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Last modified: December 1, 2008

Headline News From Aug. 16, 2002 Issue

Locals oppose plans to poison 
Animas Creek for DGF fish kill
 

 


CLICK ON PHOTO TO ENLARGE

  Sierra County residents say they don’t want their waterways poisoned or their fish killed to make way for the Department of Game and Fish proposal to rid Animas Creek of non-native species as a prelude to its restoration of native Rio Grande Cutthroat Trout.

Bicyclist says a Border Patrol agent attacked him

 

  A white car passed Truth or Consequences resident William Brown as he was riding his bicycle on Turtleback Avenue the morning of Wednesday, Aug. 7.

Downtown mural a colorful tribute to Northern Plains Indians 


CLICK ON PHOTO TO ENLARGE

  English artist Peter Bowles has painted the exterior wall at 411 and 413 Broadway, now the location of a T-shirt business that sells its product over the Internet, with his mural depicting Northern Plains Indians on horseback.

DWI & Seatbelt Blitz is on!

 

  New Mexico Law Enforcement is participating in a Superblitz to enforce DWI and Seatbelt laws throughout the state from Aug. 12 to 25.

  

Peter Bowles of England recently painted this mural of Northern Plains Indians on horseback on the wall at 411 and 413 Broadway in downtown Truth or Consequences, now the home of an internet-based business that sells T-shirts. Click on photo to see more mural art.
DJ Photo by Bill Johnson

…Not safe enough

 

Paula Jones of T or C said she doesn’t believe the fish poisoning program will be safe enough to prevent deadly chemical spills on Animas Creek.

Locals oppose plans to poison

Animas Creek for DGF fish kill

 

By Bill Johnson of the Desert Journal

 

Sierra County residents say they don’t want their waterways poisoned or their fish killed to make way for the Department of Game and Fish proposal to rid Animas Creek of non-native species as a prelude to its restoration of native Rio Grande Cutthroat Trout.

Experts testified Wednesday at a hearing in Truth or Consequences the toxic chemicals or Fintrol piscicide the state wants to use are dangerous to human health and wildlife.

Ann McCampbell, MD, an environmental health specialist who chairs the Multiple Chemical Sensitivities Task Force of New Mexico, provided technical testimony at the DGF hearing held all day in the City Commission Chambers at the T or C Civic Center complex.

McCampbell said she’s testifying against the DGF’s petition because the proposed application of Fintrol to Animas Creek poses “undue risk” to health and the environment.

“There is no assurance that the chemicals in this product will not harm humans and wildlife or contaminate downstream waterways,” she testified by phone.

“To the contrary, indications are the deployment of Fintrol will adversely impact the environment and many non-target species,” McCampbell said, adding that she has found extensive data gaps regarding the toxicity and environmental fate of the active ingredient, antimycin A.

At least six chemicals are proposed for use in the project, she said. Fintrol concentrate, she says, contains antimycin A, acetone and soy lipids. Fintrol dilutent, with which Fintrol concentrate is mixed, contains diethyl phthalate, monoxyl-9 and acetone. Potassium permanganate also will be deployed in the project.

Antimycin A is a highly toxic pesticide (piscicide for fish kill) and poison. It is not an antibiotic or a pharmaceutical agent. Although derived from bacteria, antimycin A has more in common with cyanide than penicillin. Like cyanide, antimycin A blocks electron transport in mitochondria, causing cellular anoxia, McCampbell said.

“Fintrol concentrate carries the highest acute toxicity rating given by the Environmental Protection Agency (EPA). Warnings on the label say, ‘Fatal if swallowed’ and ‘May be fatal if absorbed through the skin’,” she said.

Her report also said the draft environmental assessment (EA) contains errors such as its conclusion that there will be no collateral damage to non-target species as a result of antimycin exposure.

McCampbell said the Chiracahua Leopard Frog, an endangered species, will be impacted.

Jim Paxon, Ranger of the Black Range District of the Gila National Forest, said there is no such frog in Animas Creek or on Gila National Forest lands.

The petition of the DGF to the Water Quality Control Commission seeks to deploy the piscicide on the entire 29.5-mile stretch of the Animas Creek watershed in addition to a tributary known as Cave Creek.

Animas Creek winds 13.5 miles through the Gila National Forest and Aldo Leopold Wilderness before it continues another 16 miles through the massive Ladder Ranch, which Caballo resident Annie McMannus testified now belongs to the Nature Conservancy and is no longer owned by media mogul Ted Turner who had bought the ranch several years ago to produce bison. McMannus said a recent search at the county courthouse proved the change of ownership.

It is no secret that the DGF wants to restore the indigenous Rio Grande Cutthroat Trout throughout New Mexico. The fish were reduced to 5-10 percent of their original habitat.

To restore the RGCT, it’s necessary to remove non-native species, according to officials’ testimony.

Peter Wilkinson, a fisheries biologist and the assistant chief of DGF’s fisheries, said the DGF wants to eventually maintain a small population of the Rio Grande Cutthroat Trout with 500 breeding adults and a total population of 5,000 RGCT in Animas Creek. The desired objective is to create a pool of donors for future projects on public land, he said.

Such a population would have less than a 10% chance of going extinct in 100 years, according to Dr. David Cowley, a biologist at New Mexico State University.

Wilkinson said it’s important to restore RGCT because the species is a valuable aquatic resource and is part of the state’s heritage, besides being a beautiful and endemic fish.

But without the removal of non-native fish, the RGCT would cross breed with other species. “Fish are cross fertile,” Wilkinson said.

He said antimycin when applied to water at 10 parts per billion (ppb) has an eight-hour life. “It’s toxic only a short period of time,” he said.

Other methods of getting rid of non-native fish, such as dewatering, won’t work in Animas Creek, Wilkinson said, adding that the application of Fintrol appears to be the only method that will work since it affects all gill-breathing animals by inhibiting cellular respiration.

Wilkinson said Fintrol recently was applied to Costilla Creek for a two-week period, using five-gallon bottles filled with water and the active ingredients which are then allowed to flow at a consistent rate into the stream. The bottles are spaced at intervals covering multiple miles. Wilkinson said he anticipates there will be from 40 to 60 bottles along the creek.

“The chemical detoxifies quickly upon contact with the water,” he said. After the fish die, crews will remove their carcasses from the water and dispose of them, he added.

Paula King, 64, of Truth or Consequences, testified she suffers from multiple chemical sensitivity. She said she’s concerned about safety measures, such as the fact there are no barriers to contain leaks that could seep into the ground in the event the bottles containing Fintrol break. “If spilled on a worker’s clothing, the worker will take it home to get his wife sick,” she said.

“We know today there’s no excuse to use a piscicide that is little tested and its long-term effects are not known. There needs to be better safety precautions,” Jones said.

Ranger Paxon testified that although the RGCT is not considered an endangered or threatened species, it is a sensitive species that the U.S. Forest Service is trying to restore as a cooperator in the DGF’s petition.

Paxon said the EA will be sent to the County Commission before Sept. 1 after which it will then be available for public comment.

“We want a viable trout fishery. Management continues to strive to recover the RGCT. Animas Creek is the only fishery below Santa Fe that has RGCT,” Paxon said, adding, “We want to have a viable population for wilderness fishermen.”

McCampbell asked whether the project would violate the Wilderness Act. The hearing officer objected, saying that consideration of the Wilderness Act was off limits for testimony at the hearing.

“We do not intend to lock up the wilderness to humans – it’s for human enjoyment. We support this project because it will restore native fish and therefore enhance the wilderness,” Paxon said.

McCampbell said the restoration of species in a wilderness area takes precedence over human use.

Paxon said the Wilderness Act prohibits motorized use so traveling is either by foot or horseback. “You can use mechanical contrivances only in the event of wildfire,” he said.

“The project is consistent with the Gila National Forest Resource Management Plan of 1986. It protects aquatic life which is consistent with the plans’ guidelines,” Paxon said. He said the EA also is consistent with the guidelines of the plan. “The 1986 plan says we should restore habitat for native species.”

Paxon said a decision on the petition is expected in early fall or by mid October. The decision is ultimately up to the Secretary of Agriculture (USDA), he said.

Richard Hanson of Animas Creek said he’s primarily concerned about the lack of access to the creek and that handicapped people won’t be able to enjoy any recreation along the creek.

“People on the creek are against it (project),” he said. “Very few people benefit.”

Furthermore, Hanson said the flow of the creek has been impeded the last 18 months with the alleged damming of the waterway on the Ladder Ranch. “And the ranch prohibits us to see the dam; it cut our irrigation water,” Hanson alleged.

Without motorized access to the creek from the wilderness side of it, Hanson said he wonders how the handicapped will be able to go fish the headwaters of the creek. “People have no access,” he said.

Paxon confirmed Hanson’s concern, saying that motorized use on the Aldo Leopold Wilderness has been banned since the 1950s.

"Poisoning a creek and then detoxifying it with yet another poison seems insane - akin to swatting a mosquito on your forehead with a sledgehammer,” Wally Hesse of T or C testified.

And Joe Hodovan, also of T or C, said, "They've opened Pandora's box. They're the ones who introduced the rainbow trout in 1950s or ’60s and caused the “hybridation” (cross breeding) they're now trying to eradicate. The figures of success rates and so forth they came up with sound wildly speculative.”

Meredith Rolley of T or C said, "It's the lowest form of playing God - there's nobody monitoring these activities, and they don't seem accountable for their outcomes - at least not to any of us taxpayers."

An angler of Silver City questioned the eradication of fish that have been around for thousands of years and adapted to Animas Creek.

“The cutthroat trout survived storms, etc., in Animas Creek and are still here. Why choke out cutthroat trout that know their way around the creek, and replace them with hatchery fish?” he asked.

The fisherman said a barrier should be built so the ancient fish can survive and eventually spread its population to the lower creek.

The hearing officer said a 1951 fire in the drainage area killed all of the fish. “The existing fish were introduced after the 1951 fire,” he said.

The angler said he has no personal knowledge of the fish or their age or background. He said, however, “The trout in there now are more viable than what they can put in there. We anglers aren’t wedged to the 99% standard – 90% is okay with me.”

The last person to testify during the DGF’s morning session of the day-long hearing was Bill Bussmann, also of Animas Creek. Bussmann testified he has been drinking Animas Creek water below the grazing area since 1976. He said his water source is through a 32-foot tube in the creek’s gravel bed.

He said the creek goes dry starting on the Ladder Ranch but returns to the surface where he lives.

Considering the facts and the truth of the matter, people in Animas Creek and surrounding areas may actually find they prefer the Rio Grande Cutthroat Trout over non-native species – they just don’t like the method in which DGF proposes to restore the trout.

<<<   >>>

…Don’t poison my drinking supply!

 

Animas Creek resident Bill Bussmann testified he has been drinking water from the creek since 1976. The Department of Game and Fish proposes to kill non-native fish species with Fintrol, a toxic chemical that snuffs out gill-breathing animals, in order to restore a viable population of Rio Grande Cutthroat Trout in its most southern range in New Mexico.

…“No one on Animas Creek wants it”

 

Richard Hanson of Animas Creek said his main beef with the Rio Grande Cutthroat Trout Restoration project in his neck of the woods is that handicapped people, or even able-bodied sportsmen for that matter, can’t gain access to the creek in order to fish or otherwise enjoy the waters. He said also upstream damming has cut off his irrigation supply.

Wally Hesse of T or C says the creek poisoning program is like “swatting a mosquito on the forehead with a sledgehammer.”

Joe Hodovan of T or C said the state introduced non-native species to Animas Creek but now the state wants to eradicate the fish through chemical poisoning in the waterway.

The hearing officer (right) and Department of Game and Fish fisheries biologist Peter Wilkinson (left) look at data they share with a small crowd in T or C Wednesday. After killing off non-native species in Animas Creek, the DGF wants to eventually maintain a small population (5,000) of the Rio Grande Cutthroat Trout in Animas Creek and create a pool of donors for future projects on public land, Wilkinson said.
DJ photo series by Bill Johnson

Bicyclist says a Border

Patrol agent attacked him

 

Cover up? TCPD and FBI won’t release information or

reports; DJ files written request per Inspection of Public Records Act

 

By Fred Mramor of the Desert Journal

 

A white car passed Truth or Consequences resident William Brown as he was riding his bicycle on Turtleback Avenue the morning of Wednesday, Aug. 7.

Minutes later, something came up on Brown from behind and on the left and forced him off his bicycle. Brown then tumbled into the rocks and mesquite by the roadside.

It was the same white car that had passed him and apparently took one of the turnouts on Turtleback where it could make the loop unseen, Brown said this week.

After getting out of the car Border Patrol Agent Mark Thornton, with whom Brown had a run-in earlier this year, grabbed Brown by his helmet strap, pulled him up off the ground, drew a pistol from his waistband and forced it into Brown’s mouth, according to Brown.

Thornton then threatened Brown with grievous bodily harm if he sees Brown on Turtleback Avenue again and that he would mess with Brown some more but that he was on his way to court, Brown said.

Brown would say no more about the incident except that he found that his car - parked at Turtleback and Highway 51 - had been damaged.

Brown reported the assault to T or C Police and was treated for cuts and scrapes at Sierra Vista Hospital’s emergency room.

Mark Thornton has not returned the Desert Journal’s call asking for his side of the story.

Brown in March shot Thornton’s dog with his .22-caliber pistol when he was riding his bicycle near Thornton’s home on Turtleback Avenue. The dog was later destroyed.

Thornton’s Great Dane, along with four other of his dogs, attacked Brown as he was riding his bike toward Turtleback Mountain, Brown said.

Brown said he shot the dog that had his jaws around his foot. A confrontation involving Brown, Thornton, Thornton’s wife and a neighbor ensued.

Brown was arrested by T or C Police and now faces felony charges including two counts of aggravated assault with a deadly weapon and a count of animal cruelty, in addition to a misdemeanor count of the negligent use of a firearm.

TCPD Sgt. Jesse Anglin last Friday said TCPD could not release copies of its reports of last week’s incident because it has turned the case over to the Department of Justice and Federal Bureau of Investigation.

Anglin said because of the nature of the allegations, she could not say why the case was referred to the FBI.

TCPD Chief Russ Peterson on Monday provided the same explanation for not releasing the incident report, Brown’s complaint or any other related records TCPD may have. He added that he can’t describe the nature of the allegations because the FBI asked him not to.

After making two verbal requests for T or C Police to provide a copy of the incident report involving Brown and Thornton, the Desert Journal has filed a written request for this and any related documents in TCPD’s possession pursuant to the New Mexico Inspection of Public Records Act.

Peterson would neither confirm nor deny that the case was turned over to the FBI because the alleged assailant is a federal agent, as Brown thinks, but suggested that the incident may not have occurred quite within city limits but possibly on Bureau of Land Management land where the FBI has jurisdiction.

Peterson referred the Desert Journal to FBI Special Agent Brian Russ who he said picked up records related to Wednesday’s incident on Monday morning.

Agent Russ would answer no questions nor provide any information related to the incident when called by the Desert Journal but referred the reporter to Chief Counsel Doug Belden at the FBI’s Albuquerque office.

Belden not being available until Aug. 23, the reporter was referred to Special Agent and Media Representative Bill Elwell. Elwell on Tuesday, as per usual FBI policy, would neither confirm nor deny that the FBI is investigating the case in question.

Despite statements from TCPD about the disposition of its records, Elwell said he is not aware that the FBI asked T or C Police to keep its records confidential. Elwell said the FBI won’t tell T or C Police how to run its department or what do with its records.

Elwell declined to pass the same information along to T or C Police.

Though not commenting about the Brown/Thornton case, nor confirming that the case exists, Elwell said the FBI may assist in any case as requested by local police and other law enforcement agencies.

Using Waco as an example, Elwell said the FBI has jurisdiction when a federal agent is assaulted, but that the FBI doesn’t normally get involved in a case where a federal agent is the alleged assailant unless asked by another agency.

<<<   >>>

Up close, Peter Bowle’s artistic rendition of this Northern Plains Indian on horseback reveals something of a ceremonial nature.
DJ Photo by Bill Johnson

Downtown mural a colorful

tribute to Northern Plains Indians

 

By Fred Mramor of the Desert Journal

 

English artist Peter Bowles has painted the exterior wall at 411 and 413 Broadway, now the location of a T-shirt business that sells its product over the Internet, with his mural depicting Northern Plains Indians on horseback.

The mural’s design is derived from 1870s to 1880s pictography, traditionally painted on cotton and hides, of the Crow, Pawnee, Cheyenne and Sioux Indians.

Bowles has studied the art and culture of these nations for about 10 years and says his mural is an accurate study for the style and period with respect to events, clothing and the positioning of characters.

Bowles has not only studied Northern Plains Indians but has lived with them on the Rosebud Sioux reservation in South Dakota.

He was adopted as a brother seven years ago by a Lakota Sioux and given the name Paints Toward Natural Man, or, as he signed his mural, Ikce Wicasa Ecetkiya Wawowa.

Having completed this work, Bowles is on his way to a powwow on the Montana/Canada border but will return to his home in Truth of Consequences, which he will maintain as a part-time residence and studio between his travels.

Bowles said he bought his home about a year and a half ago as an investment in T or C’s future.

Bowles said Truth or Consequences is surrounded by beautiful country with a wonderful climate.

He said he hopes his mural will make other residents and business owners think about color and design and then decorate their properties to make T or C a more attractive city.

Another sample of Bowles’ work, a large painting on cotton of an Indian buffalo hunt, may be seen at T or C’s Sierra Grande Lodge.

<<<   >>>

This Indian warrior and Union soldier appear to be riding together on a mission as drawn by English artist Peter Bowles.
DJ Photo by Bill Johnson

DWI/Seatbelt Blitz is on!

 

New Mexico Law Enforcement is participating in a Superblitz to enforce DWI and Seatbelt laws throughout the state from Aug. 12 to 25.

The Traffic Safety Bureau is encouraging all motorists in New Mexico to buckle up, slow down and never drink and drive.

There have been 108 alcohol-involved fatalities from car crashes in New Mexico through July of this year. There have been 257 fatalities overall.

In all, 106 of the people killed in crashes this year were not wearing their seatbelts.

Law enforcement officers from around the state will be conducting saturation patrols and DWI/Seatbelt checkpoints throughout the state.

The Traffic Safety Bureau is the division of the New Mexico State Highway and Transportation Department that works with local law enforcement to enforce the state's driving laws and encourage New Mexicans to drive safely.

<<<   >>>

T or C volunteer firemen mop up after a motorist overfilled her pickup truck with gasoline at the Texaco Fast Stop on North Date Street Wednesday afternoon. “June” said she was in the store when the nozzle failed to quit and kept pumping gas on the ground. Firemen washed down the scene with fire-retardant foam.
Photo by Jennifer Wark

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