The court’s decision turned on the classification of the Gila feral cattle. Plaintiffs claimed that the cattle are “unauthorized livestock” defined under 36 C.F.R. § 261.2 as “cattle . . . which [are] not authorized by permit to be upon the land on which the livestock [are] located and which [are] not related to use authorized by a grazing permit.” USFS opposed this classification, claiming that the Gila cattle did not fall under the 36 C.F.R. § 261.2 unauthorized livestock definition because they are feral. For the purpose of the grazing and livestock use code, “[l]ivestock means animals of any kind kept or raised for use or pleasure.” 36 CFR § 222.1. This definition fails to describe feral cattle that are not kept, raised, or used for pleasure. The Gila cattle are wild and unowned. The Court accepted USFS’s reasoning that if the Gila cattle do not meet the definition of livestock under 36 C.F.R. § 222.1, they cannot be unauthorized livestock under 36 C.F.R. § 261.2.
Because the Gila cattle are not unauthorized livestock under 36 C.F.R. § 261.2, plaintiffs’ claim that the USFS is required to apply disposal procedures for unauthorized livestock on public lands failed. Under unauthorized livestock impoundment and disposal procedures, “[w]hen a Forest officer determines that [unauthorized] livestock use is occurring, but . . . the name of the owner is unknown, such livestock may be impounded.” 36 C.F.R. § 262.10(b). If impounded unauthorized livestock go unclaimed, they will be sold at public auction. 36 C.F.R. § 262.10(f). The New Mexico cattle industry insisted that feral animals should be rounded up and auctioned, but the court deferred to the USFS’s classification of the Gila cattle as feral. Thus, the Gila cattle are not subject to the impoundment and disposal procedures under 36 C.F.R. § 262.10. This leaves USFS free to employ alternative disposal procedures including lethal disposal by arial gunning.
While the USFS does not have an official feral cattle policy, the agency cooperates with others to remove feral cattle believed to jeopardize ecosystems or human health and safety. The Gila feral cattle problem is ultimately unresolved. Only 19 cattle were removed by arial gunning after the New Mexico district court denied the request for injunction, and the USFS estimates the remaining Gila cattle to number around 150 feral animals. Furthermore, this issue is not limited to Gila National Forest. There are populations of feral cattle in western states including Alaska, northern and southern California, Nevada, and Utah.
Feral populations can originate from cattle legally permitted by USFS or the Bureau of Land Management (BLM) to graze on public lands. These cattle may wander away from the herd, or animals may be abandoned. The BLM issues grazing permits on 155 million acres of public lands. The USFS issues grazing permits on over 70 million acres of national forestlands. Based on USFS statistics, authorized cattle grazing on the National Forest System (both forest and grassland) totaled 1,187,282 cattle in 2021. The number of USFS-authorized cattle grazing far outweighs isolated feral cattle populations. Cattle will graze to sustain themselves whether they are permitted or feral. All grazing cattle may potentially damage ecosystems and national historic sites. Because the USFS authorizes almost 1.2 million cattle to graze on public lands this calls into question the need for culling small feral populations while so many lawful grazing permits are being issued elsewhere.
Simply comparing the environmental damage done by over a million legally permitted grazing cattle to the amount of damage done by a handful of feral cattle slated for arial gunning based on their unpermitted status overlooks an ethical issue. In planning to eliminate the feral population, the welfare of individual cattle within the population is overlooked. Studies have indicated that cows recognize individual humans and conspecifics, exhibit emotions, and enjoy play. Furthermore, there is evidence to suggest the “possibility of sophisticated levels of psychological capacities in cows, such as self-awareness and empathy.” Feral cattle culling affects individual animals. When cows are hunted by helicopters, they are terrorized. Although ariel gunning is considered more humane than roundups, frightened animals flee and injure themselves. While agencies may strive to provide a humane ending, cattle culling is a cruel process. The ethical issue of feral cattle culling must be addressed.
Not all feral cows are treated equally by federal agencies. Some feral cows are targeted for lethal removal while others are considered valuable assets. For example, in Alaska around 2,000 cattle are grazing on Chirikof Island in the Aleutian Island chain. Chirikof Island is within the Alaska Maritime National Wildlife Refuge, managed by the U.S. Fish and Wildlife Service. The refuge is habitat for marine mammals and over 40 million seabirds. However, Chirikof Island has been transformed into an isle of cows, degrading seabird habitat.
It is believed that the Chirikof Island cows were introduced by Russian settlers in the 1800s prior to the sale of Alaska to the United States. The cows have a unique genetic profile. USDA Agricultural Research Service researchers have analyzed the genetics of the Chirikof Island cows, and found them to be different from the cattle breeds used in mainland industrial animal agriculture. The Chirikof Island cows are a mixed breed with genetics indicating Brown Swiss, British Hereford, and Russian Yakutian ancestry. The USDA Agricultural Research Service and other researchers have determined that these genetics give Chirikof Island cows characteristics “such as cold-hardiness or adaptability to specific forages—that would be valuable for cattle breeders and producers.”
While the Gila feral cattle are being culled through arial gunning, there are no plans to rid Chirikof Island of its feral cows. Both populations are degrading ecosystems, but they are being treated differently. Agency capture is a potential reason. The USDA “help(s) to keep America's farmers and ranchers in business.” Chirikof Island cattle with their unique hybrid genetics may be beneficial to industrial animal agriculture, but the Gila feral cattle offer no such benefits.
Regardless of whose interests prevail, feral cattle issues should be humanely resolved or avoided altogether. Law enforcement and technological solutions are needed. Grazing on public lands is a subsidized privilege, with USFS and BLM charging permittees a paltry $1.35 monthly per grazing animal unit in 2023. Permit violators are subject to fine or permit suspension, remedies that are rarely enforced. When armed citizens aim their guns at the BLM with impunity, federal agencies, including the U.S. Department of Justice, must enforce federal laws.
As technology evolves, there are new methods to track cattle. Grazing privileges on multi-use public lands are subject to agency regulations, and those agencies can make grazing permitting dependent on meeting mandatory tracking requirements. The voluntary programs in place for animal identification were initially created for disease traceability but following the COVID pandemic and considering the proliferation of farmed animal diseases, traceability should be a requirement for all industrially farmed animals, including grazing cattle. Cattle can now be tracked using solar-powered GPS ear tags or collars. On November 5, 2024, a new USDA rule took effect that will require electronic identification ear tags on certain cattle and bison interstate commerce, and USDA APHIS currently has a program to provide free electronic ear tags through state veterinarian offices. Regardless, this rule does not go far enough. Considering the substantial taxpayer subsidization of grazing costs, requiring comprehensive GPS tracking and individual animal identification for permit issuance and renewal is not unwarranted.
Stepping back from the ecological concerns of overgrazing, the plight of individual feral cattle should also be considered. These cattle are innocent animals not unlike our canine and feline companions. Cows are sentient beings who have individual personalities, preferences, friends, can learn new tasks, and have long-term memories. Gunning them down from helicopters is inhumane. The Gila feral population is small but is causing environmental damage, requiring agency action. One solution is to work with volunteer veterinarians or use AI powered drones to dart and sterilize animals, reducing reproduction. Cows outside of the industrial animal agriculture complex may live for 20 years. The Gila population has persisted for almost 50 years, but sterilization could end the population in the next two decades. Another humane option would be to tranquilize and relocate the cattle to a sanctuary.
These options are difficult and costly, possibly requiring private or philanthropic investment. Irresponsible permittees and lax law enforcement have created this situation. Cooperation is needed to find a humane solution.
