Attorneys for Plaintiffs Hells Canyon Preservation Council and The Wilderness Society UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

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Benedict Oscar Woods
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1 Lauren M. Rule (ISB # 6863) ADVOCATES FOR THE WEST PO Box 1612 Boise ID (208) lrule@advocateswest.org Attorney for Plaintiff Western Watersheds Project Jennifer R. Schemm (OSB #97008) 602 O Avenue La Grande, OR (541) jschemm@oregontrail.net Brett Brownscombe (OSB #00477) 6975 N. Montana St. Portland, OR (503) brett@ortrout.org Attorneys for Plaintiffs Hells Canyon Preservation Council and The Wilderness Society UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO WESTERN WATERSHEDS PROJECT, ) ) Case No BLW Plaintiff, ) ) and ) ) DECLARATION OF HELLS CANYON PRESERVATION ) MICHAEL W. SCHLEGEL COUNCIL and THE WILDERNESS SOCIETY, ) ) Co-Plaintiffs; ) v. ) ) U.S. FOREST SERVICE, ) ) Defendant. ) )

2 I, Michael W. Schlegel with full knowledge of the penalties for perjury, declare as follows: 1. I currently reside in Donnelly, Idaho as a retired wildlife biologist and former wildlife manager with the Idaho Department of Fish and Game. I continue to work with wildlife, including bighorn sheep, on a contract basis as well as other capacities with various entities, including Idaho Department of Fish and Game. 2. I graduated from Oregon State University with a Bachelors of Science degree in Fish and Game Management in 1965, and a Masters of Science degree in Wildlife Management in From June, 1965 through April, 1970, I worked as an assistant in veterinary parasitology in the Department of Veterinary Medicine at Oregon State University, which involved considerable work with and research upon domestic sheep. I also worked during this time with the Oregon Department of Fish and Wildlife on bighorn sheep capture and relocation projects, where I collected and analyzed samples from the first sport hunt of bighorn sheep on Hart Mountain. 4. From May, 1970 through March, 1996, I worked for the Idaho Department of Fish and Game (IDFG). My duties with IDFG included research related to population dynamics of various wildlife species, capture projects related to several wildlife species, research on the role and responses of big game habitat to prescribed fire, and reviews of Forest Service timber sale proposals. I also represented IDFG in various planning efforts, and presented scientific papers and made many public speaking engagements. 5. IDFG promoted and transferred me to McCall, Idaho as the Regional Wildlife Manager in December of I had wildlife management responsibility in eight game management units, which included work collecting population data, analyzing harvest and DECLARATION OF MICHAEL W. SCHLEGEL - 1

3 population data, and making management recommendations for a variety of wildlife species, including bighorn sheep. During this time, I assisted with specific bighorn sheep and caribou projects in Idaho and Canada. 6. I worked with David Hunter, DVM Wildlife Veterinarian for IDFG, to radio collar, monitor, and collect blood, fecal, nasal and throat swabs from bighorn sheep in the Big Creek drainage during a population die-off in the late 1980 s and into the 1990 s. To better understand this die-off and the analysis of these samples, I did an extensive literature review and engaged in personal communications with veterinary medicine experts and other wildlife specialists with bighorn sheep experience, including Bill Foryet, PhD, Washington State University Department of Veterinary Medicine; Beth Williams, DVM and Tom Thorne, DVM, both with the Wyoming Game and Fish Department; David Jessup, DVM, California Department of Fish and Game; Dr. David Hunter; and wildlife biologists in the western states and Canada. In addition, I attended several bighorn sheep and mountain goat workshops. 7. During my employment as IDFG Regional Wildlife Manager, I reviewed the Payette National Forest s Environmental Assessments and Environmental Impact Statements for their various management programs, including domestic sheep grazing allotment proposals. 8. I retired from IDFG in March, Upon retirement I have worked for a variety of private and public entities. I have worked with the animal capture programs of Idaho Helicopter in Boise, Idaho and Hawkins and Powers Aviation in Greybull, Wyoming, which has involved the capture of bighorn sheep, burros, mule deer, antelope, elk, coyotes, wolves and feral cattle in Idaho, Utah, Arizona, New Mexico, Nevada and Oregon. I wrote the wildlife section of the Environmental Assessment for a land exchange between the Payette National Forest and the Brundage Mountain Company and the Environmental Impact Statement for the Brundage DECLARATION OF MICHAEL W. SCHLEGEL - 2

4 Mountain Companies Master Development Plan. I have also performed contract work for IDFG and the Oregon Department of Fish and Wildlife as part of their animal survey efforts, and I have completed wildlife work for Idaho Power Company as part of their hydropower re-licensing effort. 9. I have been a member of The Wildlife Society, an organization for professional wildlife biologists, since an receiving my undergraduate degree at Oregon State University. 10. Prior to becoming the Regional Wildlife Manager for IDFG in McCall, I was involved in several IDFG bighorn sheep capture and transplant programs in Idaho. Upon becoming the Regional Wildlife Manager in McCall, I began monitoring bighorn sheep populations in the lower South Fork of the Salmon River; the mainstem Salmon River from its confluence with the South Fork upstream on the south side to Painter Bar; the west side of the Middle Fork of the Salmon River from its confluence with the main Salmon River upstream to and including Brush Creek, and the Big Creek drainage. Also, during deer and elk surveys, I collected bighorn sheep data on the Idaho side of Hells Canyon. During my contract work with Idaho Power Company, I collected bighorn sheep population data on the Idaho and Oregon sides of the Snake River, from Hells Canyon Dam south. During this timeframe, I observed the decline in the McGraw Creek and Sheep Mountain bighorn sheep populations. The McGraw population is now extirpated. 11. The habitat potential to support and/or enhance bighorn sheep populations within the Snake River / Hells Canyon as well as the Salmon River drainages is tremendous, especially in light of recent wildfire activity. The Payette National Forest s recent Risk Analysis of Disease Transmission Between Domestic Sheep and Bighorn Sheep on the Payette National Forest has documented the disease transmission concerns regarding domestic and bighorn DECLARATION OF MICHAEL W. SCHLEGEL - 3

5 sheep. This document, and a follow-up Science Panel convened by the Forest Service, evaluated the risk of disease transmission from the Payette National Forest s domestic sheep grazing allotments to bighorn sheep, plus made management recommendations to avoid and/or prevent contact between domestic and bighorn sheep. I concur with the Risk Analysis findings related to the relative risk (very high, high, moderate, low, very low) of various Payette National Forest grazing allotments and the management recommendation to ensure separation between bighorn and domestic sheep. It is imperative that separation between the species exist in order to maintain and recover bighorn sheep populations and distribution across the Payette National Forest, including the affected Hells Canyon and Salmon River areas. 12. The Payette National Forest has known of the disease transmission concern between domestic and bighorn sheep for several years. It is apparent that, since becoming aware of the domestic-bighorn sheep conflict, the Forest has maintained the existing level of domestic sheep management. Changes to domestic sheep allotment management to date have not been adequate in protecting bighorn sheep populations in Idaho and Oregon. The resolution of this issue, in my opinion, is clouded by politics at both the state and national level. 13. I find it ironic that in Oregon all domestic sheep allotments with the potential of impacting bighorn sheep populations in the Hells Canyon Area have been eliminated by the Wallowa-Whitman National Forest, whereas in Idaho, the Payette National Forest and Nez Perce National Forest continue to allow grazing on domestic sheep allotments that have a demonstrated association with disease transmission to bighorn sheep. The Payette and Nez Perce National Forest s domestic sheep management thus nullifies all attempts of both the Oregon and Idaho wildlife management agencies to recover bighorn sheep populations in this large geographic area of high quality bighorn habitat. DECLARATION OF MICHAEL W. SCHLEGEL - 4

6 14. Unfortunately, the fact that domestic sheep allotments on the Oregon side of Hells Canyon have been eliminated has not provided protection for this area s bighorn sheep populations from domestic sheep-related disease issues. Domestic sheep allotments in Idaho on the Payette National Forest and Nez Perce National Forest near and within the Hells Canyon and Salmon River areas have been and will continue be a potential source for domestic/bighorn sheep contact and disease transmission. 15. Documented monitoring of bighorn sheep released in Oregon, specifically the releases near Hells Canyon Dam, McGraw Creek and Sheep Mountain, indicates migration of these sheep into Idaho. I have personally observed Oregon-released bighorn sheep in Idaho from the area south of Hells Canyon Dam to and including the Dukes Creek drainage. The migratory nature of bighorn sheep increases the potential for contact with domestic sheep and the subsequent disease transmission back to established bighorn populations in Oregon. The McGraw Creek and Sheep Mountain bighorn die-offs are two examples. 16. Also increasing the risk of disease transmission is the existence of domestic sheep straying. While conducting an elk aerial survey in Game Management Unit 22 in March, 2007, two domestic sheep were observed near the mouth of Kenny Creek; one just north of Kenny Creek and the other about a mile south of Kenny Creek. Kenny Creek is approximately six to eight miles south of Hells Canyon Dam on the Idaho side of the Snake River. Both were associated with mule deer groups. It was assumed these two sheep were strays from the Shirts brothers domestic sheep bands on the Smith Mountain allotment of the Payette National Forest. Communication between IDFG, the Payette National Forest, and the allotment permittees resulted in a decision to kill the sheep. Both sheep were killed, one of which was recovered and transported to the IDFG laboratory in Caldwell, ID for necropsy. (See Exhibit A) (results of DECLARATION OF MICHAEL W. SCHLEGEL - 5

7 necropsy). During previous aerial surveys, I have documented bighorn sheep in the Kenny Creek drainage, plus the area south from Kenny Creek to Lime Point Creek. This site is also directly east of the McGraw Creek bighorn sheep release. This indicates domestic sheep and bighorn sheep use of the same area, and thus the risk of disease transmission. 17. Within a few years of the extensive bighorn sheep die-offs in Hells Canyon during the late 1980 s, there was a progressive disease related die-off and population decline in the lower South Fork Salmon River and on the south side of the Salmon River, from the confluence of the South Fork upstream to the Painter Bar area, plus the Big Creek population. The timing and progression of this die-off is closely correlated with the 1980 s Hells Canyon die-off. This strongly suggests there is movement between bighorn sheep populations between the Snake River / Hells Canyon and Salmon River drainages, and/or there is contact with domestic sheep and subsequent disease transmission to bighorn populations within the Salmon River drainage upstream from Riggins. 18. The Big Creek die-off is an example of a bighorn population thought to be isolated from any potential of direct contact with domestic sheep, yet still succumbing to disease infection. Survey data I collected in Big Creek documented a population of greater than 200 bighorns during the late 1980 s, declining to less than 100. Samples from the Big Creek bighorn population documented a disease etiology similar to those documented between domestic and bighorn sheep elsewhere. The most logical source for the transmission of this infection is from migratory bighorn sheep that had direct contact with domestic sheep. This situation documents that valid concern exists over domestic/bighorn sheep direct contact and subsequent disease outbreaks over a large geographic area. Unfortunately, only one such direct contact incident may result in a major disease induced die-off within bighorn herds close to domestic sheep allotments DECLARATION OF MICHAEL W. SCHLEGEL - 6

8 as well as bighorn populations that are relatively isolated from direct contact with domestic sheep. Thus, due to the movement and interactions of bighorn sheep populations within the Snake and Salmon River drainages, it is imperative to eliminate the potential for direct contact between domestic and bighorn sheep in order to successfully recover and sustain bighorn sheep populations at or near their habitat potential. 19. For the reasons above, the Payette National Forest s conclusion in its Risk Analysis that domestic sheep grazing on high risk allotments is likely to impact individual bighorn populations in the Salmon River and Hells Canyon areas but not likely to cause problems for the overall Salmon River and Hells Canyon metapopulations is misplaced. The interactions between individual populations within a metapopulation do not support such a conclusion. 20. I reviewed and provided comment to the Risk Analysis initiated by the Payette National Forest. A Scientific Panel appointed subsequent to the Risk Analysis concurred with the need to modify and/or eliminate domestic sheep allotments in which there is the potential for domestic/bighorn sheep direct contact. Specifically the Smith Mountain and Curren Hill allotments near Hells Canyon were properly identified as problem spots. In the Salmon River drainage, the Risk Analysis correctly identified the Marshall Mountain, Bear Pete, and French Creek allotments as posing a high risk to bighorn sheep. In my opinion the Allison-Berg allotment on the Nez Perce National Forest is also of major concern. This Risk Analysis also documents that ongoing attempts to recover bighorn sheep populations in suitable habitats within the Hells Canyon Initiative Area and adjacent areas have failed, mainly because of disease related die-offs. Thus it is paramount to address the impact and potential for direct contact between domestic and bighorn sheep relative to domestic sheep allotments and movements DECLARATION OF MICHAEL W. SCHLEGEL - 7

9 (trailing and drive-ways) within or near these allotments on both the Payette and Nez Perce National Forests. 21. Recent wildfires within the Salmon River drainage upstream from Riggins, and within the Big Creek drainage, have greatly enhanced the habitat and the opportunity for bighorn sheep population increases and range expansion. To realize the long term benefit of this increased habitat potential, it is imperative to protect the existing and transplanted bighorn populations from the risk of transmitted diseases due to potential contact with domestic sheep. 22. I am aware the Payette National Forest has known for several years that disease induced die-offs in Oregon and Idaho bighorn sheep populations within the Hells Canyon area are directly related to bighorn/domestic sheep contact. This fact was reinforced recently in the results and recommendations of their Risk Analysis and the subsequent Science Panel review. Unfortunately their lack of responsive management changes to date have negated attempts by the Oregon and Idaho wildlife management agencies to manage bighorn sheep populations in the Hells Canyon area anywhere close to the habitat potential. 23. I feel the May turnout date for domestic sheep is a problem for bighorn sheep due to the fact that the domestic and bighorn sheep are attracted to the same areas because of phenology and the stage of plant growth/development. Thus, their use of the forage base will overlap their distribution if they are in close proximity. 24. In my professional opinion, bighorn sheep population numbers and distribution in the Hells Canyon area and the Salmon River drainage will remain in peril and considerably below the habitat potential, despite attempts to enhance them, until the risks of direct contact between domestic and bighorn sheep are eliminated on the Payette and Nez Perce National Forests. DECLARATION OF MICHAEL W. SCHLEGEL - 8

10 25. I have attached the following Exhibit to this declaration: A. A true and correct copy of a Laboratory Report from the IDFG Wildlife Health Laboratory (March 31, 2007), containing the necropsy results of a recently killed stray domestic sheep in the Hells Canyon area, which tested positive for Pasteurella. I declare under penalty of perjury that the foregoing is true and correct. EXECUTED this 15th day of April, s/ Michael Schlegel Michael W. Schlegel DECLARATION OF MICHAEL W. SCHLEGEL - 9

Case 1:17-cv CWD Document 7 Filed 10/18/17 Page 1 of 12

Case 1:17-cv CWD Document 7 Filed 10/18/17 Page 1 of 12 Case 1:17-cv-00434-CWD Document 7 Filed 10/18/17 Page 1 of 12 Laurie Rule (ISB # 6863) Elizabeth Hunter Potter (OSB # 105482), pro hac vice pending ADVOCATES FOR THE WEST P.O. Box 1612 Boise, Idaho 83701