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THE DAILY ASTORIAN • WEDNESDAY, JANUARY 16, 2019
Agency built pen for possible horse slaughter
Horse advocates will object
By SCOTT SONNER
Associated Press
RENO, Nev. — The U.S. Forest Service
has built its fi rst corral for wild horses, which
could allow it to bypass federal restrictions
and sell the animals for slaughter.
The agency acknowledged in court fi lings
in a potentially precedent-setting legal bat-
tle that it built the new pen in Northern Cal-
ifornia for mustangs gathered in the fall on
national forest land along the Nevada border
because of restrictions on such sales at other
federal holding facilities.
The agency denies claims by horse advo-
cates it has made up its mind to sell the more
than 250 horses for slaughter. But it also says
it may have no choice because of the high cost
of housing the animals and continued ecolog-
ical impacts it claims overpopulated herds are
having on federal rangeland.
“While slaughtering wild horses does not
present a pleasant picture, the reality of this
dire situation is not pleasant,” Justice Depart-
ment lawyers representing the agency wrote in
its most recent fi ling last month. “The Forest
Service is taking a step to reduce what is uni-
versally recognized as a natural catastrophe.”
Horse advocates have been suing the gov-
ernment for two decades over mustang round-
ups that private ranchers say are necessary to
curb growing herds that reduce the forage on
federal lands they lease for cattle and sheep
grazing across the West. The region holds
roughly 90,000 wild horses.
A sharp reduction in demand in recent
years for a federal program that offers the
horses for adoption to the public has left lit-
tle room in existing corrals. Horse advocates
argue the mustangs are federally protected
and that taxpayers subsidize the livestock
grazing on U.S. land.
A hearing is scheduled Jan. 31 in federal
court in San Francisco on a motion fi led by
the Animal Legal Defense Fund and Amer-
ican Wild Horse Campaign seeking an
injunction to block the sale of the horses
captured in the Modoc National Forest in
October and November for possible slaugh-
ter. The new pen is in the forest, about 170
miles northwest of Reno.
Forest Service Chief Vicki Christiansen
announced late last year she would postpone
any sales for slaughter until at least Feb. 18.
The protection groups say it would be the
fi rst time in nearly a half-century the govern-
ment has sold mustangs “without limitation,”
or for any purpose, including slaughter.
Horse slaughterhouses are prohibited
in the U.S. but legal in many other coun-
tries, including Canada, Mexico and parts
of Europe where horse meat is considered a
delicacy.
The Wild Free Roaming Horse and
Burros Act that President Richard Nixon
AP Photo/Scott Sonner
Mustangs captured on federal rangeland roam a corral at the U.S. Bureau of Land Management’s holding facility north of Reno in 2013.
signed into law in 1971 prohibits the inhu-
mane destruction of wild horses. Congress
approved an appropriations amendment in
2004 that allows the Forest Service, under
its parent Agriculture Department, to sell
horses without limitations if they’re over age
10 and have been offered for adoption three
times unsuccessfully.
the BLM, which manages 385,000 square
miles of public lands in the West.
With few exceptions, lawsuits have tar-
geted the bureau because it captures the vast
majority of the horses. BLM lands hold an
estimated 83,000 wild horses, while national
forests managed by the Forest Service hold
about 8,000.
‘THE FOREST SERVICE IS TAKING A STEP
TO REDUCE WHAT IS UNIVERSALLY
RECOGNIZED AS A NATURAL CATASTROPHE.’
an excerpt from Justice Department lawyers’ most recent fi ling representing the U.S. Forest Service
But in most years since then, Congress
has specifi cally prohibited the Bureau
of Land Management, under the Interior
Department, from using any appropria-
tions for such purposes. President Donald
Trump proposed allowing such sales in his
2017 budget, but Congress refused to go
along.
The Forest Service has previously held
any horses it gathered at pens belonging to
The Forest Service gathered 932 horses
in the Modoc National Forest late last year
and shipped about 260 to the new corral,
while placing about 650 at a BLM facility in
nearby Susanville, California.
Justice Department lawyers acknowl-
edged in the December fi lings “BLM is
not permitted to humanely destroy healthy,
unadopted horses or conduct any sale that
could ultimately result in their destruction,
which includes any Forest Service horse in
BLM custody.”
“What has changed is that the Modoc
now has its own short-term holding facil-
ity ... which is not subject to congressional
restrictions,” they wrote about the corral,
which currently can hold up to 300 horses
but has room for expansion to accommodate
as many as 1,500. They said local ranch-
ers “generally support these sales” because
of the horses’ economic impact on leased
grazing land.
The attorneys also said the opponents’
assertion the horses will be slaughtered
“is only speculative, not concrete and
imminent.”
Horse advocates say the government
can’t have it both ways.
“It cannot both argue it is harmed by plain-
tiffs’ delay in bringing this action because of
all the time and resources it has expended
to allow the sale of horses without limita-
tion, yet also insist to the court that it has not
yet made any such decision,” their lawyers
wrote in early January. “In short, the record
and defendants’ own statements make clear
that the decision to sell horses without lim-
itation is fi nal and judicially reviewable.”
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