A U.S. District Court of Oregon judge heard arguments from a horse advocacy group seeking to prevent the U.S. Forest Service (USFS) from reducing excess wild horses from Ochoco National Forest east of Prineville, OR.
Magistrate Judge Andrew D. Hallman heard arguments on Jan. 25 in the case from Central Oregon Wild Horse Federation, which claims USFS violated the Wild Free-Roaming Horses and Burros Act because it failed to take a “hard look” at the impacts of its decision to reduce the herd.
In 2021, USFS announced a decision and finding of no significant impact on the revision of the 1975 Ochoco Wild and Free-Roaming Herd Management Plan in the 27,400-acre Big Summit Territory. The Big Summit Territory is one of the smallest of Oregon’s 19 wild horse territories and herd management areas.
USFS’ decision established an appropriate management level (AML) for the Big Summit Herd of 47-57 wild horses. In the 50 years the agency has managed horses for the Big Summit Territory, the AML levels have changed slightly. In 1975, when the territory border was established, the AML was 55-65 wild horses. The number was revised down to 60 horses when USFS issued its Ochoco National Forest Land and Resource Plan in 1989. The population expanded from 60 horses in 1975 to 135 horses in 2018.
“This AML decision best meets the purpose and need to ensure wild horses are managed in a
thriving natural ecological balance with other uses and the productive capacity of their habitat,” the record of decision stated.
According to the Central Oregon Wild Horse Federation complaint, USFS’ decision regarding AML levels is dangerously low and is contingent on available forage.
The federal government’s 2022 cross-motion for summary judgment stated Central Oregon Wild Horse Federation failed to show USFS violated the Wild Free-Roaming Horses and Burros Act and the agency in the 2020 Ochoco Wild Horse Herd Management Plan “used a science-based approach” to establish the AML levels. The cross-motion also argued the management plan was conducted as required under the National Environmental Policy Act as it solicited public comments and prepared an environmental analysis.
According to Courthouse News, government attorney Christian Carrara argued there is not enough available forage for the current population, and the overpopulation of horses would have a greater impact on the riparian habitat.
The environmental assessment acknowledged that riparian habitats are in unsatisfactory condition and that the utilization by big game, wild horses and livestock should be a maximum of 30%, leaving the rest for watershed improvement.
The suit by Central Oregon Wild Horse Federation also asserts the decision by USFS fails to assess the genetic diversity of the Ochoco herd adequately and that the agency “failed to acquire essential data of both heterozygosity and allele richness for the current population of Ochoco herd.”
The government’s cross-motion stated that in addition to maintaining AML levels, USFS will take action to improve the genetic health of the horse population by consulting with experts to maintain an acceptable level of genetic diversity.
In oral arguments, Hannah O’Keefe, a lawyer for the government, said USFS will take genetic samples from horses that are gathered as the agency suspects inbreeding is occurring and stated, “the best thing to do is to make sure the herd is genetically healthy, which is often tied to genetic diversity.”
USFS stated in the cross-motion it would sample horses during subsequent maintenance operations to monitor changes in genetic variability over time and would import mares from similar habitats to introduce new genetics.
Hallman stated he would take the matter under advisement and issue an opinion at a later date. — Charles Wallace, WLJ editor
