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This Website is Dedicated to
Alvin Alexander Cheyne
January
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A
Primer On The Growth And Impact Of The Environmental & Animal
Rights Movement In The United States
An
address given at the Good Neighbor Forum in Greeley, Colorado
on
February 24, 2007
Environmental
and Animal Rights campaigns have become intermingled in the
United States over the past 35 years. This intermingling also
includes what
we call "Developed Nations" and the United Nations
utilizing a mixture of
"Treaties", "Conventions", and
"Commissions" such as the International
Whaling Commission. Environmental and Animal Rights
Non-Governmental
Organizations, both national and international are totally
integrated. They
attend each others' meetings, integrate their lobbyists and their
activities, place each others' activists in government positions,
lobby
politicians and bureaucrats with mutual proposals, share attorneys,
and are
generally indistinguishable either philosophically or in the
spectrum of
their willingness to do whatever it takes to achieve their goals.
Just as Wilderness Declarations reduce access to and management of
wildlife
and other natural resources thereby decreasing hunting and fishing,
so too
do elimination of trapping and hunting method restrictions reduce
wildlife
management as well as hunting and fishing. This then reduces
opposition to
future area closures or land purchases by government or NGO's.
Just as
Endangered Species taking of private property without compensation
led to
expanding dissolution of the Constitutional prohibition against such
taking
(think Kelso), so too did the Animal Welfare Act establish the
precedent of
animals no longer being property owned by citizens but merely a
favor to be
granted or not by government with whatever conditions government
deigns
(think Federal horse slaughter prohibitions, dog breeder
registration,
etc.). Initial promises (indeed laughing reactions) about not
"registering
each rat and mouse in labs", like similar laughing reactions to
all marine
mammals being protected and not managed upon passage of the Marine
Mammal
Protection Act, were just like promises about gun sale regulation
not
leading to gun control and then gun prohibitions like Washington and
Chicago. Just as the Marine Mammal Protection Act established
the precedent
of Federal takeover (from States) of any named species with the
promise of
management and continued use that is immediately repudiated after
Federal
control is established, so too are claims of the need for Federal
authority
to eliminate "Invasive Species" thinly disguised programs
to eliminate all
manner of wild and domestic species to both reduce their
availability for
use and justify more land and property control to restore
"Native
Ecosystems" that in turn demand more and more powerful
government
restrictions. All of these things create government
employment, increase
government budgets, generate votes, please unaffected urban
citizens, and
increase the power of government while adversely affecting rural
Americans,
Constitutional protections, liberty, and American sovereignty.
I am a retired Federal Wildlife Biologist. I also worked for
years as a
Federal Special Agent and Refuge Manager. For thirty plus
years I worked
for the US Fish & Wildlife Service in North Dakota, Minnesota,
Nebraska, New
York City and a final 20 years in Washington, DC where I worked in
the
Headquarters Office and spent a year as a Congressional Fellow as
well as
the Chief of Refuge Operations, Program Coordinator for the Animal
damage
Control Program, and Wildlife Biologist for most national wildlife
grants
involving state fish and wildlife agencies utilizing excise taxes
from arms
and ammunition. After being forced to retire because of my
international
work representing state fish and wildlife agencies' trapping
programs from a
threatened fur ban by the European Union, I testified three times
before
Congress concerning the theft of $45 to 60 Million of the excise
taxes by
the US Fish and Wildlife Service from state wildlife programs and
about why
Federal Invasive Species authority is a very bad idea.
This varied career, my various jobs, but particularly the period of
my work
made me an unwitting spectator to the emergence and spread of the
laws,
regulations and precedents of this Movement over the past 35 years.
It is
this phenomenon that I would like to address today.
Some say it began 100 years ago when the "Progressives"
were successful in
establishing the set-aside and purchase by the Federal Government of
lands
for "National Forests" and "National Parks" and
"National Wildlife Refuges".
To be sure, this precedent evolved much like the Environmental and
Animal
Rights activities we are familiar with today. First there is a
declaration
of an overwhelming problem (market hunting, unfettered logging,
destruction
of "national treasures", etc.) and then the believable
solution being "more"
and "greater" Federal control. Slowly and steadily
the annual addition of
more lands and the emergence of more "tools", i.e.
"easements", cooperative
agreements, requirements to get Federal funding, strings on funding,
conditions for other governmental permissions, etc. enlarged the
Federal
estate and the Federal presence. Then the change of
"mission" appears as
Congressional authorization language, and promised "multiple
uses" that
support rural communities and American enterprise are forsaken in
favor of
the whims of powerful forces such as Wilderness, Native Ecosystems,
Roadless
Areas, Critical Habitats, "Viewsheds", Invasive
Species, "Protection of
(fill-in-the-blank), etc. Who could have foreseen or made
people understand
that a "National Park" like Yellowstone, where there is NO
state authority
unlike nearly all other Federal lands, would one day6 be used as a
biological missile launch site where wolves could be forced on
unwilling
states and communities with all the impunity of a Royal Estate in
medieval
Europe?
Others say it began about 90 years ago when the same
"Progressives" passed
two Constitutional Amendments in the same year (1913) that made what
was
thought to be a subtle change, but in reality was a dramatic change,
to
American governance. The 16th Amendment gave Congress the unlimited
power to
"lay and collect taxes on incomes". The 17th
Amendment changed the way US
Senators were elected from "chosen by the (sic State)
Legislature" to
"elected by the people thereof". Time has shown in
so many instances, but
none perhaps as dramatic as the expansion of the Environmental and
Animal
Rights Movement, that the combination of unlimited Federal financing
for
whatever scheme Congress, the bureaucracy, and powerful NGO's desire
incorporated with the switch of US Senators (who approve Treaties
and
Judges) from advocates of the interests of their individual State to
advocates of national causes and wealthy NGO agendas that offer
money and
support for their reelection has jeopardized freedoms and societal
stability.
National social experiments started right after these changes and
continue
to this day. The Twenties saw the national affair with
Prohibition (the
18th Amendment) and watched the growth of gangsterism, corruption,
and tax
evasion: all on massive scales. The Thirties saw The New Deal
experiments
with socialism, central planning, and massive government
"assistance"
(always with "strings") in every nook and cranny of an
already stressed
national economy. While the Forties were consumed with wars and
subsequent
confrontations with the Soviets and China, the Fifties were the
decade of
United Nations' emergence as a broker between nations for
"peace" while soon
becoming a tool of "developed nations" to influence
"undeveloped nations"
and for NGO's to lobby to implement various agendas from gun control
and
population control to control of natural resources, land
development, and
living patterns through Treaties and Conventions and Commissions.
The
Sixties were a period of social turbulence and dissolution in the
United
States - war protests, flaunted drug use, sexual license, and
protests
against all manner of traditions were rampant.
I went to work for the Federal government in 1969. At that
time:
- All domestic animals were clearly understood as the property of
owners.
- Animal "Welfare" was a State and local government and
property owner
matter.
- Wildlife (with the exception of ducks, geese, songbirds, listed
Injurious
Wildlife, and those on the High Seas) was under State authority.
- Fish and marine mammals in State waters were under State
authority.
- Fish and wildlife on Federal lands were (with only a few minor
exceptions)
under the
jurisdiction of State government.
- Logging, grazing, hunting, fishing, and trapping were understood
to be
"sustainable uses" of "renewable" natural
resources.
- Federal agencies and Federal employees understood their
responsibility to
rural communities and the need for management of resources for their
sustainability and the good of the Nation. (This however has
never been
true of the National Park Service that has from the start in the
late 19th
century seen itself as founded and funded to eradicate hunting,
fishing,
trapping, logging, grazing, and simple citizen access to the PUBLIC
LANDS
known as National Parks.)
- Federal managers understood the clear meaning of the 5th Amendment
to wit,
"nor shall private property be taken for
public USE (my capitalization),
without just compensation."
- Animal "welfare" meant county or city dog pounds and
taking your pet to a
vet and "conservation" meant the wise management and
sustained use of
natural resources to benefit all people and to finance governmental
management.
In the early 1970's a "Perfect Storm" of governmental
vulnerability and
radical activism came together in this national environment.
Richard Nixon
was President and concerned with "healing" the turbulence
and social unrest
that resulted from Viet Nam and calming inflation. Democrats
controlled the
House of Representatives and the US Senate had evolved into a
"House of
Lords" where incumbency and dependence on national NGO support
all but
erased any assertion of state or local interest in what they pursued
or
opposed. This period spawned an abundance of Environmental and
Animal
Rights NGO's that have all grown richer, more powerful, and more
influential
to this day. A short list would contain The Wilderness
Society, The Sierra
Club, The Nature Conservancy, The Defenders of Wildlife, The Humane
Society
of the US, The Natural Resources Defense Council, Animal Welfare
Institute,
The Animal Protection Institute, The World Wildlife Fund,
Greenpeace, PETA,
ALF, ELF, and I include The National Wildlife Federation and The
Audubon
Society and sadly even Ducks Unlimited and other such fence
straddlers such
as The Rocky Mountain Elk Foundation and Trout Unlimited. Some of
the things
we are dealing with today began in this period of the 70's thanks to
these
groups lobbying and/or quiet support:
1972 - The Marine Mammal Protection Act (sponsored by a US Senator
from
Arkansas up for reelection that boasted that the best thing about
those
critters was that there weren't any within a thousand miles of
Arkansas so
no "Razorback" would be affected by any and all the
Arkansas
"environmentalists" would love it) put ALL marine mammals
(polar bears,
manatees, sea otters, seals, whales, etc.) under Federal authority
no matter
whether they were in state jurisdictions or not. This was
particularly
harmful to state fisheries (thanks to seal/sea lion/sea otter
predation),
state boating (manatees), and high seas fisheries (by allowing
uncontrolled
seal and whale and other marine mammal predation and numbers to
increase and
further impact distressed commercial fisheries). While promising to
allow
management and uses to continue when these animals reached
"optimum
sustainable populations" no such action has ever been taken.
To this day,
none of these animals are managed or used in any way or amenable to
any
state or community or international fisheries, needs.
Incidental-take of
porpoises in tuna nets or impacts of super abundant seals, sea
lions, and
certain whales like minkes on commercial fish species and those
species'
food chains (cod, salmon, lobsters, flounder, etc.) are politically
incorrect subjects ignored by researchers, bureaucrats, the media,
and
politicians.
1972 - The USA signs a Migratory Bird Treaty with Japan. Bird
species that
had formerly been excluded from similar Treaties with Mexico and
Canada such
as cormorants and hawk and owls are simply named without fanfare on
this
Treaty thereby taking them from state jurisdiction and placing them
under
exclusive Federal authority. Today, super abundant cormorant
populations
ravage hatcheries, commercial fisheries, sport fisheries, and
aquatic
habitats generally. Similarly hawks and owls (like marine
mammals) go
unmentioned as to the effects of their high populations on
songbirds, game
birds, mammals, and animal husbandry both in total and in keeping
distressed
populations like certain songbirds in a distressed (or worse)
condition.
Remember these super abundant hawks and owls when I get to the
"Endangered"
plovers and terns providing the legal excuse for Federal
intervention in
your live, communities, livelihoods, and future here in Eastern
Colorado.
Management is non-existent for hawks and owls and cormorant
"control" is
expensive and all but impossible for government or individuals under
Federal
restrictions and, like wolf control, given the magnitude and cost of
controls under current and future overpopulations. As with the
Marine
Mammal Protection Act and the subsequent Endangered Species and
Animal
Welfare Acts, state government and/or state bureaucracy cautions or
objections to these changes were non-existent or tepid at best.
1973 - The Endangered Species Act was passed. While studiously
avoiding the
clear implications of its' basis in a UN Convention recognized as a
"Treaty"
so that under the US Constitution a Treaty "shall be the
supreme Law of the
Land", the US Senate and President enthusiastically passed and
signed the
Act to great fanfare with talk of species like eagles and elephants.
There
was no indication of:
- Declared Critical Habitats "taking private property without
compensation".
- Sub-species, then Races, then Populations, then Population
Segments, then
Distinct Population Segments of individual species being listed
separately.
- Butterflies and mice and isopods being used effectively to stop
roads and
hospitals and necessary dam maintenance resulting in the loss of
human life
and property.
- Wolves (in spite of abundance in Alaska and Asia and Europe) being
forced
into the Rocky Mountain states and the Great Lakes states and the
Southwest
and Carolinas to ravage game populations, domestic stock, pets,
hunting, and
human safety with no recourse.
- The subtle perversion of state fish and wildlife agencies from
defenders
of state authorities, answerable to state politicians and therefore
you and
I, into Federal subcontractors responsible (like University
professors and
state highway administrators) for assuring that the school and/or
state
"gets every nickel due to us as soon as it is available"
from Federal
programs.
- Any model or intention of the current travesty of Listing under
the Act -
the polar bear.
When
the Act was passed 35 years ago, uninformed
environmental claims were that there were "only" 5,000
polar bears (this
intentional low-ball estimate was intended to generate sympathy and
support
for no polar bear hunting or importation of trophies). The
Marine Mammal
Protection Act has prohibited any Alaskan harvest, even though
desired and
justified, and made the importation of polar bear hides or parts
from
nations that conduct annual harvests all but impossible.
Today, with a
grudging claim of 25,000 polar bears worldwide (still a lowball
estimate)
the Secretary of the Interior proposes to "List" polar
bears because of
recent claims of ICE thinning. This is being done to lay the basis
for a
Recovery Plan that names Global Warming as the culprit here and (as
spotted
owl was to logging and the snail darter was to a dam) thereby
provide the
Movement lawyers with a precedent to enforce Kyoto by such ploys as
going
into US Court to increase new vehicle mileage requirements, stop
road
building, enforce public transportation, reduce industry, et al
because the
emissions "cause" Global Warming that is endangering
(under The Act) the
polar bear according to it's Recovery Plan. If you doubt this,
think back
to the impact of Listing the spotted owl on logging and roads and
local
economies. This latest precedent of hypothesizing about a
healthy animal
populations' candidacy for Listing based on assumed projections of
the
condition of one element of their habitat is insidious to say the
least.
1973 Roe v. Wade is decided by the US Supreme Court. Setting
aside the
simultaneous national actions of elevating animal legal protections
while
eliminating certain legal protections for humans, focus for a second
on the
rationale for the decision of the majority. The Justices
cited The
Griswold Decision's right to privacy (1965) as being based in large
measure
on Justice Douglas' assertion that "specific guarantees in the
Bill of
Rights have penumbras, formed by emanations". In a
separate dissent, Chief
Justice Rehnquist and Justice White rightly observed that in Roe v.
Wade
"The court simply fashions a new constitutional right" as
an "exercise of
raw judicial power." This increasingly accepted habit of
the Court to
fashion "new" rights and powers has greatly aided the raw
expansion of
Federal powers at the expense of state and local authority, and the
assumption of governmental authority over private property owners
and
citizens of practically every stripe in the intervening 30 plus
years that
concern us here. Remember that this bizarre legal notion of
the ideas of
whoever is in power writing and enforcing the "law of the
land" has been
implemented by Justices (judges) "approved" by a vote of
the US Senators now
elected by "the people thereof" instead of the "State
Legislature".
1976 The Animal Welfare Act was passed. This expanded the
notion that
animals were under the authority of the Federal government and not
private
property subject at best to reasonable state and local restrictions
based on
the safety, health, and welfare of human members of the communities.
It
laid the groundwork for taking Wild Horses from state jurisdiction
(1981),
Federal control subverting state authority over everything from dog
breeding
and clipping dogs' ears or bobbing their tails to the current
national
prohibition against horse slaughter. National attempts to
prohibit hunting
methods (bear baiting, hunting with dogs, trapping, etc.) or
cockfighting or
to limit the numbers of pets or to indeed (currently through the
courts)
declare certain animals as having the "rights of human
citizens" (The Great
Ape Campaign) thereby setting the stage for eliminating animal
ownership,
animal control, animal management, and animal use.
Other Acts such as The Wilderness Act (1964) and Conventions such as
the
International Convention on the Regulation of Whaling (1946) took on
a new
power and meaning in this environment. The synergism between,
say, placing
all marine mammals under complete protection from management and use
and US
policies regarding the rights of whaling nations to harvest abundant
whale
species either for food or to protect their fish stocks: or for
Wilderness
Declarations to increase Wilderness Areas in size and number while
losing
any need for any justification other than raw political power in the
face of
decreasing game populations and increasing catastrophic fires was
dramatic
to say the least. Mention of changes on National Forests or BLM
lands or in
marine fishery regulations in this regard could easily take a day to
explain.
Before we go on to mention examples of current Environmental and
Animal
Rights aberrations throughout American Society, we should keep in
mind this
foregoing history and what it wrought:
- US Senators that no longer represent states but themselves and
national
supporters (NGO's) as they approve Treaties, confirm judges, and
pass
legislation.
- A well-financed Federal government that is posting a 100-year
record of
growth.
- State governments and state bureaucrats that are increasingly
obedient to
national agendas (because of the promise of funds AND to avoid being
targeted as "anti-protection") that not only diminish the
state but
increasingly disadvantage rural Americans as national population
trends and
the concept that political power trumps Constitutional Guarantees
meant to
protect true societal minorities like hunters and ranchers, etc.
emphasize
urban values and notions nationally.
- A US Supreme Court that is open to changing interpretations based
on
"penumbras formed by emanations" of the compact between
the "governed" (who
wrote the Constitution) and the government that is thereby created
within
limits to carry it out.
- Immense Environmental and Animal Rights NGO financial power and
political
influence affecting the media, schools, institutions, international
relations, and government.
- An all-powerful Federal government bureaucracy tightly allied with
Federal
politicians, state bureaucracies, Universities, the UN, and NGO's.
- An extensive community of lawyers, lobbyists, and fundraisers
navigating a
sea of laws, regulations, programs, lawsuits, agreements, easements,
conventions, and intertwined legal authorities incomprehensible to
all but a
few and unintelligible to nearly all who try to learn about it on
their own.
- Billions of dollars in grants, tax preferences, payments,
easements,
resale of property to government, and all manner of incomes
dependent on and
intertwined with continued and growing Federal Environmental and
Animal
Rights controls of property and human activities. The lobby
groups this
created are far larger and more varied than most people understand.
We could talk now about wolves or about polar bears or about Section
7 or
about Federal or state agencies but time is limited. Instead
let's talk
about the Federal presence here in the Platte River Valleys in the
three
states.
Ranchers and farmers are every bit as much endangered by the
Environmental
and Animal Rights Movement as are hunters and fishermen and pet
owners and
loggers and so many others. In the case of farmers and
ranchers in the
Platte River Valley, you were in the crosshairs right from the
get-go. I
remember one coffee break shortly after my transfer to Washington
back in
the 70's. A fellow that was working with growing the
endangered species
program and who had been involved with getting Federal protection
for
cormorants perked up when another guy asked me about my work as a
Special
Agent when I was stationed in Grand Island, Nebraska. Before I
could talk
about Nebraska the endangered species guy went off about how
"those farmers"
were using up all the water "out there" with their
sprinkler systems and how
that needed to be stopped. I thought it was lucky that the
only endangered
species "out there" was the whooping cranes and they just
rested there
occasionally on their way North or South: otherwise this fellow and
his
chums at the UN (we knew then how they were all working together
back in
those days) would shut them down by declaring the area an
International
Wetland or some sort of Imperiled Ecosystem. Little did I
foresee what was
in store for the Platte Valleys.
You are under Federal controls over water and farm practices because
the
Federal government has declared that Platte River water, and the
groundwater
associated with it, is necessary for the survival of four endangered
species - the Whooping Crane, the Interior Least Tern, the Piping
Plover,
and the Pallid Sturgeon. Your interstate compacts and water
rights under
state laws and historic uses are just a few of the things now
subject to
Federal bureaucratic oversight and regulatory enforcement spawned by
the ESA
and manipulated by Federal bureaucrats. Let's look at these
four species
and the biological and political reasons that make them the venue
for this
Federal intrusion.
Whooping Cranes have been poster-children for the endangered species
program
for decades before there was an ESA gleam in a politician's eye.
I often
"babysat" them when I was a US Game Management Agent
stationed in Grand
Island, Nebraska. The thing to remember here is that the
Platte River
drainage is migratory habitat for these birds. They breed in
Canada and
winter in Texas. The importance of the Platte and associated
wetlands,
although historic, is not biologically critical. To use this
transitory use
for which alternate stops are available both N and S in their
migration is
really a political masterstroke as this well-known and long-accepted
endangered bird's "requirements" are politically incorrect
to question.
They could get by just fine on less surface water in Nebraska and
they are
quite capable of stopping further North (South Dakota) or South
(Kansas/Oklahoma) in fields, pastures, and wet areas as they migrate
from
Canada to the Gulf Coast of Texas.
Interior Least Tern is a Subspecies of the Least Tern. It is a
biological
chimera. Since the ESA was passed, the evolution of grant
availability to
Universities combined with the environmental lawsuits and
bureaucratic
agendas have perverted the "science" of taxonomy such that
the entire
concept of subspecies and race and populations is merely pandering
to
whatever generates funding, positions, tenure, bonuses, salary
increases,
and power. This subspecies is not, nor should it be a matter
of national
concern such that taking without compensation and all the rest are
applied
because of it. - See the NOTE at the end of the next paragraph. -
Piping Plovers are widespread breeding birds on Atlantic beaches
from the
Carolinas to the Gulf of St. Lawrence and So. Canada to and around
the Great
Lakes. They are also found breeding in the Missouri River and
Platte River
Valley. Up until 1962, the authority on "The Birds",
Roger Tory Peterson,
described them as two RACES of the same species and that the Birds
found
around "the Great lakes and Maritime Canada show
intergradations between the
two races". In other words they are all the same bird but
no matter, they
are dynamite land closers. They close down public Atlantic
beaches because
of nests that are usually destroyed by overabundant foxes and
raccoons and
cats. They are used to close down sandpits (actually their
preferred
habitat) in Nebraska when use of the pits is what makes them
attractive to
the birds. They never "blackened the skies" and
their current distribution
and numbers are not worthy of the societal stoppages they provide
various
factions.
NOTE: Instead of providing the basis for Federal power over all the
ranchers
and farmers and cities and water in the Platte River Basin, this
"tender
concern" for "Piping Plovers and INTERIOR Least
Terns", is merely an excuse
for more governmental power and the elimination of state
jurisdictions,
local communities, and rural economies. Long before there is
any such
ceding of absolute authority to unanswerable bureaucrats and
politicians ask
yourself why they do not and have not "controlled" avian
predators (hawks
and owls) and mammalian predators (raccoons, foxes, coyotes, skunks,
mink,
etc.) in and around the nesting areas of these birds? When the
Federal
overseers wanted to "establish" a "new" whooping
crane population in the
1970's in Grays lake, Idaho; they had no hesitancy to get EPA to
"authorize"
1040 (a poison to kill mammals like coyotes, wolves, and other
vermin) for
Federal use to kill the coyotes in the area that were eating the
young
whooping cranes. (The use of 1040 to protect livestock had
previously been
banned.) What's the difference? The answer is that opposition to
sensible
animal "control" and trapping or any mention of doing
anything with hawks or
owls trumps Constitutional guarantees of property rights, states
rights,
personal freedoms, rural families, and our right to live in peace
under a
government WE THE PEOPLE founded and limited to keep us free.
Rural folks
in the Platte Basin are worth less than certain birds or whatever
the
powerful Federal government determines it want to use as a basis for
more
power.
Pallid Sturgeons were described as having a critical need for the
lower
Platte in E. Nebraska. In fact, these sturgeons are little
researched and
are ubiquitous in the Missouri drainage and should be no more than a
concern
for Nebraska state fishery programs to census and manage as they see
fit in
the lower Platte. It is heartening to see the tender concern
of the Federal
government for these sturgeons. If only they had similar
concern for the
similarly "endangered" shortnosed sturgeon in the Potomac
River that was
Listed when The Act was passed and remain so today. For 20+
years the US
Army Corps of Engineers (who supplies water to DC) has dumped tons
of toxic
material in a flow 3' high and 8' wide twice a month for 6 to 8
hours
(usually at night) into the Potomac via underground pipes THROUGH a
National
Park with the full knowledge and quiet acquiescence of the US Fish
and
Wildlife Service and the National Marine Fisheries Service and the
Environmental Protection Agency and the state of Maryland and the
District
of Columbia ON THE ONLY SPAWNING GROUNDS OF THE
"ENDANGERED" SHORTNOSED STURGEON. This black sludge
dumped by the US Army Corps of Engineers etches the rocks along the
banks and is a very poisonous effluent from the settling ponds at
the water works that still includes dangerous chemicals in the soil
from the secret WW I poison gas and chemical weapons work done on
the NW
edge of Washington during the period when the Constitutional
amendments that
fund the federal government and made US Senators aristocrats were
passed.
The aerial photos of DC in this area during that period on file at
the
National Archives have been inexplicably cut up and excised.
When the
Federal government was sued in Federal Court to stop the pollution 5
years
ago, Park Service reports were destroyed and government lawyers
delayed and
obfuscated until the litigants had to give up because the cost
became
exorbitant. Anyone else would have been fined and imprisoned
for the clear
threat to the "endangered" sturgeons ONLY spawning area
but no Federal
employee was even admonished, no state lobbyists nor ANY NGO (State
lobby
group?, hunting or fishing conservation group?, NWF?, Sierra?, etc.)
joined
in the lawsuit or let out a peep during the lawsuit that went on
over two
years. The USFWS managers fished in that area (put and take
for sure),
lobbyists and environmentalists drove by the dumping every day, and
newspapers studiously avoided the topic. Try that down
around the mouth of
the Platte and see if you get the same non-reaction and
indifference!
Pallid sturgeons will do fine and move in and out of the Platte as
water
levels vary. Fishery management by state government can more
than provide
for their future without hammering farming, ranching, human
activities and
development in the Platte basin.
This all came home to me three years ago when I spoke to a group of
Nebraska
farmers in Grand Island. The USFWS and the National Park
Service were
trying to restrict their water use and accusing them of
over-fertilizing and
thereby polluting the Platte and groundwater. Both agencies
have designs on
land acquisition in that area and discouraging agriculture is
favorable to
those plans. The state government was little or no help.
The real source of the pollution was very likely the 2 million plus
birds
(ducks, geese, and cranes) that linger there in migration and often
over-winter. Their feces in fields and in the lagoons (where
they roost at
night) and on the bars in the River is significant but goes
unmentioned by
bureaucrats. While millions of birds repeatedly roosting in
the same
lagoons and loafing in the same fields goes unmentioned (like
millions of
resident Canada geese in schoolyards and parks do daily), look at
the
Feedlot Regs in the Federal Register. There are two Feedlot
Sections: one
for everything except duck and one for ducks. There are boxcar
loads of
research on domestic duck poop to justify Federal control (EPA
jurisdiction
and subsequent regulation development) over all domestic flocks of
over
5,000 ducks or more. You need to be licensed, inspected, have
double
treatment sprinklers and you are subject to large fines or being put
out of
business if you have any runoff even during a storm. Duck
producers are
generally fearful of and reticent to speak about Federal inspectors
and the
whole Federal threat to their livelihood. On the one hand
5,000 domestic
ducks are a big documented pollution and disease problem requiring
Federal
controls but on the other hand 2 Million wild birds or even 50 or
100
thousand wintering on a certain refuge pool (check out the water
quality
sometime at a Refuge holding lots of birds over the winter) is
undocumented
and ignored. Along those lines, read carefully those current
news releases
about the threat of Asian flu. While the Federal and state
bureaucrats are
"checking" wild birds for the flu, ask yourself why there
is never any
mention of what they will do if they find it. Will they kill
the infected
flocks as would be done instantly with chickens or turkeys (in
England as we
speak) or domestic ducks? If not: why not? Will they
haze the birds to
disperse them (and any infection)? What precautions have they
taken
vis-à-vis environmental/animal rights' lawsuits to frustrate any
necessary
actions to contain an outbreak? Once again, American citizens
are lesser
"animals" than whatever species or "system" the
Federal government (like the
worst Kings of old) chooses to make more valuable than some of us
or, indeed
eventually, all of us.
Platte River Valley residents are no different than west coast
loggers
harmed by the spotted owl or Idaho elk hunters harmed by wolves.
They are
likewise no different than rural Arkansas residents or the Florida
airport
runway advocates haunted by the imaginary and not seen for 65 years
Ivory-billed Woodpecker that Congress has allowed USFWS to spend
millions on
and courts have allowed to stop all manner of rural enterprise from
logging
and fishing to dredging and runway expansions. We are
all victims of the
very government excesses the dangers our Founding Fathers feared.
We have
been lax in defending our rights and that must change but what to
do?
Here are a few suggestions:
1.) Support and maintain strong state governments that advocate your
interests. Think through what it means to eliminate the
Electoral College
and what US Senators and Courts have become. Recently Canada
and Britain
have made their House of Lords (the model for our Senate) little
more than
ceremonial. This has resulted in Prime Ministers that rule the
Parliament
with no check on what laws they pass except the Courts. Except
all the
Supreme Court Judges are now appointed by the Prime Minister (who
controls
the majority of votes in the Parliament by definition) with no check
by
anyone else since the House of Lords has been lobotomized. In
our system we
NEED strong state governments, US Senators that represent our state,
and
Courts that follow the Constitution. We do not want to follow
Canada and
Britain into the same morass of socialism and Environmental and
Animal
Rights controls rampant in Europe, especially Western Europe.
2.) Know your issues. Forums such as this go a long way in
this regard.
3.) Talk to other groups like yours and understand why some things
succeed
and some fail and then act accordingly.
4.) Know where your politicians stand. Help your friends and
oppose your
enemies. To do any less only puts you in a deeper hole and
makes
accommodation and compromise more remote and unachievable.
5.) Understand that community values may vary regarding animal
treatment and
respect the freedom of others as you want them to respect yours.
Remember
this as the "Red/Blue Split" is discussed and trans-fat
bans and dog
ear-clipping bans and horse slaughter bans are ratcheted into place.
Work
to protect the rights of all minorities and they will work to
protect your
rights.
6.) Work to resolve real environmental problems as they arise (and
there are
admittedly many of them arising all the time) within the bounds of
our
Constitution and the freedoms, liberties, and rights that are the
envy of
the world. Work to keep domestic animals as private property
and wild
animals as natural resources to be managed and used susatinably and
passed
on to future generations. Rollback the States rights and
private property
rights seized by the Federal government in recent years.
7.) Determine your strengths and use them. Writing, speaking,
organizing,
and lobbying, are examples of a few such needs. Raising the
consciousness
of papers and politicians and radio listeners and teachers and
bureaucrats
is necessary and effective.
8.) Oppose Federal funding with funds Appropriated by Congress for
State
fish and wildlife agencies. This will only further diminish
this important
state function and make it a subcontractor of Federal intentions.
If you
like the ESA and MMPA and the Animal Welfare Act et al, you will
LOVE
Federal funding of your state fish and wildlife agency.
Monitor your state
agencies carefully, know what they are doing, and don't defer to
them as
"experts".
Questioning your bureaucracy is not improper and telling them what
to do
through your elected officials distinguishes us from dictatorships
and
socialist societies. They work for you!
9.) Assure that YOUR NGO's, be they agricultural or environmental or
conservation or whatever, represent YOU. Too often these NGO
employees are
looking to move into a government position or with some politician
and all
too often YOUR priorities are set aside for the personal gain of a
few. Don't
let that happen. Make "your" lobby group or
organization work to protect
the rights of others and don't let them tell you it is any more
expensive.
All it costs is "guts" and if they don't have that,
support those that do.
10.) Cultivate a new generation of heroes. Just as Teddy
Roosevelt is
remembered as starting the US Forest Service and National Wildlife
Refuges:
today we need politicians and leaders who will free us from
oppression by
wolves and the tyranny of silly subspecies and the taking of our
property
for hidden agendas. Perhaps one of you or one of your children
at home will
be such a person.
11.) Restore natural resource management and use education programs
in our
state universities.
12.) Restore a professional Federal and (in some places) state
bureaucracy.
The Federal agencies are grossly overstaffed and overpaid and too
powerful.
That said they are staffed with children of politicians, spouses of
appointees, high-paid officeholders with no duties, radical
activists and
the children of high-level managers thanks to the elimination of
qualifications, the elimination of entrance exams, Equal Opportunity
quotas,
and political tolerance and abdication of political
responsibilities.
13.) Remember two other government debacles of the past century,
Prohibition
and Welfare. Each was begun with high hopes to solve a
national dilemma.
Each created unintended consequences and advocacy groups with hidden
agendas. Prohibition created gangsterism and corruption of an
unimaginable
magnitude plus a range of secret lobbyists paying off politicians
and
bureaucrats to keep their gravy train running while everyone drank
more and
more. Welfare likewise created not only a dependent segment of
society and
a permanent core of lawless areas and criminal behavior while
destroying
families and likewise the sociologists and bureaucrats and
contractors and
providers and university researchers all lobbied for
"more" as the answer.
Today Prohibition has been killed by a Constitutional Amendment (no
small
fete ala The Equal Rights Amendment defeat) and one of Rudy
Giuliani's
bragging points as he runs for President is that "he reduced
the Welfare
rolls in New York by X hundred thousand". If Prohibition
and Welfare can be
defeated and even bragged about (while reducing drunkenness and
helping
those truly in need to get back on their feet and encouraging more
family
and Church charity) we can defeat The Environmental and Animal
Rights
Movement while providing a pleasing and productive environment and
treating
animals as we see fit for our benefit in a free and open society
where each
of us protects the rights of others who in turn protect our rights.
In closing, I am reminded of a USFWS economist who was working on
the
Economic Impact of Listing the spotted owl many years ago. He
was
complaining one Monday about having had to come in over the weekend
to work
on the spotted owl Economic Impact document. When asked why,
he responded
"Congress had sent down word on Friday that under no
circumstances was the
Economic Impact of Listing the spotted owl due to Congress by Monday
to
exceed $100 Million". Well, he knew then, as we know now
that the economic
impact far exceeded $100 Million but this undocumented demand was
politics
to be dressed up, like lipstick on a pig. When he was then
asked how do you
do that, he responded with a grin "you just have to redo your
thinking".
Maybe we have to do the same.
Jim Beers
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