Aren't the wild horses and burros protected by law?

In 1971, Congress passed the Wild Free-Roaming Horse and Burro Act (PL 92-195). This law recognized the horses and burros as a "*recognized component"* of the public land environment. This meant that wild horses and burros now had a legal right to live on the public lands. The law confined the horses and burros to lands where they were living on in 1971. The BLM calls these areas HMAs.

However, in 2004 over the Thanksgiving weekend Senator Conrad Burns slipped an amendment into the 2005 Omnibus Appropriation Bill which rescinded some of the protections the wild horses and burros had and allowed those over 10 or who had not been adopted in 3 attempts to be sold “without restriction”.

Back to Top

What is an *HMA?

The areas where feral horse and burros live under the protection on the "Act", Herd Management Areas (HMAs).

Back to Top

How big are the HMAs?

Some are as small as the Lakeridge HMA in Oregon which has 2,720 acres and others as large as the Salt Wells Creek HMA in Wyoming which has 901,960 acres.

Back to Top

Why would the BLM zero out an HMA?

According to the BL HMAs are generally zeroed out for one or more of the following reasons:
• No water or water is so reduced that it cannot sustain the population of horses or burros, cattle and native wildlife.
• No forage or forage is so reduced that it cannot sustain the population of horses or burros, cattle and native wildlife.
• The population of horses or burros is below what is considered to be a viable population.

The BLM maintains that scientific data doesn’t agree on what a "viable" number is for a herd population. They argue that herds as small as 50 can be genetically viable as long as there are more “older” “breeding” individuals.

According to Dr. Gus Cothran of University of Kentucky , who is the foremost authority on genetic markers and genetic variation of wild herds, he stated that he feels a minimum of one hundred fifty (150) to two hundred (200) horses of various ages must be maintained to protect genetic diversity. He clarifies this by saying that this number will vary from herd to herd. The best way to determine the number of horses needed for a viable herd is to do a genetic analysis of the herd first and then compare the genetic variation in the population. With this information a specific number can be determined which establishes the how many are needed to maintain generic variation

*Note:* This is an area of disagreement between the BLM and the Wild Horse and Burro Advocacy Groups. We argue, that according to the laws protecting wild horses and burros (whb), these animals may only be removed when there is an overpopulation which are considered excess to maintaining a *thriving ecological balance.*

Back to Top

What is a thriving ecological balance?

There is no single or specific description for thriving ecological balance. There are some measurable and inter-related characteristics which are common to areas when ecological balance has been established. A thriving ecological balance requires that wild horses and burros and other animals on the HMA such as privately owned cattle and native wildlife, be in good health and reproducing at a rate that sustains the population, the key vegetative species are able to maintain their composition, production, and reproduction, the soil resources are being protected, maintained or improved, an a sufficient amount of good quality water is available to the animals. The number of animals which can live on an HMA while maintaining a thriving ecological balance is called an *AML.*

BLM defines it as a thriving ecological balance is accomplished through conducting vegetative monitoring studies designed to measure grazing impacts to the different vegetative communities. Key attributes monitored includes vegetative cover, density, plant species, composition and plant community condition (health/vigor). When, through monitoring, it is determined that grazing is causing unreasonable adverse impacts to the plant community, an adjustment in the number of animals will be made.

If it is determined that different grazing animals use the area, and are contributing to the impacts, adjustments in all animal classes (WHB, cattle, deer, or elk) will occur. The determination of which and how much each *grazing ungulate* contributed or caused the impacts is sometimes difficult to discern. The *specialist* will first look at the movement patterns of each animal (are each using the area at the same time of the year, or at different times, thereby adjusting monitoring dates to detect each's contribution to the forage consumed), the types of *scat* in the area, and relative abundance of each type of scat. The specialist will also look at forage itself. What type of plants are being grazed; grasses, shrubs or *forbs* (some classes of animals prefer different types of forage), and how was the plant material removed (was it ripped off, is it cut off cleanly, what type of an angle cut was left on the remaining branches, etc.). All of this information helps the specialists determine which type of animal and how many should be removed.

Back to Top

What is a vegetative community?

A vegetative community is all plants including grasses, forbs, bushes and trees within a specific area.

Back to Top

What is a grazing ungulate?

Any grazing mammal.

Back to Top

What is scat?

Scat is animal fecal matter

Back to Top

What is a forb?

Forbs are the flowers on the plants

Back to Top

What is an AML?

AML stands for *appropriate management level. *The AML is the number which is the midpoint between the upper and the lower population level of horses or burros which can live on an HMA while maintaining a thriving ecological balance.

Back to Top

How is the appropriate management level determined?

The AML is determined through the *land use planning process* or in the *HMAP* and must meet the objectives of achieving and maintaining healthy populations and a thriving ecological balance and *multiple-use* of the HMA. Each HMA must have a resource inventory and monitoring information to determine what the AML is.

Back to Top

What is the land use planning process?

Each government agency that manages public lands has its own name for the land use planning process. The BLM calls this the Resource Management Planning Process.

You may write each BLM State Office or District and asked to be listed as an "*interested party*."

Back to Top

What is an *HMAP*?

An HMAP is a Herd Management Area Plan.

These are area specific activity plans focusing on a particular herd and the issues surrounding the management of that herd. The plan outlines management and monitoring objectives, specific strategies to aid in the management, and a process by which the management is adjusted to address issues. These plans are continually up-dated based on new information warranting changes.

Back to Top

What is *multiple use*?

Multiple use is all the activities which the land is used for including recreational uses, mining, WH & B, grazing, etc.

Back to Top

What if one year is a very dry and the BLM has to take a higher number of horses or burros off the HMA and the number of animals remaining is below the AML?

Temporary population adjustments in response to extraordinary circumstances, natural disasters, and the natural variation in habitat components, unplanned livestock and WH&B population adjustments may be needed occasionally to maintain the ecological balance. Temporary population adjustments in response to these factors do not establish a new AML.

*From the BLM Website: *There are few solutions available to mitigate the effects of a drought. The BLM as a rule does not feed or water animals except for a very short period prior to their removal. In 1997 there was some water hauled and attempts were made to develop permanent waters where there was ample forage available.

*Response: *One of the primary concerns of Wild Horse and Burro Advocates is that the BLM has allocated few funds for water development and habitat improvement which would enable WH &B's to remain on some HMAs. It may be not only easier on the wild horses and burros but cost effective also if supplemental feeding and watering were done on an HMA as a temporary measure under certain circumstances. Long term management such as water development and habitat improvement should be a priority concern on many HMAs. Projects like water development could be supported by funds raised by the public or through nonprofit WH & B Advocacy groups.

Back to Top

How many wild horses and burros are there in each state?

We have a chart available on the site that offers that information. Visit it by clicking here.

Back to Top

How many wild horses and burros are on lands not controlled by the BLM?

Wild horses and burros exist on National Park Service lands, Department of Defense lands, U.S. Forestry lands, lands managed by individual states, and on private lands including several Native American Reservations. No one knows exactly how many horses and burros live on these lands in total.

Back to Top

What percentage of the mares on each HMA foal each year, and what's the survival rate of the foals?

The percentage of mares that foal each year and the survival rate of the foals per year depends on the HMA and environmental conditions such as drought and available forage. The BLM claims that the reproduction rate is about 20-24% per year. But some years that reproduction rate may be 5% or less. This does not take into consideration that although a foal is born it may not survive to adulthood.

Back to Top

Does the BLM have a publication that explains the characteristics of each HMA and the horses on them?

No. Although most HMAs have HMAP, many are out of date. Few studies have been done on the genetic diversity or physical characteristics of horses on specific HMAs. Our chart on herd characteristics has the most information in a single place.

Back to Top

Are there privately owned cattle and sheep on HMAs?

Yes, cattle and sheep are allowed to graze on HMAs when the owners are issued *grazing permits.

Back to Top

How does a grazing permit work?

Grazing permits are typically issued for ten years to individuals or corporations that are in the livestock business. These permits are for certain "privileges or preferences" to graze within designated areas within public lands (called grazing *allotments*) with their livestock (usually sheep or cattle). These permits are attached to "base property" (typically their home ranch) and can be transferred from one base property to another, or individuals can acquire these privileges by buying the base property. These privileges are routinely renewed, providing the operator (rancher) has complied with BLM rules and regulations.

These privileges/preferences are measured in AUMs (animal Unit Months, which is the amount of forage required to feed a full-grown cow and her calf for one month). For example, a rancher with 120 AUM preference on a specific allotment is able to graze 10 cows for a year, or 20 cows for six months.

The amount of AUMs a permit may be for depends upon the amount of forage the area produces (forage production is measured and adjusted based on climatic variation). This amount is periodically reviewed and adjusted based on plant monitoring.

While these permits are usually only good for 10 years, many have been passed down through the family and have been held for 50-100 years.

Back to Top

What is an allotment?

The public land that is used by individuals or corporations to graze privately owned cattle or sheep, regulated by the number of AUMs allowed.

Back to Top

How many cattle and sheep use the HMAs?

Unfortunately, the BLM does not have a document that shows the overview of the number of cattle and sheep on public lands managed by the BLM.

Back to Top

If an HMA is overgrazed, and there is not enough forage or not enough water, how does the BLM decide whether cattle, sheep, horses or burros are removed and how many of each?

The decision on whether cattle, sheep, horses or burros are removed and how many is determined by which one is doing the most damage as shown by the BLM Specialist's studies.

In most cases cattle and sheep are not removed, while large numbers of horses and burros are. In recent cases we have observed horses removed while cattle allotments have been increased.

Back to Top

What is an *AUM*?

An AUM is a animal unit month.
• 1 sheep = .2 AU
• 1 deer = .2 AU
• 1 mature cow = 1 AU
• 1 mother cow with a calf = 1 AU
• 1 mature bull = 1.25 AU
• 1 weaner calf = .5 AU
• 1 yearling steer or heifer = .7 AU
• 1 horse = 1.25 AU

NOTE: A cow AUM and a sheep AUM (or any other animal AUM) are not directly convertible because they often eat different types of forage.

The present school of thought in the Range Management field determines that a Animal Unit Month (AUM) is the amount of forage needed to sustain a 1000 pound cow for one month. This equates to approximately 25 pounds of air dried forage (2.5 lbs of forage per 100 lbs bodyweight).

Based on this information, conversions for other kinds and classes of livestock and wildlife have been developed. The conversion factor for a mature horse is generally accepted to be 1.25 AUMs. Of course there are variations in horses also. Wild horses, since they are generally smaller that domestic horses, would generally have a conversion factor of 1 to 1.

Back to Top

The BLM states on their website: " One concern by WH&B groups is that the WH&B is an endangered species because there are less that 30,000 of them left. There are many reasons why they aren't endangered. Two of the more important ones is that WH&B's do not have a problem with reproduction, the herds increase by 15-20% per year, meaning that the population can double in size every 3-4 years. The second is that as a species there are millions of them domesticated by man, selected animals could easily be turned out, and the herds would reestablish very quickly. Perhaps a concern should be the disappearance of particular historic herds. Herds of predominantly draft horses are nearly gone because of gate cut techniques (bigger and slower horses get caught first.) Herds exhibiting Spanish bloodlines are being managed as such, but there is resistance to intensive management of wild horses." Do you feel this is accurate?

Unfortunately, this illustrates a clear lack of understanding of the unique characteristics of feral horses. One of the reasons these horses make such great trained animals is because of the herd bonding which develops from their birth and interaction with the band. This is not something that is "learned" by simply taking domestic horses and turning them loose on HMAs. It takes many generations to develop this. It also fails to take into consideration that many of the HMAs have bands of horses which show genetic markers which are not replaceable by simply turning out domestic horses.

Also if it were so easy to just turn domestic horses loose on an HMA, then there should be no objection by the BLM to reintroduce older unadoptable studs who have been gelded back out on HMAs which have been zeroed out.

Most of the WH&B Advocacy groups are strong supporters of managed of wild horses to protect Spanish bloodlines and other specific herd characteristics.

Back to Top

I've heard that older horses are not removed from the HMAs - true?

*From the BLM Website:* We have a policy in effect that in essence says that only horses younger than 10 may be removed and placed into the adoption program. This means that we gather many horses, remove only those adoptable horses under 10, and then turn the older and unadoptable horses back on the range.

The current policy of turning aged horses back out into the HMA is unacceptable in that it will eventually overload the HMA with aged horses and interfere with the social and physical dynamics of the HMA.

Back to Top

What methods are used to capture wild horses?

*Basically two methods are used *Selective Removal *and *Gate Cut*.

*From the BLM Website:*

On Selective Removals:

Some positive results for this type of gather are:
• a. All horses removed find homes.
• b. A representative sample of the gene pool and knowledge base stays on the range.
• c. Long term holding and adoption costs are low because horses are adopted very quickly.

Some negatives about selective removals are:
• a. It's expensive to gather all the horses in a herd area.
• b. The unadoptables put back on the range often exhibit poor phenotypic characteristics, therefore undesirable characteristics are perpetuated in the herd.

*Response:* We support Selective Removal but not as described above.
• a. We agree that younger horses when removed through Selective Removal are easier to place. But we also feel that studies must be done which identify what number of adult breeding horses must be maintained to protect genetic diversity. With this information a specific number can be determined which establishes the number needed to maintain genetic variation in each HMA.
• b. A representative sample of the gene pool and knowledge base stays on the range only when the gene pool has been identified and individuals who are familiar with genetic diversity are a part of the team which selects which horses will be returned to the HMA.

The current removal techniques not only interfere with the genetic pool and herd dynamics when a large number of older mares (possibly not reproducing) and older studs are returned to the HMA but causes degeneration of the herd.

It is cost effective in the long run, as seen by the high number of older studs who eventually had to be removed from the Nellis Air Force base, and are now in long term holding facilities, which are paid for by the BLM.

*From the BLM Website:*

Some of our WH&B specialists feel that turning back older animals makes the herd vulnerable to catastrophic events and that turning breedable unadoptable animals back on the range will lead to genetic problems in the future.

*From the BLM Website:*

On Gate Cut Removals:

The other method we use is "gate cut". Using this method, we remove entire bands and send them all to adoption. A positive for this type of gather is:
• a. Less expensive to gather.

Some negative results of gate cut gathers are:
• a. Older and unadoptable horses are seldom adopted and very expensive to care for.
• b. Entire family units (bands) are removed thus desirable traits and genetics may be removed from the range. (Some consider this a positive)

*Response*: Gate Cut Removals are not acceptable.
• a. Gate Cut Removals are not cost effective when many of these horses are not adopted and end up in long term holding facilities.
  
  The long term holding facilities are full with a need for more facility space needed. As of 2008 there are more than 30,000 horses in holding facilities with the average age of 15-18. The majority of the horses are stallions which have been gelded by the BLM. The cost to maintain a horse at the sanctuary is $1.06 per day. The estimated life span of a horse at the sanctuary is 10-15 years.
  
  The cost to the BLM budget and ultimately the taxpayer for a single horse at the long term holding facility for ten years is $3,869.00, for fifteen years $5,803.40.
• b. Removing desirable traits and genetics is not good practice, for obvious reasons.

Back to Top

Who decides which horses will be taken off the HMA?

*From the BLM Website:* On site there is one person responsible for deciding exactly which horses are turned back and which ones are placed into the adoption program. It's almost always the"resident" WH&B specialist.

*Response:* The problem here is that some WH &B Specialists may not have knowledge of herd dynamics, conformation and other factors which could be important to the management of the herd. Instead they decide on the horses to remove based on general policies which encourage the removal of horses under 9 years old first, leaving few if any younger animals to remain and contribute to the genetic health of the herd.

Back to Top