UTAH -- The BLM, under the direction of the state vet in Utah is in the early stages of bringing in over 500 wild horses to test them for EIA because 28 Native American owned horses on the Ute Reservation tested positive for EIA at the end of April. At a meeting with the Director of the BLM, Pat Shea, on April 23, the Wild Horse and Burro Freedom Alliance (WHBFA) was assured that no action would occur at the height of the foaling season, however, the BLM is still proceeding with the roundup.

Since the first 31 BLM wild horses tested negative to EIA last week, the WHBFA assumed that there would be an end to the BLM directed roundup action. On the contrary -- the BLM is still continuing with its planned roundup.

A number of humane organizations are protesting this action, including; the Animal Legal Defense Fund, the Doris Day Animal League, the Fund for Animals, etc.The WHBFA is currently preparing a court challenge to put an end to this roundup by the BLM. HorseAid is joining in this action, and has made available one of its consulting veterinarians (an acknowledged expert in EIA transmission and quarantine protocol) to be used as an "expert witness" by the WHBFA in its action against the BLM.

Since Pat Shea is from Utah (and has indicated he would like to return there after his stint as the political appointed Director of the BLM), one can only wonder how much of the current wild horse "roundup" in Utah is really political, and how much of it truly "medicinal"?

Source for the following (by e-mail) courtesy of: Toni Moore from the Colorado Wild Horses and Burro Coalition:

• No State of emergency/alert/or concern has been issued by the Utah state veterinarian concerning equine infectious anemia (EIA).

• No testing, quarantine or limiting of movement of privately owned horses has been issued for the Uintah Basin or Utah or N.W. Colorado.

• Only one "BLM" wild horse has ever tested positive for EIA in that area.

• The boundaries of the disease "outbreak" have never been identified. We know from conversations with the Assistant State Veterinarian, Earl Rodgers acknowledged that EIA was first noticed in this area for well over 20 years and crops up occasionally. (The vector is most likely the horse fly and that it only has a range of 200 yards). Dr. Ed Oscarson, longtime Utah veterinarian, states the disease is probably confined to a 10 square mile area. What/where/and when were other cases of EIA defined in this state, how were they handled--any precedents around other wild horse areas in Utah?

• BLM has no documentation to confirm that wild horse movement within these areas would place them in contact with possibly affected Ute tribal horses. (The only thing they have is one aerial flyover for March 1997).

• There has been no information forthcoming from the Ute tribe on the movement of their horses either within or out of tribal lands.

• The environmental assessment states the decision is in accordance with 43 CFR 4720.1 (from my 1991 book). This deals with excess wild horse and burros and the methods of how they may be dealt with.

• The E.A. also uses 43 CFR 4730 which deals with old, sick, and lame wild horses. Has BLM established these horses are sick? Has BLM established these horses pose a threat to themselves as stated in the law (if aerial census and data show an increase -- which I am sure they do--how can they be "sick"). It appears to me that BLM and/or Dr. Michael Marshall, Utah State Veterinarian are arbitrarily and capriciously selecting wild horses in the Uintah Basin for an experimental protocol and have no scientific method that this is for the wild horse's good or that this disease is "highly" contagious. Because they have completely avoided the privately, domesticated horses in the basin and the rest of Utah. BLM is out of compliance with the least feasible management clause of the Wild Horse and Burro Act. Since wild horses and burros are protected animals, BLM will be completely destroying bands upon roundup (conversation with Dave Howell on 5/13/98 states they will separate mares and stallions). It appears the state veterinarian has a vast amount of discretionary power since he is not asking, cautioning, or otherwise involving privately owned domestic stock to be tested. There is no livestock check point or port of entry at the N.W. Colorado and N.E. Utah border--there hasn't been for at least as long as I've lived here since 1976. There has been no effort to stop domestic horses from entering the wild horse herd use areas.

• Somehow, the Advisory Board recommendations/position should have some weight. This board was authorized under FACA--if Director Shea chooses to ignore their recommendations isn't this similar to the requirements set forth in NEPA ? Basically he must respond to their comment.

• Another thing, this EA was signed on May 8th. It was not sent out to the public. I had to ask for it then they have not sent the gather plan as I requested (only Robin Lohnes has a copy). Isn't that out of compliance with NEPA?

• They are supposed to have hearings for the use of helicopters in the gather of wild horses--no notice that I could find published in the Federal Register or notices sent to anyone.

• The rationale for decision does not state anything about wild horses only wilderness characteristics for WSA's (am checking coordinates of trap sites to see if they are located in the WSA's because we've got them to move the trap sites out of WSA's).

• I believe the regulations from the state of Utah concerning infectious diseases and the authority would be beneficial. Where is the authority lie in BLM or the Federal government. If there is an infectious disease problem with wild horses that are not to be moved out of their original herd use areas. BLM did not consult with U.S. Fish and Wildlife or at least it wasn't stated in the EA they did.

• This district planned to zero out the Bonanza horses in their 1985 RMP. I advised Mr. Howell not to revisit those plans during this little crisis. There have been removals without benefit of determining excess (we especially do not want to see AML set here but monitoring and inventorying done so we can accurately determine excess).