Call to Order and Roll Call
The 3rd meeting of the Free-Roaming Horse Task Force was held on Tuesday, October 18, 2016, at 1:00 PM, in Room 129 of the Capitol Annex. Representative Fitz Steele, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Jared Carpenter, Co-Chair; Representative Fitz Steele, Co-Chair; Senator Robin L. Webb; Representative John Short; Phillip Brown, Ginny Grulke, Jonathan Lang, David Ledford, David Moss, and Lori Redmon.
Guests: Clay Larkin, Partner, Dinsmore Law Firm; David Fugate, DVM, West Liberty Veterinary Clinic; Walker Logan, DVM, Logan Veterinary Services, PLL; Vicki Woodruff, Kentucky Department of Agriculture, Office of the State Veterinarian; and Jeff Harmon, Deputy General Counsel, Kentucky Energy and Environment Cabinet.
LRC Staff: John Ryan, Tanya Monsanto, Jasmine Williams, and Becky Lancaster.
Presentation of Solutions and Recommendations Regarding Free-Roaming Horses
Phillip Brown, Chief of Staff and Legislative Liaison, Tourism, Arts, and Heritage Cabinet, noted that his remarks incorporate thoughts and comments from the Kentucky Department of Fish and Wildlife, Dr. Karen Waldrop, as well as the Kentucky Horse Park. Research shows that the current economic impact of Kentucky’s horse economy is $4 billion a year. The Department of Travel and Tourism’s most recent impact survey states tourism has a $13.1 billion impact on Kentucky per year with ten percent of tourists attending horse related activities. The Kentucky Derby has a $400 million annual economic impact on Kentucky. The Kentucky Horse Park has a $240 million annual impact on Kentucky’s economy. There does not appear to be a landscape level biological impact caused by horses in eastern Kentucky at this time. Unattended horses can negatively impact wildlife locally by displacing elk and other wildlife. Free-roaming horses can affect elk hunting and wildlife viewing access opportunities on a local scale because typically elk will move out once horses move into an area. Kentucky has 1.4 million acres of elk restoration zones. Overgrazing by horses can affect the local elk and wildlife habitat.
The cabinet and its agencies have fundamental concerns with building tourism around what is unavoidably illegal behavior by private horse owners and about the legitimacy any actions by the cabinet to promote free-roam horses would convey to that illegal activity. The Kentucky Horse Park is concerned that glamourizing free-roaming or feral horses may lead owners to think it is ok to let horses loose and the Commonwealth condones such activity not withstanding current state law. The cabinet recommends that the task force, at a minimum, should obtain better data on the size of the current herds in eastern Kentucky before proceeding with a solution.
Representative Steele recognized that the Office of the State Veterinarian, through Dr. Robert Stout, provided written comments to the task force.
Clay Larkin, Partner, Dinsmore & Shohl LLP, testifying on behalf of the Kentucky Coal Association (KCA), stated mining is regulated by the surface mining control and reclamation act, a federal statute, and Kentucky Revised Statute (KRS) Chapter 350. KRS Chapter 350 is specific to the mining industry with a goal to return mine lands to their pre-mining land use and capability. The statute requires operators to perform reclamation including backfilling, seeding, grading, and revegetating the mine land. In order to secure that reclamation work is completed, the operator is required to post a performance or reclamation bond at the time it applies for a permit. The reclamation bond is established in an amount sufficient to insure that the state could execute the reclamation if the operator could not complete the reclamation. Reclamation bonds are often posted as cash collateral or certificates of deposit, not just surety bonds.
The ability to get the bonds released when reclamation is complete is crucial to the financial wellbeing of the coal companies and people in eastern Kentucky. Bond release occurs in three phases. Phase one bond release involves backfilling, grading, topsoil replacement, and revegetation, including the initial seeding. Once phase one steps are complete the operator can receive 60 percent of the reclamation bond. Free-roaming horses become an issue in phase one because it is a massive financial undertaking to hydro-seed and do the planting that is necessary to obtain the bond release. Horses can undo all that work by grazing in the area. Hydro-seeding must then be done again in the next planting season, a vicious cycle that continues when horses roam free on the property. Phase two, twenty five percent of the bond, is largely related to revegetation again. Phase three is the remaining 15 percent of the bond and relates to whether the post-mining land use capability has been completely accomplished.
Bond release inspections are a public process. The operator has to plan the inspection in advance, at least 30 days, to allow for people impacted by the bond release decision to be available to accompany inspectors on the inspection. The coal industry and the citizens need reclamation of mine lands to be completed. Reclamation cannot be completed with interference from free-roaming horses that continue to disturb and destroy vegetation. Mr. Larkin stated the federal government is heavily involved in the way our state administers its bonding program, it has required our state to adopt a bond pool to back stop the individual bonds. The federal government is also involved in whether that fund is solvent and is putting a lot of pressure on Kentucky to get those bonds released.
Representative Steele commented that it is too expensive for coal companies to have to repeat hydro-seeding. Coal companies are still one of the first places people go for monetary support for schools and disasters.
In response to a question from Senator Webb, Mr. Larkin stated he did not have the number of bonded properties on hand but could provide that information to the task force. Free-roaming horses on mine reclamation sites have been an issue in Martin County and Pike County.
Approval of the Minutes from the August 23, 2016 Meeting
A motion to approve the minutes of the September 20, 2016 meeting was made by Representative Short, seconded by Phillip Brown, and approved by voice vote.
In response to questions from Ginny Grulke, Mr. Larkin stated he did not have any data on the damage of reclamation sites due to deer, elk, or other wildlife. Reclamation is accomplished to the designated post-mining land use and takes into account the species that were on the property before the mining began. Grazing habits are different between elk and horses.
David Ledford commented that the grazing habits of elk and horses are dramatically different. Elk do not eat vegetation into the dirt but horses will eat vegetation into the dirt. He has seen mine properties with hundreds of elk grazing with fresh reclamation and no issues with regrowth. Mr. Ledford stated many horses do not show up on mine land until reclamation has begun.
Representative Steele commented that a permit package is specific to the property. The vegetation will vary and must account for deer, bear, elk, and horses on the property.
In response to questions from Dave Moss, Mr. Larkin stated that phase one of the mine reclamation process begins with moving dirt back to the mine site. Moving the dirt has to take place during a construction season, it cannot happen all year round. If the grass is eaten all the way to the dirt, depending on the time of year, the vegetation may not be able to be immediately replanted. The Energy and Environment Cabinet is not only looking to see that the revegetation process has started but also measuring the success of vegetation growth. Phase one of bond release can last a year or longer. Phase three bond release could take several years to complete depending on the permit package. Mr. Larkin stated a large operation’s mine reclamation cost could be millions of dollars because it is a significant earth moving project. The hydro-seeding costs alone are hundreds of thousands of dollars because it involves major equipment.
In response to a question from Lori Redmon, Mr. Larkin stated that if a person has a geographic description of a particular mine reclamation area, the Energy and Environment Cabinet, Department for Natural Resources, Division of Mine Permits would be able to pull the permit file to identify the permittee. The permittee will know who the land owners are because they have leases and ownership relationships with those land owners. Regulations require that a reclamation site be marked with a permit number. A person can input a permit number into a publicly available internet database, the Surface Mining Information System, and get more detailed information regarding the permit.
Senator Webb commented the reclamation site should be marked with the permit number and the holder of the permit. The signs should be placed around the perimeter of the site and one could call the Division of Mine Permits in Frankfort to get more information.
Representative Steele commented the permit signs are required to be within a particular distance from each other and should be readily available in case of an accident in the area.
Local Veterinarian Recommendations Concerning Free-Roaming Horses
David Fugate, DVM, West Liberty Veterinary Clinic, stated the West Liberty Veterinary Clinic has satellite offices located in Morgan, Breathitt, Magoffin, and Floyd counties. There are only four or five resident veterinarians who work with horses in approximately 15 to 20 counties in eastern Kentucky. There were seven free-roaming horses brought to the West Liberty Veterinarian Clinic because it is one of the only clinics in eastern Kentucky able to house horses for care. All seven, including four mares in foal, were adopted out. Castrating stallions should be a priority in solving the free-roaming horse issue. He has spoken with clients who can no longer afford to feed or care for their horses who choose to turn the horse out to allow the horse to search for food. Dr. Fugate believes this is a better choice than leaving a horse tied in a 10’ x 10’ stall and no option for food. Horses will eat new grass to the dirt instead of older, taller grass on reclaimed mine sites as well as in pastures.
Walker Logan, DVM, Logan Veterinary Services, PLLC, stated it is not reasonable to expect people to stop dropping off horses or that horses will disappear from mine sites. Free-roaming horses present a huge risk to public safety when roaming into the roads. They are reproducing faster than they are disappearing. There is a public sense of ownership and need for the horses to be in eastern Kentucky.
Dr. Logan suggested the task force examine issues such as the use of birth control in mares, gelding stallions and colts, establishing horse ownership or lack thereof, if horse is termed abandoned can it be gelded legally, best practices for injury assessment, lameness and care for mares in foal that may also have a yearling nursing. She advised the task force to discuss solutions that would strengthen laws and make them more enforceable so that people will not release their horses as often. Some horses cannot be caught or tamed however, some can be reestablished into good domesticated situations but that process takes a lot of time, effort, and resources.
Senator Carpenter commented that a reoccurring issue is how to identify owners and distinguish if horses have been left to graze for a short amount of time or have they been abandoned. If the horses cannot be counted, marked, or identified, it will be difficult to monitor the horses’ status. Funding for gelding clinics may be hard to find, but if the horses do not stop reproducing the herds will be always be growing and eventually be too hard to manage.
In response to questions from Senator Webb, Dr. Fugate stated the state should give local authorities the jurisdiction to geld horses if they have been on reclaimed mine land more than 30 days and the owner has not cared for the horse. He has participated in many free gelding clinics. The best places to educate the population to not turn out a stallion or to advertise free gelding clinics are in hot spot areas where events put free-roaming horses in the media’s spotlight. For example, after three free-roaming horses were shot in the Greasy community, local media ran several stories about the incident. Churches and liquor stores are the best places to put signs up to notify the public of horses on a stray hold.
In response to questions from Senator Webb, Lori Redmon stated the Greasy incident crossed over both Martin and Johnson counties. The KHS worked with animal control officers in both counties and the Johnson County Judge-Executive signed the stray hold or “taker-up” form for the remaining seven horses in the area. She understood that the county was the “taker-up” and asked KHS to hold the horses for 15 days. The KHS did not legally own horses until after the 15 day hold. It was Johnson County’s responsibility to comply with the statute to scan, chip, and advertise the horses on the state website for stray hold horses.
Senator Webb commented that she wrote the stray hold statute and it is more complicated than just holding a horse for more than 15 days. She is concerned the law is not being followed. The designation of who specifically is the “taker-up” needs to be reviewed. She stated the stray designation was not created for free-roaming horses but they now fall under the umbrella of the stray hold provision. The stray hold provision is a protective mechanism that has been expanded upon to protect private property, the horse, and the owner. Policy makers need to address a variety of situations when a stray designation is given.
Senator Carpenter commented that even though there are no stray horses in his area, unwanted or abandoned horses exist because there is no market for the horses. If someone wants a horse, that person should take care of it and not allow it on someone else’s property. People should not let horses go for six months or longer and not check on them. Some people take advantage of the free gelding clinics.
Dr. Fugate commented that most of his clients are responsible horse owners. The population of horses he serves are more companions and trail riding horses rather than economic drivers such as thoroughbred horses. He has gelded horses in the free clinics that would not have been gelded otherwise. Members should not label people who use the free clinics because it is human nature to use something that is free. Kentucky will need to employ experienced cowboys to round up free-roaming stallions that need to be gelded.
Senator Carpenter added that if the State pays for a gelding clinic, it should have stipulations so people do not take advantage of the free gelding clinics.
Lori Redmon commented that geld clinics were designed to be a bridge plan to geld horses presented by an owner and be able to start conversations with owners in the area because the KHS does not have access to the free-roaming horses. KHS wants the owners to know that it is there to help them. Free gelding clinics have helped generate relationships with people in eastern Kentucky that have horses and horses in need have gotten assistance.
In response to questions from Lori Redmon, Dr. Logan stated handling horses that are free-roaming or feral takes a person with a very specific skill set. She knows fewer than five people who are qualified to safely handle a wild horse. One must be able to rope a horse, have a facility to safely and substantially maneuver it from place to place. A person handling a wild horse must have the ability to approach the horse in a barn aisle, get their hands on it to pull blood for tests, vaccinate it, deworm it, and do an exam to determine if a mare is pregnant. Approaching a full grown adult wild horse is a dangerous task.
Representative Steele commented that the task force is scratching the surface on the work to be done concerning free-roaming horses. The state, different cabinets, and agencies are aware of the ongoing problem. The Energy Cabinet should work on bond releases to the coal companies if there are free-roaming horses on the mine land now but not when the permit and bonding were issued.
John Ryan read the draft copy of the Free-Roaming Horse Task Force findings and recommendations as follows:
1. The Free-Roaming Horse Task Force finds that the existence of a free roaming horse population is a potential source of tourism revenue for the localities where the population is located.
2. The Free-Roaming Horse Task Force finds that free roaming horses are feral horses and are not necessarily abandoned horses or livestock as defined by the Kentucky Revised Statutes. The Kentucky General Assembly should clarify the differences between the two definitions and should consider adding a definition for “free-roaming horse.”
3. The Free-Roaming Horse Task Force finds that the Kentucky General Assembly should designate a state agency with responsibility for determining the size of the free roaming horse population in a manner that best protects the health and safety of the horses and the communities within which the free roaming horses reside.
4. The Free-Roaming Task Force finds that the Kentucky Horse Council should work collaboratively with stakeholder groups and representatives of state and local agencies toward a common goal of protecting the health and safety of the free roaming horses and reducing the free-roaming horse population in the Commonwealth.
5. The Free-Roaming Horse Task Force recommends increasing the capacity and accessibility of existing free gelding services offered by equine welfare agencies by allocating state funding or adjusting state policies to facilitate private donation funding.
6. The Free-Roaming Horse Task Force finds that any state agency with responsibility over free-roaming horses also shall be charged with determining methods to determine what percentage of free roaming horse herd growth is acceptable and, to curtail the size of the free roaming horse population including but not limited to gelding clinics, contraceptives for mares, and culling the number of stallions.
7. The Free-Roaming Horse Task Force recommends that any state agency charged with responsibility over free roaming horses should examine whether strict prohibitions on the practice of turning out or pasturing domesticated horses should be enacted by the Kentucky General Assembly.
8. The Free Roaming Horse Task Force finds that an interim joint committee of jurisdiction or subcommittee thereof should continue to study the problems of domesticated horse abandonment, the health and safety of free roaming horses, the methods of animal identification for purposes of establishing property ownership, adherence to animal care standards, free roaming horse breeding operations and owner accountability, and liability in cases of injury or property destruction.
9. The Free-Roaming Horse Task Force recommends that the Kentucky General Assembly (a) increase fines and penalties for the abandonment of horses on private lands or lands without the landowner’s consent, and (b) consider the adequacy of other current laws and update if necessary.
10. The Free-Roaming Horse Task Force encourages the cooperative use of corral pens, tools, supplies, and equipment needed to manage the free-roaming horse and abandoned horse population through local area development districts (ADDs).
11. The Free-Roaming Horse Task Force encourages the development of an information sharing network that will connect various educators, agencies, and service providers with horse owners, local animal control, and other county officials who have responsibility for managing the free-roaming horse population.
12. The Free-Roaming Horse Task Force finds that whereas a lack of funding has proven to be a factor in dealing with free-roaming horses, the task force further recommends exploring additional avenues of potential funding to deal with short- and long-term solutions for the management of free-roaming horses.
Senator Webb commented that the task force is going to pay extreme attention to definitions, effects on private property interests, and the horse itself. Definitions are important under the law and the way our laws are structured to protect everyone’s interests including the horse. She said that ADDs must cooperate, sheriff departments and county judge-executives should receive continuing education.
In response to a question from Ginny Grulke, Representative Steele stated that input and comments regarding the findings and recommendations should be sent to John Ryan or the task force staff. If people have legislation ideas or legal definition changes in mind, they should contact legislators so they may pre-file legislation.
Adjournment
There being no further business, the meeting was adjourned at 2:17 p.m.