Re: [SWR] Background on the FOIA request to BLM
Louise, we should keep this discussion civil and out in the open. Mr. Juen has many issues on his plate, but this particular issue has existed long enough to remove from the emergency set of procedures and brought to the fully prescribed requirements for restricting access along with rationale surrounded by reason and logic and not conjecture and fear. My clues: 5 U.S.C. § 552 - Freedom of Information Act 5 U.S.C. § 552b - Sunshine Act We are asking for respectful communication regarding this issue, and in no way intend to harass the director. -Jeff- On Sat, May 24, 2014 at 10:48 AM, Louise Power power_lou...@hotmail.comwrote: Jeff, Just what is it you think the State Director does? Do you think this is the only issue on his agenda? Seems like you don't have a clue. Get back to me when you have a better perspective. Louise ___ SWR mailing list s...@caver.net http://lists.caver.net/cgi-bin/mailman/listinfo/swr ___ This list is provided free as a courtesy of CAVERNET
[Texascavers] RE: [SWR] Background on the FOIA request to BLM
To all: Nobody is trying to abridge anyone's constitutional freedoms. Only to point out that there are ways of exercising them that are more productive than others. Email bombing and bullying are not productive ways of dealing with any executive. I'm done with this conversation. Nothing productive is being said at this point and I'm tired of being email bombed and bullied and I'm not even an excutive. I'm just a nice person who used to be a very active caver in the 60s and 70s. I no longer want to be the object of your whiney, I'm being so abused, I can do and say whatever I want rants. Ask yourself, does anybody really care! According to your complaints, possibly not, and certainly not me any more. Let's find something else to talk about. Louise Subject: Re: [SWR] Background on the FOIA request to BLM From: pagan...@comcast.net Date: Sun, 25 May 2014 11:06:57 -0600 CC: power_lou...@hotmail.com; s...@caver.net To: lobofl...@gmail.com Jeff and Louise, In reading your open discussion of your previous e mail below, I offer this, also keeping it open: This is amendment I of the US Constitution, part of the Bill of Rights: Amendment I of the US Constitution:Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.The last three sentences are what it seems to be all about and beginning to happen here: freedom of speech or of the press, the right to send e mails as often as we like; the right to peaceably assemble-as at the regional or any other way we like; last and most important of all, the right to petition the Government for a redress of grievances. i.e. an FOIA regarding the policies of cave closure and WNS. As for anyone stating that you don't have a clue, I again refer to the Constitution of the United States, especially the part about to petition the Government for a redress of grievances. It states nothing about the workload or anything else for whom the petition is directed. As in my previous e mail dated 05/24, which I now include in this discussion: To set the record straight: Bullying, or being bullied, according to www.meriam-webster.com, is to treat abusively, to affect by means of coercion, to use browbeating language or behavior. Filing a FOIA request, or having one or 10,000 individuals send respectful e mails to one or more BLM and or state officials is not bullying. To paraphrase Lynda Sanchez in a recent post, it is a beautiful part of this country- TO BE HEARD, whether in a town hall meeting, or as an individual participating in threads on the SWR list-or sending a respectful e mail request to a BLM or for that matter any government official-it is YOUR RIGHT. EXERCISING THAT RIGHT ALLOWS YOU TO KEEP THAT RIGHT. When policies, procedures, or laws are clearly unjust, there are ways in which to ask that they be rectified. When we as a people, or in this case as a community of cavers, allow ourselves to be administered to by BLM or ANY government administrator in ways we perceive to be unjust, and DO NOT stand up (respectfully) to be heard, we lose part of ourselves. We become less of a democracy. We become less of ourselves. FYI regarding respect:It is Mr. Jesse Juan, STATE DIRECTOR of the BLM. He has earned that title, and should be addressed as such, as should any government official e mailed to. Filing of the FOIA, and the sending of e mails to BLM and hopefully to State Officials, is democracy at its best. There should be never be any fear of doing so. Nor should there be any hesitation either. Further, yes, keeping it civil is what it's all about. A person's workload and priorities, or what they have on their agenda, are irrelevant. How many e mails a government official gets regarding a petition for redress of grievances, is absolutely relevant. It is an indicator of the opinions and values, likes and dislikes of the people they serve in the position they occupy, in this case for those who use PUBLIC LANDS- for whom they set policy, and work for. Finally, as for a better perspective: seems that that has already been taken care of-about 214 years ago (final state ratification of the US Constitution). An FOIA request, and respectful, relevant-to-the subject e mails, to key-policy Government and (hopefully) State officials seems to be the proper, finest, and very necessary mode of discourse-referring once again to the last words of Amendment I, . to petition the Government for a redress of grievances. As has been stated, it is far time that this is done regarding the policies of the BLM regarding WNS and cave closures. Carl…... On May 24, 2014, at 6:52 PM, Jeff B. wrote:Louise, we should keep this discussion civil and out in the open. Mr. Juen has many issues on his plate
Re: [Texascavers] RE: [SWR] Background on the FOIA request to BLM
Hi Louise! Having worked for local and state government in two countries (Texas and East Germany), and for multiple agencies, your feed back has been spot on as to how to handle delicate and productive communications to these agencies. In my opinion, you have never once suggested not exercising ones freedom of speech, only provided excellent feedback on how to make exercising this right productive. I have found these listservs to be hot buttons for those who have knee jerk reactions, if not just being jerks in general. The original thread about the FOIA should have been applauded and read thoroughly to realize that the response to all of the valid FOIA requests will take a significant amount of time. It's very unfortunate that others do not understand the process, and did not find your professional insights valid. Contacting you personally with harsh criticism is not warranted, justified or going to make a difference. I appreciate you putting a stop to this thread and being willing to continue to contribute your knowledge to the group on future topics. Wishing you a peaceful rest of your holiday weekend. I look forward to your professional and thoughtful future contributions. - julia germany - from julia's cell On May 25, 2014, at 19:13, Louise Power power_lou...@hotmail.com wrote: To all: Nobody is trying to abridge anyone's constitutional freedoms. Only to point out that there are ways of exercising them that are more productive than others. Email bombing and bullying are not productive ways of dealing with any executive. I'm done with this conversation. Nothing productive is being said at this point and I'm tired of being email bombed and bullied and I'm not even an excutive. I'm just a nice person who used to be a very active caver in the 60s and 70s. I no longer want to be the object of your whiney, I'm being so abused, I can do and say whatever I want rants. Ask yourself, does anybody really care! According to your complaints, possibly not, and certainly not me any more. Let's find something else to talk about. Louise Subject: Re: [SWR] Background on the FOIA request to BLM From: pagan...@comcast.net Date: Sun, 25 May 2014 11:06:57 -0600 CC: power_lou...@hotmail.com; s...@caver.net To: lobofl...@gmail.com Jeff and Louise, In reading your open discussion of your previous e mail below, I offer this, also keeping it open: This is amendment I of the US Constitution, part of the Bill of Rights: Amendment I of the US Constitution: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. The last three sentences are what it seems to be all about and beginning to happen here: freedom of speech or of the press, the right to send e mails as often as we like; the right to peaceably assemble-as at the regional or any other way we like; last and most important of all, the right to petition the Government for a redress of grievances. i.e. an FOIA regarding the policies of cave closure and WNS. As for anyone stating that you don't have a clue, I again refer to the Constitution of the United States, especially the part about to petition the Government for a redress of grievances. It states nothing about the workload or anything else for whom the petition is directed. As in my previous e mail dated 05/24, which I now include in this discussion: To set the record straight: Bullying, or being bullied, according to www.meriam-webster.com, is to treat abusively, to affect by means of coercion, to use browbeating language or behavior. Filing a FOIA request, or having one or 10,000 individuals send respectful e mails to one or more BLM and or state officials is not bullying. To paraphrase Lynda Sanchez in a recent post, it is a beautiful part of this country- TO BE HEARD, whether in a town hall meeting, or as an individual participating in threads on the SWR list-or sending a respectful e mail request to a BLM or for that matter any government official-it is YOUR RIGHT. EXERCISING THAT RIGHT ALLOWS YOU TO KEEP THAT RIGHT. When policies, procedures, or laws are clearly unjust, there are ways in which to ask that they be rectified. When we as a people, or in this case as a community of cavers, allow ourselves to be administered to by BLM or ANY government administrator in ways we perceive to be unjust, and DO NOT stand up (respectfully) to be heard, we lose part of ourselves. We become less of a democracy. We become less of ourselves. FYI regarding respect: It is Mr. Jesse Juan, STATE DIRECTOR of the BLM. He has earned that title, and should be addressed as such, as should any government official e mailed to. Filing of the FOIA
[Texascavers] RE: [SWR] Background on the FOIA request to BLM
Of course, anyone who has worked on these sort of federal issues also knows that sometimes the agencies need counteracting pressures, like a FOIA request, to let them do the right thing. Way to go, SWR! Reasonable federal officials (and most are reasonable, well-meaning people) will not see a FOIA request as a confrontation action..just citizens exercising their rights. Louise D. Hose 713-816-5259 From: Louise Power [mailto:power_lou...@hotmail.com] Sent: Thursday, May 22, 2014 2:50 PM To: Ken Harrington; Steve Peerman; SWR Cavers; texas cavers Subject: RE: [SWR] Background on the FOIA request to BLM Just remember what your mama told you, You can get more flies with honey than vinegar. Be nice. BLM employees are people, too. You probably have no idea the problems they have to cope with. Irate cavers, like irate ranchers, not being the least of these.
Re: [SWR] Background on the FOIA request to BLM
Steve: Many thanks for the additional information of the SWR FOIA to the BLM, I support whole heartily. See you in the Black Range. Sam Bono On Thu, May 22, 2014 at 1:51 PM, Steve Peerman gypca...@comcast.net wrote: All, On Tuesday, May 20, 2014, our SWR Vice-Chair, Jim Evatt notified the membership in the SWR, through the SWR mailing list, that a Freedom of Information Act (FOIA) request had been filed by the SWR for information related to the BLM's management of the threat of White Nose Syndrome (WNS). This act, arguably the most significant act taken by the SWR for a generation, is the result of a string of events over the last several years. I want to give the membership some of the background that led up to this request. As most everyone knows, WNS is a debilitating condition that has affected hibernating bats, primarily in the eastern United States and Canada, causing very high mortality rates in the bat colonies from the fungus that causes it. *(P. destructans).* The first evidence of WNS came from Howe Caverns, a commercial cave in New York, in 2007.An initial thought was that perhaps a caver from Europe possibly brought this fungus to the United States by visiting the cave with clothes that were contaminated with the fungus. As more and more evidence accumulated of the devastating effects of WNS to bats, the US Fish and Wlldlife Service developed guidelines for the various cave management agencies to use regarding the potential spread of WNS. These guidelines included recommendations to close caves and abandoned mines to human entry because of the possibility that humans may be a significant vector to the transmission of the condition. In January of 2011, the NM BLM published a Federal Register Notice of Temporary Closure of 28 caves in New Mexico known to have significant bat populations, probably as a direct result of a report of an infected bat in the neighboring state of Oklahoma. That Temporary Closure was for 2 years only and expired in January of 2013. At the 2012 Winter Tech, Ms. Marikay Ramsey (BLM bat biologist) announced the intent of the BLM to renew the closure. In January of 2013, at a special meeting in Albuquerque, Jim Goodbar, National BLM Cave Program lead, again discussed that intent, and also mentioned that 3 of the caves previously closed would be re-opened. The BLM revealed that it was delegating the management of caving activities under the threat of WNS to a state-wide Cave Management Team. Cavers waited for the announcement that the Temporary Closure was being renewed, or that a new Temporary Closure was being instituted. This didn't happen (and hasn't happened to date). Instead, the BLM merely said that the caves are closed. Cavers inquiring about the closure were told that BLM didn't need to have a Federal Register Temporary Closure because the cave specialists could merely refuse to issue permits. This management plan, if it can be called that, for the BLM caves that were previously closed by Federal Register Notice persisted for another year, as cavers became increasingly dissatisfied with how the caves were being managed. Meanwhile more research was being done on WNS; research that demonstrated that bats were very good at transmitting WNS from one to another, but that humans ere not very good at spreading the fungus. In fact, we know of no credible evidence that WNS has been spread from one cave to another by humans. At the spring SWR regional on April 12, 2014 there was a significant discussion of the BLM's continuing stand that they could close the caves by just saying they are closed and what to do about it. One idea was to ask for permits for some of the closed caves in order to bring the issue to the forefront. This was done by several folks, including Dave Belski and Stephen Fleming, who both requested recreational permits to Fort Stanton Cave. Both were denied. On May 6, 2014 the Oklahoma Department of Wildlife Conservation announced that the previous report of a WNS bat in Oklahoma was a false report, and that no WNS infected bats had been detected in New Mexico. On May 9, BLM's Chief of Communications issued this statement to the SWR mailing list: *BLM New Mexico White-Nose Syndrome Closure Strategy Update* *May 2014* BLM New Mexico is evaluating the new information released by the National Wildlife Health Center about the Woodward County, Oklahoma bat originally tested in 2010 being now reclassified as negative for*Pseudogymnoascus (*formerly *Geomyces) destructans *and White-nose syndrome (WNS). At this time, we are sustaining our WNS cave and abandoned mine closure strategy. The BLM’s team of biologists, cave specialists, and managers will work internally, as well as with our NM interagency partners, to consider the new Oklahoma findings. The BLM is the responsible party for managing hundreds of New Mexico caves and abandoned mines and their
Re: [SWR] Background on the FOIA request to BLM
Sam, While notes of agreement with the FOIA request are nice what we really need is for you and others to write e-mails to Jesse Juen at jj...@blm.gov and express your support for release of the information requested and the opening of the caves by issuing permits. Those writing in support of the FOIA on the SWR net should be aware that the SWR postings are read by BLM and other government agency personnel and we should refrain from any personal attacks on individuals. Just write a simple e-mail requesting the re-opening of the caves and the issuing of permits to visit the caves. Ken Life isn't about waiting for the storm to pass - It's about dancing in the rain. Date: Fri, 23 May 2014 12:03:04 -0600 From: 2924ef...@gmail.com To: gypca...@comcast.net CC: s...@caver.net Subject: Re: [SWR] Background on the FOIA request to BLM Steve: Many thanks for the additional information of the SWR FOIA to the BLM,I support whole heartily. See you in the Black Range. Sam Bono On Thu, May 22, 2014 at 1:51 PM, Steve Peerman gypca...@comcast.net wrote: All,On Tuesday, May 20, 2014, our SWR Vice-Chair, Jim Evatt notified the membership in the SWR, through the SWR mailing list, that a Freedom of Information Act (FOIA) request had been filed by the SWR for information related to the BLM's management of the threat of White Nose Syndrome (WNS). This act, arguably the most significant act taken by the SWR for a generation, is the result of a string of events over the last several years. I want to give the membership some of the background that led up to this request. As most everyone knows, WNS is a debilitating condition that has affected hibernating bats, primarily in the eastern United States and Canada, causing very high mortality rates in the bat colonies from the fungus that causes it. (P. destructans). The first evidence of WNS came from Howe Caverns, a commercial cave in New York, in 2007.An initial thought was that perhaps a caver from Europe possibly brought this fungus to the United States by visiting the cave with clothes that were contaminated with the fungus. As more and more evidence accumulated of the devastating effects of WNS to bats, the US Fish and Wlldlife Service developed guidelines for the various cave management agencies to use regarding the potential spread of WNS. These guidelines included recommendations to close caves and abandoned mines to human entry because of the possibility that humans may be a significant vector to the transmission of the condition. In January of 2011, the NM BLM published a Federal Register Notice of Temporary Closure of 28 caves in New Mexico known to have significant bat populations, probably as a direct result of a report of an infected bat in the neighboring state of Oklahoma. That Temporary Closure was for 2 years only and expired in January of 2013. At the 2012 Winter Tech, Ms. Marikay Ramsey (BLM bat biologist) announced the intent of the BLM to renew the closure. In January of 2013, at a special meeting in Albuquerque, Jim Goodbar, National BLM Cave Program lead, again discussed that intent, and also mentioned that 3 of the caves previously closed would be re-opened. The BLM revealed that it was delegating the management of caving activities under the threat of WNS to a state-wide Cave Management Team. Cavers waited for the announcement that the Temporary Closure was being renewed, or that a new Temporary Closure was being instituted. This didn't happen (and hasn't happened to date). Instead, the BLM merely said that the caves are closed. Cavers inquiring about the closure were told that BLM didn't need to have a Federal Register Temporary Closure because the cave specialists could merely refuse to issue permits. This management plan, if it can be called that, for the BLM caves that were previously closed by Federal Register Notice persisted for another year, as cavers became increasingly dissatisfied with how the caves were being managed. Meanwhile more research was being done on WNS; research that demonstrated that bats were very good at transmitting WNS from one to another, but that humans ere not very good at spreading the fungus. In fact, we know of no credible evidence that WNS has been spread from one cave to another by humans. At the spring SWR regional on April 12, 2014 there was a significant discussion of the BLM's continuing stand that they could close the caves by just saying they are closed and what to do about it. One idea was to ask for permits for some of the closed caves in order to bring the issue to the forefront. This was done by several folks, including Dave Belski and Stephen Fleming, who both requested recreational permits to Fort Stanton Cave. Both were denied. On May 6, 2014 the Oklahoma Department of Wildlife Conservation announced that the previous report of a WNS bat in Oklahoma was a false
Re: [SWR] Background on the FOIA request to BLM
It is always a juggling act between trying to get some things done and trying to maintain a constructive working relationship with, in this case, BLM. Was BLM informed that the board of the SWR was considering a request for information under the FOIA? Or did it just fall from the sky on the desk of whomever? FOIA provides leverage for those wanting to force disclosure, but if used out of the blue can create the appearance of an adversarial relationship, which defines subsequent interactions and may not always be in ones' best long term interests. It's a little like a trump card that only has value before it's played. The card of last resort, as it were, and that is said by one who hesitates not to write critical letters to the highest levels, and with some guarded success. Michael Queen On Fri, May 23, 2014 at 12:58 PM, dave belski bel...@valornet.com wrote: On 5/23/2014 12:25 PM, Ken Harrington wrote: Sam, While notes of agreement with the FOIA request are nice what we really need is for you and others to write e-mails to Jesse Juen at jjuen@blm.govand express your support for release of the information requested and the opening of the caves by issuing permits. Those writing in support of the FOIA on the SWR net should be aware that the SWR postings are read by BLM and other government agency personnel and we should refrain from any personal attacks on individuals. Just write a simple e-mail requesting the re-opening of the caves and the issuing of permits to visit the caves. Ken *AMEN. The one fact I have found out in my many years in the military, if you want to have pressure come down the chain of command, start at the top. It very rarely goes the other way.* ___ SWR mailing list s...@caver.net http://lists.caver.net/cgi-bin/mailman/listinfo/swr ___ This list is provided free as a courtesy of CAVERNET ___ SWR mailing list s...@caver.net http://lists.caver.net/cgi-bin/mailman/listinfo/swr ___ This list is provided free as a courtesy of CAVERNET
Re: [SWR] Background on the FOIA request to BLM
I would think that as long as a letter is respectful and concerned it will make a difference if dozens or hundreds show up. If done in this way it should not be considered unprofessional and bordering on bullying.It is a citizen’s right to speak out and should not be taken personally. Mostly these folks do not like to read them, as it makes more work for them, however, that is part of their job and we pay their salaries. It is the beauty of this country, or should be anyway. Heartfelt comments should not be feared but may even provide an opportunity for these officials to point out to their bosses the pending situation, problems and/or possible solutions. Lynda From: Louise Power Sent: Friday, May 23, 2014 3:33 PM To: Ken Harrington ; Sam Bono ; Steve Peerman Cc: SWR Cavers Subject: Re: [SWR] Background on the FOIA request to BLM Believe me when I say, flooding the State Director's email box will be of no benefit. It's unprofessional and borders on bullying. I had the opportunity to talk to Aaron Stockton, Cave Specialist at the Carlsbad Field Office. He was very nice and told me that many of the closed caves are being considered for reopening. He also told me that about ten of the caves that were closed were already under a closure order; that any gated cave requires a closure order, especially a cave like Ft. Stanton Cave, which is a hibernaculum for a special status species. He also said that many of the closed caves are being managed under cooperative management and cost share agreements. He said that the district gave the Ft. Stanton study group (don't know what their official name is) $100,000 this year to help with their studies. I found him helpful and nice and informative. He also agreed with me that inundating the State Director with emails is no way to get him on their side. This issue is already on his radar. As you well know, we feds operate at a snails pace in the best of times. Venting one's spleen on a federal official doesn't make them faster or more cooperative. Louise From: ken_harring...@hotmail.com To: 2924ef...@gmail.com; gypca...@comcast.net Date: Fri, 23 May 2014 12:25:18 -0600 CC: s...@caver.net Subject: Re: [SWR] Background on the FOIA request to BLM Sam, While notes of agreement with the FOIA request are nice what we really need is for you and others to write e-mails to Jesse Juen at jj...@blm.gov and express your support for release of the information requested and the opening of the caves by issuing permits. Those writing in support of the FOIA on the SWR net should be aware that the SWR postings are read by BLM and other government agency personnel and we should refrain from any personal attacks on individuals. Just write a simple e-mail requesting the re-opening of the caves and the issuing of permits to visit the caves. Ken Life isn't about waiting for the storm to pass - It's about dancing in the rain. Date: Fri, 23 May 2014 12:03:04 -0600 From: 2924ef...@gmail.com To: gypca...@comcast.net CC: s...@caver.net Subject: Re: [SWR] Background on the FOIA request to BLM Steve: Many thanks for the additional information of the SWR FOIA to the BLM, I support whole heartily. See you in the Black Range. Sam Bono On Thu, May 22, 2014 at 1:51 PM, Steve Peerman gypca...@comcast.net wrote: All, On Tuesday, May 20, 2014, our SWR Vice-Chair, Jim Evatt notified the membership in the SWR, through the SWR mailing list, that a Freedom of Information Act (FOIA) request had been filed by the SWR for information related to the BLM's management of the threat of White Nose Syndrome (WNS). This act, arguably the most significant act taken by the SWR for a generation, is the result of a string of events over the last several years. I want to give the membership some of the background that led up to this request. As most everyone knows, WNS is a debilitating condition that has affected hibernating bats, primarily in the eastern United States and Canada, causing very high mortality rates in the bat colonies from the fungus that causes it. (P. destructans). The first evidence of WNS came from Howe Caverns, a commercial cave in New York, in 2007.An initial thought was that perhaps a caver from Europe possibly brought this fungus to the United States by visiting the cave with clothes that were contaminated with the fungus. As more and more evidence accumulated of the devastating effects of WNS to bats, the US Fish and Wlldlife Service developed guidelines for the various cave management agencies to use regarding the potential spread of WNS. These guidelines included recommendations to close caves and abandoned mines to human entry because of the possibility that humans may be a significant vector to the transmission of the condition
Re: [SWR] Background on the FOIA request to BLM
On Fri, May 23, 2014 at 3:33 PM, Louise Power power_lou...@hotmail.comwrote: Believe me when I say, flooding the State Director's email box will be of no benefit. It's unprofessional and borders on bullying. I am sorry that the Mr. Juen would be so inconvenienced by executing the duties so entrusted him by the Bureau. CBD has an army of lawyers fighting the equivalent of a holy war on on anything and everything that they view as an easy victory. We need to stop worrying about rocking the boat and take concrete action to bring this closure to an end. I had the opportunity to talk to Aaron Stockton, Cave Specialist at the Carlsbad Field Office. He was very nice and told me that many of the closed caves are being considered for reopening. He also told me that about ten of the caves that were closed were already under a closure order; that any gated cave requires a closure order, especially a cave like Ft. Stanton Cave... The closure order in and of itself is the central theme. Caving goes beyond studies and scientific research. While the FSCSP is created with good intentions, if organized study groups are the only way to see these caves, then the situation is simply unacceptable. I found him helpful and nice and informative. He also agreed with me that inundating the State Director with emails is no way to get him on their side. This issue is already on his radar. As you well know, we feds operate at a snails pace in the best of times. Venting one's spleen on a federal official doesn't make them faster or more cooperative. Irrelevant to the issue at hand. Nobody was asked to bully a director; merely raise the issue. Feds work at a snails pace when they are inclined to ignore problems, and act irrationally and far too quickly when they perceive a threat to their politics and posture. Do not hide behind these excuses and lies. -Jeff Bach- ___ SWR mailing list s...@caver.net http://lists.caver.net/cgi-bin/mailman/listinfo/swr ___ This list is provided free as a courtesy of CAVERNET
Re: [SWR] Background on the FOIA request to BLM
Steve, I heartily agree with the SWR FOIA actions taken. I have personally written to Jesse Juen and Donna Hummel at BLM expressing my concerns with their actions toward cavers and specifically the closures and impact on recreational cavers. I encourage every caver out there to send e-mail messages to Jesse Juen at jj...@blm.gov and express their opinions and outrage at the actions that BLM NM has taken to keep the caves closed. Ken Life isn't about waiting for the storm to pass - It's about dancing in the rain. From: gypca...@comcast.net Date: Thu, 22 May 2014 13:51:50 -0600 To: s...@caver.net Subject: [SWR] Background on the FOIA request to BLM All,On Tuesday, May 20, 2014, our SWR Vice-Chair, Jim Evatt notified the membership in the SWR, through the SWR mailing list, that a Freedom of Information Act (FOIA) request had been filed by the SWR for information related to the BLM's management of the threat of White Nose Syndrome (WNS). This act, arguably the most significant act taken by the SWR for a generation, is the result of a string of events over the last several years. I want to give the membership some of the background that led up to this request. As most everyone knows, WNS is a debilitating condition that has affected hibernating bats, primarily in the eastern United States and Canada, causing very high mortality rates in the bat colonies from the fungus that causes it. (P. destructans). The first evidence of WNS came from Howe Caverns, a commercial cave in New York, in 2007.An initial thought was that perhaps a caver from Europe possibly brought this fungus to the United States by visiting the cave with clothes that were contaminated with the fungus. As more and more evidence accumulated of the devastating effects of WNS to bats, the US Fish and Wlldlife Service developed guidelines for the various cave management agencies to use regarding the potential spread of WNS. These guidelines included recommendations to close caves and abandoned mines to human entry because of the possibility that humans may be a significant vector to the transmission of the condition. In January of 2011, the NM BLM published a Federal Register Notice of Temporary Closure of 28 caves in New Mexico known to have significant bat populations, probably as a direct result of a report of an infected bat in the neighboring state of Oklahoma. That Temporary Closure was for 2 years only and expired in January of 2013. At the 2012 Winter Tech, Ms. Marikay Ramsey (BLM bat biologist) announced the intent of the BLM to renew the closure. In January of 2013, at a special meeting in Albuquerque, Jim Goodbar, National BLM Cave Program lead, again discussed that intent, and also mentioned that 3 of the caves previously closed would be re-opened. The BLM revealed that it was delegating the management of caving activities under the threat of WNS to a state-wide Cave Management Team.Cavers waited for the announcement that the Temporary Closure was being renewed, or that a new Temporary Closure was being instituted. This didn't happen (and hasn't happened to date). Instead, the BLM merely said that the caves are closed. Cavers inquiring about the closure were told that BLM didn't need to have a Federal Register Temporary Closure because the cave specialists could merely refuse to issue permits. This management plan, if it can be called that, for the BLM caves that were previously closed by Federal Register Notice persisted for another year, as cavers became increasingly dissatisfied with how the caves were being managed. Meanwhile more research was being done on WNS; research that demonstrated that bats were very good at transmitting WNS from one to another, but that humans ere not very good at spreading the fungus. In fact, we know of no credible evidence that WNS has been spread from one cave to another by humans. At the spring SWR regional on April 12, 2014 there was a significant discussion of the BLM's continuing stand that they could close the caves by just saying they are closed and what to do about it. One idea was to ask for permits for some of the closed caves in order to bring the issue to the forefront. This was done by several folks, including Dave Belski and Stephen Fleming, who both requested recreational permits to Fort Stanton Cave. Both were denied. On May 6, 2014 the Oklahoma Department of Wildlife Conservation announced that the previous report of a WNS bat in Oklahoma was a false report, and that no WNS infected bats had been detected in New Mexico. On May 9, BLM's Chief of Communications issued this statement to the SWR mailing list: BLM New Mexico White-Nose Syndrome Closure Strategy UpdateMay 2014 BLM New Mexico is evaluating the new information released by the National Wildlife Health Center about the Woodward County, Oklahoma bat originally tested in 2010 being now
[PBSS] Fwd: [SWR] Background on the FOIA request to BLM
More to discuss at the next PBSS meeting. Original Message Subject:[SWR] Background on the FOIA request to BLM Date: Thu, 22 May 2014 13:51:50 -0600 From: Steve Peerman gypca...@comcast.net To: Mailing List for SWR s...@caver.net All, On Tuesday, May 20, 2014, our SWR Vice-Chair, Jim Evatt notified the membership in the SWR, through the SWR mailing list, that a Freedom of Information Act (FOIA) request had been filed by the SWR for information related to the BLM's management of the threat of White Nose Syndrome (WNS). This act, arguably the most significant act taken by the SWR for a generation, is the result of a string of events over the last several years. I want to give the membership some of the background that led up to this request. As most everyone knows, WNS is a debilitating condition that has affected hibernating bats, primarily in the eastern United States and Canada, causing very high mortality rates in the bat colonies from the fungus that causes it. /(P. destructans)./ The first evidence of WNS came from Howe Caverns, a commercial cave in New York, in 2007.An initial thought was that perhaps a caver from Europe possibly brought this fungus to the United States by visiting the cave with clothes that were contaminated with the fungus. As more and more evidence accumulated of the devastating effects of WNS to bats, the US Fish and Wlldlife Service developed guidelines for the various cave management agencies to use regarding the potential spread of WNS. These guidelines included recommendations to close caves and abandoned mines to human entry because of the possibility that humans may be a significant vector to the transmission of the condition. In January of 2011, the NM BLM published a Federal Register Notice of Temporary Closure of 28 caves in New Mexico known to have significant bat populations, probably as a direct result of a report of an infected bat in the neighboring state of Oklahoma. That Temporary Closure was for 2 years only and expired in January of 2013. At the 2012 Winter Tech, Ms. Marikay Ramsey (BLM bat biologist) announced the intent of the BLM to renew the closure. In January of 2013, at a special meeting in Albuquerque, Jim Goodbar, National BLM Cave Program lead, again discussed that intent, and also mentioned that 3 of the caves previously closed would be re-opened. The BLM revealed that it was delegating the management of caving activities under the threat of WNS to a state-wide Cave Management Team. Cavers waited for the announcement that the Temporary Closure was being renewed, or that a new Temporary Closure was being instituted. This didn't happen (and hasn't happened to date). Instead, the BLM merely said that the caves are closed. Cavers inquiring about the closure were told that BLM didn't need to have a Federal Register Temporary Closure because the cave specialists could merely refuse to issue permits. This management plan, if it can be called that, for the BLM caves that were previously closed by Federal Register Notice persisted for another year, as cavers became increasingly dissatisfied with how the caves were being managed. Meanwhile more research was being done on WNS; research that demonstrated that bats were very good at transmitting WNS from one to another, but that humans ere not very good at spreading the fungus. In fact, we know of no credible evidence that WNS has been spread from one cave to another by humans. At the spring SWR regional on April 12, 2014 there was a significant discussion of the BLM's continuing stand that they could close the caves by just saying they are closed and what to do about it. One idea was to ask for permits for some of the closed caves in order to bring the issue to the forefront. This was done by several folks, including Dave Belski and Stephen Fleming, who both requested recreational permits to Fort Stanton Cave. Both were denied. On May 6, 2014 the Oklahoma Department of Wildlife Conservation announced that the previous report of a WNS bat in Oklahoma was a false report, and that no WNS infected bats had been detected in New Mexico. On May 9, BLM's Chief of Communications issued this statement to the SWR mailing list: * * *BLM New Mexico White-Nose Syndrome Closure Strategy Update* *May 2014* BLM New Mexico is evaluating the new information released by the National Wildlife Health Center about the Woodward County, Oklahoma bat originally tested in 2010 being now reclassified as negative for/Pseudogymnoascus (/formerly /Geomyces) destructans /and White-nose syndrome (WNS). At this time, we are sustaining our WNS cave and abandoned mine closure strategy. The BLMs team of biologists, cave specialists, and managers will work internally, as well as with our NM interagency partners, to consider the new Oklahoma findings. The BLM is the responsible party for managing hundreds of New Mexico
Re: [SWR] Background on the FOIA request to BLM
Just remember what your mama told you, You can get more flies with honey than vinegar. Be nice. BLM employees are people, too. You probably have no idea the problems they have to cope with. Irate cavers, like irate ranchers, not being the least of these. From: ken_harring...@hotmail.com To: gypca...@comcast.net; s...@caver.net Date: Thu, 22 May 2014 14:15:20 -0600 Subject: Re: [SWR] Background on the FOIA request to BLM Steve, I heartily agree with the SWR FOIA actions taken. I have personally written to Jesse Juen and Donna Hummel at BLM expressing my concerns with their actions toward cavers and specifically the closures and impact on recreational cavers. I encourage every caver out there to send e-mail messages to Jesse Juen at jj...@blm.gov and express their opinions and outrage at the actions that BLM NM has taken to keep the caves closed. Ken Life isn't about waiting for the storm to pass - It's about dancing in the rain. From: gypca...@comcast.net Date: Thu, 22 May 2014 13:51:50 -0600 To: s...@caver.net Subject: [SWR] Background on the FOIA request to BLM All,On Tuesday, May 20, 2014, our SWR Vice-Chair, Jim Evatt notified the membership in the SWR, through the SWR mailing list, that a Freedom of Information Act (FOIA) request had been filed by the SWR for information related to the BLM's management of the threat of White Nose Syndrome (WNS). This act, arguably the most significant act taken by the SWR for a generation, is the result of a string of events over the last several years. I want to give the membership some of the background that led up to this request. As most everyone knows, WNS is a debilitating condition that has affected hibernating bats, primarily in the eastern United States and Canada, causing very high mortality rates in the bat colonies from the fungus that causes it. (P. destructans). The first evidence of WNS came from Howe Caverns, a commercial cave in New York, in 2007.An initial thought was that perhaps a caver from Europe possibly brought this fungus to the United States by visiting the cave with clothes that were contaminated with the fungus. As more and more evidence accumulated of the devastating effects of WNS to bats, the US Fish and Wlldlife Service developed guidelines for the various cave management agencies to use regarding the potential spread of WNS. These guidelines included recommendations to close caves and abandoned mines to human entry because of the possibility that humans may be a significant vector to the transmission of the condition. In January of 2011, the NM BLM published a Federal Register Notice of Temporary Closure of 28 caves in New Mexico known to have significant bat populations, probably as a direct result of a report of an infected bat in the neighboring state of Oklahoma. That Temporary Closure was for 2 years only and expired in January of 2013. At the 2012 Winter Tech, Ms. Marikay Ramsey (BLM bat biologist) announced the intent of the BLM to renew the closure. In January of 2013, at a special meeting in Albuquerque, Jim Goodbar, National BLM Cave Program lead, again discussed that intent, and also mentioned that 3 of the caves previously closed would be re-opened. The BLM revealed that it was delegating the management of caving activities under the threat of WNS to a state-wide Cave Management Team.Cavers waited for the announcement that the Temporary Closure was being renewed, or that a new Temporary Closure was being instituted. This didn't happen (and hasn't happened to date). Instead, the BLM merely said that the caves are closed. Cavers inquiring about the closure were told that BLM didn't need to have a Federal Register Temporary Closure because the cave specialists could merely refuse to issue permits. This management plan, if it can be called that, for the BLM caves that were previously closed by Federal Register Notice persisted for another year, as cavers became increasingly dissatisfied with how the caves were being managed. Meanwhile more research was being done on WNS; research that demonstrated that bats were very good at transmitting WNS from one to another, but that humans ere not very good at spreading the fungus. In fact, we know of no credible evidence that WNS has been spread from one cave to another by humans. At the spring SWR regional on April 12, 2014 there was a significant discussion of the BLM's continuing stand that they could close the caves by just saying they are closed and what to do about it. One idea was to ask for permits for some of the closed caves in order to bring the issue to the forefront. This was done by several folks, including Dave Belski and Stephen Fleming, who both requested recreational permits to Fort Stanton Cave. Both were denied. On May 6, 2014 the Oklahoma Department of Wildlife Conservation announced that the previous report of a WNS bat in Oklahoma
Re: [SWR] Background on the FOIA request to BLM
Again Harvey, well said. Cavers, please try to put yourselves in the boots the GOOD folks have to wear. There is a lot more going on here than Bat Fungus. You should certainly disagree and point out the scientific errors, but outright hostility will hurt your cause, and not help the caves. Try to plan for the long run -. The caves, after all, are being preserved for the next generation of cavers. THAT is good. DirtDoc ___ SWR mailing list s...@caver.net http://lists.caver.net/cgi-bin/mailman/listinfo/swr ___ This list is provided free as a courtesy of CAVERNET
Re: [SWR] Background on the FOIA request to BLM
This should be an opportunity to clean the slate of recent cave = management practices by the BLM in New Mexico. When the evidence is = there for us to examine, can we proceed with a plan, incorporating the = scientific evidence now available, that appropriately protects our bats, = but also provides appropriate access to the caves that the BLM has = closed? I encourage everyone to comment and/or voice your concerns or = approval of the action that the SWR leadership has taken. They have = done this on your behalf. If you agree with it, let them that they have = done the right thing. Steve Peerman Below is a message I sent to various BLM (and USFS) recipients ten days ago. It was my own idea--I sent drafts to the FSCSP board for suggestions, but did not ask for group sponsorship, because I wanted it clear that I was not writing as anyone else's representative. Thus far, no addressee has sent me any response. I don't know if they are taking time to draft a careful reply, or will just ignore me. I did this before I learned that SWR was going to make the broader FOIA request (which I approve), that addresses all of the BLM closures and not just FSC. --Donald From dgdavis Mon May 12 12:05:13 2014 Date: Mon, 12 May 2014 12:05:13 -0600 To: jasonw...@gmail.com, mbi...@blm.gov, jdutc...@blm.gov, jgood...@blm.gov, cschm...@blm.gov, jstov...@blm.gov, mtup...@blm.gov, jj...@blm.gov Subject: BLM management of Fort Stanton Cave Cc: i...@fscsp.org I first visited Fort Stanton Cave in 1960, and am a long-term member of the Fort Stanton Cave Study Project and its predecessor groups. I led most of the exploration/survey trips in Snowy River South between 2003 and 2009 (up to station SRS337). After that, the cave went beyond my endurance barrier, and I had to retire from personal pushing of the SRS frontier, but have continued active in the FSCSP, have published many articles on history and geology of the cave, and remain deeply interested in the progress of exploration and science there. I am writing because I am deeply dissatisfied with the current management of Fort Stanton Cave. In 2010, a single case of the White Nose Syndrome bat-pathogen fungus was reported in a southwestern Oklahoma cave. This was immediately used as a trigger to close New Mexico BLM caves, and to put access to FSC under a White Nose Committee which imposed severe restrictions on entry. Many of the activities proposed by the FSCSP have been denied or seriously limited since that time. (I also have been told that the projects of independent scientists trying to work in FSC have been seriously impacted, but will limit my present comments to the FSCSP.) The White Nose Committee has subsequently been reconstituted as a Cave Management Team, but the policies have continued with little change. It was announced recently that the infected Oklahoma bat from 2010 has been retested and found to have been a false-positive case: https://www.whitenosesyndrome.org/news/oklahoma-removed-list-suspected-bat -fungus-areas White Nose Syndrome has yet to be confirmed any farther west than Missouri. I suggest that it is time to re-evaluate keeping the management of FSC under control of a committee that was hastily formed under the alarming--but false--premise that WNS was nearing New Mexico, and whose cave-closure policies have never been scientifically shown to be effective in slowing the spread of WNS. The BLM in Colorado has recently updated their WNS policy, and it does not include blanket cave closures. The present situation is ironically contradictory. Without FSCSP, Snowy River would never even have been found, and would certainly not now be a National Conservation Area. FSCSP and its leaders have been formally honored by BLM, and FSCSP was awarded a BLM $100,000 Cooperative Cost Share Agreement with an extensive list of Joint Objectives to be performed by FSCSP volunteers over the five-year period of the contract. Yet the restrictions on entering the cave have made it unclear that these objectives can be fulfilled, and have left the recent expedition attendees with so little to do that some FSCSP members have been abandoning the Project in frustration. What the Project needs most is not money, but freely-available access and release from micromanagement. The matter has recently been further complicated by cavers applying for exploration trips in Snowy River South outside the framework of the FSCSP expeditions. This might not be a problem if there were no limits on access to the cave. But under the present rules, which set a 120 person- entry carrying capacity limit per year, non-FSCSP trips could be competing directly with FSCSP for permits, which would further weaken the position of FSCSP without making the exploration go faster or better. I see no reason why this cave should be subject to a numeric
Re: [SWR] Background on the FOIA request to BLM
THANK YOU, ARRON. For over 30 years I've stood to encourage the next generation of cavers to take interest and pride in the resources and wonders of the diverse caving opportunities in NM. Your take on the cave closures, and the damage it does to the resource (volunteerism and many other facets) is accurate - and proven time and time again to be so. Ardent cavers, cave scientists, and even non-caving cave conservation supporters all come from the same mold: A FIRST MEMORABLE WILD CAVING TRIP. Recreational caving is not sporting (and often damaging) trips into caverns, it is most often the beginning of a new world for folks who look for something different, something magical, to sink their teeth, and often their careers, into. Start Trek IV (the first) was subtitled The New Hope. I pray you are right - that BLM sees an opportunity to silently right wrongs and begin a new era of BLM trust with the very people who initially taught them the treasures, wonder, opportunities and management techniques of caves. We ancient NM volunteers who have given thousands of volunteer hours and dollars to the cave conservation effort in NM, only to become untrusted and rejected, still wish for a rational cave management program that will foster the now-dying cave volunteerism program of the future and result in cave resources, unique scientific and medical laboratories, and truly spectacular subterranean wonders being accessible to all who wish to embrace them. Thanks again for your caring. Jim Evatt Vice Chair SWR - Original Message - From: Aaron aaro...@nmt.edu To: jj...@blm.gov Cc: s...@caver.net Sent: Thursday, May 22, 2014 3:56:31 PM Subject: Re: [SWR] Background on the FOIA request to BLM Dear Jesse Juen (cc SWR list): The BLM's management practices over the last few years have caused many young cave scientists such as myself to lose interest in caves, but in this FOIA request I see new hope. I spent every second weekend underground during my undergraduate degree, serving as president of the Cambridge University Caving Club and leading survey work in the Austrian Alps. NM's fantastic underground resources were one of the major reasons that I decided to attend New Mexico Tech for graduate school when I returned to the USA. I had certainly heard of the Carlsbad area but was more excited about Fort Stanton due to the accessibility from NM Tech and ongoing survey work. I did my best to become an active member of the caving community once I arrived here. I led three survey trips in Torgac Cave with GypKaP, hauled concrete, steel and water to the back of Fort Stanton on two weekends (but was not permitted to see much of the cave), gave a talk for the Sandia Grotto, won the James Mitchell award at the ICS, and became president of the New Mexico Tech Grotto. As president I began to realize what an uphill battle it is to cave in NM for science or for fun, and it was about that time that the disproportionate response to WNS made things worse. I managed to pull off a moderately successful year running the club, with trips to Alabaster, Coffee, Cactus, Millrace, etc, but I couldn't do the trips I really wanted -- Ft Stanton, Torgac, Malpais lava tubes. Because of the management situation, the overall experience was sufficiently frustrating that I did not run for club president after that and now mostly spend my spare time climbing. I refocused my studies more on volcanoes and robotics with less emphasis on speleology. It just wasn't worth dealing with the bureaucracy, and the apparent lack of scientific basis for their policies was infuriating. It's difficult to keep a university caving club running in the face of high turnover rate of personnel and resulting lack of continuity and momentum. We need all the help we can get from cave managers. There are over a hundred students at New Mexico Tech who would like to involved in the stewardship and enjoyment of our caves, but it's extremely difficult to get access to the knowledge and permission required to actually lead a trip. I also want to emphasize that it's not enough to allow access for work or scientific purposes. If you ban having fun in caves, you lose the new generation of cave stewards and scientists. A cave scientist friend of mine, who has led exploration to over 1km deep in New Zealand and had his writing and photographic work featured in major publications, recently moved to NM and is having a similar experience. The closures and apparent anti-recreational bent of management here make caving simply not worth our time. My main purpose in writing this is to encourage the BLM to take the FOIA as an opportunity to demonstrate how important recreational cave access, and the next generation of cavers, is to them. If they do, maybe I'll take a break from climbing and get underground again. Sincerely, Aaron Curtis Lead Caver, Mount Erebus Volcano Observatory PhD Student
Re: [SWR] Background on the FOIA request to BLM
Glad OKlahoma is OK now. Finally, after nearly five days the responses to the FOIA have been shaken out of the trees, or come out of the woodwork. The more the merrier. Keeps me off the streets day and night. Harv's comments are of course accurate, but it should not deter us from our goal of attaining proper responsible cave management, again, as in the past, utilizing the resources of volunteer work, despite the financial federal budget shortfall. Discretionary funding in any federal agency, despite diminishment, still exists. The (free!) volunteer community still stands at the ready to further the cause of practical cave management. Grab us and use us, don't ignore us, and don't disenfranchise us. Anger the carpenters and the building collapses. BLM-NM should be gulping for air about now. I hope so. Their policy stance is wrong, damaging, and illegal. The few in BLM-NM who make policy need to rethink their product and respect the workers who maintain the resource, and the volunteers who ultimately may make them look like heroes. To ignore a resource, as ultimately proven over many generations, is to surely destroy it. Jim - Original Message - From: Steve Peerman gypca...@comcast.net To: Harvey DuChene hrduch...@gmail.com Cc: Mailing List for SWR s...@caver.net Sent: Thursday, May 22, 2014 3:05:56 PM Subject: Re: [SWR] Background on the FOIA request to BLM Thanks, Harvey. I agree about the good, hard working folks in the trenches at BLM. Nothing that was done was meant to demean their actions. I also noted several misspellings in my message upon rereading it, along with one serious misstatement. I meant to say that the OK bat report was a false positive and that no WNS infected bats had been detected in OKLAHOMA . (Of course, it is also true that there are no reports, to date, of WNS infected bats in New Mexico.) On May 22, 2014, at 2:44 PM, Harvey DuChene wrote: Thank you, Steve. Be prepared for evasion and obfuscation on the part of BLM. I expect them to retreat and hide behind legalities and not reveal the information you have requested. As I stated in a previous message, I believe that part of this decision is due to budgetary and fiscal management constraints BLM and other federal agencies are suffering. As Dwight Deal mentioned in one of his posts, it is sometimes easier for BLM managers to err on the conservative side than it is to take a courageous (but career threatening) stand on issues like this. You may or may not get the data you have requested, but I doubt you will get anyone in any of the agencies to explain all of their reasons for cave closures. I doubt that scientific data about WNS, or the lack thereof, is the main reason for the closures. And remember, the agencies have some really good people, the ones we deal with face-to-face, who’s hands are tied by upper management decisions. Let us not take our frustrations out on the good people in the trenches. Good luck, and I hope your efforts prove me wrong! Harvey DuChene From: SWR [mailto:swr-boun...@caver.net] On Behalf Of Steve Peerman Sent: Thursday, May 22, 2014 1:52 PM To: Mailing List for SWR Subject: [SWR] Background on the FOIA request to BLM All, On Tuesday, May 20, 2014, our SWR Vice-Chair, Jim Evatt notified the membership in the SWR, through the SWR mailing list, that a Freedom of Information Act (FOIA) request had been filed by the SWR for information related to the BLM's management of the threat of White Nose Syndrome (WNS). This act, arguably the most significant act taken by the SWR for a generation, is the result of a string of events over the last several years. I want to give the membership some of the background that led up to this request. As most everyone knows, WNS is a debilitating condition that has affected hibernating bats, primarily in the eastern United States and Canada, causing very high mortality rates in the bat colonies from the fungus that causes it. (P. destructans). The first evidence of WNS came from Howe Caverns, a commercial cave in New York, in 2007. An initial thought was that perhaps a caver from Europe possibly brought this fungus to the United States by visiting the cave with clothes that were contaminated with the fungus. As more and more evidence accumulated of the devastating effects of WNS to bats, the US Fish and Wlldlife Service developed guidelines for the various cave management agencies to use regarding the potential spread of WNS. These guidelines included recommendations to close caves and abandoned mines to human entry because of the possibility that humans may be a significant vector to the transmission of the condition. In January of 2011, the NM BLM published a Federal Register Notice of Temporary Closure of 28 caves in New Mexico known to have significant bat populations, probably as a direct result of a report of an infected bat in the neighboring state
Fwd: [SWR] Background on the FOIA request to BLM
I still have 40 emails to wade through. Plus the Colorado EA comments due today. Jennifer Foote NSS WNS Liaison www.caves.org/wns wnsliai...@caves.org -- Forwarded message -- From: jen . bigredfo...@hotmail.com Date: Thu, May 22, 2014 at 6:16 PM Subject: RE: [SWR] Background on the FOIA request to BLM To: Stephen Fleming casto...@gmail.com, pegmati...@gmail.com pegmati...@gmail.com, nmca...@centurylink.net nmca...@centurylink.net, presid...@caves.org presid...@caves.org, wnsliai...@caves.org wnsliai...@caves.org William, Peter Youngbaer suggested I make you aware of this. I haven't been able to draft any response yet, either as WNS Liaison or as a SWR member. You can view a copy of the FOIA at http://caves.org/region/swr/docs/FOIA_swrweb.pdf Jennifer -- From: gypca...@comcast.net Date: Thu, 22 May 2014 13:51:50 -0600 To: s...@caver.net Subject: [SWR] Background on the FOIA request to BLM All, On Tuesday, May 20, 2014, our SWR Vice-Chair, Jim Evatt notified the membership in the SWR, through the SWR mailing list, that a Freedom of Information Act (FOIA) request had been filed by the SWR for information related to the BLM's management of the threat of White Nose Syndrome (WNS). This act, arguably the most significant act taken by the SWR for a generation, is the result of a string of events over the last several years. I want to give the membership some of the background that led up to this request. As most everyone knows, WNS is a debilitating condition that has affected hibernating bats, primarily in the eastern United States and Canada, causing very high mortality rates in the bat colonies from the fungus that causes it. *(P. destructans).* The first evidence of WNS came from Howe Caverns, a commercial cave in New York, in 2007.An initial thought was that perhaps a caver from Europe possibly brought this fungus to the United States by visiting the cave with clothes that were contaminated with the fungus. As more and more evidence accumulated of the devastating effects of WNS to bats, the US Fish and Wlldlife Service developed guidelines for the various cave management agencies to use regarding the potential spread of WNS. These guidelines included recommendations to close caves and abandoned mines to human entry because of the possibility that humans may be a significant vector to the transmission of the condition. In January of 2011, the NM BLM published a Federal Register Notice of Temporary Closure of 28 caves in New Mexico known to have significant bat populations, probably as a direct result of a report of an infected bat in the neighboring state of Oklahoma. That Temporary Closure was for 2 years only and expired in January of 2013. At the 2012 Winter Tech, Ms. Marikay Ramsey (BLM bat biologist) announced the intent of the BLM to renew the closure. In January of 2013, at a special meeting in Albuquerque, Jim Goodbar, National BLM Cave Program lead, again discussed that intent, and also mentioned that 3 of the caves previously closed would be re-opened. The BLM revealed that it was delegating the management of caving activities under the threat of WNS to a state-wide Cave Management Team. Cavers waited for the announcement that the Temporary Closure was being renewed, or that a new Temporary Closure was being instituted. This didn't happen (and hasn't happened to date). Instead, the BLM merely said that the caves are closed. Cavers inquiring about the closure were told that BLM didn't need to have a Federal Register Temporary Closure because the cave specialists could merely refuse to issue permits. This management plan, if it can be called that, for the BLM caves that were previously closed by Federal Register Notice persisted for another year, as cavers became increasingly dissatisfied with how the caves were being managed. Meanwhile more research was being done on WNS; research that demonstrated that bats were very good at transmitting WNS from one to another, but that humans ere not very good at spreading the fungus. In fact, we know of no credible evidence that WNS has been spread from one cave to another by humans. At the spring SWR regional on April 12, 2014 there was a significant discussion of the BLM's continuing stand that they could close the caves by just saying they are closed and what to do about it. One idea was to ask for permits for some of the closed caves in order to bring the issue to the forefront. This was done by several folks, including Dave Belski and Stephen Fleming, who both requested recreational permits to Fort Stanton Cave. Both were denied. On May 6, 2014 the Oklahoma Department of Wildlife Conservation announced that the previous report of a WNS bat in Oklahoma was a false report, and that no WNS infected bats had been detected in New Mexico. On May 9, BLM's Chief of Communications issued this statement to the SWR mailing list: *BLM New Mexico White-Nose Syndrome Closure