The Decimation of Cloud’s Herd

Cloud in captivity

Update Sept. 28, 2009: Cloud and members of his herd are still injured following the brutal helicopter roundup. The good news is that all of the older horses the BLM auctioned off were saved from slaughter.

Go to www.cloudfoundation.org/ and www.horsebackmagazine.com/ for the latest.

For more on the tragic round up and removal of wild horses from Cloud’s Herd, read Animal Law Coalition’s reports below.

Update Sept. 10: Curiously, when a concerned citizen called the BLM to ask the fate of the horses to be permanently removed from Cloud’s Herd, she was told all would be adopted to good homes. 

But the BLM states on its own website that "sale-eligible horses (over 10 years old) will go through the sale authority process (oral competitive bid for one round then first come-first serve)."

That means kill buyers will be there to purchase the horses for slaughter. Jerry Finch of Habitat for Horses states, "Previous statements by the BLM were that they would remove only 70 of 190 horses. Today they are exceeding that number  by going beyond their specific Herd Management Area (HMA) and rounding up bands outside of their legal perimeter in Custer National Forest, branding and tagging them and shipping them to holding pens ready to be sent away. All this is being done by a contractor previously convicted of ..capturing and killing unbranded horses, mares and colts running at large on public land."

Update Sept. 9: The Pryor Mountain Roundup has been called off! The BLM is leaving alone around 25 horses – 4 family bands.

Red Raven and his family are hiding in the mountains. Two foals are thought to be with this family.

The BLM will release some horses today, including most of Cloud’s family. (Cloud is pictured here in captivity.) But there is no plan to release older horses slated for sale, meaning slaughter.

Update Sept. 7: Cloud, pictured here in captivity, the namesake of the herd, has been captured. But not without a fight. 

The BLM has also announced that of the 70 wild horses that will be permanently removed, those 10 years of age and older, will be sold. That means these animals will likely end up at Mexican or Canadian slaughter houses. Earlier BLM had said the horses would be adopted to good homes.

Sadly, the contractor hired by the BLM for the round up of Cloud’s Herd in the Pryor Mountains, is Dave Cattoor, previously convicted of federal charges of illegally running down wild horses and foals in Nevada with a helicopter and selling them for slaughter. The BLM pays him $7,000 per day for this round up.  

Watch video of the roundup of Cloud’s Herd and discussion of the controversy. 

Update Sept. 2, 2009: U.S. District Court Judge Emmet G. Sullivan in Washington, D.C., has denied a motion for a temporary restraining order or preliminary injunction, (attached below) filed by Cloud Foundation, Front Range Equine Rescue and nature photographer, Carol Walker, in their lawsuit to stop the roundup of Cloud’s herd.  

The motion basically asked the judge to order the roundup delayed until the lawsuit is resolved. A hearing to resolve the lawsuit on summary judgment is set for December 3, 2009.

The U.S. attorneys representing the BLM in the lawsuit agreed to delay the roundup set to begin Sept. 1 until the judge ruled on the motion. The judge issued the denial following a hearing on Sept. 2.

Watch the videos here for more information.  Go here for a look at what happens to horses including foals during these roundups.  

Original report: Beginning on September 1, 2009, the Bureau of Land Management (BLM), an agency within the U.S. Dept of Interior, plans to begin rounding up "nearly all wild horses" in the Pryor Mountain Wild Horse Range in Montana.

The Cloud Foundation estimates there are 190 wild horses living in the mountains that are 1 year old or older.

The herd is called Cloud’s Herd for the horse filmed by Ginger Kathrens, founder of the Cloud Foundation, when he was just a colt. Cloud lives wild and free with his family. At least for now.

HorsesThe BLM plans to remove permanently "up to 70 adults including foals", having decided they are excess horses. 60 mares will be treated with a fertility control, Porca Zonae Pellucidae (PZP), and released. The way the BLM put it in its Environmental Assessment or EA which the agency is required to prepare pursuant to National Environmental Policy Act ("NEPA"), 42 U.S.C. §§ 4321, et seq., "The method of capture w[ill] be helicopter drive-trapping using temporary traps of portable panels as well as trapping directly at Britton Springs Corrals. After capture in the trap, horses would be sorted on site and treated with fertility control or taken to the Britton Springs administrative site for sorting and application of fertility control. Treated mares and stallions identified for retention would be released either during or after gather operations. ….Excess wild horses removed w[ill] be prepared for adoption or sale at the Britton Springs Facility."

Cloud or his family could well be among those horses deemed to be "excess" by BLM and sold. Certainly, it is unlikely they will be together again as a family.

Excess wild horses is a legal term that means horses BLM has decided to remove from an area "to preserve and maintain a thriving natural ecological balance and multiple-use relationship in that area" or for some other legal reason. See 16 USC §1332(f).

Under a 2004 amendment to the Wild Free Roaming Horses and Burros Act, which authorizes BLM to manage these animals, "excess" horses "shall be sold…if the excess animal is more than 10 years of age; or … has been offered unsuccessfully for adoption at least 3 times." 16 U.S.C. §1333. Any horse sold under this provision is no longer subject to the protections of the Wild Free-Roaming Horses and Burros Act. 16 U.S.C.§1333. Since this amendment became effective, BLM has sold thousands of wild horses for slaughter.

helicopter running down wild horsesThe horses are panicked, terrified, traumatized and many times injured as they are run down by the helicopters. Families will be separated and destroyed, probably forever. It is unlikely the BLM would bother to keep even horses marked for release together in their families.

Go here for more information about what happens to these wild horses and burros when the BLM rounds them up. 

As a reason for the removal of the 70 horses including foals from the Pryor Mountain Wild Horse Range, the BLM says only there has been "resource damage". Its EA cites to "[d]eteriorating range and forest conditions associated with past management practices". In BLM’s Record of Decision issued this month, August, 2009, the BLM says only the removal will limit the horses to their herd area, "limit competition among wild horses and wildlife" presumably for food, and "prevent deterioration of rangelands and vegetation resources". It is mentioned there has been limited water.

But, according to Cloud Foundation, there has been 3 years of rainfall that has ended the drought and left the range in "excellent condition".

The BLM also refers to a need to "maintain a multiple use relationship for the area".

The wild horses and burros are actually supposed to be protected under the Wild Free Roaming Horses and Burros Act of 1971. In passing that law Congress declared that, "wild free-roaming horses and burros are living symbols of the historic and pioneer spirit of the West"…"[T]hey contribute to the diversity of life forms within the Nation and enrich the lives of the American people". Congress recognized the wild horses and burros are "fast disappearing from the American scene".  "[W]ild 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 public lands." 16 U.S.C. § 1331.

Indeed, the Pryor Mountain wild horses are descendants of horses in the Lewis and Clark expedition that came to be owned by the Crow tribe in the early 1800’s. George Reed, Secretary of Cultural Education for the Crow Tribe Executive Branch, wrote in 2006: "We advocate preserving our heritage, culture and language, and these Pryor wild horses are part of our culture."  

The WFHBA requires that BLM management activities be at "the minimal feasible level." Id. According to its own regulations, BLM must protect wild horses and burros from unauthorized capture, branding, harassment or death and provide these animals with humane care and treatment. 43 C.F.R. § 4700.

Under the WFHBA, wild horses are "to be considered in the area" where they were found in 1971 "as an integral part of the natural system of the public lands." 16 U.S.C. § 1331. These legally protected areas are known as "herd areas," and are defined as "the geographic area identified as having been used by a herd as its habitat in 1971." 43 C.F.R. § 4700.0-5(d).

A brutal wholesale round up and removal, even slaughter, of so many horses is surely a direct violation of the protections of the WFHBA. It’s hardly management of the herd at the "minimal feasible level".  

wild horse after captureAccording to the Cloud Foundation, this removal of 70 horses will leave this unique and historical herd genetically non-viable and unable to sustain itself into the future.  Equine geneticist, Gus Cothran, Ph.D. of Texas A&M University, states that "a census population of 150-200 is required to achieve the minimum effective population size…. The [Pryor Mountain Wild Horse Herd] has been one of the most important and visible herds within the BLM Wild Horse Program and it is important that it stays viable."

Just last month a federal judge entered an injunction to stop a BLM decision to eliminate an entire herd of horses in a range in Colorado. The BLM had decided simply to eliminate the horses even though the agency agreed the horses were not  "excess".  The BLM  has also decided to eliminate entire herds, 620 horses, from their ranges in Nevada.

The Cloud Foundation, Front Range Equine Rescue and nature photographer Carol Walker, have filed a lawsuit and a motion for a temporary restraining order or preliminary injunction in the federal district court in Washington, DC to stop the roundup and removal of horses from the Range. 

The plaintiffs claim the BLM has violated NEPA by failing to prepare and Environmental Impact Statement, consider alternatives, and take a "hard look" at the environmental consequences. They claim the BLM’s proposed action means the herd will not be genetically viable. Also, the plaintiffs claim BLM relied on a 2004 study to support its contention the range has deteriorated when there is evidence that since then with the end of the drought, the range conditions have greatly improved. 

The plaintiffs also claim these actions by the BLM violate WHBA’s mandate to manage the wild horses at the "minimal feasible level" and protect them from harassment, capture and death.

A copy of the Complaint is attached below to this article. Animal Law Coalition will bring you more information about this lawsuit as it becomes available.  In the meantime:

Listen to Angels for Cloud on WFL Endangered Stream Live radio

For more on this historic herd, go to http://www.cloudfoundation.org/  

Information was provided for this article by Equine Welfare Alliance. Photographs courtesy of R.T. Fitch.

 

11 thoughts on “The Decimation of Cloud’s Herd”

  1. Circumventing the Wishes of Congress and the American Public: BLM Moves Forward with Massive Removals of Wild Horses Thursday, 27 August 2009 13:43

    COLORADO SPRINGS, CO- August 28, 2009: The Cloud Foundation and Front Range Equine Rescue have filed a lawsuit and a request for an injunction in Federal Court in Washington, DC to prohibit the Bureau of Land Management from removing horses from the Pryor Mountain Wild Horse Range, and to stop the unprecedented round up of the Pryor Wild Horses slated to begin September 1, 2009.

    The appellants argue that this removal of 70 horses will leave this unique and historical herd genetically non-viable and unable to sustain itself into the future. According to noted equine geneticist, Gus Cothran, Ph.D. of Texas A&M University, “… a census population of 150-200 is required to achieve the minimum effective population size…. The [Pryor Mountain Wild Horse Herd] has been one of the most important and visible herds within the BLM Wild Horse Program and it is important that it stays viable.”

    The Bureau of Land Management is circumventing Congress’ wishes that wild horses be protected in the American West. The House just passed the Restore Our American Mustangs (ROAM) act and the Senate will review this bill (now S.1579) when they return from recess in September. “Is BLM just trying to do as much irrevocable damage to America’s wild horses as fast as they can before the Senate can act?” asks Ginger Kathrens, Volunteer Executive Director of the Cloud Foundation.

    “Right now there are twelve entire herds being eliminated from 1.4 million acres near Ely, Nevada because these lands are suddenly not appropriate for wild horses,” Kathrens continues. “However, no action has been made to reduce cattle grazing in these areas.” There are no grazing permits in the Pryor Mountain Wild Horse Range and reasons for holding an unprecedented removal this year are not clear. The range and adjacent lands are in excellent condition following three years of drought-breaking precipitation.

    Cloud and the wild horses of Montana’s Pryor Mountains are world famous but fame and an outcry from the American public does not seem to impact the BLM’s plans. There are currently only 190 wild horses (one year and older) living in the spectacular Pryor Mountains. The BLM plans to remove 70 of them, including young foals and older horses who could be sold directly to killer buyers.

    The Pryor Mountain wild horses are descendants of the Lewis and Clark horses who were stolen by the Crow Indians in the early 1800’s. George Reed, Secretary of Cultural Education for the Crow Tribe Executive Branch, wrote in 2006: “We advocate preserving our heritage, culture and language, and these Pryor wild horses are part of our culture.”

    The Cloud Foundation
    719-633-3842
    http://www.thecloudfoundation.org/

  2. compatriots!
    Circumventing the Wishes of Congress and the American Public: BLM Moves Forward with Massive Removals of Wild Horses Thursday, 27 August 2009 13:43

    COLORADO SPRINGS, CO- August 28, 2009: The Cloud Foundation and Front Range Equine Rescue have filed a lawsuit and a request for an injunction in Federal Court in Washington, DC to prohibit the Bureau of Land Management from removing horses from the Pryor Mountain Wild Horse Range, and to stop the unprecedented round up of the Pryor Wild Horses slated to begin September 1, 2009.

    The appellants argue that this removal of 70 horses will leave this unique and historical herd genetically non-viable and unable to sustain itself into the future. According to noted equine geneticist, Gus Cothran, Ph.D. of Texas A&M University, “… a census population of 150-200 is required to achieve the minimum effective population size…. The [Pryor Mountain Wild Horse Herd] has been one of the most important and visible herds within the BLM Wild Horse Program and it is important that it stays viable.”

    The Bureau of Land Management is circumventing Congress’ wishes that wild horses be protected in the American West. The House just passed the Restore Our American Mustangs (ROAM) act and the Senate will review this bill (now S.1579) when they return from recess in September. “Is BLM just trying to do as much irrevocable damage to America’s wild horses as fast as they can before the Senate can act?” asks Ginger Kathrens, Volunteer Executive Director of the Cloud Foundation.

    “Right now there are twelve entire herds being eliminated from 1.4 million acres near Ely, Nevada because these lands are suddenly not appropriate for wild horses,” Kathrens continues. “However, no action has been made to reduce cattle grazing in these areas.” There are no grazing permits in the Pryor Mountain Wild Horse Range and reasons for holding an unprecedented removal this year are not clear. The range and adjacent lands are in excellent condition following three years of drought-breaking precipitation.

    Cloud and the wild horses of Montana’s Pryor Mountains are world famous but fame and an outcry from the American public does not seem to impact the BLM’s plans. There are currently only 190 wild horses (one year and older) living in the spectacular Pryor Mountains. The BLM plans to remove 70 of them, including young foals and older horses who could be sold directly to killer buyers.

    The Pryor Mountain wild horses are descendants of the Lewis and Clark horses who were stolen by the Crow Indians in the early 1800’s. George Reed, Secretary of Cultural Education for the Crow Tribe Executive Branch, wrote in 2006: “We advocate preserving our heritage, culture and language, and these Pryor wild horses are part of our culture.”

    The Cloud Foundation
    719-633-3842

  3. Sept. 4th- Day 2 of Pryors Roundup- UPDATE

    19 more horses from the lower desert portion of the Pryors range were rounded up by helicopter today, none were injured but with temps in the 90’s the foals looked a bit sore and tired by the time those to be set free were released. We are not giving up- the BLM is planning on removing around 40 horses tomorrow, completely, from the Custer National Forest. Field Manager Jim Sparks told us today that all those horses "fall within removal criteria" but truly they are just removing all of them. From 21 year old mares like Grumpy Grulla (who used to be with Raven) to young foals and the 19-year-old band stallion Conquistador. The older horses especially should not be removed. The BLM plans to helicopter drive these horses into traps on Commissary Ridge in the Custer National Forest and trailer them for nearly two hours down the mountain to the holding pens at Britton Springs near Lovell, WY. They are zeroing out the whole subpopulation of Forest Service horses who live outside the designated range. This is not the way to manage a small herd on the brink of genetic viability.

    On Sunday we think that the Cattoors will round up all the horses on the mountain-top– Cloud’s band included– and drive them the 10-12 miles down the mountain. We are most concerned with the week-old filly and the elderly Bigfoot. There is no reason to bring these specific horses down the mountain and we are requesting that the roundup crew leave them alone.

    There is an incredible public outcry for these horses and while the BLM is turning a blind eye to the public whose horses they are charged with managing, others are listening. Please continue to call and demand that your congressionals ask the Montana senators Baucus and Tester, as well as congressman Denny Rehberg, why they are allowing the destruction of this unique little herd on their watch. Tester and Baucus’ offices have been telling us that this matter is in the BLM’s hands– this is unacceptable. Demand that fewer horses be removed. These horses are far too special to give up on.

    Thank you everyone– all of us here witnessing this roundup feel your support for these horses and we will keep working to save this precious herd.  

    –Ginger

  4.  Sept 6 – The Cattoor roundup helicopter just drove Cloud’s son Bolder and his band down the mountain. It is over 90 degrees now in the low country and the horses must travel over 12 miles.

    We cannot be in the helicopter or anywhere to observe and can only see and witness a small portion of their frightening journey. Chino’s band was with them as well and they fine coming in but at this time of year many of the horses are way out in the Forest Service and they had a very long trip down. 

    The helicopter is going up now for more horses, very likely including the week-old foal and her young mother, both planned to be removed. This is the wrong time to do a roundup in the Pryors-later in the fall the horses would be much lower down the mountain.  But this is when the roundup crew was available. Many of the foals are too young for this journey.

    Sue Cattoor of the roundup crew is saying that the buckskin filly below, Bolder’s newest daughter, is too thin and must be removed. Here she is one week ago on the mountaintop. She is a stunning, leggy and very healthy filly, probably born in early July. She looked good to observers on the hill as she came in as well- she is not thin or in poor health.

  5. From Monika: I just returned from witnessing the round ups at Pryor Mt. Range in Montana. What I have seen is beyond belief. The government agency reminded me of a terrorist camp in the desert, set up with "body guards" and big "government" trucks… with huge corrals next to their base, where they hold the captured,betrayed and once majestic and now terrified horses hostage until "adoption day". Which is Sept. 26th.  

    The horses are panicked, exhausted and completely frightened. The ones that were pushed thru the chutes to be treated… were kicking and trying to escape their horrific prison. When released from the chute, they ran out desperately crying for their family members, head held high looking to locate them amongst the corrals… responding to their frantic whinnies, but not able to reunite. I have never ever seen such a cruel and indifferent attitude of anyone inflicting this havoc on innocents. The indifference of BLM and their corrupt behaviour, which in one big powertrip under the guise of "nice" authority who is doing their "job"… has turned my stomach upside down for months to come.

    …I urge you to call and support these horses – Please take a few minutes out of your day and call –

    I want you to know that had you been there to witness what I saw… you would feel compelled to help these horses – they are stolen from the range, their families forever forcefully separated, their spirits broken, their future at stake – all done by our BLM – who destructs our magnificent symbol of freedom, with no remorse, with no regret – the peace of their lives has been shattered, the war has begun.

    Please make your call today – You are their voice – trust me, you would want to be their voice after what I have seen this weekend.

    Thank you.

    Monika

     

  6. From Jerry

    According to RT – Cloud is free, but would not leave because they are keeping another of his daughters away. They are keeping 6 of 9 of Cloud’s bloodlines and family. Cloud only left when his mares joined him.

    This is probably the most heartbreaking part if it all. – Jerry

     

  7. Dear Friends;

    We have always believed that 20 young Pryor wild horses ages 1-2 could be successfully adopted even during these rough economic times. Now BLM is holding 57 horses and three foals at the Britton Springs Corrals located at the base of the mountain. Most are over 1-2 years of age. We continue to push for BLM to return the oldest back to their home.

    I am sad to report that many of Clouds progeny have been permanently removed: Rain, Arrow, Image, Ember, Summer and Sage have tags around their necks with numbers. But they will never be numbers to me. They will always be my special children of the wild. Sax (Himalaya), Clouds little brother, a buckskin 2 year old, has also been removed from his home. He has always been such a joyous colt, so curious and playful. His fun-loving life has just been shattered and he has no understanding of why this has happened. Neither do I. BLMs destructive management policies have turned wild horse heaven into hell.

    No horses have been treated more unjustly than the Custer National Forest horses. All who were rounded up on Commissary Ridge are to be permanently removed. This was to be a selective removal, but at the last moment, BLM revealed their plan to gut this sub-population and its important genetic lines.

    We are hopeful that BLM will show some compassion and return the Forest Service band stallions Conquistador (19 years old), Bo (13), Trigger (12), and Shane (10) back to the designated range with their adult mares. If not into their homeland, than the bands need to be in a setting that is wild. It is important to keep these bands in tact as an essential reservoir from which to draw to shore up the genetics which have been lost in this massive removal.

    We are praying that Ravens mare, Grumpy Grulla (21) will be returned to her precious Pryor home. She was one of the first wild horses I ever saw. This strong-willed grulla mare brought many smiles to my face as she regularly disciplined her offspring as well as the other foals in Ravens band including Cloudhence her name. It is only fitting that she be allowed to live out the last few years of her life in freedom in her spectacular home.  

    We fight on for the herd and all wild horses still living free on OUR public lands. Keep your calls and letters and emails coming. The voices of the American and world public will surely be heard in time. Never give up! Bless all of you for outpouring of support for Cloud and his herd and our American mustangs.

    Happy Trails,

    Ginger 

     (On a very practical note, if you are interested in adopting a Pryor Mustang it is important that you fill out an adoption application which is available on line by going to the BLM Wild Horse and Burro Program. I will be doing so when I return to Colorado. The Pryor adopton is scheduled for Septmber 26th in Lovell, Wyoming.)

    NOTE: We have received word that the BLM has received some threatening calls. Please tell anyone you hear speak of such threats to stop the Cloud Foundation does not condone illegal actions and these only hurt our cause and our work to save these horses and those across the west. Please call your Senators and Congress people, the media and of course, The President with your requests for these older horses to be released and for the mismanagement of our wild horses to be reformed. Thank you.

  8. Is there a way to change this info and add some more languages? I most definitely do not consider myself English and I would be happy to help in German too. I am sure other members feel the same.

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