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Nevada Wildlife Federation P.O. Box 71238 Reno, NV 89570 RETURN SERVICE REQUESTED Non-profit Org. U.S. Postage Paid Reno, NV Permit #310 Nevada Wildlife Nevada Wildlife is the official voice of the Nevada Wildlife Federation, Inc. We are an affiliate of National Wildlife Federation and the oldest statewide conservation organization dedicated to sustaining Nevada’s natural resources for wildlife through conservation and education. Volume 16, Issue 3 Summer, 2012 Bureau of Land Management R eno, Nev. – The U.S. Court of Appeals for the Federal Circuit ruled July 26 on a 20-year le- gal battle over a takings claim that received na- tional attention and was a cornerstone of the Sagebrush Rebellion states’ rights movement. The Federal Circuit vacated the Court of Federal Claims’ $4 million award of monetary damages for a regulatory taking of water rights and compensation for range improvements in the case of The Estate of E. Wayne Hage v. United States, and reversed the finding that compensation was due for a temporary physical taking of water rights, in this case in which a rancher al- leged a taking of his ranching operation by the govern- ment, based on the government’s efforts to enforce land management statutes. In its ruling, the Federal Circuit held that the Claims Court erred in holding that the Hages’ regulatory tak- ings claim was ripe, because the Hages failed to seek special-use permits to maintain their irrigation ditches, and vacated the award of compensation for a regulatory taking. As to the physical takings claims based on fences erected by the government, the Federal Circuit reversed the award of compensation since some claims were time barred and for the other claims, pursuant to Nevada law, the rancher could only assert a taking of water that he could put to beneficial use. The Court found that the Hages had presented no evidence that the government took any water that he could have put to beneficial use. The Court further noted that “water rights do not include an attendant right to graze,” citing the Circuit’s earlier Colvin Cattle, 436 F.3d 803 (Fed. Cir. 2006) decision. The Federal Circuit also vacated the award of statu- tory compensation for range improvements on ripeness grounds, because the Hages failed to satisfy the regula- tory requirement that they first request compensation. Finally, the Federal Circuit affirmed the lower court finding that the Hages would not have been entitled to interest on the award for range improvements, rejecting the Hages’ argument that the range improvements were taken under the Fifth Amendment. Wayne Hage’s family owned one of America’s larg- est ranches (about 760,00 acres) from 1978 to 2009. Wayne Hage died in 2006 at the age of 69. Court vacates $4 million award in Hage v. U.S. Ruling denies government takings of grazing and water rights from rancher Nevada Wildlife Federation The Ryan Werner Family shows off their Nevada Wildlife Federation award for the 2011 Wildlife Conservationist of the Year. Federation President Robert Gaudet stands with the family at the right. The family received their award at the Federation’s Annual Awards and Banquet on May 12, 2012 at the Clark County Shooting Park in North Las Vegas. See Page 3 for more photos of the event. WILDLIFE: A FAMILY AFFAIR Editor’s note: Nevada Wildlife Federation and its allies brought Wayne Hage v. United States to the atten- tion of National Wildlife Federation (NWF) more than 20 years ago. Our national affiliate agreed to intervene in the case and has supported that work through an ap- peals process. Federation support has paid off recently for public lands advocates. The NWF contracted attor- ney comments below on the case: Judge Smith of the Court of Federal Claims had awarded more than $4 million, plus interest and attor- ney fees, to Wayne Hage’s estate in compensation for al- leged “takings” of water rights and other claims related to Hage’s federal grazing permits. The Court of Claims reversed Judge Smith’s decision on a combination of substantive and procedural grounds. Although the Court of Appeals remanded the case to Judge Smith for final disposition, as best I can tell, the Court of Appeals left no room for Judge Smith to restore any of the award. This decision is a turning point in what has been a very long road. The state of Nevada; Natural Resources Defense Council; the National and Nevada wildlife fed- erations; and the Toiyabe Chapter of the Sierra Club be- gan their participation in the case almost as soon as it was filed in 1991.Over the last 20 years, Tom Lustig, Johanna Wald, John Echeverria, Michael Saul, students in NWF’s and the University of Colorado’s Natural Resources Litigation Clinic and myself have filed sev- eral amicus curiae briefs, participated in oral arguments and status conferences, and attended trials. The decision of the Court of Appeals was not all that we hoped it would be. It disposed of some of Hage’s claims on relatively narrow grounds rather than correct- ing Judge Smith’s gross misunderstandings of western water law. And the Court of Appeals’ decision contains some misstatements about a supposed right of access across federal lands to water that could prove trouble- some in future cases. Nonetheless, the victory is com- plete in the sense that the government has prevailed, and Hage failed, with respect to all of Hage’s claims. We probably have not quite reached the end of this road. Given the long history and high profile of the case, as well as the tremendous time and effort that Hage and his attorneys and allies have invested, I expect that Hage’s attorneys will seek rehearing by the Court of Appeals and/or review by the U.S. Supreme Court. Joe Feller teaches at the College of Law, Arizona State University and has worked on Hage v. U.S. with funding provided by National Wildlife Federation. Wildlife federations contribute to public lands win

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Page 1: Paid Permit #310 RETURN SERVICE REQUESTED Nevada Wildlife › wp-content › uploads › summer2012.pdf · Day Hikes Death Valley; The Sierra Nevada Wildlife Region Tahoe Wildflowers;

Nevada Wildlife FederationP.O. Box 71238Reno, NV 89570

RETURN SERVICE REQUESTED

Non-profit Org.U.S. Postage

PaidReno, NV

Permit #310

Nevada WildlifeNevada Wildlife is the official voice of the Nevada Wildlife Federation, Inc.

We are an affiliate of National Wildlife Federation and the oldest statewide conservation organization dedicated to sustaining Nevada’s natural resources for wildlife through conservation and education.

Volume 16, Issue 3 Summer, 2012

Bureau of Land Management

Reno, Nev. – The U.S. Court of Appeals for the Federal Circuit ruled July 26 on a 20-year le-gal battle over a takings claim that received na-

tional attention and was a cornerstone of the Sagebrush Rebellion states’ rights movement.

The Federal Circuit vacated the Court of Federal Claims’ $4 million award of monetary damages for a regulatory taking of water rights and compensation for range improvements in the case of The Estate of E. Wayne Hage v. United States, and reversed the finding that compensation was due for a temporary physical taking of water rights, in this case in which a rancher al-leged a taking of his ranching operation by the govern-ment, based on the government’s efforts to enforce land management statutes.

In its ruling, the Federal Circuit held that the Claims Court erred in holding that the Hages’ regulatory tak-ings claim was ripe, because the Hages failed to seek special-use permits to maintain their irrigation ditches, and vacated the award of compensation for a regulatory taking.

As to the physical takings claims based on fences erected by the government, the Federal Circuit reversed the award of compensation since some claims were time barred and for the other claims, pursuant to Nevada law, the rancher could only assert a taking of water that he could put to beneficial use. The Court found that the Hages had presented no evidence that the government took any water that he could have put to beneficial use. The Court further noted that “water rights do not include an attendant right to graze,” citing the Circuit’s earlier Colvin Cattle, 436 F.3d 803 (Fed. Cir. 2006) decision.

The Federal Circuit also vacated the award of statu-tory compensation for range improvements on ripeness grounds, because the Hages failed to satisfy the regula-tory requirement that they first request compensation.

Finally, the Federal Circuit affirmed the lower court finding that the Hages would not have been entitled to interest on the award for range improvements, rejecting the Hages’ argument that the range improvements were taken under the Fifth Amendment.

Wayne Hage’s family owned one of America’s larg-est ranches (about 760,00 acres) from 1978 to 2009. Wayne Hage died in 2006 at the age of 69.

Court vacates$4 million award in Hage v. U.S.Ruling denies government takings of grazing and water rights from rancher

Nevada Wildlife FederationThe Ryan Werner Family shows off their Nevada Wildlife Federation award for the 2011 Wildlife Conservationist of the Year. Federation President Robert Gaudet stands with the family at the right. The family received their award at the Federation’s Annual Awards and Banquet on May 12, 2012 at the Clark County Shooting Park in North Las Vegas. See Page 3 for more photos of the event.

Wildlife: a family affair

Editor’s note: Nevada Wildlife Federation and its allies brought Wayne Hage v. United States to the atten-tion of National Wildlife Federation (NWF) more than 20 years ago. Our national affiliate agreed to intervene in the case and has supported that work through an ap-peals process. Federation support has paid off recently for public lands advocates. The NWF contracted attor-ney comments below on the case:

Judge Smith of the Court of Federal Claims had awarded more than $4 million, plus interest and attor-ney fees, to Wayne Hage’s estate in compensation for al-leged “takings” of water rights and other claims related to Hage’s federal grazing permits. The Court of Claims reversed Judge Smith’s decision on a combination of substantive and procedural grounds. Although the Court of Appeals remanded the case to Judge Smith for final disposition, as best I can tell, the Court of Appeals left no room for Judge Smith to restore any of the award.

This decision is a turning point in what has been a very long road. The state of Nevada; Natural Resources Defense Council; the National and Nevada wildlife fed-erations; and the Toiyabe Chapter of the Sierra Club be-gan their participation in the case almost as soon as it was filed in 1991.Over the last 20 years, Tom Lustig,

Johanna Wald, John Echeverria, Michael Saul, students in NWF’s and the University of Colorado’s Natural Resources Litigation Clinic and myself have filed sev-eral amicus curiae briefs, participated in oral arguments and status conferences, and attended trials.

The decision of the Court of Appeals was not all that we hoped it would be. It disposed of some of Hage’s claims on relatively narrow grounds rather than correct-ing Judge Smith’s gross misunderstandings of western water law. And the Court of Appeals’ decision contains some misstatements about a supposed right of access across federal lands to water that could prove trouble-some in future cases. Nonetheless, the victory is com-plete in the sense that the government has prevailed, and Hage failed, with respect to all of Hage’s claims.

We probably have not quite reached the end of this road. Given the long history and high profile of the case, as well as the tremendous time and effort that Hage and his attorneys and allies have invested, I expect that Hage’s attorneys will seek rehearing by the Court of Appeals and/or review by the U.S. Supreme Court.

Joe Feller teaches at the College of Law, Arizona State University and has worked on Hage v. U.S. with funding provided by National Wildlife Federation.

Wildlife federations contribute to public lands win

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2 Nevada Wildlife – Summer, 2012

Nevada WildlifePublished quarterly

by Nevada Wildlife Federation, Inc.

Editor: Lorna WeaverAssociate Editor: Gale DupreeIn this Issue:Wayne Hage v. United States 1Federation attorney comments on case 1Conservation Achievement Awards 1

Nature Notes 2Conservation Achievement Awards 3Sportsman’s legislation 3Rattlesnake avoidance training 4Writer describes Great Basin Range of past 4Governor commends sage-grouse advice 4$10,000 reward for bighorn sheep poacher 5Members fund habitat restoration 5Dan Heinz memorial 5BLM volunteer gains national recognition 6BLM roundup 6USFS renovates Mt. Charleston recreation 7Endangered Species Act rulings 7Waterfowl hunting season proposed 7Ruby Lake National Wildlife Refuge 8Fresh fish cooking 8Classified ads 8

Nevada Wildlife Federation, Inc.P.O. Box 71238, Reno, NV 89570

phone (775) 677-0927Web site: www.nvwf.org

President: Robert GaudetDistrict 1 (Reno) Vice Pres.: Ed WagnerDistrict 2 (Elko) Vice Pres.: Jack PrierDistrict 3 (Las Vegas) Vice Pres.: Kevin CabbleSecretary: Vikki RiddleTreasurer: Anita WagnerNational Wildlife Federation (NWF) Representative: Robert GaudetAlternate NWF Rep: Kevin Cabble

Corporate SponsorsArt Source – RenoEl Capitan Lodge and Casino – HawthornePatagonia – RenoSierra Trading Post – Reno, Cheyenne, WYMorris & Brown Architects, LTD – RenoPerry and Spann – RenoNV Energy – RenoWal-Mart Stores – RenoSafari Club International – Northern Nevada ChapterPeppermill Resort Spa Casino – RenoHarvey’s/Harrah’s Casino Hotels – Stateline

AffiliatesNational Wildlife Federation – NationAnimal Ark – RenoCarson Valley Chukar Club – GardnervilleCarson Fly Fishing Club – Carson CityFriends of Nevada Wilderness – RenoGreat Basin Chapter Trout Unlimited – BakerLas Vegas Archers – Las VegasMotorcycle Racing Assoc. of Nevada – Las VegasNatural Resource Education Council – Carson CityNevada Bighorns Unlimited – RenoNevada Bowhunters Association – ElkoNevada Section Society for Range ManagementNorthern Nevada Outdoors – WinnemuccaOrmsby Sportman’s Association – Carson CitySilver Arrow Bowman – RenoSpring Mt. Volunteer Association – Las VegasTruckee River Flyfishers – RenoTruckee River Yacht Club – RenoWalker Lake Working Group – Hawthorne

nature notes

Join Nevada Wildlife Federation today!Your membership dues fund wildlife

conservation and education programs in Nevada.

Membership Categories per yearCorporate: $250, $500, $1,000 and upBenefactor: $100 and upSustaining: $40 to $99Life: $400Family: $35, for families at same addressAssociate or Affiliate: $25Student: $12

Name: _____________________________________________Address: ____________________________________________City: _______________________________________________State, Zip: __________________________________________Phone: _____________________________________________E-mail: _____________________________________________

Mail this coupon with your check or money order to Nevada Wildlife Federation, P.O. Box 71238, Reno, NV 89570

Gifts for higher renewal rates *Members who join or renew at a rate of $45 or higher can

choose among several gifts. Those gifts include one of four cam-

paign logo T-shirts. The slogans are: “Water for Wildlife,” “Share Your Backyard with Wildlife,” “Save Our Sagebrush Family” and “Support Elk on Public Lands.” A T-shirt with the NvWF logo is also available.

Please circle your choice of T-shirt. Please indicate size: Adult: Small, Medium, Large, XL, XXL, XXXL. Youth: Medium, Large. Other gifts are a baseball hat with the federation’s logo and several books to choose from. New books are: Hiking Grand Canyon National Park, Living with Wildlife, Basic Essentials Fly Fishing, Death Valley National Park, Pocket Guide – Nevada Birds and Pocket Guide – Nevada Trees and Wildflowers.

Other books include: This Land – A Guide to Western National Forests; Birds of Prey; Rocks and Minerals of California; Nevada Wildlife Viewing Guide; Black Rock Desert; Hiking Nevada; Rockhounding Nevada; Hiking Great Basin National Park; Best Easy Day Hikes Norther Sierra; Best Easy Day Hikes Death Valley; The Sierra Nevada Wildlife Region; Tahoe Wildflowers; Fly Fishing: Basic Essentials. Also avail-able is Beyond Fair Chase and Inherit the Hunt, which con-tain stories on the tradition of hunting by Jim Posewitz. Please circle your choice of book. Your generous donation of $60 or more will be rewarded with a choice of any two items listed above (books and clothing only). Please circle your two gift choices.

* Life memberships are not a renewal and are not entitled to gifts after initial donation.

Free updated sage-grouse booklet now available for order

The booklet titled Enhancing Sage-Grouse Habitat ... A Nevada Landowners’ Guide can be ordered now and mailed after printing to anyone requesting a copy. Send Nevada Wildlife Federation your name and mailing address to [email protected]. The booklet, last

printed in 2002, has been revised and provides new and additional information about sage-grouse in Nevada.

Write-in campaign wins Alaska town a cat mayorThe mayor of a sleepy Alaska town is feline fine.

The part-Manx cat clawed his way onto the political scene of Talkeenta, Alaska, through a write-in cam-paign shortly after he was born 15 years ago.

The residents didn’t like the mayoral candidates years ago, so the 900 residents encouraged enough peo-ple to elect Stubbs as a write-in candidate. Although his position is honorary, Stubb’s popularity is real. His elec-tion earned him enough press to catapult the town at the base of Mount McKinley into a tourist designation.

Residents say they are happy that their stubby-tailed mayor is promoting tourism.

Bi-state sage-grouse group completes new plan to avoid listing the Mono population as endangered

California and Nevada recently completed a new plan for conserving the Mono population of sage-grouse covering California; Mono and White Pine counties and in Nevada, Douglas, Lyon and Mineral counties. I served on that committee representing the Mt. Grant Planning Unit. The U.S. Fish and Wildlife Service has until September, 2013, to review the plan before issuing a new determination regarding the sta-tus of this sub-species of sage-grouse.

September 8 is free fishing day in CaliforniaFor those of you who live near the California bor-

der, you can fish without a license for a day. For Nevada you will have to wait until next June or buy a license.Senate and House agree on transporation bill that reauthorizes sport fishing and boating fund

The Senate-House Conference Committee recon-ciled the differences between their highway transpor-tation bills to reach an agreement. A critical section of the compromise reauthorizes the Sport Fish Restoration and Boating Trust Fund – Wallop-Breaux – to continue capturing revenue from the part of the federal fuel tax attributable to motor boat and small engine use.

The conference report also modifies RESTORE, the Gulf Coast Act, which was reported out of the Senate Environment and Public Works Committee

last September. The provision establishes the Gulf Coast Restoration Trust Fund as the repository for 80 percent of the Clean Water Act penalties from the BP Deepwater Horizon oil spill.

Association of Fish and Wildlife AgenciesWatercraft decal to fund invasive species prevention

Nevada Department of Wildlife (NDOW) an-nounced Aug. 1 the details of the Aquatic Invasive Species (AIS) watercraft sticker program which will help fund efforts to prevent the spread of such invasive species as quagga mussels and milfoil. Specifically, us-ers of any watercraft that can be removed from a body of water and still hold water will be required to pur-chase and affix an AIS decal to the watercraft before launching on any Nevada waterway. The requirement becomes effective Jan. 1, 2013.

“The new decal ultimately benefits boaters by fund-ing programs that reduce the risk of spreading invasive species, thereby keeping waters open to boating and recreation,” said Chief Game Warden Rob Buonamici. “Boats are most often the route for new infestations.”

The requirement affects all boats, regardless of what state they come from. All types of boats are re-quired to display the decal, but there are some excep-tions for small watercraft that are incapable of retain-ing water, including stand up paddle boards and float tubes used by fishermen. The cost of the decal is $10 for in-state motorboats, $5 for in-state paddle crafts, $20 for out of state motorboats and $10 for out of state paddle craft. The decal will be available at NDOW of-fices, via the NDOW Web site or by phone.

Funds generated by the sticker program will be used to create a comprehensive AIS prevention and mitigation program. To prevent the spread of invasive species, NDOW must conduct constant monitoring and testing of waterways. NDOW will also be working with other agencies and entities to build and maintain wash stations that boaters can use to ensure they are not spreading invasive species.

In addition to the sticker requirement, NDOW re-minds boaters to clean, drain and dry all boats and as-sociated equipment between each and every trip to the water.

“The agency will be focusing on education for the first couple of years of the program to help boat-ers adjust to the new requirement,” said Buonamici. “However, boaters who are informed about the require-ment and still fail to purchase and display a decal will be subject to citation.”

The new AIS decal sticker program stemmed from the passage of AB167 during the 2011 legislative ses-sion. Nevada was one of the last states to pass such a bill to address aquatic invasive species.

Nevada Department of Wildlife

Gale Dupree

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Nevada Wildlife – Summer, 2012 3

nevada Wildlife federation 60th annual Conservation lunCheon

Nevada Wildlife FederationNevada Wildlife Federation President Robert Gaudet (middle) congratulates David Crunden, Vice-President of Wildlife Habitat Improvement of Nevada on its award as Conservation Organization of the Year for 2011. Director Sandi Love (at left) looks on. The awards were held at the Clark County Shooting Park in North Las Vegas on May 12.

2011 nevada Wildlife federation Conservation aChievement aWards

Hunter Educator of The YearMartin Olson

Conservation Legislator of The YearNevada Sen. John Lee

Conservation Organization of The YearWildlife & Habitat Improvement of Nevada

Wildlife Conservationist of The YearThe Ryan Werner Family

State Conservationist of The YearBill Dejunker

Nevada Wildlife FederationNevada Wildlife Federation President Robert Gaudet (middle) congratulates Nevada Senator John Lee for his award as Conservation Legislator of the Year for 2011. Director Sandi Love (at left) looks on. The awards were held at the Clark County Shooting Park in North Las Vegas on May 12.

Nevada Wildlife FederationThe Nevada Wildlife Federation’s 60th Annual Conservation Awards and Banquet also offered a fund-raising silent auction and raffle on May 12 in North Las Vegas.

Nevada Wildlife Federation

A “Trojan Horse” has reared in the “Sportsman’s Heritage Act” (HR 4089) according to wilderness advocates, Backcountry Hunters and Anglers and the National Wildlife Federation.

The bill which promises to protect hunting and fishing rights, instead opens National Conservation Lands in Nevada and the West to development and ex-ploitation at the expense of backcountry recreation, said Marge Sill of Friends of Nevada Wilderness.

Passed by the House on April 17 with a vote of 274-146, the bill hasn’t moved since its arrival in the Senate on April 18.

Matt Tuma of Sen. Reid’s Office said the bill probably won’t be going any-where

Rep. Amodei who voted for the bill

said in a town hall meeting Aug. 1 that he stands by his vote and said that it is “phe-nomenally insulting” to the American public for the bill not to be able to be made available for the public process. Amodei was not specific on any of the bill’s merits.

Rep. Joe Heck, R-Nev., also voted in favor of HR 4089. Rep. Shelley Berkley, D-Nev., voted no.

In a separate bill, the “Sportsman’s Act,” a provision to enhance hunting and fishing access on public lands, failed as an attachment to the Farm Bill.

Its sponsors, Sen. Jon Tester, D-Mont. and Sen. John Thune, R-SD, are now considering those provisions as a stand-alone bill. If this bill’s merits equal those of the “Sportsman’s Act,” it may get support from Federation affiliates.

National Wildlife Federation had previously urged senators to support the

Tester-Thune Sportsman’s Act for the following reasons:

“Tester-Thune contains a number of proposals that will have a positive impact on hunting, fishing and outdoor recreation. The proposal contains a pro-vision that will require 1.5 percent of the Land and Water Conservation Fund to be used to provide public access to cur-rently inaccessible federal public lands for hunting and fishing. In addition is also includes the Migratory Bird Habitat Investment and Enhancement Act as well as the Permanent Electronic Duck Stamp Act that will allow the Secretary of the Interior to direct resources for the conservation of bird species and improve sportsmen access.

“Tester-Thune includes several re-authorizations including the Federal Land Transaction and Facilitation Act (FLTFA) which is a program that allows

land management agencies to work with private land owners to secure critical in-holdings through “land for land” swaps. This provision creates jobs and generates revenue for BLM, USFS, and USFWS. Tester-Thune also reauthorizes the North American Wetlands Conservation Act for five years. This voluntary program, which has protected 26.5 million acres over the last two decades, is critical for sustaining migratory waterfowl popula-tions across the country.

“One reason we favor the Sportsmen Act of 2012 is its omission of controversial House-passed language that would create loopholes in the Wilderness Act and in so doing undermine backcountry hunting and fishing. Tester-Thune also excludes House language that would circumvent the National Environmental Policy Act (NEPA) which plays a vital role protect-ing habitat and game species.”

Federal sportsman’s legislation put to test; what’s in a name?

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4 Nevada Wildlife – Summer, 2012

I have heard a lot of talk recently on what the Great Basin looked like in northeast Nevada before white set-tlers and their livestock arrived. What follows is the result of research for my book Sagebrush Heart: the Sagebrush Landscape of Elko County, Nevada.

Two hundred years ago, Elko County was not an Eden, not perfect, but its sage-brush ecosystem was “natural,” and had maintained itself for thousands of years. Two hundred years ago, the climate was cooler and wetter due to an event that started in the 4th century, called the Little Ice Age. Plant production was undoubt-edly higher at this time.

The sagebrush landscape offered more habitat variety. Sagebrush still dominated the hills and valleys, but the land was a mosaic of grasslands and brush. This landscape ran through cycles of sagebrush and grass, governed by wildfires as a disturbance. These fires were common but small in size, started usually by lightning but also by Western Shoshone who lived here.

Grasses stayed green through July’s lightning storms. Typically, sagebrush grew wide enough apart that fire need-ed to sweep through grass to reach the next sagebrush. Green grasses and forbs helped slow the fire’s spread through sagebrush. Fires burned relatively cool and often did not even kill grasses and forbs, merely burned them back to ground level. Even if they were killed, grasses and forbs quickly reestablished and the ground did not remain bare for long.

Areas recently cleared by fire were grasslands with abundant forbs since these return to burned land much faster

Writer describes Great Basin range of past

Lorna Weaver/Nevada Wildlife FederationCasper Pigman of the German Shorthaired Pointer Club takes a dog through the Rattlesnake Avoidance Training course at Davis Creek Park on June 16, while snake handler, John Potash attends to a live snake near his feet. The June 16 class was one of six training days held this summer, where dogs learned quickly to avoid rattlesnakes with a remote-controlled electric collar.

By Lorna WeaverNevada Wildlife Federation

Nevada Wildlife Federation’s Rattlesnake Avoidance Training 2012 season had an all-time high in enrollment of dogs that learned to avoid rattlesnakes. Training Coordinator Skyler Dillon re-ported that 668 dogs have already been through the training this year, with an-other 100 possible enrollees for the next session on Aug. 18.

“I was thrilled to see the communi-ty’s response this year and our trainers are grateful to have the opportunity to enhance the safety of so many of our lo-cal pets,” Dillon said of the 10-year-old program that she directed for the first year. “Hopefully awareness will only in-crease next year.”

Awareness of the training is impor-tant for dog owners to avoid painful and potentially fatal snake bites to their pets that work or play outdoors, or live in ur-ban interface areas where rattlesnakes can slither into backyards. Naturally curious dogs that haven’t been taught to avoid the snakes are notorious for taking bites to the face or front legs. A rattle-snake bite of any kind is a sure emergen-cy trip to the vet with a price tag of up to

$4,000 for treatment, and the worst bites can be fatal.

It takes about 10 minutes on average for dogs to learn the avoidance behavior using an electric collar to simulate the dog anytime the dog’s attention is turned toward the snake.

Nearly all participants learn the avoidance behavior immediately. However, owners are encouraged to bring their dogs back for a retest to ensure that the training has taken hold long-term. When they do the dogs want nothing to do with the rattlesnakes, sometimes even pulling the trainers away from them on leads.

The training also serves as a fund-raiser, raising more than $44,000 this year for conservation and outdoor edu-cation. Money raised is split among the three sponsoring groups: Nevada Wildlife Federation, Wildlife Rescue and German Shorthaired Pointer Club of Reno.

Because of the overwhelming re-sponse to this year’s training, Dillon and the training committee opened two addi-tional training days; the final will be held Aug. 18 at Davis Creek Park in Washoe Valley. As of press time, space was still available for this training. For more in-formation, call (775) 224-5262.

Rattlesnake Avoidance Training enrollment at all-time highyikes! did you see that snake?

Healthy Wyoming big

sagebrush was photo-

graphed from the

CCC Road in Ruby Valley,

looking toward

the Ruby Mountains. Sagebrush

like this may have been

more typical throughout

the Great Basin Range

prior to settlement.

than brush. In other areas, fire had not visited for a number of years and young, small sagebrush intruded between grasses and forbs. Other areas where fire had not visited for decades held tall sagebrush in thick groves, dense enough to shade out grasses and forbs between them. These thick stands of sagebrush burned readily and were prime for another fire to sweep through and start the cycle all over.

The land was resilient and could bounce back from fires. It needed fires to maintain its mosaic of sagebrush, forbs and grasses that created variety. Its wild-life depended on this diverse habitat.

On average, such fires moved through the Wyoming big sagebrush about every 50 years, giving grasses, forbs and brush ample time to return and recover. Piñon/juniper forests saw fire maybe every 20 years and stands were generally restrict-ed to areas safe from fire such as steep,

rocky slopes. Desert shrubs and low sagebrush almost never burned.

The sagebrush landscape contained large numbers of jack rabbits and prong-horn antelope grazing on the abundant grasses and forbs. The mountains held herds of bighorn sheep. Mule deer were fairly rare since their preferred food, shrubs such as bitterbrush, were rare. Elk also lived here in small numbers and small groups of bison occasionally wandered into the area from Idaho or Utah. Wolverines occupied the county’s northern mountains. Horses had not yet arrived. Sage grouse and cutthroat trout were abundant. Each year, numerous salmon migrated from the Pacific Ocean, through the Snake River and into the county’s northern streams.

This excerpt from “Sagebrush Heart: the Sagebrush Landscape of Elko County, Nevada” was reprinted with permission of author Larry Hyslop.

by Larry Hyslop

Gov. Sandoval’s Office

CARSON CITY, Nev. – Gov. Brian Sandoval commended the work of the Nevada Sage-grouse Advisory Committee which issued recommen-dations July 31 on actions that provide conservation measures sufficient to preclude the need to list the Greater Sage-grouse under the Endangered Species Act.

“I thank the advisory committee, its Chairman, Bob Crowell, and each of the members for their diligent and timely work on this important issue,” Gov. Sandoval said.

Recommendations were devel-oped over the course of 10 meetings from May through July, and nearly 80 hours of expert testimony, discus-sion, deliberation and public comment. Meetings were held in Carson City with simultaneous video conference to Winnemucca, Elko and Ely. The rec-ommendations build off several exist-ing efforts, including the 2004 Sage-grouse Conservation Plan developed by Governor Guinn.

The Advisory Committee con-sisted of members from the mining and agriculture industries, tribal na-tions, local government, sportsmen and ranchers, the energy industry, a member from conservation/environ-mental and a member of the general public. The Committee worked with local, state, tribal, federal, public and private interests to develop the recom-mendations.

The full list of recommendations may be viewed at www.sagegrouse.nv.gov.

Governor commends sage-grouse advice

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Nevada Wildlife – Summer, 2012 5

Nevada Department of Wildlife

Nevada game wardens are seeking information on a female desert bighorn sheep that was illegally shot and killed in the McCullough mountain range, above the Anthem residential community in Henderson on June 6.

Operation Game Thief (OGT) Citizens’ Board is offering a $10,000 reward on information that leads to the arrest and conviction of the responsible party. A $500 reward was increased to $10,000 through private donations. The ewe was a lactating female and just over a week later, a lamb was also found dead

in the immediate vicinity. There were no injuries to the lamb and it was likely the offspring of the illegally killed ewe.

“Whoever killed this ewe is likely responsible for the death of two big-horn sheep in this case,” said Cameron Waithman, the investigating game war-den. “Killing a female big game animal of any species at this time of year is very likely to kill the offspring as well.”

At this time of year many of the ewes are caring for lambs born in the spring. Lambs are vulnerable and rely on their mothers to survive the early stages of their life, according to Waithman. As ur-ban sprawl continues to move into wild-

Outrage ups ante on reward for bighorn sheep poacher

Dan Heinz of Nevada’s Pah Rah Mountains died peacefully at home April 30, at the age of 75. A tough, bearded outdoorsman of the first order,” Dan’s career as a U.S. Forest Service ranger led to another in conserva-tion, in defense of wild lands and wildlife. Dan culti-vated activists like he shepherded the land at the high mountain home he shared with his wife, Karen Boeger.

He was co-founder of non-profit organiza-tions American Wildlands and Public Employees for Environmental Responsibility, and served as board member of many other conservation organizations, in-cluding Nevada Wildlife Federation.

Nevada Wildlife Federation Past President Gale Dupree recalls Dan’s service on the board: “Dan Heinz graduated from Colorado State University in 1958, three years ahead of me. His campfire chats will be missed. Here’s to you fellow patriot of taking care of the land. God bless him.”

As an outfitter, guide and black powder enthusiast, Dan’s hunting stories have been recounted around many a campfire.

In addition to his five children, John, Anne, Joan, Madonna and Mark, 10 grandchildren and 3 great-grandchildren, he leaves Karen, her children, Patrick and Carolyn Tanner and granddaughter, Ruby of Reno.

Donations in Dan’s honor will be gratefully ac-cepted from Backcountry Hunters & Anglers or any

provided by Karen BoegerDan Heinz served Nevada Wildlife Federation as a director for many years. He died in April.

Federation remembers former board member

conservation organization of the giver’s choosing, according to Dan’s obituary published in the Reno Gazette-Journal on May 8.

Members fund restorationBy Jack PrierNevada Wildlife Federation

Nevada Wildlife Federation members again are contributing money to the restoration of South Fork Meadows at South Fork State Park in Elko County. This project encompasses about 400 acres of grasses, willows, cottonwoods, sedges and forbs. This area in-cludes many riparian and meadow habitats that support deer, grouse, ducks, geese, weasels, badgers, snakes, egrets, blue herons and many other wildlife species.

The area had become largely overrun with vari-ous scourges of noxious weeds including Scotch and Canadian thistles and tall and short whitetops and knap-weeds. The rehabilitation project was to have used goats to munch away weed residues, but the cost was prohibitive, so the money was applied to better uses.

Large amounts of funding are being spent currently in targeted species-specific sprays to try to eradicate the weed patches this spring and summer. Grass and forb mixtures are being reseeded after the weeds die.

Optimism prevails as the meadow begins to return to a more-productive, semi-natural state that will sup-port more wildlife numbers and diversity. The South Fork River flows sinuously through the middle of the meadow and provides water that greens this little oasis in northeast Nevada. NvWF members are an active part of this restoration through their membership donations that help pay for part of this program.

stock photo provided Nevada Department of WildlifeThe poaching of a bighorn ewe near Lake Mohave, like the one pictured is being investigated by Nevada Department of Wildlife. The late spring killing likely led to the starvation of a lamb that was found dead in the same area later.

life habitat, game wardens are asking the public to be on the lookout for illegal ac-tivity and help protect Nevada’s wildlife.

“We don’t have a lot of game war-dens in Nevada,” said Waithman. “We really do rely on the public’s help to keep a watchful eye on their wildlife.”

“This was a senseless poaching that in effect killed two animals,” said Don

Quilici, of OGT.Nevada Department of Wildlife’s

Edwin Lyngar said the agency is follow-ing several leads.

Contact Operation Game Thief at (800) 992-3030 with information on the poaching. Callers may be eligible for the $10,000 reward. Calls will remain anon-ymous.

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6 Nevada Wildlife – Summer, 2012

Bureau of land management roundup

Arizona; East High School, Arcata field office, California; Bill Baker, Santa Rosa and San Jacinto National Monument, California; Craig and Marjorie Purdy, Upper Missouri River Breaks National Monument, Montana; Pat Bruce, Black Rock field office, Nevada; Sandra and Geoff Freethey, Moab field office, Utah. Martha “Marty” Dickes, Ridgecrest field office, California, is the winning BLM employee.

A national panel of BLM special-ists and partner representatives selected the award winners from a record number of nominees submitted by BLM state of-fices. The winners were selected for their

exceptional contributions to conservation and management on public lands.

In Fiscal Year 2011 alone, more than 30,000 volunteers contributed more than 1.2 million hours of their time in assist-ing BLM. That’s equivalent to the work of more than 690 full-time employees.

Pat Bruce, Black Rock Field Office, Nevada

As the Field Project Coordinator for Friends of Nevada Wilderness, Pat Bruce has devoted six years to coordinating volunteer projects within the Black Rock Field Office’s 10 Wilderness Areas and four Wilderness Study Areas (WSAs),

Bureau of Land Management

RENO, Nev. – With drought be-ing declared a natural disaster by the U.S. Department of Agriculture in 26 states including Nevada, Bureau of Land Management (BLM) is implementing measures to protect resources and pro-vide for multiple uses on public lands.

Across Nevada, a variety of actions have been taken by managers including banning fireworks to reduce the risk of wildfire, conducting an emergency wild horse gather to prevent further decline in the health of the animals as a result of re-duced forage and water and working with permittees to adjust cattle grazing in or-der to protect riparian areas and minimize impacts related to drought conditions.

Grazing permittees have the option of reducing stock on their allotments or go-ing into voluntary nonuse. Additional op-tions for managing cattle during drought include hauling water to places that have adequate forage or encouraging cattle to graze outside of riparian areas through the use of fencing or other means. The same goes for wild horses and burros. Alternatives exist for BLM to haul wa-

Restoration slated for Desatoya Mountains

Bureau of Land Management (BLM), Carson City District, Stillwater Field Office has issued a Decision Record (DR) for the habitat restoration phase of the final Environmental Assessment (EA) for the Desatoya Mountains Resiliency, Health, and Restoration Project. The DR for the habitat restoration phase will implement restoration treatments over a 10-year period on about 32,000 acres of public land in Desatoya Mountains in Nevada counties Churchill and Lander. This is the second of two DR’s issued for this project; the first DR was for a wild horse gather and maintenance program.

Fuels reduction begins this fall at Red Rock

LAS VEGAS – Bureau of Land Management, Southern Nevada District Office, Office of Fire Management an-nounced July 5 in the final Red Rock Canyon Hazardous Fuels Reduction Project Environmental Assessment that it will use two herbicides to create fuel breaks in Red Rock Canyon National Conservation Area. Treatments to reduce the amount of non-native invasive annual grasses and their seed bank will begin in the fall of 2012.

The selected alternative in the envi-ronmental assessment will use commer-cially available pre-emergent and/or post-emergent herbicides to create 300-foot fuel breaks along roads, trails and natural features and would compose 2,114 acres of treatment along approximately 65 miles as well as additional 2,346 acres of treatment within existing burn scars.

The reduction of invasive annual grasses and their soil seed bank will better provide for visitor and firefighter safety by reducing the spread and inten-sity of wildland fires, protect both public and private infrastructure, protect and en-hance native vegetation and habitat, and reduce annual grass expansion.

Bureau of Land Management

Bureau of Land Management (BLM) presented its prestigious “Making a Difference” National Volunteer Awards on May 24 to four individuals, three cou-ples, one group and one BLM employ-ee for outstanding volunteer service or volunteer leadership on BLM-managed lands.

The “Making a Difference Award” is an annual award presented by BLM that recognizes its most exceptional vol-unteers, whose efforts include trail re-pair, visitor services, habitat restoration and many other duties. The award was presented to recipients at a recognition event hosted at the BLM’s headquarters in Washington, D.C. The event included remarks from BLM Director Bob Abbey, Carl Rountree, Assistant Director for the BLM’s National Landscape Conservation System & Community Partnerships and Laura Davis, Chief of Staff for Department of the Interior Secretary Salazar.

Bob Abbey expressed his appre-ciation for the volunteers’ hard work in helping the BLM fulfill its multiple-use mission. “Our volunteers give us confi-dence in a bright tomorrow and are an inspiration to us all. We are sincerely grateful for their efforts. ” Abbey said. “I encourage everyone here to follow our honorees’ shining example of commu-nity service.”

The volunteers selected for this year’s awards were: Roland and Martha Mace, Farmington field office, New Mexico (Lifetime Achievement); Catherine Leonard, Glennallen field office, Alaska; David Hicks, Tucson field office,

which encompass approximately 1 mil-lion acres of BLM lands.

His long hikes into remote areas have enabled digitization of all routes, ways and WSA boundary features for use with Geographic Information Systems. This information has been critical to the ac-curate inventory of current conditions, including physical developments and disturbances related to livestock grazing, wildlife management, vegetation treat-ment, mining and recreation.

Pat has consistently provided timely, precise and useful information to BLM, including reports of potential violations. He has dedicated countless hours to the effort to gain wilderness designation for a Nevada WSA, providing both insight and labor to a diverse community group of wilderness advocates, off-highway-vehicle clubs, local ranchers, recreation-ists and area residents.

Pat also has been an active volunteer supervisor for non-wilderness projects. He and his volunteers have participated in dozens of restoration, protection and education projects to benefit BLM’s Black Rock Desert-High Rock Canyon Emigrant Trails National Conservation Area.

In addition to his on-the-ground ef-forts, Pat has coordinated extensively with area volunteer groups to provide education programs, conduct training, coordinate travel to remote locations and arrange supervised activities for the children of volunteers. Pat works closely with BLM staff to ensure that all projects follow best practices and comply with resource management plans and legal requirements. With good reason, Pat is a true asset to the BLM team.

Bureau of Land ManagementBureau of Land Management (BLM) Director Bob Abbey (left) presents BLM volunteer Pat Bruce with a Making a Difference Award on May 24 in Washington, D.C. while Laura Davis, and Nevada Acting Associate State Director Rex McKnight look on.

Volunteer gains national recognition for wilderness work

BLM takes steps to deal with drought

ter where adequate forage exists within a herd management area (HMA), mov-ing them to other areas where forage and water exist or removing small numbers through water or bait trapping.

Drought also impacts species such as the Greater sage-grouse. Tall grasses that provide cover for sage-grouse is also forage for other animals so balancing the needs of various species is a priority for BLM managers that requires creativity and cooperation with partners, permit-tees and the public to ensure that needs are addressed.

The restoration treatments are need-ed to restore balance between sagebrush, riparian and woodland plant commu-nities, all of which provide certain re-source values to the landscape including habitats essential for a wide variety of wildlife. Sagebrush habitats required for sage-grouse and other important wildlife species are being lost or degraded due to a shift from sagebrush to woodlands and are at risk from potential large, intense fires.

Greater sage-grouse, a BLM sensi-tive species, is also a candidate species for listing under the Endangered Species Act. In December 2011, the BLM is-sued Interim Management Policies and Procedures and a Land Use Planning Strategy to guide management for the greater sage-grouse. The BLM and U.S. Forest Service, meanwhile, are embark-ing on a two-year, 10-state process to conduct analyses through Environmental Impact Statements to incorporate greater sage-grouse conservation measures into land-use and land-management plans. This project will help meet these and BLM’s National Sage-grouse Habitat Conservation Strategy objectives.

Links to the EA are located at: www.blm.gov/nv/st/en/fo/carson_city_field/blm_information/nepa/nepa_archives.html under the heading Wildlife Projects.

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Nevada Wildlife – Summer, 2012 7

U.S. Fish and Wildlife Service

U.S. Fish and Wildlife Service an-nounced July 27 proposed hunting season lengths and bag limits for the upcoming 2012-13 late waterfowl seasons.

The proposed federal frameworks include duck hunting season lengths of 60 days in the Atlantic and Mississippi flyways, 74 days in the Central Flyway (with an additional 23 days in the High Plains areas), and 107 days in the Pacific Flyway. The proposed frameworks also include a full season on pintails with a two-bird daily bag limit nationwide, and a full season on canvasbacks with a one-bird daily bag limit nationwide. The pro-posed late-season waterfowl frameworks will appear in a mid-August edition of the Federal Register for public comment.

States select their individual seasons from within the federal frameworks that establish the earliest beginning and latest ending dates and the maximum season length and bag limits. Flyway-specific highlights of the proposed late-season frameworks are as follows:

Pacific Flyway (Arizona, California, Idaho, Nevada, Oregon, Utah, Washington and portions of Colorado, Montana, New Mexico and Wyoming):

Ducks: States are allowed a 107-day general duck season between Sept. 22, 2012, and Jan. 27, 2013. The proposed daily bag limit is 7 ducks, including no more than 2 mallard hens, 2 redheads, 2 pintails and 1 canvasback.

Geese: 107-day seasons are proposed for the Pacific Flyway between Sept. 29, 2012, and March 10, 2013. Proposed basic daily bag limits are up to 10 light geese and 6 dark geese. There are many excep-tions to the basic bag limits and season structures for geese in many states, so consult state regulations for specific de-tails.

The Service’s 2012 Waterfowl Population Status Report summarizes information on the status of duck and goose populations and habitat conditions during spring of 2012. In the traditional survey area, which includes the north-central United States, south-central and northern Canada and Alaska, the 2012 total duck population estimate was 48.6 million birds, an increase of 7 percent over last year’s estimate. Despite poorer habitat conditions compared to 2011, population abundance estimates are good for this breeding season. The total pond estimate for prairie Canada and United States combined was 5.5 million, which is down 32 percent from last year.

The annual survey results guide the Service’s waterfowl conservation programs under authority of the 1918 Migratory Bird Treaty Act. Each year the Service works in partnership with states from the four flyways to establish regu-latory frameworks for waterfowl hunting season lengths, dates and bag limits. All of this information represents the largest data set on any wildlife species group in the world and helps provide hunting op-portunities while ensuring the long-term health of waterfowl populations.

U.S. Fish and Wildlife Service

The U.S. Fish and Wildlife Service announced today that a petition seek-ing to protect the American black bear (Ursus americanus) in Nevada under the Endangered Species Act (ESA) does not contain substantial scientific data indicating the petitioned action may be warranted. Today’s decision, commonly known as a 90-day finding, is based on scientific information about the species provided in the petition and other scien-tific information in the agency’s files.

The Service made this determina-tion in response to a petition received from Big Wildlife and NoBearHuntNV.org on Sept. 6, 201l, seeking to add the American black bear in Nevada to the federal list of threatened and endangered species as a distinct population segment (DPS).

The petition did not provide substan-tial information, nor was there substan-tial information in the Service’s files, to indicate black bears in Nevada are mark-edly separate from other black bears out-side of the state based on physical, physi-ological, ecological or behavioral factors. Based on the review, the American black bear in Nevada is not listable as a DPS

under the ESA.“It’s the same black bears on either

side of the California and Nevada state line and there is no biological difference associated with this political boundary,” said Ted Koch, Nevada Fish and Wildlife Office State Supervisor. “Therefore, the bears on the Nevada side do not warrant treatment as a separate species under the ESA.”

American black bears are large ani-mals with black or cinnamon colored fur. Adult males generally weigh between 300 and 350 pounds in summer, but they can weigh in excess of 600 pounds. Adult females generally weigh around 150 pounds. However, weight varies greatly across the species’ range.

There are 16 subspecies of black bear in North America. Black bears in western Nevada belong to the subspe-cies U. a. californiensis, which is found in the Sierra Nevada of California and Nevada and the Cascade Range of north-ern California and south central Oregon.

A copy of the finding about the American black bear in Nevada is posted at www.regulations.gov. for more infor-mation see www.fws.gov/nevada or call Nevada Fish and Wildlife Office at 775-861-6300.

U.S. Forest Service

LAS VEGAS – Big changes are in store for Spring Mountains National Recreation Area, also known as Mt. Charleston. The U.S. Forest Service be-gan construction this summer to make improvements at several recreation sites.

Construction started at the Cathedral Rock Picnic Area on July 23 to renovate the site, resulting in 68 single-unit pic-nic spots, 20 double units, and 2 group units, as well as gathering spaces, a new water system, and new toilet facilities. A new, larger trailhead parking area for the Cathedral Rock trail system will provide safer and more convenient access at its new location away from the main high-way. The site is expected to reopen in early 2014. Cathedral Rock Picnic Area is now closed.

The Desert View Overlook project will renovate a popular stop along Deer Creek Highway (Nev. Route 158). The existing facility will be improved with a new accessible parking area adjacent to the highway to allow for increased park-ing for cars and RVs or busses. A new 1,100-foot pathway will be constructed to guide visitors to beautiful vistas of the valley 5,000 feet below.

Kyle Canyon Campground was closed for construction on July 21, 2012. The campground will be renovated into a picnic area to be reopened in 2013.

Also, in mid-July, construction on Lovell Canyon Road began. The entire northern end of Lovell Road, beyond mile 6, will be closed for about a month beginning after Labor Day in September.

“We want to get the word out that these sites will be closed during con-struction,” said Genny Wilson, Acting Spring Mountains National Recreation Area Manager. “We have set up a hotline for visitors to call to avoid people mak-ing the long drive up to the mountain only to find their favorite picnicking spot closed.

“We know this is an inconvenience for many who want to escape the summer heat to the cooler mountain environment; unfortunately our construction season is limited to mostly the summer months.”

The Forest Service recently com-pleted renovation of Mary Jane Falls and Trail Canyon Trailhead parking areas near the town of Mt. Charleston. “We want to remind visitors that camp-fires are not allowed at these trailheads,” said Wilson. Campfires are only allowed at picnic areas and campgrounds where a fee is charged; one exception is that a fee is not charged for Sawmill Day Use Area. Fire danger is extremely high right now.

Old Mill and Foxtail Picnic Areas as well as Fletcher View, Mahogany Grove, McWilliams, and Dolomite Campgrounds are open through August. These fee sites are managed by camp-ground hosts. For more information about construction activity or fire restrictions, call the Forest Service hotline at (866) 388-7162; on twitter@springmountains or www.gomtcharleston.com.

Agency proposes late season waterfowl hunting framework

endangered speCies aCt

Black bear does not warrant protectionUSFS renovates recreation sites on Mt. Charleston

U.S. Fish and Wildlife Service

LAS VEGAS – U.S. Fish and Wildlife Service (Service) announced July 17 that four species of sand dune beetles in Nye County, Nev., do not warrant federal pro-tection under the Endangered Species Act.

The four dune beetle species are the Crescent Dunes aegialian scarab (Aegialia crescenta), Crescent Dunes serican scarab (Sercia ammomenisco), large aegialian scarab (Aegialia mag-nifica), and Giuliani’s dune scarab (Pseudocotalpa giulianii). The decision, known as a 12-month finding, was pub-lished in the Federal Register.

“We found the Bureau of Land Management’s implementation of regu-latory mechanisms and policy to be successful in minimizing threats to the species from solar development, off-road vehicle use and mining,” said Ted Koch, the Service’s state supervisor. “Our deci-sion that protection of the four species of beetles is not warranted was made upon completion of a thorough review of the best available scientific and commercial information.”

This finding follows a 12-month sta-tus review and a 90-day petition evalua-tion and finding issued by the Service on Aug. 4, 2011. The reviews and subsequent findings were completed in response to a petition the Service received on Feb. 2, 2010, from Wild Earth Guardians seek-ing to protect six species of Nevada sand dune beetles. As announced in the 90-day finding, the petition did not present substantial scientific or commercial in-formation necessary to warrant further review of two of the species — Hardy’s aegialian scarab and Sand Mountain

serican scarab.The four sand dune beetles included

in the 12-month finding are known to occur only on public lands administered by Bureau of Land Management (BLM). The Crescent Dunes aegialian scarab oc-curs at Crescent Dunes and San Antonio Dunes, while the Crescent Dunes serican scarab occurs at Crescent Dunes.

Designated as an off-road vehicle (ORV) recreation area, Crescent Dunes is located about 12 miles northwest of Tonopah. San Antonio Dunes is about 15 miles north of Crescent Dunes. The large aegialian scarab and Giuliani’s dune scarab occur only at Big Dune and Lava Dune, located about 10 miles west of Lathrop Wells. Big Dune is a designat-ed ORV recreation area; however, BLM closed a portion of the recreation area to ORVs to protect the habitat of the two petitioned species of beetles found there. BLM also prohibits ORV recreation at Lava Dune.

The dune beetles live beneath clumps of living vegetation in unstable sand sur-rounding the dunes. They burrow into loose sand and eat decomposed plant matter. The Service reviewed potential threats to the dune beetles — including mining, solar development and ORV use — and found that mining is limited in scope, only one solar power project is in development, and ORV use is also lim-ited.

For all requests to develop solar power, BLM must evaluate the potential effects on the dune beetles and adhere to its sensitive species policy. Additionally, the Service would have the opportu-nity to provide recommendations to protect the beetles under the National Environmental Policy Act.

Protection not warranted for dune beetles

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8 Nevada Wildlife – Summer, 2012

alluring

ruBy lake national Wildlife refuge faCts

Ruby Lake National Wildlife Refuge is a wetland oasis in Nevada’s high desert. This remarkable refuge lies along the

eastern flank of the scenic, snow-capped Ruby Mountains. A pristine marsh, meadows, grasslands and shrub-steppe uplands provide essential habitat for thousands of nesting and migrating waterfowl, water birds, songbirds and other native wildlife. Ruby Lake National Wildlife Refuge, which supports the largest population of nesting Canvasback ducks west of the Mississippi River outside Alaska, is a vital waterfowl nesting area. At 6,000 feet in elevation beneath the snow-covered Ruby Mountains, its 17,000-acre marsh is a remnant of a larger body of water known as Ancient Lake Franklin. Then it covered about 470-square miles and was more than 200 feet deep. Now Ruby Lake is much smaller, with water depths less than 5 feet. In 1938, President Franklin D. Roosevelt established Ruby Lake as a “... refuge and breeding ground for migratory birds and other wildlife.” Located along migration corridors serving both the Pacific and Central flyways, this refuge is a crossroads for birds migrating west along the Humboldt River to the Owens Valley, east to Utah’s Great Salt Lake, northwest to Klamath Basin, and south to Colorado River Valley.More than 200 springs emanating from the base of the Ruby Mountains provide life-sustaining water to the 39,926-acre refuge. The marsh is surrounded by 22,926 acres of meadows, grasslands, alkali playa and shrub-steppe uplands. Water elevations in some marsh units are controlled to provide nesting and feeding areas for waterfowl and other marsh bird species. Vegetation in the meadows and grasslands is managed to provide nesting cover and feeding areas for wildlife. Ruby Lake is a unique refuge, set far away from civilization, but the area has held such a great impact on the development of the country. For more information contact: Ruby Lake National Wildlife Refuge, HC 60, Box 860, Ruby Valley, NV 89833, (775)779-2237.

– U.S. Fish and Wildlife Service

photos by Vikki Riddle

Nevada Wildlife Federation life member Danny Riddle of Las Vegas (above) laughs as he holds up a tenacious large-mouth bass that

he caught in early July at the Ruby Lake National Wildlife Refuge (Ruby Marsh), 85 miles southeast of Elko, Nev. Riddle a CPA and part-time hunting and fishing guide posted the photo on Facebook as a joke, he said, “but am amazed by the voraciousness of Largemouth Bass to take a lure larger than they are.” The lure is a top water plug with spinners. (At right) Riddle holds up a stringer of fish that he caught using the same lure that evening. “I brought home a perfect catch of 9 fish which means I could continue to fish,” he said adhering to the lake’s limit of 10 bass, 10 inches or more in length. Riddle is a guide for Hidden Lake Outfitters, licensed for fishing, deer hunting and Snow Cock hunting. “Guiding is an interesting business; how we can use leave no-trace concepts to get people to remote places without spoiling the solitude of the backpackers, hikers and other users,” he said.

Many of us Nevada Wildlife Federation (NvWF) members are so enthused about conservation that we release our fish back into an over-abundant population where their growth is stunted and a high percentage freezes in the winter. This hap-pens in several high mountain lakes, beaver ponds and streams. My solution: Eat them, and they are tasty.

The challenge in cooking trout in camp is to make sure they are cooked but not too dry or burnt, and done in such a manner to easily separate the meat from the bones. There is a variety of seasonings that go well with trout: bacon, garlic, onions, butter, flavored salts, peppers, mustard, so the variety is almost endless.

The method we used on a recent camping trip was so good,

it is worth sharing. The first step was to cut an entire clove of garlic into small slices, then to fry the garlic in a layer of oil, so that the oil is saturated with the garlic flavor. While the garlic is frying, there was time to coat the fish with a mixture of corn meal, seasoned salt and pepper.

When the oil is almost hot enough to smoke, it is the time to place the trout in the skillet and deeply brown each side. Then we moved the skillet to lower heat, placed tinfoil over the top to keep the fish moist, let it cook on each side for 5 to 10 minutes, and Wow! It was one great appetizer to munch on while the rest of dinner was cooking.

Danny Riddle is a NvWF life member who guides alpine fish-ing trips in the Ruby Mountains for Hidden Lake Outfitters.

Fishing guide fries simple, flavorful, fresh fish

Danny Riddle packed fresh garlic with him on a recent fishing trip to add flavor to these lake trout caught at a Ruby Mountain lake near Elko, Nev.

Classified adsUSGS Topographic maps for sale. 7.5 minute and 15 minute quads coverage of all of Nevada and much of Northern California – $2 each in new to good condition, postage extra. Contact Gale Dupree: (530) 993-6051, P.O. Box 428, Loyalton, CA 96118, e-mail: [email protected].

Nevada Wildlife is offering free wildlife/outdoor-related classi-fied advertising to current paying members. Please keep classified ads under 60 words. All ads are subject to editing for spelling, grammar and appropriateness. Please include your name, phone number and e-mail address in all correspondence regarding advertising. Classified ads are available for non-members for $10. Contact Lorna Weaver at [email protected] for publication dates and display ad prices.