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MESSENGER Western Watersheds Project: Working to protect and restore western watersheds and wildlife through education, public policy initiatives and litigation. Vol. XX, No. 2 Fall 2013 Watersheds Check Out Our W ebsite! www.westernwatersheds.org Confluence of the East and South Forks of the Owyhee River. Photo ©Bruce Hayse

MESSENGER Watersheds · Page 2 Western Watersheds Messenger Desert Horned Lizard, Owyhee County, ... four grazing allotments in the Bodie Hills. This ruling followed from an October

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MESSENGER

Western Watersheds Project: Working to protect and restorewestern watersheds and wildlife through education,

public policy initiatives and litigation.

Vol. XX, No. 2 Fall 2013

Watersheds

C h e c k O u t O u r W e b s i t e ! • w w w . w e s t e r n w a t e r s h e d s . o r g

Confluence of the East and South Forks of the Owyhee River. Photo ©Bruce Hayse

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On September 1, 2013the Sagebrush Habitat ConservationFund completed the permanentretirement from livestock grazing ofover 130,000 acres of public landin the former 45 and Tent Creekgrazing allotments in Owyhee

County, Idaho. The permanent retirement of theseallotments continues an effort to end livestockgrazing in designated Wilderness in OwyheeCounty, Idaho that began two years ago with theretirement of the nearby smaller Burghardtallotment (please see map for the location of thesethree allotments).

Through an innovative agreement between theEl Paso Corporation (now Kinder-Morgan) ofHouston, Texas and Western Watersheds Projectthe Sagebrush Habitat Conservation Fund wascreated in June 2010. The Fund is directed by athree member Board with one member appointedby Western Watersheds Project, one appointed byKinder-Morgan and a third selected by the first two.

In that agreement, Western Watersheds Projectagreed not to litigate El Paso Corp’s then-proposedand now completed 670-mile Ruby pipeline thatcarries natural gas from Opal, Wyoming to Malin,Oregon passing through parts of Utah and Nevadaas well as western Wyoming and eastern Oregon.In return El Paso Corp. agreed to provide$15,000,000 over ten years to a new nonprofit, theSagebrush Habitat Conservation Fund whosemission would be to retire federal public landgrazing permits in sage-steppe landscapes of the

American west through agreements with willingranchers to accept a negotiated buy-out and thenvoluntary relinquish their grazing permit(s).

Since grazing permit relinquishment does notnecessarily lead to permanent retirement oflivestock grazing, The Sagebrush HabitatConservation Fund seeks to carry out its work inlocations where the legal framework authorizespermanent retirement of livestock grazing. Thanksto Senator Mike Crapo (R-Idaho) the Owyhee

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Desert Horned Lizard, Owyhee County, IdahoPhoto © www.flickr.com/photos/petechar/

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Vol. XX, No. 2 Page 3

New Guidanceon Grazing Retirementby Travis Bruner

The 45 and Tent Creek

permanent retirements were

successful because the allotments

occurred in an area that is

congressionally designated for permanent

retirement upon relinquishment. Similar

designations occur in bighorn sheep habitat, in the

California Desert Conservation area, and in a few

special management areas across the West. But

there are other circumstances where the agencies

may administratively retire grazing permits.

Unfortunately, because the agencies are still so

aligned with livestock interests, they don’t make it

easy to do.

For example, on September 9th, the BLM issued

a new Instruction Memorandum that outlines how

the agency will respond to a grazing permittee’s

request to relinquish a grazing permit. While the

document comes complete with a “Relinquishment

Flow Diagram,” it does not offer a simplified

system for the retirement of relinquished permits. It

also continues the requirement that the BLM

amend the overarching Land Use Plan before

retiring the permit.

Thus, this new Instruction Memorandum

continues the agency’s habit of limiting the

freedom of permittees to retire permits and

preventing the agency from removing livestock

from public lands in the interest of conservation. It

is unfortunate the BLM is making it harder to meet

the growing demand for voluntary buy-out.

The Instruction Memorandum is available for

viewing online at on.doi.gov/18eFfW6

Wilderness Act of 2009 includes a provisionrequiring the BLM to permanently retire voluntarilyrelinquished livestock grazing in allotments whollyor partially located in designated Wilderness. Boththe 45 and Tent Creek allotments meet thatrequirement and have been retired forever by theBLM (please see commentary on the BLMacknowledgement in the article to the right).

The permanent retirement from livestockimpacts of these two very large allotments willprovide enormous benefits for many species ofnative wildlife including Greater sage-grouse,Desert Bighorn Sheep, Redband Trout, PronghornAntelope and many other sage-steppe obligate

species. The allotments also encompass a vastsweep of relatively healthy sage-steppe landscapesincluding the spectacular rhyolite canyon sceneryof a number of tributaries of the Owyhee Riverwatershed and large areas of designatedWilderness adjacent to the Wild and Scenic SouthFork of the Owyhee River.

This major conservation accomplishment byWestern Watersheds Project and the SagebrushHabitat Conservation Fund with the welcomeagreement of the 45 Ranch partners marks the startof many more landscape-scale retirements fromlivestock grazing across the sagebrush sea.

The Owyhee RiverPhoto ©Bruce Hayse

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Federal ProtectionProposed for Bi-StateSage Grouse!by Mike Connor

In late October, the U.S. Fishand Wildlife Service announcedthat it is proposing to list the Bi-State sage-grouse population as

Threatened under the Endangered Species Act andto designate 2,919 square miles of critical habitat.

The Bi-State sage-grouse is a geographicallyisolated, genetically distinct population of Greatersage-grouse. They occur on the California-Nevadaborder in the Mono Lake area, and are found inparts of Mono, Alpine, and Inyo Counties inCalifornia and in parts of Carson City, Douglas,Esmeralda, Lyon, and Mineral Counties in Nevada.

Major threats to the Bi-state sage-grousepopulation include livestock grazing and rangelandmanagement, infrastructure including fences,power lines, roads, nonnative and native, invasiveplants and altered fire regimes, urbanization andhabitat conversion, mining, renewable energydevelopment, climate (including drought), andpredation.

This proposal comes just a month after afederal court judge ruled that the Bureau of LandManagement’s Bishop Field Office had failed toprovide specific science about impacts to sagegrouse nesting areas in its environmental review forfour grazing allotments in the Bodie Hills. Thisruling followed from an October 26, 2010 lawsuitfiled by Western Watersheds Project challenginggrazing decisions issued by the Field Office for theBodie Mountain, Mono Sand Flat, Aurora Canyon,and Potato Peak grazing allotments in the BodieHills.

Without an ESA listing, the Fish and WildlifeService expects that within 30 years it is likely thatall the populations in Nevada will be extirpated

and that only isolated populations in California’sBodie Hills and Long Valley would remain.

The listing proposal includes a problematicspecial rule exempting state conservation plansand no doubt we can expect vigorous challengesto the proposed listing from the livestock industry.Western Watersheds Project will continue to workto ensure that science prevails and that allpopulations of the iconic sage-grouse get the fullprotection they so clearly need.

Dr. Mike Connor is WWP’s California Director.He lives in Reseda, CA.

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Bodie Hills, CA photo ©flickr.com/americanbackroom/Grouse photo ©USFWS

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WWP Internship OffersFresh Insights onGrazing Issuesby Angela Loftus

The federal governmentcontrols over 50% of the land inthe Western states and for the mostpart, the land has suffered for it.

Arid sage land dominates the western landscapeand what most of us would believe to beunproductive and unviable land for development isbeing used to its own detriment by a select fewwho are in charge of public land ranchingoperations. With millions of acres of beautifulWestern land becoming more trampled andpolluted each year, public lands ranching is one ofthe most pervasive and under-recognized forces ofenvironmental alteration. Looking at the numbers,ranching operations on public lands account forless than 2% of the beef market in the US and endup hugely subsidized through low grazing fees andsubsidies on feed prices. I found myself wonderinghow such a small and unproductive industry couldstill govern the health of such a huge expanse ofland that should represent the interests of the entirepopulation, and who was really to blame for thecolossal damage already done to the lands thatevery Westerner is proud to call home.

Ranchers are not making any sweepingcontributions to the American economy but arestill given control of millions of acres of publicland for their own interests. It would be easy toblame the ranchers themselves for the state of theAmerican West, but what I found this summer wasa bit more complex than a simple blame game, theroots of public lands ranching are deeplyentrenched in the bureaucratic mess thatconstitutes the BLM and the USFS. It is thegovernment agencies that give rise to the success

of ranchers, and the ranchers that keep thegovernment agencies employed. The mutualdependence each party has on one another haseffectively fostered an attitude of necessaryignorance that not only hinders any efforts ofenvironmental intervention but makes theintervening party out as extremists. Valid concernsabout the state of the land are met with skepticismand animosity because the very notion thatranching could be implicated as a negative forceputs both the ranchers and BLM range workers atrisk of becoming obsolete.

Many people informed me, before myinternship started, that Western Watersheds Projectwas crazy and that, for the most part, they wereout to get ranchers any way they could. After asummer experiencing the extent of environmentaldamage that cattle had caused to the Westernlandscape paired with the encounters I had withBLM employees and ranchers themselves, Irealized something else was going on. WWP wasnever acting as an extremist group, a bulk of theiractivities were centered around simply enforcingestablished land management practices, but WWPwas nonetheless perceived as being extremebecause there was such a strong culture ofignorance fostered in the West that any accusationof wrongdoing was tantamount to an electroshocktherapy treatment in the BLM framework. My naïveassumption that the BLM was interested inaccommodating all reasonable interests in the landwas quickly dispelled when I saw firsthand howunaware most of them were about the actualcondition of the range.

I often felt a sense of hopelessness when I wasout in the field; progress in the arena ofenvironmental health on the Western public landsseemed unlikely as the problems were ignored bythe very agency that was created to manage them.WWP is not an extremist group, or a rancher hategroup, they are a collection of dedicated peoplethat only wish to propagate accountability as anecessary aspect of land management. To thegeneral public, the ranchers and the BLM, theseefforts are extreme only in contrast to the legacy ofthe ranchers and BLM employees; both parties aredependent on each other for survival and havedeveloped a mutual defense of denial.

Angela Loftus was WWP’s 2013 Summer Intern.She attends Whitman College in Walla Walla.

Vol. XX, No. 2 Page 5

Image ©Angela Loftus

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Four Lakes Basin, Unitas Wilderness, Utah©www.flickr.com/photos/gcasey/

Page 6 Western Watersheds Messenger

Pursuing Reality in Utahby John Carterand Jonathan Ratner

Twelve long years, countlessfield visits and monitoring trips,weeks of weighing and clippingand entering data, extensivetestimony by expert witnesses,numerous written reports, 14weeks of hearings and a hearingrecord of 15,000 pages. For what?For a satisfying win on the DuckCreek allotment in May 2013.

Since 2001, WWP hasmonitored on-the-ground conditions in RichCounty, Utah allotments, including the Duck Creekallotment. Dr. John Carter, former WWP UtahDirector, found tremendous erosion in the uplands,depleted plant communities, stream systems thatwere severely damaged, and springs that hadliterally been destroyed by livestock waterdevelopments, basically piping the water awayfrom the source and into metal troughs for cattle.These conditions were reported to BLM along withdozens of scientific papers on the effects oflivestock grazing to the environment andsuggestions for proper management.

BLM ignored WWP’s input when it came outwith an Environmental Assessment for the DuckCreek allotment in 2004. This assessmentproposed the adoption of a six pasture grazingsystem and the addition of numerous waterdevelopments throughout the allotment. WWPappealed the decision and it went to hearing at theOffice of Hearings and Appeals in front of Judge

Heffernan. After a week of testimony, BLMwithdrew the EA and Decision without furtheradjudication.

In 2005, Dr. Jim Catlin of Wild Utah Project(WUP) and Dr. Carter began a quantitativemonitoring program on the Duck Creek allotment.This entailed placing utilization cages in manyareas of the allotment to demonstrate the differencein grazed and ungrazed vegetation conditions.These data showed upland use was excessive,productivity impaired, sage grouse habitateliminated, vegetation use in stream areas extreme,stream banks trampled and destroyed, and waterpolluted with E.coli.

In 2007 BLM issued another EA on the DuckCreek allotment, once again adopting a permitteeand county developed plan for more waterdevelopments and fences. In 2008, WWP andWUP appealed this new decision, again going tohearing in front of Administrative Law JudgeHeffernan. Extensive briefing followed and finally,in May 2013, a ruling.

OHA found that BLM’s rangeland health

WWP’s Jonathan Ratnermeasures riparian degradation.

photo©John Carter

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Vol. XX, No. 2 Page 7

assessments were biased, that decisions were madearbitrarily and with little substantive basis, thatconservation interests were treated with hostilityand unfairly under the law, that the agency paidlip-service to sage-grouse protection but didn’t takethe requirements of its special status species policyseriously, and that range developments haveprofound effects on the landscape and can’t beused to offset existing degradation. It was anacross-the-board win and much credit goes to ourattorney, Judi Brawer, Dr. Carter and Dr. Catlinwho dedicated untold hours getting us to victory.

The time and effort to demonstrate this for oneallotment represents an enormous commitment ofresources, but Duck Creek serves as a proof ofconcept: BLM’s land health evaluation anddecision-making methods are biased, inaccurate,and insufficient to protect the natural resources onour public lands. Public lands advocates shouldn’tbear the burden of proof; federal agencies shouldbe using objective, honest, and scientific methodsin determining true land health, not merely rubber-stamping status quo management proposals.

Meanwhile, BLM has appealed the ruling to theInterior Board of Land Appeals, hoping this morefavorable body will reverse the lower court rulingand allow them to continue destructive grazing

Judge Heffernan’s Ruling:

“BLM failed to provide adequate advance notice to Appellants with respect to its June 2, 2006,scoping meeting, because BLM improperly delegated that function to the CRM, which enjoyed nofederal status or standing, and CRM sited, chaired, and procedurally controlled that pivotal federalscoping meeting. BLM violated NEPA by failing to assess a sufficient range of cumulative impacts. Inaddition, the record proves that BLM never knew the actual number of cattle grazing on the DuckCreek Allotment, and, consequently, BLM did not have sufficient knowledge to accurately assess andanalyze utilization on the allotment. BLM failed under NEPA to adequately assess the multiple impactsof its decision upon sage grouse, a BLM sensitive species; by its own testimony BLM did not evenknow where the sage grouse were located on the allotment; and, consequently, BLM did not issue aninformed decision under NEPA with respect to potential impacts upon sage grouse of its four pasturerotation system. With respect to the condition of wildlife species habitats, BLM failed completely toobserve and comply with Utah Standard 3. BLM failed to take the requisite “hard look” in the EA at theimpacts of lower grass percentages than were actually called for in its own ESDs. BLM incorrectlyconcluded that the grazing impacts on the uplands of new water troughs would not be measurable ,and, therefore, BLM did not adequately analyze such impacts in the EA. For these, as well as, the otherfactual, legal, and procedural reasons set out above, including BLM’s failure to include enforceableadditional terms and conditions in its Final Decision, BLM’S DECISION ON APPEAL HEREIN ISHEREBY REVERSED AND REMANDED TO BLM FOR FURTHER ACTION IN ACCORD WITH THISDECISION.”

practices on Duck Creek. Jonathan Ratnerimplemented water quality monitoring in 2009 andthe work goes on with more legal briefing, moredata collection to protect these sensitivewatersheds, streams and wildlife, while BLMrefuses to work with us to resolve the problemswith their monitoring, essentially averting theireyes to the degradation and proceeding as if theDuck Creek hearing never took place. WWPwon’t give up until the BLM admits that grazing isharming these resources and changes managementto reflect that knowledge.

Dr. John Carter left WWP after the Duck Creekhearing in 2010 to complete his residence andestablish Kiesha’s Preserve in SE Idaho. In 2012, hebegan working as Manager of the Yellowstone toUintas Connection, a non profit established tobring focus to the regionally significant wildlifecorridor connecting the Yellowstone area to theUinta Wilderness and southern Rockies.

For photos of how Western WatershedsProject monitored conditions in DuckCreek check out the photo-collage on

pages 8 and 9.

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Page 8 Western Watersheds Messenger

A. Stream drying up from decades of watershed and stream abuse,cattle leaving nothing except what is protected in cage.(Wild Utah Project Photo)

B. Measuring upland vegetation use. (Wild Utah Project Photo)

C. Measuring upland vegetation use. (Wild Utah Project Photo)

D. Upland plot Showing cattle and sheep leave little for wildlife.(Wild Utah Project Photo)

E. Jonathan Ratner measuring riparian disturbance. (John Carter photo)

F. Spring being destroyed by cattle. (John Carter photo)

G. Cattle still grazing meadow, leaving nothing for sage grouse.(John Carter photo)

A

C

EG

“Ecological analysis, an integral part of the study ofthe land and its health, relies on indicators that are not always obvious.The expertise of biologists outside land management agencies is oftenneeded to objectively interpret these signs. Monitoring provides biologicaland science-based analysis of land use plans and projects, literaturereviews about conservation issues, expert witnesses the local conservationcommunity needs for their campaigns and legal efforts, and ‘BestManagement Practices’ that incorporate ecological science intoagency practices.” -Wild Utah Project Website

Western Watersheds Project would like to thank Wild Utah Project fortheir assistance in Duck Creek monitoring efforts. You can learn more

about Wild Utah Project on the web at WildUtahProject.Org.

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Vol. XX, No. 2 Page 9

A. Stream drying up from decades of watershed and stream abuse,cattle leaving nothing except what is protected in cage.(Wild Utah Project Photo)

B. Measuring upland vegetation use. (Wild Utah Project Photo)

C. Measuring upland vegetation use. (Wild Utah Project Photo)

D. Upland plot Showing cattle and sheep leave little for wildlife.(Wild Utah Project Photo)

E. Jonathan Ratner measuring riparian disturbance. (John Carter photo)

F. Spring being destroyed by cattle. (John Carter photo)

G. Cattle still grazing meadow, leaving nothing for sage grouse.(John Carter photo)

B

D

F

“Ecological analysis, an integral part of the study ofthe land and its health, relies on indicators that are not always obvious.The expertise of biologists outside land management agencies is oftenneeded to objectively interpret these signs. Monitoring provides biologicaland science-based analysis of land use plans and projects, literaturereviews about conservation issues, expert witnesses the local conservationcommunity needs for their campaigns and legal efforts, and ‘BestManagement Practices’ that incorporate ecological science intoagency practices.” -Wild Utah Project Website

Western Watersheds Project would like to thank Wild Utah Project fortheir assistance in Duck Creek monitoring efforts. You can learn more

about Wild Utah Project on the web at WildUtahProject.Org.

Background photo ©USDA

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Page 10 Western Watersheds Messenger

Philanthropy Made Easyby Carter Hedberg

Everyone appreciates a littlemore convenience in his or her life,including when it comes tocharitable giving. Increasingly,individuals are choosing the

convenience of giving online when it comes tosupporting their favorite cause. According to theBlackbaud Idea Lab Charitable Giving Report for2012, online giving was up 10.7% in 2012compared to the overall giving increase of only1.7%. The growing interest in using the internet asa resource for philanthropy is clearly exemplifiedby “The Giving Library,” (givinglibrary.org) foundedby Laura and John Arnold.

The Giving Library offers current and aspiringphilanthropists an innovative way to enhance theircharitable giving. Donors can explore an onlinearchive of video interviews that feature arepresentative from each nonprofit describing theimportant work of their organization. This allowsdonors to engage with and learn about hundreds ofnonprofit organizations across the country. Thecompelling medium of video increases theorganization’s visibility and provides anopportunity for nonprofits to learn about peerorganizations across the country.

Last spring, WWP was invited to apply for agrant from the Laura and John Arnold Foundationin order to participate in The Giving Libraryprogram. WWP’s successful application earned theorganization an all-expenses paid trip to Houstonto create a professional video telling the story ofWWP’s mission and vision. The overview video isposted on WWP’s website atwesternwatersheds.org/about and the completedprofile will be available for viewing at The GivingLibrary later this fall. Potential donors will be ableto watch the video, learn about WWP’s importantwork, and be inspired to support to our efforts.

WWP is grateful to the Laura and John ArnoldFoundation for this opportunity to participate inThe Giving Library Project.

Carter is WWP’s Chief Development Officer.He lives in Hailey.

Thanks and Farewell tothe Peradam Foundation

WWP has been a regular grantee of thePeradam Foundation since 1999. Founder RobertSpertus has been an enthusiastic supporter of ourwork ever since the very first award letter, whichsaid, “The Project has done a remarkable job ofeducating the public on land use issues andmonitoring government agencies. Everyoneconcerned with conservation and social justiceshould be grateful for the Project’s grit,determination, and tactical ingenuity.”

The Peradam Foundation was founded in 1993in order to honor and provide financial support tosmall, grassroots conservation groups with a localfocus and an activist agenda. All groups benefitingwould share a common goal: the protection andrestoration of native plants and wildlife,particularly on public lands in the western statesand Alaska.

The Peradam Foundation differs from other bigfoundations in that it imposes no conditionswhatsoever on the organizations it funds. Thisdistinguishes the Peradam Foundation from othersources of support that require deliverables,reports, and tracking, which eats into the principleof the donation and takes time and resources awayfrom the primary work of the organization. Staying

Bristlecone pinephoto ©flickr.com/72213316@N00/

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“lean and mean” allows WWP to operateeffectively and efficiently with every donation,exactly what the Peradam Foundation intends forits recipients.

Peradam Foundation is closing its doors at theend of the year and decided it best to divide up itsassets among groups it has funded. In the letteraccompanying its final gift to WWP, PeradamFoundation had this to say;

“ We’ve watched [WWP’s] remarkable growth froma small group of local activists concerned by the

impact of livestock on fragile public lands in Idahoto a multistate powerhouse at the forefront of thecampaign to challenge abusive grazing practices,

and ultimately retire grazing permits on publiclands throughout the West. We’re understandablyproud of our small role in this trajectory. … We’vecontinued to provide WWP with modest annual

grants in recognition of your forthright positions oncontroversial issues. Unlike some other well-

established conservation groups, your advocacy isshaped by science and sound public policy, not on

politically popular strategies.”

Robert Spertus stated the following on thewebsite of his organization;

“...(W)e find it truly astonishing that so manyactivists hang in there year after year, patientlystruggling to safeguard a piece of forest land, amountainside, a seasonal creek, or a stretch ofdesert. A famous quote from the greatconservationist Aldo Leopold may offer a partialexplanation:

‘One of the penalties of an ecologicaleducation is that one lives alone in a world ofwounds. Much of the damage inflicted on land isquite invisible to laymen.’

True, to be sure. Still, there’s great consolationin knowing that there are others who also see thedamage and are equally committed to its repair.One can go out into Nature and feel a little lesslonely.”

WWP is so grateful to the Peradam Foundationfor this level of financial and philosophicalsupport. Thank you! Readers can learn more aboutwhat the Peradam Foundation was by visitingperadam.org online.

Wildlife First!

On October 19, 2013, Western WatershedsProject participated in “Wildlife First- AProfessional Symposium to Promote PublicInvolvement in Rangeland Issues,” a conferencepresented by the Arizona Chapter of TheWildlife Society in Mesa, Arizona. Jon Marvelwas a plenary speaker on the topic of wildlifeand livestock grazing interactions, and WWP’sArizona office offered a perspective on lowdesert grazing in Arizona. Former biologistsfrom both the Forest Service and BLM gavetalks on how difficult it can be to get straightanswers on ecological health due to pro-livestock bias, and the audience was providedinformation about participating inenvironmental decision-making regardinglivestock grazing.

All in all, a great conference and a hopefulsign that more wildlife biologists will startspeaking out on this issue!

From Left: WWP’s Jon Marvel,Greta Andersen and Laura Welp

Vol. XX, No. 2 Page 11

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Taking Responsibilityfor a Land Lovedby Andrew Pfeiffer

For the past few summers, theLost River Range near Mackay,Idaho, has been my personalparadise. I have fond memories ofscrambling over exposed, brokenridges, enjoying Idaho’s highest

summits with my friends, and lazily meanderingback into Ketchum on dirt roads after a long day.Cows always made up for the lack of cars in theBig Lost country. To me, though, they were onlynuisances on the road. I didn’t think much else ofthe impacts of these animals until this summer.

When Jon Marvel assigned the majority of myWestern Watersheds work in this region—includingCopper Basin, the North Fork of the Big Lost, andAntelope Valley, among other areas—I was initiallyhesitant to engage in my internship. I think I wasworried that my love for the area would becomediminished if I studied the impacts of cow grazing.From 5,000 feet above valley floors, the world iseasier to process. I could see rolling sagebrushplains and endless creeks, and appreciate them fortheir aesthetics without analyzing the condition ofthe ecosystem.

But after my first few trips over Trail Creekduring which I looked at egregious cow damage, Irealized that I had to take more responsibility forthe lands that I value. Cow feces filled decimatedfields, the creeks ran a murky, translucent brown,and most disappointingly I found cows that hadworked their way out of the plains and into themountains at Bellas Lakes in Copper Basin. Ipurposefully walked with my Australian CattleDog, Gracie, into cow-infested riparian

ecosystems. Around each corner I hoped to findanother wallowed out creek bed or another patchof sagebrush jutting dramatically above rocky,eroded soil so that I could capture a picture andhelp start the process of removing cows from thearea. Just because these impacts are invisible fromtop of a peak or lie nestled away from therelatively ungrazed Wood River Valley does notmean that they are acceptable.

Ultimately, citizens have to provide the impetusto end grazing on public lands. This is a problemin Copper Basin and the Lost River Range because;save for the occasional ATVer, hiker, or rancher,there are not people in the area. The region is nota recreational hub like the Sawtooth or WoodRiver Valleys. With more people recreating in theBig Lost area, I believe there would inevitably becomplaints about the health of the land. So, howdo we go about saving this person-light, cow-heavy area? I advise to tread lightly on this alreadydamaged land. But also, explore, documentimpacts, and most importantly, appreciate what thesweeping valleys and crooked creeks could bewithout the presence of cows. Most of the places Ijourneyed were new to me, despite their proximityto the Wood River Valley. Antelope Valley, BasinCreek, Grasshopper Creek, Toolbox Creek,Horsewallow Creek. A few months ago, these werenames on a map. Now I associate these places notonly with cow damage but also with desolate,unending beauty. Enjoy the Big Lost River and itstributaries for personal, recreational reasons. Butout of selflessness, contact government agencies tochange how these lands are managed. The grass,streams, insects, birds, pronghorn, and mountainswill thank you.

Andrew Pfieffer was a 2013 WWP intern.He attends Northwestern University

in Evanston, Illinois.

Page 12 Western Watersheds Messenger

The Lost River Range, Idahophoto ©www.flickr.com/32629638@N07/

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Vol. XX, No. 2 Page 13

In Memoriam: Joe Feller

Western Watersheds Project lost a true ally on April 8, 2013, when Attorney and Law ProfessorJoseph Feller was killed by a vehicle while running in Tempe, Arizona. Joe was a long-time grazingactivist and environmental lawyer, and a congenial colleague of many of us in the conservationcommunity.

Professor Feller had engaged in a broad range of activities aimed at reforming the management offederal public lands in the western United States. These activities included administrative protests andappeals, litigation in the federal courts, submission of comments on proposed agency decisions andrules, and testimony at public hearings and before legislative committees. Before undertaking the studyof law, Professor Feller earned a Ph.D. in physics from the University of California at Berkeley and wasan Assistant Professor of Physics at Columbia University. He then achieved his law degree at HarvardLaw School. Professor Feller published numerous articles on a variety of topics, including articles onpublic lands policy, state impeachment procedures, the interplay of federal and state environmentalstatutes, grazing management, air quality standards, and water law.

In recent years, his student clinic at the Arizona State University took on some of WWP Arizona’sgrazing appeals on Safford and the Arizona Strip, engaging students in the issues of false rangelandhealth assessments, illegal decisions, and long-delayed protest resolution. (Joe still had protests thatBLM didn’t resolve since 2002!) His precedent-setting case regarding Comb Wash allotment (UT) wasintegral to the ways we think about imposing interim management. He was a cautious and carefullitigator, but he was intrigued by new ways of challenging grazing regulations and soughtprogrammatic reform.

In addition to his professional activities, Joe was an avid mountain climber, hiker, and cross-countryskier, runner, and photographer. Photos of some of Joe’s adventures can be found online in his publicphoto albums: bit.ly/17g9TtE.

It is truly a loss for WWP to have lost one of the most brilliant minds working on how to achieveand end to public lands livestock grazing. It is also a huge loss for those of us who knew himpersonally and appreciated his enthusiasm and commitment to wild lands conservation.

Alabama Hills, Arizonaphoto ©J. Feller

Thunder River, Grand Canyonphoto ©J. Feller

Joe Feller addressingstudents on the

Twin C allotment,October 2012.

Photo G. Anderson

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WWP WelcomesFuture Executive DirectorTravis Brunerby Jon Marvel

Since June, Travis Bruner hasbeen serving as WesternWatersheds Project’s Public Lands

Director, getting up to speed with all the operationsof the organization. He will become becomingExecutive Director March 1st when Jon Marvelretires. It has been an exciting time of transitionand learning for all of us as Travis travels into thefield, meets with donors, works with staff andboard members, and starts to bring his own style ofcommunication and management to the group.

Travis is a recent graduate of the University ofColorado Law School. When Travis applied to lawschool, he wrote his application essay about hishope to use his law degree to eliminate grazingfrom public lands. During his first year of lawschool, Travis persuaded Mark Squillace and JoeFeller to advise him on his first public comment, acomment to the Forest Service regarding the DraftPlanning Rule’s failure to sufficiently addressgrazing. As an intern at WildEarth Guardians,Travis submitted public comments on the Apache-Sitgreaves National Forest failure to consider

impacts to the Mexican Gray Wolf in its grazingallotment decisions. During his final year at theUniversity of Colorado Law School, Travisbenefitted from the guidance of Charles Wilkinsonin his continued study of public land law.

In addition to his theoretical and academicunderstanding of the issues WWP works on, Travishas a deep love of the outdoors. He grew up inBozeman, Montana and has spent his time hiking,camping, fly-fishing, and hunting. He went out tothe East Coast for college but came to his sensesquickly and returned to the West afterwards,forever. Travis then lived in Oregon for about threeyears and Colorado for the past ten. Throughoutthese years, Travis has spent significant timeexploring out-of-the-way places, particularly inNew Mexico, Colorado, Wyoming, Montana, andOregon.

In May 2013. He then moved to Hailey withhis partner Courtney and their two dogs, Hawk andRaji. When he isn’t working, Travis also enjoysplaying music, and he’s completed three musicCDs: solo classical guitar, string quartetcompositions, and a country album. Heentertained staff and board at the September 2013Greenfire staff retreat.

Welcome Travis! May the Force Be With You!

Page 14 Western Watersheds Messenger

Travis Bruner canoeing on Idaho’s Silver Creek Perserve.The photo was taken by his wife Courtney.

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WWP is pleased to announce thatKaren Perry was elected to join the

Board of Directors at theSeptember 2013 meeting!

Karen has an undergraduate degree from UCBerkeley in Zoology. Her professional backgroundis in editorial management of digital and printmedia for a major publishing company. An avidphotographer and videographer, she has beenusing photographic and video media as a voice tocreate awareness for conservation, to tellcompelling stories about why wild places areimportant to our way of life.

A year and a half ago Karen refocused herenergies from her professional endeavors workingin the corporate world to engage others in herpassion for preserving wild places. She begancombining her past professional skills with hervision as a photographer and videographer, andworked to produce media for several non-profitsincluding Save Mount Diablo, the Teton RaptorCenter, and the Teton Regional Land Trust.

An avid reader of Ralph Maughan’s TheWildlife News, she was introduced to the work ofWestern Watersheds. Since then, Karen and Ralphhave been working on documenting the impact ofcattle on public lands in key grizzly bear habitatsuch as Squirrel Meadows.

A resident of the Bay Area in California andTeton Valley, Idaho, Karen is excited about theprospect of educating and inspiring people in bothlocations about western wildlife and landconservation issues, as well as possible solutions.WWP is grateful for Karen’s willingness to serve onthe board.

Western Watersheds Project StaffJon Marvel ....................................................Executive DirectorTravis Bruner ............................................Public Lands DirectorGreta Anderson ................................................Deputy DirectorKen Cole ........................................................NEPA CoordinatorDr. Michael J. Connor....................................California DirectorKatie Fite ....................................................Biodiversity DirectorJeremy Greenberg ........................................Operations DirectorCarter Hedberg ................................Chief Development OfficerRick Hobson ............................................Newsletter ProductionSummer Nelson ..............................................Montana DirectorJosh Osher ............................................Public Policy ConsultantJonathan Ratner ................Colorado, Wyoming & Utah DirectorErik Ryberg ..............................................Arizona Legal CounselLarry Walker ..................................................RangeNet DirectorGeorge Wuerthner ............................................Oregon Director

Board of DirectorsKelley Weston ....................................................................ChairDr. Ralph Maughan ....................................................Vice ChairDr. Erin Anchustegui......................................Secretary-TreasurerKaren Klitz ....................................................................DirectorKaren Perry ....................................................................DirectorDr. Bruce Hayse ............................................................DirectorGeorge Wuerthner ........................................................Director

Advisory BoardDr. John CarterDebra DonahueMartin Flannes

Dr. Steven HermanDr. Don Johnson

Louise LasleyDr. Elizabeth Painter

Dr. Tom PringleTodd Shuman

Louise Wagenknecht

Western Watersheds Project State and Regional Offices

Main Office ..........................P.O. Box 1770 • Hailey, ID 83333(208)788-2290 • fax: (208)788-2298

[email protected]

Idaho (Boise office) ..............P.O. Box 2863 • Boise, ID 83701(208)429-1679 • [email protected]

Arizona ......................................Box 2264 • Tucson, AZ 85702Erik Ryberg: (520)622-3333 • Greta Anderson: (520) 623-1878

[email protected]

California ............................P.O. Box 2364 • Reseda, CA [email protected]

Colorado, Wyoming & Utah ................................P.O. Box 1160Pinedale, WY 82941

(877)746-3628 • fax: (208)[email protected]

Montana ..........................P.O. Box 7681 • Missoula, MT 59807(406)830-3099 • fax: (208)475-4702

[email protected]

Oregon..................................P.O. Box 8359 • Bend, OR 97708(541)255-6039 • fax: (208)475-4702

[email protected]

Vol. XX, No. 2 Page 15

Karen and Ranger

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WESTERN WATERSHEDS PROJECT

P.O. Box 1770Hailey, ID 83333

NON-PROFITORG.

U.S. PostagePAID

Boise, IdahoPermit No 220~Address Service Requested~

CONTENTS

^ WWP Welcomes Future Executive Director Travis Bruner - Page 14

Page2 A Big Step Towards Ending Grazing in the West3 New Guidelines on Grazing Retirement4 Protection Proposed for Bi-State Sage Grouse5 Internship Offers Fresh Insights on Grazing6 Pursuing Reality in Utah8 Photo Feature: Monitoring Duck Creek10 Philanthropy Made Easy10 Thank You and Farewell to the Peradam Foundation11 Wildlife First!12 Taking Responsibility for a Land Loved13 In Memorium: Joe Feller14 WWP Welcomes Travis Bruner15 Karen Perry Joins WWP’s Board of Directors