells of the outlaw’s life through the eyes of Robert Ford, the assassin who shot him in the back....
Agency to Reconsider Protection of Bird The U.S. Fish and Wildlife Service said Monday it will reconsider its protection of the western snowy plover, a nesting shorebird whose status as a federally threatened species has forced beach closings each spring and summer from southern Washington to southern Baja. The bird was listed under the federal Endangered Species Act in 1993, but a recent lawsuit and petitions contend it is genetically identical to inland populations. Populations must be threatened and a distinct species to qualify for protection. The agency said the argument against protecting the plovers is based primarily on an unpublished 2001 master's thesis that showed no significant genetic difference between the coastal and inland populations. The original threatened designation was based on the fact the populations breed in different locations.... Lawmakers vote to put Colorado back in the presidential horse race Frustrated after being left behind in this year's presidential races, a Senate committee voted Monday to make Colorado's presidential caucus the second in the nation four years from now. Lawmakers said they expect other states to join Colorado as they clamor for attention and move to front-load the presidential selection process. Sen. Doug Lamborn, R-Colorado Springs, said none of the candidates has addressed issues important to the West this year, such as management of public lands, protection of endangered species and water. "Those issues are not even on their radar screens," Lamborn told his colleagues.... A Mountain Railroad Spells Death for Grizzlies and Cubs Every day, trains climb a steep mountain corridor between the southern boundary of Glacier National Park and the northern boundary of the Great Bear Wilderness. The corridor is at the heart of the continent's wildest landscape, and it is prime bear habitat. In some 24-hour periods, up to 42 milelong trains use the line. Every once in a while, a grizzly runs or wanders onto the tracks and is hit by a locomotive. The threat to the grizzlies has fueled a dispute between the railroad, which says it has done all it can to protect the bears, and some wildlife experts, who say it should try harder. At least 32 bears, including 9 cubs, have been killed by trains since 1980. Three died last year.... Climate Debate Gets Its Icon: Mt. Kilimanjaro Campaigners from Greenpeace, the environmental group, scaled the mountain in November 2002 and held a news conference via satellite with reporters at climate-treaty talks in Morocco. Last October, Senator John McCain, the Arizona Republican who is co-author of a bill to curb greenhouse gases, displayed before-and-after photographs of Kilimanjaro during a Senate debate. A British scientist proposed hanging white fabric over the glacier's ragged 10-story-tall edges to block sunlight and stem the erosion. But now the pendulum has swung. This month, the mountain was taken up as a symbol of eco-alarmism by a cluster of scientists and anti-regulation groups. "Snow Fooling!: Mount Kilimanjaro's glacier retreat is not related to global warming," read a newsletter distributed on March 9 by the Greening Earth Society, a private group financed by industries dealing in fossil fuels, the dominant source of the heat-trapping gases. "Media and scientists blame human activity, but a 120-year-old natural climate shift is the cause.".... Column: Alabama has become the site of the largest extinction in United States Sixty-one percent of the nation's mussels live in Alabama. As we're blessed with more waterways than any other state, I guess that's not surprising. Further, more than 40 percent of the nation's snails live in Alabama. More than 350 species of mussels and snails (freshwater) are found in Alabama. So where is this leading? Alabama is the global hotspot for hundreds of aquatic animals. Consequently, as Alabama has progressed, we have become the site of the largest extinction in the history of the United States. According to Paul Hartfield, endangered species biologist for the U.S. Fish and Wildlife Service, we have that lethal distinction because of our incessant practice of damming rivers. In the past few years, nearly 50 snail and mussel species were lost.... Column: The Siege of the Sierra Club In 1998, anti-immigrant activists forced the Sierra Club to put a referendum on immigration on the annual membership ballot. Having been blamed for every other sin under the sun, immigrants were now to be scapegoated for our environmental problems as well. By the time the Club's membership had voted the measure down, a lot of participants were embittered, and the environmental movement was tarnished in the eyes of many onlookers. The 1990s saw the rise of the environmental justice movement, which did address environmental racism -- just who gets poisoned by dumps and incinerators, among other things -- but the mainstream environmental movement is not always so good at the racial politics that lurk within its own priorities and assumptions. Still, this is a long way from the politics of the anti-immigration activists attempting an openly hostile takeover of the Club, with three candidates for the March board elections looking to form a majority with some of the more dubious current board members, and various outside organizations -- some clearly racist and white-supremacist -- encouraging their members to join the Club and sway the vote. "Without a doubt, the Sierra Club is the subject of a hostile takeover attempt by forces allied with ... a variety of right-wing extremists," said the Southern Poverty Law Center in a warning letter. "They hope to use the credibility of the Club as a cover to advance their own extremist views.".... Truth must be ultimate weapon for Sierra Club Mark Twain said, "A lie can travel halfway round the world while the truth is putting on its shoes." It's astonishing how the media have been stampeded into a feeding frenzy by mostly one-sided stories charging that an army of racist, anti-immigrant, animal-loving vegetarians is about to take over the venerable Sierra Club. As a 35-year member of the club, I am pained to see such distortion. In recent years, the environmental movement has lacked courage to address the root cause of most environmental problems: rapid and apparently endless U.S. population growth. With our high levels of consumption, we Americans are stealing the resources of the world from other species, other peoples and future generations.... Beluga deaths may imperil Cook Inlet subsistence hunt Biologists say so many beluga whales died last year in upper Cook Inlet that Alaska Natives should forgo a subsistence hunt next summer. But representatives of two Cook Inlet Native whale hunting organizations said they have misgivings about suspending the small annual hunt only four years after it resumed.... Park Service jet-setters grounded The National Park Service wants to cut park hours and visitor services to save scarce funding, yet has spent nearly $100 million on travel, including foreign junkets to China, Japan, Africa, France and Russia since 2002. Globe-trotting employees held meetings, attended conferences and gave presentations during their trips, but the practice has angered lawmakers, who say they are pulling the plug on the agency's travel program.... Another 50 bison sent to slaughter The last 50 bison captured in Yellowstone National Park have been shipped to slaughter, spokeswoman Cheryl Matthews said Monday. That work was completed Friday and brought the total number of dead bison this winter up to 264. No more bison were captured over the weekend. The National Park Service is holding another 198 animals that have tested negative for exposure to brucellosis. Those bison will be kept until there is enough green grass inside the park to keep them from wandering toward private land to the north.... Feds swat at West Nile in court The federal government is taking a legal swat at the mosquito-transmitted West Nile Virus. But so far coalbed methane gas drillers are not required to take any swats in the fields where they're constructing hundreds of new ponds -- potential breeding pads for mosquitoes. U.S. Department of Justice attorneys defending the Wyoming Bureau of Land Management's plan for coalbed methane development in the Powder River Basin are expected to fight against a motion to add West Nile Virus to a long list of alleged legal deficiencies in the plan.... Ruling upholds claims of Western Shoshone elders A commission dedicated to human rights has issued a favorable ruling in the case of two American Indian elders who have waged a decades-long battle against the United State’s government over treaty rights. Problem is, the ruling has no legal authority in America. Western Shoshone sisters Mary and Carrie Dann are horse ranchers in Nevada. In the early 1970’s, the Bureau of Land Management hit them up for grazing fees and permits. The Dann sisters argued that they are exempt because they are on Western Shoshone territory. The following year they were sued for trespassing.... Anglers fed up with landowners blocking access to rivers in Madison County Anglers fed up with landowners who fence off access to rivers in Madison County said Monday they were equally miffed that county commissioners haven't taken action to enforce Montana's stream access law. More than a dozen members of the Public Lands/Water Access Association said wealthy landowners are using the guise of keeping livestock on their land to block the public from accessing rivers. They brought photos of multiple strands of barbed wire and electric fencing attached to the guardrails of bridges on county roads over the Ruby River, and fences that were painted orange and posted no trespassing within the public right of way.... Politician seeks probe of nuclear plant A Colorado congressman has asked the Environmental Protection Agency to respond to claims that environmental crimes at the former Rocky Flats nuclear weapons plant were covered up by the Justice Department. The claims are raised in a new book co-written by the foreman of a grand jury that investigated activities at the site in the late 1980s and early 1990s.... Water crisis warnings date to the 1970s Idaho leaders took less than a week to begin paying a water bill the state has largely ignored for 25 years. Warnings in the 1970s didn´t stop Idaho farmers until 1992 from continuing to sink new wells into the Eastern Snake River Plain Aquifer, a 10,000-square-mile underground reservoir running from Ashton to King Hill. The wells were used to turn desert into potato fields.... Beef industry split over allowing Canadian cattle imports The U.S. beef industry is split over a proposal to let young cattle and beef products from Canada into the United States less than one year after an animal in Alberta tested positive for mad cow disease. Cattle raisers say that allowing Canadian cattle into the country would drive prices down and raise the risk that new cases of mad cow disease could occur in the United States. But feedlot operators, who prepare cattle for slaughter and packaging, say it is time to merge all the markets in North America. Mexico still exports live cattle to the United States, and some U.S. beef and cattle are exported to Mexico and Canada. The dispute stems from a proposal by the U.S. Agriculture Department to list Canada as a "minimum risk region" for bovine spongiform encephalopathy, or mad cow disease, a brain-destroying illness.... High noon for Hollywood cowboys The western, killed off in the 1980s by expensive flops such as Heaven’s Gate, which bankrupted United Artists in 1980, is back. A decade after the cowboy film was briefly revived with Oscars for Unforgiven, Clint Eastwood’s revisionist version of the old west, it is high noon in Hollywood, with a rush of epic tales. Some big guns in moviemaking think the western myth — morality tales of brave men cherishing honour in the vast empty spaces of a promised land — may be a necessary, and financially rewarding, antidote to the relentless news of terrorism and conflict. Eastwood is returning with The Last Ride West. Brad Pitt is to play Jesse James in a film that tells of the outlaw’s life through the eyes of Robert Ford, the assassin who shot him in the back....
DIAMOND BAR CATTLE COMPANY
PRESS RELEASE
Lif Strand (505) 773-4897 lif@catroncounty.org
FOR IMMEDIATE RELEASE
CATRON COUNTY COMMISSION SAYS ENVIRONMENTALISTS RESPONSIBLE FOR DIAMOND BAR FIGHT
March 22, 2004 RESERVE, NM - In the wake of the arrest of Kit Laney of the Diamond Bar Ranch, the Catron County Commission has chosen to speak out for the first time on the actions of the U.S. Forest Service and the effects of those actions upon the county at large.
The history of the Laney situation provides a key to understanding Catron County's position. Kit and Sherry Laney invested their life savings, their inheritance and lives on a cattle ranch that was largely dependent upon a U.S. Forest Service grazing permit. Originally the Forest Service made promises, commitments and agreements in writing with the Laneys, who would not have invested in the Diamond Bar without those commitments. Due to pressures brought to bear on the USFS by environmental groups, the Forest Service later reneged on those promises, reducing cattle numbers on the Diamond Bar to the point of financially ruining the Laneys.
In the past 10 years Catron County ranchers have lost grazing rights for over 25,000 head of cattle, causing the county to lose over one million dollars per year in revenues. This, combined with the virtual extermination of any forest thinning has devastated Catron County, causing not only financial ruin, but loss of custom and cultures.
"For the past 20 years the U.S. Forest Service has been held hostage by extreme environmental groups in the name of protection of the environment, whereas ranchers are the actual stewards of the land and have been for generations," said Rufus Choate, commissioner for District 1. "These groups who claim to be champions of the environment are slowly destroying our public lands."
In the past two years alone well over 200,000 acres have been destroyed by catastrophic wildfires in Catron County. These fires, with temperatures of over 2000° F, sterilize the soil, destroy habitat for wildlife and endangered species, pollute streams and watersheds, and take a century to come back. Fires have reached catastrophic proportions because environmentalists have halted forest restoration work in Catron County, filing lawsuits against the very forest restoration programs that would save the forests.
"Environmentalist are trying to make our public lands one use only their use," said Ed Wehrheim, chairman of the commission. "The Catron County Commission feels that the Laneys and other Catron County ranchers are victims of this power struggle between environmental groups and the American public that has the right to use these lands. "
Catron County intends to take every legal means possible to defend multiple use of public lands.
"We are the true environmentalist here," Wehrheim said. "We are here to protect the environment now and for generations to come."
###
Lif Strand
for Catron County Commission
(505) 773-4897
lif@catroncounty.org
Letter to the Editor March 18, 2004
KIT LANEY VS. USFS
Having been present at the arraignment hearing for rancher Kit Laney on March 16, prompts me to focus on some important points in this lengthy legal battle, missed by the press.
USFS Special Agent Douglas Charles Roe, who testified against rancher Kit Laney, stated that he was hired by the USFS in November 2003 and was assigned as case agent on the Diamond Bar Ranch. He also stated that he had never spoken to Kit Laney and when asked if he knew the history of this case, Roe said he had been given the 1996 court case to read. Roe also testified that he had never been in the area where the alleged assault happened. In court, he used three photographs which depict the area, but these were sent to him via email. Clearly said, he was not present when the alleged assault took place. Everything he knew about it was told to him by USFS LEOs (United States Forest Service Law Enforcement Officers) Christopher Boehm, DeWayne Ross, and Patrol Captain Mike Reamer. Listening to some of Roe's phrases like; "I can't tell you right now, I think it was officer Reamer..." made eveyone present wonder about the legitimacy of his testimony.
According to Webster's dictionary a witness is; "someone who has personal knowledge or direct cognizance: see for oneself." On more than one occasion, Jane Greek, a federal public defender, who represented Kit Laney in the absence of his attorney, objected to what sounded like an embellished tale by Roe. Twice, U.S. Magistrate Judge Karen Molzen asked Roe; "How do you know that?"
When Jane Greek asked that Kit Laney's attorney, who was on stand-by, be heard via telephone conference call, U.S. Attorney John Crews acting on behalf of the USFS stated that this is against the law. Really? What about bringing someone into court as a witness who was not present, did not see anything, and did not hear anything? Isn't that against the law? During a recess, I learned that USFS LEOs can be witnesses based on hearsay evidence. Interesting. You are the average Joe, have been on the job for only four months, are armed with (according to Roe's testimony) a Glock pistol, a rifle, extra ammo, a baton, pepper spray, and other necessary law enforcement items, you have no clue as to the legal circumstances of this 18 year long case, yet you feel entirely confidant and are allowed to testify in Federal Court.
This is without a doubt a travesty of justice. Not just the most recent alleged assault charge, but the entire legal history of the Diamond Bar Ranch.
The incredible recent actions by the USFS need to be made public. Private landowners within the Gila National Forest are requested to have a permit issued by the USFS to go to their private homes on private land. I have been repeatedly denied a permit to visit my friends who live in that area. A week ago, I was denied access to the Gila National Forest, in spite of me stating to the Public Information Officer, that I have been taking European visitors to the area for many years and want to do so at this time. Even the County Sheriff was recently challenged by a USFS Ranger to get a permit in order to go into the Gila National Forest , which is public land.
It is high time that we rein in these runaway government agencies who appoint themselves lords of the land and at the same time judge, jury, and executioner. I have not yet been able to find a congressional mandate for the USFS to have law enforcement authority.
Unbeknownst to most people, this case started on a cool September evening in 1986. At the time I was staying at the Diamond Bar Ranch headquarters in Black Canyon. The USFS had just informed the Laneys that Road 61 would be closed. It was Kit Laney who asked us to stay calm about the whole situation and to work it out within the given legal framework. Therefore, people put together a petition, which in turn was presented to the USFS and the road stayed open. It was four years ago that I witnessed the hospitality extended to USFS personnel by the Laneys. The USFS was working on a land survey near Black Canyon. It was a hot summer day when two USFS employees were invited in for lemonade and ice tea. I sat at the table with them. In 18 years time, Kit Laney had ample opportunity to "get into it" with USFS personnel, yet he always stayed respectful.
Based on doing business with Kit Laney I know that his number one concern is the welfare of his cattle, especially his calves. A few days ago, a neighboring rancher who lives within a short distance of the corrals, set up by the USFS on the Diamond Bar allotment, told the Laneys of the endless bawling of corraled mother cows. Kit suspected that newborn calves had been separated from their mothers and he went to check on his cattle, which then led to his arrest on Sunday March 14. The contractor hired by the USFS is only getting paid for every cow he rounds up. Without a doubt, newborn calves that are unable to walk long distances in the rough terrain of the Gila, are left behind.
So Kit is a superb cowman - what about Kit, the person? In 1999, my daughter at the age of 13 asked to go and ride, work cattle, and camp out with him, I did not hesitate for one moment to let her go because you cannot find a more decent, caring, and honest man than Kit Laney.
Then why, you wonder, is one of the leading NM newspapers headlines screaming: "Jail, no bail, for rancher?" Kit Laney was denied bail on Monday March 16 by U.S. Magistrate Judge Karen Molzen because he is not a murderer, a rapist, nor a drug dealer. Kit Laney, who up to this point had an unblemished record, was in court on one count of assault and had no witness, since Mr. Bojangles (his horse) does not talk. In court, Kit did not speak on his behalf and was faced with a fake government witness. Therefore, everyone present, including the judge, heard only one side of the story.
Our courts will set bond for any hardcore criminal, yet will not set bond for the honest man who bucks, rightfully so, the illegal intrusion by the Federal Government.
Monika Helbling, PO Box 634, Pie Town NM 87827, 505 772 2550, rabbitbrushranch@yahoo.com
Rancher requests Greenlee's help
By John Kamin, assistant editor
Martinez and Hickey ranches owner Dan Martinez and his legal adviser, Wray Schildnecht, asked the Greenlee County Board of Supervisors to help him uphold state law on March 16.
Martinez gave a presentation to explain his position in a debate with the U.S. Forest Service over who really owns portions of the two properties. He owns the Martinez and Hickey ranches and grazes on the allotments. The U.S. Forest Service's grazing allotment fees and reductions in the number of cattle allowed on the allotment are part of the reason for the debate.
"If the Forest Service wants to impound my cattle and charge me with trespassing, they must follow the laws of the state," Martinez said. "They have to go to state court for that."
In February, Schildnecht told the Courier that Martinez "filed a Constructive Notice to the Forest Service, giving them notice that he owned the vested-fee interest and that it is private property under the jurisdiction of the state of Arizona."
A situation similar to the cattle removal with Kit and Sherry Laney in New Mexico could happen in Greenlee County if Martinez loses his grazing privileges. The removal was the result of a Dec. 18 decision by Federal Judge William P. Johnson.
According to a news release from the Center for Biological Diversity, Johnson "held the Diamond Bar and Laney Cattle companies, and their owners Kit and Sherry Laney, in contempt for violating the court's December 1996 livestock removal order."
During Tuesday's board meeting, Schildnecht referred to the Laney case and said the executive director of the New Mexico State Livestock Board signed a Memorandum of Understanding with the Forest Service without consulting the rest of the board.
"The executive director did not have the authority to do that," he said. The memorandum allowed the Forest Service to remove and sell the Laney cattle. Before the removal started, Catron County Sheriff John Snyder said he would stop the removal because of his duty to uphold state laws conflicting with it. That is what Martinez would like the Greenlee County Sheriff's Department to do, if the situation occurs.
The Laneys lost grazing privileges in federal court last December, but Martinez and other ranching advocates are saying the case could be won in state court.
New Mexico State University Associate Professor Angus McIntosh said, "Most land in the U.S. exists in a split estate." He said laws that separate water rights, easements and mineral rights from the actual property itself are at the heart of this type of legal argument.
McIntosh used the stretch of Highway 70 east of Safford as an example. He pointed out that while the land was federally owned before the highway existed, the federal agency owning the land gave the state of Arizona an easement to build the highway on its land.
"Once Congress granted that easement, that easement became the property of the state," he said. "An easement is private property, even though it may cross over land that the federal government owns. . . The federal district court doesn't have the jursidiction to rule what is defined as property."
Martinez quoted the 1839 Wilcox v. Jackson ruling as saying "whensoever a tract of land shall have been once legally appropriated to any purpose, from that moment, the land thus appropriated becomes severed from the mass of public lands."
Greenlee County owns the rights of several roads that the Forest Service claims jurisdiction over (when they close the roads), he said.
Martinez noted that some of these rights are referred to as Vested Property Rights. These were granted to ranchers by federal adjudicators in the late 1800s and early 1900s to help settle land disputes. This included easements addressing grazing paths, water rights and more.
Schildnecht said the Tenth Circuit Court of Appeals (from the Laney case) never questioned this. Martinez said he has had these easements passed down through his family for several generations.
Forest Service Public Information Officer Andrea Martinez and other officials have told the Courier numerous times that the land in question is still owned and must be regulated by the Forest Service. The federal agency has held strong on its stance that it maintains jurisdiction over the grazing allotments and its right to revoke permits for the allotments or reduce the number of cattle on them.
Andrea Martinez also told the Courier about 250 cattle have been gathered as of last Friday.
An update on Kit Laney
Kit Laney was arrested for interfering with the duties of a federal law officer on March 14. U.S. Forest Service Law Enforcement Officer Chris Boehm filed a complaint on March 15 that said Laney "forcibly assaulted, resisted, opposed, impeded, intimidated and interfered with Federal Law Enforcement Officers who were engaged in or on account of the performance of their official duties."
U.S. Magistrate Karen B. Molzen denied Laney's request to be released on a bail bond Tuesday.
McIntosh said, "The bottom line is that because the judge feels Kit ignored the previous court order to remove his cattle from the allotment, the judge did not believe he would abide by any bail conditions requiring him to stay away from the allotment. Therefore, he will not be released on bail. So, if he is released on bail, it will only be under third-party custody (house arrest with someone who lives a long way from National Forest) or they will keep him in jail until the FS (Forest Service) is done with their confiscation."
To contact John Kamin, call 428-2560 (ext. 240) or e-mail him at johnk@eacourier.com.
PRESS RELEASE
Lif Strand (505) 773-4897 lif@catroncounty.org
FOR IMMEDIATE RELEASE
CATRON COUNTY COMMISSION SAYS ENVIRONMENTALISTS RESPONSIBLE FOR DIAMOND BAR FIGHT
March 22, 2004 RESERVE, NM - In the wake of the arrest of Kit Laney of the Diamond Bar Ranch, the Catron County Commission has chosen to speak out for the first time on the actions of the U.S. Forest Service and the effects of those actions upon the county at large.
The history of the Laney situation provides a key to understanding Catron County's position. Kit and Sherry Laney invested their life savings, their inheritance and lives on a cattle ranch that was largely dependent upon a U.S. Forest Service grazing permit. Originally the Forest Service made promises, commitments and agreements in writing with the Laneys, who would not have invested in the Diamond Bar without those commitments. Due to pressures brought to bear on the USFS by environmental groups, the Forest Service later reneged on those promises, reducing cattle numbers on the Diamond Bar to the point of financially ruining the Laneys.
In the past 10 years Catron County ranchers have lost grazing rights for over 25,000 head of cattle, causing the county to lose over one million dollars per year in revenues. This, combined with the virtual extermination of any forest thinning has devastated Catron County, causing not only financial ruin, but loss of custom and cultures.
"For the past 20 years the U.S. Forest Service has been held hostage by extreme environmental groups in the name of protection of the environment, whereas ranchers are the actual stewards of the land and have been for generations," said Rufus Choate, commissioner for District 1. "These groups who claim to be champions of the environment are slowly destroying our public lands."
In the past two years alone well over 200,000 acres have been destroyed by catastrophic wildfires in Catron County. These fires, with temperatures of over 2000° F, sterilize the soil, destroy habitat for wildlife and endangered species, pollute streams and watersheds, and take a century to come back. Fires have reached catastrophic proportions because environmentalists have halted forest restoration work in Catron County, filing lawsuits against the very forest restoration programs that would save the forests.
"Environmentalist are trying to make our public lands one use only their use," said Ed Wehrheim, chairman of the commission. "The Catron County Commission feels that the Laneys and other Catron County ranchers are victims of this power struggle between environmental groups and the American public that has the right to use these lands. "
Catron County intends to take every legal means possible to defend multiple use of public lands.
"We are the true environmentalist here," Wehrheim said. "We are here to protect the environment now and for generations to come."
###
Lif Strand
for Catron County Commission
(505) 773-4897
lif@catroncounty.org
Letter to the Editor March 18, 2004
KIT LANEY VS. USFS
Having been present at the arraignment hearing for rancher Kit Laney on March 16, prompts me to focus on some important points in this lengthy legal battle, missed by the press.
USFS Special Agent Douglas Charles Roe, who testified against rancher Kit Laney, stated that he was hired by the USFS in November 2003 and was assigned as case agent on the Diamond Bar Ranch. He also stated that he had never spoken to Kit Laney and when asked if he knew the history of this case, Roe said he had been given the 1996 court case to read. Roe also testified that he had never been in the area where the alleged assault happened. In court, he used three photographs which depict the area, but these were sent to him via email. Clearly said, he was not present when the alleged assault took place. Everything he knew about it was told to him by USFS LEOs (United States Forest Service Law Enforcement Officers) Christopher Boehm, DeWayne Ross, and Patrol Captain Mike Reamer. Listening to some of Roe's phrases like; "I can't tell you right now, I think it was officer Reamer..." made eveyone present wonder about the legitimacy of his testimony.
According to Webster's dictionary a witness is; "someone who has personal knowledge or direct cognizance: see for oneself." On more than one occasion, Jane Greek, a federal public defender, who represented Kit Laney in the absence of his attorney, objected to what sounded like an embellished tale by Roe. Twice, U.S. Magistrate Judge Karen Molzen asked Roe; "How do you know that?"
When Jane Greek asked that Kit Laney's attorney, who was on stand-by, be heard via telephone conference call, U.S. Attorney John Crews acting on behalf of the USFS stated that this is against the law. Really? What about bringing someone into court as a witness who was not present, did not see anything, and did not hear anything? Isn't that against the law? During a recess, I learned that USFS LEOs can be witnesses based on hearsay evidence. Interesting. You are the average Joe, have been on the job for only four months, are armed with (according to Roe's testimony) a Glock pistol, a rifle, extra ammo, a baton, pepper spray, and other necessary law enforcement items, you have no clue as to the legal circumstances of this 18 year long case, yet you feel entirely confidant and are allowed to testify in Federal Court.
This is without a doubt a travesty of justice. Not just the most recent alleged assault charge, but the entire legal history of the Diamond Bar Ranch.
The incredible recent actions by the USFS need to be made public. Private landowners within the Gila National Forest are requested to have a permit issued by the USFS to go to their private homes on private land. I have been repeatedly denied a permit to visit my friends who live in that area. A week ago, I was denied access to the Gila National Forest, in spite of me stating to the Public Information Officer, that I have been taking European visitors to the area for many years and want to do so at this time. Even the County Sheriff was recently challenged by a USFS Ranger to get a permit in order to go into the Gila National Forest , which is public land.
It is high time that we rein in these runaway government agencies who appoint themselves lords of the land and at the same time judge, jury, and executioner. I have not yet been able to find a congressional mandate for the USFS to have law enforcement authority.
Unbeknownst to most people, this case started on a cool September evening in 1986. At the time I was staying at the Diamond Bar Ranch headquarters in Black Canyon. The USFS had just informed the Laneys that Road 61 would be closed. It was Kit Laney who asked us to stay calm about the whole situation and to work it out within the given legal framework. Therefore, people put together a petition, which in turn was presented to the USFS and the road stayed open. It was four years ago that I witnessed the hospitality extended to USFS personnel by the Laneys. The USFS was working on a land survey near Black Canyon. It was a hot summer day when two USFS employees were invited in for lemonade and ice tea. I sat at the table with them. In 18 years time, Kit Laney had ample opportunity to "get into it" with USFS personnel, yet he always stayed respectful.
Based on doing business with Kit Laney I know that his number one concern is the welfare of his cattle, especially his calves. A few days ago, a neighboring rancher who lives within a short distance of the corrals, set up by the USFS on the Diamond Bar allotment, told the Laneys of the endless bawling of corraled mother cows. Kit suspected that newborn calves had been separated from their mothers and he went to check on his cattle, which then led to his arrest on Sunday March 14. The contractor hired by the USFS is only getting paid for every cow he rounds up. Without a doubt, newborn calves that are unable to walk long distances in the rough terrain of the Gila, are left behind.
So Kit is a superb cowman - what about Kit, the person? In 1999, my daughter at the age of 13 asked to go and ride, work cattle, and camp out with him, I did not hesitate for one moment to let her go because you cannot find a more decent, caring, and honest man than Kit Laney.
Then why, you wonder, is one of the leading NM newspapers headlines screaming: "Jail, no bail, for rancher?" Kit Laney was denied bail on Monday March 16 by U.S. Magistrate Judge Karen Molzen because he is not a murderer, a rapist, nor a drug dealer. Kit Laney, who up to this point had an unblemished record, was in court on one count of assault and had no witness, since Mr. Bojangles (his horse) does not talk. In court, Kit did not speak on his behalf and was faced with a fake government witness. Therefore, everyone present, including the judge, heard only one side of the story.
Our courts will set bond for any hardcore criminal, yet will not set bond for the honest man who bucks, rightfully so, the illegal intrusion by the Federal Government.
Monika Helbling, PO Box 634, Pie Town NM 87827, 505 772 2550, rabbitbrushranch@yahoo.com
Rancher requests Greenlee's help
By John Kamin, assistant editor
Martinez and Hickey ranches owner Dan Martinez and his legal adviser, Wray Schildnecht, asked the Greenlee County Board of Supervisors to help him uphold state law on March 16.
Martinez gave a presentation to explain his position in a debate with the U.S. Forest Service over who really owns portions of the two properties. He owns the Martinez and Hickey ranches and grazes on the allotments. The U.S. Forest Service's grazing allotment fees and reductions in the number of cattle allowed on the allotment are part of the reason for the debate.
"If the Forest Service wants to impound my cattle and charge me with trespassing, they must follow the laws of the state," Martinez said. "They have to go to state court for that."
In February, Schildnecht told the Courier that Martinez "filed a Constructive Notice to the Forest Service, giving them notice that he owned the vested-fee interest and that it is private property under the jurisdiction of the state of Arizona."
A situation similar to the cattle removal with Kit and Sherry Laney in New Mexico could happen in Greenlee County if Martinez loses his grazing privileges. The removal was the result of a Dec. 18 decision by Federal Judge William P. Johnson.
According to a news release from the Center for Biological Diversity, Johnson "held the Diamond Bar and Laney Cattle companies, and their owners Kit and Sherry Laney, in contempt for violating the court's December 1996 livestock removal order."
During Tuesday's board meeting, Schildnecht referred to the Laney case and said the executive director of the New Mexico State Livestock Board signed a Memorandum of Understanding with the Forest Service without consulting the rest of the board.
"The executive director did not have the authority to do that," he said. The memorandum allowed the Forest Service to remove and sell the Laney cattle. Before the removal started, Catron County Sheriff John Snyder said he would stop the removal because of his duty to uphold state laws conflicting with it. That is what Martinez would like the Greenlee County Sheriff's Department to do, if the situation occurs.
The Laneys lost grazing privileges in federal court last December, but Martinez and other ranching advocates are saying the case could be won in state court.
New Mexico State University Associate Professor Angus McIntosh said, "Most land in the U.S. exists in a split estate." He said laws that separate water rights, easements and mineral rights from the actual property itself are at the heart of this type of legal argument.
McIntosh used the stretch of Highway 70 east of Safford as an example. He pointed out that while the land was federally owned before the highway existed, the federal agency owning the land gave the state of Arizona an easement to build the highway on its land.
"Once Congress granted that easement, that easement became the property of the state," he said. "An easement is private property, even though it may cross over land that the federal government owns. . . The federal district court doesn't have the jursidiction to rule what is defined as property."
Martinez quoted the 1839 Wilcox v. Jackson ruling as saying "whensoever a tract of land shall have been once legally appropriated to any purpose, from that moment, the land thus appropriated becomes severed from the mass of public lands."
Greenlee County owns the rights of several roads that the Forest Service claims jurisdiction over (when they close the roads), he said.
Martinez noted that some of these rights are referred to as Vested Property Rights. These were granted to ranchers by federal adjudicators in the late 1800s and early 1900s to help settle land disputes. This included easements addressing grazing paths, water rights and more.
Schildnecht said the Tenth Circuit Court of Appeals (from the Laney case) never questioned this. Martinez said he has had these easements passed down through his family for several generations.
Forest Service Public Information Officer Andrea Martinez and other officials have told the Courier numerous times that the land in question is still owned and must be regulated by the Forest Service. The federal agency has held strong on its stance that it maintains jurisdiction over the grazing allotments and its right to revoke permits for the allotments or reduce the number of cattle on them.
Andrea Martinez also told the Courier about 250 cattle have been gathered as of last Friday.
An update on Kit Laney
Kit Laney was arrested for interfering with the duties of a federal law officer on March 14. U.S. Forest Service Law Enforcement Officer Chris Boehm filed a complaint on March 15 that said Laney "forcibly assaulted, resisted, opposed, impeded, intimidated and interfered with Federal Law Enforcement Officers who were engaged in or on account of the performance of their official duties."
U.S. Magistrate Karen B. Molzen denied Laney's request to be released on a bail bond Tuesday.
McIntosh said, "The bottom line is that because the judge feels Kit ignored the previous court order to remove his cattle from the allotment, the judge did not believe he would abide by any bail conditions requiring him to stay away from the allotment. Therefore, he will not be released on bail. So, if he is released on bail, it will only be under third-party custody (house arrest with someone who lives a long way from National Forest) or they will keep him in jail until the FS (Forest Service) is done with their confiscation."
To contact John Kamin, call 428-2560 (ext. 240) or e-mail him at johnk@eacourier.com.
DIAMOND BAR CATTLE COMPANY/W.M. GRIDER'S LETTER TO NM LIVESTOCK BOARD
Welda McKinley Grider
P.O. Box 753
Carrizozo, NM 88301
March 21, 2004
Daniel Manzanares, Executive Director
New Mexico Livestock Board
300 San Mateo NE, Suite 1000
Albuquerque, NM 87108
Mr. Manzanares;
I am the person who after shaking Mr. Delk’s hand at the Brand Board meeting where the Laney Case was discussed told you that you had lied to me.
I spoke with you by phone on or about March 1st, 2004. I introduced myself as a rancher from the Carrizozo area. I stated that I was concerned about the Brand Board’s upcoming consideration of signing the MOU with the Forest Service.
I told you that my father had spoken by phone to Mr. King and that my father had come away from that phone conversation with the understanding that Mr. King had taken a “strong stand in favor of the Laney’s”. You did not comment. (Although I did not hear the conversation, nor was I present. I am merely stating my understanding of that conversation.)
According to the brief notes that I made for myself concerning this conversation, you stated that you were “a ranch boy from the Northern part of the State and you knew too well, the problems of the Forest Service and the troubles ranchers were having in your part of the state.”
You stated the last MOU was signed “in about 1979, about the time I graduated, and it is still in effect, as far as I am concerned”. You said you “were very familiar with the recent Court Order and it didn’t name the New Mexico Brand Board”. You further stated, “Until I get a Court Order specifically naming the Brand Board, I have no intention of signing another MOU”.
You stated further, “If I get a Court Order specifically naming the Brand Board, then I have to protect the Brand Board”. I said I understood that, but at this point it didn’t. I asked if the Board would have to vote on signing a MOU and without hesitation, you agreed the Board would have to vote on such an action, but that I needed to understand if the Board had a Court Order, it would have no recourse but to sign a MOU, but that you didn’t think it would come to that.
You stated that as far as you were personally concerned, the problem lay between the Laney’s and the Forest Service and would not concern the Brand Board in any way. You reminded me that the Brand Board’s main purpose was to protect the owners of a brand. I agreed with that fact.
But upon agreeing with that fact, I stated again that I felt the Forest Service would ask them (the Brand Board) to support the impounding of the cattle in some way and that I wanted to voice my opposition to the Brand Board supporting an action that should be decided in court. I stated my personal beliefs about water rights, allotment rights and etc. You stated you were personally also in support of the Laney’s, as well as other ranchers facing the same problems, again stating that you were a ranch boy from up north.
We ended the phone conversation with my full belief that you would not, unless faced with a court order, without the vote of the Board – sign any MOU or any thing else.
At the Brand Board meeting, while I was listening to the comments during the time allotted by Mr. King for public input, it seemed to me that you were the only person at the head table (s) that was not extremely uncomfortable with the comments from the public.
It was whispered down the hall, that you acted on orders from the Governor himself. Certainly it became clear when Mr. Delk spoke, that the Board had not voted on you signing the MOU. Indeed, it was my understanding that the members of the Brand Board heard about this action about the same time as the public did.
So my statement to you – that you had lied to me, may have been strong language, but to my way of thinking, if a person does not tell the truth, then he has in some way - lied. Quite possibly at the time of our conversation, you were telling the truth, but the later actions, indicated to me the opposite.
I would be willing to hear your side of the story. I would ask you to answer several questions.
Is my rendition of our phone conversation incorrect in any way? If I misunderstood a point would you please set me straight?
Were you in receipt of a different Court Order?
If not, how did that Court Order affect your decision?
Was the Board informed prior to you signing the MOU?
Did the Board vote on this action? If so, what was the consensus of that vote and when was it taken?
If the Board was not informed and if it did not vote – then by what authority did you sign the MOU?
I await your reply and I thank you in advance for your consideration into this matter. I still support property rights set forth by the constitution, by the laws of the State of New Mexico, by the Taylor Grazing Act and the Gualdalupe/Hilgado Treaty. I am not in support of regulations imposed by governmental agencies that do not comply with the laws of the land. I remind you that Hage vs. US upheld private property rights. I remind you that the New Mexico Brand Board, by your own words, “main function was to support the owners of a brand. “
Sincerely,
/s/
Welda McKinley Grider
Cc: Joe Delk
Members of the New Mexico Livestock Board
Don L. Lee, President of New Mexico Cattle Growers Assn.
Caren Cowen, Executive Director of New Mexico Cattle Growers Assn.
Steve Pearce
Kit Laney
Ronnie Merritt
Frank Du Bois
Welda McKinley Grider
P.O. Box 753
Carrizozo, NM 88301
March 21, 2004
Daniel Manzanares, Executive Director
New Mexico Livestock Board
300 San Mateo NE, Suite 1000
Albuquerque, NM 87108
Mr. Manzanares;
I am the person who after shaking Mr. Delk’s hand at the Brand Board meeting where the Laney Case was discussed told you that you had lied to me.
I spoke with you by phone on or about March 1st, 2004. I introduced myself as a rancher from the Carrizozo area. I stated that I was concerned about the Brand Board’s upcoming consideration of signing the MOU with the Forest Service.
I told you that my father had spoken by phone to Mr. King and that my father had come away from that phone conversation with the understanding that Mr. King had taken a “strong stand in favor of the Laney’s”. You did not comment. (Although I did not hear the conversation, nor was I present. I am merely stating my understanding of that conversation.)
According to the brief notes that I made for myself concerning this conversation, you stated that you were “a ranch boy from the Northern part of the State and you knew too well, the problems of the Forest Service and the troubles ranchers were having in your part of the state.”
You stated the last MOU was signed “in about 1979, about the time I graduated, and it is still in effect, as far as I am concerned”. You said you “were very familiar with the recent Court Order and it didn’t name the New Mexico Brand Board”. You further stated, “Until I get a Court Order specifically naming the Brand Board, I have no intention of signing another MOU”.
You stated further, “If I get a Court Order specifically naming the Brand Board, then I have to protect the Brand Board”. I said I understood that, but at this point it didn’t. I asked if the Board would have to vote on signing a MOU and without hesitation, you agreed the Board would have to vote on such an action, but that I needed to understand if the Board had a Court Order, it would have no recourse but to sign a MOU, but that you didn’t think it would come to that.
You stated that as far as you were personally concerned, the problem lay between the Laney’s and the Forest Service and would not concern the Brand Board in any way. You reminded me that the Brand Board’s main purpose was to protect the owners of a brand. I agreed with that fact.
But upon agreeing with that fact, I stated again that I felt the Forest Service would ask them (the Brand Board) to support the impounding of the cattle in some way and that I wanted to voice my opposition to the Brand Board supporting an action that should be decided in court. I stated my personal beliefs about water rights, allotment rights and etc. You stated you were personally also in support of the Laney’s, as well as other ranchers facing the same problems, again stating that you were a ranch boy from up north.
We ended the phone conversation with my full belief that you would not, unless faced with a court order, without the vote of the Board – sign any MOU or any thing else.
At the Brand Board meeting, while I was listening to the comments during the time allotted by Mr. King for public input, it seemed to me that you were the only person at the head table (s) that was not extremely uncomfortable with the comments from the public.
It was whispered down the hall, that you acted on orders from the Governor himself. Certainly it became clear when Mr. Delk spoke, that the Board had not voted on you signing the MOU. Indeed, it was my understanding that the members of the Brand Board heard about this action about the same time as the public did.
So my statement to you – that you had lied to me, may have been strong language, but to my way of thinking, if a person does not tell the truth, then he has in some way - lied. Quite possibly at the time of our conversation, you were telling the truth, but the later actions, indicated to me the opposite.
I would be willing to hear your side of the story. I would ask you to answer several questions.
Is my rendition of our phone conversation incorrect in any way? If I misunderstood a point would you please set me straight?
Were you in receipt of a different Court Order?
If not, how did that Court Order affect your decision?
Was the Board informed prior to you signing the MOU?
Did the Board vote on this action? If so, what was the consensus of that vote and when was it taken?
If the Board was not informed and if it did not vote – then by what authority did you sign the MOU?
I await your reply and I thank you in advance for your consideration into this matter. I still support property rights set forth by the constitution, by the laws of the State of New Mexico, by the Taylor Grazing Act and the Gualdalupe/Hilgado Treaty. I am not in support of regulations imposed by governmental agencies that do not comply with the laws of the land. I remind you that Hage vs. US upheld private property rights. I remind you that the New Mexico Brand Board, by your own words, “main function was to support the owners of a brand. “
Sincerely,
/s/
Welda McKinley Grider
Cc: Joe Delk
Members of the New Mexico Livestock Board
Don L. Lee, President of New Mexico Cattle Growers Assn.
Caren Cowen, Executive Director of New Mexico Cattle Growers Assn.
Steve Pearce
Kit Laney
Ronnie Merritt
Frank Du Bois
DIAMOND BAR CATTLE COMPANY
Note: The Paragon Foundation has put out an email stating the Laney hearing will be Wednesday at 1:00pm
Laney due in court today
The New Mexico rancher arrested March 14 for allegedly interfering with officers of the U.S. Forest Service in the Gila National Forest is scheduled to return to federal court today for a motion to reconsider his pre-trial detention. He has been jailed at the Doña Ana County Detention Center since his arrest.
Kit Laney, 43, has been charged with felony assault and interfering with law enforcement officers, a misdemeanor. Forest Service officers and hired help were rounding up Laney’s cattle to remove them from the 143,000-acre allotment Laney operated when the incident occurred.
Marcia Andre, forest supervisor of the Gila National Forest, explained why the Forest Service took action.
“Kit and Sherry Laney knowingly put livestock onto the Gila National Forest without a grazing permit in the spring of 2003,” Andre said. “They did this despite a court order issued in 1997 that clearly said they could not do so. That order was appealed by the Laneys to the U.S. 10th Circuit Court of Appeals, which affirmed the order.”
There are two accounts of what happened that Sunday night before Laney was arrested.
Sherry Laney, Kit Laney’s ex-wife, said Kit told her the March 14 incident did not occur as reported by the Forest Service officers in federal court.
“Kit said he did not gallop toward the officers,” Sherry Laney said. “Kit said as he approached the men one of the officers swung a flashlight at the head of his horse.”
Another portion of the officers’ account was amusing to friends and neighbors.
Many of those in court who heard the officers’ account of the incident laughed when they heard that Laney supposedly swore at the officers.
“I’ve never heard him swear,” said Laura Schneberger, a longtime friend and neighbor of Laney. “I’ve sworn in front of him and he gives me a look (of disapproval). He doesn’t like that kind of language.”
Laney has been tangled in a legal web since 1996 regarding his rights to the property. He owns the grazing and water rights, according to Sherry Laney.
Laney was cited by a federal judge for contempt of court in December 2003 for violating the court’s order to remove the cattle after he refused an offered permit because it limited the size of his herd.
“We could not make a living if they cut our herd to under 800 head,” Sherry Laney said.
At last week’s pretrial detention hearing Federal Judge Karen B. Molzen ruled Laney should remain in jail until a way can be found to ensure he will not be a danger to authorities removing his cattle. Jane Greek, Laney’s court appointed attorney, argued a third party custodian is an appropriate condition of release.
Federal prosecutor John G. Crews argued Laney is a flight risk and a danger to the community. Crews asked the judge to keep Laney in custody until all the cattle are removed.
Molzen said she didn’t feel Laney is a flight risk, but she was concerned for the safety of officers if Laney went home.
“I’m pretty optimistic Kit will be out of jail soon,” Sherry Laney said Friday. “Bob Jones has been approved as a third-party custodian.”
Jones is a rancher at the south end of Otero Mesa. Jones would be legally responsible if Laney were to travel back to Catron County before all cattle are removed from his property.
Friday afternoon, Crews filed a supplemental memorandum supporting his argument that Laney is a danger. He indicated in the memorandum at least two threats have been made against family members of Forest Service officers.
“The United States believes those threats occurred after the detention hearing was concluded March 16,” Crews wrote in the memorandum. Crews also asked that future judicial proceeding be assigned to Judge William Johnson.
While Laney has been in jail, his ex-wife and Laney’s brother have been working the family’s Diamond Bar Ranch.
“We’ve got our hands full,” Sherry Laney said. “But I really think things will turn out right.”
Alamogordo-based Paragon Foundation is providing help with legal assistance for Laney. Paragon was formed in the early 1990s to assist those whose civil rights or property rights are in jeopardy.
Paragon’s executive director G.B. Oliver and Joe Delk, a member of the New Mexico Livestock Board, visited the Laney allotment in the Gila National Forest last week.
“I thought based on the fact that not one living soul there knows one end of a cow from another they are doing a pretty good job,” Oliver said. “Some of the cows and their calves have been separated, but that is to be expected. The cattle are being fed and watered.”
Sherry Laney estimated about 200 of the 400 cattle have been rounded up, but doesn’t know where the government plans to take the cattle for sale.
Sherry Laney doesn’t believe the Forest Service has a plan in place for the sale of the herd.
She pointed out there is a lien against on the herd and couldn’t explain how the government can sell the cattle when a lien is pending.
“Right now, Kit is in jail,” Sherry Laney said, “and the cowboys and Forest Service officers are resting. Really, there haven’t done any work in a couple of days.”
T.S. Hopkins can be reached at thopkins@lcsun-news.com
Note: The Paragon Foundation has put out an email stating the Laney hearing will be Wednesday at 1:00pm
Laney due in court today
The New Mexico rancher arrested March 14 for allegedly interfering with officers of the U.S. Forest Service in the Gila National Forest is scheduled to return to federal court today for a motion to reconsider his pre-trial detention. He has been jailed at the Doña Ana County Detention Center since his arrest.
Kit Laney, 43, has been charged with felony assault and interfering with law enforcement officers, a misdemeanor. Forest Service officers and hired help were rounding up Laney’s cattle to remove them from the 143,000-acre allotment Laney operated when the incident occurred.
Marcia Andre, forest supervisor of the Gila National Forest, explained why the Forest Service took action.
“Kit and Sherry Laney knowingly put livestock onto the Gila National Forest without a grazing permit in the spring of 2003,” Andre said. “They did this despite a court order issued in 1997 that clearly said they could not do so. That order was appealed by the Laneys to the U.S. 10th Circuit Court of Appeals, which affirmed the order.”
There are two accounts of what happened that Sunday night before Laney was arrested.
Sherry Laney, Kit Laney’s ex-wife, said Kit told her the March 14 incident did not occur as reported by the Forest Service officers in federal court.
“Kit said he did not gallop toward the officers,” Sherry Laney said. “Kit said as he approached the men one of the officers swung a flashlight at the head of his horse.”
Another portion of the officers’ account was amusing to friends and neighbors.
Many of those in court who heard the officers’ account of the incident laughed when they heard that Laney supposedly swore at the officers.
“I’ve never heard him swear,” said Laura Schneberger, a longtime friend and neighbor of Laney. “I’ve sworn in front of him and he gives me a look (of disapproval). He doesn’t like that kind of language.”
Laney has been tangled in a legal web since 1996 regarding his rights to the property. He owns the grazing and water rights, according to Sherry Laney.
Laney was cited by a federal judge for contempt of court in December 2003 for violating the court’s order to remove the cattle after he refused an offered permit because it limited the size of his herd.
“We could not make a living if they cut our herd to under 800 head,” Sherry Laney said.
At last week’s pretrial detention hearing Federal Judge Karen B. Molzen ruled Laney should remain in jail until a way can be found to ensure he will not be a danger to authorities removing his cattle. Jane Greek, Laney’s court appointed attorney, argued a third party custodian is an appropriate condition of release.
Federal prosecutor John G. Crews argued Laney is a flight risk and a danger to the community. Crews asked the judge to keep Laney in custody until all the cattle are removed.
Molzen said she didn’t feel Laney is a flight risk, but she was concerned for the safety of officers if Laney went home.
“I’m pretty optimistic Kit will be out of jail soon,” Sherry Laney said Friday. “Bob Jones has been approved as a third-party custodian.”
Jones is a rancher at the south end of Otero Mesa. Jones would be legally responsible if Laney were to travel back to Catron County before all cattle are removed from his property.
Friday afternoon, Crews filed a supplemental memorandum supporting his argument that Laney is a danger. He indicated in the memorandum at least two threats have been made against family members of Forest Service officers.
“The United States believes those threats occurred after the detention hearing was concluded March 16,” Crews wrote in the memorandum. Crews also asked that future judicial proceeding be assigned to Judge William Johnson.
While Laney has been in jail, his ex-wife and Laney’s brother have been working the family’s Diamond Bar Ranch.
“We’ve got our hands full,” Sherry Laney said. “But I really think things will turn out right.”
Alamogordo-based Paragon Foundation is providing help with legal assistance for Laney. Paragon was formed in the early 1990s to assist those whose civil rights or property rights are in jeopardy.
Paragon’s executive director G.B. Oliver and Joe Delk, a member of the New Mexico Livestock Board, visited the Laney allotment in the Gila National Forest last week.
“I thought based on the fact that not one living soul there knows one end of a cow from another they are doing a pretty good job,” Oliver said. “Some of the cows and their calves have been separated, but that is to be expected. The cattle are being fed and watered.”
Sherry Laney estimated about 200 of the 400 cattle have been rounded up, but doesn’t know where the government plans to take the cattle for sale.
Sherry Laney doesn’t believe the Forest Service has a plan in place for the sale of the herd.
She pointed out there is a lien against on the herd and couldn’t explain how the government can sell the cattle when a lien is pending.
“Right now, Kit is in jail,” Sherry Laney said, “and the cowboys and Forest Service officers are resting. Really, there haven’t done any work in a couple of days.”
T.S. Hopkins can be reached at thopkins@lcsun-news.com
Sunday, March 21, 2004
NEWS ROUNDUP
Town in Montana Wilderness Is Divided Over Drilling Plan "I'd like to see them drill," said Carl Field, a longtime real estate broker and land manager with a cluttered storefront office on Choteau's quiet main street. Gas production, Mr. Field said, "could help everyone around here, from suppliers to contractors, motels and grocery stores." For many, however, the prospect of drilling on the Front again is sacrilege. A combination of federal lands and vast private ranches, the Front is undeveloped, and because it is much lower in altitude than the mountains that tower over it, it provides a crucial winter refuge for wildlife.... Horse Trails Will Stay Open For Now The Shawnee National Forest Service had some good news for equestrian-based campground owners and the businesses who profit from traveling horseback enthusiasts -- open trails will stay open for now. Just in time for tourist season, the Forest Service listened to concerns from equestrian-based campground owners about ways to keep trails open and still protect sensitive plants and areas. Shawnee Forest Supervisor Allen Nichols said that while the ultimate decision about trail closures is not "a committee decision," he "never wanted to walk away from an opportunity to partner with people.".... Office Depot, 3 Conservation Groups Form Alliance Office Depot Inc. (ODP, news), seeking to boost its "green" reputation, plans to announce an alliance today with three conservation groups to promote research into forest management and endangered-species protection, Monday's Wall Street Journal reported. The Delray Beach, Fla., office-supply retailer aims to increase the amount of conservation data available overall, and to use the data to strengthen its own paper-procurement policy, said Tyler Elm, Office Depot's director of environmental affairs: "This is providing us with information we need to have a robust vendor-control policy.".... Amphibian slows some growth But 63 other projects, including many large residential subdivisions that would add at least 1,450 new homes, have been held up pending further review, according to a Press Democrat analysis of federal records. The number of homes snarled in the salamander's path is nearly double the number of new housing units built across Santa Rosa last year.... Mystery poisonings kill bald eagles Thirty years after a toxic pesticide was banned to protect bald eagles, someone is poisoning the nation’s symbol with another pesticide in the Willamette Valley. In the past 13 years, 17 bald eagles have been found dead in the Mid-Willamette Valley. Of those, 11 were tested and found to have eaten Fenthion, a highly regulated pesticide that is illegal in Oregon.... There's hope for giant bird Four captive-bred California condors were set free Saturday atop a 1,000-foot precipice north of the Grand Canyon, pulling the endangered bird a few more steps back from the abyss of extinction. In 1982, just 22 of the gigantic vultures were left in the world, prompting the unprecedented capture of an entire species of wildlife. Though initially opposed by many environmentalists, the strategy is now heralded as one of the shining successes of the Endangered Species Act.... Yellowstone winter use falls 18 percent In the midst of confusing and conflicting court opinions regarding snowmobiling regulations, winter traffic through Yellowstone National Park’s east entrance dropped 52 percent through February, the largest falloff of the park’s gateways. Overall winter use in the park was down 18 percent. A total of 185,796 visitors were reported in 2003-04, compared to 226,194 last winter.... Way of the wolf: The day the 'gray lady' went missing Of 174 wolves in the park, two attained celebrity status: the female nicknamed Cinderella and her longtime mate, a charcoal gray male. Park researchers called the pair "the Hollywood wolves," because of two National Geographic documentaries that focused on them and their family, the Druid Peak Pack — named for a nearby dome-shaped mountain. To many, they became the embodiment of Yellowstone's wild-wolf program. So Cinderella's absence and her mate's disconsolate wails on that Sunday morning in February stirred special concern among the wolf-watchers.... Permit backlog unjammed The Bureau of Land Management Buffalo Field Office has unjammed a backlog of 1,400 permits for coalbed methane gas wells on federal lands in the Powder River Basin. Now, the office is on track to maintain a steady flow of new permits said Richard Zander, assistant field manager at the BLM Buffalo Field Office.... Editorial: Slicing Up Energy IN THEORY, the Senate still intends to pass an energy bill this year. In practice, the list of other items on the agenda isn't getting any shorter, and the return to a large, complicated and possibly unpopular bill in the months before an election seems unlikely. As a result, some senators are considering shaving off some pieces of the bill and finding other means of passing them. We would prefer to see Congress take up a truly ambitious energy bill, one that actually reversed the advantages that the oil and gas industries have built into the tax code over time, and let markets do a better job of determining prices. But in the meantime, the notion of passing a few intelligent energy measures separately might not be a bad one -- as long as senators do so wisely.... Companies see NPR-A as tantalizing new territory For a glimpse of Alaska's crude oil future, take a small airplane to the middle of nowhere, jump into an industrial-size pickup truck with the heater on high, then drive west down a 34-mile road made of ice. There, jutting up from an endless plain of wind-sculpted snow, is the tall derrick of Rig 19. It's nasty cold, about 25 below zero. At times, great plumes of boiler steam seem to cling to the steel before disappearing.... California pushes to preserve coast The two visitors, marveling at miles of uncluttered oceanfront, didn't know about a small, powerful network of nonprofit land trusts, government agencies and foundations that has bought thousands of acres of California's coastline since 2000 to stop growth. As experts predict nearly 50 million Californians within a generation, the state is in the midst of an unparalleled drive to steer its 1,100-mile coast clear of more development. Borrowing from a movement that created more than 250 miles of oceanfront state parks during the last century and tapping portions of $11.1 billion in new state bonds, California preserved nearly 53,000 acres of coastal-area land last year, reports the California Coastal Conservancy, a state agency that seeded such projects with $168 million and leveraged $133 million more.... Hayden now ready to embrace Buffalo Commons initiative Mike Hayden was never a shy man, striding in cowboy boots as Kansas governor while spinning rustic anecdotes with a booming twang. But 13 years after the end of his governorship, Hayden is just getting warmed up in speaking freely - starting with an admission rarely uttered publicly by active-duty politicians. "I was wrong," Hayden says of his 1987 dismissal of unpopular predictions about the Great Plains' future. The prognosticators were Frank and Deborah Popper, married land-use experts from, of all places, New Jersey. They forecast continued declines in Plains population and natural resources and came up with a provocative name for their Plan B: the Buffalo Commons - long-term restoration of native grass and wildlife, notably buffalo.... Poll says tax to help aquifer is acceptable There is strong public support for continued use of tax dollars to buy undeveloped land in environmentally sensitive areas that help protect San Antonio's drinking water, according to a new poll commissioned by groups promoting the idea. The Bexar Land Trust, Nature Conservancy of Texas and the Trust for Public Land want the City Council to ask voters in November to reinstitute a 1/8-cent sales tax that would preserve additional environmentally sensitive properties.... Land policies turn sportsmen against administration From the slopes of the Rocky Mountains to the primeval forests of Alaska to the prairie potholes of the Dakotas, hunting and fishing enthusiasts are rebelling against President Bush's public lands policies. The nation's 47 million hunters and anglers tend to be conservative Republicans who voted for Bush in the last election, but many sportsmen say they have been imbued with a new sense of militancy by the administration's sacrifice of some of the best wild lands in America to economic development.... Powell saves Mead from drying up? Glen Canyon Dam, the 41-year-old barrier that backs up the Colorado River to form Lake Powell, is preventing the drought from virtually drying up Lake Mead downriver, according to some number-crunching by a Page scientist. Before Glen Canyon Dam was finished in 1963, Lake Mead dropped 130 feet below full pool in 1956 in the midst of another drought. And without the upstream dam now, Lake Mead would be just 9 percent full, argues Paul Ostapuk, a meteorologist at Navajo Generating Station near Page.... Wilderness backers look to Nethercutt for congressional boost Boosters of an effort to permanently protect 106,000 acres of wilderness in Snohomish County are looking for a savior and hoping the race for U.S. Senate will provide one. But time is running out for the bill in the current Congress, and the politics don't look favorable for what could be the first federal wilderness designation in the state in almost 20 years.... Nevada rancher's privacy case goes before U.S. Supreme Court A Nevada rancher who ran afoul of the law for refusing to identify himself to officers will have his day in the U.S. Supreme Court. Oral arguments are scheduled for Monday in a case that will determine whether people have a constitutional right to refuse to tell police their names.... Kansas Struggles to Test for Mad Cow Days after the federal Agriculture Department unveiled its plan for expanded surveillance for mad cow disease, Kansas officials say they're scrambling to figure out how to find and test enough at-risk cattle. Federal Agriculture Department officials said this week the broadened monitoring would focus on at least 201,000 animals that show signs of possible mad cow infection. Animals considered possible carriers include so-called downer animals that cannot stand at slaughter, cattle found dead on farms, or those with nervous system problems. Under the new testing, Kansas - the nation's second-largest cattle producer - has been ordered to test more than 7,000 animals for mad cow disease, state Livestock Commissioner George Teagarden said. To him, that 47-fold increase over the 150 animals Kansas screened last year "will be a challenge."....Salvaging old wood becomes new industry "It was getting to be a hazard to cattle," the 81-year-old retired rancher said. "They could get in it, break through the windows and get hurt." Instead of burning the home to the ground - a longtime method for ranchers to dispose of old buildings - Nichols hooked up with one of the many companies that specializes in salvaging old wood. Hilton Hern, a co-owner of Montana Rustic Wood Hub, gave Nichols $4,000 for the house, hauled it away and rebuilt it into someone's cabin.... Houston artist has sky-high dream of a 28-story Cowboy Don't hold your breath, but the IH-35 corridor could be in line for a truly breathtaking sight - a 28-story cowboy statue created by internationally-known artist and sculptor David Adickes. The "generic cowboy" structure, as Adickes envisions, would include an interior elevator, theater and museum. At 280 feet high, it would be the tallest sculpture in the world, Adickes said in a telephone interview from his Houston studio....
Town in Montana Wilderness Is Divided Over Drilling Plan "I'd like to see them drill," said Carl Field, a longtime real estate broker and land manager with a cluttered storefront office on Choteau's quiet main street. Gas production, Mr. Field said, "could help everyone around here, from suppliers to contractors, motels and grocery stores." For many, however, the prospect of drilling on the Front again is sacrilege. A combination of federal lands and vast private ranches, the Front is undeveloped, and because it is much lower in altitude than the mountains that tower over it, it provides a crucial winter refuge for wildlife.... Horse Trails Will Stay Open For Now The Shawnee National Forest Service had some good news for equestrian-based campground owners and the businesses who profit from traveling horseback enthusiasts -- open trails will stay open for now. Just in time for tourist season, the Forest Service listened to concerns from equestrian-based campground owners about ways to keep trails open and still protect sensitive plants and areas. Shawnee Forest Supervisor Allen Nichols said that while the ultimate decision about trail closures is not "a committee decision," he "never wanted to walk away from an opportunity to partner with people.".... Office Depot, 3 Conservation Groups Form Alliance Office Depot Inc. (ODP, news), seeking to boost its "green" reputation, plans to announce an alliance today with three conservation groups to promote research into forest management and endangered-species protection, Monday's Wall Street Journal reported. The Delray Beach, Fla., office-supply retailer aims to increase the amount of conservation data available overall, and to use the data to strengthen its own paper-procurement policy, said Tyler Elm, Office Depot's director of environmental affairs: "This is providing us with information we need to have a robust vendor-control policy.".... Amphibian slows some growth But 63 other projects, including many large residential subdivisions that would add at least 1,450 new homes, have been held up pending further review, according to a Press Democrat analysis of federal records. The number of homes snarled in the salamander's path is nearly double the number of new housing units built across Santa Rosa last year.... Mystery poisonings kill bald eagles Thirty years after a toxic pesticide was banned to protect bald eagles, someone is poisoning the nation’s symbol with another pesticide in the Willamette Valley. In the past 13 years, 17 bald eagles have been found dead in the Mid-Willamette Valley. Of those, 11 were tested and found to have eaten Fenthion, a highly regulated pesticide that is illegal in Oregon.... There's hope for giant bird Four captive-bred California condors were set free Saturday atop a 1,000-foot precipice north of the Grand Canyon, pulling the endangered bird a few more steps back from the abyss of extinction. In 1982, just 22 of the gigantic vultures were left in the world, prompting the unprecedented capture of an entire species of wildlife. Though initially opposed by many environmentalists, the strategy is now heralded as one of the shining successes of the Endangered Species Act.... Yellowstone winter use falls 18 percent In the midst of confusing and conflicting court opinions regarding snowmobiling regulations, winter traffic through Yellowstone National Park’s east entrance dropped 52 percent through February, the largest falloff of the park’s gateways. Overall winter use in the park was down 18 percent. A total of 185,796 visitors were reported in 2003-04, compared to 226,194 last winter.... Way of the wolf: The day the 'gray lady' went missing Of 174 wolves in the park, two attained celebrity status: the female nicknamed Cinderella and her longtime mate, a charcoal gray male. Park researchers called the pair "the Hollywood wolves," because of two National Geographic documentaries that focused on them and their family, the Druid Peak Pack — named for a nearby dome-shaped mountain. To many, they became the embodiment of Yellowstone's wild-wolf program. So Cinderella's absence and her mate's disconsolate wails on that Sunday morning in February stirred special concern among the wolf-watchers.... Permit backlog unjammed The Bureau of Land Management Buffalo Field Office has unjammed a backlog of 1,400 permits for coalbed methane gas wells on federal lands in the Powder River Basin. Now, the office is on track to maintain a steady flow of new permits said Richard Zander, assistant field manager at the BLM Buffalo Field Office.... Editorial: Slicing Up Energy IN THEORY, the Senate still intends to pass an energy bill this year. In practice, the list of other items on the agenda isn't getting any shorter, and the return to a large, complicated and possibly unpopular bill in the months before an election seems unlikely. As a result, some senators are considering shaving off some pieces of the bill and finding other means of passing them. We would prefer to see Congress take up a truly ambitious energy bill, one that actually reversed the advantages that the oil and gas industries have built into the tax code over time, and let markets do a better job of determining prices. But in the meantime, the notion of passing a few intelligent energy measures separately might not be a bad one -- as long as senators do so wisely.... Companies see NPR-A as tantalizing new territory For a glimpse of Alaska's crude oil future, take a small airplane to the middle of nowhere, jump into an industrial-size pickup truck with the heater on high, then drive west down a 34-mile road made of ice. There, jutting up from an endless plain of wind-sculpted snow, is the tall derrick of Rig 19. It's nasty cold, about 25 below zero. At times, great plumes of boiler steam seem to cling to the steel before disappearing.... California pushes to preserve coast The two visitors, marveling at miles of uncluttered oceanfront, didn't know about a small, powerful network of nonprofit land trusts, government agencies and foundations that has bought thousands of acres of California's coastline since 2000 to stop growth. As experts predict nearly 50 million Californians within a generation, the state is in the midst of an unparalleled drive to steer its 1,100-mile coast clear of more development. Borrowing from a movement that created more than 250 miles of oceanfront state parks during the last century and tapping portions of $11.1 billion in new state bonds, California preserved nearly 53,000 acres of coastal-area land last year, reports the California Coastal Conservancy, a state agency that seeded such projects with $168 million and leveraged $133 million more.... Hayden now ready to embrace Buffalo Commons initiative Mike Hayden was never a shy man, striding in cowboy boots as Kansas governor while spinning rustic anecdotes with a booming twang. But 13 years after the end of his governorship, Hayden is just getting warmed up in speaking freely - starting with an admission rarely uttered publicly by active-duty politicians. "I was wrong," Hayden says of his 1987 dismissal of unpopular predictions about the Great Plains' future. The prognosticators were Frank and Deborah Popper, married land-use experts from, of all places, New Jersey. They forecast continued declines in Plains population and natural resources and came up with a provocative name for their Plan B: the Buffalo Commons - long-term restoration of native grass and wildlife, notably buffalo.... Poll says tax to help aquifer is acceptable There is strong public support for continued use of tax dollars to buy undeveloped land in environmentally sensitive areas that help protect San Antonio's drinking water, according to a new poll commissioned by groups promoting the idea. The Bexar Land Trust, Nature Conservancy of Texas and the Trust for Public Land want the City Council to ask voters in November to reinstitute a 1/8-cent sales tax that would preserve additional environmentally sensitive properties.... Land policies turn sportsmen against administration From the slopes of the Rocky Mountains to the primeval forests of Alaska to the prairie potholes of the Dakotas, hunting and fishing enthusiasts are rebelling against President Bush's public lands policies. The nation's 47 million hunters and anglers tend to be conservative Republicans who voted for Bush in the last election, but many sportsmen say they have been imbued with a new sense of militancy by the administration's sacrifice of some of the best wild lands in America to economic development.... Powell saves Mead from drying up? Glen Canyon Dam, the 41-year-old barrier that backs up the Colorado River to form Lake Powell, is preventing the drought from virtually drying up Lake Mead downriver, according to some number-crunching by a Page scientist. Before Glen Canyon Dam was finished in 1963, Lake Mead dropped 130 feet below full pool in 1956 in the midst of another drought. And without the upstream dam now, Lake Mead would be just 9 percent full, argues Paul Ostapuk, a meteorologist at Navajo Generating Station near Page.... Wilderness backers look to Nethercutt for congressional boost Boosters of an effort to permanently protect 106,000 acres of wilderness in Snohomish County are looking for a savior and hoping the race for U.S. Senate will provide one. But time is running out for the bill in the current Congress, and the politics don't look favorable for what could be the first federal wilderness designation in the state in almost 20 years.... Nevada rancher's privacy case goes before U.S. Supreme Court A Nevada rancher who ran afoul of the law for refusing to identify himself to officers will have his day in the U.S. Supreme Court. Oral arguments are scheduled for Monday in a case that will determine whether people have a constitutional right to refuse to tell police their names.... Kansas Struggles to Test for Mad Cow Days after the federal Agriculture Department unveiled its plan for expanded surveillance for mad cow disease, Kansas officials say they're scrambling to figure out how to find and test enough at-risk cattle. Federal Agriculture Department officials said this week the broadened monitoring would focus on at least 201,000 animals that show signs of possible mad cow infection. Animals considered possible carriers include so-called downer animals that cannot stand at slaughter, cattle found dead on farms, or those with nervous system problems. Under the new testing, Kansas - the nation's second-largest cattle producer - has been ordered to test more than 7,000 animals for mad cow disease, state Livestock Commissioner George Teagarden said. To him, that 47-fold increase over the 150 animals Kansas screened last year "will be a challenge."....Salvaging old wood becomes new industry "It was getting to be a hazard to cattle," the 81-year-old retired rancher said. "They could get in it, break through the windows and get hurt." Instead of burning the home to the ground - a longtime method for ranchers to dispose of old buildings - Nichols hooked up with one of the many companies that specializes in salvaging old wood. Hilton Hern, a co-owner of Montana Rustic Wood Hub, gave Nichols $4,000 for the house, hauled it away and rebuilt it into someone's cabin.... Houston artist has sky-high dream of a 28-story Cowboy Don't hold your breath, but the IH-35 corridor could be in line for a truly breathtaking sight - a 28-story cowboy statue created by internationally-known artist and sculptor David Adickes. The "generic cowboy" structure, as Adickes envisions, would include an interior elevator, theater and museum. At 280 feet high, it would be the tallest sculpture in the world, Adickes said in a telephone interview from his Houston studio....
DIAMOND BAR CATTLE COMPANY/JOE DELK LETTERS
Joe Delk, Member
New Mexico Livestock Board
PO Box 879
March 19, 2004
Mesilla Park, NM 88047
Daniel Manzanares, Executive Director
New Mexico Livestock Board
300 San Mateo NE, Ste 1000
Albuquerque, NM 87108
Dear Daniel,
Accompanying this letter is a report I made to Mr. Steve Libby with the US Forest Service, as a follow-up to a personal visit I made to the Beaverhead Ranger Station on Wednesday, March 17, 2004. Mr. Libby expressed to me, his gratitude for the help and cooperation he has received from you and Cliff Mascarenas.
I walked through the cattle and made several observations and suggestions covered in my report to Mr. Libby.
It is my opinion that the Forest Service personnel involved in the impoundment of the Laney cattle, including their contractor, are not sufficiently capable of handling and caring for these cattle in a manner that adequately satisfies me that there won’t be cattle unnecessarily injured or cattle that die from the stress and strain of the circumstance in which they have been placed.
It is my recommendation that the New Mexico Livestock Board take an active role in observing the care and handling of these cattle to insure that there can be no instance or inference of animal neglect or cruelty.
Sincerely,
/s/
Joe Delk
March 19, 2004
Joe Delk
Member, New Mexico Livestock Board
PO Box 879
Mesilla Park, NM 88047
Mr. Steve Libby
US Department of Agriculture, Forest Service
3005 E. Camino del Bosque
Silver City, NM 88061
Dear Mr. Libby,
Thank you for the hospitality you demonstrated to me, Sheriff Cliff Snyder, Al Schneberger and G.B. Oliver when we visited Beaverhead Ranger Station on Wednesday, March 17, 2004 at approximately 2:30 PM. to inspect the Laney cattle currently impounded at that facility.
You stated that there were a total of two hundred fifty one (251) head in your possession that day and that these were all the cattle that had been impounded up to that point. That number consisted of all cattle including bulls, cows, yearlings and calves. You also told us that you were feeding 2.5 tons of hay per day divided into two feedings.
The comments and suggestions I make in this report to you are based on my years of experience in and around the cattle business. The opinions are mine and mine alone.
Impoundment Enclosures
I saw two barbed-wire enclosures, which I estimated to be about 100 feet wide and 300 feet in length, I understand that you plan on reinforcing the barbed-wire fencing with cattle panels to provide safer, more secure enclosures.
It is my hope you accomplish this as soon as possible.
The size of the enclosures is adequate for the assortment of cattle you have there, but only for three to five days in my opinion. If you are going to keep these cattle for a longer period than that, they will need more space. I realize that you will be adding more cattle in the days to come, so this will become even more important.
All Cattle Together
I observed that all cattle were together. There were bulls, dry cows, cows with calves and yearlings. I estimated that 10% of the mature cattle were in body condition score (BCS) 2, 15% BCS 4 and 5 and the rest were BCS 3’s. I did not consider this to be unusual considering the time of year and current range conditions.
However, the several cows I judged to be BCS 2, should certainly be sorted off and given special care or they will likely die. I think they are weaker than they look and are getting weaker by the day. The others in the 4 and 5 brackets included most of the bulls and most of the dry cows. They too should be sorted off to be fed and cared for at a different level. The cows with calves and all the others in the middle or BCS 3 group would benefit from the reduced competition from the dry cows and bulls.
Water
Water availability to all cattle is probably the single most important concern when holding cattle in any type of enclosure for an extended period. You and I have already addressed the fact that the water in the water-troughs in these facilities was not accessible to smaller calves weighing 300 lbs or less. The water level was too low for smaller calves to stand at the trough and reach over the edge to get a drink. I feel certain that you addressed this as soon as we departed.
Feed Quality
The quality of hay being fed to the Laney cattle is poor to fair at best. Generally, cows can consume low-quality roughage and do OK, especially in open range conditions. But in confined conditions that is certainly not the case.
The hay being fed to the Laney cattle is not very good hay. This hay is being consumed by cattle that are hungry but because of the low nutritive value, I would estimate that less than 35% of the hay that is consumed is actually being digested and utilized. The Forest Service may be saving money by feeding cheap hay but the condition of the cattle will most certainly deteriorate as each day passes.
I would suggest that you use better quality hay to help insure the cattle are strong enough to endure the ordeal they are experiencing.
Stress
These cattle may appear, to the inexperienced eye, to be content and relaxed. However, I could see stress in most. The cattle had been gathered, penned, sorted, loaded onto crowded trailers and hauled over rough roads to a strange place with strange people and strange activity all around. The cows with calves exhibited the most outward concern because they fear for the safety of their babies.
I mention this because ranchers recognize that this “stress” factor can cause a herd of cattle to decline in health and condition with amazing speed.
I ask you to address this with any and all Forest Service personnel involved with the impoundment of the Laney cattle and see to it that they are cognizant of this “stress” factor and that they should handle the cattle with that in mind.
Nursing Cows Brought In Without Their Babies
This is absolutely inexcusable! I saw at least two cows with full udders searching for their calves. I saw one little newborn nursing his mother at one point and, later, one of the cows brought in without her baby. It is not normal for a cow to stand while another calf nurses her, but when she has lost her baby, it’s not unusual.
It is too late for the two baby calves left out in the forest. As you go forward with the impoundment, all wet cows should be paired before hauling them to Beaverhead to be sure they have their baby. If not, they should be released immediately to go to their calf. Then, once they are brought to Beaverhead, any wet cow that is bawling should be watched and if she has no calf, she should be returned to where she was gathered to allow her to find her baby. I would hope that you would address this with your contractors and not accept anything less than properly paired mothers with their babies.
Skinned-up Cattle
I realize that anytime cattle are gathered, penned, sorted, loaded on trailers and hauled for any distance, some will invariably get skinned up in the process. I observed what I judged to be too many injuries to too many cattle. I didn’t count them but it was plain to me that there were a lot of cattle in these enclosures that had been handled roughly. Whether it occurred in the penning, sorting, loading or hauling, I’m not sure.
This is not acceptable and borders on cruelty.
I would hope that you would address this with your contractors and not accept anything less than you would if they were your own cattle.
Cattle Down In Trailers
I observed at least three cows that had been hauled some distance while lying on the floor of a trailer. I realize that this sometimes occurs while hauling cattle in trailers with slippery floors especially when pulling steep grades over rough roads. I suspect that these cattle were hauled in trailers which contained too many cattle for the terrain and conditions of the roads.
I ask that you address this with your contractors and require them to not overload the trailers and be sure to stop frequently to check for cattle that are down.
Conclusion
Generally, I found the cattle to be in acceptable condition considering their circumstance. However, it is my opinion and concern that the cattle are being gathered, penned, sorted, loaded and hauled in a manner that is not consistent with the normally accepted beef quality assurance practices and procedures of most ranchers in New Mexico. Furthermore, it is my opinion that if the recommended changes aren’t made in the quality of feed, sorting of cattle, availability of water and the size and number of pens, the condition of the cattle will steadily deteriorate.
/s/
Joe Delk
New Mexico Livestock Board Member
Cc: Daniel Manzanares, Executive Director, NMLB
Cliff Mascarenas, Deputy Director, NMLB
Don L (Bebo) Lee, President, New Mexico Cattle Growers Assn.
All Members, New Mexico Livestock Board
These letters were accompanied by 5 pictures of the livestock. If you are interested, send me your email address and I will email you the pictures.
Joe Delk, Member
New Mexico Livestock Board
PO Box 879
March 19, 2004
Mesilla Park, NM 88047
Daniel Manzanares, Executive Director
New Mexico Livestock Board
300 San Mateo NE, Ste 1000
Albuquerque, NM 87108
Dear Daniel,
Accompanying this letter is a report I made to Mr. Steve Libby with the US Forest Service, as a follow-up to a personal visit I made to the Beaverhead Ranger Station on Wednesday, March 17, 2004. Mr. Libby expressed to me, his gratitude for the help and cooperation he has received from you and Cliff Mascarenas.
I walked through the cattle and made several observations and suggestions covered in my report to Mr. Libby.
It is my opinion that the Forest Service personnel involved in the impoundment of the Laney cattle, including their contractor, are not sufficiently capable of handling and caring for these cattle in a manner that adequately satisfies me that there won’t be cattle unnecessarily injured or cattle that die from the stress and strain of the circumstance in which they have been placed.
It is my recommendation that the New Mexico Livestock Board take an active role in observing the care and handling of these cattle to insure that there can be no instance or inference of animal neglect or cruelty.
Sincerely,
/s/
Joe Delk
March 19, 2004
Joe Delk
Member, New Mexico Livestock Board
PO Box 879
Mesilla Park, NM 88047
Mr. Steve Libby
US Department of Agriculture, Forest Service
3005 E. Camino del Bosque
Silver City, NM 88061
Dear Mr. Libby,
Thank you for the hospitality you demonstrated to me, Sheriff Cliff Snyder, Al Schneberger and G.B. Oliver when we visited Beaverhead Ranger Station on Wednesday, March 17, 2004 at approximately 2:30 PM. to inspect the Laney cattle currently impounded at that facility.
You stated that there were a total of two hundred fifty one (251) head in your possession that day and that these were all the cattle that had been impounded up to that point. That number consisted of all cattle including bulls, cows, yearlings and calves. You also told us that you were feeding 2.5 tons of hay per day divided into two feedings.
The comments and suggestions I make in this report to you are based on my years of experience in and around the cattle business. The opinions are mine and mine alone.
Impoundment Enclosures
I saw two barbed-wire enclosures, which I estimated to be about 100 feet wide and 300 feet in length, I understand that you plan on reinforcing the barbed-wire fencing with cattle panels to provide safer, more secure enclosures.
It is my hope you accomplish this as soon as possible.
The size of the enclosures is adequate for the assortment of cattle you have there, but only for three to five days in my opinion. If you are going to keep these cattle for a longer period than that, they will need more space. I realize that you will be adding more cattle in the days to come, so this will become even more important.
All Cattle Together
I observed that all cattle were together. There were bulls, dry cows, cows with calves and yearlings. I estimated that 10% of the mature cattle were in body condition score (BCS) 2, 15% BCS 4 and 5 and the rest were BCS 3’s. I did not consider this to be unusual considering the time of year and current range conditions.
However, the several cows I judged to be BCS 2, should certainly be sorted off and given special care or they will likely die. I think they are weaker than they look and are getting weaker by the day. The others in the 4 and 5 brackets included most of the bulls and most of the dry cows. They too should be sorted off to be fed and cared for at a different level. The cows with calves and all the others in the middle or BCS 3 group would benefit from the reduced competition from the dry cows and bulls.
Water
Water availability to all cattle is probably the single most important concern when holding cattle in any type of enclosure for an extended period. You and I have already addressed the fact that the water in the water-troughs in these facilities was not accessible to smaller calves weighing 300 lbs or less. The water level was too low for smaller calves to stand at the trough and reach over the edge to get a drink. I feel certain that you addressed this as soon as we departed.
Feed Quality
The quality of hay being fed to the Laney cattle is poor to fair at best. Generally, cows can consume low-quality roughage and do OK, especially in open range conditions. But in confined conditions that is certainly not the case.
The hay being fed to the Laney cattle is not very good hay. This hay is being consumed by cattle that are hungry but because of the low nutritive value, I would estimate that less than 35% of the hay that is consumed is actually being digested and utilized. The Forest Service may be saving money by feeding cheap hay but the condition of the cattle will most certainly deteriorate as each day passes.
I would suggest that you use better quality hay to help insure the cattle are strong enough to endure the ordeal they are experiencing.
Stress
These cattle may appear, to the inexperienced eye, to be content and relaxed. However, I could see stress in most. The cattle had been gathered, penned, sorted, loaded onto crowded trailers and hauled over rough roads to a strange place with strange people and strange activity all around. The cows with calves exhibited the most outward concern because they fear for the safety of their babies.
I mention this because ranchers recognize that this “stress” factor can cause a herd of cattle to decline in health and condition with amazing speed.
I ask you to address this with any and all Forest Service personnel involved with the impoundment of the Laney cattle and see to it that they are cognizant of this “stress” factor and that they should handle the cattle with that in mind.
Nursing Cows Brought In Without Their Babies
This is absolutely inexcusable! I saw at least two cows with full udders searching for their calves. I saw one little newborn nursing his mother at one point and, later, one of the cows brought in without her baby. It is not normal for a cow to stand while another calf nurses her, but when she has lost her baby, it’s not unusual.
It is too late for the two baby calves left out in the forest. As you go forward with the impoundment, all wet cows should be paired before hauling them to Beaverhead to be sure they have their baby. If not, they should be released immediately to go to their calf. Then, once they are brought to Beaverhead, any wet cow that is bawling should be watched and if she has no calf, she should be returned to where she was gathered to allow her to find her baby. I would hope that you would address this with your contractors and not accept anything less than properly paired mothers with their babies.
Skinned-up Cattle
I realize that anytime cattle are gathered, penned, sorted, loaded on trailers and hauled for any distance, some will invariably get skinned up in the process. I observed what I judged to be too many injuries to too many cattle. I didn’t count them but it was plain to me that there were a lot of cattle in these enclosures that had been handled roughly. Whether it occurred in the penning, sorting, loading or hauling, I’m not sure.
This is not acceptable and borders on cruelty.
I would hope that you would address this with your contractors and not accept anything less than you would if they were your own cattle.
Cattle Down In Trailers
I observed at least three cows that had been hauled some distance while lying on the floor of a trailer. I realize that this sometimes occurs while hauling cattle in trailers with slippery floors especially when pulling steep grades over rough roads. I suspect that these cattle were hauled in trailers which contained too many cattle for the terrain and conditions of the roads.
I ask that you address this with your contractors and require them to not overload the trailers and be sure to stop frequently to check for cattle that are down.
Conclusion
Generally, I found the cattle to be in acceptable condition considering their circumstance. However, it is my opinion and concern that the cattle are being gathered, penned, sorted, loaded and hauled in a manner that is not consistent with the normally accepted beef quality assurance practices and procedures of most ranchers in New Mexico. Furthermore, it is my opinion that if the recommended changes aren’t made in the quality of feed, sorting of cattle, availability of water and the size and number of pens, the condition of the cattle will steadily deteriorate.
/s/
Joe Delk
New Mexico Livestock Board Member
Cc: Daniel Manzanares, Executive Director, NMLB
Cliff Mascarenas, Deputy Director, NMLB
Don L (Bebo) Lee, President, New Mexico Cattle Growers Assn.
All Members, New Mexico Livestock Board
These letters were accompanied by 5 pictures of the livestock. If you are interested, send me your email address and I will email you the pictures.
OPINION/COMMENTARY
PETA Wants Constitutional Amendment For Fish
Sorry, crustaceans and reptiles. You didn't make People for the Ethical Treatment of Animals' list of animals that deserve protection under their proposed constitutional amendment, which declares "all mammals, birds, and fish will, henceforth, be defined as 'persons' in the eyes of the law." Of course, PETA's idea of protecting animals would strip us of everything from our leather shoes to the milk in our breakfast cereal (not to mention bacon and eggs).
PETA president Ingrid Newkirk has called human beings the "biggest blight on the face of the earth." Why would PETA want to degrade animals to our status?
Laws establishing rights for animals may seem like a joke, but in 2002 Florida approved an amendment to its state constitution that extends rights to pregnant pigs. PETA crowed that the Florida measure "could lead to similar ... campaigns in other states."....
Ninth Circuit Grants Pilgrim Family’s Appeal: Precedent-Setting Case Asks Court to Affirm the Rights of Alaskans to Access Federal Lands
The Ninth Circuit Court of Appeals today granted the appeal brought by Pacific Legal Foundation on behalf of the Pilgrim family, the 17-member Alaska wilderness family that has been locked in a high-profile battle with the National Park Service for nearly a year. Last April, the Park Service closed the only viable road to the Pilgrims’ property a few days after the family’s home was destroyed by fire. The road closure has made it impossible for the Pilgrims to bring in heavy materials to rebuild their home. As a result, the Pilgrims and their 15 children have been forced to live in an uninsulated mine building in Alaskan winter temperatures for months.
“We’re pleased the Ninth Circuit is willing to hear the appeal and we are confident that the faulty district court decision will be overturned,” said PLF attorney Russ Brooks. “We look forward to the day when the Pilgrims will have reasonable access to their home and this whole unnecessary mess can be brought to an end.”....
Americans are Using Water More Efficiently
Despite an increasing population, greater electricity production and higher agricultural output, Americans are using less water than they did 30 years ago, says a new report from the U.S. Geological Survey.
The agency examined 50 years of water use through 2000. Among its findings:
--Consumption is largely unchanged since 1985 and is 25 percent less than its peak in the 1970s.
--Americans consume 408 billion gallons a day of fresh and saline water -- of which 11 percent goes to homes and most businesses, while nearly half (48 percent) goes to power plants, more than a third (34 percent) to agriculture; and 7 percent for such uses as mining, livestock and individual domestic wells.
--Powerplants account for 96 percent of saline water withdrawals.
How has water been conserved?
--Electric utilities, which once needed huge amounts of water to cool electrical generating plants, now conserve water by closed loop recirculation.
--Other industries have conserved by using water-saving technology -- driven by energy-saving and environmental-protection laws passed in the 1970s.
--Irrigation remains the largest use of freshwater, and more of it is groundwater -- rising from 23 percent in 1950 to 43 percent in 2000.
--And, interestingly, low-flow bathroom fixtures and water-saving appliances ordered by a 1992 federal law -- the bane of millions of consumers -- have had little impact.
In contrast to the record of industry, Amy Vickers, author of "Handbook of Water Use and Conservation," says 15 percent to 20 percent of municipal water is lost to leaky pipelines and other unmeasured waste.
Source: Patrick O'Driscoll, "Americans using less water, report says," USA Today, March 12, 2004; based on Susan S. Hutson et al., "Estimated Use of Water in the United States in 2000," March 2004, U.S. Geological Survey.
PLF Asks U.S. Supreme Court To Take Action in Three Key Wetland Cases
Deaton v. U.S. On January 26, PLF filed its third brief since December asking the U.S. Supreme Court to tell the federal government to stop their unlawful power grab over intrastate waters under the guise of the Clean Water Act.
In December, PLF filed a petition for review with the High Court on behalf of its client, John Rapanos, in a case that has the potential to effect sweeping changes to national policy regarding wetlands regulation (Rapanos v. U.S.). Similarly, PLF filed an amicus brief in Newdunn Associates v. U.S. Army Corps of Engineers.
In all three of these cases, PLF is asking the Supreme Court to reaffirm its landmark 2001 decision, Solid Waste Agency of Northern Cook County v. U.S., which restricts federal authority over “isolated wetlands” under the Clean Water Act.
Food Fights
On March 10, Health and Human Services Secretary Tommy Thompson launched public service announcements depicting dismembered body parts of fat people -- double chins, stomachs, buttocks, and thighs -- caught in grocery cart wheels, found by children along the beach and tripped over by mall shoppers. They're part of Thompson's efforts to educate Americans about obesity and persuade them to change their eating habits by showing fat people what they should "lose."1
Yes, eating is becoming political. Our government is increasingly adopting the false science of a special interest group intent on making sure we all eat what they think we should -- and look and behave acceptably, too. If we're not careful, this new eugenics will see to it we're no longer free to eat what we want and we'll pay more for the privilege. If this sounds overly dramatic, look at what's already happened....
New hybrid car runs on gas, feelgood environmental BS
Fueling the recent craze over hybrid cars, Toyota Motor Corp. unveiled on Wednesday its newest model, the Gaia.
Powered by a hybrid engine that uses both unleaded gas and feelgood, self-important environmental crackpot bullshit, the sedan averages about 65 miles per gallon--and up to 80 MPG if you really, truly believe in the power of a single person to change the world.
"The Gaia brings together drivability and half-assed pocketbook environmentalism in one car," said Toyota's U.S. vice president of marketing, Jim Hebbern. "Using both gas and a patented process in which electricity, hydrogen fuel, solar and geothermal power magically fuse together and solve all the world's problems, the Gaia is the conscientious consumer's choice for driving."....
PETA Wants Constitutional Amendment For Fish
Sorry, crustaceans and reptiles. You didn't make People for the Ethical Treatment of Animals' list of animals that deserve protection under their proposed constitutional amendment, which declares "all mammals, birds, and fish will, henceforth, be defined as 'persons' in the eyes of the law." Of course, PETA's idea of protecting animals would strip us of everything from our leather shoes to the milk in our breakfast cereal (not to mention bacon and eggs).
PETA president Ingrid Newkirk has called human beings the "biggest blight on the face of the earth." Why would PETA want to degrade animals to our status?
Laws establishing rights for animals may seem like a joke, but in 2002 Florida approved an amendment to its state constitution that extends rights to pregnant pigs. PETA crowed that the Florida measure "could lead to similar ... campaigns in other states."....
Ninth Circuit Grants Pilgrim Family’s Appeal: Precedent-Setting Case Asks Court to Affirm the Rights of Alaskans to Access Federal Lands
The Ninth Circuit Court of Appeals today granted the appeal brought by Pacific Legal Foundation on behalf of the Pilgrim family, the 17-member Alaska wilderness family that has been locked in a high-profile battle with the National Park Service for nearly a year. Last April, the Park Service closed the only viable road to the Pilgrims’ property a few days after the family’s home was destroyed by fire. The road closure has made it impossible for the Pilgrims to bring in heavy materials to rebuild their home. As a result, the Pilgrims and their 15 children have been forced to live in an uninsulated mine building in Alaskan winter temperatures for months.
“We’re pleased the Ninth Circuit is willing to hear the appeal and we are confident that the faulty district court decision will be overturned,” said PLF attorney Russ Brooks. “We look forward to the day when the Pilgrims will have reasonable access to their home and this whole unnecessary mess can be brought to an end.”....
Americans are Using Water More Efficiently
Despite an increasing population, greater electricity production and higher agricultural output, Americans are using less water than they did 30 years ago, says a new report from the U.S. Geological Survey.
The agency examined 50 years of water use through 2000. Among its findings:
--Consumption is largely unchanged since 1985 and is 25 percent less than its peak in the 1970s.
--Americans consume 408 billion gallons a day of fresh and saline water -- of which 11 percent goes to homes and most businesses, while nearly half (48 percent) goes to power plants, more than a third (34 percent) to agriculture; and 7 percent for such uses as mining, livestock and individual domestic wells.
--Powerplants account for 96 percent of saline water withdrawals.
How has water been conserved?
--Electric utilities, which once needed huge amounts of water to cool electrical generating plants, now conserve water by closed loop recirculation.
--Other industries have conserved by using water-saving technology -- driven by energy-saving and environmental-protection laws passed in the 1970s.
--Irrigation remains the largest use of freshwater, and more of it is groundwater -- rising from 23 percent in 1950 to 43 percent in 2000.
--And, interestingly, low-flow bathroom fixtures and water-saving appliances ordered by a 1992 federal law -- the bane of millions of consumers -- have had little impact.
In contrast to the record of industry, Amy Vickers, author of "Handbook of Water Use and Conservation," says 15 percent to 20 percent of municipal water is lost to leaky pipelines and other unmeasured waste.
Source: Patrick O'Driscoll, "Americans using less water, report says," USA Today, March 12, 2004; based on Susan S. Hutson et al., "Estimated Use of Water in the United States in 2000," March 2004, U.S. Geological Survey.
PLF Asks U.S. Supreme Court To Take Action in Three Key Wetland Cases
Deaton v. U.S. On January 26, PLF filed its third brief since December asking the U.S. Supreme Court to tell the federal government to stop their unlawful power grab over intrastate waters under the guise of the Clean Water Act.
In December, PLF filed a petition for review with the High Court on behalf of its client, John Rapanos, in a case that has the potential to effect sweeping changes to national policy regarding wetlands regulation (Rapanos v. U.S.). Similarly, PLF filed an amicus brief in Newdunn Associates v. U.S. Army Corps of Engineers.
In all three of these cases, PLF is asking the Supreme Court to reaffirm its landmark 2001 decision, Solid Waste Agency of Northern Cook County v. U.S., which restricts federal authority over “isolated wetlands” under the Clean Water Act.
Food Fights
On March 10, Health and Human Services Secretary Tommy Thompson launched public service announcements depicting dismembered body parts of fat people -- double chins, stomachs, buttocks, and thighs -- caught in grocery cart wheels, found by children along the beach and tripped over by mall shoppers. They're part of Thompson's efforts to educate Americans about obesity and persuade them to change their eating habits by showing fat people what they should "lose."1
Yes, eating is becoming political. Our government is increasingly adopting the false science of a special interest group intent on making sure we all eat what they think we should -- and look and behave acceptably, too. If we're not careful, this new eugenics will see to it we're no longer free to eat what we want and we'll pay more for the privilege. If this sounds overly dramatic, look at what's already happened....
New hybrid car runs on gas, feelgood environmental BS
Fueling the recent craze over hybrid cars, Toyota Motor Corp. unveiled on Wednesday its newest model, the Gaia.
Powered by a hybrid engine that uses both unleaded gas and feelgood, self-important environmental crackpot bullshit, the sedan averages about 65 miles per gallon--and up to 80 MPG if you really, truly believe in the power of a single person to change the world.
"The Gaia brings together drivability and half-assed pocketbook environmentalism in one car," said Toyota's U.S. vice president of marketing, Jim Hebbern. "Using both gas and a patented process in which electricity, hydrogen fuel, solar and geothermal power magically fuse together and solve all the world's problems, the Gaia is the conscientious consumer's choice for driving."....
Saturday, March 20, 2004
SHERRY FARR-LANEY PRESS RELEASE
Press Release
3-20-04
349 words
Sherry Farr – Laney
505-772-5535
It has come to my attention that various USFS personnel are making claims of harassment against people who may be supporting us in our battle with the USFS over the legality of the impoundment of our cattle.
Neither Kit nor I will ever condone any threats or intimidating tactics made in our name. Anyone who is capable of committing such atrocities is likely only trying to make us look bad and make an already bad situation much worse. These people should see the inside of a courtroom.
People who believe in us, and believe in Kit, will keep their protests and attitudes peaceful. Anyone who refuses to do so is not acting in our behalf and is not concerned with our well being. We believe anyone committing crimes in this manner would have done so regardless of our situation and should be punished accordingly.
Kit remains in jail on allegations that he committed a serious crime, a crime that our legitimate supporters and friends do not believe he is capable of committing. Kit told me his story and there is no reason for me to believe the allegations made against him. To behave as Kit is said to have done would have required almost superhuman strength. In my mind, the story the USFS witnesses are telling is simply not humanly possible.
We are not in any way condoning the USFS actions as they continue to gather and inflict damage to our cattle. Nor do we appreciate the agency’s false portrayal of Kit as having the potential to be violent. This continual defamation of Kit’s character, even after the claims were proven false was used to inflame the Law Enforcement officers involved in the impoundment and directly contributed to Kit’s violent arrest and the charges against him. We feel confident that Kit will be exonerated of these charges. We feel confident that he will be freed from jail as soon as he finally receives a full arraignment hearing. He is doing well and in as high spirits as can be expected.
Press Release
3-20-04
349 words
Sherry Farr – Laney
505-772-5535
It has come to my attention that various USFS personnel are making claims of harassment against people who may be supporting us in our battle with the USFS over the legality of the impoundment of our cattle.
Neither Kit nor I will ever condone any threats or intimidating tactics made in our name. Anyone who is capable of committing such atrocities is likely only trying to make us look bad and make an already bad situation much worse. These people should see the inside of a courtroom.
People who believe in us, and believe in Kit, will keep their protests and attitudes peaceful. Anyone who refuses to do so is not acting in our behalf and is not concerned with our well being. We believe anyone committing crimes in this manner would have done so regardless of our situation and should be punished accordingly.
Kit remains in jail on allegations that he committed a serious crime, a crime that our legitimate supporters and friends do not believe he is capable of committing. Kit told me his story and there is no reason for me to believe the allegations made against him. To behave as Kit is said to have done would have required almost superhuman strength. In my mind, the story the USFS witnesses are telling is simply not humanly possible.
We are not in any way condoning the USFS actions as they continue to gather and inflict damage to our cattle. Nor do we appreciate the agency’s false portrayal of Kit as having the potential to be violent. This continual defamation of Kit’s character, even after the claims were proven false was used to inflame the Law Enforcement officers involved in the impoundment and directly contributed to Kit’s violent arrest and the charges against him. We feel confident that Kit will be exonerated of these charges. We feel confident that he will be freed from jail as soon as he finally receives a full arraignment hearing. He is doing well and in as high spirits as can be expected.
NEWS ROUNDUP
GOP leaders want rule changed, more thinning Oregon Republican Party leaders in two dozen counties on Friday called for the head of the Forest Service in the Pacific Northwest to change an 11-year-old logging rule that they claim has had untold negative ecological and economic impacts on rural communities. A resolution approved by the Republican delegates from every corner of Oregon demands that Regional Forester Linda Goodman, “simultaneously amend the national Forest plans to remove the 21-inch DBH rule for each national Forest on the east side of the Cascade Mountains in Oregon and Washington.”.... Airlift of mountain lions draws skeptics The plan by Arizona Game & Fish to airlift unwanted mountain lions out of Sabino Canyon rather than kill them hasn't gotten the agency out of hot water with the Governor's Office or conservationists. After learning of the new plan from a news release, Gov. Janet Napolitano fired off a letter to Game & Fish Commission chairman Susan Chilton, saying she is still upset with the way the situation is being handled.... Wolves on the horizon While they are deeply appreciated by environmentalists, tourists and others, wolves are despised by some ranchers, hunters and other rural residents. As the wolf populations have expanded in Wyoming, Idaho and Montana since their Yellowstone reintroduction in 1995 and 1996, the debate has remained sharply polarized. And while those three states have struggled to come up with acceptable plans to take over wolf management from the federal government - Wyoming hasn't yet succeeded - experts have two words of advice for states such as Colorado that are adjacent to the wolf's present range: Get ready.... Wolves knock on state's door Wyoming's failure to offer an acceptable wolf-management plan greatly increases the chances Colorado will be dealing with wolves sooner rather than later. Without a buffer between the wolf packs of northwestern Wyoming and the Colorado border, wildlife managers in both states agree migrations of lone, or even pairs, of wolves is a certainty.... Legal concerns led to plan's rejection U.S. Fish and Wildlife Service officials rejected Wyoming's wolf-management plan because they didn't think it would be defensible in a lawsuit brought under the Endangered Species Act, Wyoming officials say. "They said if they were sued" because wolves had been delisted under the act, "they didn't think they could defend the plan in front of an Eastern judge," said Ryan Lance, Endangered Species Act policy coordinator for Wyoming Gov. Dave Freudenthal. "They cited a legal-risk analysis for rejecting our plan....Coast is not clear, say environmentalists "Disappointed but not surprised" was the general sentiment voiced by the several speakers in a press conference last Friday at Haskell’s beach. The speakers had gathered to express their dissatisfaction with the Department of the Interior’s decision not to grant the Gaviota Coast federal protection.... Coastal residents pack plover hearings Hundreds of people packing coastal meetings this week told state parks officials to keep their hands off public beaches and condemned a proposal to restrict recreation on behalf of the western snowy plover, a tiny shorebird numbering about 100 on the Oregon coast. "Let's not close off our local areas for a bird that I do not believe I've ever even seen," said Chuck Ellerbroek of Tillamook, who hunts and fishes on a nearby point that would be set aside for the protected bird. "Where will we go for recreation after our beaches are closed?".... NOAA FISHERIES SEEKS MORE TIME IN SALMONID ESA LISTING REVIEW NOAA Fisheries last week asked a Spokane, Wash., federal court to push back by 90 days the deadline for completion of eight salmon and steelhead Endangered Species Act listing proposals, citing the "unexpected complexity" of the biology and policy related to the task.... The ESA Choice: Flies or our Families? There have been numerous examples of how the ESA has had adverse impacts throughout the country. From Oklahoma where a thirteen mile highway project was delayed for four years because American burying beetles were found along two proposed routes, to Kentucky where loggers lost their jobs when the Forest Service shut down logging in the Daniel Boone National Forest for eight months in order to protect the red-cockaded woodpecker; people all over the country have felt the sting of the ESA's rigid enforcement.... Government seeks eagle killer Someone is poisoning bald eagles, and the U.S. Fish and Wildlife Service wants your help to get it stopped. Chris Brong, an agent with the department's Wilsonville office, said Thursday that two bald eagles had been found dead last month, both about four miles northwest of Harrisburg. The birds were found Feb. 2 and Feb. 11. The deaths raised to 17 the number of bald eagles to die of poisoning in the mid-valley in 13 years. All died of Fenthion poisoning, Brong said. Fenthion is a registered pesticide approved for use in just two counties, both of them in Florida. In Oregon, he said, there is "no legal use for it, period.".... Critics Decry Interior Internet Shutdown The court-ordered shutdown of many of the Interior Department's Internet connections is depriving American Indian children of educational opportunities and preventing public input on land management decisions, a leading senator and environmentalists say.... State wildlife officials considering relocating some grizzlies State and federal wildlife authorities are considering a plan to transplant grizzly bears from the western border of Glacier National Park to the Cabinet Mountain Range, where the population is not as strong. If the plan is approved, the transplants could begin as early as next summer, said Wayne Kasworm, a wildlife biologist working for the U.S. Fish and Wildlife Service.... Drilling council called off The much-touted proposal to create a Rocky Mountain Energy Council based in Denver to boost oil and gas drilling in the Rockies has been shelved. The council's demise was heralded by both industry and environmental groups, but for different reasons.... Column: Energy Bill Still Misses Point It would be nice if we could simply order up a round of applause for the Senate for drafting a new energy bill that trimmed $17 billion out of the $31.1 billion legislation the two houses of Congress agreed to last year. But one look at the new bill makes it clear: The Senate will have to wait for its standing ovation. The new bill may cost a lot less, but it still includes a subsidy for ethanol, almost all of which will go to huge agribusinesses. A $2 billion subsidy for the coal industry remains. And the bill still includes an array of studies, programs and grants that could and should be jettisoned, such as $6.2 million to study ways to convert auto trips to bike trips and $50 million for a five-year transit bus demonstration program....United States wants international ruling kept secret The United States is attempting to keep secret an international ruling that affects American Indians and property rights. The ruling, in the case of the Western Shoshone, calls for a review of all U.S. law and policy regarding indigenous peoples and in particular the right to property. On Indigenous Peoples Day, Western Shoshone Carrie Dann said, "The U.S. was found to be in violation of international law - found to be violating our rights to property, to due process and to equality under the law.... Governor vetos wildlife bill Gov. Dave Freudenthal on Friday vetoed a bill that would have authorized a series of pilot projects to explore ways to bolster compensation for landowners for grass damage caused by big game animals. The governor said House Bill 18 could cost the state a significant amount of money and marks a departure from the Wyoming Game and Fish Department's existing payment program for 'extraordinary damage' to grass by big game animals and big game birds.... Column: Save snowmobiling from 'planet savers' Beware of those who would save us from ourselves, in the name of "saving the planet." Ask the good people of West Yellowstone - until recently, a bustling, smiling little western community. Their environmental saviors have just taken away their jobs, their businesses, their culture and their lives. Like classic dictators, they are blinded by the piety of their "high ideals" and driven by a spirit of self-righteousness that knows no bounds. It began with a lawsuit and a shocking display of executive power when federal bureaucrats decreed, in the final hours of the Clinton administration, that all snowmobiling in the national parks would end in three years. The election of George W. Bush brought a partial reprieve in the form of a regulated use plan, limiting the number of snowmobiles per day, requiring more guided trips and banning two-stroke machines. Local businesses invested millions in the new four-stroke technology, only to have a distant federal judge declare it all for naught.... Water prices could rise as contract renewals loom A half-century ago, the federal government moved mountains and harnessed rivers to convert California's Central Valley into some of the nation's most productive farmland, fed by subsidized water at rock-bottom rates. Now, many of those cheap-water contracts are up for renewal, rousing critics who argue that the government should increase its rates, both to generate more revenue and encourage farmers to conserve.... Panel votes to end fee on water Faced with a revolt from water providers, lawmakers on Friday admitted they made a mistake and voted to repeal a water administration fee approved last year to help the state out of its budget crisis. The House Agriculture, Livestock and Natural Resources Committee unanimously approved a plan to refund about $467,000 paid by 23 percent of the owners who received bills. It was sent to the House Appropriations Committee. Lawmakers said they expect quick passage to halt further collection of the fees.... House, Senate approve water deal pieces A legislative package heading off the shutdown of more than 1,300 wells in south-central Idaho won overwhelming initial legislative backing Friday as the House and Senate worked toward adjournment this weekend. The House unanimously approved the multimillion-dollar budget for the deal, while creation of a special commission to promote the aquaculture industry drew no opposition in the Senate.... Editorial: Oil And Trouble A new report on oil development in Alaska's Arctic National Wildlife Refuge was met with the usual howls. But that doesn't change the fact that there are no good reasons not to open oil fields in that region. Last week, the Energy Department's Energy Information Administration issued a study that said oil pumped from ANWR could cut U.S. dependence on foreign oil by nearly 900,000 barrels a day by 2025 — about two-thirds of what we import from Saudi Arabia each day.... U.N. urges Russia to save climate plan The United Nations renewed calls on Friday for Russia to salvage a landmark plan to curb global warming, 10 years after governments agreed to fight a rise in temperatures threatening life on the planet. Kyoto will collapse without Russian backing because it must be ratified by countries accounting for 55 percent of carbon dioxide emissions by industrialised countries.... Consistency takes Childress roper to Houston finals Almost a year ago, it appeared that former National Finals Rodeo calf roping qualifier Stran Smith was all but finished. Last April, Smith suffered a stroke as the result of having a hole in his heart. Doctors advised the Childress cowboy to find another career. But Smith underwent a successful experimental surgery at a Boston hospital and was competing again in July. This season, Smith has fully regained his composure and has finished in the money at eight out of 10 rodeos. He has advanced to today's final round of RodeoHouston after turning in a time of 9.4 seconds Friday night at Reliant Stadium.... On The Edge Of Common Sense: Vermonter still remembers Clyde's '58 mishap It is easy to think of farming as an outdoor sport: blue skies, green pastures, grazing cattle, range chickens and galloping your horse across the plain. But there are parts of the world where the weather forces ingenious farmers to rethink their modus operandi (Latin for: method of losing money). The result is a vast array of ventilated turkey barns, air-conditioned milking parlors, covered roping arenas, slatted floors, misted stalls and non-smoking areas in the farrowing house....
GOP leaders want rule changed, more thinning Oregon Republican Party leaders in two dozen counties on Friday called for the head of the Forest Service in the Pacific Northwest to change an 11-year-old logging rule that they claim has had untold negative ecological and economic impacts on rural communities. A resolution approved by the Republican delegates from every corner of Oregon demands that Regional Forester Linda Goodman, “simultaneously amend the national Forest plans to remove the 21-inch DBH rule for each national Forest on the east side of the Cascade Mountains in Oregon and Washington.”.... Airlift of mountain lions draws skeptics The plan by Arizona Game & Fish to airlift unwanted mountain lions out of Sabino Canyon rather than kill them hasn't gotten the agency out of hot water with the Governor's Office or conservationists. After learning of the new plan from a news release, Gov. Janet Napolitano fired off a letter to Game & Fish Commission chairman Susan Chilton, saying she is still upset with the way the situation is being handled.... Wolves on the horizon While they are deeply appreciated by environmentalists, tourists and others, wolves are despised by some ranchers, hunters and other rural residents. As the wolf populations have expanded in Wyoming, Idaho and Montana since their Yellowstone reintroduction in 1995 and 1996, the debate has remained sharply polarized. And while those three states have struggled to come up with acceptable plans to take over wolf management from the federal government - Wyoming hasn't yet succeeded - experts have two words of advice for states such as Colorado that are adjacent to the wolf's present range: Get ready.... Wolves knock on state's door Wyoming's failure to offer an acceptable wolf-management plan greatly increases the chances Colorado will be dealing with wolves sooner rather than later. Without a buffer between the wolf packs of northwestern Wyoming and the Colorado border, wildlife managers in both states agree migrations of lone, or even pairs, of wolves is a certainty.... Legal concerns led to plan's rejection U.S. Fish and Wildlife Service officials rejected Wyoming's wolf-management plan because they didn't think it would be defensible in a lawsuit brought under the Endangered Species Act, Wyoming officials say. "They said if they were sued" because wolves had been delisted under the act, "they didn't think they could defend the plan in front of an Eastern judge," said Ryan Lance, Endangered Species Act policy coordinator for Wyoming Gov. Dave Freudenthal. "They cited a legal-risk analysis for rejecting our plan....Coast is not clear, say environmentalists "Disappointed but not surprised" was the general sentiment voiced by the several speakers in a press conference last Friday at Haskell’s beach. The speakers had gathered to express their dissatisfaction with the Department of the Interior’s decision not to grant the Gaviota Coast federal protection.... Coastal residents pack plover hearings Hundreds of people packing coastal meetings this week told state parks officials to keep their hands off public beaches and condemned a proposal to restrict recreation on behalf of the western snowy plover, a tiny shorebird numbering about 100 on the Oregon coast. "Let's not close off our local areas for a bird that I do not believe I've ever even seen," said Chuck Ellerbroek of Tillamook, who hunts and fishes on a nearby point that would be set aside for the protected bird. "Where will we go for recreation after our beaches are closed?".... NOAA FISHERIES SEEKS MORE TIME IN SALMONID ESA LISTING REVIEW NOAA Fisheries last week asked a Spokane, Wash., federal court to push back by 90 days the deadline for completion of eight salmon and steelhead Endangered Species Act listing proposals, citing the "unexpected complexity" of the biology and policy related to the task.... The ESA Choice: Flies or our Families? There have been numerous examples of how the ESA has had adverse impacts throughout the country. From Oklahoma where a thirteen mile highway project was delayed for four years because American burying beetles were found along two proposed routes, to Kentucky where loggers lost their jobs when the Forest Service shut down logging in the Daniel Boone National Forest for eight months in order to protect the red-cockaded woodpecker; people all over the country have felt the sting of the ESA's rigid enforcement.... Government seeks eagle killer Someone is poisoning bald eagles, and the U.S. Fish and Wildlife Service wants your help to get it stopped. Chris Brong, an agent with the department's Wilsonville office, said Thursday that two bald eagles had been found dead last month, both about four miles northwest of Harrisburg. The birds were found Feb. 2 and Feb. 11. The deaths raised to 17 the number of bald eagles to die of poisoning in the mid-valley in 13 years. All died of Fenthion poisoning, Brong said. Fenthion is a registered pesticide approved for use in just two counties, both of them in Florida. In Oregon, he said, there is "no legal use for it, period.".... Critics Decry Interior Internet Shutdown The court-ordered shutdown of many of the Interior Department's Internet connections is depriving American Indian children of educational opportunities and preventing public input on land management decisions, a leading senator and environmentalists say.... State wildlife officials considering relocating some grizzlies State and federal wildlife authorities are considering a plan to transplant grizzly bears from the western border of Glacier National Park to the Cabinet Mountain Range, where the population is not as strong. If the plan is approved, the transplants could begin as early as next summer, said Wayne Kasworm, a wildlife biologist working for the U.S. Fish and Wildlife Service.... Drilling council called off The much-touted proposal to create a Rocky Mountain Energy Council based in Denver to boost oil and gas drilling in the Rockies has been shelved. The council's demise was heralded by both industry and environmental groups, but for different reasons.... Column: Energy Bill Still Misses Point It would be nice if we could simply order up a round of applause for the Senate for drafting a new energy bill that trimmed $17 billion out of the $31.1 billion legislation the two houses of Congress agreed to last year. But one look at the new bill makes it clear: The Senate will have to wait for its standing ovation. The new bill may cost a lot less, but it still includes a subsidy for ethanol, almost all of which will go to huge agribusinesses. A $2 billion subsidy for the coal industry remains. And the bill still includes an array of studies, programs and grants that could and should be jettisoned, such as $6.2 million to study ways to convert auto trips to bike trips and $50 million for a five-year transit bus demonstration program....United States wants international ruling kept secret The United States is attempting to keep secret an international ruling that affects American Indians and property rights. The ruling, in the case of the Western Shoshone, calls for a review of all U.S. law and policy regarding indigenous peoples and in particular the right to property. On Indigenous Peoples Day, Western Shoshone Carrie Dann said, "The U.S. was found to be in violation of international law - found to be violating our rights to property, to due process and to equality under the law.... Governor vetos wildlife bill Gov. Dave Freudenthal on Friday vetoed a bill that would have authorized a series of pilot projects to explore ways to bolster compensation for landowners for grass damage caused by big game animals. The governor said House Bill 18 could cost the state a significant amount of money and marks a departure from the Wyoming Game and Fish Department's existing payment program for 'extraordinary damage' to grass by big game animals and big game birds.... Column: Save snowmobiling from 'planet savers' Beware of those who would save us from ourselves, in the name of "saving the planet." Ask the good people of West Yellowstone - until recently, a bustling, smiling little western community. Their environmental saviors have just taken away their jobs, their businesses, their culture and their lives. Like classic dictators, they are blinded by the piety of their "high ideals" and driven by a spirit of self-righteousness that knows no bounds. It began with a lawsuit and a shocking display of executive power when federal bureaucrats decreed, in the final hours of the Clinton administration, that all snowmobiling in the national parks would end in three years. The election of George W. Bush brought a partial reprieve in the form of a regulated use plan, limiting the number of snowmobiles per day, requiring more guided trips and banning two-stroke machines. Local businesses invested millions in the new four-stroke technology, only to have a distant federal judge declare it all for naught.... Water prices could rise as contract renewals loom A half-century ago, the federal government moved mountains and harnessed rivers to convert California's Central Valley into some of the nation's most productive farmland, fed by subsidized water at rock-bottom rates. Now, many of those cheap-water contracts are up for renewal, rousing critics who argue that the government should increase its rates, both to generate more revenue and encourage farmers to conserve.... Panel votes to end fee on water Faced with a revolt from water providers, lawmakers on Friday admitted they made a mistake and voted to repeal a water administration fee approved last year to help the state out of its budget crisis. The House Agriculture, Livestock and Natural Resources Committee unanimously approved a plan to refund about $467,000 paid by 23 percent of the owners who received bills. It was sent to the House Appropriations Committee. Lawmakers said they expect quick passage to halt further collection of the fees.... House, Senate approve water deal pieces A legislative package heading off the shutdown of more than 1,300 wells in south-central Idaho won overwhelming initial legislative backing Friday as the House and Senate worked toward adjournment this weekend. The House unanimously approved the multimillion-dollar budget for the deal, while creation of a special commission to promote the aquaculture industry drew no opposition in the Senate.... Editorial: Oil And Trouble A new report on oil development in Alaska's Arctic National Wildlife Refuge was met with the usual howls. But that doesn't change the fact that there are no good reasons not to open oil fields in that region. Last week, the Energy Department's Energy Information Administration issued a study that said oil pumped from ANWR could cut U.S. dependence on foreign oil by nearly 900,000 barrels a day by 2025 — about two-thirds of what we import from Saudi Arabia each day.... U.N. urges Russia to save climate plan The United Nations renewed calls on Friday for Russia to salvage a landmark plan to curb global warming, 10 years after governments agreed to fight a rise in temperatures threatening life on the planet. Kyoto will collapse without Russian backing because it must be ratified by countries accounting for 55 percent of carbon dioxide emissions by industrialised countries.... Consistency takes Childress roper to Houston finals Almost a year ago, it appeared that former National Finals Rodeo calf roping qualifier Stran Smith was all but finished. Last April, Smith suffered a stroke as the result of having a hole in his heart. Doctors advised the Childress cowboy to find another career. But Smith underwent a successful experimental surgery at a Boston hospital and was competing again in July. This season, Smith has fully regained his composure and has finished in the money at eight out of 10 rodeos. He has advanced to today's final round of RodeoHouston after turning in a time of 9.4 seconds Friday night at Reliant Stadium.... On The Edge Of Common Sense: Vermonter still remembers Clyde's '58 mishap It is easy to think of farming as an outdoor sport: blue skies, green pastures, grazing cattle, range chickens and galloping your horse across the plain. But there are parts of the world where the weather forces ingenious farmers to rethink their modus operandi (Latin for: method of losing money). The result is a vast array of ventilated turkey barns, air-conditioned milking parlors, covered roping arenas, slatted floors, misted stalls and non-smoking areas in the farrowing house....
Friday, March 19, 2004
Healthy Forests Act unlikely to get full U.S. funding
The Interior Department will not support a Senate budget plan to fully fund the Healthy Forests Restoration Act, a law passed last year to reduce the threat of catastrophic wildfires, a spokesman said Thursday.
The House Budget Committee this week passed a resolution authorizing $2.4 trillion in federal spending next year. But the measure did not contain a similar forestry provision, likely setting up a showdown in conference with the Senate.
The Senate plan, sponsored by Sen. Ron Wyden, D-Ore., would carve out an additional $343 million to pay for hazardous-fuel reduction and other projects authorized by the forests law, which passed late last year.
President Bush's proposed budget for 2005 meets the $760 million spending level set by the law, but draws all except $80 million of that amount from existing programs administered by the U.S. Forest Service and Interior Department.
John Wright, a spokesman for the department, said the administration would not support Wyden's plan because it could not find enough qualified contractors to justify more spending.
Mark Rey, agriculture undersecretary, did not take a position on the Senate plan, but he agreed that the Forest Service could not ramp up its fuels-reduction work in time to use the additional money.
"I don't believe we could spend that much money in one fiscal year," Rey said....
The Interior Department will not support a Senate budget plan to fully fund the Healthy Forests Restoration Act, a law passed last year to reduce the threat of catastrophic wildfires, a spokesman said Thursday.
The House Budget Committee this week passed a resolution authorizing $2.4 trillion in federal spending next year. But the measure did not contain a similar forestry provision, likely setting up a showdown in conference with the Senate.
The Senate plan, sponsored by Sen. Ron Wyden, D-Ore., would carve out an additional $343 million to pay for hazardous-fuel reduction and other projects authorized by the forests law, which passed late last year.
President Bush's proposed budget for 2005 meets the $760 million spending level set by the law, but draws all except $80 million of that amount from existing programs administered by the U.S. Forest Service and Interior Department.
John Wright, a spokesman for the department, said the administration would not support Wyden's plan because it could not find enough qualified contractors to justify more spending.
Mark Rey, agriculture undersecretary, did not take a position on the Senate plan, but he agreed that the Forest Service could not ramp up its fuels-reduction work in time to use the additional money.
"I don't believe we could spend that much money in one fiscal year," Rey said....
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