Update from the Field: Choices Based on Lies Are Not Choices

Update from the Field: Choices Based on Lies Are Not Choices

By Stephany Seay / Buffalo Field Campaign

Featured image: A young bull buffalo walks the hills in the Gardiner Basin. Photo by Stephany Seay

Based on what we witness in the field everyday, the killing taking place near Gardiner could more accurately be described as a slaughter than a hunt. The tribal game wardens we have spoken with agree, and they recognize that Montana’s livestock interests have organized the circumstances to shift blame away from themselves to the tribes. There is obviously something terribly wrong when every last buffalo to migrate through Beattie Gulch ends up dead, or when hunters feel so desperate to kill every buffalo they see. Whether or not tribal hunters view their hunts as supporting the larger management scheme, the Interagency Bison Management Plan (IBMP) government agencies and affiliated tribal entities certainly do. There is no moral or scientific justification to the idea, perpetuated by the management agencies, of “surplus buffalo” and safeguards allowing buffalo safe passage between Yellowstone and Montana are sorely needed.

We have never and will never stand against treaty rights, but we maintain a steadfast opposition to the current management that uses hunting as a means to eradicate the buffalo. As currently practiced, the hunt is an extermination plan set up by livestock interests to ensure that buffalo never reclaim the lands that are their ancestral home and birthright. It is fundamentally wrong and immoral for hunters to be led to believe that if they don’t kill the buffalo in this way, that they will just be slaughtered anyway.

This little buffalo calf was shot in the leg by hunters at Beattie Gulch. He survived and somehow managed to run off, escaping through nearby private land; but his leg was shattered. A Montana game warden shot him to end his suffering, then with assistance from a Montana Department of Livestock stock inspector and U.S. Forest Service law enforcement officer, he was hauled out from his resting place along the Yellowstone river. As if to reward this unethical hunting behavior, the agents ended up giving him to the hunter who wounded him. Photos by Stephany Seay and Deleana Baker, respectively, Buffalo Field Campaign. 

This little buffalo calf was shot in the leg by hunters at Beattie Gulch. He survived and somehow managed to run off, escaping through nearby private land; but his leg was shattered. A Montana game warden shot him to end his suffering, then with assistance from a Montana Department of Livestock stock inspector and U.S. Forest Service law enforcement officer, he was hauled out from his resting place along the Yellowstone river. As if to reward this unethical hunting behavior, the agents ended up giving him to the hunter who wounded him. Photos by Stephany Seay (above) and Deleana Baker (below), Buffalo Field Campaign.

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So long as buffalo die, the livestock industry and the governments don’t care who does the killing or how. Contrast this to the tens of thousands of elk in the region who have been implicated in the transmission of brucellosis, and yet no one is claiming that there are “surplus” elk and no one is targeting them for transmitting disease to cattle. The welfare ranchers don’t want to lose their foothold on control of the grass, so the buffalo, whom they view as competitors, must die. Hunters are in fact serving livestock interests no matter an individual hunter’s intentions.

The buffalo death toll is quickly rising. More than fifty of the country’s last wild buffalo have been killed by hunters since we last wrote. Mid-week, over five-hundred buffalo migrated into Montana, nearly all at once, through Beattie Gulch at Yellowstone’s north boundary. Being in the midst of this ancient phenomenon is at once one of the most beautiful and most heartbreaking experiences. The migration of hundreds of buffalo is such a beautiful sight, a flow that has purpose and integrity, so simple in its power, timeless and perfect, seemingly unstoppable; but this ancient march is also heartbreaking because it leads so many buffalo straight to their deaths.

As we expected, word of this migration spread quickly, and hunters arrived en masse that night, the following day, and through the weekend. We expected a massacre, but through the course of days, the majority of the buffalo threatened to cross various lines, edging towards areas where they could be hunted, only to retreat in the nick of time. Frustrated hunters were driving all over the Basin, even through the Park, following us, glaring at us, wanting to blame us, looking for buffalo that they could kill, but finding few. Those few were gunned down rapidly at the Park boundary, in acts of haste and desperation. Many have been shot and wounded, fleeing into Yellowstone where hunters cannot pursue them, left to die slowly or walk forever with bullets in their flesh.

By Sunday, frustrated and determined to get their buffalo meat, hunters in pick-ups and on foot crowded around the park boundary, watching a family group of about thirty buffalo slowly make their way towards Beattie Gulch. The firefight that ensued that morning ended life for twenty-eight of those buffalo; the eight survivors, two of them shot and wounded, fled up the mountain and away with their lives.

Images from the slaughter at Beattie Gulch, described above. Photos by Deleana Baker, Buffalo Field Campaign.

Images from the slaughter at Beattie Gulch, described above. Photos by Deleana Baker, Buffalo Field Campaign.

Make no mistake: BFC fully supports treaty rights and tribal sovereignty, yet our first priority is to the buffalo. What is taking place here is an extermination plan, and hunters are being used. We have to work in solidarity to demonstrate this, to end livestock control, and to get the buffalo — through migration — back on the landscape, in great numbers so that the proper, respectful relationships can be restored. Buffalo will take care of the people, but the people need to take care of them first. They need our help.

This whole Plan — which treaty hunting is certainly a part of from the government’s viewpoint, and all the discussions and decisions that happen within the IBMP — is in place to harm the buffalo and to keep them from restoring themselves across the landscape. We need to put our collective energy into fighting the IBMP and the law that places the Montana Department of Livestock in charge of buffalo in Montana. We must acknowledge that wild buffalo are ecologically extinct, and the IBMP is using hunting as well as slaughter and hazing to facilitate their destruction, to prevent their restoration.

Catcher Cuts the Rope, Gros Ventre (A'aninin), looks into the formidable enclosure where quarantined Yellowstone buffalo now reside on the Ft. Belknap Indian Reservation. Photo by Stephany Seay, Buffalo Field Campaign.

Catcher Cuts the Rope, Gros Ventre (A’aninin), looks into the formidable enclosure where quarantined Yellowstone buffalo now reside on the Ft. Belknap Indian Reservation. Photo by Stephany Seay, Buffalo Field Campaign.

The same can be said of quarantine, which is a management tool for livestock, not wildlife. Again, livestock interests present “choices”: dead buffalo or buffalo behind fences. Yellowstone National Park is aiming to develop a fifty-year plan for operational quarantine, making the process of domesticating wild, migratory buffalo an entrenched aspect of bison management. To be free or caged in is not an option in the wild world, it is a human option. Quarantine is something to satisfy the human; an easy way out, a toxic mimic of true wildlife restoration.  It is a means to control what should be free. Quarantine is also part of the brucellosis lie, the premise being that bison pose a brucellosis threat, which we know to be untrue. Should elk be quarantined also? Elk have brucellosis but roam free.

The quarantine process begins with buffalo families being torn apart, adults shipped to slaughter, calves orphaned and raised in domestication. Then, those who survive the human-handling and testing of the quarantine process will live behind fences for the rest of their lives. We have seen the buffalo who suffered “living” in quarantine; they were not happy, they looked to get out of those pens. They were humiliated and afraid. Many of them have died horrible deaths because they could not escape their enclosures. Quarantine is part of the culture of death, this “civilized” system that systematically destroys life on the planet. Quarantine asks us to accept an “easy fix” that will give the human ego gratification.

Migration is free and alive; it is having the ability to make choices, being self-willed. Buffalo behind fences to be food for humans is a view that reduces them to meat. They have strong relationships with more than humans. The compromise should be in standing aside and respecting how a creature places one foot in front of the other — and we fight those things that get in the way of that. Quarantine removes the buffalo from their natural community, from life and their gift to life. Who is asking the buffalo’s perspective, asking them what they want? The buffalo will tell you that migration is they key to restoration. They know the way.

So many feel stuck in the “choices” that the government and industry have put before us.  People believe that they are doing the buffalo a “favor” by hunting them, or by supporting quarantine, because otherwise they would be captured and shipped to slaughter. They are shipped to slaughter anyway. Having to pick hunt, quarantine, or slaughter is being forced to make artificial and unnecessary choices. So long as this Plan is in place, so long as Montana is in control, so long as wild buffalo numbers are driven down to serve livestock industry politics, and so long as wild buffalo are prevented from restoring themselves on the landscape, the problems will persist. We must fight this Plan and livestock control in all it’s guises. We must demand an end to livestock control, demand that wild buffalo walk the earth, demand an end to this management scheme.

One industry’s intolerance is driving a national treasure towards the brink of extinction. We must put an end to livestock industry control over wild buffalo, and to do so we must repeal the law — MCA 81-2-120 — that places them in charge. As evidenced by his decision to grant year-round habitat on Horse Butte, Montana Governor Steve Bullock is listening, but the livestock industry is trying to undermine his citizen-supported decision. He must hear from us all, frequently. Please contact Governor Bullock today, even if you have already, thank him for granting year-round habitat on Horse Butte and urge him to help repeal MCA 81-2-120. With endless pressure, endlessly applied, we can end livestock industry control and gain more of the buffalo’s Montana home for them to roam.

Thank you so very much for being with us for wild buffalo!

U.S. Fish & Wildlife Service Denies Endangered Species Act Protection to Yellowstone Bison

U.S. Fish & Wildlife Service Denies Endangered Species Act Protection to Yellowstone Bison

Featured image: A bull buffalo lies dead, just outside Yellowstone’s north boundary.  Photo by Stephany Seay, Buffalo Field Campaign

On January 12, the U.S. Fish and Wildlife Service (USFWS) denied Endangered Species Act protection for the iconic Yellowstone Bison. The agency’s decision comes 14 months after Western Watersheds Project and Buffalo Field Campaign petitioned to list these bison as an endangered or threatened species. The groups sought federal protection for the Yellowstone bison because these unique bison herds are harmed by inadequate federal and state management and other threats. In the finding, the USFWS now agrees that the Yellowstone bison are a distinct population of bison, reversing its 2011 position.

“If buffalo are to recover as a wild species in their native ecosystem, science must prevail over politics,” said BFC Executive Director Dan Brister. “The best available science indicates a listing under the Endangered Species Act is necessary to ensure the survival of this iconic species.”

“Friends of Animals is committed to protecting the last wild bison in America. We are disappointed in USFWS’s finding and suspect that the decision was improperly influenced by the interests of private ranchers in the area. We are reviewing the agency’s decision and plan to take further legal action if necessary,” stated attorney Michael Harris of Friends of Animals Wildlife Law Program.

“We petitioned the USFWS to list the Yellowstone bison because of clear management inadequacies and growing threats to this key population of wild bison. The USFWS decision is disappointing because protection under the Endangered Species Act is the only way to counter the management inadequacies and growing threats,” stated Michael Connor of Western Watersheds Project.

The groups’ petition catalogues the many threats that Yellowstone bison face. Specific threats include: extirpation from their range to facilitate livestock grazing, livestock diseases and disease management practices by the government, overutilization, trapping for slaughter, hunting, ecological and genomic extinction due to inadequate management, and climate change.

Federal and state policies and management practices threaten rather than protect the Yellowstone bison and their habitat. Since 2000, more than 4,000 bison have been captured from their native habitat in Yellowstone National Park and slaughtered. The Forest Service issues livestock grazing permits in bison habitat. The states of Montana, Idaho, and Wyoming forcefully remove or kill bison migrating beyond the National Park borders.

Once numbering tens of millions, there were fewer than 25 wild bison remaining in the remote interior of Pelican Valley in Yellowstone National Park at the turn of the 20th Century. The 1894 Lacey Act, the first federal law specifically safeguarding bison, prevented the extinction of these few survivors.

The agency’s justification can be found online at:
http://buffalofieldcampaign.org/ESA_90_Day_Finding.pdf

The petition to list Yellowstone bison is available online at http://www.buffalofieldcampaign.org/ESAPetition20141113.pdf

Visit Buffalo Field Campaign for field updates

The Ugly Underbelly of Corporations’ Pursuit of a Coal Terminal

The Ugly Underbelly of Corporations’ Pursuit of a Coal Terminal

Featured image: September 21, 2012: Members of the Lummi Nation protest the proposed coal export terminal at Cherry Point by burning a large check stamped “Non-Negotiable.” The tribe says they want to protect the natural and cultural heritage of the site.  Photo by Indian Country Today Media Network.

By Sandy Robson / Coal Stop

The Lynden Tribune newspaper made the decision to publish a December 23, 2015 opinion piece submitted by Chair John Huntley and President Brad Owens of the Northwest Jobs Alliance (NWJA). The NWJA advocates for the proposed Gateway Pacific Terminal (GPT) project. Their op-ed leveled unsubstantiated, defamatory allegations at unnamed “leadership” of the Lummi Nation, a self-governing Indian Nation, and those allegations could easily be perceived as having been leveled at Lummi Nation as a whole.

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Canoe and murals in the Lummi Administrative Building

The Lummi, a Coast Salish people, are the original inhabitants of Washington state’s northernmost coast and southern British Columbia. The Lummi Reservation is located in western Whatcom County, and it is governed by the Lummi Indian Business Council (LIBC), an eleven member tribal council.

lynden tribune nwja op ed onlineNWJA’s December 23, 2015 Lynden Tribune op-ed claimed that “the current leadership of the Lummi Nation has embarked upon a campaign against the working families of Whatcom County.” In an attempt to support that inflammatory claim, NWJA pointed to a December 10, 2015 letter from Kirk Vinish of the Lummi Nation’s Planning Department. However, a review of that 2-page letter produced no evidence to support such a claim.

In contrast, NWJA has left a trail of evidence demonstrating its continued pattern of negative messaging to raise resentment about, and discredit, the Lummi Nation’s opposition to GPT by sending accusatory letters  to the Army Corps and Whatcom County, and by disseminating similar accusatory messaging to the public, via the NWJA email list and a press release sent to local media.

In NWJA’s opinion piece, Huntley and Owens also alleged that Lummi Nation leaders are proposing the elimination of existing Cherry Point industry jobs. They provided no evidence whatsoever to support such a claim.

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Excerpt from NWJA’s December 22 comment letter to the Whatcom County Planning Commission

As if it weren’t bad enough that NWJA submitted its defamatory op-ed for publication in a local newspaper, the Alliance launched a second strike aimed at Lummi Nation leadership the day before, by submitting a December 22 comment letter to the Whatcom County Planning Commission, on the currently ongoing Whatcom County Comprehensive Plan Update.

The comment letter was a slightly revised version of NWJA’s op-ed published in the Lynden Tribune, containing the same unsubstantiated accusations. NWJA’s inflammatory comment letter is now part of the official public comment record for the County Comprehensive Plan Update which the Whatcom County Council will review prior to voting on the final language to be included in the plan update. The fact that the Council is also one of the decision makers on permits needed by PIT for its GPT project makes NWJA’s comment letter “comprehensively” reprehensible.

GPT threatens Lummi treaty rights

GPT would be sited along the Salish Sea shoreline, at Xwe’chi’eXen, part of the Lummi Nation’s traditional fishing area. Xwe’chi’eXen is the Lummi peoples’ ancestral name for Cherry Point, an area which has a deep cultural, historic and spiritual significance to the Lummi people, as it was a village site for their ancestors for over 175 generations.

The projected coal export terminal threatens Lummi treaty rights, the salmon they depend on, their Schelangen (“Way of Life”), and the cultural integrity of Xwe’chi’eXen. LIBC Chairman Tim Ballew II sent a January 5, 2015 letter to the U.S. Army Corps of Engineers Seattle District Commander, Colonel John G. Buck, asking the agency to take immediate action to deny the GPT permit application.

In that letter, Chairman Ballew stated that the GPT project “will directly result in a substantial impairment of the treaty rights of the Lummi Nation throughout the Nation’s ‘usual and accustomed’ fishing areas.” Ballew also wrote that “The Lummi Nation is opposed to this project due to the cultural and spiritual significance of Xwe’chi’eXen, and intends to use all means necessary to protect it.” He added that the Lummi Nation has a sacred obligation to protect Xwe’chi’eXen based on that significance.

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Page excerpt from “Protecting Treaty Rights, Sacred Places, and Lifeways: Coal vs. Communites,” presented by Jewell James, Lummi Tribal Member and Head Carver, Lummi Tribe’s House of Tears Carvers

The U.S. Army Corps of Engineers (“the Corps”) is the federal agency tasked with coordinating and handling the environmental review for the GPT project, and it is legally obligated to ensure that the Lummi Nation’s treaty rights are protected, and are not violated. Currently, the Corps is in the process of making a determination as to whether impacts to any tribes’ U&A (usual and accustomed) treaty fishing rights are more than de minimis, meaning too small or trivial to warrant legal review.

article 6 of the constitution

Article VI of the U.S. Constitution which includes the clause that establishes treaties made under its authority, are the supreme law of the land

SSA Marine consultant Craig Cole, Director for NWJA

The Northwest Jobs Alliance (NWJA) was created to promote and advocate for the GPT project. For the first few years, NWJA consisted solely of a Facebook page, after that page had been created in May of 2011. NWJA’s original mission statement that had been displayed for years on its Facebook page read: “The Alliance focuses their efforts on supporting the Gateway Pacific Terminal. . .”  For almost three years, NWJA’s Facebook page showed “www.gatewaypacificterminal.com” as its website address, and the phone number displayed had been a non-working number.

Several articles appeared in Whatcom County citizen-based publications during the summer and fall of 2014, criticizing the legitimacy of the NWJA and likening it to a front group, as it did not have a working phone number or a website other than the official GPT website. Subsequently, NWJA made some changes. In fall of 2014, the NWJA added a working phone number, created a website for its online presence, and changed its listed website address on its Facebook page from “gatewaypacificterminal.com” to “NWJA.org.”

Presently, the NWJA website states the following as its mission: “The Northwest Jobs Alliance (NWJA) promotes the growth of family-wage jobs in the context of sound environmental practice.” Also, there is no mention of GPT on the NWJA website’s Home page where the organization’s mission and focus are explained. Instead the general term “Cherry Point industrial area” is used.nwja registrationOn October 23, 2014, NWJA was filed as a non-profit corporation, according to the Washington Secretary of State website. SSA Marine’s paid local consultant for the GPT project, Bellingham resident Craig Cole, is the listed Director for NWJA.

nwja leaders photosSince its inception, NWJA has had a steady turnover of co-chairs, all of whom have been very public advocates for the GPT project. Presently, Brad Owens is listed as NWJA President and John Huntley is listed as NWJA Chair. Huntley owns Mills Electric, a Bellingham electrical contracting company. Owens, a Bellingham resident, is the past President of the NW Washington Building & Construction Trades Council.

Some people confuse the “Northwest Jobs Alliance” for another similarly titled GPT advocacy organization called the “Alliance for Northwest Jobs and Exports.” It’s worthwhile to distinguish between the two, although promoting the GPT project has been the central intended purpose of both groups.

Cloud Peak Energy and BNSF govern Alliance for NW Jobs & Exports

The Alliance for Northwest Jobs and Exports (ANWJE) was first presented to the public as a grass-roots organization, when it was actually created in 2012, by Edelman, the world’s largest public relations firm, which was hired by SSA Marine to do public relations work for the proposed GPT project.

anwje registrationAccording to the Washington Secretary of State website, ANWJE was filed as a non-profit corporationin July 2012. The “Governing Persons” listed are Todd O’Hair and Zak Andersen. Todd O’Hair is currently Senior Manager, Government Affairs for Cloud Peak Energy Inc. which has a 49% stake in SSA Marine/PIT’s GPT project. Zak Andersen is presently Assistant Vice President, Community and Public Affairs for BNSF Railway. anwje governing personsBNSF is the applicant for GPT’s interrelated Custer Spur project and would be the railway transporting coal mined in Montana and Wyoming to GPT. ANWJE’s website describes its group as a “non-profit trade organization that supports new export projects in Oregon and Washington State…”

BNSF Railway, SSA Marine, and Cloud Peak Energy are listed on the ANWJE’s membership list, which is comprised of companies and other entities which stand to benefit financially from the coal export terminal. So, this “non-profit trade organization” was created by the public relations firm hired by the GPT applicant, and it is governed by an employee of BNSF, the applicant for the interrelated Custer Spur project, and by an employee of Cloud Peak Energy, which has a 49% stake in SSA Marine/PIT’s GPT project.

NWJA’s attempt to drive public opinion against Lummi opposition to GPT

Whatcom Tea Party board member Kris Halterman hosts a local Whatcom County KGMI talk radio show, “Saturday Morning Live” (SML). On her September 12, 2015 SML show, Halterman hosted NWJA President Brad Owens, and together, they advanced an unsubstantiated, defamatory assertion that NWJA (the entity behind the Lynden Tribune op-ed) had previously purported in its August 20, 2015 letter to the Corps—that there is “an apparent motive behind the Lummi Nation’s opposition to the Gateway Pacific Terminal project (and completion of the EIS process)not connected with treaty rights.” [italicized emphasis theirs]

Joining in those activities against Lummi opposition to GPT, was the Political Action Committee SAVEWhatcom, headed up by Halterman, whose name pops up in most everything GPT-related. The SAVEWhatcom PAC was the vehicle for Gateway Pacific coal terminal interests to fund 2013 and 2014 local Whatcom County election political campaigns with over $160,000, which, if successful, would benefit those interests.

how ironic save whatcom

February 5, 2015 post from the SAVEWhatcom Facebook page

One month after the LIBC’s January 5, 2015 letter to the Corps, Halterman’s SAVEWhatcom placed a February 5 post on its Facebook page which disparaged the Lummi Nation and its Silver Reef Casino in what appeared to be an attempt to drive public opinion against the Lummi Nation’s strong oppositional stance to GPT.

Then, in an August 12, 2015 comment letter to the Whatcom County Planning Commission, NWJA seemed to pit “working families” who were characterized in the letter as “some of the very people who patronize Lummi enterprises”— against what was described as “tribal aspirations.” Echoing that previous tack of drawing attention to the Lummi Nation’s enterprises while at the same time denigrating the Nation with groundless claims, the NWJA referenced the Lummi Nation’s Silver Reef Casino in their December 23, 2015 Lynden Tribune op-ed. That excerpt read:

“And it saddens us to observe that the current leadership of the Lummi Nation has embarked upon a campaign against the working families of Whatcom County. These are some of the very families that patronize the Silver Reef Casino and other Lummi enterprises. Some thanks.”

Those specific repeated references to the Lummi Nation’s Silver Reef Casino and enterprises by SAVEWhatcom and the SSA Marine consultant-led NWJA, could be viewed as attempts to drive public opinion against the Lummi Nation’s Silver Reef enterprises—trying to change the minds of the Silver Reef’s loyal patrons who enjoy the hotel, spa, casino, entertainment/shows, multiple restaurants, convention and event venue, and more.

NWJA omits important statistics

NWJA’s December 23 opinion piece failed to mention that the Lummi Nation’s Silver Reef Hotel Casino & Spa employs 675 people. It also failed to mention any of the significant contributions from the Lummi Nation to Whatcom County’s community at large, which certainly have a positive impact on countless families and individuals in Whatcom County. For example, LIBC Chairman Tim Ballew stated in a May 2015 piece in The Bellingham Herald, that Lummi Nation was “humbled and honored to be able to give back to the people who work so hard to make our community thrive,” when referring to its Nation’s donations of over $600,000 awarded to 43 organizations. Some of those organizations include the Bellingham Food Bank, the Whatcom Literacy Council, and Whatcom County Fire District 8, to name a few.

NWJA stated in its December 23 op-ed and its December 22 comment letter to the County Planning Commission, that “Whatcom County ranks 30th out of 39 counties for personal income growth [Bellingham Herald 11/19/15].” In reading The Bellingham Herald article cited as a source for that statistic, NWJA did not bother to inform readers that while the per capita personal income average in Whatcom County increased 3.2% from 2013 to 2014, placing it 30th out of 39 counties in the state, Whatcom County’s 2014 per capita income total ranks 16th highest out of Washington’s 39 counties.

lummi planning letter to county planning

Excerpt from December 10, 2015 comment letter submitted to Whatcom County Planning and Development by the Lummi Nation Planning Department

In its December 23 op-ed, and in its December 22 comment letter NWJA sent to the Planning Commission, Huntley and Owens referenced specific language from the December 10, 2015 comment letter from Lummi Nation’s Planning Department submitted to Whatcom County Planning and Development. The specific language was a new policy that Lummi Nation recommended be added to the County Comprehensive Plan:

“The shipment of coal, or crude oil, from any new shipping terminal or pier, or any existing terminal or pier, is prohibited.” Huntley and Owens said they were troubled by the Lummi Nation’s recommendation and wrote:

“This echoes previous requests that the Lummi have made to the County to begin phasing out the Cherry Point heavy industrial zone.” No evidence, however, was provided by the NWJA to show any previous, or even current, requests from Lummi Nation to begin phasing out the Cherry Point heavy industrial zone.

The underbelly of their reasoning

One particular statement NWJA made in its August 12, 2015 comment letter to the County Planning Commission revealed the underbelly of their reasoning:

“The Lummi occupy an important and unique role in our community, but they are just 1.5% of the County’s population.”

NWJA repeated similar statements in its August 27, 2015 email advertisement disseminated via its mailing list, and in its September 10, 2015 press release, potentially indicating to their audiences a reason to marginalize and dismiss Lummi Nation’s voice based on the Lummi’s minority population status.

Just as “Manifest Destiny” mandated that it was supposedly God’s providence that the U.S. should exercise hegemony over its neighbors—seeing North America as the new Promised Land, NWJA and the GPT corporate interests they advocate for, seem to believe that it’s their economic providence to exercise hegemony over the Lummi Nation—seeing Xwe’chi’eXen (Cherry Point) and its naturally occurring deep-water contours which allow for huge Capesize vessels stuffed with U.S. coal bound for Asia, as their new Promised Land.

The Lummi Nation, however, and countless people in the Pacific Northwest region, have a very different view of their destiny, and that view does not include the transporting, handling, and shipping of 48 million metric tons per year of coal to Asia, which is the plan for GPT.

Raising resentment of tribal treaty rights; encouraging the public and government officials to ignore tribal treaty rights; calling into question the motivation behind an Indian Nation’s exercising of its tribal treaty rights; interfering with the federal regulatory review process and the government to government relationship between a U.S. federal agency and Indian Tribes and Indian Nations; and making disparaging and unsubstantiated accusations against an Indian Nation and its leaders, are some of the various ways in which the Lummi Nation is being attacked as powerful corporations endeavor to realize their perceived manifest destinies, in pursuit of a coal export terminal at Xwe’chi’eXen.

BLM Leadership Coddles Hostile and Law Breaking Nevada Ranchers like Cliven Bundy

BLM Leadership Coddles Hostile and Law Breaking Nevada Ranchers like Cliven Bundy

By Katie Fite / WildLands Defense

This article first appeared on Counterpunch

Featured Image: Virgin River with banks trampled like a feedlot by Cliven Bundy cattle. May 2015.

In Oregon, an armed occupation of Malheur Wildlife Refuge headquarters is being led by self-proclaimed “patriots” from Nevada. They are defending a public lands ranching family’s “right” to set fires and break the law.

In Nevada, Cliven Bundy owes more than a million dollars in grazing fees. An armed confrontation broke out when BLM began to impound his trespass livestock. The government backed down. For almost two years, no action has been taken while the Bundy camp becomes ever more brazen. This past summer, when Cliven Bundy went to the Nevada legislature to support a bill to turn over federal authority of public land to the state, he was treated to a barbecue by Nevada Congressman Mark Amodei.

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Cliven Bundy is not the only Nevada Rancher being given proprietary treatment by Nevada federal land managers. Settlement deals and BLM coddling reward hostile ranchers at the expense of the public’s land.

Argenta Allotment Settlement

There has been prolonged, severe drought in Nevada. In 2014, defiant public lands ranchers resisted Battle Mountain BLM drought closures and cattle cuts in the Argenta allotment. They were emboldened by the Bundy incident. The ranchers set up a “Grass Camp,” aided by instigator Grant Gerber, across from the BLM office. They have waged an intimidation campaign against agency staff. They whined incessantly to cattle friendly Nevada politicians Amodei and Senator Heller. The Elko paper did not really report, but instead was a worshipful cheerleader against the BLM. The ranchers denied there even was a drought. At the very same time, they received lavish federal drought disaster relief payments.

The cattle damage became so severe that by late summer the local BLM finally closed the sensitive sage-grouse habitats in mountain pastures of the Shoshone Range to grazing. The ranchers and states rights politician John Carpenter appealed the protective closure. In spring 2015, an Interior Department Office of Hearings and Appeals administrative law judge finished review of a mountain of documents, and ruled in favor of the closure.

But within weeks, BLM folded. All of Argenta was again flung open to grazing. Leadership under Nevada BLM Director John Ruhs had forced a settlement deal indulging the ranchers’ every whim. Ruhs, bonded at the hip with the Cattlemen, had been “Acting” Director, and then officially became Nevada Director.

Nevada BLM Director John Ruhs

Nevada BLM Director John Ruhs

The deal was greased through by the “National Riparian Team,” composed of livestock industry sycophants from within BLM and the Forest Service, and outside cattle consultants.

The Team, while claiming to be a neutral party, immediately took the ranchers’ side – with Team members railing against perceived interference by the local BLM staff that had sought to control cattle damage to the public lands. So it’s no surprise the settlement flung open sensitive closed sage-grouse habitats to full bore grazing. Herds of several hundred cows were allowed to trample and devour “forage” across the drought-stricken public land in 2015.

The settlement put the Team in charge of a Coordinated Monitoring Group “(CMG”) dominated by ranchers and a token enviro group to take control of monitoring, to direct management actions, and run interference with the local BLM so the Argenta ranchers would not be accountable for grazing damage or trespass.

The cabal bars the public and press from observing their monitoring of grazing damage, and from their closed door discussions that dictate management. The group tells BLM what to do to keep the ranchers happy.

The result has been grazing chaos, and wanton damage of lands and waters.  Wildlands Defense (WLD) and colleagues visited Argenta to observe and document conditions. Cattle were scattered all over the allotment, and riparian areas ravaged. When we asked BLM where cows were supposed to be present, the local BLM managers did not even know. All was in the hands of the Team and CMG.

Cattle trampling dries out and destroys sage-grouse brood habitats.

Cattle trampling dries out and destroys sage-grouse brood habitats.

Scads of new cattle projects are also laid out in the settlement. A July Team memo plans new barbed wire fencing and water projects incrementally sprawled across Argenta. The Team embraces injurious grazing practices – severe cattle trampling soil disturbance and high use of native grasses. Why the projects? So ranchers don’t have to work to control their cows. This frontloads Argenta with band-aid fences around prominent degraded areas (and long term monitoring sites) close to roads, prior to any thorough Land Health assessment. There never has been any grazing study since the 1976 passage of FLPMA. The ranchers can then claim conditions within the little fenced areas are “improving,” and insulate against cattle cuts in an assessment.

Monitoring cage illustrating how severe cattle use is. Our site visits found such cages destroyed in some areas since the CMG group took over.

Monitoring cage illustrating how severe cattle use is. Our site visits found such cages destroyed in some areas since the CMG group took over.

This fall, BLM obediently issued a Decision giving the ranchers six new permanent fences, plus “temporary” water troughs and a pipeline. WLD and Wild Horse Education appealed the first battery of projects, which are terrible for wildlife. Sage-grouse and other wildlife are killed by flying into or becoming entangled with wire. The projects also shift intensive impacts onto other areas. We also challenged the Ruhs Settlement – which has altered grazing, established the exclusive closed meetings, and directed the projects. BLM claims we can’t appeal the Settlement.

Now over the holidays, BLM proposed more projects. The ranchers, through the cover of the Team and CMG, are essentially now running the public lands.

North Buffalo Settlement

Days after BLM caved in Argenta, one of the very same permittees, Filippini Ranch, rewarded BLM appeasement efforts by unleashing their cattle on the nearby North Buffalo allotment. North Buffalo, like Argenta, was closed for drought protection. It is home to a very small struggling population of sage-grouse, whose habitat is also being consumed by foreign gold mines.

BLM could not help but notice the cows turned out illegally, since the ranch owner told about the trespass to the Elko newspaper, flaunting his power. Leadership under Ruhs promptly rewarded this trespass with another Settlement deal. Just as in Argenta, a North Buffalo Settlement flung open the closed lands. BLM charged Filippini around $100 for willful trespass – a small price for being allowed access to tens of thousands of dollars worth of public lands “forage” for which the permittees pay a pittance.

Uncapped abandoned test well site in now Wilderness lands where rancher claimed water rights.

Uncapped abandoned test well site in now Wilderness lands where rancher claimed water rights.

DeLong and Humboldt County Settlement

There is yet another Settlement deal gift to a powerful rancher, this time in Winnemucca BLM lands. The powerful Delong ranching operation and Humboldt County had sued BLM over a raft of access issues primarily involving cattle water projects, many in Wilderness areas with no access roads. The projects had not been recognized by BLM when compiling project lists following the passage of the Black Rock Wilderness legislation in 2000. The lawsuit involved arcane regulations originating in the 1800s and early 1900s. BLM issued a scoping letter this fall proposing to maintain, reconstruct and access 15 cattle projects, access private inholdings, and maintain irrigation ditches – mainly in the North Jackson, South Jackson and Black Rock Wilderness in the South Jackson allotment.

BLM did not tell the public in its confusing letter that the proposal was based on yet another recent Settlement deal. We only learned of this when querying the BLM staff.

BLM field trip in area where rancher is being allowed access for cattle water project.

BLM field trip in area where rancher is being allowed access for cattle water project.

Hold Your Wild Horses

BLM leadership has knowingly looked away from a series of purposeful and blatant violations of the Code of Federal Regulations by a rancher (Borba) in the Fish Creek wild horse Herd Management Area in Battle Mountain country.

The rancher was found to be in “willful trespass,” grazing his livestock outside the boundaries of his legally authorized use for eight months. Under pressure from politicians Heller and Amodei, the BLM reduced the trespass and lowered fees.

The rancher and Eureka County also became upset over a local BLM decision to manage wild horses to incrementally reduce the population. The BLM removed over 200 wild horses, and then planned to use the PZP fertility control drug, and release horses given fertility control back to the HMA. In a stand-off reminiscent of an old western movie, the county and rancher showed up onsite and demanded the BLM not release the horses.

The BLM caved, and the horses were hauled away. After a lengthy legal battle the horses were returned to the range months later.

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The disgruntled rancher began a social media campaign to rile the public against “government abuse.” Claims were made that he was never in trespass. He videotaped himself repeatedly breaking the law, and put it on social media. The penalties for the acts committed clearly state that the permittee will face fines, possible jail time and “shall” lose the right to graze on public lands.

Ruhs met with the rancher, County and local BLM Manager Furtado at Fish Creek, and sided with cattleman over his own staff. The BLM state office has now put the brakes on the fertility control program for the Fish Creek wild horses. This winter, the permittee is grazing livestock as if nothing happened.

Is It Continued Bungling, Political Interference or Tacit Support?

Badly bungling the Bundy situation and failing to act for almost two years now, the BLM opened the floodgates of rancher defiance and Sagebrush Rebel hell. The Ruhs Settlement deals reward powerful public lands ranchers who hate the agency and the very concept of public good and public lands. Allowing violations of federal law to go unaddressed has created an environment where any concept of law appears meaningless. The Settlements in Argenta, North Buffalo, Jackson Mountain/DeLong, coupled with BLM leadership ignoring blatant Fish Creek rancher law-breaking, embolden the very parties who want to see the public lands become unmanageable by the federal government.

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Safety of BLM employees on the ground has been jeopardized. The ranchers want removed anyone who might attempt to protect the environment. Their intimidation campaign is demanding Battle Mountain District Manager Doug Furtado be fired. The local office has been rendered powerless.

Appointment of Ruhs as Nevada Director, sweetheart settlement deals and toleration of overt law-breaking all have taken place under national BLM Director Neil Kornze, a native of Elko, Nevada and son of a mining engineer.

Is this ineptitude on the part of BLM leadership, political interference, or something else? Kornze increasingly appears to be either the most bungling BLM Director ever – or a fellow traveler with the Nevada public Land Grab crowd. While we continue to see PR photos of the BLM Director on outdoor excursions, important areas of the American West are being handed over to the welfare ranchers through a policy of capitulation and appeasement – resulting in a de facto loss of federal control and stealth Land Grab.

Raven Gray: Witnessing Extinction

Raven Gray: Witnessing Extinction

By Raven Gray / Deep Green Resistance

Dec 21st, 2014. I walk to Kehoe beach with my son. A winter storm is raging from the northwest, blurring the boundary of sky and sea. We have the place to ourselves. The tide is out, but the wind carries the waves up to the high tide line. Trash is everywhere; candy wrappings, drinking straws, polystyrene balls, plastic bottle tops, bullet cases. We start to pick it up, when I realize that there are hundreds of dead birds buried in the sand, tangled up in the piles of kelp. Once I see them, I cannot look away, their bodies scattered as far as the eye can see. I start counting, but stop after a while. All of them are Cassin’s Auklets.

April 24th, 2015. I drive to Limantour Estero on a bird watching trip, with five local birders. My heart bursts to see the burnt and broken landscape, and I call out: “Look! Look how the Bishop Pines are dying! So many have died in the past year!” The conversation falls silent. The guide clears his throat, looks back at me and says he hadn’t really noticed, it all looks fine to him. He says he’s more interested in the birds. The woman next to me turns and says: “Maybe it’s their time to go. Everything dies, you know.

August 24th, 2015. I return to Kehoe Beach with my son. A strong northwesterly carries the stench of death into the dunes, attacking our nostrils long before we reach the sea. It’s unwelcoming but I want to be a witness, so we walk on. The tide is low, and as we reach the high tide line, I can see that once again, countless dead birds are buried in the sand. The wrack zone is composed entirely of white feathers stretching in both directions, as far as the eye can see. I start counting, but stop after a while. All of them are Common Murres.

September 6th, 2015. I take my son to Drake’s Beach Sand Sculpture Contest. It’s hot, in the 90s, and there are over three thousand people there. I notice a large plastic bucket in the crowd. Some people walk past and look into it, then move on. Curious, I walk over. Inside, a cormorant is lying prostrate, flapping one wing. It is being baked alive. I pick her up and wrap her in my shirt. I whisper: “It’s OK. I’ve got you now.”

I look around for a park ranger to help. The first one shrugs: “Maybe it’s their time to go. Everything dies, you know.” The second one says: “It’s illegal to touch that bird.” “Go ahead,” I say. “Arrest me.” The third one says: “Yes, the sea birds are dying. It’s part of a natural die-off. I’m sorry, but the Park’s policy is to let nature take it’s course”. I tell her that there is nothing ‘natural’ about human induced climate disruption. I tell her that acidification of the oceans, warming seas, toxic algal blooms, Fukushima radiation, plastic pollution, and collapsing marine ecosystems are all man-made disasters. I tell her that the bird in my arms is intelligent, sentient, and that she deserves to live. That she has rights too, and it is our responsibility to protect those rights. At this moment, the bird raises her head and a bright ray of light shines out through her one aquamarine eye. She looks straight at me and promptly dies in my arms. I take her to a quiet place with my son, and we sing the ancestor song. We pray our tears will guide her home. On the way back we witness another cormorant curled up on the beach. We watch in silence as she dies too.

September 29th, 2015. It’s my birthday, and I walk to Limantour beach. On the way, I notice how many more Bishop Pines have died in the past few months. The landscape is beginning to look like Mars. When I get close to the beach, I’m overcome – again – with the stench of death. I look for dead birds and find them. Feathers and bones scattered in the shifting sands. I don’t bother to count them. The ocean water is pea-green tobacco soup. It smells acrid, like sulphur. I realize this must be the “blob” – the largest toxic algal bloom ever recorded, stretching 40 miles wide, 650 feet deep, running all the way from central California up to Alaska. I wonder how many lives it has taken, how many more it will take, and whether it will be here next year, and the year after, and the year after that, until eventually the whole ocean becomes one giant toxic blob bloom, devoid of all life?

The mass die-offs happening in the Pacific Ocean are not confined to birds. Sea lions, seals, dolphins, whales, anchovies, crabs, sea otters – all are dying in unprecedented numbers. They are starving to death. They are being poisoned. They are being killed. We are in the midst of the Sixth Great Extinction, and we are the cause.

Who will stand and bear witness? Who will count the dead? Do you have the courage to turn your face towards the pain, towards the dark truth of what we are doing to this earth? Or will you turn your face away as the world burns and dies around you?