Diamond Bar Cattle Company/Joe Delk Letters

Joe Delk, Member New Mexico Livestock Board PO Box 879 March 19, 2004 Mesilla Park, NM 88047

Daniel Manzanares, Executive Director New Mexico Livestock Board 300 San Mateo NE, Ste 1000 Albuquerque, NM 87108

Accompanying this letter is a report I made to Mr. Steve Libby with the US Forest Service, as a follow-up to a personal visit I made to the Beaverhead Ranger Station on Wednesday, March 17, 2004. Mr. Libby expressed to me, his gratitude for the help and cooperation he has received from you and Cliff Mascarenas.

I walked through the cattle and made several observations and suggestions covered in my report to Mr. Libby.

It is my opinion that the Forest Service personnel involved in the impoundment of the Laney cattle, including their contractor, are not sufficiently capable of handling and caring for these cattle in a manner that adequately satisfies me that there won’t be cattle unnecessarily injured or cattle that die from the stress and strain of the circumstance in which they have been placed.

It is my recommendation that the New Mexico Livestock Board take an active role in observing the care and handling of these cattle to insure that there can be no instance or inference of animal neglect or cruelty.

Mr. Steve Libby US Department of Agriculture, Forest Service 3005 E. Camino del Bosque Silver City, NM 88061

Thank you for the hospitality you demonstrated to me, Sheriff Cliff Snyder, Al Schneberger and G.B. Oliver when we visited Beaverhead Ranger Station on Wednesday, March 17, 2004 at approximately 2:30 PM. to inspect the Laney cattle currently impounded at that facility.

You stated that there were a total of two hundred fifty one (251) head in your possession that day and that these were all the cattle that had been impounded up to that point. That number consisted of all cattle including bulls, cows, yearlings and calves. You also told us that you were feeding 2.5 tons of hay per day divided into two feedings.

The comments and suggestions I make in this report to you are based on my years of experience in and around the cattle business. The opinions are mine and mine alone.

I saw two barbed-wire enclosures, which I estimated to be about 100 feet wide and 300 feet in length, I understand that you plan on reinforcing the barbed-wire fencing with cattle panels to provide safer, more secure enclosures.

The size of the enclosures is adequate for the assortment of cattle you have there, but only for three to five days in my opinion. If you are going to keep these cattle for a longer period than that, they will need more space. I realize that you will be adding more cattle in the days to come, so this will become even more important.

I observed that all cattle were together. There were bulls, dry cows, cows with calves and yearlings. I estimated that 10% of the mature cattle were in body condition score (BCS) 2, 15% BCS 4 and 5 and the rest were BCS 3’s. I did not consider this to be unusual considering the time of year and current range conditions.

However, the several cows I judged to be BCS 2, should certainly be sorted off and given special care or they will likely die. I think they are weaker than they look and are getting weaker by the day. The others in the 4 and 5 brackets included most of the bulls and most of the dry cows. They too should be sorted off to be fed and cared for at a different level. The cows with calves and all the others in the middle or BCS 3 group would benefit from the reduced competition from the dry cows and bulls.

Water availability to all cattle is probably the single most important concern when holding cattle in any type of enclosure for an extended period. You and I have already addressed the fact that the water in the water-troughs in these facilities was not accessible to smaller calves weighing 300 lbs or less. The water level was too low for smaller calves to stand at the trough and reach over the edge to get a drink. I feel certain that you addressed this as soon as we departed.

The quality of hay being fed to the Laney cattle is poor to fair at best. Generally, cows can consume low-quality roughage and do OK, especially in open range conditions. But in confined conditions that is certainly not the case.

The hay being fed to the Laney cattle is not very good hay. This hay is being consumed by cattle that are hungry but because of the low nutritive value, I would estimate that less than 35% of the hay that is consumed is actually being digested and utilized. The Forest Service may be saving money by feeding cheap hay but the condition of the cattle will most certainly deteriorate as each day passes.

I would suggest that you use better quality hay to help insure the cattle are strong enough to endure the ordeal they are experiencing.

These cattle may appear, to the inexperienced eye, to be content and relaxed. However, I could see stress in most. The cattle had been gathered, penned, sorted, loaded onto crowded trailers and hauled over rough roads to a strange place with strange people and strange activity all around. The cows with calves exhibited the most outward concern because they fear for the safety of their babies.

I mention this because ranchers recognize that this “stress” factor can cause a herd of cattle to decline in health and condition with amazing speed.

I ask you to address this with any and all Forest Service personnel involved with the impoundment of the Laney cattle and see to it that they are cognizant of this “stress” factor and that they should handle the cattle with that in mind.

This is absolutely inexcusable! I saw at least two cows with full udders searching for their calves. I saw one little newborn nursing his mother at one point and, later, one of the cows brought in without her baby. It is not normal for a cow to stand while another calf nurses her, but when she has lost her baby, it’s not unusual.

It is too late for the two baby calves left out in the forest. As you go forward with the impoundment, all wet cows should be paired before hauling them to Beaverhead to be sure they have their baby. If not, they should be released immediately to go to their calf. Then, once they are brought to Beaverhead, any wet cow that is bawling should be watched and if she has no calf, she should be returned to where she was gathered to allow her to find her baby. I would hope that you would address this with your contractors and not accept anything less than properly paired mothers with their babies.

I realize that anytime cattle are gathered, penned, sorted, loaded on trailers and hauled for any distance, some will invariably get skinned up in the process. I observed what I judged to be too many injuries to too many cattle. I didn’t count them but it was plain to me that there were a lot of cattle in these enclosures that had been handled roughly. Whether it occurred in the penning, sorting, loading or hauling, I’m not sure.

I would hope that you would address this with your contractors and not accept anything less than you would if they were your own cattle.

I observed at least three cows that had been hauled some distance while lying on the floor of a trailer. I realize that this sometimes occurs while hauling cattle in trailers with slippery floors especially when pulling steep grades over rough roads. I suspect that these cattle were hauled in trailers which contained too many cattle for the terrain and conditions of the roads.

I ask that you address this with your contractors and require them to not overload the trailers and be sure to stop frequently to check for cattle that are down.

Generally, I found the cattle to be in acceptable condition considering their circumstance. However, it is my opinion and concern that the cattle are being gathered, penned, sorted, loaded and hauled in a manner that is not consistent with the normally accepted beef quality assurance practices and procedures of most ranchers in New Mexico. Furthermore, it is my opinion that if the recommended changes aren’t made in the quality of feed, sorting of cattle, availability of water and the size and number of pens, the condition of the cattle will steadily deteriorate.

Cc: Daniel Manzanares, Executive Director, NMLB Cliff Mascarenas, Deputy Director, NMLB Don L (Bebo) Lee, President, New Mexico Cattle Growers Assn. All Members, New Mexico Livestock Board

These letters were accompanied by 5 pictures of the livestock. If you are interested, send me your email address and I will email you the pictures.

Do you have the name of the contractors and or the cattle haulers who are working with the Forest Service?

So continued penning of small calves with adult bulls and dry cows? Where did the boys learn about animal cruelty? They must have all gotten A+'s!

A couple of lost calfs, no big thing to worry about. It only took those calves two days to die. Maybe they were lucky and the coyotes got them. The wet mothers will dry up soon and won't be worth a damn. Shoddy hay? I'm sure the seller charged them as if it was 30% clover.

"The water level was too low for smaller calves to stand at the trough and reach over the edge to get a drink." I suppose nobody knows how to adjust a float level in the Forest Service .

"I observed what I judged to be too many injuries to too many cattle." What's the problem here? Aren't the cattle Vets listed in the phonebook? Cutters are selling for $35.00-$43.00 out West at the Shasta Livestock Market near Cottonwood.

Mrs. Laney should find a judge that will agree the cattle are not being cared for by competent hands and demand the release immediately!

As a rancher it breaks my heart to read these letters.You can tell by the tone of the letters that this is a big f##k up.The government and the contracters should be put under the same condition these cattle are under.This is a good case for the spca and have them pursue this disaster.

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