WildEarth Guardians

Tuesday, July 26, 2005
Groups applaud Forest Service for taking action albeit delayed against Renagade Rancher: Forest Service files Notice of Impoun

Forest Service records show that among other violations, Abelardo Martinez failed to pay his grazing fees, failed to maintain fences, and failed to fix a broken section of fence that allowed his cattle to trespass onto a neighboring Hickey allotment.
Contact: WildEarth Guardians

Santa Fe, NM - Today, conservation groups applauded the Forest Service’s announcement that they have filed a “Notice of Intent to Impound Unauthorized Livestock” and plan to round-up trespass cattle that have been illegally grazing in on the Apache-Sitgreaves National Forest. The cattle belonged to the Martinez family, who had their permit cancelled last year for trespassing onto a neighboring grazing allotment, and refusing to sign their new permit. The Martinez have five days to remove their cattle before they are impounded.

Since that time, Martinez cattle have continued to graze illegally on the Pleasant Valley and Hickey Grazing allotment, damaging the land and feeding for free at public expense. The allotments are in the Greenlee County, northeast of the town of Clifton, just south of the San Francisco River. These allotments included habitat for the Chiricahua leopard frog, loach minnow, and spikedace, all listed as threatened under the Endangered Species Act.

“It’s a no-brainer,” said Mary Jo Miller, President of Arizona Wildlife Federation. “All of the Forest Service’s constituents - including neighboring ranchers - should be offended by this kind of trespass and it is fantastic that they are taking action to stop it.”

“No landlord should wait two years before evicting a tenant who failed to sign their lease, pay their rent and was vandalizing their property, said Billy Stern, Grazing Reform Program Coordinator for WildEarth Guardians. “Still, it is great to see the Forest Service finally taking steps to impound the cattle and prevent renegade ranchers from causing further damage.”

WildEarth Guardians, New Mexico Wildlife Federation, the Arizona Wildlife Federation and the Public Employees for Environmental Responsibility have been urging the Forest Service to take action since last fall, first with a letter requesting immediate action, followed by a 60-day notice of intent to sue, send on May 4, 2005, after the agency failed to act. The U.S. Fish and Wildlife Service was also noticed in the letter as they were informed about the trespass cattle and resulting damage to the threatened species, but have also failed to take any action against the owners of the livestock.

On August 31, 2004, Frank Hayes, the Clifton District Ranger of the Apache-Sitgreaves National Forest, cancelled Martinez’s grazing permit and ordered him to remove his cattle from National Forest lands within thirty days. Hayes writes, “It is essential that your livestock be removed from National Forest System Land as soon as possible in order to limit resource damage to threatened and endangered species habitat.”

“When I visited the area the impacts from grazing to Chiricahua leopard frog habitat where clear,” said Stern. (See the photos above.) “The parts of ponds fenced from cattle grazing had emergent - or water-rooted vegetation - that the frogs need to lay their eggs. The unfenced areas where the cows had access had almost no vegetation. You hear people saying that the Endangered Species Act isn’t working, that species aren’t recovering, but there is nothing wrong with the law itself. It simply isn’t being enforced by the Bush administration.

Forest Service records show that among other violations, Abelardo Martinez failed to pay his grazing fees, failed to maintain fences, and failed to fix a broken section of fence that allowed his cattle to trespass onto a neighboring Hickey allotment. Salt blocks were also placed on the Hickey allotment to encourage cattle to further trespass onto that allotment. In addition, Martinez and his son Dan also allowed their cattle to graze in pastures that were closed to cattle grazing in order to protect streams and stock ponds that provide habitat for the Chiricahua leopard frog, spikedace and loach minnow, species protected under the Endangered Species Act.

“We are tired of hearing the age old excuse that the Forest Service doesn’t have the resources to get the job done,” said Oscar Simpson of the New Mexico Wildlife Federation. “We hope that next time the Forest Service won’t take a year to stop illegal cattle grazing.”

WildEarth Guardians, New Mexico Wildlife Federation, and the Arizona Wildlife Federation represent more than 20,000 residents of the Southwest who believe public lands should be managed primarily for the protection of fish and wildlife.

For the Forest Service Press release and statements, call 928-333-4301.