Triple B, 2022

The 2024 fiscal year roundup season is underway.

On March 1, BLM switched to bait trapping as they are forbidden to use helicopters for capture during foaling season. On July 1, BLM begins helicopter drive trapping once more. BLM never created a data-based and site-specific foaling season. Instead they simply used anecdotal interpretation of a herd in the Dakotas. BLM traps wild burros by helicopter claiming there is no identifiable foaling season for burros; yet they provide no data to back up this assertion. For over a decade, BLM has also used indiscriminate fertility control of varied substances and timing that skews any natural foaling season causing rapidly increasing fall and winter births. BLM has failed to analyze that change in the Environmental Assessments they do for roundup plans increasing risk of death and injury.

Bait trapping on the 2024 schedule accounts for 1300 identified wild horses and burros for removal and an additional 1022 as yet to be determined for removal. The only difference between drive and bait trapping is that a helicopter is used. Higher risk of injury to foals during sorting, loading and transport is exactly the same regardless of capture method. This fact plays no part in how BLM determines or adjusts handling standards to ensure foal safety during bait trapping. In fact, BLM will claim the injury and death rate is the same. In addition, BLM allows absolutely no observation of any bait trapping operation skirting public oversight.

If you look at the gather schedule for 2024, you can see BLM has “accelerated the use of fertility control” through the use of stronger and longer lasting methods like GonaCon, a powerful hormonal vaccine in a two-dose regime that lasts 4-10 years (often longer than the lifespan of the mare that receives the treatment. Due to the extreme variation in efficacy, GonaCon manipulates foaling season to an even greater degree and BLM has no plan in place to monitor and adjust foaling season. In fact. BLM is just looking for ways to prematurely retreat GonaCon.

The lack of data-based decisions that comply with regulation, law and decency is not limited to determining or adjusting an actual site-specific foaling season. 

Below: Loading foals at Hardtrigger after capture via drive trap.

How can we create changes that help protect babies and all wild horses and burros from injury and death?

The first thing we need to do is identify the process where such a change could be implemented and then take targeted action.

Herd Management Area Plans (HMAP) should identify clear and site-specific foaling seasons.

If BLM cannot get an HMAP done, the NEPA document they call the “Gather Environmental Assessment” (or Gather-EA) must provide the data and analysis. A roundup plan must analyze the impact of roundup, including safe times of year for the proposed action (weather impacts to range condition, foaling season, etc.). Just as in our court win at Pancake, the judge ruled BLM failed to provide an HMAP that analyzed the impacts of removing wild horses on fire fuels and they did not provide that analysis in the roundup plan (sending the roundup plan back to BLM for revision). The same holds true for numerous issues such as an actual determination of foaling season.

Enforceable Welfare Rules is another important avenue to address welfare deficits.

Boise Corrals

NOTE: We have found that BLM shorthands a roundup EA by using the phrase “environmental assessment” as a stand alone. This has led to the media and public believing that BLM has created an full review of horse/burro and habitat. We want to restate that the word before the NEPA level label (EA, EIS, CX, etc.) is what is being assessed. Environmental Assessment (EA), Categorical Exclusion (CX), Environmental Impact Statement (EIS), etc., are simply labels that represent a process that determines the depth of analysis, not what is actually analyzed. The words before the label identifying the depth of process determine what is being anlayzed. A “Gather-EA” analyzes the action of “gather.”

So when you are commenting on those roundup EAs, add “identifying site-specific foaling season” to your comment list. 

After the court ruling at the Pancake Complex, you should begin to be able to comment on an actual HMAP soon and we will walk you through the steps in how to comment on things like foaling season, critical habitat, water improvements, genetics, etc. You should also begin to see changes in how BLM completes roundup EAs. The court ruling at Pancake also sent the roundup plan back to BLM to include things like how removal of wild horses would impact fire fuels, etc.

We also have additional cases active in the court system now to expand and further define BLM responsibilities to the public for transparent management planning and public input on those plans. More on those cases soon.

An enforceable welfare policy is of vital importance. The BLM has repeatedly demonstrated their view on welfare issues in practice as nothing more than an annoyance. It took years of litigation just to get the internal standards BLM references as “CAWP.” WHE is back in court to get them to move through the final phase to create an enforceable policy called “rulemaking.”

A rulemaking process would provide the public to comment and present data on current practices and provide input, including veterinary recommendations, to improve practices to prevent injury and death. The product of a rulemaking would also clearly outline penalties for violation and be immediately enforceable.

We are in court right now to gain enforceable welfare rules. The internal standards they are using have proven more than simply ineffective and unenforceable. BLM must begin rulemaking to create a real policy and not be allowed to call something they never took through the policy making process “policy.”

You can help. You can urge your lawmakers to allot funding specifically to begin rulemaking. The last few years Congress has simply added “comply with CAWP” into the spending bill. Those words are absolutely meaningless in practice and in law. Congress has no power to determine right and wrong as far as welfare is concerned. But they do have power to create accountability to a line item through funding. We made it easy: Just Click HERE

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Rulemaking for a welfare policy would cover everything from how and when foals could be captured to hot shot (electric shock) use for loading. An enforceable welfare policy would cover facility disease control and reporting of injuries and deaths. It would cover how fast and far a helicopter could drive wild horses and burros, trailer floor cleaning before transport, loading chutes. This last sentence is also covered under the annual Motorized Vehicle Hearing.The next hearing is scheduled for May 23rd. (Info and how to sign up to speak up can be found HERE).

Our team is working hard to end abuse. The most visible abuses happen during helicopter capture. But abuse happens in holding facilities and on the range. Hoof care, vaccinations and cleaning are lax in many facilities. On range, things like water being shut off when cows go home and wildlife guzzlers approved so wild animals have water, but horses are fenced out.

The issues of abuse must be addressed directly through rulemaking for a welfare policy. They must also be addressed in propsed planning documents for range management and removal.

We are busy in the field and in the courts. We thank you deeply for being an active advocate as you make comments and address your lawmakers.

Our resource page is a good place to visit of you are looking for data-based reports.

Our “5 FOIA” investigation from 2022 shows the death rates from roundups average 12%. Our in-depth welfare (CAWP) reviews show what really happens at roundups and how BLM ignores their own standards. Our review of BLM population statistic reports shows that BLM uses old data to assert the number of horrses and burros on the landscape. You can find our reports HERE.

You can show your support for the fight against abuse by wearing a team t-shirt. Shirts are available to order for only 2 more days! (Click HERE)

We were just offered a match! If you added a contribution to your shirt purchase, that amount will also be matched! All contributions to help us stop abuses will be matched through May 15th by a generous supporter up to $5,000.

We need your help to continue to document, expose, work toward reform with lawmakers and litigate. Our wild ones deserve to live free on the range and free from abuse.

Thank you for keeping WHE on the frontline in the fight to protect and preserve our treasured wild one