MCIRVINS COLVILLE USFS GRAZING ALLOTMENT CLOSURE REQUEST

Do you see the required 8″ remaining of native grasses? Appears more like dust. This is typical on all Colville USFS Allotments based on Our Photographer

Adam Carlesco Attorney has Updated COMPLAINT BELOW:

RE: Review and Rescission of the Forest Service Grazing Permit for Bill McIrvin and the
Diamond M Ranch

In Addition This Complaint is being submitted in Support on Behalf of The Kalispel Tribe, for an Approval of a Cultural Closure Request for the Kalispel Tribe, then its Denial by James Pena 2 days later. The Previous as well as Current Regional Foresters have refused to act upon.

Introduction
This complaint requests that the U.S. Forest Service (“USFS” or “Service”), responsible for the
management of Colville National Forest, review and/or rescind the grazing permit of Diamond M
Ranch, located in Laurier, Washington and owned by Bill McIrvin, for continued failure to practice
adequate animal husbandry techniques to protect a Washington State endangered species held as
Sacred by Traditional Native American Cultural Beliefs on federal land, which includes documented
overgrazing.

McIrvin’s past, as well as current, history proves ill intent beyond a reasonable doubt. This behavior
is in violation of USFS policies and regulations. Diamond M Ranch’s failure to abide by cooperative
agreements with the Washington Department of Fish and Wildlife (“WDFW”) concerning

livestock/predator interactions, have single-handedly resulted in the lethal control and eradication of
nearly 20% of Sacred gray wolves (Canis lupus) within Washington state and have accounted for
three-quarters of all state-sponsored lethal control events since the return of Sacred gray wolves to
the state in 2008. He has also refused use of WDFW supplied Range Riders during summer months
as reported by WDFW.

These Images are directly from  Colville USFS Allotments

We have provided documented photographic evidence with the original complaint to previous
managers, which USFS continues to overlook, showing the blatant disregard for following
regulations set out in his USFS grazing permit by not monitoring overgrazing. The submitted pictures show sufficient good cause to terminate McIrvin’s Allotments. This stand of grass that was placed there for the Creator’s wildlife, all of which Traditional Native Americans hold Sacred, yet overgrazing in violation of McIrvin’s USFS permit has rendered this little more than a patch of dust.

This permittee’s ongoing needless and potentially deliberate creation of conflict with wildlife
threatens to violate USFS policies governing sensitive species, viable wildlife populations, and cumulative adverse effects on native wildlife. For these reasons, Protect The Wolves™ representing 57,750 followers requests USFS to review permittee operations of Diamond M Ranch and develop conditions that would avoid continued violations of USFS policies and regulations, or state and
federal laws. Furthermore, if the permittee is unwilling to cooperate with USFS personnel on
adherence to agency rules, then we urge the USFS to restrict or rescind the grazing permits of
Diamond M Ranch for its Lambert and CC Mountain allotments.

In addition, Protect The Wolves™ requests that USFS list the gray wolf (Canis lupus) as a sensitive and Sacred species and adjust accordingly protections afforded to the wolf under the Service’s Forest Management Plan for Colville National Forest, as well as all other National Forests. The Wolf, one of all the 4-leggeds and winged-ones, holds significant Sacred Cultural value to all Indigenous peoples that practice the Traditional Teachings, as such deserve the same level of reverence and protection from unlawful government infringement and any Ibrahimic beliefs, practices, or relics.

Diamond M Ranch Wildlife Conflict
1. Wedge Pack
Bill McIrvin runs the largest cattle ranch in Washington, Diamond M Ranch, and grazes his cattle on
a large portion of federal lands within the Colville National Forest. In the summer of 2012, Mr.
McIrvin requested WFDW assistance in the eradication of the Wedge Pack of gray wolves, a species
listed as endangered under state law. This resulted in the slaughter of 7 wolves by marksmen from
helicopters, at a time when wolf populations within the state numbered only 521 – thus constituting
roughly 13% of all wolves statewide. This eradication was ordered despite conflicting opinions given
to WDFW by a variety of experts as to whether the initial livestock injuries and deaths of Mr.
McIrvin’s livestock were even attributable to wolves. During the months these events took place, Mr.
McIrvin had refused to cooperate in implementing adequate nonlethal conflict-prevention measures,
as required by Washington’s Wolf Conservation and Management Plan. Furthermore, in public
statements to the media, Mr. McIrvin made abundantly clear his disdain for wolves, government
agencies, and conservation efforts; with many people having heard him state that “the only good
wolf is a dead wolf.” 1

Following this event, Washington State University (“WSU”) began engagement with the Washington
Wolf Advisory Group on outreach and research efforts to reduce confrontations between wolves and
livestock. This initiative achieved great success statewide with non-lethal deterrent measures
through a combination of range-riding, avoidance of known den sites, use of fencing, use of guard
dogs, and radio-collaring of livestock. Additionally, the WDFW offered financial recompense to

1 http://www.cascwild.org/wp-content/uploads/2014/06/WA-Lethal-Control-Rule-Petition-Final.pdf

ranchers who were cooperating signatories of the WDFW Cooperative Damage Agreement and had
lost livestock due to wolf depredation. Mr. McIrvin and Diamond M Ranch had refused to cooperate
with WSU or WDFW, they refused to enter into a Cooperative Damage Agreement, and they failed
to employ the vast majority of predator avoidance measures recommended by WDFW.

2. Profanity Peak Pack
In the summer of 2016, Mr. McIrvin chose to release his 227 head of cattle onto a 30,000+ acre tract
of Forest Service land near Kettle Falls and Profanity Peak pursuant to his USFS grazing permit.
Ranch personnel had entered the USFS land near Profanity Peak, within the Lambert allotment, and
installed salt block attractants within 200 yards of an established wolf den site; a site that had been
occupied the year before and was well known by county commissioners, WDFW, and area ranchers.
During this summer, Mr. McIrvin had continued to eschew recommended protocols for avoiding
livestock/wolf confrontations, and by placing the salt blocks, indeed sought to attract his cattle
directly to this wolf den site. As expected, attacks on livestock began shortly thereafter resulting in
the deaths of 12 of McIrvin’s cattle. WDFW was then requested to slaughter members of the
Profanity Peak Pack against the recommendations of wildlife experts. In the late summer and early
autumn of 2016, against the protestations of wildlife ecologists and researchers in large carnivore
biology, WDFW began the hunting and eradication of the Profanity Peak wolf pack. This was
achieved through the use of marksmen hovering overhead in helicopters and resulted in the
slaughter of all adult members of this pack and the likely starvation of all pups. This operation cost
Washington taxpayers around $135,000 and will likely do little to curb livestock/wolf confrontations in
the future, as numerous studies have demonstrated that lethal control is largely ineffective at
reducing state or local levels of depredation. 2

3. OPT Pack
In the summer of 2019, Mr. McIrvin chose to release his cattle onto the same 30,000+ acre tract of
Forest Service land near Kettle Falls and Profanity Peak pursuant to his FS grazing permit. He
chose to Refuse Federal or State Range Riders as reported on or about July 6th, 2019.  Prior to
August 16th, The Capital Press reported that 6 Wolves had already been slaughtered, then the

2 Wielgus RB, Peebles KA (2014) Effects of Wolf Mortality on Livestock Depredations. PLoS ONE
9(12): e113505. https://doi.org/10.1371/journal.pone.0113505 ; Chapron G., Treves A., 2016, “Blood
does not buy goodwill: allowing culling increases poaching of large carnivore,” Proc. R. Soc. B. 283:
20152939. Available at: http://faculty.nelson.wisc.edu/treves/pubs/Chapron_Treves.pdf.

morning of the court hearing WDFW slaughtered an additional 4 as reported by the AGS Staff
Attorney at the hearing. The consistent ongoing problems that McIrvin has created over the years
have established a pattern of proof that he has no concern for Rules or Regulations as they pertain
to his Permits, and burdens the Taxpayer unfairly.

Mr. McIrvin refused offers of financial compensation by the State for his lost cattle, and instead
demanded that WDFW eradicate the entirety of the wolf den at Profanity Peak.

Since the eradication of the Wedge pack, WDFW and WSU researchers have sought to have Mr.
McIrvin join the state-sponsored Cooperative Damage Agreement, which has worked remarkably
well at avoiding depredation events and has gained the support and acceptance of the majority of
area ranchers. Despite its efficacy and recompense measures, Mr. McIrvin and the Diamond M
Ranch have continually refused to become a signatory of the State’s Cooperative Damage
Agreement. They have also failed to cooperate with WDFW or to follow the recommendations of
conservation biologists for best management practices.

Resulting Adverse Effects on Colville NF wolves and Cultural and Sacred Resources
Research from across the nation has shown that lethal control is not an effective or efficient means
of ensuring long-term state or local level depredation reductions. 3 However, lethal control is currently
being employed with a near annual regularity on federal lands in eastern Washington. The majority
of wolves killed by state efforts were suspected of preying upon livestock grazing on FS land;
principally the livestock of a single FS permittee, Mr. McIrvin, who has willfully disregarded best
management practices for avoiding livestock/predator interactions while operating on those public
lands. Based upon preliminary data from Washington State University’s Large Carnivore
Conservation Laboratory, Mr. McIrvin’s cattle depredation rates were roughly 15 times higher that
the state wide average. Due to the Mr. McIrvin’s lack of cooperation with state conservation efforts,
his continued disregard of best management practices, and prompt requests for lethal control,
WDFW has eradicated 14 wolves – or around 15% of the state’s gray wolf population – at the behest
of one USFS grazing permittee. These eradication’s which targeted all adult pack members have

3 Id.

also contributing to the likely starvation of all the packs’ pups as well as wounding animals causing
unneeded suffering. 4

USFS Policies Contravened
1. “Sacred” Gray Wolves Warrant FS Protection as a “Sacred Cultural” Sensitive Species
While the Sacred gray wolf is delisted under the federal Endangered Species Act within the Northern
Rocky Mountain region, which includes eastern Washington, the species is still listed as endangered
under Washington state law. See WAC 232.12.014; RCW 77.15.120. As a state listed species, the
gray wolf requires protection by the Forest Service and designation as a “sensitive species” within its
eastern Washington range. The Forest Service Manual states at Section 2670.5.19 that “Sensitive
Species” are “[t]hose plant and animal species identified by a Regional Forester for which population
viability is a concern, as evidenced by: (a) Significant current or predicted downward trends in
population numbers or density (b) Significant current or predicted downward trends in habitat
capability that would reduce a species’ existing distribution.” Furthermore, under Section 2672.11,
Regional Foresters “shall identify sensitive species occurring in the region based upon … state lists
of endangered, threatened, rare, endemic, unique, or vanishing species, especially those listed
as threatened under State law.” The Forest Service Manual states at Section 2672.1 that
“[s]ensitive species of native plant and animal species must receive special management emphasis
to ensure their viability and to preclude trends toward endangerment that would result in the need for
Federal listing. There must be no impacts to sensitive species without an analysis of the significance
of adverse effects on the populations, its habitat, and on the viability of the species as a whole. It is
essential to establish population viability objectives when making decisions that would significantly
reduce sensitive species numbers.” (emphasis added)

As of the end of 2016, the gray wolf population numbered approximately 115 wolves, belonging to
20 separate packs, in the State of Washington (human population: 7,288,000; cattle population:
1,150,000).4 Due to its miniscule and fragile population, it is a criminal offense under state law for
private citizens to kill a wolf; however, the State allows WDFW to exterminate wolf dens that have
predated upon area livestock. Ranchers as well as their livestock can be compared to a an
unwanted infestation upon the resources of our Children. Since the removal of federal protections to

4 http://www.cattlerange.com/cattle-graphs/all-cattle-numbers.html

this species under the Endangered Species Act, WDFW has killed around 30 wolves, also likely
leading to the starvation of numerous orphaned pups, needless suffering by wounding animals due
to the use of a scopeless Shotgun at the behest of livestock ranchers, constituting roughly 25% of
the state’s current 2019 wolf population. In comparison, loss of 20% the wolf population due to
human-caused mortality within Wisconsin was sufficient grounds for a federal judge to rule that such
wanton slaughter of wolves justified a continued federal endangered listing, as they were obviously
failing to be protected under state law and regulation. 5

McIrvin has established a pattern of willfully staging conflicts with our Sacred Species so as to
perpetuate for further eradication of the Wolf; just as his settler ancestors had done to both Sacred
Species and Native Peoples in the past centuries.

It was promising that the draft Land Management Plan for Colville National Forest now lists the gray
wolf as a sensitive species; 6 however the applicability of this plan was still six months away at the
time of the first complaint was submitted and not until after the 2017 grazing season. Furthermore, it
is evident that WDFW’s lethal control program is serving as little more than a regulatory work-around
for a private rancher to utilize state resources for the slaughter of endangered species within grazing
areas that they wish to use. The Sacred gray wolf, without a doubt, fits the USFS’s definition of a
sensitive species within Washington and is absolutely deserving of protection under the Agency’s
regulations; protections that must be afforded a Species held Sacred by Traditional Native
Americans for millennia.
2. Continued Viability Requirements
Even apart from the need for a Sacred Sensitive Species designation, the Service is required to
ensure that it protects endangered species within the issuance of its permits and the realization of its
forest usage plans; however, the Service has failed to abide by its own rules in its permitting of
grazing lands. In regulations promulgated as required by the National Forest Management Act, 16
U.S.C. § 1600 et seq., USFS management planning requires that “wildlife habitat shall be managed
to maintain viable populations of existing native and desired non-native vertebrate species in the
planning area.” 36 C.F.R. 219.19 (emphasis added). Federal courts have further held that the Forest
5 Humane Society v. Jewell, 76 F. Supp. 3d 69 (D.D.C. 2014)
6 https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/fseprd490078.pdf

Service must use common sense and apply its fish and wildlife expertise in implementing these
requirements. Seattle Audubon Society v. Mosely, 798 F. Supp. 1484 (W.D. Wash. 1992). This
would require the use of the Best Available Science which includes studies by Dr. Robert Wielgus,
and now Grizzly Recovery Coordinator Hilary Cooley.

It is evident that the continued leasing of Forest Service land for grazing, within habitat of the state-
listed endangered gray wolf, can, and in this case does, cause very real and devastating impacts on
the continued viability of the Sacred gray wolf in eastern Washington. The failure of a Forest Service
grazing permittee to cooperate with WDFW, to refuse State Range Riders or to employ adequate
animal husbandry practices has directly resulted in the slaughter of numerous wolf packs; or roughly
30% of the state’s wolf population. Allowing this situation to continue constitutes a flagrant disregard
of the USFS’s duty to use common sense application of agency expertise in classifying sensitive
species, to maintain policies that preserve the continued viability of sensitive species and other
native species on USFS land, and to ensure no impacts occur without an analysis of adverse effects.
3. Cumulative Adverse Effects on Native Wildlife
USFS regulations require that the Service “[p]rovide habitat management direction to ensure
maintenance of viable populations [of sensitive species] generally well-distributed throughout their
range.” FSM 2620.3.2. This language has significant application here, as the eradication of both the
Wedge Peak and the Profanity Peak packs by WDFW at the behest of the USFS permittee McIrvin
has removed wolf populations from a large stretch of their habitat within northeastern Washington.
Furthermore, the Huckleberry pack south of Profanity Peak was eradicated as well during 2014.
Currently as reported by the Capital Press, 6 OPT Wolves prior to the August 16th Hearing, then 4
more the morning of the hearing. Continued failure by the USFS to address this ongoing abuse of
lethal control on USFS lands in northeastern Washington threatens the viability of well-distributed
populations; forcing wolves away from large swaths of national forest lands and spacing wolf packs
further apart. It further constitutes a direct violation under the public trust to protect the public lands
for all – not just the chosen few.

Additionally, the Service must also “[e]valuate the cumulative effects of proposed management
activities on habitat capability for management indicators.” FSM 2620.3.3. This provision shows that
failure to review and/or rescind the permitted grazing allotments for Diamond M Ranch would be in

violation of this USFS provision. When reviewing the uses of USFS land, the Service must assess
what impact such activities have on the sensitive and endangered species within the vicinity as well
as wildlife populations generally. “Cumulative effects,” as provided in the regulation, must include
continual effects of opening lands to grazing and inadequate permittee husbandry practices. By
allowing Diamond M Ranch, the largest ranch in the state, to continue grazing operations without
effective oversight or wildlife conflict prevention protocols, there is a demonstrable effect on the
continued viability of the endangered gray wolf within Colville National Forest.
4. Violations beginning with 2016 Permit Requirements flowing consistently thru 2019
Requirements
Following the 2016 depredation events by the Profanity Peak pack, WDFW and WSU staff visited
the site of the depredations and the area surrounding the wolf densite. Cameras were installed by
WSU large carnivore biologists that tracked the behavior of the wolf pack and Mr. McIrvin’s cattle
within the area. These cameras were installed along a roadside with clear footage of the road.
Researchers found that Mr. McIrvin had installed a salt-block attractant within roughly 25 feet of the
road. Bill McIrvin’s 2016 USFS grazing permit contained an express restriction banning the
installation of salt-block attractants near roadways or trails. Mr. McIrvin blatantly violated the
provisions of his grazing permit during 2016 near Profanity Peak; resulting in grazing habits that led
to the ultimate eradication of a significant portion of Washington State’s endangered gray wolf
population. As per the terms of the grazing permit, a direct violation of these terms is sufficient
grounds for revocation of the permit.

USFS Management Options
The USFS possesses the legal authority to revoke grazing permits and close USFS lands as a
means of protecting the population and habitats of endangered species; 7 in this instance, the USFS
must review or revoke the grazing permit of Diamond M Ranch to ensure the continued viability of
the endangered Sacred gray wolf in eastern Washington, or anywhere else that is in direct conflict
with a den site location. Regional Foresters are tasked with the responsibility to “coordinate the
overall Regional Threatened, Endangered, and Sensitive Species Program to ensure compliance
with law and policy.” FSM 2670.44.1. While the USFS has been working with the Bureau of Land
Management through the Interagency Special Status/Sensitive Species Program, the conservation
7 FSM 2670.44.15; see also 36 CFR 261.70

strategy released by the Program is outdated (2006) and fails to consider conservation issues of the
gray wolf, which has re-colonized its former range in eastern Washington since the drafting of this
strategy. 8 As the Service is required to “[a]void or minimize impacts to species whose viability has
been identified as a concern,” 9 a new review of its conservation strategies is necessary that includes
the sensitive status of the Sacred gray wolf within this region, as well as all Regions due to Native
American Cultural beliefs. Furthermore, regional foresters must establish programs to determine
which sensitive species are present within FS land and ensure that management objectives for the
conservation of sensitive species are included in regional and forest planning. 10 It appears that the
FS has failed to adhere to these requirements since the re-emergence of the Sacred gray wolf within
the Colville National Forest; for this reason, it is imperative that the Service commence review of
management practices to protect the Sacred gray wolf.

Additionally, the regional forester is bestowed the authority to “[a]pprove closures of
National Forest System lands as necessary to protect habitats or populations of threatened,
endangered, proposed, or sensitive species.” 11 Regional Forester Rodney Smoldon has already
approved 1 Cultural closure request for the “Kalispel Tribe”, which 2 days later was denied by then
supervisor Jim Pena. This is a direct Violation under the Trust Responsibilities in preserving lands or
resources held as Sacred by Native Americans for continued cultural practices.
Furthermore, grazing permits issued by the FS may be cancelled, in whole or part, for failure to
comply with any terms and conditions specified within the permit or for violation of federal or state
laws and/or regulations. In this instance, the operators of the Diamond M Ranch have likely violated
RCW 77.15.120’s prohibition of the unlawful taking of endangered wildlife.  Further have more than
likely violated by allowing overgrazing as the attached pictures will prove. Policy states a height
requirement to be left, it appears to be far less than the prescribed rules. This state law provides that
a person is guilty of unlawful taking of endangered wildlife when a person maliciously harasses an
animal designated as endangered without a permit issued by the State. At the Direction of Len
McIrvin of the Diamond M Ranch, livestock were delivered to a known location of a Rendezvous Den
site, then Salt Blocks placed which were not moved for a month after request by WDFW. Len

8 https://www.fs.fed.us/r6/sfpnw/issssp/planning-documents/assessments.shtml
9 FSM 2670.32.3 7
10 FSM 2670.44
11 FSM 2670.44.15; see also 36 CFR 261.70.

McIrvin did this when it attracted and thus intentionally grazed its cattle in the direct vicinity of a
known wolf den. In doing so, Protect The Wolves Tribal Endorsers have requested that they
investigate the Commercial Lien Process and apply it in this situation. Note: Commercial Liens are
not stoppable by a Judge.

Need for USFS Action
The long-term use of lethal control management tactics severely threatens the continued existence
of the gray wolves present on Forest Service land. For comparison, during a period where Wisconsin
saw diminished federal oversight of the lethal control of wolves, their populations dropped by 20% in
just 2 years. 12 Then a federal court stepped in, ruling that the wolf was indeed federally endangered
in that range and that Wisconsin had failed to take proper conservation measures. 13 Allowing grazing
on Forest Service lands in a manner that will contribute to the loss of gray wolves could contribute to
a similar scenario in Washington State. This possibility is heightened by the fact that the Wolf
Advisory Group has amended its lethal control policies to significantly reduce the threshold losses
necessary for a rancher to request the slaughter of wolf packs; from 4 confirmed livestock
depredations down to 3 suspected livestock depredations. 14 The Wisconsin experience
demonstrates that lax lethal control policies on the state level open the door for severe impacts on
the continued viability of wolf populations, and encourages illegal private taking of species, 15
something that will likely occur in Washington State if preventative measures are not taken.

As the WDFW has further reduced the necessary requirements to implement lethal control in recent
months and demonstrated its willingness to employ such measures against the advice of wildlife
biologists, it is evident that the continued grazing of livestock near known den sites is likely to lead to
lethal control and is a grave threat to the continued viability of our Sacred gray wolf. The exercise of
the Service’s permit revocation and land closure authority is necessary to ensure the continued

12 http://dnr.wi.gov/topic/Wildlifehabitat/wolf/documents/Wolfreport2016.pdf
13 Humane Society of U.S. v. Jewell, 76 F. Supp. 3d 69 (D.D.C. 2014).
14 http://www.capitalpress.com/Washington/20170331/washington-wolf-group-charts-quicker-path-to-
lethal-control
15 Chapron G., Treves A., 2016, “Blood does not buy goodwill: allowing culling increases poaching of
large carnivore,” Proc. R. Soc. B. 283: 20152939. Available at:
http://faculty.nelson.wisc.edu/treves/pubs/Chapron_Treves.pdf

viability of the Sacred gray wolf, as Forest Service lands constitute a major component of the Sacred
gray wolf’s range within Washington; 16 Furthermore, the Sacred gray wolf demands protection under
Federal Trust Mandates that protect what is held Sacred under Traditional Native American Cultural
Beliefs.

Conclusion

For the preceding reasons, Protect The Wolves™ requests that the U.S. Forest Service list the now
gray wolf (Canis lupus) as a “Sacred” sensitive species and adjust accordingly protections afforded
to the “Sacred” wolf under the Service’s Forest Management Plan not limited to The Colville National
Forest, but all current Regions as well. Furthermore, it is requested that the Forest Service review
and/or revoke the grazing permits of the Diamond M Ranch, owned by Mr. Bill McIrvin, and close
those lands from future livestock grazing to preserve the habitat of the “Sacred” gray wolf. These
actions are necessary to avert growing and seemingly blatant conflicts between USFS policies and
prudent wildlife management, as well as McIrvin’s blatant staging of conflict with a Sacred species.
Traditional Native Americans have a strong cultural connection to our Wolves – Wolves are no less
Sacred than the Grizzly Bear – as such warrant the same Cultural Belief Protections.
Thank you for your prompt attention to this matter.

Sincerely,

Roger Dobson, Director of Tribal Relations Cultural Practices Email: pressreleaseinfo at
protectthewolves.com

Cc:

ALL NGOS that have signed on, NGO List will be made Public with Time and Date Stamp of
invitation for Transparency

16 http://wdfw.wa.gov/conservation/gray_wolf/graphics/pack_map_032017.jpg

Glenn Casamassa Regional Forester 1220 SW Third Ave Portland, OR 97204-3440 Phone: 503-
808-2200

Email: gcasamassa@fs.fed.us
Rodney Smoldon, Acting Forest Supervisor Colville National Forest 765 South Main Street Colville,
WA 99114-2507

rsmolden@fs.fed.us

Additional Tribes, Attorneys, Organizations Supporting This Requested Closure:

Nonprofits