Canales News Briefs

June 27, 2009

"...Open Letter to the Members of the Blue Ribbon Panel:

I must respectfully but strongly disagree with some of the scientific rationale

used in the preparation of your report. This rationale lacks the rigor expected from

a committee of scientists. As a result your report loses credibility.

You conclude 'that condors suffer lead poisoning from ingestion of spent

ammunition in carcasses and gut piles upon which they feed sufficiently frequently

to raise mortality rates well above those required for sustainability', that rate assumed

to be 10%. Furthermore 'The evidence on this point is overwhelming'. This is what

we believe happened in the 1980's and what would happen if the supplemental

feeding program were to end, but it is not an accurate description of the present

situations. For the birds released in California the evidence in support of this is

somewhat less than 'overwhelming'. In fact there is no support at all; over the past

four years mortalities from all causes have been less than 10%...

...Ratios of 207Pb/206Pb in the kidney and liver of condor 132 were 0.8048 and

0.8058, marginally below 97.5% of the ammunition sampled, and significantly

lower than the ratio of 0.8207 recorded in the bone. More than one source of

lead is therefore indicated; I would find it very difficult to state on a witness stand

that ammunition was the source of lead that killed the bird, although I believe

that this is almost certainly the case...

...The death of Condor 175 was originally attributed to an attack by a golden eagle

that was feeding on the carcass. A remaining portion of the liver was not analyzed

at the time. Later analysis of a bone sample at UCSC recorded a concentration of

6.3 ppm, equivalent to that in the bone of Condor 165 which died from lead

poisoning in Arizona with about 16 lead pellets in it's gizzard. The isotope ratio

was 0.886, very different from that in the ammunition measured so far. These

findings prompted analysis of the liver, which had a lead concentration indicating

a lethal exposure. At the present time, pending analysis of more ammunition

samples, we can not conclude or even assume that this lead had an ammunition

source. The hypothesis that it came from microtrash can not be excluded...

...Three condors, 170, 245, and 238 died at the Los Angeles Zoo after field tests

indicated lead concentrations in the blood exceeding the capacity of the instrument

and after the initiation of chelation therapy. There were no clinical symptoms other

than the high blood concentrations. Very low lead concentrations were later recorded

in the livers, indicating low body burdens. The most recent death, of 238, is

attributed to renal failure associated with the kind of chelation therapy used. Until

now the deaths of 245 and 170 have been attributed to lead poisoning, with

complications associated with the chelation therapy...

...Granted, some of the disappearances with unknown causes of death could have

been caused by lead poisoning. Debilitation from effects of lead could have

contributed to deaths. But we must distinguish between Science and Speculation.

So far the scientific evidence limits the number of California deaths attributed to

lead poisoning to the range of 2-4, depending on the interpretation...

...But even the highest estimate of lead-induced mortalities would not bring the

annual mortality to 10%. Beginning in 2000 total mortalities in California have

been 17, 13, 8, 22, 0, 2, 4 and 6% of the wild population including birds fledged

in the wild but not including chicks in the nest, with two mortalities so far this

year, a flying population of 82, and 8 chicks hatched in the wild.

Yes, this is an artificial situation, with supplemental feeding and treatments for

lead and microtrash, but by your definition the population would be considered

self-sustaining since 2003..."

- Dr. Robert Risebrough, a co-author of Church et al (2006), excerpts from

an August 5, 2008 "smoking gun" letter addressed to Tom Cade and

the entire Condor Recovery Team with his "observations" regarding

the "scientific rigor" behind the American Ornithological Union/ CA

Audubon "blue ribbon" report on the California Condor Recovery

Program, dated August 6, 2008. A copy of this report was filed in the

Public Record at the CA Fish & Game Commission Hearing on

June 24, 2009 as Document Bates # FWS000647-FWS000651 (Received

courtesy of the partial production due to a FOIA with the Ventura Field

Office of the US Fish & Wildlife Service).

To All,

Don't mind me, I'm just busy reloading....

Condors Taste Like Aluminum Cans???

- Hint- You are what you eat, if the video below courtesy of Youtube has any

real meaning. Watch the birdy on the left. Also, road access is a survival "no-no"

under recovery guidelines.

By The Numbers:

75,000 + : Number of pages of partial FOIA and partial State PRAR "take" from

various Condor Recovery Partners, including Federal and State Agencies

and other information.

12,000 +: Separate documents from partial FOIA and partial State PRAR "take" from

various Condor Recovery Partners, including Federal and State Agencies

and other information.

2: Number of State agencies who are seriously in arrears on document

production as required under PRAR timelines under the law, at least as

of 6-25-2009 (Hint, hint...).

1: Number of Federal Services who can't get it's partners to stand by their

work when the public tries to inspect contracted-for test reports.

4-6: Number of Condor Recovery Partners who per a Federal Service won't

allow the public to see signed copies of necropsies, test reports, etc. that

they apparently were required to provide to a certain Federal Service.

4-5: Average number of hours of night's sleep since February 2, 2009.

4: Number of savage lawyers ready to slap an ESA lawsuit on those California

Fish & Game Commissioners who vote for a lead shot ban.

4: Number of potentially "grumpy" DFG and Fish & Game Commission staffers

who may have to read two legal binders worth of submitted evidence ASAP

after the June 24-25, 2009 hearings in Woodland, CA.

2: Number of very obsessed ("...They are coming to take me away, ha-ha...")

condor issue researchers unwilling to give up, unwilling to surrender to junk

science.

More of "In Their Own Words" ( A Public Record Treasure-trove):

"...Joe,

Katherine Ralls and Jon will give us their readout on # 155. We generally haven't

been tracking the parentage of birds that are dying in the wild (or captivity) so I'm

sure the genetics will be changing yearly. A bird that we thought expendable today

may be important tomorrow. It's good to check up, and it helps our leverage when a

decision is made to place the bird somewhere..."

- Jesse Grantham, USFWS Condor Recovery

Coordinator, 08-02-2006, excerpts from an email to

Joe Burnett of the Ventana Wildlife Society and

Chris Barr of the US Fish & Wildlife Service,

in regards to how condors are rated and their

prospects for release to the wild when they

represent valuable genetic back-round material.

Public Document Bates # FWS000185 filed with

California Fish & Game Commission, June 24, 2009.

Document was received as part of a partial production

of material from a FOIA request to the USFWS.

"...Kelly,

Greetings,

Molly is now preparing the second draft of her thesis. A principal conclusion is that

the lead being accumulated above backround is not 'backround' from fallout;

The lead in the blood at concentrations higher than 10 had ratios outside of the

'backround range'.

She analyzed 19 ammunition samples- a respectable number. But the range of

isotope values is rather narrow. Most of the blood samples had lead isotope ratios

between 'backround' and 'ammunition' consistent with the ammunition source

hypothesis. But three of the blood samples are outside both the ammunition range

and the 'backround range', suggesting that there are other sources of the lead. Or

if ammunition was the source, that ammunition was different from Molly's sample.

Moreover, three of the four condors from California whose tissues were analyzed

had isotope ratios outside the ammunition and backround ranges- 175, killed by a

golden eagle; 178, unknown cause of death but with high concentrations of copper

in the liver; 181, recovered as feathers and bones after high lead concentration

recorded in blood two months earlier. Ratios in the fourth bird, 132, known to have

died of lead poisoning, were similar to those in ammunition.

From this data base we can not conclude that ammunition is the only significant

source of lead contamination and that there appear to be other significant sources..."

- Dr. Robert Risebrough, in an email to Kelly Sorenson of

the Ventana Wildlife Society, C. Page Chamberlain of

Stanford University, Dr. Donald R. Smith of UC Santa Cruz,

Molly Church of Church et al (2006), and Jesse Grantham

of the US Fish & Wildlife Service, December 14, 2004,

a public document acquired as a result of a FOIA to the

US Fish & Wildlife Service and filed under Document

Bates # FWS000100 with the California Fish & Game

Commission on June 24, 2009.

" Dear Bruce,

...Molly Church is finishing her Master's thesis; I am trying to help her make it as

complete as possible and the strongest possible basis for a publication. We seek

your help in obtaining additional samples if they are available.

She has determined the lead isotope composition in liver, kidney and bone samples

from condor 132, who literally dropped dead from the sky dying of lead poisoning

(RP8373). The isotope composition in the liver and kidney are different, as might

be expected, from the 'backround' in the bone. The necropsy report states: ' The

gizzard contains...a single 2mm diameter by 4mm long gray/brown cylinder of firm

material (wood? possible lead?).' We did obtain an aliquot of the gizzard contents,

which did not include this cylinder. Might it be possible to obtain this cylinder or part

of it in order to determine the lead isotope composition?...

...Bob:

We have gone through the frozen gizzard contents of RP8373 and found the

'cylinder'. It is soft, more like wood (not a metallic density), but we can send it to

you if you would like...

Bruce..."

-Excerpted Email discussions between Dr. Bruce Rideout and

Dr. Bob Risebrough regarding a sample of material

believed to have possibly resulted in the lead poisoning

of Condor # 132, dated 6-21-2004 and 6-29-2004, as

submitted in Document Bates # FWS000046-FWS000050

to the California Fish & Game Commission in Woodland,

California, on June 24, 2009. Documents were received

as a result of a FOIA to the US Fish & Wildlife Service,

and were submitted as evidence to the Public Record.

"...Table 3. Causes of Mortality-

Date Condor SB # Mortality cause: Details

5/9/2001 230 Electrocution: collision...

5/17/2003 233 Unknown...

10/30/2003 212 Electrocution: collision...

2/19/2003 254 Electrocution: collision...

5/20/2003 260 Malnutrition: ...not feeding...

6/15/2003 170 Severe Visceral gout,

complicated by lead poisoning

10/17/2003 256 Unknown...

12/20/2003 179 Unknown...

9/30/2005 164 Unknown...recovered in a desiccated

state, suspect lead poisoning

7/2/2006 376 Electrocution:... collision...

7/14/2006 363 Malnutrition:... weak emaciated state...

5/15/2007 301 Electrocution:...collision...

10/2/2007 356 Unknown....

12/4/2007 429* Unknown...probable Golden eagle attack...

6/25/2008 278 Unknown... disappeared after fire...

6/25/2008 377 Unknown... disappeared after fire...

12/21/2008 475* Unknown...found dead near nest...

*- Fledgling mortalities...

...Condor-Human Interactions: The condor flock continues to frequent the sea lion

haul-out at Grimes Point for non-proffered food and while coming and going from

the area they perch near highway one. The opportunity to interact with people is

quite high when they land on the shoulder of the road near the guardrail or the

cliff edge. People, mostly tourists, were observed approaching the condors within

10 feet on numerous situations during the summer months. Whenever it is possible,

we would quickly flush the condors away from the road with water guns and provide

interpretive interface with the public. This method has proven effective at flushing the

condors on a short-term basis, but has yet to stop them from landing near highway

one. Each time they return to locate non-proffered food on the beach below, the

possibility still exists for human interaction...

...Marine Contaminants- In accordance with USFWS, Ventana Wildlife Society collected

four wild eggs in 2007 and 2008 from four Big Sur condor nests. These eggs were

analyzed and measured (as were the eggshell fragments from 2006 redwood nest) for

abnormalities and DDE residues at CA Fish and Game's contaminants lab in Rancho

Cordova by Bob Risebrough and David Crane. Results from condor egg tissue and

shell analysis detected levels of DDE that would cause egg failure in Bald Eagles and

SEM measurements of eggshell were thinner than normal. Two eggs recovered, BS208

and BS 308, died during mid-stage incubation and a necropsy performed by Susie Kasielke

determined the embryos died from excessive water loss. Joe Burnett, VWS Sr. Wildlife

Biologist, is currently preparing a manuscript titled, ' Condor Reproduction in Big Sur and

the impact of Marine Contaminants', in collaboration with Bob Risebrough, David Crane,

Susie Kasielke, and Joseph Brandt...

...Reproductive History: Two adult females, 161 and 192, from the Big Sur flock

relocated to southern California in 2003 and paired up with males from the southern

California population. Condor 161 successfully fledged the first chick in California with

condor 107 in 2005. Condor 192 has paired up with her biological father, AC9, and

fledged her first offspring in 2007...

- Excerpts from the "Ventana Wildlife Society's Bald Eagle and California

Condor Restoration Program- 2008 Annual Report,

Federal Permit # E-026659-13 (Expires 02/03/2012)", prepared

for the US Fish & Wildlife Service in January of 2009 and sent to

the USFWS on or around February 23, 2009. Report was received

pursuant to partial production requested by a PRAR to the California

Department of Fish & Game, and was submitted to the Public Record

at the CA Fish & Game Commission Hearing of June 24, 2009 as

Document Bates # CADFG003831-CADFG003850.

" United States Department of the Interior

National Park Service

1849 C Street, N.W.

Washington, D.C. 20240

**Electronic Transmittal Only. No Hard Copy To Follow**

July 19, 2006

Memorandum

To: Regional Directors

From: Associate Director, Visitor and Resource Protection /s/ Karen Taylor-Goodrich

Subject: Firearms Qualification and Practice with Non-Toxic Frangible Ammunition

The purpose of this memorandum is to provide notice of the approval for field areas to

conduct all firearms practice and qualification with non-toxic frangible ('green') ammunition,

effective immediately...

In an effort to lessen the Service's reporting burden under TR1, comply with EO13148,

and mitigate further lead contamination of the environment, NPS will begin the process

of phasing out the use of leaded ammunition for firearms qualification and practice. As

you may know, some green ammunition is available through the Treasury Supply Schedule

for Small Arms Ammunition which is available for use by DOI. Green ammunition can also be

purchased through the Department of Homeland Security's Federal Law Enforcement Training

Center (FLETC) via several contracts with green ammunition vendors. For guidance on using

the FLETC contracts, go to...

...Green ammunition is not authorized for duty carry. We are aware of the concerns

associated with the increased cost of green ammunition and therefore, are allowing

a significant amount of time to plan for future purchases. After October 1, 2007, all

purchases of ammunition for training purposes shall be of the non-toxic type.

When purchasing green ammunition, it is important that parks purchase and use

green ammunition that DOES NOT CONTAIN TUNGSTEN. Tungsten is a hard

metallic element that is being used by some green ammunition manufacturers in

their bullet projectiles. Tungsten-containing green ammunition is problematic for two

reasons:

1: Recent evidence has shown that the presence of tungsten fragments in lead

waste (from lead contaminated soils or bullet traps) makes the recovery of lead

more complicated. In fact, some lead recovery operations will not accept lead

waste that has been contaminated with tungsten. Since such material cannot

be recycled, it must be disposed of as a 'hazardous waste' and this could lead

significant firing range cleanup costs...

...We realize that the use of any green ammunition over the long-term at ranges

previously contaminated with lead may increase future range cleanup costs due to

'dilution' of the lead in the firing range soils by other materials (copper, zinc, iron,

antimony, etc.)..."

- Excerpts from a Memorandum to All Regional Directors of the

National Park Service, from July 19, 2006, banning employee use of

any ammunition containing tungsten and noting potential increased

environmental cleanup costs due to the use of other "green" or

"non-toxic" kinds of ammunition that would not be recyclable like

lead and thus be subject to disposal as hazardous waste. Document

was received subject to a FOIA request to the National Park Service-

Pinnacles National Monument, and submitted as evidence to the

Public Record as Document Bates Number NPS000660-NPS000661

to the California Fish & Game Commission on June 25, 2009.

"...From: Chris Parish...

To: Kathy Sullivan...

CC: Ed Feltes, Grainger Hunt, Thom Lord

Re: Barnes new varmint bullet

'...So, I wonder if the copper-tin alloy is toxic? Grainger has talked with them about the

fact that copper is also known to be toxic. Very interesting..."

CP...

- Email from Chris Parish of the Peregrine Fund's operation

at the Vermillion Cliffs at the Grand Canyon National Park,

January 30, 2007. Document was received as a partial

response to an Arizona State Public Record Request, and

submitted for the Public Record to the California Fish & Game

Commission as Document Bates # AZGFD000353 on June

25, 2009.

"...February 21, 2007

California Department of Fish and Game

Ryan Broddrick, Director

1416 9th Street

Sacramento, CA 95814...

Dear Director Broddrick,...

We are very concerned to see on the Fish and Game Commission's Web-site a

proposal, appearing to be representative of the position of the California Department

of Fish and Game (CDFG), calling for a ban on lead ammunition for hunting in the range

of the California condor...

The National Shooting Sports Foundation (NSSF), the trade association for shooting,

hunting and firearms industry, is opposed to this ban on several grounds...

There are also unconsidered impacts and unintended adverse consequences of a lead

ban that may affect condors. For example, the only available alternative to lead for

rifle ammunition is ammunition made entirely from copper, a substance that itself can

be highly toxic and whose cost has soared exponentially following strong global

demand. What impact would high concentrations of copper from non-lead ammunition

have on condors? What research has been conducted on this subject? It would seem

that banning lead ammunition might only shift a possible source of toxicity from lead to

copper...

Furthermore, a copper bullet that has been used to take a big game animal becomes

deformed and in this process creates several very sharp, jagged edges that could

severely cut the tissues of the digestive tract if ingested by a condor, leading to death

by internal bleeding.

Banning lead ammunition may simply result in substituting one problem for another. The

end result could be no improvement in condor viability..."

- Excerpts from a letter from Larry Keane, Senior Vice

President and General Council of the NSSF, to Ryan Broddrick,

Director of the California Fish & Game Commission,

regarding issues related to copper ammunition in the

months well before the summer hearings on AB 821,

and it's final signature on October 13, 2007. Document

was received as a partial production due to a PRAR to

the California Fish & Game Department, and was submitted

as evidence to the Public Record as Document Bates#

CADFG000223-CADFG000229 on June 25, 2009.

"...March 27, 2007

California Fish & Game Commission

c/o Mr. John Carlson, Jr., Executive Director

1416 Ninth Street, Room 1320

Sacramento, CA 95814

Members of the Commission,

The attached advertisement from the March sales flyer of ...located in..., is for the

latest non-lead bullet from the Barnes Company. This bullet is designed to be highly

frangible and will leave a great portion of it's total mass, in copper and tin fragments,

many of them microscopic, within any target animal shot with it. It is designed for use

on non-game animals (varmints) only...Very frangible bullets are highly desirable for

varmint hunting. This is primarily for safety reasons to prevent far traveling ricochets

beyond the intended target. Such bullets are safe to use where other types may not

be such as near livestock or around ranch and farm buildings. Most other bullet makers

offer bullets of this type just for varmint hunters and pest control for farmers and

ranchers. But until the Barnes offering, all the other bullets of this type that we are

aware of have a frangible lead core.

The United States Military, in efforts to be more environment friendly, has been

searching for a non-lead bullet for use in small arms training. We understand their

efforts to date have been less than successful. The highly touted copper matrix

'green' bullet they were very high on for some time now has been found to leave

more highly toxic residue around government shooting ranges than the old metal

jacket, lead core bullets...

Were the Commission to adopt any regulation prohibiting the use of lead, or partially

lead, bullets and projectiles for hunting in any part of, or all of California, we have no

doubts the new Barnes 'Varmint Grenade' bullet, or others of similar design, would

then come into wide use. They might very well leave toxic residues of greater harm to

wildlife than the lead bullets being prohibited, but they would be legal. New technology

may very well be able to provide new products to be compliant with the law. This does

not necessarily mean the new product will be easier on the environment..."

- Excerpts from a letter to the California Fish & Game Commission,

from Walter L. Mansell, then Natural Resources Liaison from

the California Rifle and Pistol Association, regarding copper

toxicity issues and the Barnes "Varmint Grenade" bullet

demonstrated in the now-infamous "exploding prairie dog and

squirrel video" shown at the August 2007 Fish & Game Commission

Special Hearing on condors and lead bullet bans. The video

had been shown as part of the Barnes' company's "technical

demonstration and cooperation" of potential alternatives to

traditional ammunition. The letter was received as a general

distribution to CRPA members, as well as was also received

as subject to a partial production to a PRAR to the California

Department of Fish & Game, and was submitted as evidence

to the Public Record as Document Bates # CRPA000004-

CRPA000006 on June 25, 2009

"...From: Jim Petterson...

....March 21, 2007...

To: Jesse Grantham...Court Van Tassell...Chris Parish...Mike Wallace...

Kelly Sorenson...Joe Burnett... Kathy Sullivan

CC: Scott Schebinski...Alacia Welch...

Re: Report on fallow deer copper bullets and heavy metal analyses...

Hi all,

I am attaching a report Natalie Gates at Pt. Reyes National Seashore and myself

put together that examines potential risks of using fallow deer as supplemental

condor food. Part of the report includes radiographs of what Barnes copper

bullets look like in deer carcasses.

Results indicate that no lead fragments were found in fallow deer and that copper

and zinc liver levels are below that found in dairy calves. Also, calculations show

that condors will stand to greatly increase levels of copper ingested if they retain

copper bullets as compared to dairy calf livers. Smaller bullet fragments approximate

levels of copper found in calf organs currently. More details follow in the report, but

it pointed out to me that we should be pushing for a copper dosing study in condors

to see what impact widespread use of copper bullets may have on condors. I was

thinking of putting this on the agenda at our next field meeting and wanted to get

some feedback before I send this report out broadly, particularly as it pertains to

any lead ban being implemented...."

- Excerpts from an email sent by Jim Petterson to Jesse

Grantham and others noted above on March 21, 2007,

regarding the issue of potential copper toxicity to condors

from existing proffered food sources, possible ingestion of

"non-toxic" bullets and/or fragments of copper bullets, and

an implied "delay" of notification of copper toxicity while

a lead bullet ban was up for consideration in the spring of

2007. This email was obtained subject to a public record

request to the Arizona Department of Game and Fish, and

was received as part of a partial production to that request.

This document was submitted as evidence to the Public

Record as Document Bates # AZGFD000067 to the CA

Fish & Game Commission on June 25, 2009.

Well folks, that's not all that will be available on this matter. But "it 'll do", for now.

Spread the word.

Respectfully,

Anthony Canales

SFVMC-NRA

except as noted.