LMD August 2016

Riding Herd

“The greatest homage we can pay to truth is to use it.”

by LEE PITTS

– JAMES RUSSELL LOWELL

August 15, 2016 • www.aaalivestock.com

Volume 58 • No. 8

Indecent Exposure

The Politics of Beef A I

BY LEE PITTS

NEWSPAPER PRIORITY HANDLING

was talking to a longtime reader of the Digest the other day and he asked me if I’d be voting for Hillary, “Me being a Democrat and everything.”

I spit out the tea I was drinking, had a coughing fit, choked and said, “Are you kidding?

I’m a Republican. Always have been. (I don’t know if that’s a boast or a confession.) I’ve always voted for the Republican nominee for President, even though there were a few times I had to hold my nose to do so.

I’m a devout believer in conservatism, country, the Constitution and capitalism with a conscience. Whatever gave you the idea that I’m a Democrat?”

He was shocked and said, “I assumed you were a Democrat because you seem to support R CALF and don’t care much for the NCBA and everyone knows R CALF is for Democrats and the NCBA is full of Republicans.”

Now it was my turn to be shocked. I’d never heard that theory before. At first I was a little proud he couldn’t tell my party affiliation by my writing and then I began to wonder if I’m being a traitor to my people when I cast my lot with R CALF instead of the NCBA? What’s next, a Bernie bumper sticker on my electric Smart Car? How does the reader’s theory about political party affiliations

Words that soak into your ears are whispered, not yelled.

jibe with an article I wrote many years ago titled, “Is R CALF Dead?” This was after founder Leo McDonnell and 13 R CALF committee chairman left R CALF and later formed the United States Cattleman’s Association. I chuckled at the time because one industry observer called those who stayed at R CALF a bunch of “right wing fundamentalist extremists.”

Is that any way to describe a bunch of Democrats?

I began to wonder if there was any truth to what the reader had said and surmised that the only way to tell is by looking at

the “platforms” of the NCBA and R CALF, after all, in many ways they are very much like political parties.

Trickle Down Economics Can you name one thing R CALF, Donald Trump and Bernie Sanders all have in common?

They are all against the Trans Pacific Partnership trade deal.

(You know things are getting weird when a billionaire capitalist and an avowed socialist agree on anything.)

NCBA is one of TPP’s biggest cheerleaders while R-CALF was the only witness represent-

ing the U.S. cattle industry that opposed the TPP in hearings before the U.S. International Trade Commission (USITC).

The USITC estimates that net exports of beef over the first 15 year span of the TPP pact will be worth $457.1 million more than if the TPP was not implemented. R-CALF CEO Bill Bullard put this amount into perspective, “This means that even under the USITC’s overly optimistic estimate, the best our industry can hope for is that in 15 years we will market barely over one day’s kill in additional cattle. This exceedingly small economic benefit does not outweigh the huge concessions our industry will be forced to make if the TPP is passed.”

The Republicans at the NCBA want you to assume that all those extra dollars will trickle down to the U.S. cow calf producer. After all, Republicans continued on page two

Ranchers Have Held Up Their End of Wolf Bargain

BY TODD NASH AND RUSTY INGLIS / FOR THE REGISTER-GUARD

O

regon’s ranchers want to set the record straight on wolves.

The Oregon Cattlemen’s Association and the Oregon Farm Bureau Federation opposed wolf reintroduction from the beginning, knowing the toll it would take on our livestock producers. Nevertheless, the ranching community worked with environmental groups and state regulators and agreed to the conditions of the Oregon Wolf Conservation & Management Plan in 2005. This cooperation came at a significant expense to producers who expended resources to reduce the risk of attack on their animals.

The wolf plan has worked. In fact, it worked extremely well. State wolf populations have exploded since reintroduction, with a 36 percent increase in 2015 alone, bringing Oregon to a population of 110 wolves and 11 breeding pairs.

To put this in perspective, the threshold in the plan for consideration for removing wolves from the state’s list of endangered species is four breeding pairs for three consecutive years.

Populations are currently well above that level.

Ranchers worked hard to live up to their obligations in the plan. Unfortunately, instead of doing the same and applauding Oregon’s

rural communities for their efforts in promoting wolf recovery, Cascadia Wildlands, Oregon Wild and out-of-state environmental litigation groups have once again filed a lawsuit — this time over a decision that in no way impacts wolf management in Oregon.

This is what these groups don’t want you to know: Delisting does not change current wolf management or conservation requirements for wolves. Wolf management is governed by the wolf plan, which is up for review this year.

Wolves in Oregon have always been and remain one of the best-protected species in the state, and their population will continue to increase.

This begs the question: Why are environmental activist groups suing on the delisting decision? In short, they want to use this lawsuit to force changes to the Wolf Conservation & Management Plan. And these groups want these negotiations to take place in confidential settlement discussions instead of through a public forum.

We believe that the public discourse of the Oregon Fish and Wildlife Commission, the legislative process and the upcoming Wolf Conservation & Management Plan review are the correct places for these important decisions. Private settlement negotiations that cut continued on page four

s hard as this may be to believe, I don’t like what I see when I look in the mirror. Whenever I am even close to a mirror it immediately flashes a warning sign, “Objects in the mirror are even uglier than they appear.”

I’m no clothes horse; more of a clothes nightmare. I’m no fashion plate either. (Not even a fashion saucer). I just don’t have any interest in clothes, or shopping for them. Never have.

When I come out of the closet it looks like I was dressed

by Goodwill Industries. Actually, I have no need for a closet because I carry my wardrobe on my back and it consists of jeans, tee shirt and ball cap. If I add a flannel shirt it’s formal wear. One smart aleck friend suggested I could be arrested for indecent exposure even when I’m fully dressed.

If I do have any style at all I guess you could call it “cowboy chic.” I have holes in my jeans and my tee shirts are ripped and often sport offensive phrases like, “Al’s A1 Septic Service where the grass is always greener.”

When I do have to dress up, like to go to the Dollar Store, I might wear a bluer pair of jeans and tuck in one side of my shirt.

My mother would kill me if she could see me now.

Part of the reason I’ve never liked to dress up is that fashion is confusing to me and involves far too many decisions. Take cowboy hats for example. Do I wear felt or straw? I know, there are rules about that sort of thing but another thing I don’t do well is follow rules. If I wear a black felt hat I look like a rebel outlaw but if I wear a white hat I look like a banker or a purebred auctioneer.

I’ve found that I can avoid these sorts of questions by wearing a straw hat. But do real cowboys wear a hat with three holes in the side for air conditioning? And how do I want the hat shaped?

See, there are far too many decisions. So I just wear a free ball cap from an auction market to hide my oddly continued on page nine

www.LeePittsbooks.com

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Livestock Market Digest

August 15, 2016

POLITICS practically invented trickle down economics. But in this case, we all know that any additional income, if there is any, will more likely trickle down to the global meat packers JBS, Tyson and Cargill.

Bullard calls TPP a corporate give-away. “The TPP allows multinational packers to use a “Product of the USA” label on cattle sourced from anywhere in the world, which effectively ends all competition between U.S. cattle producers and their foreign competitors. To top it off, because the pact allows USA labels on beef from animals sourced anywhere in the world, multinational meatpackers can put an end to our competitive U.S. cattle cycle simply by sourcing cattle from other countries whenever they believe domestic cattle prices are too high or domestic cattle supplies too tight.”

“Like NAFTA,” says Bullard, “The TPP will help multinational meatpackers capture even more control of the U.S. live cattle supply chain away from independent U.S. farmers and ranchers, relegating them to nothing more than a cog in the big meatpackers’ global supply chain.”

There was once another Republican Presidential candidate, Ross Perot, who was laughed at because he said that if we passed NAFTA the next thing we’d hear would be “a giant sucking sound, sucking all our jobs away.” Now the Republican candidate for President, is saying the same thing about the TPP despite the fact the Republican leadership and the NCBA never met a trade pact they didn’t like. When it comes to trade deals and imbalanced trade, it’s wise to remember the words of the world’s biggest traders, the Chinese: “Fool me once shame on you. Fool me twice shame on me.”

Bought and Paid For It had to be uncomfortable for NCBA big wigs at their last convention because the market had just taken one of the biggest falls in history, in large part caused by algorithmic traders on the CME. You might know the CME as the heretofore known Chicago Mercantile Exchange, a big financial contributor to the NCBA for years.

Irate NCBA members went to their convention demanding changes on the futures exchange. In response the NCBA said they were meeting with the CME and with much to-do introduced their answer to out-ofcontrol computer trading: an all new auction for fat cattle that would put some transparency in the cattle market and finally establish a fair market price for cattle based on supply and demand, instead of letting leveraged futures traders sell millions of cattle they never owned and thereby set the price.

The much-touted Fed Cattle Exchange held its first live feeder cattle auction on May 25, and promptly announced that due to

continued from page one

technological problems they had to halt operations temporarily.

Then on June 29, after just four sales, the cattle auction promoted by the NCBA suspended activity indefinitely.

Does any sane person think the Big Four are going to support a competitive auction for fat cattle when they can hold the fed cattle market captive?

Meanwhile, R CALF continues to demand that Congress take some action in reigning in the futures traders and their big casino which caused confused cattle markets to drop a dollar per pound.

As for those meetings, the CME says it is working with the NCBA to improve the futures markets. Don’t hold your breath waiting for any meaningful changes. Face it folks, this is politics and the NCBA and the CME are joined at the hip. Or at least the wallet.

Follow The Money R CALF is a big supporter of checkoff reform while the NCBA, who has siphoned off most of the checkoff dough, naturally likes things just the way they are, thank you very much.

R CALF joined more than 140 other organizations, ranchers, farmers and businesses in sending a letter to Senators Booker and Lee for filing legislation that, if passed, would stop commodity checkoff program abuses and would ensure that no farmer or rancher is forced to pay fees into programs that do not promote their market segment.

“Independent cattle producers are tired of the conflicts of interest, misspending, and other abuses rampant in our beef checkoff program,” says R CALF’s Bullard. “We are now appealing to Congress to take action to stop these commodity programs from harming the very individuals who are forced to pay into the checkoff funds.”

The legislation would: (1) Stop federally mandated checkoff dollars from being transferred to parties that seek to influence government policies or action relating to agriculture issues. (2) Enforce the prohibition against conflicts of interest in contracting and all other decision-making operations of the checkoff program. (3) Stop federally mandated funds from being used for anti-competitive programs or from being spent to disparage another commodity in the marketplace. (4) Increase transparency of the individual boards’ actions by shedding light on how federal checkoff funds are spent and the purpose of their expenditures. (5) Require audits of each program every five years to ensure their activities are in compliance with the law.

You can bet the NCBA will use their lobbying arm to kill any checkoff reform measures.

After all, the NCBA derives more than 80% of its total revenue from the beef checkoff.

Since the beef checkoff is a govcontinued on page three

August 15, 2016

Livestock Market Digest

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POLITICS ernment program we know that the reform measures have no chance of passing both houses of Congress. After all, when’s the last time you heard of a government program ending? All they ever do is get bigger and bigger.

Under the Influence Like many old-school Republicans, the NCBA promotes the idea that we can export our way to prosperity while giving up a big chunk of our domestic market. How’s that working?

You don’t want to know.

In the year 2015 the amount of beef we brought into this country increased 32% over 2014. During the same time the amount of beef we sold to other countries decreased 12% by tonnage and 14% by value. And it’s only getting worse.

In June the amount of Brazilian processed beef and beef sub-product exports to the United States rose 34% over May. As a result, the U.S. is now among Brazil’s 10 biggest beef buyers.

Keep in mind, the world’s largest processor of beef and Brazil’s largest beef exporter to the U.S. is JBS, an NCBA member. Brazil’s beef exports to the U.S. are expected to increase even more now as the U.S has signed on to a deal that allows Brazil to send fresh beef here from their states that supposedly don’t have foot and mouth disease. It could be only a matter of time before they export that to us also. But the free-trading NCBA is all for it.

Under the influence of the multinational meatpackers, the NCBA sees nothing wrong and blamed the strong dollar and high beef prices for our global problems. They appear not to realize that it’s not in their member’s best interests that a foreign firm is their biggest buyer. Just like the pork producers didn’t realize until too late that the largest pork producer in the U.S., Smithfield, shouldn’t be sold to a Chinese firm. They seem to be genuinely shocked when these foreign firms try to replace domestic production with cheaper meat processed all over the world.

But the NCBA doesn’t seem to care because they’re going to get their beef checkoff dollars whether the beef was produced by the 729,000 remaining cattle producers in this country or by a producer in Namibia.

Dwindling Away In 2008 there were 82,170 feedlots in this country but by 2015, sadly that number had been reduced to 27,189. That’s a 67% drop! Only 2,189 of the remaining feedlots have a onetime capacity of more than 1,000 head yet they marketed a full 87% of all cattle marketed in 2015.

And the dwindling away and concentrating continues.

R-CALF has requested immediate antitrust enforcement action to block the proposed mega-feedlot merger between Cargill Cattle Feeders, and Fri-

continued from page two

ona Industries. Stating, “While it fully supports the divestiture of feedlots owned by meatpacker giant Cargill, the effect of the proposed sale of two of Cargill Cattle Feeders feedlots to Friona will substantially reduce competition in both the feeder cattle market and the fed cattle market.

If you’ll recall, R CALF also opposed the acquisition of the largest cattle feeder, Five Rivers Cattle Feeding Company, in 2008 by the Brazilian firm JBS. After the purchase the feeder cattle market dropped dramatically.

Like good Republicans, the NCBA has never opposed any merger or conglomeration in

the beef industry and has urged Congress to maintain their hands-off the monopoly policy.

No doubt, Congress will continue to listen to the packer’s de facto lobbyist, the NCBA. And just think, the NCBA does all this for the packers despite the fact that the packers don’t have to pay the buck a head like you do.

You won’t find a sweeter deal in all of Washington DC.

COOLING Off As the largest producer-only trade association representing the U.S. cattle industry, R- CALF was a lead supporter of mandatory COOL for beef and while we had it, ranchers

received the highest prices for their product in history. The NCBA fought tooth and toenail to get rid of Country of Origin labeling on behalf of their packer backers and finally they were successful in killing COOL. Shortly thereafter the cattle market crashed. Coincidence? The only other time the cattle market got nearly that good was when R CALF almost single-handedly got the border with Canada closed to stop their mad cows from coming across.

The NCBA was against the border being closed. After all, the NCBA is on record for telling a federal court that, “Beef is beef, whether the cattle were born in Montana, Manitoba, or Mazat-

lán.”

The conclusion I have come to after much thought is that there are plenty of Democrats in the NCBA and Republicans in R CALF. You can’t say that because R CALF is against trade agreements like NAFTA and the TPP that they tend to follow along Democratic party lines, when the Republican nominee for President, Donald Trump, is also against the TPP. See how confusing this can get?

I don’t think your party affiliation should be a factor in choosing who to vote for with your membership money. If you care for your country, and vote your pocketbook, you’d join the R CALF party, not the NCBA.

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Livestock Market Digest

August 15, 2016

Keep a Watchful Eye Out for Anaplasmosis in Cattle Herds

BY DONALD STOTTS, OKLAHOMA STATE UNIVERSITY EXTENSION / FROM THE DROVERS JOURNAL

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he occurrence of anaplasmosis has been shown to be more widespread in the United States than once thought, underscoring the need for cattle producers to be aware of causes for and clinical signs of the disease.

“This past year, confirmed cases of bovine anaplasmosis in the Midwest have reached record levels, and recent evidence of widespread anaplasmosis in Kansas provides reason to believe the disease is likely present in northwest Oklahoma as well,” said Dana Zook, Oklahoma State University Cooperative Extension area livestock specialist for northwestern Oklahoma.

Oklahoma is considered to be endemic, meaning in most parts and especially in the eastern and south-central parts of the state, this disease occurs every year. If anaplasmosis is suspected in a cattle herd, a blood test can confirm its presence.

“One more reason why Extension has always recommended livestock producers invest in a good working relationship with their large animal veterinarian,” Zook

said. “The more a veterinarian knows about a specific herd, the more able he or she is to enhance a livestock operation’s herd health management.”

Anaplasmosis is a disease in cattle that causes destruction of red blood cells by bacteria called Anaplasma marginale.

Upon gaining entry into a susceptible animal, the anaplasma bacteria slowly invade the animal’s red blood cells.

“After a short incubation period, the animal’s immune system will try to destroy the bacteria,” said Dr. Barry Whitworth, veterinarian and OSU Cooperative Extension food animal quality and health specialist headquartered out of Ada. “In an attempt to rid the body of the infection, the immune system inadvertently destroys the animal’s red blood cells, which leads to the characteristic anemic effects of anaplasmosis.”

Clinical signs of the disease may include weakness, loss of appetite and pale skin around the eyes, muzzle, lips and teats. Later, the animal may exhibit excitement, rapid weight loss and yellow tinged skin. Cattle of all ages can be infected with anaplasmosis.

“Older animals typically will exhibit the most severe clinical signs,” Zook said. “Cattle one to three years of age may ex-

hibit severe clinical signs, but their ability to recover from the disease is more likely than older animals. Data indicate that 30 percent to 50 percent of infected cattle more than three years of age will die without early treatment.”

It is important to note that calves younger than one year may become infected but rarely exhibit clinical signs. Animals that recover from the disease will be carriers for life and calves born to these animals also will carry the disease. Anaplasmosis can be spread by the transfer of blood from an infected animal to a susceptible one.

“While some producers may be quick to blame horn flies, stable flies and mosquitos, the main vectors in transmitting anaplasmosis are horse flies and ticks,” Whitworth said.

“The greatest issue in terms of control is that common external parasite treatments for cattle are not particularly effective against these species.”

In short, widely used insecticide ear tags that are effective in deterring ear ticks and horn flies are nowhere near as effective against horse flies and ticks that transmit anaplasmosis.

“Sprays and pour-on insecticides work far better for ticks but all insecticides only

provide very brief control of horse flies,” said Justin Talley, OSU Cooperative Extension livestock entomologist and entomology researcher. “Some pyrethroid insecticides have been shown to repel horse fly feeding immediately after application but it will be short lived.”

Talley and Zook added that data from a recent fly control demonstration in Alfalfa County confirmed monthly application of sprays and pour-on insecticides is necessary for effective control of external parasites.

“Anaplasmosis also can be transferred by instruments contaminated with anaplasma-infected blood, often during dehorning, tagging and castration procedures,” Zook said. “The repeated use of unclean needles in vaccination and treatment procedures also can contribute to transmission.”

Tetracyclines are labeled by the U.S. Food and Drug Administration to combat bovine anaplasmosis in the United States. In the past, a commonly utilized control method was to feed chlortetracycline (CTC) to cattle in combination with a freechoice mineral.

“This common practice can still be utilized but be aware it

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will require a veterinary feed directive for inclusion in feed or mineral as of January 1,” Zook said. “Producers need to be aware that treating cattle for anaplasmosis can be complicated.”

Animals exhibiting severe clinical signs of the disease are at risk of sudden death if excited because of their reduced red blood cell count and reduced oxygen carrying capacity. Furthermore, treatment for cattle exhibiting severe signs of anaplasmosis will not necessarily alter the course of the disease and may actually prolong clinical symptoms.

“Cattle not yet severely affected may benefit from treatment of an injectable oxytetracycline,” Whitworth said.

“A vaccine is available for anaplasmosis but it will not prevent infection. However, the vaccine will typically reduce clinical signs caused by anaplasmosis.”

Widespread use of the vaccine has not yet been achieved, largely because of its cost and availability.

Oklahoma is the nation’s fifth-leading producer of total cattle and calves, and third-leading producer of beef cows, according to data from the USDA National Agricultural Statistics Service. continued from page one

The impact of wolves on Oregon’s ranch families is real and is here to stay. The cattle industry is a major economic driver

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greater than the state’s numbers suggest. It is nearly impossible to get the state to register a livestock kill as confirmed, even in the face of overwhelming evidence. As a result, for every confirmed wolf kill of a calf or lamb, many more go unconfirmed.

Oregon ranchers are losing livestock and taking substantial financial losses due to wolves.

This economic impact from wolves is much higher than that from coyotes, who often target young calves, while wolves will often target grown cows.

Wolf protection is an emotional issue for many; we understand that. But just as important and just as worthy of passion is the survival of Oregon’s rural communities. Oregon’s ranching families have honored their agreement with the state to follow the wolf plan, and have suffered indirect and direct loss due to wolf reintroduction. It is our hope that environmentalists will one day honor their commitment.

Todd Nash is chairman of the Wolf Committee for the Oregon Cattlemen’s Association.

Rusty Inglis is president of the Harney County Farm Bureau, an affiliate of the Oregon Farm Bureau.

August 15, 2016

Livestock Market Digest

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Maximum Civil Penalties for Environmental Violations Set to Dramatically Increase PHILLIPS LYTLE LLP / LEXOLOGY.COM

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hrough an interim final rule effective August 1, 2016, the U. S. Environmental Protection Agency (“EPA”) is increasing the maximum daily penalties it may assess for environmental violations that occurred any time after November 2, 2015. Any violation of an environmental statute enforced by the EPA, i.e., Clean Water Act, Clean Air Act, TSCA, RCRA, CERCLA and EPCRA, may now have a penalty that is up to 150 percent higher than the previous daily maximum. For example, a

Class I violation of EPCRA carries a statutory maximum penalty of $25,000 under 42 U.S.C. 11045(a). Now, the maximum daily civil penalty for that violation is $53,907.

The increase in maximum penalties is a result of the 2015 amendment to the Federal Civil Penalties Inflation Adjustment Act of 1990 (the “Act”). The amendment requires federal agencies to adjust their civil penalties with an initial onetime “catch-up” adjustment so that the new maximums will have taken effect by August 1, 2016. Beginning January 15, 2017, agencies will also be re-

quired to make annual, rather than quadrennial, adjustments for inflation. The adjustment is calculated by multiplying the originally enacted maximum penalty amount, or the amount last adjusted by statute, by the difference between the Consumer Price Index for all Urban Consumers (“CPI-U”) during the month of October 2015 and the CPI-U for the month of October during the year that the penalty was enacted or last adjusted.

The Act does provide, however, that the “catch-up” adjustment shall not exceed 150 percent of the penalty that was in effect on November 2, 2015. If the ad-

justment exceeds 150 percent, then the 150 percent value will be the new maximum penalty.

The results of the EPA’s calculations and new maximum daily penalties can be found in Table 2 of 40 C.F.R. Section 19.4: Civil Monetary Penalty Inflation Adjustments.

This maximum daily penalty increase will undoubtedly impact settlement negotiations, and resolving alleged environmental violations with the EPA will become even more costly and potentially more contested and time consuming. The EPA suggests that the new rule will not necessarily change the civil

penalties that it chooses to impose, but nevertheless will have the overall impact of making environmental violations more costly and challenging to defend and resolve. Furthermore, state agencies responsible for environmental enforcement may now choose to increase their own maximum penalties to keep pace with the EPA. The potential for substantially higher maximum daily penalties may also cause the EPA to reevaluate how it chooses to enforce environmental statutes, and the agency will certainly have more bargaining power when it comes to assessing penalties.

New Talon Internship Accepting Applications

A

new internship opportunity through the Angus Foundation and the Angus/Talon Youth Education Learning Program will pair motivated youth with working registered-Angus ranches to give a valuable hands-on educational experience for eight weeks during the summer starting in 2017.

Motivated and knowledgeable young people will be the leaders of the next generation of agriculturalists. Applications for both Talon scholarship recipients and for host breeders are available now at the bottom of the page at angusfoundation.

org/fdn/Events/FdnTalon.html. Both applications are due Sept. 15.

Skilled people can sometimes be the limiting factor for production agriculture. Even if youth live or grew up on a working ranch, it is important to gain beef production experience, mentorship and insight from another operation.

Cam Cooper of Talon Ranch, who was a staunch supporter of agriculture’s youth, set up the Angus/ Talon Youth Educational Learning Program Endowment Fund. Through application, both an interested college or graduate student, or even a

recent graduate younger than 25 and a working Angus ranch will be paired by the endowment fund’s Advisory Committee, with preference given to students who have received a Talon scholarship.

“Cam’s vision for the Talon Youth Educational Learning Program was for it to be a holistic experience for students. They could come into the program as an undergraduate scholarship recipient — with the opportunity to continue through graduate school — and get real-world experience through this internship. She was a true champion for our Angus youth,”

says Milford Jenkins, president of the Angus Foundation.

The partnership will benefit both the ranch and the intern by providing an educational experience and enthusiastic fresh perspective for both parties.

For more information on the benefits of internship for both youth and ranches, see the full feature story in the May issue of the Angus Journal.

For more information or to apply for the internship, visit www.angusfoundation.org or www.angus.org/ njaa.

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Livestock Market Digest

August 15, 2016

Lawyers Make Millions Off Taxpayers, Endangered Species Act as Ranchers Try to Live With Rare Bird KEVIN MOONEY / THE DAILY CALLER

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eathers are flying over whether the federal government is overprotecting a rare bird in Colorado, in what critics grouse is an example of lawyers making millions while abusing the Endangered Species Act. Trial lawyers who collect taxpayer-funded fees under the law file so many suits that they undermine local conservation efforts in Western states, according to government officials, industry advocates, and legal analysts familiar with the situation.

In Colorado, the situation prompted Gov. John Hickenlooper, a Democrat, to sue the Obama administration early last year.

Over 25 years, Colorado officials spent more than $40 million to preserve the habitat of a paunchy, ground-dwelling, chickenlike bird known as the Gunnison sage grouse.

Colorado officials worked in partnership with ranchers in Gunnison County, who voluntarily entered into conservation easements on their property that protected the bird while allowing for robust ranching activities.

In the past few years, the Gunnison sage grouse population not only has stabilized but increased in the part of southwestern Colorado where they’re concentrated, local government figures show.

Even so, the U.S. Fish and Wildlife Service saw fit to list the species as “threatened” under the Endangered Species Act in November 2014.

Kent Holsinger, a natural resources lawyer based in Denver, says he sees a perverse set of incentives at work that allow green groups such as WildEarth Guardians, a nonprofit environmental group, to file suits that ultimately work against the bird’s environment and the local

community.

Under a section of the Endangered Species Act providing for citizen suits, nonprofit environmental groups may bring litigation against the federal government. U.S. taxpayers often foot the bill for the substantial fees the groups pay to their attorneys.

In the U.S. House of Representatives, the Natural Resources Committee has obtained documents from the Justice Department that show U.S. taxpayers paid out more than $15 million in attorney’s fees over four years to cover the costs of lawsuits brought under the Endangered Species Act. Some lawyers are paid as much as $500 an hour, the documents show.

Time for Reform?

“We desperately need reforms to the Endangered Species Act,” Holsinger said, adding: So long as these litigation provisions are around, it will create openings for habitual abusers of the law like WildEarth Guardians to continuously sue. They are nothing more than a group of trial lawyers who have found a profitable niche to collect attorney’s fees at taxpayer expense and to perpetuate these legal actions that do no good for the environment or for the community as a whole, but they are very good for WildEarth Guardians.

The Gunnison County ranchers entered into agreements with state officials so they could help to preserve the Gunnison sage grouse while obtaining some level of certainty that they wouldn’t be punished for their ranching activities, Holsinger said.

But, he warned, if “radical environmental groups” continue to litigate and put pressure on government agencies to apply more restrictions, especially where public lands are concerned, it could mean ranchers will be forced to sell their property.

“This is about their livelihood,” Holsinger said of the

ranchers. “If they are cut back from the status quo, which is a distinct possibility, then their ability to earn a living will be impacted and that means they will have to sell their property, with the most likely purchaser being a developer.”

Erik Molvar, a wildlife biologist with WildEarth Guardians, sharply disagrees with critics of the Endangered Species Act, including the provision for lawsuits,and said he would prefer no major changes.

“Without the ESA, it would be politics as usual and extractive industries would continue to have the right to drive [wildlife] populations into extinction,” Molvar said. “The ESA was created to make decisions based solely on science so politics could not enter into these decisions. This gets us past the political roadblocks to prevent the extinction of rare species.”

Democratic Governor Sues Obama Administration In January 2015, WildEarth Guardians and another environmental group, the Center for Biological Diversity, filed separate lawsuits against the U.S. Fish and Wildlife Service.

They argued that the listing of “threatened” for the Gunnison sage grouse doesn’t provide sufficient protection and should be raised to “endangered.”

WildEarth Guardians joined in its suit with Clait Braun, a retired sage grouse researcher with the Colorado Division of Wildlife who since 2000 has operated Grouse Inc., an Arizona-based consulting firm that studies the sage grouse. In the second case, the Center for Biological Diversity joined with the Western Watersheds Project.

A few weeks later, Hickenlooper, a Democrat, filed a lawsuit against President Barack Obama’s Interior Department and the agency’s Fish and Wildlife division in an effort to overturn the “threatened” listing.

Gunnison County, which is heavily Democratic, later joined with the governor in the suit.

Colorado Democrats “felt like they had no recourse but to file suit against their own party in Washington, D.C.,” and that “shows just how out of touch the Obama administration is with sound public policy,” Brian Seasholes, director of the Endangered Species Project for the Reason Foundation, said in an interview with The Daily Signal.

“For over two decades now, Gunnison County has been engaged in a very successful effort to boost the sage grouse population, but it appears Fish and Wildlife either failed to properly analyze the facts on the ground or simply ignored what the science said about the bird’s population.”

The “best available science” demonstrates that the Gunnison sage grouse “is not threat-

ened throughout its range,” Hickenlooper’s lawsuit argues, adding: The Gunnison Basin population, which comprises the vast majority of the species, is not presently in danger of extinction, nor is it likely to be at risk of extinction in the foreseeable future. In fact, experts cited in [the Fish and Wildlife Service’s] Final Listing Rule estimated that the risk of extinction over the next 50 years is no more than 1 percent. Thus, [the wildlife agency’s] decision to list the Gunnison sage grouse as threatened was arbitrary, capricious, and not in accordance with law.

“The Interior Department’s penalty-based approach to sage grouse conservation is going to harm the bird while Colorado’s approach, which is incentive-based, cooperative, and draws heavily on partnerships, has a proven track record of helping the sage grouse,” Reason Foundation’s Seasholes said.

In the Event of a Meteor Strike Paula Swenson, the longtime Democratic chair of the Gunnison Board of County Commissioners, told The Daily Signal that it’s evident to her that the federal wildlife agency did not rely upon sound scientific data in making its determination.

She points out that for almost 20 years now, the Fish and Wildlife Service has said that the survival of the Gunnison sage grouse is dependent upon the viability of the Gunnison Basin population, located primarily in Gunnison County and in a small part of Saguache County.

In total, there are about 5,000 Gunnison sage grouse spread throughout southwestern Colorado and southeastern Utah, according to federal figures, with about 85 percent residing in Gunnison Basin.

Swenson notes that Colorado Parks and Wildlife, the state agency charged with monitoring and providing science on conservation efforts, has determined that the Gunnison sage grouse population is stable and not threatened in the foreseeable future. Moreover, federal officials at the Fish and Wildlife Service concurred with the state’s findings, Swenson explained in an email: They also agree that the efforts of our local government, property owners and partnerships with state and federal agencies have sustained this population. However, since the six satellite populations, which combined only make up about 15 percent of the total population, are not seeing the same sustainability numbers that the Gunnison [River] Basin is, the [Fish and Wildlife Service] chose to list this species as threatened. The [federal agency] systematically divided the species into Gunnison Basin and all other populations instead of looking at the species viability as a whole. The rationale provided was all specula-

tion, not science.

Swenson said she was incredulous at the reasoning behind the federal agency’s decision-making.

“The reasons for listing that were stated to me included [that] if a disease came into the Gunnison Basin it could wipe out the species, or my favorite [reason]: A meteor could crash in the Gunnison Basin and wipe out the species.”

Molvar, the WildEarth Guardian biologist, said he is not convinced the population is stable. The main population is probably less than 5,000, he estimates, the “bare minimum to have a stable population.”

“Even if you believe the Gunnison Basin is stable and secure, you are still putting all your eggs in one basket,” Molvar said.

“One major catastrophe like a West Nile virus could wipe out the population and drive it to extinction.”

Green Lawsuits Seen as the Problem John Swartout, a Republican, is a senior policy adviser to Hickenlooper. A bipartisan consensus is emerging in favor of reforming the Endangered Species Act so that it can “live up to its full potential without being so dominated by litigation,” the governor’s adviser said in an interview with The Daily Signal.

The problem is “with the adversarial structure” attached to the law and not U.S. Interior Secretary Sally Jewell or her department, Swartout insisted.

“We have no complaints about the secretary of interior and the people who work with her,” he said, adding: She has been great to work with and she’s done a lot to be helpful despite the fact that we filed litigation. This has been a bad situation not of her creation. The governor felt like the landowners had done everything we asked them to do and made a superhuman effort. They really stepped up and did everything that was necessary. This isn’t about us being mad at the [Obama] administration. It’s about us having the backs of the people who tried to do what they could to protect the sage grouse.

The Gunnison sage grouse is a close cousin of the greater sage grouse, which resides in Colorado and 10 other Western states.

In September 2015, the Fish and Wildlife Service declined to list the greater sage grouse as either threatened or endangered under the federal law.

But, the Interior Department and Agriculture Department instead have imposed 15 land use amendments covering more than 60 million acres of federal land that restrict activities in the habitat of the greater sage grouse.

Federal bureaucrats are making a deliberate effort to subdivide species that have few or continued on page seven

August 15, 2016

Livestock Market Digest

Page 7

Future Angus Stockmen: Scholarship Application Available

LAWYERS no biological differences, said Ethan Lane, executive director of both the National Cattlemen’s Beef Association and the Public Lands Council, an advocacy group for Western ranchers who hold grazing permits for public lands.

“The fact that these [grouse] populations have been split off into separate species is done to create more opportunities for lawsuits and this speaks to a big part of the problem with the Endangered Species Act,” Lane told The Daily Signal.

“In order to keep the machine pumping, the litigation factory culture that has taken over the environmental community has found that it’s easy to split off populations that are not really so different.”

The land use plans, set in

ture in the beef business.”

The winner will be notified in October 2016, and the scholarship presented during the Angus Convention, hosted Nov. 5-7 in Indianapolis, Ind. Applications will be judged on the participant’s future agriculture career path, passion for beef cattle and leadership experiences within the industry.

“The Future Angus Stockmen scholarship is really an opportunity for that young producer who really wants to go back and contribute to the family operation or step out in their own commercial farm or ranch,” says Scott Holt, Allflex North American marketing manager.

“It’s exciting for us to support these students in their future endeavors.”

To be eligible, the applicant or applicant’s parents/guardians must have transferred or have been transferred a registration paper in the last 36 months (on or after May 1, 2013). They must also have an affiliate member code or a current member-

ship with the American Angus Association.

Applications are available for download online and must be postmarked by Sept. 16. Reference the application for more instructions on how to apply.

About Future Angus Stockmen The American Angus Association launched Future Angus Stockmen in 2014 as an effort to impact young cattle producers through learning and networking opportunities, while also building a bond with the Angus breed and its member-driven organization.

“Our goal with the Future Angus Stockmen initiative is to

give young producers who want to play a role in beef production the jumpstart they need to be successful in the business,” Gottswiller says. “Strong skills in communications, marketing, data analysis and business planning are critical in our industry’s challenge to produce quality beef.”

Future Angus Stockmen is aimed toward college-age or recent graduates who want to raise high quality Angus-based commercial cattle. The program will offer educational opportunities that teach participants how to thrive in the cattle industry, social networking to connect them with fellow producers and leadership development to instill an

entrepreneurial spirit and drive to improve their businesses.

Participants will learn how to use proven information such as expected progeny differences (EPDs) and dollar-value indexes ($Values), while incorporating DNA technology to make data-driven decisions. In partnership with Zoetis, the American Angus Association offers those enrolled in the program a special, reduced rate for GeneMax® Advantage™ and GeneMax Focus™ tests.

Future Angus Stockmen enrollment can be completed at any time, and enrollment forms can be found in the commercial programs section atwww.angus. org.

continued from page six

motion by Interior’s Bureau of Land Management and USDA’s Forest Service, impose limits on where livestock can graze with the intent of creating buffer zones around the sage grouse’s habitat.

State and local officials in Utah, Idaho, and Nevada filed suit to overturn the land use amendments.

Four environmental groups— WildEarth Guardians, the Center for Biological Diversity, the Western Watersheds Project, and the Prairie Hills Audubon Society—filed a suit against the federal government aimed at closing off what they view as “loopholes” in the amendments.

The Denver-based Western Energy Alliance filed a separate suit challenging oil and gas restrictions in the land use plans.

Lasater 7261 Photo credit Watt M. Casey Jr

www.LasaterRanch.com

A

imed at fostering the next generation of commercial cattle producers, the Future Angus Stockmen program, established by the American Angus Association, offers opportunities for young cattlemen and women to gain the knowledge and tools they need to be successful.

Now in its second year, Future Angus Stockmen is proud to partner with Allflex USA to award a $1,000 scholarship to a college student involved in the commercial Angus business.

Applicants must be enrolled in the Future Angus Stockmen program, and applications are available online and must be returned by Friday, Sept. 16.

“We are looking forward to recognizing another outstanding student this year through the Future Angus Stockmen scholarship,” says Ginette Gottswiller, Association director of commercial programs. “Thanks to Allflex for supporting us in this mission to encourage young cattle producers and build their fu-

We think Lasater 7261 represents an excellent Phenotype - BOTH for the tropics and for the desert.

Excessive hide is not desirable–we want thickness, width across the back, a big muscular butt and a clean underline.

The packer wants meat, not hide and waste.

This bull went to Coastal Mexico with excellent results.

SAVE THE DATE:

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Please call or write for more information Free Freight on Volume Purchases Our cattle do better: Here is why: 1. We select for Optimums. For example; we are not focused solely on weaning weights. We want a bull who will continue to do well after weaning.

2. Our 400 cow herd has been a closed herd since 1937. Geneticists predicted problems would arise long ago. They did not factor in our rigorous culling, and our no nonsense approach to raising cattle on native grasslands - requiring a calf a year with no exceptions.

3. We discontinued using all insecticides in the 1960’s.

No pour-ons, injections, back rubbers, no nothing. Resistance to flies, lice and other insects is built in to our cattle.

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Page 8

Livestock Market Digest

The tale of two ruses: Mexican wolves and national monuments

Wolf lies, Catron County vindicated

T

he Catron County Commission filed a complaint against the USFWS in 2013, which lay dormant until Steve Pearce regained the congressional seat. Pearce forwarded the complaint to the Dept. of Interior’s Office of Inspector General, which filed a report on July 11 of this year.

According to the OIG report, Catron County “made numerous allegations against MGWRP, particularly involving a former coordinator of the Interagency Field Team (IFT) charged with implementing the program. The county alleged that the former IFT coordinator and MGWRP had failed to properly document nuisance complaints about wolves, had not communicated effectively with county residents to address public safety concerns involving the wolves, had mismanaged livestock depredation bakercityrealty__1x2.5 4/6/15 11:45 AM Page 1 investigations and compensa-

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tion, and had destroyed a wolf DNA sample.”

And their findings? OIG report says, “Our investigation substantiated many of the allegations against the former IFT coordinator.”

In a section of the report titled Failing To Document Nuisance Complaints, the report found this to be true. The former IFT coordinator admitted that even those this data was used to make program decisions it “occasionally” went unrecorded, and she blamed that on the staff being “busy”, or the information just “slipped through the cracks”, or because of “workload demands” and “human error”.

And in a section of the report tiled Falsely Attributing Nuisance Complaints to Wolves of Lesser Genetic Value, the former IFT coordinator denied “consciously” manipulating data in favor of genetically valu-

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Journal says, “Clearly lying and manipulating scientific data aren’t firing offenses at the agency.”

So much for this administration basing all decisions on science. In fact, this is the second administration in a row which has manipulated data under the auspices of the Endangered Species Act, which just shows what a political football it has become.

Congressman Pearce has successfully amended the Interior Appropriations bill to deny any funding to the Mexican Wolf Program. That would create at least one year of rest and reflection on the program, but the media is quoting Senator Heinrich as saying he will be working with Senator Udall (who sits on the Senate Appropriations Committee) to ensure the amendment is removed from the final bill.

Will these wolves huff and puff and blow the USFWS/ESA house down? Not as long as Three Blind Mice are running it.

The monument ruse An entire week’s news cycle has been take up with Interior Secretary Jewell and her trip to Utah, what she did while there and speculation about what this all means.

A group of enviros, five native american tribes and others have requested the President designate a 1.9 million-acre swath of land in the corner of Utah as the Bears Ears National Monument. The proposal also calls for some co-manage-

ment areas to be run by the tribes. During the same week of Jewell’s visit, Congressman Rob Bishop and the rest of the Utah delegation completed three years of work and introduced the Public Lands Initiative to protect 1.4 million acres in the same area by designating them as National Conservation Areas or Special Management Areas.

During her tour of the area, Secretary Jewell said she was “shocked at the lack of protection for many of these assets”, but the Governor, the entire Utah delegation and many local entities oppose the monument, and instead support the Public Lands Initiative.

After reviewing all this and the public hearings held by Secretary Jewell, I have the following takeaways: • One mayor is quoted as saying a new President could “rescind” the monument designation. That is incorrect. A 1938 AG’s Opinion says that while the Antiquities Act grants the President the authority to “proclaim” a national monument, nothing within the Act grants the authority to revoke or eliminate a monument.

• How ironic is it that the Salt Lake Tribune feels the Public Lands Initiative fails because it was so influenced by locally elected officials.

• Utah’s Governor says there is still time for a legislative fix.

He’s right, but Senate Democrats and Obama would have to get on board, and that is highly continued on page nine

Real Estate Guide HeAdquArters West Ltd.

Bottari Realty

able wolves. So what did she do “unconsciously”? According to the report, “… later in the interview she acknowledged that she did treat them ‘differently’from other wolves. She said that she gave genetically valuable wolves more care, allowed their nuisance behavior to continue, and provided them more opportunities to breed.”

In an editorial the Albuquerque Journal said “The U.S. Fish and Wildlife Service was mishandling a program to return the Mexican grey wolf to the area and then lying about it.”

Congressman Pearce agrees, stating “The upper level management of the Fish and Wildlife Service is tolerating a culture of lies, deception and outright manipulation of data. I think a whole overhaul is needed.”

There is nothing on their website, but the media is reporting the USFWS is acknowledging problems with senior leadership in the past but says those have been “effectively addressed.”

I say it has been mismanaged. The USFWS employee ran the program from January of 2011 until August of 2013, or for more than two and a half years. Now either leadership in the USFWS was unaware of these transgressions, which is mismanagement, or they were aware and failed to address it in a timely fashion, which is mismanagement. And the action they took, just transferring an employee who falsified government documents, is mismanagement. The Albuquerque

August 15, 2016

Fallon-Cortese Land

On the Plaza

NEW MEXICO

Donald Brown

505-507-2915 cell 505-838-0095 fax

#5 Plaza PO Box 1903 Socorro, NM 87801 www.socorroplazarealty.com dbrown@socorroplazarealty.com

Bar M Real Estate

SCOTT MCNALLY www.ranchesnm.com 575/622-5867 575/420-1237 Ranch Sales & Appraisals

521 West Second St. • Portales, NM 88130

575-226-0671 or 575-226-0672 fax

Buena Vista Realty

Qualifying Broker: A.H. (Jack) Merrick 575-760-7521 www.buenavista-nm.com

Terrell Land and Livestock Co. 575-447-6041

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RIVALE RANCH REALTY P.O. BOX 217 DES MOINES, NM 88418 Raymond Rivale, Ranch Expert

Tye Terrell, selling ranches since 1972

We know New Mexico and New Mexico needs.

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Office: 575-207-7484 Fax: 575-278-3780 Email: ranch@bacavalley.com

August 15, 2016

Livestock Market Digest

Page 9

WOLF LIES

continued from page eight

unlikely.

• There are many tools the administration could use to administratively protect these areas. The current BLM Director is quoted as saying no matter the outcome of the visit, more resources should be devoted to the effort. However, these tools require time - public input and NEPA documents which the Obama adm. doesn’t have. And besides, they aren’t as flashy as a Proclamation and won’t add to Obama’s “legacy”.

• During her confirmation hearings and at previous “visits” of this type Sally Jewell has always said there must be a “consen-

sus” in favor of a monument.

I don’t believe she even whispered consensus on this trip, and I wonder why?

• The public relations groundwork has been done to establish resources are being damaged, and all points still lead me to believe a Proclamation is forthcoming. It may not be as large as the proponents wish and probably won’t contain the same co-management language supported by the Native American proponents, but one is on the way.

• Enviros are using the race card successfully. The typical visitor to a Wilderness area,

for instance, is an upper-income white male with an advanced degree. But in the case of the Organ Mountains-Desert Peaks National Monument one of their more effective lobbying tools was the involvement of Hispanic groups and leaders, and for the Bears Ears surely the voices of the Native Americans are the most appealing. It’s amazing how the enviros have turned one of their greatest weaknesses - the lack of minorities in the movement and their low visitation rates into one of their greatest assets in placing more restrictions on federal land.

One final observation would be this National Monument thing is a ruse. The Antiquities Act became law in 1906. Since then the following laws have been enacted: Historic Sites Act of 1935, National Historic Preservation Act (NHPA) of 1966, Archeological and Historic Preservation Act (AHPA) of 1974, Archaeological Resources Protection Act (ARPA) of 1979, and the Native American Graves Repatriation Act (NAGPRA) of 1990. Review those statutes and you will see the Secretary of Interior has an abundance of authority to survey, identify, study and preserve

RIDING HERD

Missouri Land Sales

139 Acres - 7 AC stocked lake; hunting retreat. Beautiful 2 BR, 1 BA log cabin. Only 35+ miles northeast of Springfield. MLS# 60031816.

82.4 Acres M/L - Horse Lover’s Dream (joins Mark Twain National Forest). Spring fed pond stocked with bass. 4 BR, 1 BA, older home (rented), pasture (rented). 24 miles north of Mt. Grove. MLS# 60034710.

racer but wouldn’t a little chartreuse or yellow on my boots help distract people away from looking at my ugly mug? And we haven’t even begun to talk about if cowboy boots are to worn inside or outside of my pants.

I hate wearing ties the worst and I feel that choke straps should be reserved for dogs. But bolo ties are out of fashion and I look even more stupid in a wild rag.

For some reason if I wear one, instead of looking like a real cowboy, I look like

PAUL McGILLIARD

abuse when I can merely dress like a slob and just not look in any mirrors?

Of course the biggest decision of all is if I should wear Levis or Wranglers.

I’d love to be able to wear Wranglers and look like George Strait in them but you’ve heard what they say about them, that “Wrangler butts drive girl’s nuts!”

To the best of my knowledge my derriere has never driven any female to the insane asylum. wwwLeePittsbooks.com

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1301 Front Street, Dimmitt, TX 79027 Ben G. Scott – Broker Krystal M. Nelson, CO/NM Qualifying Broker 800-933-9698 day/eve. www.scottlandcompany.com • www.texascrp.com

MINE CANYON ROAD (paved) – Quay Co., NM – 1,063 ac. +/- native grass, well watered w/a good set of pens, located between Ute Lake & Hwy. 54.

TREMENDOUS OPPORTUNITY – Union Co., NM – 480 ac.+/, circle of CRP, circle of improved grass, circle ½ cultivated - ½ improved pasture, 2 irr. wells, 3 pivot sprinklers, 1500 sq. ft. home, large metal barn/shop, for storing & maintaining semi-truck tractors & trailers w/concrete floor & grease trap. Owner has moved out of state, immediate possession available!

AIRPORT DRIVE – Tucumcari, NM – Choice 160 ac. +/-, on pvmt. w/beautiful home, roping arena, steel pens & 139.5 ac. +/- of water rights.

UNION CO., NM – 2600 sq. ft. home, 4 bdrm., 2 bath, 2 living areas, located on 20 ac. +/- in Mountain View Estates, on city water.

SUPER GRAIN & CATTLE COMBINATION – Union Co., NM - well improved w/15 circles, state-of-the-art working pens, homes, barns, hwy. & all-weather road frontage, divided into 3 different farms in close proximity of each other – can divide.

OCATE MESA – 100 pristine ac. +/-, located near Black Lake on state road 120 between the villages of Ocate & Angel Fire, New Mexico, great hunting/recreation adjoining 31.249 ac. +/- may be purchased together w/this property or separately.

CAPITAN GAP 80 ACRES - NE of Capitan, NM, south of the Capitan Gap & joins the Forest w/the village of Lincoln being just a few miles away. One elk permit is allowed. Good access & electricity close. Scenic!

LOGAN, NM – Great opportunity to own a combination concrete/trucking/feed supply store located on hwy. 54 in a large ranching/farming area of demand & in close proximity to Ute lake adjacent to Logan.

30,000 HD. FEED YARD – Southeast Texas Panhandle, close to Texas & Kansas packers. Call or email for details!!!!

LINCOLN/SOCORRO., NM - 37.65 sections +/- Central NM ranch w/good, useable improvements & water, some irrigation w/2 pivot sprinklers, on pvmt. w/all-weather road, 13,322 ac.+/Deeded, 8,457 ac. +/- BLM Lease, 2,320 ac. +/- State Lease.

ARGENTINA….PLEASE CALL FOR DETAILS on 176,000 ac. +/- (WE CAN DIVIDE into much smaller tracts) of choice

some stuff-shirt member of the royal family in an ascot. Although, a wild rag would come in handy for hiding my face from public view and I could probably win an award for city beautification if I wore one regularly All these decisions and we haven’t even discussed whether to wear a wrist watch or pocket watch, a vest or a jacket, belt or suspenders, Leatherman, knife, or plain wire cutters? Stop! I’m getting a headache! Why subject myself to all this

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174 acres M/L. MAJOR PRICE REDUCTION! Now only $1200 per acre. Cattle, horses, hunting retreat. Live water year round spring-crawdad creek. 30+ ac open, more land could be opened with brush hogging. Good fencing, 2 miles from S&H fish pay fishing ponds. 8 miles east of Ava on Hwy. 76. MLS# 60029427

Ranch & Farm Real Estate

Frank DuBois was the NM Secretary of Agriculture from 1988 to 2003, is the author of a blog: The Westerner (www.thewesterner.blogspot.com) and is the founder of The DuBois Rodeo Scholarship and The DuBois Western Heritage Foundation

continued from page one

shaped, and mostly bald, head.

Footwear is my biggest fear. Do I want slip-ons or lace ups? I really like the feel of the low slung Justin Ropers but they don’t cover up my mismatched socks and are they really “cowboy”, or are they just tennis shoes masquerading as boots?

Then I have to decide if I want cow hide, bull hide, calf skin, ostrich, alligator, eel or other members of the slithery set?

And what about color? I don’t want anyone thinking I’m a hairdresser or a barrel

Scott Land co.

any site or object of archeological significance. A National Monument designation is not necessary to protect these areas, as all the agencies have to do is implement existing law.

That’s why I say the whole National Monument movement is nothing but a ruse to take more federal land out of multiple use management.

Till next time, be a nuisance to the devil and don’t forget to check that cinch.

land (beautiful land can be cleared for soybeans & corn, some cleared & seeded to improve grasses for grazing of thousands of mother cows, some still in the brush waiting to be cleared).

JUST OUT OF CLAYTON, NM - 2,685 ac. +/-, 2 homes, bunk house & roping arena, other improvements, well managed, excellent grass.

QUAY CO., NM – Box Canyon Ranch – well improved & watered, 2,400 ac. deeded, 80 ac. State Lease, excellent access from I40.

TUCUMCARI, NM AREA – 4 irr. farms totaling 1,022.22 deeded ac. +/- with 887.21 ac. +/- of Arch Hurley Water Rights (one farm w/a modern 2 bdrm. – 1 bath home, w/a metal roof, barn & shop) together with 1,063 addtl. deeded ac. +/- of native grass (good set of livestock pens & well-watered). All one-owner, all on pvmt., can be bought together or separately.

SUPER GRAIN & CATTLE COMBINATION – Union Co., NM - well improved w/15 circles, state-of-the-art working pens, homes, barns, hwy. & all-weather road frontage, divided into 3 different farms in close proximity of each other – can divide.

UNION CO., NM – at the confluence of the Pinabetes/ Tramperos Creeks, year round live water, beautiful country w/super improvements & livestock watering facilities, 4,650 deeded, 3,357 State Lease, one irr. well with ¼ mi. pivot sprinkler for supplemental feed, excellent access via pvmt. & all weather roads.

SOUTH CONCHOS RANCH – San Miguel Co., NM – 9,135 total ac.+/-, 2,106 ac. +/- “FREE USE”, 6,670 ac. +- deeded, 320 ac. +/- BLM, 40 ac. +/- State, well improved, homes, barns, pens, watered by subs & mills at shallow depth just off pvmt., on co. road.

FT. SUMNER VALLEY – beautiful home on 20 irr. ac., 3 bdrm/2 bath country home, nice combination apartment/horse barn w/2 bdrms., one bathroom/washroom & three enclosed stalls w/breezeway, currently in alfalfa, ditch irrigated.

PONTOTOC/COAL CO., OK – three good, solid ranches just out of Ada in close proximity, one to the other (one owner -779 ac. +/-, 1,370 ac. +/-, 974 ac. +/-), good, useable improvements, on pvmt. or good all-weather roads. Seller very motivated to buy or trade for ranch or farmland properties between Dallas & Houston, TX. Area!

Please view our websites for details on these properties, choice TX, NM & CO ranches (large & small), choice ranches in the high rainfall areas of OK, irr./dryland/CRP & commercial properties. We need your listings on any types of ag properties in TX., NM, OK & CO.

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10 acres w/ 5 bdrm 4 bth home, approx 40 x 100 metal barn concrete floor & wired, electric motor on 14 ft large door. 4 car detached garage, private well , septic system East of Portales, NM on pavement NM 88, nice view.

Approx. 8 acres, 3+bed/2 bath rural home. 72 x 80 enclosed barn, 40 x 75 shop bldg, workshop. Replica Settler’s shack/playhouse, chicken coop, greenhouse. 3 wells. Sprinkler system. Large family room, bedroom / library, utility room, 2 car garage. New water lines. New windows in 2014. Central air/heat. Propane wall furnace for occasional power outages. Approx. 12 miles from Melrose, NM or 3.5 miles from Floyd. Very peaceful setting!

Several parcels 10 to 40 acres close in to Portales with no improvements but on co-op water... let us know what you want and we can help locate.

Arizona Ranch For Sale Seven Lazy E Ranch 30 miles SE of Willcox.

Elevation 4300 ‘ MSL. 1335 Acres Deeded, 2197 State Lease 80 Acres BLM Lease.

3 wells, electric, gas.

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TEXAS & OKLA. FARMS & RANCHES

O’NEILL LAND, llc P.O. Box 145, Cimarron, NM 87714 • 575/376-2341 • Fax: 575/376-2347 land@swranches.com • www.swranches.com

WAGONMOUND RANCH, Mora/Harding Counties, NM. 4,927 +/- deeded acres, 1,336.80 +/- state lease acres, 2,617 +/- Kiowa National Grassland Lease Acres. 8,880.80 +/- Total Acres. Substantial holding with good mix of grazing land and broken country off rim onto Canadian River. Fenced into four main pastures with shipping and headquarter pasture and additional four pastures in the Kiowa lease. Modern well, storage tank and piped water system supplementing existing dirt tanks located on deeded. Located approximately 17 miles east of Wagon Mound on pavement then county road. Nice headquarters and good access to above rim. Wildlife include antelope and some elk. Ranch has been conservatively stocked through dry spell. $2,710,000.

MIAMI HORSE TRAINING FACILITY, Colfax County, NM. Ideal horse training facility with large 4 bedroom 3 bathroom approx. 3,593 sq-ft home, 248.32 +/- deeded acres, 208 shares of irrigation, and all the buildings and facilities you need to summer your cutting horse operation out of the heat and far enough south to have somewhat mild winters.

Approximately 6,200 ft elevation. Additional acreage available. $1,550,000.

nice sale barn, 100 hd feedlot. Last year was an exceptional growth year and this year with the lakes filling should be a good irrigation year as well. Owner financing available to qualified buyer. Significantly reduced to $550,000.

MAXWELL FARM UNIMPROVED, Colfax County, NM. 200 T all ditch +/- deeded acres,CO 170 Class A irrigation ACshares, NTR system. Water comes from Stubblefield andGLaguna Madre.

IN D N PE Needs some work. $320,000.

MIAMI 80 ACRES, Colfax County, NM. 80 +/- deeded acres, 80 water shares, expansive views, house, shop, roping arena, barns and outbuildings. Reduced to $490,000.

MAXWELL HORSE OUTFIT, Colfax County, NM 45 +/- deeded acres, 34.2 water shares, big 2-story home, big new steel horse barn, lots of pipe improvements, peaceful setting, trees.

2nd Park model home. $450,000.

MIAMI VIEW, Colfax County, NM 80 +/- deeded acres with 80 water shares, water meter, underground utilities to pad with septic installed for 3 bedroom home, all located ¼ mile off highway on fenced off dedicated easement elevated building site with large enclosed barn. Would suit a camper MAXWELL FARM IMPROVED, Colfax County, NM. 280 for the summer or building a dream home. Excellent views. +/- deeded acres, 160 Class A irrigation shares, 2 center pivots, $260,000.

• 100 acres, Kaufman County TX, Long County Rd frontage, city water, excellent grass. $3750 per acre.

• 240 acres, Recreation, hunting and fishing. Nice apartment, 25 miles from Dallas Court House. $3250 per acre.

• 270 acre, Mitchell County, Texas ranch. Investors dream; excellent cash flow.

Rock formation being crushed and sold; wind turbans, some minerals. Irrigation water developed, crop & cattle, modest improvements. Just off I-20.

Price reduced to $1.6 Million.

• 40 acre, 2 homes, nice barn, corral, 30 miles out of Dallas. $415,000.

Joe Priest Real Estate

1-800/671-4548

joepriestre.net • joepriestre@earthlink.com

Page 10

Livestock Market Digest

August 15, 2016

Animal Rights Activists Target Fairs & Livestock Shows PROGRESSIVEDAIRY.COM

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S

ummertime means fair season in ag country, and with fair season comes the familiar waves of noise, the tantalizing smell of fair food, along with the not-so-tantalizing smell of the livestock barns, and blurred crowds of people.

This fair season might include a new element that may not be so pleasant. According to Hannah Thompson, communications director of the Animal Agriculture Alliance organization, demonstrations by animal rights activists are escalating and fair exhibitors should be prepared to deal with disruptions.

Over Independence Day weekend, animal rights activists disrupted both a Dodgers baseball game in California and a Nathan’s Famous hot dog eating contest in New York. At the hot dog eating contest, protesters reportedly threw fake blood on the contestants, according to an article from the New York Daily News.

“This is definitely a new tactic that we’re seeing, but it is one that has been happening a lot in the last year or six months, being driven especially by one group called Direct Action Everywhere,” Thompson says. “They do a lot of these disruptions at public events, and it’s been everything from Bernie Sanders rallies to other political speeches and presidential candidates.” Thompson says radical animal rights groups like Direct Action Everywhere use the attention they receive from public disruptions like these to get more eyes on their message, which, for Direct Action Everywhere, includes animal liberation and giving animals the same rights as humans.

Youth organizations, rural communities being targeted “This isn’t necessarily something new, but we are seeing an increase, especially from that group, and the reason we think that fairs and festivals in more rural areas and more ag-oriented events should be concerned is that they have been targeted by these groups,” Thompson explains.

In January, animal rights activists disrupted the opening ceremony of the Pennsylvania Farm Show, where the governor was speaking.

“4-H and FFA have been targeted by these animal rights organizations, using a lot of negativity and talking about those organizations,” she adds. “The fact that those students and youth show animals and then some of those animals go on to slaughter is something that these organizations have criticized, so we think over the summer getting into fair season, that it is

something for the whole industry to be aware of and prepared for. Hopefully, it’s not something that comes up, but a little bit of preparation can help in case it does.”

Could your local fair or show be the next target?

Thompson says she expects more and more ag-related events to be targeted, especially during the fair and expo season. “You might not think that you’re the first target, but all across the country they are looking for opportunities like this at fairs and expos where there are livestock and there is an audience,” Thompson warns. “They see it as an opportunity to get their message out there. We hope that it’s not an issue and we hope it’s not something you have to deal with, but it is something to be aware of, that you could be targeted at your livestock shows and your expos.”

Thompson recommends taking a proactive approach by doing these three things: 1. Establish an action plan According to Thompson, there are ways to prepare for things like this. “The most important thing for anyone who’s involved in planning a show is to come up with a plan,” she states.

“If you were to have protesters show up, how would you handle that? Can you ask them to leave? Figure out an action plan.” She also advises connecting with local law enforcement and figuring out if there are permits required, where protesters would or would not be allowed to stand and establishing when and how to get in touch with officers should the need arise.

2. Prepare to be asked questions For parents and exhibitors, the important thing is preparing for the questions you might get. “Every industry has animal care guidelines or talking points about those, so make sure that you’re familiar with those and you can answer questions,” says Thompson. “Be prepared to use the fair as a positive experience to share information with consumers in addition to being prepared if something were to happen.”

3. Know how to handle a confrontation Thompson says it’s important to be prepared for a confrontation but always remember that, first and foremost, you are a representative of your industry. “It can be very frustrating, and you might even be tempted to lose your temper, but you always have to treat people with respect, even if they are not respecting you and your industry,” she advises. “Just ignore them the best you can, report the incident to people that are in charge and they can handle it, but don’t give in, don’t create a bigger incident by giving them the attention they’re looking for.”

Viator Joins Westway Feed Products

C

heramie Viator has joined the Westway Feed Products team as Marketing Manager. In this role she will work with the management team to implement marketing and advertising strategies. While based at the company’s headquarters in Tomball, Texas Viator will assist the Westway sales teams across the United States, Mexico and Canada.

Viator, a Louisiana native, has spent the last four years as cattle genetics, photography and marketing business owner. In this business, Viator focused on helping cattle producers find ways to implement progressive marketing strategies and build regionally adapted genetics. Pri-

or to this, she worked for Silver Spur Ranches and Camp Cooley Ranch. At these large seedstock and commercial cattle operations she coordinated and /or was involved with cattle marketing, genetic strategies, audit programs, performance programs and commercial heifer A.I. systems.

She is a Texas A&M University graduate and member of the 1992 Livestock Judging Team.

Viator also served on the National Jr. Angus and Brangus Board of Directors. Today, she remains active in judging cattle shows across the country and working with young cattle producers.

“I am excited to join the Westway team. This position allows

me to combine many years of marketing, photography, branding and agricultural industry experiences into a focused role.

Westway’s long term vision is progressive and I always like being a part of the winning team!” says Viator.

Steve Boehmer, Westway Feed Products President, commented on Viator joining the Westway team, “Cheramie brings a unique background to our company. Her passion for agriculture and understanding of multiple segments of our industry will enable her to be a true asset in our marketing efforts. We have big expectations for her and know she will be a long term positive contributor to Westway.”

August 15, 2016

Livestock Market Digest

Page 11

USDA Announces Safety Net Assistance for Milk Producers

I

May/June 2016 Average Margins Below $6

n early August Agriculture Secretary Tom Vilsack announced approximately $11.2 million in financial assistance to American dairy producers enrolled in the 2016 Margin Protection Program for Dairy (MPP-Dairy).

The payment rate for May/June 2016 will be the largest since the program began in 2014. The narrowing margin between milk prices and the cost of feed triggered the payments, as provided for by the 2014 Farm Bill.

“We understand the nation’s dairy producers are experiencing challenges due to market conditions,” said Vilsack. “MPP-Dairy payments are part of a robust, comprehensive farm safety net that help to provide dairy producing families with greater peace of mind during tough times. Dairy operations enrolled in the 2016 MPP-Dairy

program will receive approximately $11.2 million this month. I want to urge dairy producers to use this opportunity to evaluate their enrollment options for 2017, as the enrollment period is currently scheduled to end Sept. 30, 2016. By supporting a strong farm safety net, expanding credit options and growing domestic and foreign markets, USDA is committed to helping America’s dairy operations remain successful.”

Dairy producers who enrolled at the $6 through $8 margin trigger coverage level will receive payments.

MPP-Dairy payments are triggered when the national average margin (the difference between the price of milk and the cost of feed) falls below a level of coverage selected by the dairy producer, ranging from $4 to $8, for a specified consecutive two-month period. All final USDA prices for milk and feed components required

Wild Horse Advocates Pan Sterilization Plan

BY DIANNE L. STALLINGS, RUISODO NEWS

O

fficials with a group that advocates for wild horses on Bureau of Land Management ranges across the West criticized a plan by the agency to permanently sterilize a horse herd, claiming it is a path to herd extinction.

The executive director of The Cloud Foundation contended the BLM already is failing in its mission to protect wild herd, because of its “inhumane” helicopter roundups, massive removals and warehousing of America’s wild horses and burros. Now agency officials announced their intention to sterilize the Saylor Creek wild horse herd in Idaho. The BLM’s Jarbridge Resource Management Plan would “treat all wild horses surgically or chemically to eliminate reproduction capability,” according to Ginger Kathrens, executive director of TCF. “This chilling decision, if allowed to stand, will set a deadly precedent for all our wild horse and burro herds in the West,” she said in a news release from her organization. “Sterilizing a herd is the opposite of the intent of the 1971 Wild Free-Roaming Horses and Burro Act and the BLM’s long repeated mantra, ‘Healthy herds on healthy rangelands.’ How can a sterilized wildlife population be considered healthy?”

In mid-September, agency representatives said as part of its Range Management Plan, a 150-square mile area in southwestern Idaho will become a sanctuary of sorts for several hundred non-reproducing wild horses that have not been adopted.

The Saylor Creek Herd will be sterilized either chemically or physically, keeping the population between 50 to 200 horses, according to the plan manager. The process likely is years away as details are worked out, officials said.

The herd will be replenished with wild horses rounded up from Idaho and other states when resources are insufficient to support them. The agency es-

timates that more than 47,000 wild horses and burros are confined in designated corrals and pastures.

Several wild herds roam areas of Lincoln County. The state Department of Transportation installed signs warning drivers of their presence along the highway leading into the village. A local group advocates for their protection, which is managed by the New Mexico Livestock Board. Interest runs high locally about the fate of the BLM wild herds. One resident recently participated in the Extreme Mustang Makeover competition, which aims to train the wild horses in 100 days and to find them adoptive homes.

TCF, partnered with the American Wild Horse Preservation Campaign, argues that the plan violates both the National Environmental Protection Act and the WFRHBA, because it fails to analyze an alternative that restores access to the Snake River as a water source for wild horses; because it fails to adequately analyze the impacts of managing a non-reproducing herd in the Saylor Creek Herd Management Area; because it does not analyze the impacts to: the “wild” and “free roaming” nature of wild horses and other behavioral dynamics, the physical health of mares, genetic diversity and rangeland health; and because it proposed to manage a non-reproducing herd at Saylor Creek.

“The BLM has run roughshod over the wild horse and burros for over 40 years, zeroing out almost half the herds that were identified for protection in the WFRHBA,” Paula Todd King, TCF communications director, said. “Now they want to turn the Saylor Creek Herd area into a ‘sanctuary,’ more accurately described as a dumping ground for other sterilized mustangs in holding.”

Many experts conclude there are safer, reversible ways to control wild horse populations in the wild, including the prestigious National Academies of Sciences in its 2013 Report to the BLM on the management

of the Wild Horse and Burro Program, TCF officials pointed out.

“The NAS report clearly supports safe, effective and proven methods for controlling wild horse populations ‘on-therange’ like the reversible fertility vaccine PZP,” Linda Hanick, manager of TCF social media followers, said. “By implementing field sterilization of mares and stallions as a means of population control, the BLM guarantees managing wild horses and burros to extinction.”

In 1971, 339 herds were identified for protection after the passage of the WFRHB Act. Only 179 herds remain.

The vast majority of the remaining herds are managed at non-viable levels of under 150200 adult animals, according to TCF. Eighty-three percent of forage in the 179 wild horse and burro herd areas is allocated to privately-owned livestock that cost taxpayers more than $120 million a year for administration of a flawed and range damaging program, TCF officials contend..

“This is just the beginning of the end for wild horse families in the wild if we don’t say ‘no’ as loudly and collectively as we can,” Kathrens said.

Advertise to Cattleman in the Livestock Market Digest!

to determine the national average margin for May/June 2016 were released on July 29, 2016.

The national average margin for the May/June 2016 two-month consecutive period is $5.76277 per hundred weight (cwt.), resulting in the following MPP payment rates: Margin Trigger Coverage Levels Payment Rate/ cwt. $6.00 $0.23723 $6.50 $0.73723 $7.00 $1.23723 $7.50 $1.73723 $8.00 $2.23723

State specific payment amounts can be found at www. fsa.usda.gov/dairy.

“We weren’t listened to on sage-grouse policy,” Garfield County, Utah says WWW.POSTINDEPENDENT. COM

A

fter a year-long Freedom of Information Act battle with the U.S. Department of the Interior, Garfield County, Utah commissioners have successfully obtained 138 of the Interior’s emails regarding greater sage-grouse land use amendments.

In the communications, the commissioners are looking for conflicts with the National Environmental Policy Act, which requires collaboration with local governments in public land planning.

Commissioners say these land use amendments for the greater sage-grouse, which were approved last year, threaten the county’s energy development interests and apply a blanket land use policy that doesn’t fit with the county’s terrain.

“It’s been a bit of a process to work with our friends in the federal government, but we’ve gotten key information back,” said Fred Jarman, deputy county manager.

In the last months of this process, what Kent Holsing-

er, the commissioners’ attorney, called the “11th hour,” came some dramatic changes to those amendments.

Commissioner Tom Jankovsky said among the measures commissioners fear will be detrimental to energy development, one significant change was the inclusion of population “trigger points” requiring more severe conservation measures should the greater sage-grouse numbers drop to a certain point.

The emails show that in those last few months, at the same time they were making last-minute changes, the Interior Department had a series of meetings with conservation groups including the Wilderness Society and Advocates for the West, said Holsinger.

At this time the door had also closed on the county’s ability to coordinate on the lands use plan amendment, said Jarman.

Commissioner John Martin equated these findings to Garfield County’s battle with the Bureau of Land Management’s Planning 2.0, a new public lands planning continued on page twelve

Page 12

Livestock Market Digest

Baxter BLACK O N T H E E D G E O F C O M M O N S E N S E www.baxterblack.com

Branded

M

any’s the time I’ve come home with yellow paint on my coveralls. Caterpillar yellow. Spot it a mile away! We used it to mark our cull cows. Two paint brands we’d borrowed from the sheepherders were dipped in the paint can and daubed on the cow’s rump according to their condition. O for old or

open. P for old and pregnant.

So marked, we could sort ‘em off the good bred keepers if they got mixed. The yellow stayed for quite a while. Well, you’ve seen how long it lasts on a road grader.

I’m wandering if that same idea might be applied beyond the world of cow workin’. Not to the point that the Middle

East folks do, cutting off the hand of a thief, but just a judicious use of yellow paint.

For instance, how ‘bout an H for horse people. It wouldn’t be used on those people who enjoy horses but are capable of a normal conversation. But the H would be reserved for those die hards who cannot talk for ten minutes without mentioning a horse.

I’d suggest a G could be used on golf fanatics. Sort of a warning for the unsuspecting stranger who can’t tell a 4 wood from a sand rake!

B for broker. He’d be required to divulge his yellow mark at the beginning of his phone call. “Hi, Baxter, this is Bruce! How’s the family? I saw your name in the paper, wanna get rich? Oh, I’m required by law to tell you that I

August 15, 2016

have a yellow B on the back of my jacket!”

C for candidate. Although they are easy to spot with the outstretched hand and election button proclaiming their political allegiance, a big yellow C would forearm the potential voter.

L for registered livestock breeders.

J for sale barn junkies and gypo cow traders.

A for lawyers. When seen in combination with a C, the public would be able to forgive their insufferable behavior and accept them with the same half-hearted pity one feels for a drunk who has wet his pants!

N on the grill and back window of a driver with no insurance.

CP for cowboy poets who

will numb you for hours with their latest rhymes!

X for reporters who cross their fingers when they promise “of course, it’s off the record!”

F for feed salesmen with secret ingredients.

NPK for fertilizer peddlers.

T for any person, man, woman or child selling raffle tickets, girl scout cookies or candy bars for the school band!

S for sources. As in “A source in the White House revealed today...”

Ah, well, I guess yellow paint usually needs a minute to lull the victim into trusting them. After all, if the fish knew that the worm was actually a hook, how would a lunatic columnist ever catch any fish! www.baxterblack.com

Kerry: Air Conditioners as Big a Threat as ISIS

BY ALYSSA CANOBBIO / FOX NEWS.COM

U

.S. Secretary of State John Kerry said in Vienna in mid July that air conditioners and refrigerators are as big of a threat to life as the threat of terrorism posed by groups like the Islamic State.

The Washington Examiner reported that Kerry was in Vienna to amend the 1987 Montreal Protocol that would phase out hydrofluorocarbons, or HFCs, from basic household and commercial appliances like air conditioners, refrigerators, and inhalers.

“As we were working together on the challenge of [ISIS] and terrorism,” Kerry said. “It’s hard for some people to grasp it, but what we–you are doing here right now is of equal importance because it has the ability to literally save life on the planet itself.”

Kerry said that most of the substances banned in the Montreal Protocol have increased the use of HFCs and claimed that the coolant was thousands of times more potent than CO2. He added that the increase of HFCs has led to the trend of global climate change.

“The use of hydrofluorocarbons is unfortunately

growing,” Kerry said. “Already, the HFCs use in refrigerators, air conditioners, and other items are emitting an entire gigaton of carbon dioxide-equivalent pollution into the atmosphere annually. Now, if that sounds like a lot, my friends, it’s because it is. It’s the equivalent to emissions from nearly 300 coal-fired power plants every single year.”

Members of the Montreal Protocol have met their obligations and have aided in the shrinking of the hole in the ozone, as well as created jobs and improved the quality of life, Kerry said.

Consumers Opting for Conventially Raised Eggs

BY MEGHAN GREBNER / BROWNFIELDAGNEWS.COM

B

rian Moscogiuri with Urner Barry says following the outbreaks of avian influenza, cage-free eggs were temporarily cheaper, but as flocks have rebounded and production has increased there

is now an over-supply of conventional eggs and consumers are taking notice. “At times eggs, a dozen large would be cheaper than 50 cents a dozen,” he says. “A good promotion, a market moving promotion is typically 99 cents a dozen or better – but we saw even more attractive ads because the

wholesale prices were so low.”

He tells Brownfield the price difference at the store is currently two to three dollars a dozen. The average price for cage-free is $4 compared to $1 for conventional eggs.

Moscogiuri says several food companies have pledged to source their eggs from cage-

free hens but are starting to worry because consumers are choosing eggs based more on price.

“In those announcements they put those caveats in there that said they would transition within the next 10 years but monitor sales and make sure that is what the consumer wants,” he says. “Maybe they’ve

SAGE-GROUSE initiative the commissioners have also critiqued for its lack of consultation with local gov-

given themselves a way out if they do see sales really transition back towards generically or conventionally raised eggs.”

He says those same companies are also nervous about the potential reaction from animal rights groups if they back away from their pledges to buy cagefree. continued from page eleven

ernments as NEPA requires.

Responding to questions from Commissioner Mike

Samson, Holsinger said these kinds of communications aren’t against any federal laws but that it’s telling that Interior was communicating with these groups so heavily while they were making last-minute decisions.

“I don’t think they listened to us as closely as they listened to them,” he said.

The commissioners initially sent a FOIA request for these emails and communications to the Department of the Interior in July 2015. Then they filed a lawsuit in federal court in August after the Interior had not fulfilled the request.

Land use amendments for the greater sage-grouse are mired in a number of problems, said Jankovsky.

Garfield County had been working for years on a localized approach, mapping that would protect the grouse habitat while allowing access to the natural resources, which these land use amendments have dis-

carded, said Jankovsky.

A broad brush approach that would close off federal land to energy development would be detrimental to the many governmental entities that rely on the tax dollars they generate.

This is all coming out of Washington, D.C., said Jankovsky.

“We weren’t listened to.

They don’t care about local governments and local economies. It’s like it was in 1776,” Jankovsky said.

Commissioners agreed to continue the FOIA lawsuit to pursue more emails from the Interior. Both parties were required to submit a status report to the court before Aug. 1.

Commissioners also agreed to make the emails available to the public, which they also assured the federal judge in their initial complaint in August. The emails have not yet been made public, and Jarman said he is still working on getting the complete set of emails.

August 15, 2016

Livestock Market Digest

Page 13

Portable Corrals Make Cattle Work Easier over panels—which makes it easier and safer,” Wilson says.

The panels can be rearranged to create multiple smaller pens, for sorting.

“This set-up was created to be easy for one person to set up, manipulating panels into any desired configuration—one big pen, two, or even three or four pens for sorting. You can add equipment, or take it away, as needed,” explains Wilson.

DIAMOND W CORRALS – These systems are created by Burlington Welding LLC (Cherokee, Oklahoma).

Tish Zahnter (Marketing) says their portable working chute and alleyway and their Diamond W Corral sorting system

BY HEATHER SMITH THOMAS

I

f cattle are on large pastures, portable corrals can make management practices more feasible, according to Kip Lukasiewicz, DVM (Sandhills Cattle Consultants, Production Animal Consultation). “In my early cow-calf practice in Ainsworth, Nebraska we did a lot of preg-checking, Bangs vaccinations, etc. Our work was done out on ranches, and I got to see many portable corral systems.

Most ranchers utilized portable panels and pulled a panel carrier out to the pasture when gathering cattle,” says Dr. Kip. “Some would set up a circular pen, and sort calves back out to the pasture from that pen, and leave cows in. We’d pregcheck the cows and turn them out. That worked, but was never as efficient as 2 circular pens.

Some people set the portable corral along a pasture fence, to use for a wing to guide cattle into the corral. Actually, you can set a corral up anywhere, even in the middle of a huge pasture. It’s easy to guide cattle to a corral if you handle them properly.”

OK CORRAL – Dr. Kip helped design the OK portable corral system, now used on many ranches. Todd Perkins, General Manager of Titan West, Inc. in Kansas, the company that manufactures this system, says there are several versions.

“Today we make the OK Junior corral which holds up to 50 cows, the OK Original, which holds 80 to 100 cows, and the OK Senior, which holds 160 to 200 cows,” says Perkins. “Big is not always better, however, and a person should select the size that best fits their needs. The larger corrals take more labor to set up. The OK Original is still the most popular. One person can set it up in 10 minutes, and 2 people can do it in 5 minutes.

You don’t have to unhook from your pickup unless you want to.

continued on page fifteen

Size comparisons for the various OK corrals You just pull into the pasture, swing open the gate system to create the corral and are ready to gather cattle,” says Perkins.

“About 3 years ago we came out with an extension to this system called the Corral Buddy. It can make any OK corral larger, or can be a small portable corral all by itself” he explains.

“The OK corral creates 2 pens of equal size. You can sort cattle from one pen to the other. It has a load-out area where you can load a stock trailer or semi, or put cattle into a working chute or a portable tub. The OK Original and the Senior both have a compartment right behind the gooseneck stem, like a trailer, and you can haul a sick animal, saddle horse or 4-wheeler in that compartment,” Perkins says.

“If you are always gathering

Super Large Rawhide portable corral with multiple sorting pens

OK Corral setup still hooked to a pickup

160 to 200 cattle, the Senior size is the way to go. But you can take the Original Corral and use two 12-foot panels to make it 50 percent bigger. If there’s only one time of year that you need to be able to handle 150 head, you are better off to select the Original and take a couple extra portable panels on the day you’d gather that many cattle,” he explains.

“We also build permanent corral systems, like we did for the University Research Ranch near Salmon, Idaho. But a rancher could get a lot of money tied up in that kind of system, and if a person needs to be able to work cattle in multiple locations, why not buy a portable system and take it to all those locations.”

RAWHIDE PORTABLE CORRAL – Cassey Wilson (Marketing) says John McDonald developed the Rawhide system after working with cattle and rodeo livestock. He formed his company in Abilene, Kansas 13 years ago to create an easier way to put up corrals than haul panels around—after back surgery (and his children going off to college) left him trying to do cattle work by himself and without the strength he once had. He thought panels on wheels would be a lot easier to move around than trying to carry them. Today, John and his wife Mary run this family business with help from

their children.

He created a new design in 2010, the Rawhide Processor.

“This one is different from his first design,” says Wilson. “It is a gooseneck hitch system with permanent transport wheels, and a permanent sheeted working alley,” she says.

The Rawhide Processor comes in 3 sizes: standard, large and super large.

“The Standard model is great for small herds, with a 40 to 50 cow/calf capacity. The Large Processor is the most popular; this corral system holds 80 to 100 cow/calf pairs. The Super Large system holds 140 cow/calf pairs,” says Wilson.

The newer design is versatile and easy to use. “The adjustable alley can accommodate whatever size cattle are being worked— it is adjustable from 30 inches wide down to 16 inches—and you can make this adjustment manually or hydraulically. A head gate can be mounted on the end of the alley, for on-site processing. Another option is a self-contained loading chute.”

All gates are wide enough to drive a pickup truck through the corral and out the opposite end, if you want to lure cattle into a corral with feed. “There are also ‘man-pass’ gates installed in four of the panels. These allow people to go into and out of the corrals without having to climb

Rawhide portable corral with chute

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September 16th, 2015, Oakdale, CA September September14th, 16th, 2016, 2015, Oakdale, CA

Page 14

Livestock Market Digest

By JIM OLSON

Lee Caldwell Bronc Riding Legend

I

n 1909, a seventeen-year-old Oregonian named Lee Caldwell won the bronc riding contest held in conjunction with a baseball game and fourth of July celebration in Pendleton. A year later, the official Pendleton Round-Up was born. Caldwell participated in, and won or placed in the bronc riding event at Pendleton for many years thereafter.

The day before the semifinals in 1920, Lee broke his arm.

The doctor offered an injection for the pain, but Caldwell refused, saying, “The pain makes me dad-burned mad!”

It put him in a frame of mind to “pour it to one!”

Lee Caldwell was born near Joseph, Oregon in 1892. His father was a farmer and rancher on the Umatilla Reservation under a lease agreement with the tribe. Lee was raised there alongside the Indian children.

He rode many outlaw horses during his formative years on the reservation.

Rodeo historian, Willard Porter, wrote, “Caldwell has been described as being quiet, personable and unassuming.

He was well liked and his astonishing ability to ride broncs was known everywhere in the West where they snubbed down salty stock for salty cowboys.”

In his memoirs, the great Yakima Canutt wrote, “Lee Caldwell was one of the finest contestants of early-day rodeo.”

During the teens, Lee Caldwell participated in rodeos and Wild West shows all over the United States and Canada.

Although there were no official “World Champions” back

then, he did indeed win several rodeos where they claimed their winners were the “World Champion.” He was definitely known as one the guys you had to beat if you wanted a to win a check riding broncs.

Lee was one of the first guys to keep a book on bucking horses. Many times a contestant would draw a horse they did not know and ask Lee about him. He would pull out his little book, flip through the pages and give a detailed report on the bronc.

When the call of duty came during World War I, Lee signed up with a group of Oregon volunteers (mostly cowboys) to join the cavalry. On May 29, 1917 the East Oregonian News Paper announced, “Lee Caldwell, champion of champion bronco busters, will lead Pendleton’s rough riding troop of cavalry. He was the unanimous choice of his mates to Captain Troop D.” George Fletcher, a fellow bronc rider and friend of Caldwell’s, trained with the other cowboys hoping to join the fight in Europe. It just so happened, that since Fletcher was black, the Army turned him down when he applied to become a member of Troop D. Lee Caldwell however, stood up for his friend, saying, “He can ride as good as any of us here. We want him in Troop D.” When told that the Army was segregated, he continued, “You’re telling me, on account of the color of his skin, the government don’t want him to fight?” It was a loosing battle with the Army Brass and George Fletcher wound up being drafted into a “colored”

unit later.

After the Armistice, being wounded by shrapnel and exposed to poisonous gas during battle (he never breathed quite right the rest of his life), Captain Lee Caldwell was discharged from the Army on July 29, 1919. He returned to his home in Pendleton a war hero.

In 1969, Lee was inducted into the Pendleton Roundup Hall of Fame (during its inaugural year). In 1966 he was a National Cowboy and Western Heritage Museum, Rodeo Hall of Fame Inductee. The Ellensburg Daily Record wrote this about the event, “Caldwell was the acknowledged leading saddle bronc rider or his day.

From 1914 through the early 20s, an era when no national champions were named, he won laurels at every major riding contest in the Western United States and Canada.

During WWI he Captained a company of the famed Rainbow Division. After retiring from rodeo, Caldwell became a thoroughbred trainer on West Coast tracks.”

Once he returned from the war, he never quite had the same success winning rodeos as before. Many claim it was because it was now so hard for him to catch his breath. Sometime in the early 1920s, Caldwell retired from rodeo and moved to California where he had some success as a race horse trainer.

Lee Caldwell, one of the great early-day bronc riders from the formative days of rodeo, died at his home in Stockton, California in 1952 at a young, sixty years of age.

August 15, 2016

Western Stock Show Association Announces New Member to Board of Directors

T

he board of the Western Stock Show Association has announced the addition of Brooke Fox to the association’s board of directors.

Brooke Fox is a third generation Coloradoan and currently works as the President and CEO of the Colorado Agricultural Leadership Foundation (CALF). The CALF is a non-profit which provides educational opportunities for youth and adults alike to connect with agriculture through educational programs, community projects, and special events leading agriculture organizations. Prior to this, Brooke served as a Natural Resource consultant and negotiator on open space, endangered species, land management and other issues for the Chatfield Basin Conservation Network, local governments, and land management entities. Brooke was the first Director of Douglas County’s Division of Open Space and Natural Resources.

“We are honored to add Brooke as a new member of our board of directors.” said Western Stock Show Association, Chairman of the Board, Pat Grant. “Brooke embodies the agricultural and educational mission of the National Western. Her passion for community and western traditions will strengthen our focus for the future”, said Grant.

Growing up on a cattle ranch near Larkspur, Colorado, Brooke became an active member of 4-H, Junior Colorado Cattlemen’s Association and U.S. Pony Club. After receiving a Bachelor of Arts degree in Political Economics from The Colorado College, Brooke moved to Washington, D.C. where she received a Master of Arts degree in Environment and Resource Policy from George Washington University, and worked as

natural resource and legislative assistant for the law firms of Beveridge and Diamond, P.C and Crowell and Moring, P.C in Washington, D.C.. Upon returning to Colorado in 1993, she worked as a field representative for a U.S. Senator. Brooke enjoys spending time with her husband, Bret, who is in the natural gas pipeline business, and chairs the Red Meat Club Committee.

They have two children. Brooke has been a WSSA member since 2004 and serves on the Citizen of the West Arrangements Committee of which she was Chair for two years.

The WSSA Board of Directors include Chairman of the Board Pat Grant, 1st Vice President Sue Anchutz-Rodgers, 2nd Vice President G.G. “Buck” Hutchison, Secretary Mark Gustafson, Treasurer Terrace Carroll and members of the board, Pete Coors, Justin Cumming, Don Elliman, Dr. Tony Frank, Doug Jones, Gail Klapper, Guy McEndaffer, Barth Whitham and President & CEO, Paul Andrews.

About the National Western Stock Show In the 111th year, the National Western Stock Show is a 501(c) (3) charitable organization that provides college and graduate level scholarships in agriculture and medicine for practice in rural areas. It is also our mission to serve producers and consumers throughout the world by being the premier Stock Show, Rodeo, Horse Show and center for year-round events.

The 16-day show also serves as an entertainment arena, hosting one of the world’s richest regular season professional rodeos, largest horse show and Colorado’s largest western trade show.

For more information, visit nationalwestern.com.

August 15, 2016

Livestock Market Digest

The View FROM THE BACK SIDE

Cowboy Girls

BY BARRY DENTON

L

ife around the ranch changes quite a bit over the years even though most of us tend to be very traditional people. Inevitably the world changes with the passing of time.

Things on ranches are much less subject to change compared to life in Los Angeles or New York City. I was talking to a fellow from Texas the other day that maintains hundreds of cattle with all terrain vehicles and never uses a horse.

Needless to say he has big pastures and a pen system setup that allows a cowman to work afoot.

He explains that it is much easier and less expensive to maintain the vehicles compared to keeping horses. The Texas rancher also stated that less employees are injured in the course of a year without horses. That may all be factual information, but I just would not know how to live if my life does not include a horse everyday. What is the point of having cattle if you can’t work them from horseback?

I am certain that when the Texas rancher is kicked back, in Galveston Bay, on his yacht he does not even think about a horse. The trouble is that if you put me on a yacht in Galveston Bay, I am always trying to figure out how to get a horse on there. Why would you leave home without a horse?

I guess I fall into that traditionalist category. However, when you hear my next big announcement you will think that I am on the cutting edge of societal evolution.

As we all know it becomes increasingly difficult to hire a good cowboy. They are almost extinct. It is a double edged sword because if you are a small outfit and do find a good cowboy then you can hardly afford to hire him.

It is not that the cowboy asks for unreasonable wages, it is that it has been years since the rancher has made good money two years in a row. Many of us have had to settle for hiring part time cowboys or cowboy drunks, or cowboys that do not speak English which makes it tough.

After being disappointed a few times I thought about finding some cowboy girls to work around the ranch. They are even more scarce than cowboys.

Times were getting desperate so I came up with the idea of starting an intern program. I mean, why not? This way the helpers could learn and get some college credits and we would get some much needed help.

For some reason, that I cannot explain our first intern came from Bavaria.

She was about 19 and ripe for adventure.

She spoke pretty good English and listened better than most American cowboys we have ever had. The only thing that was bad is that Europe is much more liberal leaning in their thinking in regard to animals and the environment.

I do understand that it is a small country and that they cram an abundance of rules into it. They would not even con-

sider having a rodeo over there. Those folks have no idea how vast the world really is until they leave home.

One of the first things I was learned was how our bits were cruel to the horses, you are not allowed to run over a Manzanita bush on your own land (no they don’t have Manzanita in Bavaria, but if they did it would be protected) and the diesel tractor we have pollutes the air too much.

Those are amazing statements coming from a snot nosed kid, but that is the hogwash they are taught over there. By the end of her stay she bought her own bridle bit to take back, she was jerking out Manzanita bushes left and right with a chain, and she loved driving and working with the tractor.

The girl from Bavaria even came back for another round the next year. She was a delightful girl that worked hard, but had to learn to do what the Romans do and actually liked it.

Toward the end of the first girl’s stay we acquired a second Bavarian girl. This gal was different from the first as every year her folks had brought her to different parts of the US for vacations.

She already knew a lot about America and liked it. Even though she was a city girl she had had horses all of her life and was a pretty good rider. She had not done many fast things on horseback so she was a little intimidated at first, but was soon working and cutting cattle like an old hand.

In Bavaria they do not let them hassle cattle on horseback. Of course, they don’t have any wild cattle over there either. She was a good rider that got even better with the speed.

Our next girl was a barrel racer out of Oklahoma. Now, this girl was great at speedy things such as roping and so on, but we had to slow her down.

We try to work our cattle real quiet and do not like to chouse them. I can understand a young girl liking speed, but when you ride with us you need to take a deep breath most of the time.

The situation will arise when you have to go out and get after it. She was good for those situations and had no fear. The Oklahoma girl adapted real well.

I learned a few things from my cowboy girls too. You can yell at them to get out of the GD gate and they listen like soldiers and never give you any flack. Because they are determined females they will try hard at any task even if they fail at it.

During branding smoke, dirt, balls, and blood does not faze them. Cowboy girls are eager to learn just about anything, one of them even got proficient at throwing the houlihan at horses.

The biggest limit I saw with them is when you are out trailing cattle you just cannot hop off your horse and relieve yourself without looking around first.

All in all we have had many more good experiences with these young girls than bad ones. The nice thing is that when you take them to town for dinner or the rodeo they smell and look twice as good as any old cowboy.

Page 15

Feeding Quality Forums set for August

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eeding cattle is dynamic. Always evolving, always adapting to weather, markets, technology, scientific studies and shifts in consumer demand.

That’s why those who drive the supply train for grain-finished beef gather each summer for a day to compare notes and update their knowledge base.

The Feeding Quality Forum (FQF) will convene August 23 in Grand Island, Neb., and August 25 in Amarillo, Texas.

Since the first forums in 2006, dual locations held two days apart provide easy travel distance for most of the Plains and Midwestern cattle feeding belt.

“Topics for the Forum target issues cattlemen are currently dealing with,” says Jill Dunkel, editor for cosponsor Feedlot magazine and head coordinator for the event. “In addition to hearing from industry experts, the meeting offers a great opportunity to visit with other cattle feeders and learn how they are addressing these issues in their own businesses.”

Past attendees agree: “This is my favorite and most informational event I attend all year,” said one, while another commented, “It was very much worth the time investment to be here. Excellent speakers and networking opportunity.”

When it’s all about a quality product and strong bottom line, the chance for cattlemen to bounce ideas off each oth-

PORTABLE CORRALS have become very popular, along with another innovation called “the Wing” that can be set up in various configurations.

“Our working chute and alleyway is 8½ feet wide in transport position, with a hydraulic lift on a gooseneck hitch.

It lifts up to 9½ feet high for working cattle. In transport position the unit has 14 inches of clearance above the ground (with a hydraulic lift on the axle to raise it up). You can also raise the wheel and tires 2 inches off the ground if you have to change a flat tire without a jack,” says Zahnter.

The lifts for the gooseneck hitch and the axle lift are powered with a 12-volt hydraulic pump with control switches— one for the hitch and one for the axle lift. “A solar panel keeps the battery charged, but there’s also a set of battery cables for backup in case the solar panel can’t keep up with usage,” she explains.

The chute itself is made by Cowco, Inc. and has a side squeeze on the head gate, with right and left side exit panels.

“There is also a palpation cage behind the chute, with a rolling tail gate behind it, creating a safe area for the person doing preg-checking. The chute and the palpation cage have rubber flooring,” says Zahnter.

The alleyway is adjustable; the left side can be moved—to adjust from 18inch width up to 36 inches. “There is a catwalk on the left side. The right side has a gate with spring-loaded latch so a person can release cattle if needed.

A flop gate in the alley allows cattle to pass forward but keeps them from backing out. The sides of the alley are sheet metal, 5 feet tall. The rear of the unit consists of two 8-foot gates (one on each side) that can swing back and

er and ask questions on current issues can be a big asset.

“It’s designed to be a one-day meeting packed with information relative to current industry issues,” Dunkel says.

The agenda for each of the sections is identical, kicking off with past favorite Dan Basse, president of AgResource Company. His unique, worldwide perspective on the grain and livestock markets and the factors affecting them has traditionally been top rated.

Other presentations by beef industry experts will include a critique and next steps for the USDA yield grading system, feeder cattle health and antibiotics, how to know when cattle are done and finally, how external influences impact the industry.

Sponsoring the event are Zoetis, Roto-mix, Feedlot magazine, Micronutrients and Certified Angus Beef (CAB).

Attendance is by advance reservation until all seats are taken, and remains at the same $50 level as in years past for all registrations by August 7. As space allows, late reservations will be accepted at $75.

Sign-in time is 9:30 a.m., and the fee includes a CAB lunch honoring 2016 FQF Industry Achievement Award winner Larry Corah. Online registration is available at www.feedingqualityforum. com , or contact Marilyn Conley at 800/225-2333 or mconley@certifiedangusbeef.com.

continued from page thirteen

tie into other corral systems,” she says.

“The 6 foot alley is 33 feet long, with 16 gates. On each end of the alley there are two sets of double 6-foot gates, and 4 sorting pens. This portable corral on wheels can be set up on any type of terrain or uneven ground, and two 10-foot gates allow you to drive though the corral to lure cattle in with a feed truck,” she says.

The “Wing” system can be extended outward, or set up as 2 pens. It has a 6 by 6-foot cage in the back with folddown floor. This can be used for carrying hay or a 4-wheeler when you go out to round up cattle. The floor ties the bottom part together for transport, and folds up out of the way (with the aid of a 1900-pound winch) when the system is set up out in the field.

MANY ADVANTAGES WITH PORTABLE CORRALS – Using portable facilities to gather and load cattle to transport from distant pastures is a great management tool. Portable facilities also create more options for cattle management, not having to bring cattle all the way home for utilizing AI, vaccinating calves ahead of weaning, utilizing two-stage weaning with nose flaps, etc.

“Even a small operation could afford these if two or three neighbors partner together,” says Dr. Kip. In many regions neighbors work together when processing cattle anyway, and they could partner on a good portable corral set-up.

Many ranchers rent pasture or lease a ranch, and don’t want to build a permanent facility on a place they may not be using a few years from now. In these situations a portable corral system is the way to go.

Page 16

Livestock Market Digest

August 15, 2016

Fifth Circuit Upholds USFWS Designation of “Uninhabitable” Critical Habitat for Endangered Dusky Gopher Frog

BY SARAH WELLS / ENDANGEREDSPECIESLAW ANDPOLICY.COM

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n a 2-1 decision, the United States Court of Appeals for the Fifth Circuit rejected challenges to the final rule designating critical habitat for the dusky gopher frog under the Endangered Species Act (ESA) and National Environmental Policy Act. Markle Interests, L.L.C. v. U.S. Fish and Wildlife Service, No. 14-31008 (5th Cir. June 30, 2016). The decision is remarkable because it upholds the determination by the U.S. Fish and Wildlife Service (FWS) to designate areas as “critical habitat” that are not currently

habitable by the frog and have not been shown likely to be habitable in the foreseeable future.

Slip Op. at 20–24. While one might presume that Congress intended the term “critical habitat” to encompass only a subset of the habitat of a species—that is, those portions of a species’ habitat that are critical to its conservation—the panel majority held that critical habitat can include areas that do not currently constitute habitat and may never be habitable.

To designate unoccupied areas, the ESA requires FWS to determine that such areas are “essential for the conservation of the species.” According to the majority, this language il-

lustrates that Congress contemplated that critical habitat can include areas occupied by the species at the time of listing, as well as areas unoccupied by the species at the time of listing. The panel majority applied Chevron deference to FWS’ interpretation of “essential,” which was considered in light of the ESA’s broad definition of “conservation” to encompass the use of all methods necessary to recover a species.

The dusky gopher frog spends most of its life underground in open-canopy pine forest habitat, migrating to isolated, ephemeral ponds to breed. The final rule designating critical habitat for the species includes

4,933 acres in four counties in Mississippi and 1,544 acres in one parish in Louisiana. Slip Op. at 4. The designated area on private property in Louisiana (critical habitat “Unit 1”) has not been occupied by the species for decades, but is located in the species’ historic range and includes ephemeral ponds, though it currently lacks the upland habitat required by the frog. Id. at 4, 23. Plaintiff landowners challenged only the designation of Unit 1 as critical habitat, and the Fifth Circuit held that the landowners did not show that FWS employed an unreasonable interpretation of the ESA in finding Unit 1 essential for the conservation of the

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frog without first establishing that Unit 1 currently supports, or in the foreseeable future will support, the conservation of the frog. Id. at 24. Further, the majority rejected plaintiffs’ claims that the broad interpretation of “essential” is unreasonable because it would place no meaningful limits on the FWS’ power to designate critical habitat.

Designation of critical habitat for the dusky gopher frog was finalized under regulations for making such critical habitat determinations that have since been revised through a 2016 rulemaking. See 81 Fed. Reg. 7414 (Feb. 11, 2016) (codified at 50 C.F.R. part 424). The 2016 regulations may have altered the panel’s analysis in certain respects, but likely would not have affected its decision to uphold the designation of areas as critical habitat that are not presently habitat for the species.

In a strongly-worded dissent accusing the majority of “reject[ing] the logical limits of the word ‘essential,’” Judge Owen concluded that FWS’ broad interpretation of “essential for the conservation of the species” unreasonably allowed FWS to impose restrictions on private land use even though: (1) the land has long been unoccupied by the species; (2) the land cannot sustain the species without substantial restoration and ongoing maintenance that FWS has no authority to effectuate on private lands; and (3) the land does not play any supporting role in sustaining current habitat of the species. Slip Op. at 42, 53, 55 (Owen, J. dissenting). Based upon a record indicating that there is no reasonable probability that Unit 1 will be altered in a way that will make it habitable— which would require removal of commercial timber operations, replanting with suitable trees, other modifications, and landowners’ cooperation in reintroduction of the species—Judge Owen reasoned that “whether there is a probability that the land will be so modified must be part of the equation of whether the area is ‘essential.’” Id. at 43, 52, 54. The dissent further cautioned that the ESA “does not permit the Government to designate an area as ‘critical habitat,’ and therefore use that designation as leverage against the landowners, based on one feature of an area when that one feature cannot support the existence of the species and significant alterations to the area as a whole would be required.” Id. While the dissent sought to retain greater meaning in the word “essential”—which serves as the primary statutory limit on the FWS’ discretion to designate unoccupied habitat—the Fifth Circuit upheld FWS’ exercise of authority to designate as critical habitat unoccupied areas on private lands that may never contain the physical or biological features required by the species.