Helicopter use is the first motorized vehicle that comes to mind when people think of this hearing

If you want to speak at the Motorized Vehicle Hearing, the deadline to sign up to comment is May 22. The timeframe for testimony is 2 pm (PT), 5 pm (ET), on Thursday, May 23. Click HERE to register.

You can also send written comments (speakers and non speakers). Comments must be sent by 5 p.m. MT on May 23 to  BLM_HQ_MotorizedVehicleHearing@blm.gov

We know you are frustrated by the lack of responses from BLM. However, if we as an advocacy fail to participate it is akin to giving up the ability to fight to gain answers. We urge you to speak and/or write.

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Above: Motorized vehicle use also means how BLM uses trailers. This includes failures for safe loading like how the chute meets the truck. These openings are tragedy waiting to happen. 

When motorized vehicle use was approved for capture in 1976 (after the 1971 Act originally banned it) an annual hearing was added as a requirement to address serious concerns that reinstating motorized vehicle use in any way for the capture of wild horses and burros would be inhumane. (Federal Land Management and Policy Act, FLPMA)

In legal jargon a  hearing” is defined as:  “… formal proceeding before a court. The term usually refers to a brief court session that resolves a specific question before a full court trial takes place, or to such specialized proceedings as administrative hearings.”

The Motorized Vehicle hearings are classified as “administrative hearings.” An administrative hearing involves disputes under the authority of governmental agencies. An administrative hearing establishes a record of facts in a particular case toward some type of resolution. 

Even though section 404 of FLPMA clearly uses the word “hearing,” you won’t find any deliberative documents, any analysis of comments or even a “final agency decision” arising from the hearing. 

Yes, absurdly, there is no “ruling” that results from this “hearing.”

Snark note: We find the label “Section 404” rather appropriate after all. Even though it was not intentional back in the 70s to assign those numbers to wild horse and burro capture, the computer age has added irony. HTTP 404, 404 not found, 404, 404 error, page not found, or file not found error message, literally is a webserver’s way of saying you’ve reached a dead end and your link is corrupt or there is no page. 

BLM has no Heat Index parameters or Air Quality Index parameters for helicopter use. Fire blowing into NV created that “dark purple” for air quality and the roundup pushed forward because “the pilot could see” and did not stop even though severe and long lasting respiratory issues could result in horses.

Before taking any action BLM must analyze the impacts of that action. That is basically the National Environmental Policy Act (NEPA) in a nutshell.

Not one single round plan (Gather Environmental Assessment, “EA”) analyzes the impacts of rounding up horses and burros on the horses and burros rounded up. Let’s say that again because it is important: Not one roundup EA analyzes the impact to the horses and burros the action is taken upon.

Instead, the roundup plan notes these “Motorized Vehicle Hearings” as the “analysis document” the plan complies with. Another way to say it: BLM says they do not have to analyze how the roundup is done because the hearing did that… even though it doesn’t.

BLM also created the “Comprehensive Animal Welfare Program” or CAWP to assert to the public and Congress that they have a policy. However, CAWP never went through the steps a policy needs to go through. Those steps would include a public comment period. BLM created a “draft” they said they needed to try and then evaluate to make it better (they admittedly never did that evaluation, 2016-2020), never put it out for comment and just typed the word “Permanent” in place of “Temporary” on the draft. We all have seen how CAWP fails miserably (we have another review coming of the CAWP program soon, you can see our previous reports here). There is no analysis of roundup practices in CAWP either.

We are in the courts right now trying to get some answers. BLM continues to fight tooth and nail to avoid creating any clarity or avenue for improvement. We are not going to stop until we have answers. We are not going to stop until BLM creates an enforceable policy to prevent injury and death to comply with the most basic tenet of law: humane management. (Update coming soon)

The 1971 Act itself was primarily motivated by the need to stop the abuse of “mustanging.” Chasing wild horses and burros down with motorized vehicles was abhorrent to the nation. (Learn more)

Today, the helicopter drive trap is the number one contentious issue. Think about it, what drives attention to the entire program? the helicopter.

Any proposed activity must be analyzed and open to public comment. These hearings are the only place BLM allows comment on any and all use of motorized vehicles in the program, for now. 

Please use this opportunity to speak out. 

If you want to speak at the Motorized Vehicle Hearing, the deadline to sign up to comment is May 22. The timeframe for testimony is 2 pm (PT, 5 pm (ET), on Thursday, May 23. Click HERE to register.

You can also send written comments (speakers and non speakers). Comments must be sent by 5 p.m. MT on May 23 to  BLM_HQ_MotorizedVehicleHearing@blm.gov

Fast sample comments we based on the input we receive from all of you:

1. The use of these hearings by BLM in place of actual analysis of impacts of the use of motorized vehicles during capture, transport and facilities in Gather-EA preparation is meaningless unless this hearing results in an an analysis document that is made available to the public and likely represents a violation of the principles of NEPA.
2. Current Climate Change policies clearly mandate climate related changes and impacts be included in analysis of proposed action (like a gather). BLM has failed to include current veterinary standards, adopted a decade ago, for Heat Index and Air Quality Index. Any use of motorized vehicles for capture of wild horses and burros must include clear guidelines such as those used by the National Weather Service.
3. BLM is currently prohibited from using helicopter drive trapping during foaling season. BLM failed to define site-specific baseline foaling seasons and has now manipulated natural foaling season using multiple fertility control methods. BLM must clearly define current and site-specific foaling seasons to comply with this regulation prior to any roundup.
4. Transport during capture must be clearly regulated. Traps must be chosen that do not use unsafe roads.
5. Transport speeds on any dirt road must not exceed 25 mph due to the number of downed horses witnessed in the last few years.
6. Hot shot use is being used to speed loading when no threat to safety is present. This practice must end.
7. Ramps leading into trailers must not have any gaps.
8. ATVs must never be used to chase, transport or rope animals.
9. BLM must not load horses/burros into a trailer with a recumbent animal present. If a horse/burro falls in the trailer, the trailer must stop and horses offloaded to allow assessment of the downed animal.
10. Helicopters in flight must not come closer than 100 ft to any wild horse, burro or wrangler on the ground at any time. Pilots often fly too fast and low to the ground and creating a specific restriction is necessary.
11. If a foal under 3 months is seen with a band, the helicopter pilot must not drive that band to trap.
12. Helicopters must not land closer than 200 ft to trap or holding corrals.
13. All trailers, semi trucks, transporting wild horses or burros, at any time, must not exceed posted speed limits.
14. Violations of internal, external, or any standard, policy or provision of any kind, must be met with swift consequence and prohibition from participation in any activity in the wild horse and burro program.

We have read what you send us and post on social media. Comment on whatever you want to as long as you include some type of vehicle in your comment (truck, trailer, ATV, helicopter, plane). The important thing is that you speak out. 

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 ones.