15-3 Byrne Decl

8/10/2019 15-3 Byrne Decl

1/4

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

AMERICAN WILD HORSE

PRESERVATION CAMPAIGN,et al.

,

Plaintiffs,

v.

THOMAS VILSACK, Secretary,U.S. Department of Agriculture, et al.,

Defendants,

and,

CALIFORNIA CATTLEMENSASSOCIATION, CALIFORNIA FARMBUREAU FEDERATION, PUBLIC LANDSCOUNCIL, NATIONAL CATTLEMENSBEEF ASSOCIATION, MODOC COUNTY,WILLIAM FLOURNOY, CAROLYN ANDJAMES PETER CAREY, and MIKE BYRNE,

Proposed Defendant-Intervenors

Case No. 1:14-cv-485-ABJ

DECLARATION OF MIKE BYRNE

IN SUPPORT OF MOTION TO INTERVENE

BY PROPOSED DEFENDANT-INTERVENORS,

CALIFORNIA CATTLEMENS ASSOCIATION, ET AL.

I, Mike Byrne, pursuant to 28 U.S.C. 1746, do hereby declare as follows:

1. I am a rancher, livestock grazing permit holder in the Modoc National Forest, and

a private landowner with private lands near the Modoc forest and the Devils Garden Wild Horse

Territory (WHT) at issue in this case, including private property entirely surrounded by the

Modoc forest and WHT. I am a member of each of the organizations who have joined in this

Case 1:14-cv-00485-ABJ Document 15-3 Filed 09/19/14 Page 1 of 4

8/10/2019 15-3 Byrne Decl

2/4

2

motion to intervene, and have served in leadership positions including past Second Vice

President and current Chairman of the Federal Lands Committee for the California Cattlemens

Association, as well as a past regional Chair for Public Lands Council.

2.

I am over eighteen years of age and am competent to testify from my first-hand

knowledge as to the matters set forth in this Declaration.

3. I currently reside in Tulelake, California and can be reached at 8340 County Road

114, Tulelake, CA 96134. I have been engaged in cattle ranching for over 50 years in the area on

both public and private lands. My family has been grazing cattle here for five generations, since

arriving as some of the areas first emigrants in the 1860s. I currently have a grazing permit that

entitles me to graze cattle on several thousand acres of pastures on the Carr Allotment in the

Devils Garden WHT. As voluntary stewards of the land, it is in our interest to ensure the long-

term productivity and health of the public rangelands on which we depend. In addition to relying

on the natural resources of the public lands in the area to make a living, I regularly recreate in the

Modoc National Forest and take enjoyment from watching the wildlife (including bird-watching)

and plant life on these public lands.

4. The impacts caused by an increasing wild horse population in the Devils Garden

WHT have had significant effects on my ability to use the animal unit months (AUMs) I have

been permitted for livestock grazing. Two out of the last four years, I have not been able to turn

out any cattle on one of my fourteen pastures due to the high density of horses causing

deteriorated conditions in the Carr Allotment. Such impacts include overutilization of vegetation

and significant soil erosionwhich allows for invasive species to proliferateas well as the

destruction and depletion of water holes, ephemeral springs, and seeps that livestock depend on.


8/10/2019 15-3 Byrne Decl

3/4

3

5. The failure to appropriately manage wild horse populations on the adjacent WHT

has also detrimentally impacted my ability to graze cattle on my private lands. Three private

properties, totaling over 2,000 acres, are currently impacted by the presence of wild horses.

These are the Steele Swamp, PotHole Spring, and Pothole properties, which are each located

within the outer boundaries of the Carr Allotment. The wild horse impacts are primarily

concentrated on those areas where water is available. At any given time, the number of wild

horses on my private lands and the Carr Allotment average between 35-50 horses.

6. One way to measure the lost value due to these impacts is to look at the AUMs

foregone and the cost (i.e., rental value) for obtaining replacement pasture. Taking the 35-50

horses on my private and the public lands, over 12 months, those horses use between 420 AUMs

(35 x 12 = 420) and 600 AUMs (50 x 12 = 600) in a single year. With the rental value for

grazing pasture at about $35/AUM, wild horses can be estimated to account for between $14,700

and $21,000 in added costs per year.

7. Much of the WHT, including the Carr Allotment, also provides habitat for a wide

variety of wildlife and fish. As already noted, wild horse overpopulation has resulted in

overutilization of forage and proliferation of inedible invasive species; these effects deprive

wildlife of their habitat as well.

8. As I understand it, the Forest Service will not fulfill its duty to remove wild

horses from the range until the Territory Management Plan (TMP) is upheld and it receives

funding to conduct a horse gather. Removing the excess horses from the Carr Allotment and the

rest of the range will allow me to make use of my grazing rights, which date back to the 1930s,

and which are protected by federal law. Removal will also ensure that I and others who depend

on the long-term productivity of range resources and maintenance of valuable wildlife habitat


8/10/2019 15-3 Byrne Decl

4/4

4

will not be put out of business. Broadening and slightly reducing the appropriate management

level (AML) will help the Forest Service meet those goals, in conjunction with the other changes

proposed in the TMP.

9.

The TMP proposals have been rigorously evaluated with participation by a wide

variety of stakeholders. For many years I have been involved in this process, having recently

provided oral testimony at a meeting in Sacramento with the Bureau of Land Managements

Horse Advisory Committee. I will continue to be involved as the TMP changes are

implemented, as further delay in reducing wild horse population numbers to their AML will be to

my detriment.

I declare under penalty of perjury that the foregoing is true and correct. Executed on

September 4, 2014.

/s/ Mike ByrneMike Byrne


Documents

15-3 Byrne Decl