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Speak Out Against the Privatization of Wyoming’s Wildlife!

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The Wyoming Game and Fish Department is now accepting public comment on a proposed rule that would allow private businesses to “farm” wild Greater sage-grouse in captivity using wild eggs taken from nests and then to release those pen-raised birds back into the wild for a profit. This proposed rule, and the law on which it is based, undermines the long-standing principle that Wyoming’s wildlife is wild and is to be managed by the Wyoming Game and Fish Department—not private, for-profit entities. And yet, we are bound to follow the law, even as we work on efforts to repeal it. In the context of this effort, our focus must be on ensuring that the final rules adequately prevent harm to wild sage-grouse.

Your help is needed between June 14–August 23 to help ensure that the Wyoming Game and Fish Commission develops the strongest possible rule to prevent harm to Wyoming’s Greater sage-grouse.

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WHAT YOU CAN DO:

Send a comment in writing by 5 p.m. on July 25 to the following address:

Wyoming Game and Fish Department
Wildlife Division
ATTN: Regulations
3030 Energy Lane
Casper WY 82604

You can also submit a comment online using the WGFD’s website:

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IN YOUR COMMENTS, URGE THE WGFD TO:

  • Prohibit the collection of eggs in core population areas for Greater sage-grouse. As protected habitat areas, core population areas should be off limits to this for-profit experiment that is likely to have disruptive effects to wild grouse. The law that requires the Game and Fish to develop this rule, Enrolled Act 91, requires the rule to identify “areas approved for collection of eggs.” We recommend that egg collection areas identified by the rule be located outside the state’s core population areas. Known as “General Habitat Management Areas”, the millions of areas of sage-grouse habitat located outside of core habitat provide ample opportunities for sage-grouse farmers to collect eggs while at the same time protecting the most productive areas from further disturbance.
  • Cap the number of licenses issued by WGFD to three (3). The proposed rule authorizes the issuance of up to five (5) licenses for the collection of eggs, each with the ability to collect up to 250 wild eggs per year.  One of the best things the rule can do to limit the negative effects of egg collection is to place a cap the number of licenses to three (3) or fewer. This simple action—which implements an explicit requirement of Enrolled Act 91 to set the number of licenses—would significantly reduce the harmful effects by reducing the number of eggs that can be taken to no more than 750 per year.
  • Restrict the sale of eggs. Enrolled Act 91 authorizes the collection of eggs only for “the purpose of establishing a captive breeding program.” The proposed rule should be revised to absolutely prohibit the sale of greater sage-grouse eggs for any other purpose, including the sale of eggs to third party purchasers, such as egg collectors who sell and trade such things on eBay. This restriction should apply to all eggs, both viable and non-viable. The absence in the rule of a restriction on the sale of eggs for other purposes is a glaring omission that must be corrected.
  • Prohibit the privatization of knowledge. The proposed rule should be revised to specify that information and experience gained by the licensee during the term of the license is public information and as such, should not be treated as proprietary trade secrets. It’s bad enough that certain individuals in the state wish to privatize wild animals for profit, but allowing the same people to profit from the information and knowledge gained while doing so is completely unacceptable.
  • Require the licensee to pay for the costs. The WGFD is funded primarily by the sale of hunting and fishing licenses. The costs of administering this grouse farming program, from reviewing the applications, to supervising the collection of eggs, to conducting inspections of facilities, should not be passed on to hunters and anglers.  The rule should contain cost recovery provisions to ensure that the licensee, not the public, pays for the cost of the program.
  • Egg collection activities must be supervised by the WGFD. The proposed rule allows—but does not require—the WGFD to supervise the collection of eggs. Collection activities will take place in remote areas of the state where no one is watching. To ensure that all requirements are enforced, WGFD personnel need to be present to monitor egg collection activities.
  • The licensee must be held accountable for actions of his contractors. If something goes wrong during the operation, such as a violation of egg collection limits, experience tells us that the licensee will attempt to escape liability by blaming the contractor for the violation rather than accepting responsibility for the incident. If a contractor hired by the licensee violates the law, that violation should be considered a violation of the licensee.
  • Recordkeeping requirements must be strengthened. The proposed rule requires, among other things, that the licensee report eggs damaged or destroyed during the collection process, and count those eggs as part of the licensee’s maximum authorized egg collection total for the year. This provision should be revised to require reporting of all eggs damaged or destroyed at any point in the process: from collection, to transportation, to placing in the facility. For example, if a vehicle transporting eggs crashes, or if an egg incubator at a facility malfunctions, or if a holding facility burns to the ground or collapses under snow weight, any of which could result in substantial losses, those significant events should be reported and accounted for.
  • Impose penalties for non-compliance. The proposed rule states that the WGFD may suspend, revoke or not renew the certification granted to a licensee if violations occur. Yet minor game and fish violations may generate a substantial ticket or even jail time. Why should game bird farm operators be treated any differently?
  • Strengthen bad actor requirements. The proposed rule allows the WGFD to deny a licensee whose certification has been revoked for bad behavior from reapplying for a new certificate for 18 months. The rule should be strengthened to ensure that bad actors can’t simply reapply under a different corporate name. A time period greater than 18 months should also be imposed.
  • Expand restrictions on methods of the collection of eggs. The proposed rule allows the use of pointing breed dogs, but does not limit their number or the number of human handlers that may be actively searching for nests. It seems prudent to place limits on these numbers to minimize disturbance to nesting sage-grouse.
  • Limit the release of sage-grouse to non-core areas. The proposed rule allows the WGFD to “restrict areas of the state from sage grouse release to protect wild populations of sage grouse.” To protect the genetic integrity of the greater sage-grouse, we recommend that farm raised birds not be released into core population areas of the state.
  • Prohibit genetic manipulation. To protect the genetic integrity of the species, the WGFD rule should prohibit the licensee from engaging in activities that are designed to alter the natural genetic composition of sage-grouse, e.g. selective breeding for size, adaptability, survival, etc.
  • Specify the maximum number of nests and egg collection areas that may be disturbed, by each licensee and in total. Enrolled Act 91 provides that “no more than forty (40) nest sites in a single collection area may be disturbed by the game bird farm licensee in any calendar year.” But the law does not place any limit on the number of licensees who may enter each collection area or on the number of collection sites that may be utilized in any given year. This deficiency must be corrected in the proposed rule. As it stands now, because these important decisions are deferred to the Certificate of Compliance from the Department, in theory every single one of the licensees authorized by the WGFD could disturb as many as 40 nests per collection area, apparently with no limit on the number of collection areas that could be targeted. To better protect wild sage-grouse, the rule being developed by WGFD should establish firm upper limits on both the number of designated collection areas and on the number of nests that may be disturbed in each collection area by each licensee and in total.
  • Require a strong monitoring program. Because something of this scale has never been done before (as scientists and wildlife managers have long-opposed its need or efficacy for greater sage-grouse), the efforts must have a rigorous monitoring program to determine the success of the program in a statistically-valid manner.  Monitoring should be done for both the released birds and for the wild population where pen-raised sage-grouse are being released.  This is important because researchers have reported that release programs have negatively impacted wild populations by (1) decreasing breeding success of wild individuals, (2) increasing predation of the population in general, (3) spreading disease, and (4) weakening genetics of the wild population.

Thank you for your help in raising these concerns with the Wyoming Game and Fish Department. The proposed rule will eventually go before the Wyoming Game and Fish Commission for further consideration and final adoption on August 23. Also on August 23, please consider attending the Wyoming Game and Fish Commission hearing in Casper to provide your comments in person.

If you’d like to learn more about the issue, we’ve collected a few recent news headlines and reports below for further reading:

• News: Experts: Zinke’s sage grouse review plan a flop. WyoFile. June 13, 2017.
• Story and Photo Essay: Sunrise and Sage-Grouse on Sacred Ground. Medium. June 12, 2017.

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Spring and Birds Come to Wyoming

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“Just look out the window and notice what you see, notice what you hear, “ Jazmyn McDonald told me as the small grey truck bounced along the gravel road toward Lucky Pond in Lander, just a few minutes outside of town.

Jaz, a member of the Wyoming Outdoor Council, agreed to sit down with me to discuss birding in the local area and wider Wyoming now that spring seems that it has finally agreed to settle in. But instead of talking indoors, we went outside to experience birding first-hand. She said she didn’t expect we would see much, but as we pulled up to the pond, she was overjoyed with the sounds we heard through the windows.

“You hear that song?” Jaz said. “That’s the Western Meadowlark, Wyoming’s state bird. To a birder, that’s a wonderful sound to hear, that means spring has come.”

The arrival of spring in Wyoming also means the arrival of many migratory birds that had left for for the winter or for non-breeding season. By the end of May, Wyoming should have all these birds back—everything from small songbirds—think: warblers, sparrows, and swallows—to shorebirds, waterbirds, hawks, owls, and eagles, says Andrea Orabona, a non-game bird biologist with the Wyoming Game and Fish Department. Local Wyoming Game and Fish offices have pocket field guides available to the public that detail the familiar birds of Wyoming.

 

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When we reached Lucky Pond, Jaz and I quietly slipped out from the truck, trying to be as inconspicuous as possible so as not to disturb any birds. To my untrained eye, the pond appeared to be host to only a handful of brown-headed female mallards. But within a few minutes, armed with a pair of binoculars and Jaz’s enthusiastic tutelage, we were able to spot nine other species, including: Canada geese, American wigeons, sandhill cranes, a common goldeneye, Franklin’s gulls, ring-billed gulls, a northern flicker, a Say’s Phoebe, a red-winged Blackbird, and the western meadowlarks we had heard upon arrival.

“Not a bad day at all for your first time!” Jaz exclaimed as we made the final tally for the day. Both she and I were impressed by the diversity we had seen, especially for an unplanned trip to this humble little Lander pond.

Wyoming has six Audubon chapters throughout the state (in Cheyenne, Laramie, Lander, Casper, Cody, and Sheridan), in addition to a bird club in Jackson. These groups are a great way to connect to your local birding community and get resources related to the birds in your area, Jaz says. Each chapter usually hosts multiple outings throughout the spring, summer, and fall that are open to the public to join.

Mark your calendars for May 13th, the North American Migration Count, which happens each year on International Migratory Bird Day. To find out how you can participate, visit migratorybirdday.org, or contact Andrea at the Wyoming Game and Fish Department at acorabona@gmail.com.

Another event on May 13 will take place in Grand Teton National Park. Join rangers for a ranger-led bird-watching caravan to visit areas throughout the park that provide the best opportunities to find, identify, and record birds.

Jaz also plans to lead an outing in Lander, and you can contact her for more information at jzmc@wyoming.com.

From now until the end of May, the Greater sage-grouse will be performing their world famous ritual mating dance on leks throughout Wyoming.

 

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The Wyoming Outdoor Council has worked for decades with citizen conservationists, bird lovers, other conservation groups, and the state of Wyoming to protect the Greater sage-grouse and its habitat. This noble and iconic species plays a vital role in its ecosystem and, like all birds and other wildlife, is a huge contributor to our quality of life in Wyoming, and on this planet. In addition to viewing the sage-grouse’s enchanting dance, Orabona recommends a trip to the Red Desert later in the spring as a way to view the diversity of life present in Wyoming’s sagebrush habitat—what she called the “sagebrush sea.” Some of the species that live there are sagebrush sparrows, thrashers, brewer’s sparrows, and various raptors, among others.

 

Birds serve as important ecological indicators of the health of ecosystems and habitats, and are often highly sensitive to harmful events both natural and human-made, and other activities that encroach upon these systems—including climate change, habitat loss, pollution, energy development, and disease. Birds contribute to the viability of many other species through nutrient cycling, seed distribution, pest regulation, and waste decomposition (through scavenging). And let’s not forget how birds enhance and enrich our appreciation of nature when we’re out in it. The value we gain from birds warrants the continued study, conservation, and respect for these animals.

 

 

 

 

For more information about birding in the local Lander area, contact Jaz McDonald, or visit your local Audubon or Wyoming Game and Fish Department office. Audubon also has a list of Important Bird Areas (IBA) in the state.

All photos by Scott Copeland.

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Legislative Alert: Risky business and sage-grouse

A bill we’ve been monitoring in the Wyoming State Legislature—HB 271: game bird farms – greater sage-grouse—went bad last week and we need your help to stop it.

Please contact your Senator and tell them to oppose this bill. We expect this bill to be up on the floor of the Senate, so please do this soon. Check out our fact sheet for more details about this complex issue.

The original bill wasn’t so bad. It attempted to set up a licensing structure with tight controls for commercial sage-grouse farms. When it first went through the House, the bill was strengthened to assure that the Game and Fish Department could control the scope of these operations, and especially how and where sage-grouse eggs would be collected from the wild for the start of brood stock.

The bill originally set an annual limit of 250 sage-grouse eggs that could be collected by licensees.  Game and Fish officials testified that this was the biologically defensible limit that past analysis had shown was acceptable, without compromising the fate of this precarious species.

The Senate committee, however, stepped over the line and upped that amount to 1,000 sage-grouse eggs that may be collected annually by any licensee.

In the Senate committee it appeared that some Senators wanted to help an interested company get up to full-scale operation sooner. This company wants to try to farm-raise and release sage-grouse. Commercial business should not be prioritized over wildlife science.

Even the sponsors of the bill and the prospective company admit that no one knows if this is a viable commercial operation. There has never been any successful large-scale captive breeding and release of sage-grouse back into the wild. Also, simply raising more birds and releasing them will not address the real conservation needs for this species. The sage-grouse has a habitat problem, first and foremost.

The fate of Wyoming’s sage-grouse shouldn’t be jeopardized by an uncertain and, frankly, risky business. Thanks for your help as always.

 

Media Statement: U.S. Department of the Interior Announces Ambitious Conservation Plan for Greater Sage-Grouse

FOR IMMEDIATE RELEASE
May 28, 2015

Media contact:
Dan Heilig, senior conservation advocate, Wyoming Outdoor Council, (307) 332-7031 x13; dan@wyomingoutdoorcouncil.org

Sage Grouse in Front of the Sunrise
Courtesy Scott Copeland Images

 

U.S. Department of the Interior Announces Ambitious Conservation Plan for Greater Sage-Grouse

CHEYENNE — The U.S. Department of the Interior announced the release on Thursday of more than a dozen land-use plans that include tens of millions of acres of important Greater sage-grouse habitat in Wyoming and in nine other states.

Wyoming Governor Matt Mead joined Interior Department Secretary Sally Jewell and representatives from the Bureau of Land Management, the U.S. Department of Agriculture, and the US. Forest Service in Cheyenne to announce the release and to praise the conservation strategy.

“The Wyoming Outdoor Council commends the hard work and the unprecedented collaborative approach that led to this big-picture strategy for conserving greater sage-grouse,” said Dan Heilig, senior conservation advocate with the Wyoming Outdoor Council. “This species, and sage-grouse habitat in general, is in trouble and it’s going to take a historic multi-state effort to avoid an endangered species listing for sage-grouse. It’s important to remember that what was released today is only a framework for management. Its success will only be as good as its implementation and its ability to adapt and continually incorporate the latest science. Nobody knows yet if we got this right. We’ll know more when we see how the bird as a species responds to these measures.”

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Join us to watch the new episode of Nature: The Sagebrush Sea on PBS

We’re pleased to let you know about next week’s new episode of the PBS show Nature filmed primarily in Wyoming, called The Sagebrush Sea. The episode features stunning footage of North America’s sagebrush steppe and a closer look at the hardy species that call it home–with a special focus on the greater sage-grouse.

Watch from home, or come out and join us for a screening! Read on for more details.

The Sagebrush Sea

If you’ll be in Jackson, Pinedale, or Lander, come out to meet producer Marc Dantzker and cinematographer Gerrit Vyn from the Cornell Lab of Ornithology at the following screenings:

May 18 – JACKSON – Center for the Arts – 7-8:30 pm
May 19 – PINEDALE – Pinedale High School – 10:50-11:50 am
May 19 – LANDER – Lander Library – 7-8:30 pm

The episode premieres on Wyoming PBS Wednesday, May 20, at 7 p.m. The premiere will be followed by local call-in program “Wyoming Perspectives,” which will feature Marc, Gerrit and several other sage-grouse experts from around the state. Call 800-495-9788 during the program if you’d like to participate.

New Fracking Fluid Disclosure Requirements Will Benefit Wyoming

By Bruce Pendery, chief legal counsel
Bruce_sharp_web
On January 23, Wyoming’s Seventh Judicial District Court approved a settlement of our lawsuit over the disclosure of chemicals used during hydraulic fracturing. This settlement is another step in the right direction for Wyoming, as it will make it more difficult for companies to receive “trade secret” exemptions from disclosing fracking chemicals to the public.

We engaged in this lawsuit because we believe the public has the right to know which chemicals are being injected underground during fracking.

We credit the Wyoming Oil and Gas Conservation Commission and Halliburton for working cooperatively with us to improve the Commission’s disclosure policies for the benefit of Wyoming citizens. Personally, I’m confident that full transparency will ultimately win out in Wyoming because it’s the right thing to do and it’s in the best interest of both industry and the public.

The Wyoming Outdoor Council, Powder River Basin Resource Council, Earthworks, and the Center for Effective Government jointly brought the lawsuit in 2012 after the Wyoming Oil and Gas Conservation Commission agreed repeatedly, at the request of industry, not to disclose many of the constituents of fracking fluids to the public.

Wyoming became the first state in the nation in 2010 to require oil and gas companies to disclose the identities of chemicals used during fracking. Under this rule, companies are required to disclose the constituents of fracking fluids to the Oil and Gas Commission, which then, pursuant to the Wyoming Public Records Act, can be reviewed by the public.

However, the Commission had been granting a significant number of requests from industry not to disclose these constituents under claims that they were protected as “trade secrets” or “confidential commercial information.”

Initially, the district court ruled against us in 2013, so we filed an appeal with the Wyoming Supreme Court. And in March 2014, the Supreme Court issued a decision validating our claims and reversing the trial court decision. Among other things, the Supreme Court held that the Wyoming Public Records Act “creates a presumption that denial of inspection is contrary to public policy” and adopted a stringent test for what constitutes trade secrets, one that had been adopted by federal courts.

The court ruled that the exemption from public disclosure for trade secrets is narrow and the public’s right to the information is paramount, with the burden on the Wyoming Oil and Gas Conservation Commission to show that secrecy is justified.

Following lengthy and laborious negotiations over about eight months, the parties were ultimately able to reach a settlement. In addition to the Oil and Gas Commission, there was one industry intervenor involved in the negotiations and settlement, Halliburton Energy Services. Reaching this settlement required all the parties, including the Wyoming Outdoor Council, to work with each other in a cooperative manner that was oriented toward finding solutions, not perpetuating dispute.

Under the terms of the settlement agreement, companies seeking a trade secret exemption from fracking fluid constituent disclosure will have to comply with new, much more stringent requirements that we believe should allow the Oil and Gas Commission to more appropriately determine whether a trade secret exemption request is legitimate.

Please get in touch with me (bruce @ wyomingoutdoorcouncil-dot-org) if you would like to know the details of these new requirements.

This settlement will help ensure there is better accountability to the public, and better transparency in general. It will also help ensure that significant public concerns about groundwater contamination due to the use of fracking fluids and potential impacts on public health are fully considered and illuminated. And it will help prevent companies from evading disclosure requirements based on weak claims that the chemicals are so-called trade secrets. All of this is good progress.

Note: Hydraulic fracturing, or fracking, involves pumping water, sand, and chemicals at high pressures down oil and gas drill holes so as to fracture rock such as shale and tight sands and release oil and gas. Coupled with its companion technique directional drilling, fracking has been responsible for the large increase in the production of oil and gas in the United States.

You can click here to read the settlement.

Big Game Migrations and Wilderness: See Their Connection in This New Video From Wyoming Migration Initiative

Today, the Wyoming Migration Initiative has demonstrated the vital connection between healthy big game populations and protected wilderness with the release of a new short film chock-full of amazing video footage. Don’t miss it, and be sure to share it with your friends.

Wyoming Big Game Migrations and 50 Years of Wilderness combines extraordinary imagery of big game migrations and interactive mapping to demonstrate how these species and herds move between winter and summer ranges—and why their summer foraging in wilderness areas is vital for their long-term sustainability.

In Wyoming, wild places and wildlife go hand in hand—many of our species need undisturbed habitats and connected ecosystems. Our big game herds, for example, rely on migratory corridors between high mountain meadows and sagebrush basins.

What we do not always realize is that many of these herds also need designated wilderness. Throughout western Wyoming, elk, bighorn sheep, mule deer, and even pronghorn herds spend their summers feasting in landscapes that are protected under the Wilderness Act of 1964. Wilderness is necessary for the viability of these herds—a haven of sorts after they have negotiated challenges in their winter ranges and, often, in their migration corridors.

At the Wyoming Outdoor Council, we know this is especially true given the complexity of land management and puzzle-piece protections in low-elevation sagebrush country. A holistic look at landscape-level planning on public lands would not only benefit the herds but would also help protect our Wyoming values.

These migratory species are a striking reminder of the big picture of ecosystem connectivity. This big picture should inform all of the work we do as we strive to tackle the most challenging issues that cross management jurisdictions, encompass different land-use planning processes, and include multiple communities and diverse stakeholders.