PLAINTIFFS’ EXHIBIT P TO MOTION FOR PRELIMINARY INJUNCTION Declaration of Simone Netherlands Kathrens, et al., v. Jewell, et al., Civ. No. ____________

William Nicholson Lawton, OSB 143685 William S. Eubanks II, pro hac vice application pending [email protected] [email protected] Meyer Glitzenstein & Eubanks LLP 4115 Wisconsin Avenue, N.W. Suite 210 Washington, DC 20016 Tel: (202) 588-5206 x 107 Fax: (202) 588-5049 Attorney for Plaintiffs

UNITED STATES DISTRICT COURT DISTRICT OF OREGON PENDLETON DIVISION

Case No. ___________

GINGER KATHRENS, et al.,

DECLARATION OF SIMONE NETHERLANDS

Plaintiffs, v.

In Support of Plaintiffs’ Motion for Preliminary Injunctive Relief

SALLY JEWELL, et al., Defendants.

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DECLARATION DECLARATION OF SIMONE SIMONE NETHERLANDS NETHERLANDS /

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1. I.

I am the Group and have have the president president of of the the Salt River River Wild Wild Horse Horse Management Management Group

spent thousands of hours observing and documenting documenting wild horse National hours observing horse behavior behavior in the Tonto Tonto National spent thousands of Forest States. I have years of Forest and elsewhere elsewhere in the United United States. have 25 years of horse horse industry industry experience expcrrience as a trainer, 3rd Level dressage of Friesian Friesian horses horses from Holland Holland and am a 3'd Level dressage trainer, breeder breeder and importer importer of competitor. In addition situations, train them and adopt adopt them back out. I I rescue horses horses from from bad situations, train them them back competitor. addition Irescue declaration in in support support of of Plaintiff's Motion for Injunctive am submitting submitting this this declaration Plaintiff's Motion Injunctive Relief. Relief.

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I have observed surgeries and necropsies horses in the past and have observed numerous numerous surgeries necropsies on horses have

owned, rescued horses for over over 25 years. As a horse owner and an owned, rescued and medically medicaJly fixed fixed up sick horses horse owner advocate for both domestic wild horses, medically and have have a wide wide experience experience medically have taken taken advocate domestic and wild horses, II have equine anatomy, nutrition, and veterinary courses and am a certified certified PZP (immunoequine anatomy, nutrition, veterinary care care courses PZP darter. darter. (immunocontraception for contraception for horses). horses). 3.

On March March 5th, 2016~ 201o, I attended attended a workshop workshop on spaying spaying wild burros burros as a

population Conservation Center Center in population management management tool sponsored sponsored by by the Southwest Southwest Wildlife Wildlife Conservation Scottsdale, Scottsdale, Arizona. Arizona. Dr. Leon Pieltstick, Pieltstick, the the veterinarian veterinarian who who led the workshop workshop and is the I

leading of ovariectomy colpotomy on wild leading proponent proponent for the BLM's BLM 's use of ovariectomy via via colpotomy wild borses, horses, invited invited me to attend attend this of the capacity as President President of the Salt River River Wild Horse Horse Management Management this workshop workshop in my capacity \ Group. IIagreed government Group. agreed to attend attend in order order to witness witness a proc~dure procedure that that II believed believed the federal federal government

might elect to use in its future future management management of of wild wild Horse horse populations populations Dr. Pielstick Pielstick informed informed me migllt elecl and the eight other observers present contact with the eight other observers present that he had bee~ been in contact with BLM BLM about about possibly possibly

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performing procedures in Oregon Oregon on wild horses horses and burros. burros. performing the procedures 4.

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Dr. Pielstick Pielstick performed performed oVariectOmieSfia ovariectomies via colpQtomy colpQtomy on a hoes,e horse and and four four formerly fOID1erly

as ovariectomies via ia flank genes on two more . t d burros as well well as ovariectomies flank incision incision sur surgeries more wild \ Wild but but now now tame arned burros,,

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wild burros. Dr. Pielstick performed the ovariectomy ovariectomy via colpotomy colpotomy on the horse horse in a barn barn wild burros. Pielstick performed where other other horses horses were were present, present, and performed performed the surgeries surgeries on burros burros in a chute outside, where where where chute outside, conditions were windy windy and dusty. He also performed performed two castrations male burros burros directly directly conditions were castrations on two male on the ground ground outside outside of of a barn. 5.

Nine observers observers watched watched Dr. Pielstick Pielstick perform perform these procedures. Dr. Pieltstick Pieltstick Nine these procedures.

allowed three their hands hands inside of the burros, burros. and he allowed allowed two two attendees attendees allowed three attendees attendees to put put their inside one of to perform surgery on the last burro. perform the entire entire surgery

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Dr. Pielstick Pielstick explained explained that the presence presence of of observers observers during during these these procedures procedures did

not present wellbeing of animal, the veterinarian, present any increased increased risk to the wellbeing of the animal, veterinarian, or the bystanders. bystanders. Indeed, of the attendees attendees to Indeed, he personally personally invited invited each of attendees to watch, watch. and invited invited two attendees perform surgery themselves. explained that any risks surgery stemmed stemmed from perfOlm the surgery themselves. He He explained risks in the surgery from both both the nature of the procedures nature of procedures as performed performed vaginally, vaginally, rather rather than than through through a flank incision, incision, and the the nature of horse as a wild animal animal not accustomed accustomed to human contact. According According to Dr. of the horse human contact. nature Pielstick, presence of of nine observers did not increase discomfort to the Pielstick, the presence nine observers increase the the risk or discomfort the animals animals undergoing experience observing surgeries and veterinary undergoing the the procedures. procedures. My experience observing these these and other other surgeries veterinary procedures horses proves explanation that the wi Id horses proves to me that Dr. Pielstick Pielstick was was accurate accurate in his explanation the procedures on wild presence of observers does not increase of these presence of observers does increase the the risk of these procedures. procedures. 7.

Dr. Pielstick does not other types Pielstick also indicated indicated that he does not believe believe that other types of of distractions distractions

increase of these ovariectomy via colpotomy' increase the risk risk of these procedures. procedures. He chose chose to perform perfonn the ovariectomy via col potomx on a horse chose to perform other procedures despite the presence horse in a barn, barn, and chose perform the other procedures outside, outside, despite presence of of wind wind dust. and dust

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Dr. Pielstick allowed a video of him performing ovariectomy via Pielstick allowed video recording recording of performing an ovariectomy

colpotomy video of shows, Dr. Pielstick colpotomy on a wild burro burro to be taken. As the the video of that procedure procedure shows, Pielstick

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described what what he was observers were described was doing doing as he performed perfomled the procedure. procedure. The The observers were not not quiet; quiet; during the procedure, chatter among even laughter, laughter, is regularly regularly audible. audible. It during procedure, chatter among the observers, observers, and even appears clear clear from the appeared clear also appears the video, video, and appeared clear to me when when I was present, present, that the the considerable stress stress and pain animal endured considerable pain that the animal endured was was due to the procedure procedure itself itself and not not due to the presence of observers. observers. At no time time did Dr. Pielstick Pielstick indicate indicate that the observers observers were were a presence of distraction observers to be quiet distraction or posed posed any risk to him or the burro. burro. He never never told the the observers quiet and did not seem observers were thi s seem fazed tazed even when when observers were joking joking and laughing. laughing. This This recording recording is attached attached to this declaration Attachment 1. declaration as Attachment I. 9.

My experience experience observ observing ovariectomies via ing Dr. Pielstick Pielstick performing performing ovariectomies via colpororny colpotomy

on a horsej on wild burros left me with the strong strong belief wi ld burros belief that this this procedure procedure is not not a humane humane horsej and 00 or acceptable animals. I I accepted accepted Dr. Pielstick's Pielstick' s invitation invitation to acceptable management management practice practice for wild animals. observe of the Salt E observe these these procedures procedures because, because, as the President President of Biver Wild Horse Horse Management Management Group, I am acutely acutely aware Group, aware that the management management of of wild wild horse horse populations populations on public public lands lands poses poses difficult public balancing socia socially difficult public policy policy questions questions balancing ll y acceptable acceptable humane humane treatment treatment with with costcosteffective population management. 1I attended attended these open mind in an effort effective population management. these procedures procedures with an open effort to assess whether could be part of a viable viable solution solution to a difficult ofpublic difficult set of public policy policy assess whether this tltis procedure procedure could part of problems. although Ir have observed numerous surgeries on horses have observed numerous surgeries horses before before and am problems. However, However, although accustomed appeared to be a particularly accustomed to seeing seeing blood, blood, these these procedures procedures appeared particularly inhumane inhumane and unacceptable burros. For example, Dr. Pielstick unacceptable way to treat treat wild wi Id horses horses and burros. For example, Pielstick repeatedly repeatedly informed ovariectomy via colpotomy colpotomy has significantly significantly greater similar surgery informed us that ovariectomy greater risks than than a similar surgery that enters animal's's flank, enters through through an animal flank , because because in the flank tlank surgeries surgeries an incision incision can be sutured. sutured. Dr. Pielstick described how reason flank surgeries Pielstick also described how for this this reason surgeries generally generally have have a lower lower mortality mortality rate than ovariectomy Additionally, my long experience as an observer observer of of wild wild ovariectomy via colpotomy. colpotomy. Additionally, long experience

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horses and burros horse trainer trainer equipped equipped me me to observe body language language and horses burros and as a horse observe the body expressions the animals determine that expressions of ofthe animals undergoing undergoing these these procedures procedures and to determine that they they were were

experiencing severe pain pain and distress For these these reasons, reasons, my observation observation of of these these procedures procedures experiencing severe distress. . For persuaded acceptable management management persuaded me that that ovariectomy ovariectomy via colpotomy colpotomy is not a humane humane or acceptable

practice for wild wild horses horses or burros. burros. practice 10.

In my experience experience as someone observed the very procedure someone who has observed procedure that that the BLM BLM

mares, it is my opinion that direct observation of of these now plans to perform pertorm on 100 wild mares, now plans opinion that direct observation these experiments would be extremely valuable to the public public in making making a decision decision about about whether whether this this experiments would extremely valuable is a humane acceptable management management practice. believe that humane or acceptable practice. I do not believe that the public public will be able to informed judgment of the BLM's clinical description of the BLM's clinical description of the procedures procedures or make an informed judgment on the basis basis of its reports ability to observe observe the horses after reports on complications complications from the the procedures, procedures. nor nor from [rom the ability horses afier the procedures complete. Witnessing Witnessing this this procedure procedure provided provided me with with a powerful, powerful. vivid vivid procedures are are complete. illustration ovariectomy via colpotomy. illustration of of what what an animal animal endures endures when when it is subject subject to an ovariectomy colpotomy. No about whether whether this procedure mere description description could could allow allow me to make make as informed informed a judgment judgment about procedure is a humane acceptable management humane or acceptable management practice. practice.

Pursuant declare under Pursuant to 28 U.S.C. U.S.c. § 1746, I hereby hereby declare under penalty penalty ofperjury ofperjllry that that the foregoing foregoing is true and correct of my knowledge belief. correct to the the best best of knowledge and belief.

August 11,2016 August 11 ,2016

Simone Netherlands Simone Netherlands

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Attachment 1 to Declaration of Simone Netherlands Attachment 1 consists of a short video, referred to in ¶ 8 of this Declaration, on a CD that Plaintiffs will file in hard copy with the Court. A copy of the CD is being sent to the Court and to the Defendants in the most expeditious manner possible.