Sheep Industry News February 2022

Guard Dog Program Protects Against Industry Predators

E very year, ASI makes an appeal to those with ties to the sheep industry to support the Guard Dog Program. And every year, producers and others donate generously. But where does the money go, and how does it help the industry? The Guard Dog Program was established in the early 2000s as a way for the sheep industry to pool resources for litigation in areas rang ing from labor to endangered species to predators to grazing rights on public lands and everything in between. While the issues being litigated are generally focused on regional and state concerns, the precedents they set can carry national repercussions for the industry. And so, ASI uses Guard Dog funds to support litigation that protects the interests of the American sheep industry. ASI Executive Director Peter Orwick relays the discussion with past president Frank Moore of Wyoming that created the fund. He wanted a way to fund industry needs that association dues are insufficient to tackle. All dues to ASI go to Washington, D.C., and legislative and regu latory issues, so the association had no way to respond to other needs such as legal or trade issues. “As tens of thousands of guard dogs protect our ewes and lambs, the ASI Guard Dog fund helps protect sheep producers,” Moore said. The Guard Dog Program is supporting the California Wool Grow ers Association in its current battle over state labor laws concerning agricultural workers. Wages for H-2A sheepherders in the state have traditionally been set above the national mandate, and have played a role in proposed increases at the federal level in past years. So, it's we don't know how long we're in it for," said Andrée Soares of CWGA back in the fall. "I think we've been effective in our work. Plan ahead and have a war chest prepared for when you need to fight this battle yourselves." And that's exactly what ASI's Guard Dog Program has done: pre pared for the battle. BIGHORN BATTLE One of the toughest battles facing the sheep industry is the loss of grazing allotments throughout the West. Environmental groups look ing to obliterate multiple use mandates on public lands have seized on bighorn sheep and their continued health issues to blame domestic important that the American sheep industry weigh in on what appears to be a state issue at first glance. "This battle is expensive, and

sheep for spreading disease. They've prevailed in court at times, forcing large Western range flocks out of business after nearly a century of preserving the land. Third-generation sheep producer Mark Martinez hopes to one day pass the family's Washington State operation down to his two sons, but that dream took a nightmarish turn in recent years when he found himself the target of one such lawsuit over grazing allotments in the Okanogan-Wenatchee National Forest. "Despite an exemplary record by Martinez Livestock and the upward trend of bighorn sheep populations in the area, plaintiffs sought to halt Martinez Livestock from turning out domestic sheep onto Forest Service lands that it has grazed for decades, relying on what is known as the 'Risk of Contact' model, which is often used by environmental plaintiffs as a weapon to halt domestic sheep grazing on certain public lands," read a statement from the Western Resources Legal Center after a judge denied the plaintiffs request for a preliminary injunction to halt grazing. "In representing Martinez Livestock, WRLC argued, in part, that the alleged risks to bighorn sheep were highly speculative and mitigated successfully through the use of extensive best management practices to reduce the likelihood of bighorn sheep/domestic sheep interactions and outbreaks. Further, WRLC argued that the Forest Ser vice’s Risk of Contact model cannot be exclusively relied on to deter mine the risk of disease transmission. "Judge Peterson of the U.S. District Court for the Eastern District of Washington agreed. She held that the Risk of Contact model is only one

piece of the puzzle when assessing disease transmission risks between bighorn and domestic sheep. While sheep ranchers have argued the limited value of the Risk of Contact model for many years, this judicial recognition of the limits of the model serves as a beacon of hope.

"In weighing the public interests at stake, Judge Peterson also recog nized the benefits of a community-oriented business and the derivative local and community benefits, such as employment opportunities and research to support state universities." While ASI was not a party in the case, the association did file an am icus brief and worked as a conduit to connect the Martinez family with WRLC. Guard Dog funds were also committed to the legal battle. "As a longtime contributor to the association, it paid off when we needed it," said Mark Martinez, whose wife, Wendy, and brother, Nick, were also involved in the case. "The Guard Dog Program is an out

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