Dr. “Tom’s” Lawsuit

In June 2009, South Dakota Division of Game, Fish and Parks (SDGFP) commissioner Tim Kessler proposed, without opposition from the other commissioners, but against the recommendation of the SDGFP, to raise the female cougar hunting quota to nearly double the previous year’s. He went on to say that he wanted to manage for reduction, not status quo or sustainability. He said that reduction [of cougars] was necessary to save poor kids and poor hunters from attacks (there have been no documented cougar attacks in the Black Hills), and that without a reduction in the cougar population, hunters will have nothing [deer & other game] to shoot. (No scientific data exists demonstrating that cougars are reducing the number of deer available to hunters.)

After failing in his efforts to find the reasons for the commissioners’ decision to reduce the Black Hills population, Dr. Tom Huhnerkoch of Mountain Cats Trust began to investigate Commissioner Kessler himself because he had been the only commissioner actually recommending the reduction of cougar numbers. Kessler was a dynamic figure who appeared to have great influence on the other commissioners, and Dr. “Tom” knew he’d been a commissioner for a long time. He went on to discover that Kessler had been a commissioner for 17 years, although the term limit for game commissioners in South Dakota is only eight years. Dr. Huhnerkoch filed suit reasoning that if the court determined that Kessler’s 17-year term as a commissioner was illegal, then possibly the commission’s decisions on cougar management might also be declared invalid.

The following is a Rapid City Journal news story reporting on Dr. Tom Huhnerkoch’s lawsuit.

GF&P commissioner who faced term-limit suit resigns

Rapid City Journal staff | Posted: Tuesday, May 18, 2010 5:15 pm

An Aberdeen man who has served on the state Game, Fish & Parks Commission has resigned after being sued by a frequent critic of the board.

Tim Kessler of Aberdeen first began serving on the GF&P board in 1992 and served under three governors.

“Tim has served with honor and has always come down in favor of what’s best for the state’s natural resources,” Gov. Mike Rounds said in a news release. “Now I have the task of finding a replacement. I need another Tim Kessler, but they are far and few between.”

Last month, Lead veterinarian Tom Huhnerkoch filed a lawsuit claiming Kessler should be removed from the commission because he served longer than the eight years allowed by state law.

Kessler joined the commission in 1992. He was off from January 2004 until he was appointed again in April 2005. Rounds appointed Kessler to a new four-year term last year.

When Huhnerkoch filed the lawsuit, he said he wanted to see whether the eight-year term limit had been exceeded, but also admitted he believed that Kessler had made poor decisions as a commissioner.

“The reason he’s got to go is he’s made some bad decisions, in my mind,” said Huhnerkoch, who took particular umbrage with Kessler’s push to increase the hunting kill limit on mountain lions in the Black Hills. Huhnerkoch has been a persistent opponent of the annual hunting season on cougars.

Kessler said that although he believes he wasn’t breaking term limits, he was stepping down from his post to avoid being a distraction to the commission.

“I know your lawyer reviewed my eligibility when you insisted I accept the appointment, and believe we could win the lawsuit,” he said in his resignation letter to Rounds. “Lawsuits take time and money, and rather than have this lawsuit become a distraction from the Commission’s business, I want to step down and let you appoint another person in my place.”

Dr. Tom Huhnerkoch and the Mountain Cats Trust

Dr. Huhnerkoch is the founder of the one-man charitable 501 (c) (3) organization, Mountain Cats Trust – http://sites.google.com/site/mountaincatstrust/mountaincatstrust . He would appreciate donations to help him in his work to ensure that a healthy population of cougars survives in the Black Hills and elsewhere in South Dakota. If possible, he would like the sport hunting of cougars to end. “Dr. Tom,” now retired, is a DVM who specialized in cats and is also an RN. He lives in Lead at the northern edge of the Black Hills of South Dakota and has been an active cougar supporter in the state since 1999 where he has made so many requests for data on cougar management that the South Dakota Division of Game, Fish and Parks (SDGFP) now restricts him to one query per year.

To support Dr. Tom’s work, send a check made out to Dr. Tom Huhnerkoch, 21315 Engelwood Rd., Lead, SD 57754 (605) 584-1958; ccats@mato.com

OVERVIEW
Launched in mid-2008, the Bay Area Puma Project (BAPP) is the first major study of mountain lions in the San Francisco Bay Area.  Felidae Conservation Fund, UC Santa Cruz, and the California Department of Fish and Game have teamed up for a 10-year research and conservation effort to increase our understanding of our native apex predator. Using innovative GPS-accelerometer collars, coupled with extensive outreach and education, BAPP seeks not only to study the Bay Area’s puma population, but also to build public interest and support for protecting this keystone species in its natural habitat, and thereby help ensure healthy and sustainable ecosystems.

CURRENT STATUS
• Loss and fragmentation of critical habitat
• Disappearance of puma movement corridors
• Compromised genetic diversity of population
• More frequent human-puma encounters
• More pumas killed crossing roads
• Livestock and pet casualties growing
• Depredation permits increasing
• Tensions building in local communities

The mountain lion is known by many names (puma, cougar, panther, catamount, shadow cat, ghost cat, screamer). Though it has the largest home range of any land animal, it has historically tended to avoid people. However, with persistent human population growth, especially in the Bay Area, human-puma conflict is on the rise.

As puma habitat and movement corridors are increasingly invaded by human development, more sightings and encounters with pumas are inevitable. Pumas are being killed more often by cars and depredation permits (issued when livestock or pets are attacked), and increasing news reports of puma encounters are driving growing public concern. With human encroachment continuing to degrade wildlife habitat, it is vital to address these issues before it’s too late. People must learn to co-exist with all species, in complete ecosystems, in order for the natural world to sustain for future generations.

RESEARCH OBJECTIVES
• Track, carefully capture and tag pumas for monitoring
• Generate GPS-accelerometer data on locations and body motions
• Analyze puma interactions with both the natural and human world
• Evaluate puma behavioral response to increased human activity
• Generate maps and animations showing key habitats and corridors

Previously, even basic facts about the Bay Area’s puma population were unknown. BAPP research will produce unprecedented understanding about this furtive species, including range, density, movement, feeding patterns, and the effects of human development, such as roads, on puma populations. Working with landowners and state agencies, BAPP scientists are using custom GPS-accelerometer collars to track and record pumas and their activities in 3D on a continual basis.

By analyzing the data and creating maps and animations, we can better understand the dynamics of the puma population, the critical role they play in maintaining the health and balance of the ecosystem, and the challenges this keystone species faces while traversing an ever more fragmented landscape. The insights gained from this research will enable us to develop new conservation and land use strategies to minimize human-puma conflict, and foster a healthy co-existence between humans and pumas in the region.

OUTREACH AND EDUCATION
• Local community meetings and involvement
• Classroom presentations and field trips
• Interactive online experiences

A key focus of BAPP is to build public understanding about pumas and ecosystems, and the effect of human activities on the natural world. In meetings with local communities, the BAPP team dispels fears and reassures residents by replacing myths with facts, and by helping people stay informed on the project and its findings.

In presentations and on field trips with Bay Area students, many of whom were raised in suburban settings with little or no connection to nature, learning about BAPP’s local wildlife science gives students a deeper appreciation for their environment, and encourages their commitment to creating a world that people and wildlife can share peacefully.

The Internet age has created entirely new avenues for projects like BAPP to reach young people. By offering a mobile game, an interactive web portal, and social networking activities, BAPP is reaching out to young people in their native digital tongue.

CONSERVATION GOALS
• Protection of movement corridors
• Permanent habitat preservation
• Increased awareness and support

BAPP’s primary goal is to convince local communities and policy makers of the importance of preserving wild pumas within the ecosystems of the Bay Area. If movement corridors are protected, healthy populations of the puma will sustain and ecosystems will remain in natural balance. And by permanently securing critical habitat, we can ensure that viable puma populations will persist, with minimal human encroachment.

One of the most important aspects of BAPP is raising awareness and support in the surrounding communities. BAPP is initiating a public dialog regarding pumas, Bay Area wildlife, and the fragile ecological balance that is rapidly vanishing. With better understanding, we can create a future where people appreciate the significance of protecting this treasure of biodiversity we take for granted.

HOW YOU CAN HELP
• Request an Event •
If you’re in a school or community organization, and you want your group
to learn more about pumas and BAPP, email info@felidaefund.org with  your suggestion for an event or presentation. We will arrange for a BAPP team member to visit your group and teach about pumas and the project.

• Offer to Volunteer •
We have a wide range of volunteer opportunities for motivated people who care about our local habitats and species. You can help us with events, create informational materials, develop technology, and much more. If you’re interested, send email to info@felidaefund.org and tell us about yourself.

• Spread the Word •
Another great way to help is to spread the word. We have a Facebook Group facebook.com/felidaefund and a Facebook Cause causes.com/felidaefund with the latest news and events. By joining these, and telling your friends, you can stay informed and help us preserve local pumas and their habitats!

• Make a Donation •
BAPP’s funding comes largely from concerned individuals, corporations and small foundations. The best way to make a donation is visit our site at www.felidaefund.org and select from a range of options for supporting the project, from our online donation page to our Adopt-A-Puma program.

To Learn More or Get Involved, visit www.BAPP.org and www.FelidaeFund.org

OPERATION BUY BACK THEIR LIVES WITH A LICENSE TO PROTECT

WWW.OreCat.org
PO Box 1183, Jefferson, Oregon 97352
503-743-2318

elderoak1@yahoo.com

OreCat@live.com

Responsible Oregonians For A Sustainable, Safe, and Humane Cougar Management Plan.  Looking ahead we strive to preserve the large predators that are the “Key Corner Stones” to a healthy management of Nature and ultimately how we will eat and live.  Could the loss of cougar in 36 States contributed to the colony collapse of our bees that threatens our food supply?

Oregon Cougar Action Team has been blessed with some of the most forward thinking and compassionate members any organization could hope for.  Individuals with capacity to re-imagine Oregon as a State tolerant of all our once rich biodiversity, bestowing upon our Natural resources the dignity long overdue them in the hopes to revive our once abundant ecosystems.  I hold credit to Mountain Lion Foundation for giving me 1800 hours of training, Professor William Ripple of OSU’s www.LordsOfNature.org research work, and the  innovative thinking of  OreCat members for designing the  program called “Operation Buy Back Their Lives With A License To Protect“.  If you can hold the following vision in your heart and mind, please join us today and use our ideas to create a Bill in your State.  We want you to copy us, we want you to use our ideas.  We want you to save your cougar.  Go to our website:  www.OreCat.org (503-743-2318) to learn more about this program we are promoting here in Oregon.  Join us, help us with funding, or start your own cougar program.  But most of all, support your fellow cougar organizations and unit with Mountain Lion Foundation with the possible goal of putting this great Cat on the endangered list.

Operation Buy Back Their Lives With A License To Protect is an innovate and forward thinking program that contributes not only to the reversal of our current planetary concerns, but contributes to healthy forests, clean air, and repaired watersheds. (see www.LordsOfNature.org and read “The American Hunting Myth”, by Ron Baker.

In Oregon today non-hunting individuals have no representation concerning our wildlife because there is no legal avenue open to influence the direction of policies taken by ODFW by paying them, as a hunter does, to manage uniquely for the interest of those who have paid ODFW to manage Oregon’s resources for their own desires.  If one individual can pay ODFW to kill wildlife, than another individual must have the right to pay ODFW to not kill wildlife.  Members of OreCat re-imagine Oregon ODFW respecting the rights of the none hunting individual who want to participate with the Natural resources that belong to all Oregonians, not an Oregon wildlife management program designed just on the whims of hunters.  With this plan an Oregonian would be able to buy a “license to protect” in order to create a balanced source of income from hunters and non-hunters.  The only element missing in all past approaches was the proposition of a course of income equal or superior to what ODFW gets from hunters.  As an example, licenses could be sold at all the same outlets as licenses to kill = and for the same amount!  Once all is sold, a tally could be made and from the 777 cougars that are property of ALL Oregonians, 500 may be bought back and saved.  Receiving money from non-hunters would curtail ODFW from recruiting more hunters (a really bad carbon imprint in the wilderness), relaxing regulations (a hay day for poachers), giving them more access to land (resulting in more private property damage and trespassing), and so on.  In paying ODFW, there is no doubt that the catastrophic situation for the cougars and other wildlife such as the declining bears and the horrific damage off road vehicles create, lead pollution from hunting ammo, private property damage, livestock killing, animal displacement from all the invasive activity the selling of over 500,000 licenses can cause as well as a huge carbon imprint this kind of killing obsession promotes; will be turned around.  Then those who cherish a living Oregon wildlife and healthy ecosystems would in essence become ODFW’s other “employer.”  For more information, visit www.OreCat.org or www.LordsOfNature.org, or call 503-743-231.   Jayne Miller, Director, OreCat

Levels of carbon dioxide have varied only between 180 and 300 parts per million over the last 800,000 years, until recent decades. The last time the modern atmospheric CO2 level of 387 parts per million was sustained occurred 15-20 million years ago.

The global warming tipping point has typically been defined as temperature increases above 2°C from pre-industrial levels or a 450 parts per million atmospheric concentration of greenhouse gases. The year 2050 is the date commonly set by scientists to achieve the GHG emission reductions necessary for climate stabilization. The emission reduction scenario set by California Assembly Bill 32 and Executive Order 5-3-05, whereby emissions are reduced to 1990 levels by 2020 and then to 80 percent below 1990 levels by 2050, is consistent with a GHG stabilization scenario in the +/- 450 ppm range.

California Historical & Projected July Temperature Increases 1961-2099

California’s oak woodlands provide habitat for nearly half of the 632 terrestrial vertebrates found in the state but they are under threat from development and climate change. Acorns are a key resource for 40 different wildlife species such as deer, squirrels, turkeys, jays, quail and bear. Standing dead trees are an important habitat resource in oak woodlands for animals including raptors, bats, salamanders, and lizards. Coarse woody tree material lying on the ground, particularly large logs, are a very important wildlife habitat element because they retain moisture in a relatively dry ecosystem. Oak woodlands near riparian resources like creeks, rivers or lakes support the greatest number of wildlife species.

Based on the latest University of California figures, it has been estimated that since 1990 California has converted 325,000 acres of oak woodlands habitat to non-forest use. The peer-reviewed publication Oaks 2040 found that up to 750,000 acres of oak resources are at risk of conversion by 2040 and calculates that in addition to habitat loss, “up to 33 million tons of sequestered carbon are at risk of entering the atmosphere should development processes eliminate these oak woodlands and forests, and their associated carbon pools.”

A recent scientific study found that, ‘‘California’s native plant species are so vulnerable to global climate change that two-thirds of them could suffer 80 percent reduction in their geographic range by the end of the 21st century.” University of California research examining the effects of California temperature increases on blue and valley oaks “found that the areas of the state where the climate is suitable for these species to grow will shift northward and could shrink to nearly half their current size as a result of global warming.”

Potential modern (light blue and brown) and future (brown and green) distributions of

blue oak and valley oak in California

Thus, the more oak woodlands are converted to non-forest use, the greater the rise in California temperatures and the greater the temperature increases, the faster oaks will disappear from the California landscape. Wildlife species dependent on oak woodlands habitat attributes will have no alternative but to migrate with the oak forests or perish.

California Wildlife Foundation/California Oaks Project

Oakland, CA 94612

www.californiawildlifefoundation.org

www.californiaoaks.org