Ranchers
get their say in cattle battle
By
RYAN DAUGHERTY/Staff Writer
Desert Dispatch
from
http://www.desertdispatch.com/cgi-bin/newspro/viewnews.cgi?newsid996596544,73009,
BARSTOW, CA — The Bureau of Land Management’s order for seven
ranchers to seasonally remove their cattle from approximately
500,000 acres of desert tortoise habitat beginning Sept. 7 is
asking the impossible, a witness testified in a Department of the
Interior administrative court on Monday.
Speaking from a witness stand inside council chambers at Barstow
City Hall, retired range ecologist and independent consultant Dr.
Wayne Burkhardt testified that cattle tend to roam.
“I can see no way it will be possible to keep the exclusion
areas free of cattle,” he said. “You won’t get them all. You
can’t get them all.”
In January the BLM settled a lawsuit filed by the Center for
Biological Diversity 16 months ago. The suit charged the BLM with
failing to protect threatened desert species, such as the desert
tortoise. As part of the settlement, the BLM agreed to order seven
ranchers to remove their cattle from certain areas of the desert
each year between March 1 and June 15, and from Sept. 7 to Nov. 7.
The ranchers are appealing the settlement, which they say will
drive them out of business.
The BLM’s case is centered around the premise that cattle
trample plants crucial to the tortoise’s survival, a claim the
cattle contingent says is unfounded.
Burkhardt also testified that the exclusion order would likely
increase the amount of off-road vehicles in the desert, which are
even better at crushing tortoise food than the cattle.
The ranchers would be driving around chasing wayward cattle in
order to avoid BLM fines, and the BLM officials would be driving
around chasing the ranchers, he said.
Tim Salt, manager of the BLM’s California Desert District, later
took the stand and was cross-examined by ranching attorney Karen
Budd Falen.
Falen slogged through hours of dry testimony mostly centered
around an April environmental assessment statement compiled by the
BLM and signed by Salt, regarding the specifications of the
out-of-court settlement agreement. Salt said he understood the
report was “flexible,” because while it mandates that the
cattle be removed from a certain number of acres, it does not say
where those acres must be located.
Salt testified that the report suffered from time constraints and
was not as thorough as it could have been.
“We don’t have the luxury of certainty of science,” said
Salt. “We have to take the science that’s available for
practical application.”
Salt also testified that the BLM has no authority to compensate
the affected ranchers in any way.
Testimony is expected to continue through Friday. Administrative
Law Judge Harvey C. Sweitzer is expected to render a decision by
Aug. 24.
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