Harney County SWD plans suit over range plan
BURNS, Ore. — A recent decision by the federal government kept sage grouse off the Endangered Species List, but Harney County ranchers, displeased with the BLM’s range management plan amendment, are considering taking their complaint to court.
Louie Molt, chairman of the Harney County Soil and Water District, said the agency disregarded input from rural communities.
“When they were writing the Range Management Plan Amendment they asked counties and soil and water districts to come up with their own ideas about how to protect sage grouse and keep the rural community viable,” Molt said. “The BLM took our rural alternative and threw it in the trash.”
The county filed a protest, Molt said, and is now considering legal action. Out of a list of 10 or so complaints, Oregon Cattlemen’s Association Chairman John O’Keefe, a rancher in neighboring Lake County, said one of the biggest concerns is conflicting research over stubble height.
“It’s the implementation phase that is being challenged,” O’Keefe said. “There is research that has come out that the seven-inch minimum stubble height requirement has flaws in the science.”
O’Keefe said peer-reviewed research from the University of Nevada, Reno, raises questions about whether sampling bias might affect the estimates of cover needed for ground nesting birds. Daniel Gibson, Erik Blomberg and James Sedinger from the Program in Ecology, Evolution and Conservation Biology analyzed the timing of nest survival surveys to determine required vegetative cover.
“One of the biggest concerns about the Resource Management Plan is they placed a lot of emphasis on habitat assessment including seven-inch stubble height,” O’Keefe said. “If we are going to manage for additional vegetation with additional wildfire, we are concerned where the BLM is going.”
The bias, according to the study, lies when stubble height is measured — at nest failure from predation or its height at predicted hatch date. Based on the study, the measurements taken at predicted hatch date more accurately predicted the influence of grass height on nest survival.
“Gibson showed if you remove the bias from sampling it shows grass height is not related to nest success,” O’Keefe said. “The BLM is over-emphasizing stubble height at the expense of wildfire, and that concerns us. We are worried they will cut permits on a non-existing nesting threat to the detriment of a fire threat and in a lot of these areas the grass matures at or below the seven-inch level,” O’Keefe said.
Fearing negotiations through the protest would fail; Harney County started raising money to launch a lawsuit. Molt said the district set a minimum goal of $50,000 before it would consider going to court; by Aug. 12 the soil and water district had raised $51,000.
“We are certainly willing to go back to the table with them, but we need to have the right people at the table, possibly (Interior) Secretary Jewell. “We’d like to try to collaborate one last time - we collaborated until we are blue in the face and we have nothing to show that works for us,” Molt said. “We will not proceed with filing suit until we give them one last opportunity to come back to the table to give us something we can live with.”
Jerome Rosa, executive director of Oregon Cattlemen’s Association said his organization supports Harney County’s actions and donated $5,000 to the fund.
“Oregon Cattlemen are still trying to negotiate with the BLM on the implementation and on this rule and if we were to sign on to this suit we give up our ability to negotiate on this, but we support our local cattlemen’s group in what they are doing here,” Rosa said.
Molt said now that the original goal has been met the second goal is to raise $100,000 and the far, outreaching goal is $250,000.
Molt said it comes down to protecting the livelihoods of ranchers dependent on public use permits.
“We will all be extremely affected if the permits are canceled. “Who am I going to sell my bulls or my hay?” Molt said. We have got to look out for our own country, if we don’t no one else will. Rural America is getting choked out. The people who live here, who would like to continue to live here, are the best stewards on the ground. People think we are destroying it. Are we that dumb that we would destroy our own livelihood?”