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Field Notes


Your voice made a difference for Boysen; and we need it again!

First, thank you. Your earlier comments to the Wyoming Department of Environmental Quality persuaded the agency to deny Aethon Energy Company’s proposal to increase the discharge — from 2 million to over 8.25 million gallons per day — of oil and gas wastewater from the Moneta Divide field. Polluted wastewater from this facility is currently dumped into Alkali and Badwater creeks which flow into Boysen Reservoir and the Wind River. 

We can’t thank you enough for writing the DEQ and attending the public meetings. Your voice made a big difference, but our efforts must continue to ensure long term protection of Boysen and its tributaries!

Although the DEQ has denied the increase, the existing discharge will be allowed to continue, despite having already caused significant damage to Alkali and Badwater creeks and likely having impacted aquatic life and water quality in Boysen Reservoir.  


THE PROBLEM

While we support the improvements proposed by the DEQ in the revised draft permit, additional changes are needed to protect water quality and aquatic life. The revised permit must include more stringent pollution limits on the existing discharges to ensure that our surface waters — and all the uses and activities they support such as fishing, swimming, and irrigation — are protected for future generations. 

The company’s existing DEQ discharge permit allows 908 tons per month of salts and other oil field pollutants to be discharged into Alkali and Badwater Creeks. Yet the DEQ’s own data reveals that this has already impacted the streams. And the existing discharge has exceeded legally required limits for pH, oil and grease, and chlorides, and contains no limits for benzene and other harmful chemicals. 

The revised draft permit allows the same amount of salts and other harmful pollutants. The DEQ needs to do more to protect our lakes and streams from polluted oil and gas field wastewater.


WHAT YOU CAN DO

Please write to DEQ and thank them for their efforts, and for hearing your concerns. Then ask them to develop stronger limits on pollutants to ensure oil and gas wastewater does not continue to damage our streams and reservoirs. 


ASK THE DEQ TO DO THE FOLLOWING: 

  • Work with Aethon to clean up the existing damage caused by decades of oil field pollution in these streams; 
  • Immediately reduce the monthly load of salts currently authorized in both the existing and proposed discharge permit;
  • Implement a one or two-year compliance schedule to achieve significant reductions in the concentration of chloride allowed in Badwater Creek. The DEQ’s proposal to allow Aethon four more years to achieve full compliance with chloride standards is just too long; 
  • Deny any future requests to weaken the regulatory chloride standard currently applicable to Badwater Creek. 

You can submit your comments online or mail them to:
Kevin Frederick, DEQ/WQD Administrator
200 West 17th Street, Cheyenne, WY 82002

Comments must be received by February 17, 2020 for them to be considered. 

The DEQ’s announcement, responses to your public comments and a copy of the revised draft permit are available here

Thank you for your continued effort to deliver this critical message to the DEQ: “Don’t Poison Boysen.” 

Field Notes


Speak out for the Greater sage-grouse, and our western heritage

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We need your help to protect the Greater sage-grouse from a political effort to weaken the Wyoming-led plan that helped avoid an endangered species listing of the iconic western bird. You can help by submitting comments to the Bureau of Land Management by August 2, 2018.

BACKGROUND—

The BLM’s Wyoming State Office is accepting written comments from the public on its draft plan to amend a multi-year planning effort finalized in 2015 to conserve the species. The Trump administration wants to re-do the plans to give greater weight to state and industry concerns. This is unnecessary and risky. Although the draft plan for Wyoming contains many of the essential features of the 2015 plan, it also removes key elements that biologists believe are necessary to avoid the need for listing the species as threatened or endangered under the Endangered Species Act.

POINTS TO CONSIDER IN YOUR LETTER —

  •  Tell the BLM to keep the 2015 Greater sage-grouse conservation plans in place. These plans  — covering all of the western states where sage-grouse are found — were the result of years of scientific study and collaborative efforts in Wyoming and in the other western states, and the deal should be honored. Any changes or “tweaks” that experts deem necessary can be accomplished through minor plan amendments, or so-called maintenance actions. A complete rewrite is an unnecessary waste of federal resources, and risks upending the official finding made by the U.S. Fish and Wildlife Service that a listing under the ESA is not needed. The certainty provided by the 2015 plans is now being called into question as changes to the plans are proposed based on political, rather than scientific, considerations.
  • Tell the BLM that a state-by-state approach to conserving the Greater sage-grouse is counter productive. The Greater sage-grouse is a landscape scale species that needs expansive, undisturbed tracts of intact sagebrush habitat to survive. The 2015 plans recognized this, and contain science-based conservation measures that applied uniformly across the species’ range. The proposed state-by-state plan amendments will lead to a patchwork of efforts, some with sound conservation measures (like Wyoming) and others with wholly inadequate measures. Will Wyoming be left “holding the bag” because other states have failed to develop adequate conservation strategies? A landscape-scale approach with all states participating in good faith is the best way to ensure effective conservation of the species.
  • The plans proposed by BLM must do a better job of protecting core population areas, also known as Priority Habitat Management Areas, by reducing the main threat to Greater sage-grouse: oil and gas development. Tell the BLM to make core population areas off limits to new oil and gas leasing. Development on existing leases should be managed under strict regulations now in place that limit surface occupancy and disturbance, but new leasing that would allow for even more development should be prohibited. More energy development in the bird’s most important habitat will not help conserve the species.
  • The BLM’s proposal strips the fundamental mitigation goal of “net conservation gain” from the plans. Tell the BLM that a no net loss of habitat that merely prevents additional habitat loss (i.e., stops the bleeding) is not adequate to conserve the Greater sage-grouse. The science shows that the plans must achieve a net conservation gain if the species is to stand any chance of long-term recovery.
  • The BLM should improve plan monitoring and oversight, and must do a much better job following its plans. Our experience over the past several years has revealed that the BLM routinely failed to follow its own 2015 plan, largely because BLM failed to provide training to field staff and the necessary incentives to ensure proper implementation. The best plan in the world is worthless if agency personnel fail to enforce it. The plan should contain metrics by which conservation success can be measured — statements that the plan is working without objective evidence to support those claims will not be sufficient to convince the USFWS that the plans are effective conservation tools.
  • Tell the BLM that the proposed plan does not provide for adequate openness and transparency of important planning decisions. For example, the BLM would like to be able to modify habitat designations (e.g., core vs non-core) via an internal process, rather than going through a formal plan amendment. Tell the BLM to follow its own regulations and use an open process to make important changes to the plan. The public should have a say in how public lands and wildlife are managed.

NOW, TAKE ACTION —

You may submit comments by U.S. mail to the Wyoming BLM state office.

Mail your letter to:
Mary Jo Rugwell
State Director
BLM Wyoming State Office
5353 Yellowstone Road
Cheyenne, WY 82009

(Be sure to include “attn: Greater Sage-Grouse EIS.”)

Alternatively, you may submit comments via email to:
Jennifer Fleuret McConchie
Planning and Environmental Coordinator
Bureau of Land Management
Wyoming State Office

(Be sure to include “attn: Greater Sage-Grouse EIS” in the subject line)

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Please personalize your letter. We are witnessing an alarming trend in federal agency decision-making that discounts comments that appear to be based on “form letters.” Your letter will be given greater weight if it contains specific comments that relate to your experiences concerning sage-grouse. For example, if you enjoy watching the males engaging in the flamboyant mating display on leks, or hope to do so in the future, please consider including that bit of information in your letter.

Click this link for additional information related to the BLM planning process.

Thank you for speaking up for Wyoming’s amazing Greater sage-grouse!

 

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Field Notes


Your comments can help uphold historic sage-grouse protections

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Wyoming citizens can tell Interior Secretary Ryan Zinke not to scrap commonsense protections for sage-grouse and the sagebrush ecosystem at two BLM meetings later this month.

The open-house meetings, to be held in Cheyenne and Pinedale, will provide an opportunity for the public to learn more about — and comment on — an ill-conceived BLM proposal that would eliminate habitat protections developed as part of a historic, West-wide conservation plan.

That plan, which Wyoming Governor Matt Mead helped craft and which was approved with broad bipartisan support in 2015, would help maintain healthy sage-grouse populations, as well as vibrant mule deer, elk, and pronghorn herds, and hundreds of other species that rely on intact sagebrush habitat. The plan’s conservation measures are widely credited with keeping the Greater sage-grouse off the endangered species list.

 

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MONDAY,
JUNE 25

4–7 p.m.
Laramie County Library
Cottonwood Meeting Room
2200 Pioneer Ave.
Cheyenne, WY

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WEDNESDAY, JUNE 27
1:30–4:30 p.m.
Sublette County Library
Lovatt Meeting Room
155 S. Tyler Ave.
Pinedale, WY

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A Collaborative West-wide Conservation Plan
Scrapped in the Name of “Energy Dominance”

Although the Trump administration touts the importance of state engagement and local input, its actions tell a different story.

In what many see as an egregious concession to mining and oil and gas lobbyists, Secretary Zinke last fall ordered his agency to reconsider the historic sage-grouse conservation plans that western stakeholders took years to craft.

These plans, which apply to 11 western states, are a wildly successful example of state engagement and local input. They were endorsed by western governors, conservationists, sportsmen, and many in the agricultural and oil and gas communities. The plans’ protections were modeled after Wyoming’s own strong sage-grouse conservation measures; the best available science, attention to balance development and wildlife management needs, and to keep the Greater sage-grouse from being listed as a threatened or endangered species. The approval of these plans in 2015 was a resounding success story. And Wyoming citizens know it.

Wyoming Citizens Stand Behind the Plans

Last December, Wyoming citizens turned out in force, along with Governor Matt Mead and other state leaders, to demand that the protections for Wyoming’s sage-grouse remain in place. Senator John Barrasso, too, publicly defended Wyoming’s plan.

The Interior Department listened . . . sort of. The BLM has now released draft amendments for each of the 11 states that signed on to the 2015 conservation plan. The amendments to Wyoming’s plan propose keeping some of our good protections. But taken as a whole, the amendments don’t do enough to ensure that sage-grouse populations across the West will be protected.

As Secretary Zinke must understand, keeping the Greater sage-grouse off the endangered species list goes beyond ensuring smart management only in Wyoming. Protecting the species — and its sagebrush habitat — across the west is essential. But the BLM is drastically reducing habitat protections in eight of the 11 states that are part of the West-wide plan, leaving just three — Wyoming, Montana, and Oregon — to carry the weight of protecting this iconic western species. And several changes in the plan proposed for Wyoming will hurt sage-grouse populations right here.

Tell Secretary Zinke: Honor the Deal!

The Department of Interior is currently taking public comment on its draft amendment for Wyoming. If you’re in Pinedale or Cheyenne next week, please attend a BLM open-house meeting to learn more. The BLM is taking public comment on the proposal right now. Come learn more and ask questions at the open houses next week as we prepare to send comments on behalf of our members in August.

Here are a few key points to make in your comments:

  • Without reliable, West-wide measures to address ongoing and increasing threats to the Greater sage-grouse and its habitat, we’re likely to find ourselves right back where we started: facing a listing under the Endangered Species Act. That’s not good for the sage-grouse and it’s not good for westerners.
  • Wyoming, Montana, and Oregon should not be the only states responsible for range-wide support of the sage-grouse population. The remaining states must help carry the weight. All 11 states that signed on to the 2015 conservation plan must be accountable for their share of the habitat and bird populations.
  • The proposal doesn’t do enough in terms of mitigation. The BLM must do everything in its power to improve habitat that has been lost or degraded due to development.
  • The proposal provides for more flexibility for “adaptive management.” Although flexibility might make sense, any departures from the original conservation directives must be transparent and backed by the best available science.  

Want to know more? Email the Outdoor Council’s Senior Conservation Advocate, Dan Heilig at dan@wyomingoutdoorcouncil.org.

Thanks for standing up for Wyoming!

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Field Notes


Help protect North America’s longest mule deer migration corridor

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We urgently need your help to protect the world’s longest mule deer migration corridor, which is found right here in Wyoming.

The U.S. Bureau of Land Management is set to auction several mineral lease parcels inside the corridor for oil and gas drilling, first in September and again in December. If these parcels are not deferred from leasing, they will be sold to the highest bidder, setting the stage for drilling inside this critical and sensitive corridor. The migration corridor is a lifeline for mule deer and provides important habitat for dozens of other iconic Wyoming species. 

The most powerful action you can take is to join us, first, to thank Gov. Matt Mead for his initial steps to protect the 150-mile Red Desert to Hoback migration route. Then you can ask him to stand strong by opposing the proposed sale of federal and state oil and gas lease parcels in this critical habitat.

In addition to writing to Gov. Mead, you can also email the Wyoming Game and Fish Commissioners. Please encourage them to continue to defend this corridor — and all migration corridors in Wyoming — as vital habitat that warrants the highest levels of protection.

Lisa McGee, our executive director, recently thanked the governor for his support of the corridor and asked him to take additional steps to protect it from oil and gas leasing. You can read her letter here.

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THIS MIGRATION CORRIDOR NEEDS YOUR HELP

Ongoing research has revealed that mule deer traverse a particular route each year, moving north from low-lying wintering grounds in the Red Desert to the higher elevations of Hoback Basin in the summer, then back again in the fall. It’s the longest annual migration by a land animal in the Lower 48. The migration corridor includes critical stop-over habitats, where the ungulates “recharge” in quiet and nutritious habitats before continuing on across a patchwork of public and private lands.

These stunning discoveries demonstrate an ancient lifeline that still exists today, not only for big game animals in western Wyoming, but for dozens of other species, as well. In turn, these species, and the habitats they depend on, are central to Wyoming’s outdoor heritage and our growing economy.

Learn about wildlife migrations in Wyoming here.

Data collected and analyzed by Wyoming biologists also demonstrate the fragile nature of this corridor system. Mule deer typically avoid human disturbance; too much human activity can cause the deer to rush through valuable stop-over areas, leaving them in poor condition for winter or the fawning season. Both scenarios threaten their survival.

POLICY YOU CAN INFLUENCE

Interior Secretary Ryan Zinke issued a secretarial order to “enhance and improve the quality of big-game winter range and migration corridor habitat on Federal lands.” He deservedly earned accolades from a broad cross-section of western sportsmen and Wyomingites who asked for this protection.

Yet the BLM, one of the agencies Secretary Zinke oversees, now appears intent on undermining the order by offering to sell oil and gas lease parcels in the Red Desert to Hoback corridor in September and December. This makes no sense.

Western governors can influence the BLM when proposals to drill in critical wildlife habitat go too far or stray from Western values.

That’s why we’re asking you to join us in giving Gov. Mead all the support he needs to stand up against this federal top-down action from the U.S. Department of Interior.

THE UNTOLD STORY

Protecting the Red Desert to Hoback mule deer migration corridor from leasing and subsequent development will not harm the oil and gas industry.

Today this industry has 5,881 authorized permits to drill in Wyoming, and 9,000 pending applications for permits to drill here. The BLM is scheduled to greenlight more than 20,000 more wells throughout the state in the next 10 years. The few dozen federal oil and gas lease parcels scheduled for sale in the migration corridor are unnecessary to Wyoming’s robust oil and gas economy. If sold, the development of these parcels threaten to permanently sever this migration lifeline for wildlife — along with a massive sector of Wyoming’s hunting and outdoor recreation economy.

Please contact Gov. Mead and let him know you appreciate his support for the world’s longest mule deer migration. Then ask him to oppose the BLM’s upcoming lease sales in the corridor.

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Field Notes


Land Grab in Sheep’s Clothing

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This month, Sen. John Barrasso introduced, and Sen. Mike Enzi co-sponsored, a reckless measure to advance the Trump administration’s disastrous doctrine of “energy dominance” over all other uses on public lands.

The “Opportunities for the Nation and States to Harness Onshore Resources for Energy Act,” or the ONSHORE Act (S. 2319), hands federal oil and gas drilling permit authority and duties to individual states. Sen. Barrasso claims this is a remedy to “punishing regulation and permitting delays” for oil and gas development on federal lands. Yet the legislation’s supposed remedy actually raises more questions than it answers.

The language of the bill is so vague that it’s unclear whether the states that choose to take on issuing federal permits to drill will also conduct the normal federal review and public comment process that all Americans have been afforded for decades.

Far from providing more certainty and faster permitting, if the ONSHORE Act is implemented states would have to dig deep into their budgets to hire new staff to take on the additional workload. It’s also unclear whether a state would accept new legal and environmental cleanup liabilities that usually belong to the federal government.

Federal permitting is not the problem. The challenge is in managing large and complex development projects. The remedy for that is to provide federal agencies with the expert staff and resources required to carry out the duties that reflect American values for our public lands.

Polling consistently shows that Americans favor protecting our public lands for wildlife and recreation over energy development. Instead of reflecting these values, the ONSHORE Act looks like part of the Trump administration’s plan for energy dominance over all other uses on public lands.

Rep. Liz Cheney introduced an even worse version of the ONSHORE Act in October. Development proposals ought to be considered as efficiently as possible, and not expedited at the cost of public input and thorough review. The Outdoor Council believes that our congressional delegates would serve Wyoming’s interest best by supporting adequate funding and autonomy to federal agencies that are legally bound to manage public lands in the interest of all Americans, and in coordination with local input.

Far from perfect, Wyoming can be confident of its own agencies’ abilities to manage oil and gas activities that fall under state authority. Wyoming can do its best in managing these activities when it can work with federal counterparts that are adequately funded and not interfered with by a top-down approach to resource management.

 

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Field Notes


Let Collaborative Science-Based Plans Stand

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A historic, West-wide effort to protect the imperiled Greater sage-grouse is under threat by the Trump administration—even though Wyoming Governor Matt Mead doesn’t want Washington to meddle with key features of the science-based plan.

The federal plan for protecting sage-grouse in the West, finalized during the previous presidential administration, was largely based on Wyoming’s home-grown and collaborative strategy to protect “core” sage-grouse habitat—the places the birds rely on to perform their iconic mating ritual and raise their young.

But Secretary of the Interior Ryan Zinke has announced that his agency will re-open the plan in order to consider an unsound, population-based strategy rather than a habitat-based approach.

But the science is clear on this point: A population-based approach to managing sage-grouse would absolutely not work. When it comes to the viability of the species, it all comes down to habitat.

“That (would be) the end of sage-grouse,” Brian Rutledge, director of the National Audubon Society’s Sagebrush Ecosystem Initiative recently told the Casper Star-Tribune. “I am counting on the governors to not let this happen.”

Wyoming’s plan is “solid and should be allowed to work,” Governor Mead said in a recent media release.

“I am concerned that the [Trump administration’s] recommendations place more focus on population targets and captive breeding,” Mead said. “Wyoming will continue to rely on science and scientists to manage the species. I will continue to work with Secretary Zinke, state and local stakeholders on this issue.”

Wyoming’s Groundbreaking Plan to Save Sage-grouse

Two successive Wyoming governors—Dave Freudenthal, a Democrat, and Mead, a Republican—convened diverse teams of stakeholders—including representatives from the energy industries, wildlife advocates, agriculture, electrical utilities, mining, and state and federal resource management agencies—to create a plan with one overarching goal: conserve the most important habitat in order to avoid the need to list the sage-grouse as a threatened species under the Endangered Species Act.

The resulting strategy—to protect sage-grouse core habitat and breeding areas—was informed by the best and most up-to-date science, and has been revised as new science has become available.

The Wyoming Outdoor Council has long been a supporter of this core area strategy, because we believe it is the bird’s best bet for long-term viability.

Not only do the current plans significantly reduce the threats to sage-grouse, they also protect more than 350 other Western species that depend on the same sagebrush habitat. The plans also serve ranchers, energy developers, and people who love the outdoors, as the Bureau of Land Management and U.S. Forest Service have been able to implement sage-grouse conservation while still managing these landscapes for the benefit of millions of Americans who rely on them for their livelihoods and quality of life.

These plans are the largest land conservation effort in U.S. history. They were locally driven collaborative efforts, and are a testament to the ability of stakeholders to roll up their sleeves, put politics aside, and work together to find answers. The message we need to send to Secretary Zinke is clear: collaborative conservation works, and it’s the only way we are going to find lasting solutions to our most complicated ecological challenges.

The BLM is offering two opportunities for public input. First, click below to comment before the December 1 deadline.

 

 

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Let the agency know that you support these historic, science-based management plans and don’t want to see any changes. In your message, be sure to introduce yourself: say where you live and the values you have as someone who lives, works, and plays in the West. Personal stories and unique messages help ensure your message will be read and taken into consideration.

And if you live in Wyoming, please consider attending either of two public meetings hosted by the BLM next month:

 

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MONDAY, NOVEMBER 6

4–7 p.m.
Little America Hotel & Conference Center
2800 W Lincolnway
Cheyenne, WY 82009

 

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WEDNESDAY, NOVEMBER 8

4–7 p.m.
BLM Pinedale Field Office
1625 W Pine Street
Pinedale, WY 82941

 

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For more information about the BLM meetings, click here.

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Field Notes


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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Field Notes


Let the state of Wyoming know you value clean water

The state of Wyoming wants to allow substantially higher levels of E. coli in more than three-quarters of its streams. What can you do?

Click here to take action.

P1110111
Photo: Scott Kane

Last summer, the state of Wyoming made a decision—we think it’s a bad one—that would allow up to five times more E. coli than was previously permissible in more than three-quarters of the state’s surface waters. This includes thousands of miles of streams on national forests and other public lands.

Families, youth campers, hikers, and anglers routinely use many of the affected streams for recreation. Across Wyoming, our livelihoods and our lives depend on clean water.

The Wyoming Outdoor Council worked hard this winter to give the Environmental Protection Agency the information and feedback it needs to disapprove this decision by the state, and many of you helped with that effort.

Now we need you to show your support for clean water in Wyoming again: on June 5, 2015, the EPA informed the Wyoming Department of Environmental Quality that it must hold a public hearing and reach out to recreational groups before the EPA can approve the new, higher permissible levels of E. coli. Find the public notice here.

Based on your own personal experiences, we are asking for your help to submit comments, or, better yet, to attend this meeting and make the point to the DEQ that primary contact recreation (i.e. swimming, bathing, and similar activities involving a high degree of contact with the water) can and does often occur on these low flow streams in rural and undeveloped areas.

Public Hearing for Categorical Use Attainability Analysis
5:30 – 8:30 p.m. Wednesday, September 16
Oil and Gas Conservation Commission, Basko Building
2211 King Boulevard, Casper, WY

If you can’t make it to this event, click here to send a letter to the DEQ. Furthermore, if you can provide personal photos of recreation in these low flow streams as shown in light blue on this map, please consider including copies of your photos along with your letter.

Your comments and photos will serve as evidence that people do, indeed, participate in primary contact recreation in these streams where higher levels of E. coli are would be allowed.

Click here to take action and to learn more.

Field Notes


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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