Old but interesting case...could have been won if challenged on CONSTITUTIONAL grounds for BLMs unconstitutional nullification of statutes (WFHBA of 1971 & FLMPA)http://ftp.resource.org/courts.gov/c/F3/460/460.F3d.13.04-5359.html
Case dismissed, finding;
"...The federal courts are not authorized to review agency policy choices in the abstract. In the absence of a specific statutory review provision—neither the Wild Horses and Burros Act nor NEPA contains one—the Administrative Procedure Act provides a generic cause of action to "[a] person suffering legal wrong (harm) because of agency action, or adversely affected or aggrieved (harmed) by agency action." 5 U.S.C. § 702 (emphasis added). Review under the APA is further limited to "final agency action for which there is no other adequate remedy in a court." Id. § 704 (emphasis added). Whether there has been "agency action" or "final agency action" within the meaning of the APA are threshold questions; if these requirements are not met, the action is not reviewable.4 See Nat'l Ass'n of Home Builders v. Norton, 415 F.3d 8, 13 (D.C.Cir.2005); DRG Funding Corp. v. Sec'y of Housing & Urban Dev., 76 F.3d 1212, 1214 (D.C.Cir.1996)...."
My commentary:
While it may be true that neither the WFHBA nor NEPA contain a statutory review provision upon which one could sue,.....(the APA requires a final determination as well as harm) The U.S. Constitution DOES provide broad review provisions for those alleging violations of same, and harm NEED NOT be claimed as the violation of the Constitution is the harm in and of itself) Whenever it is alleged that the Constitution has been violated, that is a cause of action in itself. For instance,...if you have been discriminated at work or at school, you could sue under violation of the Civil Rights Act. If you have been denied due process you could sue under the due process clause,...etc. etc.
If federal statutes are being ignored they are,... in effect, nullified,...and the remedy would be to sue those ignoring the statues for a wrongful infringment of the SEPERATION OF POWERS clause of the US Constitution.
Only the legislative branch of our govt can make or nullify law.
The BLM, in ignoring the statues enacted to keep the wild ones upon their traditional lands and to be principle users of same,...and by their ignorning certain exemptions and provisions of FLMPA,....are NULLIFYING statues which is an unconstitutional delegation of power (onto themselves) of the lawmaking (or breaking) powers granted ONLY to the legislature.
The BLM needs to be sued for upsurping the powers of the legislature by their nullification of statutory law.
Thursday, September 30, 2010
The Jonah Field: Poster Child for Drilling Gone Wrong
http://www.voiceforthewild.org/blm/Jonah_field/JonahFactSheet.pdf
A FOIA Request is needed to see what lands the Bureau of Reclaimation has asked the BLM to remove wild horses and burros from.............there is no doubt in my mind that this agency is responsible for at least some of the removals and when they ask BLM answers and gives them whatever they want.
A FOIA Request is needed to see what lands the Bureau of Reclaimation has asked the BLM to remove wild horses and burros from.............there is no doubt in my mind that this agency is responsible for at least some of the removals and when they ask BLM answers and gives them whatever they want.
BLM Proposes New Strategy for WFH&B Managment
Something they should have done in 1971 and again in 1976 with the passage of the Fed Lands Management and Policy Act (FLMPA) which REQUIRES a written strategy called a RESOURCE MANAGEMENT PLAN;
http://www.blm.gov/wo/st/en/info/newsroom/2010/june/NR_06_03_2010.html
Something the BLM has NEVER done for WFRHBA's except for as an instrument of removal or of zeroing out....
http://www.blm.gov/wo/st/en/info/newsroom/2010/june/NR_06_03_2010.html
Something the BLM has NEVER done for WFRHBA's except for as an instrument of removal or of zeroing out....
Update: Jubic v. Salazar, Ely FOIA Case # 10-1361 (RWR)
9/30/10
Received motion from DOJ for an extention of time to answer my complaint, saying also, "In addition to investigating the facts of the case, the Agency is in the process of producing additional records in response to Plaintiffs FOIA Request."
Cant wait to see what these "additional documents" might be, and if they dont give us information regarding the whereabouts of all 600+ horses we will will NOT be happy with that reply either. We want to know where they ALL went.
Will keep yas posted here on progress as it unfolds in this case.
Received motion from DOJ for an extention of time to answer my complaint, saying also, "In addition to investigating the facts of the case, the Agency is in the process of producing additional records in response to Plaintiffs FOIA Request."
Cant wait to see what these "additional documents" might be, and if they dont give us information regarding the whereabouts of all 600+ horses we will will NOT be happy with that reply either. We want to know where they ALL went.
Will keep yas posted here on progress as it unfolds in this case.
Wednesday, September 29, 2010
Talking about The Act, Amendments & Statutory Nullifications & Stuff
This will be a works in progress as I have much to discuss here, particularly in regards to at least FOUR federal statutes that the BLM is illegally, Un-Constitutionally nullifying by ignoring them.
I will start with a copy of the act and in the link directly below this paragraph, a discussion about The Act and how the BLM is applying it or thinks it should be applied. They have so butchered The Act and disected it over the years it is hardly recognisable from what it was in 1971, and I take particular offence to them inserting the "mandatory use and sustainability of yield" criteria into The Act itself apparently by amendment in 1976 when The Federal Lands Managment and Policy Act (FLMPA) was passed, ....MANDATING a multiple use of public lands with "sustainability of yield" as a determining facter in land managment plans,....AS IF the WFH&B lands WERE NOT exempt from these new (FLMPA) provisions (which they ARE under the very provisions FLMPA itself! (I will get to the exact sec of law in a later post)
http://goliath.ecnext.com/coms2/gi_0199-5204066/The-Wild-Free-Roaming-Horses.html
Bold face type indicates revisions to the Wild Free-Roaming Horse and Burro Act (Public Law 92-195). Sections 2. and 3. were modified by the Public Rangelands Improvement Act of 1978; Section 9. was modified by the Federal Land Policy and Management Act of 1976. (to allow for helicopter round-ups)
(Public Law 92-195)
To require the protection, management, and control of wild free-roaming horses and burros on public lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress finds and declares that wild free-roaming horses and burros are living symbols of the historic and pioneer spirit of the West; that they contribute to the diversity of life forms within the Nation and enrich the lives of the American people; and that these horses and burros are fast disappearing from the American scene. It is the policy of Congress that wild free-roaming horses and burros shall be protected from capture, branding, harassment, or death; and to accomplish this they are to be considered in the area where presently found, as an integral part of the natural system of the public lands.
Sec. 2. As used in this Act-
(a) "Secretary" means the Secretary of the Interior when used in connection with public lands administered by him through the Bureau of Land Management and the Secretary of Agriculture in connection with public lands administered by him through the Forest Service;
(b) "wild free-roaming horses and burros" means all unbranded and unclaimed horses and burros on public lands of the United States;(According to this section of law, any and all unbranded and unclaimed horses and burros are to be considered "wild and free-roaming" and therefore protected under the Act. Why does this not apply to all the herds, like the ones in our National Parks? And why does Nevada get to sell off what it calls unbranded "strays?")
(c) "range" means the amount of land necessary to sustain an existing herd or herds of wild free-roaming horses and burros, which does not exceed their known territorial limits, and which is devoted principally but not necessarily exclusively to their welfare in keeping with the multiple-use management concept for the public lands; - (illegal / exempt)
(d) "herd" means one or more stallions and his mares; and
(e) "public lands" means any lands administered by the Secretary of the Interior through the Bureau of Land Management or by the Secretary of Agriculture through the Forest Service.
(f) "excess animals" means wild free-roaming horses or burros (1) which have been removed from an area by the Secretary pursuant to application law or, (2) which must be removed from an area in order to preserve and maintain a thriving natural ecological balance and multiple-use relationship in that area.
Sec. 3.
(a) All wild free-roaming horses and burros are hereby declared to be under the jurisdiction of the Secretary for the purpose of management and protection in accordance with the provisions of this Act. The Secretary is authorized and directed to protect and manage wild free-roaming horses and burros as components of the public lands, and he may designate and maintain specific ranges on public lands as sanctuaries for their protection and preservation, where the Secretary after consultation with the wildlife agency of the State wherein any such range is proposed and with the Advisory Board established in section 7 of this Act deems such action desirable. The Secretary shall manage wild free-roaming horses and burros in a manner that is designed to achieve and maintain a thriving natural ecological balance on the public lands. He shall consider the recommendations of qualified scientists in the field of biology and ecology, some of whom shall be independent of both Federal and State agencies and may include members of the Advisory Board established in section 7 of this Act. All management activities shall be at the minimal feasible level and shall be carried out in consultation with the wildlife agency of the State wherein such lands are located in order to protect the natural ecological balance of all wildlife species which inhabit such lands, particularly endangered wildlife species. Any adjustments in forage allocations on any such lands shall take into consideration the needs of other wildlife species which inhabit such lands.
(b) (1) The Secretary shall maintain a current inventory of wild free-roaming horses and burros on given areas of the public lands. The purpose of such inventory shall be to: make determinations as to whether and where an overpopulation exists and whether action should be taken to remove excess animals; determine appropriate management levels of wild free-roaming horses and burros on these areas of the public lands; and determine whether appropriate management levels should be achieved by the removal or destruction of excess animals, or other options (such as sterilization, or natural controls on population levels). In making such determinations the Secretary shall consult with the United States Fish and Wildlife Service, wildlife agencies of the State or States wherein wild free-roaming horses and burros are located, such individuals independent of Federal and State government as have been recommended by the National Academy of Sciences, and such other individuals whom he determines have scientific expertise and special knowledge of wild horse and burro protection, wild-life management and animal husbandry as related to rangeland management.
(2) Where the Secretary determines on the basis of (i) the current inventory of lands within his jurisdiction; (ii) information contained in any land use planning completed pursuant to section 202 of the Federal Land Policy and Management Act of 1976; (iii) information contained in court ordered environmental impact statements as defined in section 2 of the Public Rangelands Improvement Act of 1978; and (iv) such additional information as becomes available to him from time to time, including that information developed in the research study mandated by this section, or in the absence of the information contained in (i-iv) above on the basis of all information currently available to him, that an overpopulation exists on a given area of the public lands and that action is necessary to remove excess animals, he shall immediately remove excess animals from the range so as to achieve appropriate management levels. Such action shall be taken, in the following order and priority, until all excess animals have been removed so as to restore a thriving natural ecological balance to the range, and protect the range from the deterioration associated with overpopulation:
(A) The Secretary shall order old, sick, or lame animals to be destroyed in the most humane manner possible;
(B) The Secretary shall cause such number of additional excess wild free-roaming horses and burros to be humanely captured and removed for private maintenance and care for which he determines an adoption demand exists by qualified individuals, and for which he determines he can assure humane treatment and care (including proper transportation, feeding, and handling): Provided, That, not more than four animals may be adopted per year by any individual unless the Secretary determines in writing that such individual is capable of humanely caring for more than four animals, including the transportation of such animals by the adopting party; and [PRIA 10/25/1978]
(C) The Secretary shall cause additional excess wild free roaming horses and burros for which an adoption demand by qualified individuals does not exist to be destroyed in the most humane and cost efficient manner possible.
(3) For the purpose of furthering knowledge of wild horse and burro population dynamics and their interrelationship with wildlife, forage and water resources, and assisting him in making his determination as to what constitutes excess animals, the Secretary shall contract for a research study of such animals with such individuals independent of Federal and State government as may be recommended by the National Academy of Sciences for having scientific expertise and special knowledge of wild horse and burro protection, wildlife management and animal husbandry as related to rangeland management. The terms and outline of such research study shall be determined by a redesign panel to be appointed by the President of the National Academy of Sciences. Such study shall be completed and submitted by the Secretary to the Senate and House of Representatives on or before January 1, 1983.
(c) Where excess animals have been transferred to a qualified individual for adoption and private maintenance pursuant to this Act and the Secretary determines that such individual has provided humane conditions, treatment and care for such animal or animals for a period of one year, the Secretary is authorized upon application by the transferee to grant title to not more than four animals to the transferee at the end of the one-year period.
(d) Wild free-roaming horses and burros or their remains shall lose their status as wild free-roaming horses or burros and shall no longer be considered as falling within the purview of this Act- (1) upon passage of title pursuant to subsection (c) except for the limitation of subsection (c)(1) of this section, or (2) if they have been transferred for private maintenance or adoption pursuant to this Act and die of natural causes before passage of title; or (3) upon destruction by the Secretary or his designee pursuant to subsection (b) of this section; or (4) if they die of natural causes on the public lands or on private lands where maintained thereon pursuant to section 4 and disposal is authorized by the Secretary or his designee; or (5) upon destruction or death for purposes of or incident to the program authorized in section 3 of this Act; Provided, That no wild free-roaming horse or burro or its remains may be sold or transferred for consideration for processing into commercial products.
Sec. 4. If wild free-roaming horses or burros stray from public lands onto privately owned land, the owners of such land may inform the nearest Federal marshall or agent of the Secretary, who shall arrange to have the animals removed. In no event shall such wild free-roaming horses and burros be destroyed except by the agents of the Secretary. Nothing in this section shall be construed to prohibit a private landowner from maintaining wild free-roaming horses or burros on his private lands, or lands leased from the Government, if he does so in a manner that protects them from harassment, and if the animals were not willfully removed or enticed from the public lands. Any individuals who maintain such wild free-roaming horses and burros on their private lands or lands leased from the Government shall notify the appropriate agent of the Secretary and supply him with a reasonable approximation of the number of animals so maintained.
Sec. 5. A person claiming ownership of a horse or burro on the public lands shall be entitled to recover it only if recovery is permissible under the branding and estray laws of the State in which the animal is found.
Sec. 6. The Secretary is authorized to enter into cooperative agreements with other landowners and with the State and local governmental agencies and may issue such regulations as he deems necessary for the furtherance of the purposes of this Act.(Here you see the Secretary has always had the power to do whatever he deems necessary with the wild ones. There is/was no need for them to create any new law to allow him to place the wild ones anywhere he wants, either on public or private land or with organizations or individuals, or with Madeline Pickins or with the Mustang Makeover People or whatever,.... They always have had the power to do with them as they damn well pleased,....and the provision of the WFHBA entitling the wild equines to be principal users of their lands HAS NEVER been enforced. Dont you think its about damn time?)
Sec. 7. The Secretary of the Interior and the Secretary of Agriculture are authorized and directed to appoint a joint advisory board of not more than nine members to advise them on any matter relating to wild free-roaming horses and burros and their management and protection. They shall select as advisers persons who are not employees of the Federal or State Governments and whom they deem to have special knowledge about protection of horses and burros, management of wildlife, animal husbandry, or natural resources management. Members of this board shall not receive reimbursement except for travel and other expenditures necessary in connection with their services.
Sec. 8.
(a) Any person who—
(1) willfully removes or attempts to remove a wild free-roaming horse or burro from the public lands, without authority from the Secretary, or
(2) converts a wild free-roaming horse or burro to private use, without authority from the Secretary, or
(3) maliciously causes the death or harassment of any wild free-roaming horse or burro, or
(4) processes or permits to be processed into commercial products the remains of a wild free-roaming horse or burro, or
(5) sells, directly or indirectly, a wild free-roaming horse or burro maintained on private or leased land pursuant to section 4 of this Act, or the remains thereof, or
(6) willfully violates a regulation issued pursuant to this Act, shall be subject to a fine of not more than $2,000, or imprisonment for not more than one year, or both. Any person so charged with such violation by the Secretary may be tried and sentenced by any United States commissioner or magistrate designated for that purpose by the court by which he was appointed, in the same manner and subject to the same conditions as provided for in section 3401, title 18, United States Code.
(b) Any employee designated by the Secretary of the Interior or the Secretary of Agriculture shall have power, without warrant, to arrest any person committing in the presence of such employee a violation of this Act or any regulation made pursuant thereto, and to take such person immediately for examination or trail before an officer or court of competent jurisdiction, and shall have power to execute any warrant or other process issued by an officer or court of competent jurisdiction to enforce the provisions of this Act or regulations made pursuant thereto. Any judge of a court established under the laws of the United States, or any United States magistrate may, within his respective jurisdiction, upon proper oath or affirmation showing probable cause, issue warrants in all such cases.
Sec. 9. In administering this Act, the Secretary may use or contract for the use of helicopters or, for the purpose of transporting captured animals, motor vehicles. Such use shall be undertaken only after a public hearing and under the direct supervision of the Secretary or of a duly authorized official or employee of the Department. The provisions of subsection (a) of the Act of September 8, 1959 (73 Stat. 470; 18 U.S.C. 47(a)) shall not be applicable to such use. Such use shall be in accordance with humane procedures prescribed by the Secretary.
Sec. 10. Nothing in this Act shall be construed to authorize the Secretary to relocate wild free-roaming horses or burros to areas of the public lands where they do not presently exist.
Sec. 11. After the expiration of thirty calendar months following the date of enactment of this Act, and every twenty-four calendar months thereafter, the Secretaries of the Interior and Agriculture will submit to Congress a joint report on the administration of this Act, including a summary of enforcement and/or other actions taken thereunder, costs, and such recommendations for legislative or other actions he might deem appropriate.
The Secretary of the Interior and the Secretary of Agriculture shall consult with respect to the implementation and enforcement of this Act and to the maximum feasible extent coordinate the activities of their respective departments and in the implementation and enforcement of this Act. The Secretaries are authorized and directed to undertake those studies of the habits of wild free-roaming horses and burros that they may deem necessary in order to carry out the provisions of this Act.
-----------
FOUR FEDERAL STATUTES the BLM is NULLIFYING
1. Nullification of that portion of the WFHBA that provides protection to the wild ones as principle users of their (traditional) lands as known in 1971
2. Nullification of that portion of FLPMA that exempts certain lands from any "multiple use and/or sustainability of yield" requirements,..specificallyexemption lands that were specially designated for a certain use previous to 1976 - which would include any known traditional wild horse (and burro) lands: hence, there is no MANDATORY multi-use or sustainibility of yield factors to consider in making or revising land use plans where wild horse (and burro) lands are involved (other uses can be permitted (discretionary) so long as the wild ones have principle use)
3. Nullification of 202 of the Federal Land Policy and Management Act of 1976 which requires that ALL resources managed upon public lands have a written resource management plan of its own. This is something that was NEVER done by the BLM in laying out its overall WFH&B management plans, particularly on a herd-by-herd management area. The only time the wild ones are mentioned in any land use management plans is when it is a plan for their removal. There has NEVER been issued a RMP specifically for the managment of our National Herds on the whole, as required by this section of FLMPA...
4. Nullification of Sec. ____of FLMPA which requires that Congress be notified of any change in land use management plans that involve ______amount of acres or more. This is because the BLM (admitted) to at least one advocate, that they never considered the wild horses and burros as a "resource." Dont you think it is time that they do?
I will start with a copy of the act and in the link directly below this paragraph, a discussion about The Act and how the BLM is applying it or thinks it should be applied. They have so butchered The Act and disected it over the years it is hardly recognisable from what it was in 1971, and I take particular offence to them inserting the "mandatory use and sustainability of yield" criteria into The Act itself apparently by amendment in 1976 when The Federal Lands Managment and Policy Act (FLMPA) was passed, ....MANDATING a multiple use of public lands with "sustainability of yield" as a determining facter in land managment plans,....AS IF the WFH&B lands WERE NOT exempt from these new (FLMPA) provisions (which they ARE under the very provisions FLMPA itself! (I will get to the exact sec of law in a later post)
http://goliath.ecnext.com/coms2/gi_0199-5204066/The-Wild-Free-Roaming-Horses.html
Bold face type indicates revisions to the Wild Free-Roaming Horse and Burro Act (Public Law 92-195). Sections 2. and 3. were modified by the Public Rangelands Improvement Act of 1978; Section 9. was modified by the Federal Land Policy and Management Act of 1976. (to allow for helicopter round-ups)
(Public Law 92-195)
To require the protection, management, and control of wild free-roaming horses and burros on public lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress finds and declares that wild free-roaming horses and burros are living symbols of the historic and pioneer spirit of the West; that they contribute to the diversity of life forms within the Nation and enrich the lives of the American people; and that these horses and burros are fast disappearing from the American scene. It is the policy of Congress that wild free-roaming horses and burros shall be protected from capture, branding, harassment, or death; and to accomplish this they are to be considered in the area where presently found, as an integral part of the natural system of the public lands.
Sec. 2. As used in this Act-
(a) "Secretary" means the Secretary of the Interior when used in connection with public lands administered by him through the Bureau of Land Management and the Secretary of Agriculture in connection with public lands administered by him through the Forest Service;
(b) "wild free-roaming horses and burros" means all unbranded and unclaimed horses and burros on public lands of the United States;(According to this section of law, any and all unbranded and unclaimed horses and burros are to be considered "wild and free-roaming" and therefore protected under the Act. Why does this not apply to all the herds, like the ones in our National Parks? And why does Nevada get to sell off what it calls unbranded "strays?")
(c) "range" means the amount of land necessary to sustain an existing herd or herds of wild free-roaming horses and burros, which does not exceed their known territorial limits, and which is devoted principally but not necessarily exclusively to their welfare in keeping with the multiple-use management concept for the public lands; - (illegal / exempt)
(d) "herd" means one or more stallions and his mares; and
(e) "public lands" means any lands administered by the Secretary of the Interior through the Bureau of Land Management or by the Secretary of Agriculture through the Forest Service.
(f) "excess animals" means wild free-roaming horses or burros (1) which have been removed from an area by the Secretary pursuant to application law or, (2) which must be removed from an area in order to preserve and maintain a thriving natural ecological balance and multiple-use relationship in that area.
Sec. 3.
(a) All wild free-roaming horses and burros are hereby declared to be under the jurisdiction of the Secretary for the purpose of management and protection in accordance with the provisions of this Act. The Secretary is authorized and directed to protect and manage wild free-roaming horses and burros as components of the public lands, and he may designate and maintain specific ranges on public lands as sanctuaries for their protection and preservation, where the Secretary after consultation with the wildlife agency of the State wherein any such range is proposed and with the Advisory Board established in section 7 of this Act deems such action desirable. The Secretary shall manage wild free-roaming horses and burros in a manner that is designed to achieve and maintain a thriving natural ecological balance on the public lands. He shall consider the recommendations of qualified scientists in the field of biology and ecology, some of whom shall be independent of both Federal and State agencies and may include members of the Advisory Board established in section 7 of this Act. All management activities shall be at the minimal feasible level and shall be carried out in consultation with the wildlife agency of the State wherein such lands are located in order to protect the natural ecological balance of all wildlife species which inhabit such lands, particularly endangered wildlife species. Any adjustments in forage allocations on any such lands shall take into consideration the needs of other wildlife species which inhabit such lands.
(b) (1) The Secretary shall maintain a current inventory of wild free-roaming horses and burros on given areas of the public lands. The purpose of such inventory shall be to: make determinations as to whether and where an overpopulation exists and whether action should be taken to remove excess animals; determine appropriate management levels of wild free-roaming horses and burros on these areas of the public lands; and determine whether appropriate management levels should be achieved by the removal or destruction of excess animals, or other options (such as sterilization, or natural controls on population levels). In making such determinations the Secretary shall consult with the United States Fish and Wildlife Service, wildlife agencies of the State or States wherein wild free-roaming horses and burros are located, such individuals independent of Federal and State government as have been recommended by the National Academy of Sciences, and such other individuals whom he determines have scientific expertise and special knowledge of wild horse and burro protection, wild-life management and animal husbandry as related to rangeland management.
(2) Where the Secretary determines on the basis of (i) the current inventory of lands within his jurisdiction; (ii) information contained in any land use planning completed pursuant to section 202 of the Federal Land Policy and Management Act of 1976; (iii) information contained in court ordered environmental impact statements as defined in section 2 of the Public Rangelands Improvement Act of 1978; and (iv) such additional information as becomes available to him from time to time, including that information developed in the research study mandated by this section, or in the absence of the information contained in (i-iv) above on the basis of all information currently available to him, that an overpopulation exists on a given area of the public lands and that action is necessary to remove excess animals, he shall immediately remove excess animals from the range so as to achieve appropriate management levels. Such action shall be taken, in the following order and priority, until all excess animals have been removed so as to restore a thriving natural ecological balance to the range, and protect the range from the deterioration associated with overpopulation:
(A) The Secretary shall order old, sick, or lame animals to be destroyed in the most humane manner possible;
(B) The Secretary shall cause such number of additional excess wild free-roaming horses and burros to be humanely captured and removed for private maintenance and care for which he determines an adoption demand exists by qualified individuals, and for which he determines he can assure humane treatment and care (including proper transportation, feeding, and handling): Provided, That, not more than four animals may be adopted per year by any individual unless the Secretary determines in writing that such individual is capable of humanely caring for more than four animals, including the transportation of such animals by the adopting party; and [PRIA 10/25/1978]
(C) The Secretary shall cause additional excess wild free roaming horses and burros for which an adoption demand by qualified individuals does not exist to be destroyed in the most humane and cost efficient manner possible.
(3) For the purpose of furthering knowledge of wild horse and burro population dynamics and their interrelationship with wildlife, forage and water resources, and assisting him in making his determination as to what constitutes excess animals, the Secretary shall contract for a research study of such animals with such individuals independent of Federal and State government as may be recommended by the National Academy of Sciences for having scientific expertise and special knowledge of wild horse and burro protection, wildlife management and animal husbandry as related to rangeland management. The terms and outline of such research study shall be determined by a redesign panel to be appointed by the President of the National Academy of Sciences. Such study shall be completed and submitted by the Secretary to the Senate and House of Representatives on or before January 1, 1983.
(c) Where excess animals have been transferred to a qualified individual for adoption and private maintenance pursuant to this Act and the Secretary determines that such individual has provided humane conditions, treatment and care for such animal or animals for a period of one year, the Secretary is authorized upon application by the transferee to grant title to not more than four animals to the transferee at the end of the one-year period.
(d) Wild free-roaming horses and burros or their remains shall lose their status as wild free-roaming horses or burros and shall no longer be considered as falling within the purview of this Act- (1) upon passage of title pursuant to subsection (c) except for the limitation of subsection (c)(1) of this section, or (2) if they have been transferred for private maintenance or adoption pursuant to this Act and die of natural causes before passage of title; or (3) upon destruction by the Secretary or his designee pursuant to subsection (b) of this section; or (4) if they die of natural causes on the public lands or on private lands where maintained thereon pursuant to section 4 and disposal is authorized by the Secretary or his designee; or (5) upon destruction or death for purposes of or incident to the program authorized in section 3 of this Act; Provided, That no wild free-roaming horse or burro or its remains may be sold or transferred for consideration for processing into commercial products.
Sec. 4. If wild free-roaming horses or burros stray from public lands onto privately owned land, the owners of such land may inform the nearest Federal marshall or agent of the Secretary, who shall arrange to have the animals removed. In no event shall such wild free-roaming horses and burros be destroyed except by the agents of the Secretary. Nothing in this section shall be construed to prohibit a private landowner from maintaining wild free-roaming horses or burros on his private lands, or lands leased from the Government, if he does so in a manner that protects them from harassment, and if the animals were not willfully removed or enticed from the public lands. Any individuals who maintain such wild free-roaming horses and burros on their private lands or lands leased from the Government shall notify the appropriate agent of the Secretary and supply him with a reasonable approximation of the number of animals so maintained.
Sec. 5. A person claiming ownership of a horse or burro on the public lands shall be entitled to recover it only if recovery is permissible under the branding and estray laws of the State in which the animal is found.
Sec. 6. The Secretary is authorized to enter into cooperative agreements with other landowners and with the State and local governmental agencies and may issue such regulations as he deems necessary for the furtherance of the purposes of this Act.(Here you see the Secretary has always had the power to do whatever he deems necessary with the wild ones. There is/was no need for them to create any new law to allow him to place the wild ones anywhere he wants, either on public or private land or with organizations or individuals, or with Madeline Pickins or with the Mustang Makeover People or whatever,.... They always have had the power to do with them as they damn well pleased,....and the provision of the WFHBA entitling the wild equines to be principal users of their lands HAS NEVER been enforced. Dont you think its about damn time?)
Sec. 7. The Secretary of the Interior and the Secretary of Agriculture are authorized and directed to appoint a joint advisory board of not more than nine members to advise them on any matter relating to wild free-roaming horses and burros and their management and protection. They shall select as advisers persons who are not employees of the Federal or State Governments and whom they deem to have special knowledge about protection of horses and burros, management of wildlife, animal husbandry, or natural resources management. Members of this board shall not receive reimbursement except for travel and other expenditures necessary in connection with their services.
Sec. 8.
(a) Any person who—
(1) willfully removes or attempts to remove a wild free-roaming horse or burro from the public lands, without authority from the Secretary, or
(2) converts a wild free-roaming horse or burro to private use, without authority from the Secretary, or
(3) maliciously causes the death or harassment of any wild free-roaming horse or burro, or
(4) processes or permits to be processed into commercial products the remains of a wild free-roaming horse or burro, or
(5) sells, directly or indirectly, a wild free-roaming horse or burro maintained on private or leased land pursuant to section 4 of this Act, or the remains thereof, or
(6) willfully violates a regulation issued pursuant to this Act, shall be subject to a fine of not more than $2,000, or imprisonment for not more than one year, or both. Any person so charged with such violation by the Secretary may be tried and sentenced by any United States commissioner or magistrate designated for that purpose by the court by which he was appointed, in the same manner and subject to the same conditions as provided for in section 3401, title 18, United States Code.
(b) Any employee designated by the Secretary of the Interior or the Secretary of Agriculture shall have power, without warrant, to arrest any person committing in the presence of such employee a violation of this Act or any regulation made pursuant thereto, and to take such person immediately for examination or trail before an officer or court of competent jurisdiction, and shall have power to execute any warrant or other process issued by an officer or court of competent jurisdiction to enforce the provisions of this Act or regulations made pursuant thereto. Any judge of a court established under the laws of the United States, or any United States magistrate may, within his respective jurisdiction, upon proper oath or affirmation showing probable cause, issue warrants in all such cases.
Sec. 9. In administering this Act, the Secretary may use or contract for the use of helicopters or, for the purpose of transporting captured animals, motor vehicles. Such use shall be undertaken only after a public hearing and under the direct supervision of the Secretary or of a duly authorized official or employee of the Department. The provisions of subsection (a) of the Act of September 8, 1959 (73 Stat. 470; 18 U.S.C. 47(a)) shall not be applicable to such use. Such use shall be in accordance with humane procedures prescribed by the Secretary.
Sec. 10. Nothing in this Act shall be construed to authorize the Secretary to relocate wild free-roaming horses or burros to areas of the public lands where they do not presently exist.
Sec. 11. After the expiration of thirty calendar months following the date of enactment of this Act, and every twenty-four calendar months thereafter, the Secretaries of the Interior and Agriculture will submit to Congress a joint report on the administration of this Act, including a summary of enforcement and/or other actions taken thereunder, costs, and such recommendations for legislative or other actions he might deem appropriate.
The Secretary of the Interior and the Secretary of Agriculture shall consult with respect to the implementation and enforcement of this Act and to the maximum feasible extent coordinate the activities of their respective departments and in the implementation and enforcement of this Act. The Secretaries are authorized and directed to undertake those studies of the habits of wild free-roaming horses and burros that they may deem necessary in order to carry out the provisions of this Act.
-----------
FOUR FEDERAL STATUTES the BLM is NULLIFYING
1. Nullification of that portion of the WFHBA that provides protection to the wild ones as principle users of their (traditional) lands as known in 1971
2. Nullification of that portion of FLPMA that exempts certain lands from any "multiple use and/or sustainability of yield" requirements,..specificallyexemption lands that were specially designated for a certain use previous to 1976 - which would include any known traditional wild horse (and burro) lands: hence, there is no MANDATORY multi-use or sustainibility of yield factors to consider in making or revising land use plans where wild horse (and burro) lands are involved (other uses can be permitted (discretionary) so long as the wild ones have principle use)
3. Nullification of 202 of the Federal Land Policy and Management Act of 1976 which requires that ALL resources managed upon public lands have a written resource management plan of its own. This is something that was NEVER done by the BLM in laying out its overall WFH&B management plans, particularly on a herd-by-herd management area. The only time the wild ones are mentioned in any land use management plans is when it is a plan for their removal. There has NEVER been issued a RMP specifically for the managment of our National Herds on the whole, as required by this section of FLMPA...
4. Nullification of Sec. ____of FLMPA which requires that Congress be notified of any change in land use management plans that involve ______amount of acres or more. This is because the BLM (admitted) to at least one advocate, that they never considered the wild horses and burros as a "resource." Dont you think it is time that they do?
Thursday, September 23, 2010
Word frum DOJ Re: FOIA Request / Ely BLM
Be sure to read the definition for explaination; http://www.youtube.com/watch?v=u5DoJ7_nFpk
Monday, September 20, 2010
SOS for HR 503 - Action Needed Now!
HORSE PROTECTORS - AFTER YOU CALL ALL YOUR CONGRESSMEN - SEND THIS EMAIL TO PELOSI - EMERGENCY ACTION NEEDED
by Judy Levy on Sunday, September 19, 2010 at 4:00pm
CLICK HERE TO SEND THE FOLLOWING EMAIL TO NANCY PELOSI - SPEAKER OF THE HOUSE IN WASHINGTON...SHE IS THE ONLY PERSON WHO CAN OVERRIDE THE COMMITTEE WHO DOES NOT WANT HR503 TO PASS TO SAVE AMERICAN HORSES...EMAIL HER NOW, PLEASE FOR THE HORSES...WE HAVE 36 HOURS TO GET HER TO DO THIS.....
IF YOU LIVE IN THE U.S. CALL HER ALSO...ALL YOU HAVE TO SAY IS THIS: I WANT HR503 BROUGHT TO THE FLOOR FOR A FULL VOTE BEFORE ELECTION DAY.
CLICK HERE NOW AND SEND THIS EMAIL. CLICK HERE TO FIND HER TELEPHONE NUMBER.
http://www.speaker.gov/contact/
The Honorable Nancy Pelosi
Office of the Speaker of the House
H-232, The U.S. Capitol
Washington, D.C. 20515
Dear Madame Speaker:
I write to you in strong support of the Prevention of Equine Cruelty Act (H.R. 503), legislation to ban the slaughter of American horses for human consumption and prevent the export of live horses for the same purpose. With 183 bipartisan cosponsors in the House, 28 in the Senate, and tremendous public support, I urge you to allow this bill a vote in the House.
Equine slaughter is inhumane by nature. Horses have a fractious reaction to the stress induced by chutes, kill boxes, puntilla knives and captive bolt stun systems, causing these animals to suffer immensely and die an inhumane death. These animals are subjected to brutal transport conditions on their way to slaughter facilities. In addition, the consumption of horsemeat poses a serious public health threat as this meat contains substances banned for human consumption by the U.S. Food and Drug Administration.
Since 2005, Congress has repeatedly voted to shut down the cruel practice of horse slaughter and included appropriations language to defund the USDA inspection of horses and horsemeat as a stopgap measure until a permanent federal ban is passed. The last three horse slaughter plants on U.S. soil were closed by enforcement of state law in Texas and a recently enacted ban on horse slaughter in Illinois. As you know, California overwhelmingly banned horse slaughter over a decade ago, and the state legislature just passed a resolution in favor of passing the Prevention of Equine Cruelty Act.
Still, American horses continue to be sent over the border for human consumption. Since January of this year, approximately 53,850 horses have been transported across our nation's borders into the cruelty of slaughter in Mexico and Canada. This number amounts to about 100,000 horses annually, 1,500 per week, or one every five minutes.
I, along with millions of Animal Lovers and Other Animal protection organizations such as the Animal Welfare Institute and the Humane Society of the United States, urge you to bring this bill to the House floor for a vote.
Thank you in advance for your consideration of this critical legislation.
Best regards,
Your Name_________________________________
Your Address_______________________________
__________________________________________
MAKE IT STOP...EMAIL PELOSI NOW.
by Judy Levy on Sunday, September 19, 2010 at 4:00pm
CLICK HERE TO SEND THE FOLLOWING EMAIL TO NANCY PELOSI - SPEAKER OF THE HOUSE IN WASHINGTON...SHE IS THE ONLY PERSON WHO CAN OVERRIDE THE COMMITTEE WHO DOES NOT WANT HR503 TO PASS TO SAVE AMERICAN HORSES...EMAIL HER NOW, PLEASE FOR THE HORSES...WE HAVE 36 HOURS TO GET HER TO DO THIS.....
IF YOU LIVE IN THE U.S. CALL HER ALSO...ALL YOU HAVE TO SAY IS THIS: I WANT HR503 BROUGHT TO THE FLOOR FOR A FULL VOTE BEFORE ELECTION DAY.
CLICK HERE NOW AND SEND THIS EMAIL. CLICK HERE TO FIND HER TELEPHONE NUMBER.
http://www.speaker.gov/contact/
The Honorable Nancy Pelosi
Office of the Speaker of the House
H-232, The U.S. Capitol
Washington, D.C. 20515
Dear Madame Speaker:
I write to you in strong support of the Prevention of Equine Cruelty Act (H.R. 503), legislation to ban the slaughter of American horses for human consumption and prevent the export of live horses for the same purpose. With 183 bipartisan cosponsors in the House, 28 in the Senate, and tremendous public support, I urge you to allow this bill a vote in the House.
Equine slaughter is inhumane by nature. Horses have a fractious reaction to the stress induced by chutes, kill boxes, puntilla knives and captive bolt stun systems, causing these animals to suffer immensely and die an inhumane death. These animals are subjected to brutal transport conditions on their way to slaughter facilities. In addition, the consumption of horsemeat poses a serious public health threat as this meat contains substances banned for human consumption by the U.S. Food and Drug Administration.
Since 2005, Congress has repeatedly voted to shut down the cruel practice of horse slaughter and included appropriations language to defund the USDA inspection of horses and horsemeat as a stopgap measure until a permanent federal ban is passed. The last three horse slaughter plants on U.S. soil were closed by enforcement of state law in Texas and a recently enacted ban on horse slaughter in Illinois. As you know, California overwhelmingly banned horse slaughter over a decade ago, and the state legislature just passed a resolution in favor of passing the Prevention of Equine Cruelty Act.
Still, American horses continue to be sent over the border for human consumption. Since January of this year, approximately 53,850 horses have been transported across our nation's borders into the cruelty of slaughter in Mexico and Canada. This number amounts to about 100,000 horses annually, 1,500 per week, or one every five minutes.
I, along with millions of Animal Lovers and Other Animal protection organizations such as the Animal Welfare Institute and the Humane Society of the United States, urge you to bring this bill to the House floor for a vote.
Thank you in advance for your consideration of this critical legislation.
Best regards,
Your Name_________________________________
Your Address_______________________________
__________________________________________
MAKE IT STOP...EMAIL PELOSI NOW.
Friday, September 17, 2010
Representative James Moran needs your help to get H.R. 503 to a vote in the House!
Forwarded today from EWA;
U.S. Representative James Moran is circulating the letter set out below to all members of the House of Representatives for their signature. Once signatures have been gathered, Rep. Moran and members of the House of Representatives will present the letter to Speaker of the House Nancy Pelosi. The letter calls on Speaker Pelosi to bring the Prevention of Equine Cruelty Act, H.R. 503, to a vote by the full House of Representatives immediately.
Equine Welfare Alliance and Animal Law Coalition urge you to call on your U.S. representative to sign this letter now!
Visit this site to find the name and contact information for your U.S. representative in Washington:
http://www.contactingthecongress.org/
You can also call the U.S. Capitol switchboard at 202-224-3121 and ask for your U.S. representative. The letter must be signed by Tuesday, Sept. 21, 2010. It is best to call or fax your representative. Tell your representative that you urge him or her to sign on as a co-sponsor and contact Rep. Moran and sign the letter calling on Speaker Pelosi to schedule a vote on the Prevention of Equine Cruelty Act, H.R. 503. Be sure to tell your representative that you live in his or her district and ask for a copy of the letter with your representative's signature! Go here to find out if your rep is already a co-sponsor and, if so, urge him or her to sign the letter!
http://thomas.loc.gov/cgi-bin/bdquery/D?d111:1:./temp/~bdMUeg:@@@P/home/LegislativeData.php
H.R. 503 will put an end to the slaughter of American horses. Only a federal law can stop this tragedy. As John Holland, founder and president of Equine Welfare Alliance, put it, "Horse slaughter is not a 'necessary evil', as the industry claims, it is simply evil. Now is our opportunity to resign this practice to the dust bin of American history." Find a copy of the bill here: http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.503:
On behalf of Equine Welfare Alliance and Animal Law Coalition, we thank you for the difference you are making for the horses.
_______________________________________________________
September xx, 2010
The Honorable Nancy Pelosi
Office of the Speaker of the House
H-232, The U.S. Capitol
Washington, D.C. 20515
Dear Madame Speaker:
We write to you in strong support of the Prevention of Equine Cruelty Act (H.R. 503), legislation to ban the slaughter of American horses for human consumption and prevent the export of live horses for the same purpose. With 183 bipartisan cosponsors in the House, 28 in the Senate, and tremendous public support, we urge you to allow this bill a vote in the House.
Equine slaughter is inhumane by nature. Horses have a fractious reaction to the stress induced by chutes, kill boxes, puntilla knives and captive bolt stun systems, causing these animals to suffer immensely and die an inhumane death. These animals are subjected to brutal transport conditions on their way to slaughter facilities. In addition, the consumption of horsemeat poses a serious public health threat as this meat contains substances banned for human consumption by the U.S. Food and Drug Administration.
Since 2005, Congress has repeatedly voted to shut down the cruel practice of horse slaughter and included appropriations language to defund the USDA inspection of horses and horsemeat as a stopgap measure until a permanent federal ban is passed. The last three horse slaughter plants on U.S. soil were closed by enforcement of state law in Texas and a recently enacted ban on horse slaughter in Illinois. As you know, California overwhelmingly banned horse slaughter over a decade ago, and the state legislature just passed a resolution in favor of passing the Prevention of Equine Cruelty Act.
Still, American horses continue to be sent over the border for human consumption. Since January of this year, approximately 53,850 horses have been transported across our nation's borders into the cruelty of slaughter in Mexico and Canada. This number amounts to about 100,000 horses annually, 1,500 per week, or one every five minutes.
As cosponsors of H.R. 503, we, along with millions of Americans and animal protection organizations such as the Animal Welfare Institute and the Humane Society of the United States, urge you to bring this bill to the House floor for a vote.
Thank you in advance for your consideration of this critical legislation.
Best regards,
(U.S. Rep._______________)
U.S. Representative James Moran is circulating the letter set out below to all members of the House of Representatives for their signature. Once signatures have been gathered, Rep. Moran and members of the House of Representatives will present the letter to Speaker of the House Nancy Pelosi. The letter calls on Speaker Pelosi to bring the Prevention of Equine Cruelty Act, H.R. 503, to a vote by the full House of Representatives immediately.
Equine Welfare Alliance and Animal Law Coalition urge you to call on your U.S. representative to sign this letter now!
Visit this site to find the name and contact information for your U.S. representative in Washington:
http://www.contactingthecongress.org/
You can also call the U.S. Capitol switchboard at 202-224-3121 and ask for your U.S. representative. The letter must be signed by Tuesday, Sept. 21, 2010. It is best to call or fax your representative. Tell your representative that you urge him or her to sign on as a co-sponsor and contact Rep. Moran and sign the letter calling on Speaker Pelosi to schedule a vote on the Prevention of Equine Cruelty Act, H.R. 503. Be sure to tell your representative that you live in his or her district and ask for a copy of the letter with your representative's signature! Go here to find out if your rep is already a co-sponsor and, if so, urge him or her to sign the letter!
http://thomas.loc.gov/cgi-bin/bdquery/D?d111:1:./temp/~bdMUeg:@@@P/home/LegislativeData.php
H.R. 503 will put an end to the slaughter of American horses. Only a federal law can stop this tragedy. As John Holland, founder and president of Equine Welfare Alliance, put it, "Horse slaughter is not a 'necessary evil', as the industry claims, it is simply evil. Now is our opportunity to resign this practice to the dust bin of American history." Find a copy of the bill here: http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.503:
On behalf of Equine Welfare Alliance and Animal Law Coalition, we thank you for the difference you are making for the horses.
_______________________________________________________
September xx, 2010
The Honorable Nancy Pelosi
Office of the Speaker of the House
H-232, The U.S. Capitol
Washington, D.C. 20515
Dear Madame Speaker:
We write to you in strong support of the Prevention of Equine Cruelty Act (H.R. 503), legislation to ban the slaughter of American horses for human consumption and prevent the export of live horses for the same purpose. With 183 bipartisan cosponsors in the House, 28 in the Senate, and tremendous public support, we urge you to allow this bill a vote in the House.
Equine slaughter is inhumane by nature. Horses have a fractious reaction to the stress induced by chutes, kill boxes, puntilla knives and captive bolt stun systems, causing these animals to suffer immensely and die an inhumane death. These animals are subjected to brutal transport conditions on their way to slaughter facilities. In addition, the consumption of horsemeat poses a serious public health threat as this meat contains substances banned for human consumption by the U.S. Food and Drug Administration.
Since 2005, Congress has repeatedly voted to shut down the cruel practice of horse slaughter and included appropriations language to defund the USDA inspection of horses and horsemeat as a stopgap measure until a permanent federal ban is passed. The last three horse slaughter plants on U.S. soil were closed by enforcement of state law in Texas and a recently enacted ban on horse slaughter in Illinois. As you know, California overwhelmingly banned horse slaughter over a decade ago, and the state legislature just passed a resolution in favor of passing the Prevention of Equine Cruelty Act.
Still, American horses continue to be sent over the border for human consumption. Since January of this year, approximately 53,850 horses have been transported across our nation's borders into the cruelty of slaughter in Mexico and Canada. This number amounts to about 100,000 horses annually, 1,500 per week, or one every five minutes.
As cosponsors of H.R. 503, we, along with millions of Americans and animal protection organizations such as the Animal Welfare Institute and the Humane Society of the United States, urge you to bring this bill to the House floor for a vote.
Thank you in advance for your consideration of this critical legislation.
Best regards,
(U.S. Rep._______________)
Thursday, September 16, 2010
Monday, September 13, 2010
Conversations w/ the Enemy Camp and Crippled Foals at Twin Peaks
On Bureau of Land Managment Law Enforcement Facebook Wall;
http://www.facebook.com/?sk=messages#!/pages/Bureau-of-Land-Managment-Law-Enforcement/113674445314781
Write something...
Christine A. Jubic - So nice that you have an open group. I love transparency. What laws do you enforce? Administrative only?
July 21 at 11:18pm · Comment ·LikeUnlike · Flag
Bureau of Land Managment Law Enforcement@
Hi Christine, Thanks for your interest, we enforce mainly the 43rd Chapter of the Code of Federal Regulations and the United States Code on public lands managed by the Bureau of Land Management. We enforce them criminally and administratively. If your unfamiliar with the patrol function it is somewhat similar to the officers of the National Park Service or Forest Service, we are other officers that patrol our nations public lands.
Christine A. Jubic Thank you for your informative reply. Where can I find the BLMs Administrative Rules??
August 3 at 10:39pm · LikeUnlike · .Bureau of Land Managment Law Enforcement http://www.blm.gov/wo/st/en.html
Christine A. Jubic- Can u tell me why would the BLM pay workers to use their own horses when we have so many wild ones that could use a job? - http://www.blm.gov/pgdata/etc/medialib/blm/wo/Information_Resources_Management/policy/blm_manual.Par.93357.File.dat/1113.pdf
Christine A. Jubic - Also I see you enforce the ORV laws and am wondering, are public lands ranchers exempt from those laws, cause I c'em riding them things all over the place like crazy. Dont the ORV laws apply to them?
Bureau of Land Managment Law Enforcement -
Hey Christine...well when it comes to horses and burros I don't know too much from the Law Enforcement perspective....I know that some BLM offices do use wild horses and some use their own horses, I am guessing it depends on that specific workers interest in horses....
I was actually in Susanville, CA assist with a wild horse and burro round up.....
http://www.blm.gov/ca/st/en/fo/eaglelake.html
That link has the most up to date information on the Twin Peaks herd management area that I was at as a Law Enforcement Ranger. Sorry to pass the buck but I am sure any of the adoption centers know wild horse and burro questions better than me!
As far as ORV or OHV laws they do apply to ranchers on BLM lands....so they need their helmet and registration depending on what state they are operating in, also they should be sticking to designated trails or off road areas.
Christine A. Jubic ...Thank you for your response. I hear the Twin Peaks Round-Up was a disaster for the horses like all the rest of the "gathers." As for the public lands ranchers I see them running all over the place. Dont you know them cows dont know nutt...in about stickin to no trails? Seems to me, they way they like to patch out on them things and swirl them around doin donuts and all, its worse then all them darn cows (that outnumber the wild horses by about 150 to 1) a tearin' up our lands and poundin our prairies into dust. When are yea's agonna' do sumtin bout dem?
One of the crippled colts at 1:29, Twin Peaks Round-Up;
http://www.youtube.com/watch?v=la_TQJxdRV8&feature=related
http://www.facebook.com/?sk=messages#!/pages/Bureau-of-Land-Managment-Law-Enforcement/113674445314781
Write something...
Christine A. Jubic - So nice that you have an open group. I love transparency. What laws do you enforce? Administrative only?
July 21 at 11:18pm · Comment ·LikeUnlike · Flag
Bureau of Land Managment Law Enforcement@
Hi Christine, Thanks for your interest, we enforce mainly the 43rd Chapter of the Code of Federal Regulations and the United States Code on public lands managed by the Bureau of Land Management. We enforce them criminally and administratively. If your unfamiliar with the patrol function it is somewhat similar to the officers of the National Park Service or Forest Service, we are other officers that patrol our nations public lands.
Christine A. Jubic Thank you for your informative reply. Where can I find the BLMs Administrative Rules??
August 3 at 10:39pm · LikeUnlike · .Bureau of Land Managment Law Enforcement http://www.blm.gov/wo/st/en.html
Christine A. Jubic- Can u tell me why would the BLM pay workers to use their own horses when we have so many wild ones that could use a job? - http://www.blm.gov/pgdata/etc/medialib/blm/wo/Information_Resources_Management/policy/blm_manual.Par.93357.File.dat/1113.pdf
Christine A. Jubic - Also I see you enforce the ORV laws and am wondering, are public lands ranchers exempt from those laws, cause I c'em riding them things all over the place like crazy. Dont the ORV laws apply to them?
Bureau of Land Managment Law Enforcement -
Hey Christine...well when it comes to horses and burros I don't know too much from the Law Enforcement perspective....I know that some BLM offices do use wild horses and some use their own horses, I am guessing it depends on that specific workers interest in horses....
I was actually in Susanville, CA assist with a wild horse and burro round up.....
http://www.blm.gov/ca/st/en/fo/eaglelake.html
That link has the most up to date information on the Twin Peaks herd management area that I was at as a Law Enforcement Ranger. Sorry to pass the buck but I am sure any of the adoption centers know wild horse and burro questions better than me!
As far as ORV or OHV laws they do apply to ranchers on BLM lands....so they need their helmet and registration depending on what state they are operating in, also they should be sticking to designated trails or off road areas.
Christine A. Jubic ...Thank you for your response. I hear the Twin Peaks Round-Up was a disaster for the horses like all the rest of the "gathers." As for the public lands ranchers I see them running all over the place. Dont you know them cows dont know nutt...in about stickin to no trails? Seems to me, they way they like to patch out on them things and swirl them around doin donuts and all, its worse then all them darn cows (that outnumber the wild horses by about 150 to 1) a tearin' up our lands and poundin our prairies into dust. When are yea's agonna' do sumtin bout dem?
One of the crippled colts at 1:29, Twin Peaks Round-Up;
http://www.youtube.com/watch?v=la_TQJxdRV8&feature=related
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