Debbie Coffey (c) 2010 All Rights Reserved

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June 18, 2010

Dayne Barron, Field Manager

Eagle Lake Field Office

Bureau of Land Management

2950 Riverside Drive

Susanville, CA 96130

twinpeaks@ca.blm.gov

RE: Twin Peaks Environmental Assessment

DOI-BLM-CA-N050-2010-05-EA

Dear Mr. Barron:

After attending the Eagle Lake field Office public tour of the Twin Peaks area on June 14, 2010, and also reviewing the Twin Peaks Environmental Assessment, I am submitting this public comment (my comments are in bold type):

Foremost, I want to say that YOU ARE REMOVING THE LAST BIG HERD OF WILD HORSES FROM CALIFORNIA. I DON’T THINK ONE WORD IN YOUR 158 PAGE ENVIRONMENTAL ASSESSMENT CAN JUSTIFY THIS.

The Twin Peaks EA states the reason for the gathers is to remove excess wild horses.

On our 5 hour public tour June 14, 2010, we (the public) observed less than 20 horses and only 1 foal in at least 3 hours on back dirt roads in which thousands of acres were clearly visible from the road. I think at your prior public tour, the number of horses sighted were 30 something. Where are all the “excess wild horses”?

The Twin Peaks EA gives calculations on the estimated number of wild horses.

If the BLM has 2 people counting wild horses in aerial flyovers (and one of them is probably the pilot, who’s also busy flying the plane), what are the actual numbers you have counted and in what areas of the HMA were they seen? When was the last year you did this count? Could you please send me the documentation regarding these flyover counts which is more specific?

It seems to me that the BLM’s guess-timate (and insistence) on a 20% increase herd size per year is based on “fuzzy math.” Bill, the retired BLM official from your area who talked during our tour, said it was lucky if 1 foal survived. Bill also mentioned that the best time for gathers was October, but then the hunters would get upset if you did had the gathers at that time of year.

Regarding the EA Map 1. (Twin Peaks HMA and Home Ranges – Approved Gather Site Locations):

This map is small and doesn’t clearly mark private property areas, in comparison with BLM Surface Management Status maps from your office. It seems that most, if not all, of the proposed gather sites are on private property, where the public has no access.

Given that President Obama wants more transparency in our government, if you must have trap sites on private land, you should allow the public, or at least representatives who are horse advocates, to be present all day, every day, at the gather sites.

Also, it was disappointing that you planned a public tour but were all out of BLM maps of Twin Peaks. I’m glad I stopped back by your office after the tour to buy the BLM Surface Management Status maps of the area. In comparison, I noticed that the small map you handed out to us, which was dark green, dark blue and purple, didn’t clearly show all of the water areas, private property areas, or any natural springs.

On our tour, BLM emphasized that lack of WATER was the reason the excess wild horses needed to be gathered. Looking at the BLM Surface Management Status map, I see that within about 13 miles of the area near Observation Point, (where we were on the tour) there are numerous lakes: Willow Lake, Buckhorn Lake, Dry Lake, Pilgrim Lake, SOB Lake, Burnt Lake, Garden Lake and other smaller lakes, not to mention Painters Creek and Cottonwood Creek. Lassen county has over 200 lakes.

Per your EA, Eagle Lake is currently at one of it’s highest surface area levels, (26,000 acres) so it has more water than in the past. On our tour, the only water you showed us was 1 privately owned spring and part of a small creek. We were told that most of the natural springs are privately owned.

My guess is, the privately owned springs are owned by the cattle ranchers who have grazing permits to graze their cattle on public lands. Why can’t the BLM negotiate a deal within the grazing leases for the owners of the springs to share water with the wild horses, since the wild horses (and public) share their land and forage with the cattle ranchers at bargain basement prices?

Also, it seems to me that since the BLM drew the lines creating the HMAs within HA’s, they lacked forsight in not providing areas with enough water for our wild horses. 

The EA table of contents describes the Alternative of removing or reducing livestock within the HMA as “Considered, but dismissed from Detailed Analysis”

Why? And how long was this alternative considered? 30 seconds? You’ve got 158 pages on why wild horses should be removed, but you didn’t do a detailed analysis about reducing livestock?

The Twin Peaks EA (page 58) states that Riparian areas are supposedly destroyed by wild horses “high utilization” and “trampling by wild horses”.

On our BLM tour, the BLM showed us a riparian area, and walking from our cars to the area, there were cow “patties” all over the place.  

The Twin Peaks EA briefly evaluates wild horse predators, and states that there are NO black bears and few mountain lions in the area.

A local resident of Susanville told me that he sees bears all the time near Eagle Lake and Quincy. He saw hunters with a big bear on a truck during hunting season and one of the biggest bears on record was shot near Diamond Mountain. Are we to believe the bears would never wander over to the Twin Peaks HMA?

The local resident told me there is an overpopulation of mountain lions. Apparently, when locals hike on the Biz Johnson trail, they take pistols or sticks. A mountain lion was killed about 3 miles from Susanville in someone’s garage. Regardless of this, given that the Twin Peaks HMA has so many thousands of acres, how is the BLM able to accurately count how many wild horses are killed by mountain lions?

In the EA (about p. 39), the BLM seems concerned that wild horses are ruining “historical, cultural, scenic, wildlife habitats and other natural values”

How many recreational ATVs run over these areas? Sounds like the locals go out and ride ATVs where ever they want. What oversight does your office have of this? How many special use permits has your office granted? What were the special use permits for and what areas have they encompassed? How many cattle trample the same areas you state the horses are ruining?

Your EA states that you plan to use contraceptives on our wild horses of California.

I object to our wild horses being used in BLM’s experiments with unapproved vaccines. My understanding is that these are “field trials.” Has the contraceptive you plan to use been “approved” for general use yet? Does the BLM have a special permit from the USDA or FDA to use this experimental drug? Can you please send me a copy of this permit? 

The contractor you are using for the gathers is Cattoor Livestock Roundup Company.

In 1992, in The United States of America, Plaintiff, vs. David L. Cattoor, Defendant, Dave Cattoor received a criminal indictment by a federal grand jury for aiding and abetting in the use of aircraft to hunt wild horses. This documents states David Cattoor did knowingly, willfully and unlawfully conspire to use an aircraft for the purpose of capturing and killing wild, unbranded horses, mares and colts on public land in violation of Title 18, United States Code, Section 47. So, presumably, if the BLM has contracted Cattoor Livestock Roundup Company, David Cattoor is to be on your gather sites and presumably will be directing (or assisting) your gathers. Is the BLM going to allow a known criminal on the gather site every day, while at the same time, denying daily access to the public? 

I am specifically requesting:

  1. The public be allowed to view the gathers all day, every day.
  2. That one wild horse advocate be allowed to accompany BLM on all aerial counts of wild horses.
  3. Since most of the land I saw was covered with sharp, jagged volcanic rock and since you will be conducting these gathers and running our wild horses over long distances during the hottest time of the year, I am requesting that you have a veterinarian present all day, every day at all of the gathers.

Last, but by no means least, your EA sited the Wild Free-Roaming Horses and Burro Act of 1971 (as amended) and several regulations that the BLM claims gives them the authority for the Twin Peaks gathers.

Please be advised that in the case of Colorado Wild Horse and Burro Coalition vs. Ken Salazar, Secretary, U.S. Department of the Interior, et al on August 5, 2009, Judge Rosemary M. Collyer of the United States district Court, District of Columbia, ruled as follows:

“The Court finds that the BLM’s decision to remove the West Douglas herd exceeds the scope of authority that Congress delegated to it in the Wild Horse Act.” And also stated “It is a federal crime to remove a wild free-roaming horse or burro from public lands, convert a wild free-roaming horse for private use, or kill or harass a wild free-roaming horse or burro. Congress delegated to the Secretary of Agriculture and the Secretary of the Interior jurisdiction over all wild free roaming horses and burros ‘for the purpose of management and protections in accordance with the provisions of this chapter’.”

With the proposed Twin Peaks gather, you, the BLM, will be in violation of the law you were appointed to enforce.

Sincerely,

Debbie Coffey