C04_Appendix - Comprehensive Animal Welfare Program.pdf

Pacific Southwest Region/Modoc National Forest Project ID # 62741 September 2024

APPENDIX I - Comprehensive Animal Welfare Program Standards for Devil’s Garden Plateau Wild Horse Territory Gathers and Double Devil Wild Horse Corrals Final Environmental Assessment for Devil’s Garden Plateau Wild Horse Territory Plan, 2024

The 2019 Devil’s Garden wild horse gather (photo be SB https://www.devilsgardenucce.org/ ) https://www.devilsgardenucce.org/

For more information, contact:

Madeleine Levy, Wild Horse and Burro Specialist Charlene Johnston, Double Devil Wild Horse Corrals Manager

Modoc National Forest- Devil’s Garden Ranger District 225 West 8th Street Alturas, CA 96101

Phone: (530) 233-5811 TDD: (530)-233-8708

We make every effort to create documents that are accessible to individuals of all abilities; however, limitations with our word processing programs may prevent some parts of this document from being readable by computer-assisted reading devices. If you need assistance with any part of this document, please contact the Modoc National Forest at (530) 233-5811 TDD: (530) 233-8708.

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email:program.intake@usda.gov.

USDA is an equal opportunity provider, employer, and lender.

Suggested Reference:

USDA Forest Service. 2024. Appendix I. Comprehensive Animal Welfare Program for Devil’s Garden

Plateau Wild Horse Territory Gathers and Double Devil Wild Horse Corrals, Standards In Final Environmental Assessment Devil’s Garden Plateau Wild Horse Territory Management Plan, Modoc National Forest. Alturas, CA.

https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint mailto:program.intake@usda.gov

CAWP for DGPWHT Gathers and Double Devil Wild Horse Corrals

PART ONE: ON-RANGE STANDARDS FOR GATHERS

1. FACILITY DESIGN STANDARDS

A. TRAP SITE AND TEMPORARY HOLDING FACILITY

B. LOADING AND UNLOADING AREAS

2. CAPTURE METHODS

A. CAPTURE METHODS THAT MAY BE USED IN THE PERFORMANCE OF A GATHER

B. HELICOPTER DRIVE TRAPPING

C. ROPING

D. BAIT OR WATER TRAPPING

3. ANIMAL CARE

A. VETERINARIAN

B. FEEDING AND WATERING

C. DUST ABATEMENT

D. TRAP SITE

E. TEMPORARY HOLDING FACILITY

4. HANDLING

A. WILLFUL ACTS OF ABUSE – THE FOLLOWING ARE PROHIBITED:

B. GENERAL HANDLING

C. HANDLING AIDS

5. TRANSPORTATION

A. GENERAL

B. VEHICLES

C. CARE OF WILD HORSES DURING TRANSPORT PROCEDURES

6. EUTHANASIA OR DEATH (MODOC NF DIRECTIVE, 9/5/2019)

A. EUTHANASIA & HUMANE KILLING OF ANIMAL

B. HOW EUTHANASIA WILL BE PERFORMED

C. HUMANE KILLING WHEN EUTHANASIA IS NOT PERFORMED

D. DOCUMENTATION AND REPORTING OF EUTHANIZED ANIMALS

E. CARCASS DISPOSAL

PART TWO: OFF-RANGE STANDARDS FOR DOUBLE DEVIL CORRALS

1. OFF-RANGE CORRAL FACILITY STANDARDS

A. FACILITY PERSONNEL

B. FACILITY DESIGN

C. RECEIVING WILD HORSES AND BURROS

1. Loading and Unloading Facilities

2. Receiving Procedures

3. Care of Wild Horse and Burros

4. Handling Wild Horses and Burros

2. TRANSPORTATION STANDARDS TO ANOTHER OFF-RANGE CORRAL FACILITY, SANCTUARY, ADOPTION EVENT

OR SATELLITE PICKUP LOCATION

A. LOADING AND UNLOADING FACILITIES

B. CARE OF WILD HORSES AND BURROS DURING TRANSPORT PREPARATION PROCEDURES

C. VEHICLES

D. TRANSPORT PROCEDURES

E. RECEIVING PROCEDURES (

3. ADOPTION EVENT STANDARDS

A. ADOPTION EVENT PERSONNEL

B. SATELLITE PICKUP LOCATION

C. CARE OF WILD HORSES AND BURROS RECEIVED AT SATELLITE PICKUP LOCATIONS

D. EUTHANASIA PROCEDURES AT SATELLITE PICKUP LOCATIONS

E. CARCASS DISPOSAL AT SATELLITE FACILITIES

F. HANDLING WILD HORSES AND BURROS AT SATELLITE FACILITIES

1. Willful Actus of Abuse

2. General Handling

3. Handling Aids

PREFACE

Devil’s Garden Plateau Wild Horse Territory adjoins the USDI Bureau of Land Management’s (BLM) Round Mountain Herd Management Area. Modoc National Forest (MDF) is responsible for all management actions related to wild horses in the DGPWHT. The BLM is responsible for all management actions related to wild horses in the Round Mountain Herd Management Area.

MDF constructed the Double Devil Wild Horse Corrals (hereafter referred to as DDC) in 2018 with a full-time DDC manager position in FY2019 for all Off-Range management of wild horses removed from DGPWHT. The DDC are in the southeast corner of DGPWHT, approximately six miles west of Alturas (T43N, R11E, S35/36; FS Rd 43N04). DDC have a capacity for 650 horses. The facilities at DDC are used by MDF personnel, contractors, volunteers, and veterinary services to sort, treat and prepare horse for local adoption and sale events.

In 2020 Congress passed appropriation language (P.L. 116-260) requiring humane transfer and treatment of wild horses and burros. Public Law 116-260 states specific prohibitions against destroying or euthanizing healthy animals, or sale without limitations. Public Law 116-260 is as follows:

SEC. 419. (a) Notwithstanding any other provision of law, the Secretary of the Interior, with respect to land administered by the Bureau of Land Management, or the Secretary of Agriculture, with respect to land administered by the Forest Service (referred to in this section as the ‘‘Secretary concerned’’), may transfer excess wild horses and burros that have been removed from land administered by the Secretary concerned to other Federal, State, and local government agencies for use as work animals.

(a) (b) The Secretary concerned may make a transfer under sub- section (a) immediately on the request of a Federal, State, or local government agency.

(b) An excess wild horse or burro transferred under subsection (a) shall lose status as a wild free-roaming horse or burro (as defined in section 2 of Public Law 92–195 (commonly known as the ‘‘Wild Free-Roaming Horses and Burros Act’’) (16 U.S.C. 1332)).

(c) A Federal, State, or local government agency receiving an excess wild horse or burro pursuant to subsection (a) shall not --

1) destroy the horse or burro in a manner that results in the destruction of the horse or burro into a commercial product; or

2) sell or otherwise transfer the horse or burro in a manner that results in the destruction of the horse or burro for processing into a commercial product; or

3) euthanize the horse or burro, except on the recommendation of a licensed veterinarian in case of a severe injury, illness, or advanced age.

(d) Amounts appropriated by this Act shall not be available for --

1) the destruction of any healthy, unadopted, and wild horse or burro under the jurisdiction of the Secretary concerned (including a contractor); or

2) the sale of a wild horse or burro that results in the destruction of the wild horse or burro for processing into a commercial product.

PART ONE: ON-RANGE STANDARDS FOR GATHERS

COMPREHENSIVE ANIMAL WELFARE PROGRAM STANDARDS – DEVIL’S GARDEN

PLATEAU WILD HORSE TERRITORY ON-RANGE GATHER PROGRAM

Excess wild horses on the Modoc National Forest being herded by helicopter towards a trap site on Devil’s Garden Plateau Wild Horse Territory in 2016 (photo by Ken Sandusky, Forest Service).

Standard Definitions

Major Standards: Impact on the health or welfare of wild horses. They relate to alterable equipment or facility standard or procedure. Appropriate wording is “shall,” “unacceptable,” “prohibited.”

Minor Standards: Unlikely to affect wild horses’ health or welfare or involves an uncontrollable situation. Appropriate wording is “should,” “may.”

CAWP = Comprehensive Animal Welfare Program

Editorial Adaptations for: Developed by:

Modoc National Forest Bureau of Land Management Double Devil Wild Horse Corrals Wild Horse and Burro Program California Department of Food & Agriculture In collaboration with Premises ID: 00R4DSP Carolyn L. Stull, PhD and

Kathryn E. Holcomb, PhD University of California, Davis School of Veterinary Medicine

Part 1: On-Range Standards for Gathers 7

1. FACILITY DESIGN STANDARDS

All trap and holding facilities locations shall be approved by the Contracting Officer's Representative (COR) and/or the Project Inspector (PI) prior to set-up. The Contractor may also be required to change or move trap locations as determined by the COR/PI. All traps and holding facilities not located on public land shall have prior written approval of the landowner. The primary concern of the contractor is the safe and humane handling of all animals captured. All capture attempts shall incorporate the following:

A. Trap Site and Temporary Holding Facility

1. The trap site and temporary holding facility shall be constructed of stout materials and shall be maintained in proper working condition, including gates that swing freely and latch or tie easily (major).

2. The trap site shall be moved close to wild horse locations whenever possible to minimize the distance the animals need to travel (minor).

3. If jute is hung on the fence posts of an existing wire fence in the trap wing, the wire maybe either be rolled up and removed or let down and bundled together into a cable at ground level for the entire length of the jute in such a way that minimizes the possibility of entanglement by horses.

The COR/PI will assess the fences at each trap site. Upon consideration of the horse’s awareness of fencing in the area, overall behavior and excitability from helicopter driving, the COR/PI will determine and document whether this practice is necessary (minor).

4. Fence panels in pens and alleys shall not be less than six (6) feet high for horses and the bottom rail must not be more than 12 inches from ground level (major).

5. The temporary holding facility shall have enough pens available to sort wild horses according to gender, age, number, temperament, or physical condition (major).

a. All pens shall be assembled with capability for expansion (major).

b. Alternate pens shall be made available for the following (major):

c. Horses that are weak or debilitated

d. Mares with dependent foals.

e. An overly aggressive animal that could cause serious injury to other animals.

f. Horses in pens at the temporary holding facility shall be maintained at a proper stocking density such that when at rest all wild horses occupy no more than half the pen area.

(minor)

6. An appropriate chute designed for restraining wild horses shall be available for necessary procedures at the temporary holding facility. This does not apply to bait trapping operations unless directed by the COR/PI (major).

7. There shall be no holes, gaps or openings, protruding surfaces, or sharp edges present in fence panels or other structures that may cause escape or possible injury (major).

8. Padding shall be installed on the overhead bars of all gates and chutes used in single file alleys (major).

9. Hinged, self-latching gates shall be used in all pens and alleys except for entry gates into the trap, which may be secured with tie ropes (major).

10. Water shall be provided at a minimum rate of ten gallons per 1,000-pound animal per day, adjusted accordingly for larger or smaller horses and foals, and environmental conditions, with

Part 1: On-Range Standards for Gathers 8 each trough placed in a separate location of the pen (i.e., troughs at opposite ends of the pen).

Water shall be refilled at least every morning and evening (major).

11. The design of pens at the trap site and temporary holding facility should be constructed with no sharp edges (minor).

12. All gates and panels in the animal holding and handling pens and alleys of the trap site shall be covered with materials such as plywood, snow fence, tarps, burlap, etc. approximately 48 inches in height to provide a visual barrier for the animals. All materials shall be secured in place. These guidelines apply:

a. For exterior fences, material covering panels and gates shall extend from the top of the panel or gate toward the ground (major).

b. For alleys and small internal handling pens, material covering panels and gates shall extend from no more than 12 inches below the top of the panel or gate toward the ground to facilitate visibility of animals and the use of flags and paddles during sorting (minor).

c. The initial capture pen may be left uncovered as necessary to encourage animals to enter the first pen of the trap (minor).

13. Non-essential personnel and equipment shall be located to minimize disturbance to horses (major).

14. Trash, debris, and reflective or noisy objects shall be eliminated from the trap site and temporary holding facility (minor).

B. Loading and Unloading Areas

1. Facilities in areas for loading and unloading horses at the trap site or temporary holding facility shall be maintained in a safe and proper working condition, including gates that swing freely and latch or tie easily (major).

2. The side panels of the loading chute shall be a minimum of six (6) feet high and fully covered with materials such as plywood or metal without holes that may cause injury (major).

3. There shall be no holes, gaps or openings, protruding surfaces, or sharp edges present in fence panels or other structures that may cause escape or possible injury (major).

4. All gates and doors must open and close easily and latch securely (major).

5. Loading and unloading ramps must have a non-slip surface and be maintained in a safe and proper working condition to prevent slips and falls. Examples of non-slip flooring would include, but not be limited to, rubber mats, sand, shavings, and steel reinforcement rods built into ramps.

There shall be no holes in the flooring or items that can cause an animal to trip (major).

6. Trailers shall be properly aligned with loading and unloading chutes and panels such that no gaps exist between the chute/panel and floor or sides of the trailer creating a situation where a wild horse could injure itself (major).

7. Stock trailers shall be positioned for loading or unloading such that there is no more than 18 inches clearance between the ground and floor of the trailer. If animals refuse to load, it may be necessary to dig a tire track hole where the trailer level is closer to ground level (minor).

2. CAPTURE METHODS

A. Capture Methods That May Be Used In The Performance Of A Gather

1. Wild horses gathered on a routine basis for removal or return to range shall be captured by the following approved procedures under direction of the COR/PI (major).

Part 1: On-Range Standards for Gathers 9

a. Helicopter Drive Trapping.

b. Bait trapping.

2. Wild horses shall not be captured by snares or net gunning (major).

3. Chemical immobilization shall only be used for capture under exceptional circumstances and under the direct supervision of an on-call veterinarian experienced with the technique (major).

B. Helicopter Drive Trapping

1. The helicopter shall be operated using pressure and release methods to herd the animals in a desired direction and shall not repeatedly evoke erratic behavior in the wild horses causing injury or exhaustion. Animals shall not be pursued to the point of exhaustion (major).

2. The rate of movement and distance the animals travel shall not exceed limitations set by the COR/PI who will consider terrain, physical barriers, access limitations, weather, condition of the animals, urgency of the operation (animals facing drought, starvation, fire, etc.) and other factors (major).

3. Horses that are weak or debilitated will be identified by Forest Service staff, or the contractors.

Appropriate gather and handling methods shall be used according to the direction of the COR/PI (major).

4. The appropriate herding distance and rate of movement shall be determined on a case-by-case basis considering the weakest or smallest animal in the group (e.g., foals, pregnant mares, or horses that are weakened by body condition, age, or poor health) and the range and environmental conditions present (major).

5. Rate of movement and distance travelled shall not result in exhaustion at the trap site, except for animals requiring capture that have an existing severely compromised condition prior to gather.

When compromised animals that cannot be left on the range, where doing so would only serve to prolong their suffering, euthanasia may be performed in accordance with Forest Service policy (major).

6. Horses shall not be pursued repeatedly by the helicopter such that the rate of movement and distance travelled exceeds the limitation set by the COR/PI. Abandoning the pursuit or alternative capture methods may be considered by the COR/PI in these cases (major).

7. When horses are herded through a fence line enroute to the trap, the COR/PI shall be notified by the contractor. The COR/PI must determine the appropriate width of the opening that the fence is let down to allow for safe passage through the opening. The COR/PI will decide if existing fence lines require marking by contractor to increase visibility to horses (major).

8. The helicopter shall not come into physical contact with any wild horse. The physical contact of any wild horse by helicopter shall be documented by COR/PI along with the circumstances (major).

9. Horses may escape or evade the gather site while being moved by the helicopter. If there are mare/dependent foal pairs in a group being brought to a trap and half of an identified pair is thought to have evaded capture, multiple attempts by helicopter may be used to bring the missing half of the pair to the trap or to facilitate capture by roping. In these instances, animal condition and fatigue shall be evaluated by the COR/PI or on-call veterinarian on a case-by-case basis to determine the number of attempts that can be made to capture an animal (major).

10. Horse captures shall not be conducted when ambient temperature at the trap site is below 10 degrees Fahrenheit (F) or above 95 degrees F without approval of the COR/PI (major).

11. The contractor shall ensure that dependent foals shall not be left behind. Any animals identified

Part 1: On-Range Standards for Gathers 10 as such shall be recovered as a priority in completing the gather (major).

12. Any adult horse that cannot make it to the trap due to physical limitations shall be identified to the COR/PI by the pilot or contractor immediately. An inspection of the animal will be made to determine the problem and the COR/PI will decide if that animal needs to be humanely euthanized. The COR or PI may consult with on-call veterinarian prior to making determination (major).

C. Roping

1. The roping of any wild horse shall be approved prior to the procedure by the COR/PI (major).

2. The roping of any horse shall be documented by the COR/PI along with the circumstances.

Horses may be roped under circumstances which include but are not limited to the following:

reunite a mare and her dependent foal; capture nuisance, injured or sick wild horses or those that require euthanasia; environmental reasons such as deep snow or traps that cannot be set up due to location or environmentally sensitive designation; and public and animal safety or legal mandates for removal (major).

3. Ropers should dally the rope to their saddle horn such that animals can be brought to a stop as slowly as possible and must not tie the rope hard and fast to the saddle to intentionally jerk animals off their feet (major).

4. Horses that are roped and tied down in recumbency shall be continuously observed and monitored by an attendant at a maximum of 100 feet from the animal (major).

5. Horses that are roped and tied down in recumbency shall be untied within 30 minutes (major).

6. If the animal is tied down within the wings of the trap, helicopter drive trapping within the wings shall cease until the tied-down animal is removed (major).

7. Sleds, slide boards, or slip sheets shall be placed underneath the animal’s body to move and/or load recumbent horses. Ropes used for moving the recumbent animal shall be attached to the sled, slide board or slip sheet (major).

8. Halters and ropes tied to a wild horse may be used to roll, turn, position or load a recumbent animal, but a horse shall not be dragged across the ground by a halter or rope attached to its body while in a recumbent position (major).

9. At the discretion and approval of the COR, a healthy and resistant tied-down horse may be loaded onto the trailer by dragging with halter or rope around the neck in order for the handler to safely release the animal once loaded (major).

10. At the discretion of the COR, an animal captured by roping shall be evaluated by the on-call veterinarian within two hours after capture, marked for identification at the trap site, and re-evaluated periodically for 12 hours or longer if deemed necessary by the on-call veterinarian (minor).

D. Bait or Water Trapping

1. Horses may be lured into a temporary trap using bait (feed, mineral supplement, water) or sexual attractants (mares in heat) with the following requirements:

a. The time-period water sources, other than in the trap site, are inaccessible, must not adversely affect the wellbeing of wild horses, wildlife or livestock, as determined by the COR/PI (major).

b. Unattended traps must not be left unobserved for more than 12 hours (major).

Part 1: On-Range Standards for Gathers 11

c. Mares and their dependent foals must not be separated unless for safe transport (major).

d. Horses held for more than 12 hours shall be provided with accessible clean water at a minimum rate of ten gallons per 1,000-pound animal per day, adjusted accordingly for larger or smaller horses and foals and environmental conditions (major).

e. Horses held for more than 12 hours shall be provided good quality hay at a minimum rate of 20 pounds per 1,000-pound adult animal per day, adjusted accordingly for larger or smaller horses and foals (major).

i. Hay must not contain poisonous weeds, debris, or toxic substances (major).

ii. Hay placement must allow all wild horses to eat simultaneously (major).

2. All trigger and/or trip gate devices shall be approved by the COR/PI prior to capture of animals.

3. Finger gates must not be constructed of materials such as "T" posts, sharpened willows, etc., that may be injurious to animals (major).

4. Mares used as a sexual attractant will be in a pen securely separated within the trap from studs that enter the trap (major).

3. ANIMAL CARE

A. Veterinarian

1. On-call veterinary support will be provided for all helicopter gather and transport operations.

Call-as-needed support will be provided for bait trapping (major).

2. Veterinary support will be under the direction of the COR/PI. The on-call veterinarian will provide consultation on matters related to wild horse health, handling, welfare, and euthanasia at the request of the COR/PI. All decisions regarding medical treatment or euthanasia will be made by the on-site COR/PI (major).

B. Feeding and Watering 1 Adult horses held in traps or temporary holding pens for longer than 12 hours shall be fed every morning and evening, with water available at all times other than when animals are being sorted or worked (major).

2 Water shall be provided at a minimum rate of ten gallons per 1,000-pound animal per day, adjusted accordingly for larger or smaller horses and foals, and environmental conditions, with each trough placed in a separate location of the environmental conditions, with each trough placed in a separate location of the pen (i.e., troughs at opposite ends of the pen) Water shall be refilled at least every 12 hours (major).

3 Good quality hay shall be fed at a minimum rate of 20 pounds per 1,000- pound adult animal per day, adjusted accordingly for larger or smaller horses and foals (major).

4 Hay shall not contain poisonous weeds or toxic substances (major).

5 Hay placement shall allow all wild horses to eat simultaneously (major).

6 When water or feed deprivation conditions exist on the range prior to the gather the COR/PI may adjust the watering and feeding arrangements in consultation with the onsite veterinarian as necessary to provide for the needs of the animals (minor).

C. Dust Abatement Dust abatement by spraying the ground with water shall be applied, when necessary, at the trap site and

Part 1: On-Range Standards for Gathers 12 temporary holding facility (major).

D. Trap Site Dependent foals or weak/debilitated animals shall be separated from other horses at the trap site to avoid injuries during transportation to the temporary holding and sorting facility. Separation of dependent foals from mares shall not exceed four hours unless the immediate decision is made to wean the foals (major).

E. Temporary Holding Facility

1. All horses in confinement shall be observed at least once daily to identify sick or injured horses and ensure adequate food and water (major).

2. Dependent foals shall be reunited with their mares at the temporary holding facility within four hours of capture unless the COR/PI authorizes a longer time, or foals are old enough to be weaned during the gather (major).

3. Non-ambulatory horses shall be located in a pen separate from the general population and shall be examined by the COR/PI and/or on-call veterinarian as soon as possible, no more than four hours after recumbency is observed. Unless otherwise directed by a veterinarian, hay and water shall be accessible to an animal within 10 hours or sooner at the discretion of the COR/PI (major).

4. Alternate pens shall be made available for the following (major):

a. Horses that are weak or debilitated.

b. Mares with dependent foals.

5. Aggressive horses causing serious injury to other animals shall be identified and relocated into alternate pens when possible (minor).

6. Horses in pens at the temporary holding facility shall be maintained at a proper stocking density such that when at rest all wild horses occupy no more than half the pen area (minor).

4. HANDLING

A. Willful Acts of Abuse – The following are prohibited:

1. Hitting, kicking, striking, or beating any wild horse in an abusive manner is prohibited (major).

2. Deliberate driving of horses into other animals, closed gates, panels, or other equipment (minor).

3. Deliberate slamming of gates and doors on horses (minor).

4. Excessive noise (e.g., constant yelling) or sudden activity causing horses to become unnecessarily flighty, disturbed or agitated (minor).

B. General Handling

1. All sorting, loading, or unloading of wild horses during gathers shall be performed during daylight hours except when unforeseen circumstances develop, and the COR/CO/PI approves the use of supplemental light (major).

2. Horses shall be handled to enter runways or chutes in a forward direction (minor).

3. Horses should not remain in single-file alleyways, runways, or chutes longer than 30 minutes (minor).

4. No equipment shall be operated in such a manner as to cause flighty behavior by or injury to horses (minor).

Part 1: On-Range Standards for Gathers 13

C. Handling Aids

1. Handling aids such as flags and shaker paddles shall be the primary tools for driving and moving wild horses during handling and transport procedures. Contact of the flag or paddle end of primary handling aids with a wild horse is allowed. Ropes looped around the hindquarters may be used on horseback or on foot to assist in moving an animal forward or during loading (major).

2. Routine use of electric prods as a driving aid or handling tool is prohibited. Electric prods may be used in limited circumstances only if the following guidelines are followed:

a. Electric prods must only be a commercially available make and model that uses DC battery power and batteries should be always fully charged (major).

b. The electric prod device shall never be disguised or concealed (major).

c. Electric prods shall only be used after three attempts using other handling aids (flag, shaker paddle, voice, or body position) have been tried unsuccessfully to move the horses (major).

d. Electric prods shall only be picked up when intended to deliver a stimulus; these devices shall not be constantly carried by the handlers (major).

e. Space in front of an animal shall be available to move the horse forward prior to application of the electric prod (major).

f. Electric prods shall never be applied to the face, genitals, anus, or underside of the tail of a horse (major).

g. Electric prods shall not be applied to any one horse more than three times during a procedure (e.g., sorting, loading) except in extreme cases with approval of the COR/PI.

Each exception shall be approved at the time by the COR/PI (major).

h. Any electric prod use that may be necessary shall be documented daily by the COR/PI including time of day, circumstances, handler, location (trap site or temporary holding facility), and any injuries (to wild horse or human) (major).

5. TRANSPORTATION

A. General

1. All sorting, loading, or unloading of horses during gathers shall be performed during daylight hours except when unforeseen circumstances develop, and the COR/PI approves the use of supplemental light (major).

2. Horses identified for removal should be shipped from On-Range trap site/temporary holding pens to the DDC within 48 hours (minor).

a. Shipping delays for animals that are being held for release to range or potential on-site adoption shall be approved by the COR/PI (major).

3. Shipping should occur in the following order of priority; 1) debilitated animals, 2) pairs, 3) weanlings, 4) dry mares and 5) studs (minor).

4. Planned transport time to the DDC from the trap site or temporary holding pens must not exceed 10 hours (major).

5. Horses shall not wait in stock trailers and/or semi-trailers at a standstill for more than a combined period of three hours during the entire journey (minor).

6. FSM 2267.4 - Use of Motor Vehicles to Transport Excess Wild Horses and Burros.

The use of motor vehicles to transport excess wild horses or burros is acceptable, subject to

Part 1: On-Range Standards for Gathers 14 compliance with public meeting requirements (FSM 2267.1). Do not use motor vehicles for rounding up, driving, or chasing wild free-roaming horses or burros. Transport excess animals in a humane manner to minimize injury. The following guidelines apply:

a. Such transportation shall comply with appropriate State and Federal laws and regulations on humane transportation of horses and burros (major).

b. Inspect vehicles before use to ensure they are in good repair and of adequate rated capacity.

Do not use "possum belly" cattle trucks to transport wild free-roaming horses and burros (major; see also 5.B.1)

c. Unless otherwise approved by the authorized officer, limit the transportation of wild free-roaming horses and burros, in sequence, to a maximum of 10 hours in transit followed by a minimum of five (5) hours of on-the-ground rest with adequate feed and water (major; see also 5.A.4).

d. Operate vehicles carefully to ensure that excess animals are transported without undue risk or injury (major).

e. Where necessary and practical, sort animals by age, temperament, sex, size, and condition to limit injuries from fighting and trampling to the extent possible (major; see also 1.A.5).

f. Consider the condition of the animals, weather conditions, type of vehicle, and distance to be traveled when planning for transportation of captured animals (major; see also 6.A.

para. 4).

B. Vehicles

1. Straight-deck trailers and stock trailers shall be used for transporting horses (major).

a. Two-tiered or double deck trailers are prohibited (major).

b. Transport vehicles for horses shall have a covered roof or overhead bars containing them such that horses cannot escape (major).

2. Horses shall have adequate headroom during loading and unloading and shall be able to maintain a normal posture with all four feet on the floor during transport without contacting the roof or overhead bars (major).

3. The width and height of all gates and doors shall allow wild horses to move through freely (major).

4. All gates and doors must open and close easily and be able to be secured in a closed position (major).

5. The rear door(s) of the trailers shall be capable of opening the full width of the trailer (major).

6. Loading and unloading ramps must have a non-slip surface and be maintained in proper working condition to prevent slips and falls (major).

7. Transport vehicles more than 18 feet and less than 40 feet in length shall have a minimum of one partition gate providing two compartments; transport vehicles 40 feet or longer shall have at least two partition gates to provide a minimum of three compartments (major).

8. All partitions and panels inside of trailers shall be free of sharp edges or holes that could cause injury to wild horses (major).

9. The inner lining of all trailers shall be strong enough to withstand failure by kicking that would lead to injuries (major).

10. Partition gates in transport vehicles shall be used to distribute the load into compartments

Part 1: On-Range Standards for Gathers 15 during travel (minor).

11. The surfaces and floors of trailers shall be cleaned of dirt, manure, and other organic matter prior to the beginning of a gather. Floors of trailers shall have a non-slip surface with either or combination of cleats and rubber mats (major).

C. Care of Wild Horses during Transport Procedures

1. Horses that are loaded and transported from the temporary holding facility to the DDC shall be fit to endure travel (major).

2. Horses that are non-ambulatory, blind in both eyes, or severely injured shall not be loaded and shipped unless it is to receive immediate veterinary care or euthanasia (major).

3. Horses that are weak or debilitated must not be transported without approval of the COR/PI in consultation with the on-call veterinarian. Appropriate actions for their care during transport shall be taken according to direction of the COR/PI (major).

4. Horses shall be sorted prior to transport to ensure compatibility and minimize aggressive behavior that may cause injury (minor).

5. Trailers shall be loaded using the minimum space allowance in all compartments as follows (major):

a. For a 6.8 foot wide, 24-foot-long stock trailer, 12 to 14 adult horses can be loaded.

b. For a 6.8 foot wide, 20-foot-long stock trailer 10 to 12 adult horses can be loaded.

c. For a semi-trailer (1) 12.0 square feet per adult horse and (2) 6.0 square feet per dependent horse foal.

6. The COR/PI in consultation with the receiving Facility Manager must document any wild horse that is recumbent or dead upon arrival at the destination (major).

7. Non-ambulatory or recumbent wild horses shall be evaluated on the trailer and either euthanized or removed from the trailers using a sled, slide board or slip sheet (major).

8. Saddle horses are not to be transported in the same compartment with captured horses (major).

6. EUTHANASIA OR DEATH (MODOC NF DIRECTIVE, 9/5/2019)

A. Euthanasia & Humane Killing of Animal

Euthanasia for Reasons Related to Acts of Mercy, Health, and Safety:

The Forest Service is obligated to protect and manage wild horses and burros in accordance with the Wild, Free-Roaming Horses and Burros Act of 1971 (16 U.S.C. §§ 1331-40) and the regulations at 36 C.F.R. §§ 222.60-76. In providing for the welfare of these horses and burros, euthanasia and humane killing is sometimes required.

Euthanasia, from a veterinary medicine perspective, is defined as bringing about an intentional, humane death, in a manner which is as painless as possible, resulting in an immediate unconscious state, followed by quick death. In all situations, the chosen course of action must minimize the suffering and distress of the animal.

This Euthanasia and Humane Killing Protocol applies to wild horses and burros as defined by 36 CFR § 222.60 and does not cover domesticated and feral horses or burros.

No wild horse or burro should be released or shipped to a preparation or other facility with a pre-existing condition which otherwise requires release, euthanasia or has any potentially contagious disease (major).

Part 1: On-Range Standards for Gathers 16

Only employees delegated by the Forest Supervisor will authorize the release or euthanasia of a Wild Horse which requires euthanasia as an act of mercy when any of the following conditions exist:

1. A wild horse that will not tolerate the handling stress associated with transportation, adoption preparation, or holding (major).

2. Presence of a chronic, incurable, or contagious disease that could threaten other horses in the DDC (major).

3. Injury to a horse requiring regular care (more than one treatment per week) unless able to be fostered outside the corrals (up to 48 hours to identify a foster home) (major).

4. Lameness or serious physical defect (includes severe tooth loss or wear, club foot, unable to bear weight on all four legs, other severe acquired or congenital abnormalities, or vision loss in both eye) (major).

5. A Henneke body condition score less than three with a poor or hopeless prognosis for improvement (to include horses on- or off-range) (major).

6. An order from a state or federal animal health official ordering the humane destruction of the animal(s) as a disease control measure (major).

7. The animal exhibits dangerous characteristics beyond those inherently associated with the wild characteristics of wild horses and burros (e.g., animal exhibits dangerous behavior and is not able to be handled safely or poses risks to employees, public, or prospective adopters).

These decisions should be reviewed by the facility manager or a delegated line officer prior to euthanasia of the animal. Euthanasia of unusually dangerous animals is based on the following (major):

a. Unusually aggressive wild horses and burros can pose an unacceptable risk of injury to personnel when maintained in enclosed spaces where some level of handling is required.

b. When a horse or burro is unusually dangerous, it is reasonable to conclude that an average adopter could not humanely care for the animal as required by the regulations in terms of proper transportation, feeding, medical care and handling, and humane treatment. See 36 CFR 222.69 (c)(4)-(5).

c. In rare cases, animals on the range can also be dangerous to domestic animals and/or people.

d. When deciding to euthanize an animal because it is unusually dangerous, the Forest Supervisor or delegated employee, in consultation with a veterinarian or other individuals with expertise in animal care and behavior must determine that the animal poses a significant and unusual danger to people or other animals beyond that normally associated with wild horses and burros.

e. The delegated employee must document the aspects of the animal's behavior which qualify it unusually dangerous and include this documentation in the euthanasia documentation for the individual horse and appropriate wild horse territory.

NOTE: The decision to euthanize a horse shall be made by a delegated official. There is discretion in the assessment of injuries, illness, or other factors to determine the outcome. If there is a need, elevate any questions or concerns to the District Ranger or Forest Supervisor.

Part 1: On-Range Standards for Gathers 17

B. How Euthanasia Will Be Performed

1. Euthanasia will be performed in a dignified and discreet manner. Methods to be used include:

a. Injection of a lethal dose of a barbiturate derivative such as sodium pentobarbital solution.

Due to shallow, rocky soil limitations on burial depth in the area, pentobarbital is not recommended.

Injections will be administered by a veterinarian or technician working under the supervision of a veterinarian as may be dictated by state or federal regulations. are euthanized by injection of pentobarbital products. When injectable agents are used, the veterinarian supervising the euthanasia process is generally responsible for the carcass or should at least be consulted to ensure carcasses are properly disposed of so tissue residues do not threaten wildlife species which may be attracted to and consume blood or carrion from euthanized animals (major).

b. Gunshot to the brain of an animal which is calm and still, or humanely restrained.

Modoc NF personnel are not authorized to use this method, however federal, state, or local Law Enforcement Officers, and designated gather contractors are authorized.

A properly placed gunshot to the brain of an animal which is calm and still, or humanely restrained, instantly produces an unconscious state followed quickly by a painless and humane death. This method of euthanizing wild horses and burros requires only a minimum of handling and restraint; and, when performed on the range, drug residues may poison wildlife or enter the environment following carcass disposal are not a concern.

The optimal placement of a gunshot is from the front of the animal, perpendicular to the skull at a point one inch above the intersection of two imaginary diagonal lines drawn like an "X" from the outside comer of the animal's eyes to the outer base of the animal's ears. Typically, when euthanizing a wild horse or burro in this manner, the animal will be approached to within five-to-six feet and the gun will be held within a few inches or up to two-to-three feet from the animal (major).

c. As prescribed by a licensed veterinarian.

2. Following euthanasia, death shall be verified prior to moving the carcass for disposal. The animal should be examined for cessation of vital signs including pulse and rhythmic breathing. Complete pupillary dilation and a lack of the corneal reflex are other indicators death has occurred. Unconscious animals should be restrained, handled, and moved as if they were conscious until death is confirmed. Carcass disposal should be in accordance with state and local requirements, where applicable (major).

C. Humane Killing When Euthanasia is Not Performed

1. Humane killing is defined as humane destruction using body shots with a high powered rifle.

As recognized by the American Veterinary Medical Association (AVMA), circumstances exist with free-roaming wild animals where capture and chemical or physical restraint may not be practical prior' to euthanasia and may only serve to prolong or exacerbate the distress of an injured or suffering animal. Under these conditions, and when an animal cannot be approached within a few feet, humane killing, as opposed to euthanasia, may be indicated to end the animal's suffering as quickly and humanely as possible (major).

2. It is not appropriate to substitute the use of a high-powered rifle from a distance for euthanasia (i.e., using a gunshot to the brain) when an animal can be restrained. Nor is it appropriate to use a high-powered rifle during gathers or at horse facilities when a more conventional euthanasia technique may be applied. Even when a high-powered rifle will be

Part 1: On-Range Standards for Gathers 18 used, the individual performing the humane killing must have delegated authority to perform euthanasia, have authorization to use a firearm (major).

3. Humane Killing employs methods typically used when hunting big-game animals of North America. It is not appropriate to use smaller caliber (e.g., 5.56 mm) rifles or other weapons targeted at the brain from longer distances. High-powered rifles targeted at the heart/lung or shoulder areas of an animal standing still and at typical hunting distances will be used in this circumstance (major).

4. The recommended firearm for this routine use is a bolt-action, scoped rifle in a .30-06 caliber.

A .30-06 bolt action scoped rifle sighted in for 200 yards offers a predictable and ethical means of quickly killing a large animal in the most humane manner possible under these circumstances. Other firearm types and calibers with similar killing power (7mm magnum, .270, .308, .338 Winchester Magnum, etc.) may be used if they are familiar to the operator, however a .30-06 bolt action scoped rifle sighted in for 200 yards offers a predictable and ethical means of quickly killing a large animal in the most humane manner possible under these circumstances. Only hollow point or other controlled expansion types of bullets should be used to maximize tissue destruction and minimize the risk of ricochet (major).

D. Documentation and Reporting of Euthanized Animals

1. The Forest Service will maintain a record documenting the euthanasia or humane killing of any animal. Documentation should describe the health of the animal, reason for destruction, and any circumstances leading to the need for euthanasia(major).

2. A photo of the animal should be attached when feasible (e.g., of injury or poor health) (minor).

3. The death record will identify the animal by using a description and/or freeze mark if present, the date of the death, where the animal died and any other relevant details The record should state whether a veterinarian was consulted or participated in the euthanasia, and if so, identify the veterinarian and include a copy of the medical record if possible. The record must contain documentation showing the Forest Service employee that authorized the euthanasia had reviewed the record once it was complete (major).

4. An electronic copy of the death record will be maintained in the appropriate electronic filing system) within that year’s Wild Horse Gather Project File (major).

E. Carcass Disposal

1. The COR/PI must ensure that appropriate equipment is available for the timely disposal of carcasses, when necessary, on the range, at the trap site, and at the temporary holding facility (major).

2. Disposal of carcasses shall be in accordance with state and local laws (major).

3. Wild horses euthanized with a barbiturate euthanasia agent shall be buried or otherwise disposed of properly (major).

4. Carcasses left on the range should not be placed in washes or riparian areas where future runoff may carry debris into ponds or waterways. Trenches or holes for buried animals should be dug so the bottom of the hole is at least six feet above the water table and four to six feet of level earth covers the top of the carcass with additional dirt mounded on top where possible (minor).

PART TWO: OFF-RANGE STANDARDS FOR DOUBLE DEVIL

CORRALS

COMPREHENSIVE ANIMAL WELFARE PROGRAM STANDARDS – OFF-RANGE CORRAL

FACILITIES, TRANSPORATION, ADOPTION EVENTS and SATELLITE PICKUP

LOCATIONS

Devil’s Garden wild horses ready for adoption at Forest Service Double Devil Wild Horse Corrals.

Deficiency Definitions

Major Deficiency: Impacts welfare of wild horse and burros; usually is a procedure. Appropriate wording is “must,” “unacceptable,” or “prohibited.”

Minor Deficiency: a reporting deficiency (lack of, not enough detail) or involves and uncontrollable situation. Appropriate wording is “should.”

CAWP = Comprehensive Animal Welfare Program

Editorial Adaptations for: Developed by:

Modoc National Forest Bureau of Land Management Double Devil Wild Horse Corrals Wild Horse and Burro Program California Department of Food & Agriculture In collaboration with:

Premises ID: 00R4DSP Carolyn L. Stull, PhD and Kathryn E. Holcomb, PhD University of California, Davis School of Veterinary Medicine

Part 2: Off-Range Standards for Double Devil Corrals 20

PREFACE

The United States Forest Services (Forest Service), Modoc National Forest (MDF) manages Double Devil Wild Horse Corrals (DDC). The primary mission of DDC is to act as a holding, preparation and adoption facility for wild horses gathered and removed from Devil’s Garden Wild Horse Territory (DGWHT) and prepares them for adoption to the public. At times, DDC also accepts wild horses & burros (WH&Bs) from gather/removal operations on other Forest Service territories.

The design of the facility is organized to handle large numbers of horses with pens, corrals, alleys, and loading/unloading areas that facilitate animal movement. There are multiple pens and corrals to sort animals for compatibility and care upon arrival at the facility. Each pen or corral offers all animals continuous water accessibility and quality feed daily.

DDC strives to place wild horses removed from the range into private homes that provide quality care.

Horses placed in off-range corral facilities are made available to the public for adoption or sale with limitations. DDC transitions wild horses to hay diets, performs necessary vaccinations, vitamin & mineral supplements and deworming procedures, provides hoof care, and may train horses. Other wild horses, due to age, temperament, or other factors, may not be adopted or sold and subsequently are placed in sanctuary. Sanctuary facilities are designed to provide unadoptable wild horses with humane life-long care off the public rangelands.