Western Watersheds Project MESSENGER Vol. XXVII, No. 2 Fall 2020

WWP’s Ongoing Advocacy for the Great Bears

WWP Takes on William Perry Pendley

Lawsuit Spurs Loss of Permit for Arizona Ranchers © PAT CLAYTON FISHEYEGUYPHOTOGRAPHY.COM

Working to protect and restore western watersheds and wildlife through education, public policy initiatives, and legal advocacy.

www.westernwatersheds.org ♺ Printed on 100% Post Consumer Waste ♺ Western Watersheds Project Western Watersheds Project Staff Erik Molvar ...... Executive Director Greta Anderson ...... Deputy Director MESSENGER Adam Bronstein ...... Idaho Director Talasi Brooks ...... Staff Attorney Melissa Cain ...... Bighorn Conservation Director Laura Cunningham ...... California Director Table of Contents Kelly Fuller...... Energy & Mining Campaign Director Jeremy Greenberg ...... Operations Director Jocelyn Leroux ...... Washington & Montana Director WWP’s Ongoing Advocacy for the Great 3 Josh Osher ...... Montana Director & Policy Director John Persell ...... Staff Attorney Bears Jocelyn Leroux Jonathan Ratner ...... Colorado, & Utah Director After the grizzly re-listing, WWP fights for bears Paul Ruprecht ...... Nevada & Oregon Director Dave Stricklan ...... Sagebrush Specialist on multiple fronts Cyndi Tuell...... Arizona & New Mexico Director Laura Welp ...... Ecosystems Specialist Welcome Adam Bronstein, WWP’s New 6 Idaho Director! Board of Directors George Wuerthner ...... President Mark Bailey ...... Vice President 6 Kelley Weston...... Secretary-Treasurer Spectacular Copper Basin in Idaho Needs a Dr. Bruce Hayse ...... Director New Vision Adam Bronstein Karen Klitz ...... Director Jackie Maughan...... Director Grazing permit buy-out helps lands and waters heal, Louise Wagenknecht ...... Director but our efforts continue Advisory Board Dr. John Carter Dr. Elizabeth Painter Meet Dave Stricklan, New Sagebrush Specialist 7 Debra Donahue Dr. Tom Pringle Louise Lasley Todd Shuman and Allotment Buyout Coordinator Jon Marvel Clait Braun Receives the 2020 Sagebrush 10 Western Watersheds Project State and Regional Offices Sentinel Award Main Office ...... P.O. Box 1770 • Hailey, ID 83333 (208) 788-2290 • [email protected] Senior Colorado sage grouse scientist has been a Executive Director • [email protected] powerful advocate

Boise ...... P.O. Box 2863 • Boise, ID 83701 (208) 429-1679 • [email protected] WWP Takes on William Perry Pendley 11 Erik Molvar Arizona ...... 738 N. 5th Avenue, Suite 200 • Tucson, AZ 85705 (520) 623-1878 • [email protected] Rogue BLM Director’s Decisions Clouded by Legal Controversy California...... P.O. Box 70 • Beatty, NV 89003 (775) 513-1280 • [email protected] Steve Herman in Memoriam (1936-2020) 13

Wyoming, UT & CO ...... P.O. Box 171 • Bondurant, WY 82922 (877) 746-3628 • [email protected] Livestock Management Threatens California’s 13 Montana ...... P.O. Box 1135 • Hamilton, MT 59840 Mountain Lions Laura Cunningham (406) 830-3099 • [email protected] Working to rid Bay Area open space from livestock Nevada and Oregon ...... P.O. Box 12356 • Reno, NV 89510 industry predator killing (208) 421-4637 • [email protected] Lawsuit Thwarts Permit Issuance for Arizona 15 WWP’s Fax Number is (208) 475-4702 Ranchers Cyndi Tuell WWP’s newsletter is edited and produced by Ranchers lose bid to bring back cattle to degraded Greta Anderson, Jeremy Greenberg, and Erik Molvar desert lands

2 Messenger WWP’s Ongoing Advo- without genetic and demographic con- Dear Readers, nectivity with other grizzly bear popu- This newsletter is written cacy for the Great Bears lations. WWP and partners challenged by WWP staff in September, the second delisting decision and, in By Jocelyn Leroux 2018, a federal judge in Montana agreed edited and readied for printing that the delisting was illegal and enjoined in October, and mailed out to Grizzly bears are con- the states’ plans to resume hunting the you in November. This year, sidered sacred animals bears, returning the bear to full ESA by many of North an event of enormous conse- protection. On July 8, 2020 in a major America’s Indigenous victory, the 9th Circuit Court of Appeals quence will have transpired people. In contrast, affirmed the District Court order. between the time we sign off the apex predators are However, two months later, Senate considered nuisances, on the copy and the time it Bill 614 — the Grizzly Bear State threats, or game-revenue windfalls by Management Act of 2019 — was revived. lands in your mailbox: the elec- ranchers, hunters, and state agencies. Originally introduced in February 2019 tions on November 3, 2020. WWP is working on many fronts to by Sen. Enzi of Wyoming and cospon- This really is a pivotal time in maintain protections for this important sored by four republican Senators from species. Montana, Wyoming, and Idaho, the American history, and we want In the states of Idaho, Wyoming, bill would circumvent the ESA process to acknowledge that as you read and Montana many people, politicians, and legislatively delist the Yellowstone this, the country as we knew it and state agencies are desperate to label grizzly bear population. On September the great bear “recovered” despite the 9, 2020 the Senate Committee on will have changed with the out- best available science. After a court over- Environment and Public Works (EPW) comes of local, state, and national turned a 2007 attempt to remove held a hearing to discuss the bill with elections. Yellowstone grizzlies from the Endangered testimony weighted in the favor of pro- Species list, the Trump Administration trophy hunting industry representatives. Though we can’t predict the took another run at delisting in 2017, Now, WWP is working with partners results of the elections, we can again on grounds contrary to scientific to secure written testimony from scientific say with certainty that no matter evidence showing that the small isolated experts to submit to the EPW Committee population could not survive long-term prior to any decision on the bill. what, WWP will continue to work for healthy western water- sheds and diverse populations of native wildlife. We hope to see a political landscape that supports this agenda as well, ©MICK THOMPSON, COURTESY FLICKR CREATIVE COMMONS but we won’t stop pushing for it no matter who is in charge. This newsletter contains numer- ous articles that show that even in the worst of times, we can win. Thank you for your enduring support, Erik and Greta

Fall 2020 3 WWP extends special thanks to the following supporters, each of whom contributed $100 or more to our efforts over the last year. This generous assistance helps to preserve and restore habitat for many species. Bob and Fraida Aland Debra Eberts Jay Kaplan Erik Molvar Torrey Shawe John Alcock Sarah Egolf-Tarr Joel and Dawn Keller Glenn Monahan and Nancy Schultz T.R. and Emily Shelby Deborah Anderson Aleta Erickson Dr. Ken K. Kellogg D.V.M Steven Morgan Smith & Wilcox Blue Skies Greta Anderson and Steev Hise Roxanne and Tom Factor Michael Kenney Chris Morris Foundation Jeff Armstrong Bruce and Bonnie Fauskee Robert Kern Carolyn Morrison B.J. Smith Martha Arvey Mary Fay Jeff Kessler John and Myra Mumma Don Smith Mark Bailey and Kirsten Johanna Daralene and John Finnell Helen Kettle Andy Munter Somalwar Family Fund Allen Roderick Flores Bill Klitz Lynn Murray Will and Karen Somers Dennis and Lynn Baird Cross Charitable Foundation Karen Klitz Chuck Neal Christine Baleshta Charitable Trust Ronald Chilcote Knobloch Family Foundation Nelson Family Foundation Jon Spicer Ranko Balog Doug Frazer Louise Koegler Jodi Norris Richard Spotts Lynne Bama Kristin Frish and Ron Grant Mike and Lynn Koeppen Bruce Norvell Jeffrey Steinberg and Sherry Warner- Effie Baram Marlene Fritz Sandy Koppenol Ryan Nourai Steinberg Jean Barash Kevin and Tina Frostad Joe Krawiec Mary O'Brien Carla Stern and Steve Novak Diana Baron Ann Fuller Richard and Karen Kroger Curtis Obi James G. Stewart Steve and Salli Bauer Kelly Fuller Kurt Krusinski Nancy Orr Patricia Stewart Sharon and Bruce Benson Jerome Fulton and Mary Wills Ken and Ginna Lagergren Thomas Ososki Renell and Ron Stewart Bruce Berger Fulton Andy and Gusti Laidlaw Peter and Jean Ossorio Erik Storlie and Tamara Kaiser Jonathan Berman Anthony Furness Scott Lake Bruce Ostermann Julie Stromberg Doug Beus Donna Gelfand Diana Landis Michelle Owens-Martin Roz Switzer The Wayne & Betty Bickley Chris Gertschen Inge-Lise and Jack Lane Michael Pacheco Walter H Sykes Charitable Trust Mark Gill Mark Langner and Lynn Inouye Pat and Joan Palmer Sharla and Ronald Bilchik The Von Der Heyden Family Leila Lappin Laurie and Dan Parkinson Meredith and Tory Taylor Ellen Blackstone Foundation Barbara Lauterbach Ronald J Parry Kristen Temple Andrew Boheler Susan H Gilliland Jill Leary Debra Patla and Merlin Hare Radcliffe and Cheryl Cheston John Borstelmann John C Goetz Mark Lehmkuhle Jim and Carol Patton Mr. Paul and Mrs. Maureen Draper Sheila Bowers Goldman Family Charitable Fund Steven Leuthold Family Scott Paulson The Edsall Acts of Kindness Fund Jeannette Bowman and John Barnet John and Vicky Graham Foundation Barbara Pederson The Lennon Family Charitable Fund Boylston Family Foundation Robert G Gregg Carole J Lewis and Ted Walczak Peggy Garcia Snyder The New-Land Foundation Louise Brannon and Bob Paul Griffin David Lieb Nils Peterson and Krista Kramer Mark Headley and Christina Pehl - Wagenknecht John Grifin Jason and Linda Lillegraven Eleanor Phipps Price and Chris Towt The pH Fund Barbara Browning Robert and Pamela Guthrie Edwin Lindgren Nuri and John Pierce Sagebrush Habitat Conservation Thomas and Betty Budlong Andrew Gutman Lines Rimbeaux Charitable Fund Justin Poehnelt Fund Nancy A Bull William Hagdorn Carlie Lines Rama Polefka The Westport Fund Janice and Carl Butler Judy Hall Deborah and Peter Lipman David Porubcansky Steve Butler Michael and Virginia Halloran Jeffrey Lonn Richard Prange Foundation for Sustainability and Franz Camenzind Cara Hand Bill and Josephine Lowe Kevin T Price Innovation John and Nancy Cassidy Family Jon and Vicki Hanna Scott and Lynda MacButch Sperling Foundation Timpe-Crane Family Fund Foundation Janice Hardman Mary Wommack and Jim MacKenzie Betsy Quammen Dr. Charles Trost Rose Chilcoat Cristina Harmon Sally Mackler Mike Quigley Tara Troutner Claire Cloutier Ann Harvey and Michael Campbell Matthew Maguire C.F. and Leslie Ray Tim Troy Computer Network Solutions Bruce Hayse Maki Foundation Gene Reetz Steve and Amy Unfried Ricardo Cobo Margaret Hecht Pam Marcum Kathy and Dave Richmond David Vaillancour Jim Coda Chris and Ron Hegge Brandon Mark Judy and Peter Riede Bruce P Van Haveren Susan Coleman June Heilman Thomas Markovits Richard and Carmen Roberts Alexander Viechec Pamela Conley Patricia Helvey Steve Marlatt Lisa and Stephen Robertson Shane Vlcek Daniel Cooke Dave Hendershot Ron and Cay Marquart Jane and Kevin Robinett Fritz and Janet Ward Kay Corbett Russell W and Masako Heughins Jane Marsh Kathy Robinson J.S. Cox Limited Partnership Fund Frederic Hoffman and Linda Lang Michael and Betsy Martin Charlotte Roe John and Jocelyn Wasson Richard Curtis John Horning René Martin Ronald H Chilcote Family Trust Todd Weigand Julie and Dick Dahlgren Maurice and Leslie Hornocker Jon and Stefanie Marvel Martin Rose F1 Key Foundation Daniel Dancker Dr. Keene Hueftle Heather Mathews and Michael Peter Ruprecht Kelley Weston and Kathleen Gerald Davidson Pat Huey Hodes Susan Ryan Diepenbrock Megan Davis Frank Huzel and Theresa Norris Cynthia McAfee Debra Salstrom and Richard Easterly Micheal and Mary Whitehead Paul and Marilyn Davis Huzel Hi and Ann McComish Wayne Salvo Jim Wilkinson Nancy Debevoise Ernest F Hyde Jr Ryan McDermott Sangham Foundation Pamela Williams Steve and Mary Deffé Jane Ifland Thomas and Patricia McGrath Pamela Sasser Wolf Recovery Foundation Eugene DeMine Ken and Anne Jackson Melinda McIlwaine Brian Schaeffer David C Wray Louis and Kathleen Dersch James & Barbara Cimino Foundation Steven McLaughlin John and Eliza Schmidt Clay and Maggie Wright Jack DeWitt Marilyn Jasper Joe and Trina McNeal Michael Schneegas and Nancy Don Wright Michael Dombrowski Dale and Robin Jensen Mike McQueen Skinner Debra Donahue and Chip Rawlins Andrew Johnson Mark Mering and Laura Tirrell William Scurrah George Wuerthner Charlie Donnes and Carol Hardy Frederick Johnson Chris Merker and Diann De Rosier Samantha Seabrook-Sturgis Brett Wyker Michele and Lloyd Dorsey Robert Johnston Sarah Michael Clee and Mary Sealing Mitch and Leslie Wyss The Good Works Institute Denis Jones Dan Millis Ken and Louise Seiler Theresa Zmola Shelley Dumas Jones Family Charitable Foundation Nathaniel Miullo Robert D. and Marsha Sellers Ben Zuckerman E&H Humbly Bumbly Foundation Jake and Danelle Kaauwai Donald and Jean Molde Leon Shaul and Kathleen Jensen

4 Messenger Also in September, Montana’s Grizzly conservation, such as genetic and demo- WWP is also working through the Bear Advisory Council (GBAC) completed graphic connectivity and the deployment courts with other lawsuits to get better its year-long effort to provide grizzly of proactive nonlethal conflict deterrence on-the-ground protections for grizzlies. management recommendations to measures. WWP was active in this process, On March 31, 2020, WWP and our Montana Fish, Wildlife, and Parks attending meetings, providing comments, allies at the Alliance for the Wild Rockies (FWP), a process that yielded mixed and soliciting public involvement through and Yellowstone to Uintas Connection results. As can be expected in collaborative outreach to members. We will continue filed a lawsuit against the Forest Service groups, many conversations focused on to work to hold Montana FWP account- and the Fish and Wildlife Service for values and opinions rather than science able as the state-wide grizzly bear man- authorizing the killing of bears to protect and facts. Still, several beneficial elements agement plan gets drafted. livestock on 170,000 acres of public managed to make it into the recommen- WWP has also stayed busy in land on a grazing allotment in the Upper dations, including the importance of Montana with three revisions underway Green River area of Wyoming. Rather utilizing the best available science, increas- to National Forest land management than require ranchers to adopt nonlethal ing the use of nonlethal conflict prevention plans. None of these plans do enough conflict deterrence measures, the Forest measures, and increased outreach and to protect critical habitat for grizzly bears Service authorized the killing of up to education. However, certain components and other native wildlife, and during 72 grizzly bears with no protection of of the plan undermine these efforts by the summer of 2020, WWP submitted female grizzlies. The case is ongoing and including recommendations meant to objections to the Helena-Lewis and WWP is committed to ending needless restrict the habitats that grizzly bears Clark and Custer Gallatin Revised Forest slaughter of the great bear in the Upper can occupy before they are relocated or Plans. In August, WWP along with Green River Valley and beyond. killed. WildEarth Guardians, Friends of the Additionally, WWP’s lawsuit with Unsurprisingly, much of the GBAC’s Wild Swan, and the Swan View Coalition WildEarth Guardians and Wilderness efforts focused on trophy hunting and filed a lawsuit over the new Flathead Watch over bear-baiting in Idaho and whether hunting should be considered National Forest Land Management Plan Wyoming challenges the practice of a useful management tool once the grizzly that does not have adequate protections hunting black bears using attractants bear is delisted, which overshadowed for grizzly bears and other imperiled on national forests in grizzly habitat. A topics more important to grizzly bear species. main concern is that grizzlies will be mistaken for black bears and be acci- dentally shot, an issue not analyzed by the agencies. Finally, WWP’s work to force Burlington Northern Railway to better protect grizzly bears within the Northern Continental Divide Ecosystem is making headway towards new commitments by the industry to take preventative measures along key routes. WWP has been working with WildEarth Guardians and the Western Environmental Law Center on that issue for nearly a year, with resolution in sight by later this fall. If you have questions about any of these actions, please be in touch with [email protected].

Jocelyn is WWP’s Washington & © JIM PEACO, NPS Montana Director. She lives in Missoula, Montana

Fall 2020 5 lethal removal. Just last year, Idaho Welcome Adam Bronstein, Department of Fish and Game reported that wolves were killed near Trail Creek, WWP’s New Idaho Director! Boone Creek and Little Lake Creek in We’re happy to announce that Adam Bronstein was hired as Idaho and near the Basin, and 2020 will likely Director and came on board with us in June 2020. be more of the same. Adam was born and raised in Syracuse, NY and spent his youth climbing The streams of Copper Basin are and exploring the Adirondack wilderness. He began traveling to the western often touted as being great fisheries for states in his late teens and soon fell in love with “the big open.” He attended cutthroat trout, but they are nowhere SUNY College of Environmental Science and Forestry where he earned a near what they could be because of live- B.S. in Environmental Studies and Geographic Information Systems. Adam stock-induced impairment. During a moved to Central Oregon in 2014 to live close to public lands and immediately recent visit, I found warm waters, destroyed got involved with native fish advocacy work on behalf of redband and bull cut banks and streamside vegetation trout in the Deschutes Basin. He has also worked with the non-profit Gallatin devoured to its roots. I wasn’t sorry that Yellowstone Wilderness Alliance by directing media efforts to protect the I left my fly rod at home. remaining roadless lands in the northern Greater Yellowstone Ecosystem as There are some places that are just federally designated wilderness. In addition, Adam hosts the excellent too special to graze and Copper Basin Wilderness Podcast, where he has interviewed many conservation giants, is most certainly one of them. Hunters, including our own Jon Marvel. Check it out at www.wildernesspodcast.com. fishers, wildlife lovers, hikers and all Americans should rally around a new Spectacular Copper wolves seem to be drawn to the Basin vision for Copper Basin that places the in relatively large numbers, and the sur- needs of wildlife and ecosystems first. Basin in Idaho Needs a rounding wildlands appear to provide The Forest Service and BLM should be ideal habitat. Yet, because so much of our allies in recognizing this great potential New Vision their natural prey has been displaced by for the Basin instead of perpetuating By Adam Bronstein cows, the wolves will sometimes attack old traditions that no longer make good and kill livestock and Wildlife Services, sense. WWP will continue to engage Copper Basin, locat- a federal agency, is called in for their the agencies and advocate for that vision. ed about twenty-five wolf “services,” which usually means miles northeast of Sun Adam is WWP’s Idaho Director. Valley, Idaho stands out as a true anomaly on the map. It is a rare high-elevation valley popular with recreationists. With the exception of a few private inholdings, the Basin is largely publicly owned and managed by the Forest Service and Bureau of Land Management. It has been a conservation priority for WWP for many years because of the enormous ecological potential. It could be comparable to the Lamar Valley in Yellowstone

National Park, with all of its pre-1492 WWP BRONSTEIN, © ADAM wildlife including wolves, grizzly bears, wolverine, abundant elk, deer and moose, but Copper Basin has been bombed- out by livestock grazing. As evidence of this ecological potential, The Copper Basin in central Idaho.

6 Messenger Meet Dave Stricklan, in, working on, and teaching about grazing allotments, and she was genuine western rangelands, it is undeniably clear and even passionate about her desire to New Sagebrush Specialist that the institutionalized model of man- improve management. Then she made aging public rangelands and watersheds a telling statement. She said that she and Allotment Buyout doesn’t work. In fact, if the objective just hated the idea of taking cows off Coordinator actually were to have these lands in prop- of a riparian area or fencing them out erly functioning ecological condition a because doing that was a tacit admission pretty effective strategy would be to take that federal agencies can’t manage cows the current management paradigm/policy in riparian areas. She seemed unaware structure and then do the exact opposite. of the cognitive disconnect between the Consider that in the near nine decades two ideas, but she is right, domestic live- since the passage of the 1934 Taylor stock grazing and properly functioning Grazing Act very few streams on public riparian areas are not compatible. We lands administered by the Forest Service can’t have both on public lands. or Bureau of Land Management meet Personally, I vote for healthy riparian Dave Stricklan joined our staff in June the seventeen specific criteria that the areas. The overwhelming majority of 2020 in a jointly-funded position with agencies use to define a stream that is my fellow citizens vote with me. We the Sagebrush Habitat Conservation Fund. in properly functioning condition (PFC). manage public lands under a bizarre, When we met Dave, we knew that his When I taught the PFC analysis antiquated, and cumbersome system expertise and experience would provide method to students at BYU-Idaho, we that prioritizes human use above all unique insight and opportunities into had to go to areas excluded from grazing other functions. Until we get national agency-managed livestock grazing, and in small fenced off “riparian pastures.” legislation that allows permanent retire- we’re glad he’s joined us in this new position. In New Mexico it was even harder to ment of grazing allotments, the best we In his own words: find properly functioning streams. It is can do is to retire allotments from willing I am excited to join WWP and the pretty amazing that after nearly nine sellers in the few places where wilderness Sagebrush Habitat Conservation Fund decades of management of public lands legislation, or Forest Plans or BLM to work on all things sagebrush and to it is virtually impossible to see a non- Resource Management Plans, specifically coordinate grazing allotment buyouts. wilderness western stream landscape in allow it. That is why I came to work I come from a different background properly functioning condition. for WWP and the SHCF, to use my than many of the WWP staff, although Two years ago, I was on a site visit background and expertise to help protect we all share a passion for western land- on the Gila National Forest in New the riparian areas of the west, one allotment scapes. I grew up on a working farm/ranch Mexico with the Range Staff Officer for at a time. I welcome leads about permittees in central Idaho. I worked for 12 years the Southwest Region of the Forest that might be interested in a buyout. If as a wildlife biologist and range conser- Service. We rode together in a pickup anyone has connections to people that vationist with the USDA Forest Service, between stops at various stream sites may be interested in a willing seller allot- and then spent fourteen years teaching and discussed the current state of range- ment buyout please contact me at Wildlife Management, Range Ecology, lands in the southwest. She lamented [email protected]. and Stream Ecology at Brigham Young the general state of riparian areas on University – Idaho. Most recently I was at New Mexico State University as a Visiting Assistant Professor in the Range Department, where I taught Introduction to Range Science, Rangeland Restoration Ecology, Rangeland Resource Ecology, and other classes. Many of my friends and colleagues have wondered why I would want to work for WWP and the SHCF. The answer is that after a lifetime of living Dave Stricklan instructs students near Mines Creek on the Targhee National Forest.

Fall 2020 7 Sonoran Desert National Monument WWP’s Work in Arizona’s Deserts The Sonoran Desert National Monument is an San Pedro Riparian National Conservation Area exquisite example of the native plant and animal There is a long and well documented history of livestock trespass in the San Pedro Riparian National assemblages found in the Sonoran Desert. Lupine, Conservation Area, in addition to sanctioned livestock grazing on four allotments. The damage to creosote, globe mallow, and native grasses are found this life-giving ribbon of green in the Sonoran desert destroys habitat for 80 species of mammals, 59 below towering ironwoods, ancient saguaros, palo species of native reptiles and amphibians, hundreds of bird species, native plants, and historically 13 verde and mesquite trees. The Monument’s protected native fish species, though only two remain. More often than not a visit to these protected lands are lands used to be heavily grazed by cattle but since disrupted by the sights and sounds of cows munching the riparian vegetation, crushing the streambanks, 2015 have been largely off limits to livestock, and cowpies littering the stream. In 2019 the Bureau of Land Management authorized continued allowing wildlife and vegetation to slowly swallow livestock grazing in the SPRNCA. In April 2020, Western Watersheds Project, the – up abandoned stock tanks and fences. Grand Canyon Chapter, and the Center for Biological Diversity filed a lawsuit demanding the 1. Abandoned Stock Tank on the SNDM © Cyndi Bureau of Land Management keep cows out of this Riparian Conservation Area. Tuell, WWP 3. Southwestern Willow Flycatcher seen on the San Pedro © Cyndi Tuell, WWP 2. Native Plants in South Maricopa Mountains 4. Cow Tracks in the San Pedro River © Cyndi Tuell, WWP Wilderness Area on the SNDM © Cyndi Tuell, 7. San Pedro River © Cyndi Tuell, WWP 1 WWP 2

3 4 5 6

Sonoran Desert Tortoise Badger Den Allotment In 2015, the Fish and Wildlife Service declined Western Watersheds Project sued the Bureau of Land to protect the Sonoran desert tortoise (Gopherus Management in December of 2019 for illegally authorizing morafkai) under the Endangered Species Act, livestock grazing on the Badger Den allotment, located after indicating for more than five years that in one of the most degraded watersheds in the country livestock grazing, off-road vehicle use, climate and free from authorized livestock grazing for nearly change and a host of other threats meant the three decades. Much of the allotment is heavily eroded tortoise was in danger of extinction and warranted with little vegetation for native wildlife, much less protection. After a lawsuit filed by Western livestock. The area is home to a unique restoration project Watersheds Project and WildEarth Guardians known in the Sands Draw Exclosure where biologists in 2019, the tortoise is once again eligible for have worked hard to restore native plants and surface protection as a threatened or endangered species. water in the hope that one day native fish can be repatriated. Information about the tortoise will be gathered 6. Healthy Vegetation in the Restoration Area on the over the next year and a half to determine the Badget Den © Cyndi Tuell, WWP future of this ancient desert dweller. 8. Cow Trails on Arid Lands on the Badget Den 7 5. Baby Desert Tortoise © 8 © Cyndi Tuell, WWP Clait Braun Receives the 2020 Sagebrush Sentinel Award The 2020 Sagebrush Sentinel Award was presented to so. Dr. Braun was a technical editor of the 2011 Studies Clait Braun at WWP’s spring Board Meeting on June 6th, in Avian Biology monograph that collected much of the in recognition of his unparalleled efforts to protect the current scientific knowledge on the bird, and helped inform Greater and Gunnison sage grouse. Dr. Braun has been a range-wide sage grouse conservation plans. In 2006, Dr. fierce advocate for sage grouse conservation throughout Braun authored A Blueprint for Sage Grouse Conservation the West, and has been an integral part of the collective and Recovery, on behalf of Center for Native Ecosystems, effort to bring back and Gunnison sage grouse from the which was then used as the basis for conservation alternatives brink of extinction. submitted during the revisions of large-scale Bureau of Every spring, Western Watersheds Project gives the Land Management land-use plans. Sagebrush Sentinel Award to an environmental advocate Dr. Braun has been an expert witness in numerous whose commitment to environmental protection and whose lawsuits by Western Watersheds Project and other conservation dedication to the vision of healthy watersheds and wildlife groups seeking to protect sage grouse. Whenever agencies habitats is an inspiration to us all. The Sagebrush Sentinel heard Dr. Braun’s gravelly voice, they knew they were Award was originally established about to get a helping of unvar- in 2014 in honor of Jon Marvel, nished – and often unwelcome the founding director of Western – reality. Some of the lawsuits Watersheds Project, and it is for which he has contributed now given annually to someone expertise include WWP’s original whose work embodies the tenac- sage grouse plan case (where ity and grit for which our organ- the judge found insufficient ization is known. protections in the Craters of Dr. Braun got a Master’s the Moon and Pinedale plans), degree in Wildlife Management our sage grouse oil and gas leas- from the University of Montana ing lawsuit, and our Klamath in 1965, then went on to com- Lakes wildlife refuge case. plete his PhD at Colorado State In addition, just last year, University, where he studied Dr. Braun provided oral testi- white-tailed ptarmigan, a rare mony for WWP’s lawsuit against alpine grouse species that lives restoring federal grazing leases above the timberline and molts to the Hammond Ranches, a into all-white feathers for winter livestock operation whose key camouflage. For thirty years, members were imprisoned for Dr. Braun was a research scientist arson on BLM lands. After hear- for the Colorado Division of Wildlife, ultimately rising to ing Dr. Braun’s oral testimony, the judge found that lead the state’s avian research program. His specialties were livestock grazing causes irreparable harm to sage grouse ptarmigan and sage grouse – both greater sage grouse and habitat, and then granted WWP and allies a partial injunction Gunnison sage grouse – and he authored more than 300 that prevented the full measure of livestock grazing, before scientific publications in all. ultimately revoking the grazing leases. In 2000, Dr. Braun co-authored an influential review Dr. Braun is an eloquent writer and outspoken advocate of the sage grouse scientific literature titled, ‘Guidelines for western public lands habitats, frequently offering opinion to manage sage grouse and their habitats,’ which recommended pieces in regional newspapers and speaking truth to power buffers around leks (or display and mating sites) to protect about how public lands managers are failing to properly nesting habitat, maintaining 7-inch grass height as hiding protect native wildlife. We’re grateful for his efforts to cover for grouse, and many other standards that have educate the public and politicians about the scientific become the backbone of sage grouse conservation science. evidence of the needs of sage-grouse and other species. Dr. Braun also conducted field studies on the impact of Congratulations Dr. Braun, and Thank You for all mining on sage grouse, one of the only researchers to do your many years of important work!

10 Messenger WWP Takes on William rified the Bundys and their new Sagebrush grouse, the climate issues fueled by Rebellion. In fact, Pendley’s twitter ongoing leasing and production of Perry Pendley handle is @Sagebrush_Rebel, suggesting publicly owned fossil fuel deposits, the By Erik Molvar more than a passing enthusiasm. spread of cheatgrass (and the range fires In September of 2019, a handful of that go with it) as a result of overgrazing, On a Friday after- Senators wrote a letter to the Interior and the decimation of bighorn sheep noon in late secretary, raising concerns about Pendley’s by livestock diseases, not wild horses. September, we were fitness to lead the agency. That was the It was laughable scapegoating, except it pleasantly surprised same month that Pendley spoke at the wasn’t at all funny. to learn that a conference organized by the Society of Pendley is the fruit of the same poi- Montana federal judge Environmental Journalists in Fort Collins, sonous tree that gave us James Watt and ordered William Perry Colorado, and stated that wild horses Gale Norton: the Mountain States Legal Pendley to stop acting as the director were an “existential threat” to BLM Foundation. Famous for representing of the Bureau of Land Management lands, and that combating this threat the most toxic elements of the corporate after 424 unlawful days at the helm of was to be the BLM’s number-one priority. exploiters of public lands, this law firm the largest land management agency in WWP responded to these comments has long spawned anti-environmental the U.S. immediately by placing a column in rhetoric, and advocated for the dismantling Well, we weren’t exactly surprised. The Hill, a DC-based political newspaper, of America’s environmental protections WWP has long recognized that Perry excoriating the BLM head for ignoring to free their clients to make ever-bigger Pendley is unfit and unqualified to serve. the far greater ecological damage caused profits with environmentally destructive As soon as he was appointed by Secretary by domestic livestock. This column went drilling, mining, and livestock grazing. , the news media dug viral, traveling around the world on the Under Pendley’s direction, the BLM up Pendley’s statements that America’s strength of 66,349 individual shares. It has expanded destructive fuelbreaks and public lands should be sold off, that was clear that the real crises in the BLM juniper-clearcutting projects, ramped was a hoax, and that glo- were the continuing decline of the sage up oil and gas leasing in designated sage grouse habitats, fast-tracked massive drilling projects, and shifted toward “outcomes-based grazing,” which puts ranchers in charge of designing their own livestock grazing schemes on public land (as if BLM “management” wasn’t permissive enough). In November of 2019, Pendley penned an opinion piece in the Las Vegas Review-Journal stating that “local law enforcement bears primary respon- sibility for enforcing state and federal law” and that federal law enforcement officers would show “deference” to local sheriffs in enforcing these laws. Recognizing that Pendley was setting a policy that would implement the Bundys’ dream of turning over the enforcement

© BLM, PUBLIC DOMAIN of federal laws on public lands to their Constitutional Sheriff allies, who had no intention of enforcing them, WWP fired back in the same newspaper. Our critique focused on the Constitutional Sheriffs and Peace Officers Association’s William Perry Pendley, Former Acting Director of the Bureau of Land Management.

Fall 2020 11 ©BLM

BLM staff with BLM Deputy Director for Policy and Programs William Perry Pendley in Moab, Utah. Statement of Positions, which includes sanction of Senate confirmation. This Trump demanding that Pendley’s nom- such extremism as “States should have was clearly illegal, and the Public ination be withdrawn. With support a plan for assuming control of all lands Employees for Environmental for Pendley crumbling among Republican within their boundaries not obtained Responsibility, recognizing WWP’s lead- Senators facing tough re-election battles, by Constitution means” and “The federal ership on the issue, invited us to join and Pendley’s racist remarks from 2017 agencies now claiming control of land in a lawsuit to remove Pendley from surfacing, Trump caved in and withdrew within a state should be drastically down- office using the Federal Vacancies Reform the nomination, but Pendley stayed in sized and/or dismantled.” This idea was Act (FVRA). Under FVRA, Acting place due to a succession order that he a logical extension of the same extreme Directors must be career agency profes- himself signed in May 2020. agenda that Pendley himself had articulated sionals (Pendley lacks this qualification), House Resources Committee throughout his career as an anti-envi- and the can only serve for 210 days Chairman Raul Grijalva joined PEER ronmental activist. (Pendley had been there longer). and WWP’s lawsuit in September 2020, Then Pendley started threatening In response to our lawsuit and increas- but Governor Bullock’s suit achieved a BLM headquarters employees with firing ing public pressure in the summer of ruling first with the ousting of Pendley if they didn’t move into the new national 2020, President Trump went ahead and and an order to review any decisions he headquarters he had chosen – an oil and formally nominated Pendley to be oversaw during his tenure. We’re happy gas industry office complex in Grand Director of the BLM, initiating (at long with the outcome and that our early Junction, Colorado – and others started last) the Senate confirmation process. efforts to oust Pendley triggered a taking notice. Another organization led another oppo- groundswell of support throughout the At the very end of 2019, WWP sition sign on letter objecting to Pendley’s country and put a stick in the spokes drafted a letter calling for Pendley’s appointment, gathering signatures from of Pendley’s efforts to turn America’s removal from office at the end of his 300 groups. Montana Governor Steve public lands over to commercial exploiters. next term, and convinced 90 other con- Bullock, a candidate for Senate, filed a servation groups to sign on. This letter lawsuit of his own in a Montana federal Erik Molvar is WWP’s Executive put the media spotlight on Pendley’s court to seek Pendley’s removal. Senators, Director repeated reinstatement as a temporary including every single Democrat and He lives in Laramie, Wyoming. agency head who operated without the Independent, signed a letter to President

12 Messenger Steve Herman in Memoriam (1936-2020) Livestock Management Steven G. Herman, Member of Journal: A Manual of Instruction based Threatens California’s the Faculty (Emeritus) at The Evergreen on a System Established by Joseph Mountain Lions State College, passed away on Friday Grinnell", which remains in use by April, 3, 2020 at his home near many amateur and professional nat- By Laura Cunningham Yelm,WA. He was 84. He was born uralists. Dr. Herman was beloved by in Elyria, Ohio in 1936 his students, and prin- The Santa Cruz and grew up in the San cipal among his many Mountains of central Francisco Bay area achievements was his California are wild and where he acquired an extraordinary mentoring rugged, with grasslands, early interest in birds of hundreds, who went oak woodlands, and and other aspects of on to distinguish them- redwood groves. natural science. After selves as biologists and Mountain lions roam serving in the U.S. other professionals. He these mountains, typically preying on Army from 1959-1961, believed that the best the locally-common black-tailed deer. he went on to receive way to learn about nat- Recently, these mountain lions have a bachelor's degree in ural history was to spend been threatened by lethal removal from Biology (1967) and a Ph.D. in Ecology vast amounts of time in wild and semi- public parklands, for the sake of livestock (1973), both from the University of wild places, engaged in rigorous exam- operations in the Midpeninsula Open California at Davis. He moved to ination. His appreciation of beauty of Space District, or “Midpen.” Washington in the early 1970s and all types informed his life and work Created in 1972 by voters, Midpen became an early faculty member of on every level. One could easily pick is an independent special park district The Evergreen State College, where a fight by simply implying that "beauty that has preserved nearly 65,000 acres he taught for over 35 years. An ardent is in the eye of the beholder!" He of public land and manages 26 open conservationist, he spent his life defend- instilled this value of beauty for its space preserves. It is funded by local ing wild country. He believed that own sake to the many people he men- property taxes. Within the preserve grazing on public lands made no sense, tored. The community and philosophy system, 8,500 acres are grazed by private and argued rightly that ungrazed public of conservation he created is one of commercial livestock operators. lands were treasure houses of biodiversity. his greatest legacies. Steve was a gardener, California Department of Fish and He was a researcher and early activist a falconer, a naturalist, a philosopher, Wildlife studies have shown a population for the banning of DDT to protect an ornithologist, and friend to hundreds. of mountain lions of between 33 and peregrine falcons and the California He travelled widely, exploring six con- 66 adults in the Santa Cruz Mountains. condor, having also served on early tinents and the natural and cultural This population is already genetically condor recovery programs. He was life of all of them. He is survived by depressed and isolated from other wild instrumental in the establishment of his daughter, Sallie Herman, his grand- places, and urban sprawl and highways Bowerman Basin National Wildlife daughter Jessica Herman, and his contribute to fragmentation and inbreed- Refuge and the removal of cattle from great-grandson, Grayson Charlton. ing. It’s an ‘at risk’ species in this region, the Hart Mountain National Wildlife In lieu of flowers, he requested donations and WWP supported a proposal to list Refuge. Steve had a giant personality be made to the Navopatia Field Station, the Southern California and Central and was wonderfully outspoken, never a conservation and natural history field Coast Evolutionarily Significant Unit without opinion on matters of impor- station in Sonora, Mexico which he of mountain lions as threatened under tance especially on those of conservation helped establish and passionately sup- the California Endangered Species Act. and preservation of wild places. He ported. A memorial webpage is being In April 2020 the California Fish and never shied away from confronting created at: fatherwingbeat.org. Game Commission voted unanimously resource agencies and industries prone Steve was member of WWP’s advi- to move this population to candidacy to the degradation of nature. He pub- sory board and commoly served as an status, triggering a year-long review to lished numerous scientific papers and expert witness on WWP legal cases. determine if these mountain lions should a book entitled "The Naturalist's Field be formally protected.

Fall 2020 13 ©LAURA CUNNINGHAM

Mountain Lion, Puma concolor. Killing is one of the leading causes During the hearings on the new • Livestock guardian animals, such as of lion mortality in the area, according policies, the public and environmental trained dogs, or even donkeys. Donkey to Chris Williams of the University of groups, including Western Watersheds guardians (which will attack with hooves California, Santa Cruz, Puma Project. Project, opposed killing of mountain and teeth) were found to not be effective Between 2008 and 2018, 133 kill permits lions and coyotes by the park district. against mountain lions, but effective were issued for mountain lions in San On November 22, 2019, Midpen against coyotes and dogs for pastures Mateo, Santa Clara, and Santa Cruz dropped its plans to kill mountain lions. less than 600 acres. Llama guardians Counties, with 42 mountain lions dead In backing away from killing of lions, have also been considered and were effec- as a result. Midpen is now seeking to add a policy tive against dogs. Midpen reimburses livestock operators goal to ensure “sustainability of conser- • Permanent and temporary electric for any confirmed cow kills by mountain vation grazing in areas where predation fences; lions, and there have been 22 confirmed of livestock may occur,” and investigating • Frightening devices include such losses from coyotes and mountain lions non-lethal predator management measures. measures as fox lights—which flash ran- since 2007. The coastside Midpen pre- WWP is engaging with Midpen about dom colors and lights through the night, serves have around 550-600 cattle. this draft plan, particularly the definition motion-activated speakers, and even In 2019, Midpen sought to institu- of using livestock for “conservation” motion-activated water sprinklers (solar- tionalize mountain lion killing within purposes, instead of other less damaging powered). its properties by updating its mission management actions such as native tule • Increased human activity. A volunteer statement, predation policy, and current elk grazing and prescribed fire to achieve range rider program is being organized grazing management policy. Midpen mission goals. by Midpen. wanted to become a local “Wildlife Midpen contracted with researchers Other methods looked at include Services” serving the narrow interests from the University of California at everything from cowbells, removing veg- of livestock operators leasing park lands. Berkeley to figure out ways to allow etative cover where predators hide, to WWP participated in this early scoping predators to co-exist with cattle, building changing the type of livestock operation. period for an upcoming environmental on information gained from livestock- Much more study is needed but at least review of grazing management plan wolf conflict reduction. Many of the killing has come off the table. changes under the California methods are unproven with mountain For more information, contact Environmental Quality Act (CEQA), lions, but proposals include: [email protected]. and we vociferously objected to this • Night penning; Laura Cunningham is WWP’s move. • Removal of attractants, such as dead California Director. calves and garbage; She lives in Beatty, Nevada. 14 Messenger Lawsuit Thwarts Permit black grama and wolfberry, among many Then, on June 18, 2018, nearly 30 others. Its 47,000 acres represent a rare years after the original permit was canceled, Issuance for Arizona and unique opportunity for restoring the BLM used some magical thinking Arizona’s grasslands to their former eco- and back-door processes to “transfer”

Ranchers logical health. the preference of the non-existent permit By Cyndi Tuell Some of that restoration work got to a new livestock operator (who also underway in 2010 in the “Sands Draw happens to be the son of the original The Badger Den Livestock Exclosure Project,” an aquatic permittee). The agency rubber stamped allotment near habitat restoration effort within the the permit without notifying the public Willcox, Arizona is allotment, ultimately planned for the and despite the concerns raised by more unique among the reintroduction of native fishes, including than one BLM staffer that cows didn’t many allotments in the Gila topminnow, roundtail chub, belong on these fragile lands. the Safford Field Office and desert pupfish, to surface waters Thus, on December 4, 2019, after of the BLM because within the livestock-free area. Though months of trying to understand how it has not had authorized livestock grazing the fish reintroduction never occurred, the agency went about reauthorizing a for nearly 30 years. It is within the San the closure to trespass livestock grazing long-canceled permit, WWP filed a Simon watershed, identified in 2011 by and the replanting of native vegetation lawsuit challenging the illegal new permit. BLM as one of the ten most degraded makes the Sands Draw Exclosure stand Caught breaking environmental laws watersheds in the country. Soil erosion out from the rest of the allotment. and trying to sneak cows onto degraded has been a significant concern since at The permit on the Badger Den allot- public lands, on March 9, 2020, just least the 1930s throughout the San ment was canceled in 1991, after the two days before the BLM’s answer to Simon Valley, and a large portion of permittee was caught repeatedly breaking WWP’s complaint was due in court, the allotment looks like a moonscape. the agreements he had with BLM about the BLM issued a new decision cancelling Nonetheless, the 47,000-acre allot- where his cows were allowed to graze. the illegal permit and admitting the ment provides potential habitat for a He refused to remove his cattle from grazing permit for the Badger Den allot- variety of native wildlife species such as the allotment and continued to graze ment was issued in violation of the law. the Sonoran green toad, the western illegally on the allotment until 2004, As of this writing, livestock are not burrowing owl, javelina, desert ornate when he finally relented after a stint in allowed on the Badger Den allotment box turtle, banner-tailed kangaroo rat, jail for contempt of the court orders to and WWP plans to keep it that way. and native plants including bush muhly, remove the cattle. The BLM is already trying again to reau- thorize livestock on the Badger Den, but we are working hard to protect the restoration area and the land surrounding it so that this place can continue to heal from over a century of livestock abuse. If you live in southern Arizona, it is worth the drive and short walk to visit the allotment to see what livestock grazing does to arid landscapes, and visit the restoration area to see what this place could be without cows. Get in touch with Cyndi Tuell at cyndi@westernwa- tersheds.org for more information if you plan to head out to the Badger Den allotment.

©CYNDI TUELL Cyndi Tuell is WWP’s Arizona and New Mexico Director. She lives in Tucson, Arizona. Badger Den Allotment.

Fall 2020 15 NON-PROFIT WESTERN WATERSHEDS PROJECT ORG. P.O. Box 1770 U.S. Postage Hailey, ID 83333 PAID Boise, Idaho Permit No 220 ~Address Service Requested~

Thank You for Your Continued Support!

Every day the public lands, streams and wildlife throughout the West benefit because of the work done by Western Watersheds Project. The agency management plans we challenge, the allotments we monitor, and the lawsuits we file all help to protect and restore our western public lands.

• Any size donation is greatly appreciated and makes a difference! Everything WWP does to influence the restoration of western public lands is based on a vision that western North America may be one of the only places on earth where enough of the native landscape and wildlife still exists to make possible the restoration of a wild natural world. • Make a gift of appreciated stock. Talk to your accountant or financial planner about the potential tax benefits of making this type of donation. • A gift through careful estate planning can make a lasting difference for WWP. A bequest, an arrangement made in a donor’s will, is a simple and uncomplicated approach to planned giving. Other methods to facilitate a planned giving donation include: charitable remainder trust, charitable lead trust, and gift annuity. It may be wise to talk to your accountant or financial planner to fully understand the potential tax benefits of different giving options. • Help others learn about WWP! WWP supporters have hosted events in Pocatello, Idaho and Berkeley, California to help us spread the word about our important work. You can host an event too and WWP will help. We’ll supply informational materials, send out email/printed invitations combining your guest list with local WWP supporters, and even have a WWP representative attend a “meet and greet” which can be customized to your area of interest or concern.

The Western Watersheds Project Messenger is printed using vegetable-based inks on carbon neutral, 100% post-consumer waste.