Attorneys for Plaintiffs Hells Canyon Preservation Council and The Wilderness Society UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

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Buck Manning
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1 Lauren M. Rule (ISB # 6863 ADVOCATES FOR THE WEST PO Box 1612 Boise ID ( lrule@advocateswest.org Attorney for Plaintiff Western Watersheds Project Jennifer R. Schemm (OSB # O Avenue La Grande, OR ( jschemm@oregontrail.net Brett Brownscombe (OSB # N. Montana St. Portland, OR ( brett@ortrout.org Attorneys for Plaintiffs Hells Canyon Preservation Council and The Wilderness Society UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO WESTERN WATERSHEDS PROJECT, Case No BLW Plaintiff, and DECLARATION OF HELLS CANYON PRESERVATION COUNCIL WILLIAM J. FOREYT and THE WILDERNESS SOCIETY, Co-Plaintiffs; v. U.S. FOREST SERVICE, Defendant.

2 I, William J. Foreyt, with full knowledge of the penalties for perjury, declare as follows: 1. I am a professor in the College of Veterinary Medicine at Washington State University, Pullman, Washington. I have a Bachelors of Science in Biology, a Masters of Science in Veterinary Science, and a PhD in Veterinary Science. 2. I have been a faculty member at this University since 1976, and have done disease research with bighorn sheep and domestic sheep since I have published approximately 185 research papers, chapters in textbooks, and one textbook. Since 1986, a major focus of my research is the causes of pneumonia in bighorn sheep, including (a compatibility of animals on common grazing areas, (b effects of disease organisms on the health of bighorn sheep, and (c development of methods to evaluate bacteria and resistance to pneumonia. Several of those published research papers are attached. See Exhibits A-I. 3. Pneumonia is the major cause of mortality in bighorn sheep in North America. Researchers, biologists and veterinarians agree there are four or five primary factors that cause pneumonia in bighorn sheep or predispose the animals to pneumonia. These include bacteria such as Pasteurella (Mannheimia haemolytica and Pasturella multocida, respiratory viruses, lungworms, different stressors, and exposure to virulent strains of Pasteurella or Mannheimia from domestic sheep and possibly domestic goats. 4. Although almost all ruminants naturally carry Pasteurella/Mannheimia, certain strains of Pasteurella/Mannheimia are nonpathogenic in one animal and pathogenic in a different species of animal. One example of this is Mannheimia haemolytica biotype A, DECLARATION OF WILLIAM J. FOREYT - 2

3 serotype 2 1 which has been shown to be relatively nonpathogenic in healthy domestic sheep, but highly fatal in healthy bighorn sheep that are given the same strain of bacteria. 5. I have conducted many studies on this issue, beginning in the 1970s. The earliest studies resulted in the first significant paper published on the scientific observations of the incompatibility of bighorn sheep and domestic sheep. In Washington, I had maintained a captive herd of fourteen bighorn sheep in a remote five acre pen for ten months. During that time, all bighorn sheep were healthy. After ten months, I put eleven domestic sheep in with the bighorns in an attempt to produce some hybrid sheep. During the next ten weeks, thirteen of the fourteen bighorn sheep died of pneumonia, and the domestic sheep remained healthy. 6. Meanwhile, in California, a similar event occurred when domestic bighorn sheep had nose-to-nose fenceline contact with bighorn sheep. All forty-three bighorn sheep died of pneumonia. Based on these scientific observations, another research scientist and I concluded that bighorn sheep and domestic sheep should not occupy the same ranges, or be managed in close proximity to each other because of the potential adverse effect on the bighorn sheep. See Exhibit A. 7. In another of my studies, the purpose was to evaluate the impact on respiratory disease susceptibility of captive bighorn sheep that had contact with healthy domestic sheep. Six healthy bighorn sheep that had been raised in captivity at Washington State University were co-pastured with six healthy domestic sheep. All six bighorn sheep died of acute hemorrhagic pneumonia between 4 and 71 days after the domestic sheep were introduced into the pen. All domestic sheep remained healthy. My conclusion from this 1 There are two biotypes of Mannheimia haemolytica: A and T. Within each biotype are specific serotypes, or strains. DECLARATION OF WILLIAM J. FOREYT - 3

4 study was again that bighorn sheep and domestic sheep should not be managed in close proximity to each other because of the potential fatal consequences to bighorn sheep. Exhibit B. 8. My studies have also shown that pneumonia episodes will affect lamb survival. Lambs born in bighorn sheep herds that have experienced a pneumonia outbreak usually die before the lambs reach three months of age. It is believed that ewes that survive pneumonia remain carriers of pathogenic bacteria for several years, and transfer it to their lambs through nasal secretions. Lambs are protected very early in life by passive colostrum immunity, but when this immunity wanes at six to eight weeks of age, lambs die from pneumonia caused by the bacteria from the nasal secretions. Thus, bighorn populations that survive pneumonia episodes have poor recruitment for several years as most lambs die for the three years after a pneumonia episode. See Exhibit C. 9. The objectives in another study conducted by me and several other researchers were to determine the pathogenicity of a common strain of Pasteurella haemolytica (Biotype A, Serotype 2 from healthy domestic sheep, and to characterize the bacteria isolates with a genomic fingerprinting technique known as ribotyping. This strain of Pasteurella haemolytica is very common in healthy domestic sheep, but is rare in bighorn sheep. None of the bighorns we tested in this experiment carried this strain prior to the experiment. 10. We completed the experiment three different times, but the results were essentially the same in each. After inoculating both domestic sheep and bighorn sheep with the domestic sheep bacteria, seven of the eight inoculated bighorn sheep died from acute pneumonia within 48 hours of inoculation, while all seven domestic sheep DECLARATION OF WILLIAM J. FOREYT - 4

5 remained healthy. One bighorn sheep that was not inoculated, but had contact with the inoculated bighorn sheep, also died from pneumonia. In all dead sheep, the same DNA type of Pasteurella haemolytica that was recovered from the lungs of the dead bighorn sheep was the same as in the inoculum. Our conclusion was that there are strains of Pasteurella haemolytica carried by healthy domestic sheep that are lethal in bighorn sheep. See Exhibit D. 11. I also conducted co-pasturing experiments with other animals to determine if other ungulate species would transmit disease to bighorn sheep. Unlike with domestic sheep, when co-pastured with elk, mule deer, white-tailed deer, cattle, llamas, or mountain goats, the bighorn sheep remained healthy. Exhibits E & F. 12. A major virulence factor contributing to the pathogenesis of bacterial pneumonia is a toxin produced by some strains of Pasteurella haemolytica. In an attempt to clarify the toxic properties of Pasteurella haemolytica in bighorn sheep and domestic sheep, we evaluated the toxins produced from bacteria that were isolated from healthy domestic and bighorn sheep. We found high levels of toxins produced from 8 of 14 bacterial isolates from healthy domestic sheep, but insignificant levels of toxin in the bacterial isolates from bighorn sheep. As a result, we concluded that since toxic isolates of Pasteurella haemolytica are common in healthy domestic sheep, contact between bighorn sheep and domestic sheep should be minimized because of the potential for transmission of pathogenic strains of Pasteurella haemolytica to bighorn sheep, resulting in fatal pneumonia in these sheep. Exhibit G. 13. In another experiment, we evaluated the susceptibility of neutrophils (type of white blood cells that fight infection from bighorn sheep, domestic sheep, elk and deer to DECLARATION OF WILLIAM J. FOREYT - 5

6 the toxins produced by Pasteurella haemolytica. The results give an indication which animals are most likely to die from pneumonia when exposed to the same strains of bacteria. We discovered that deer and elk neutrophils are very resistant to bacterial toxins whereas bighorn sheep neutrophils are four to eight-fold more susceptible to toxin damage than domestic sheep neutrophils. Our conclusion was that bighorn sheep neutrophils are much more sensitive than domestic sheep neutrophils to the same toxins produced by Pasteurella haemolytica. Therefore, bighorn sheep are more likely to die when exposed to specific strains of Pasteurella haemolytica. Exhibit H. 14. Finally, in an attempt to develop a vaccine for bighorn sheep, we used a cytotoxic bacteria that we isolated from a healthy bighorn sheep to determine whether the A11 strain would protect bighorn sheep from the A2 (Biotype A, Serotype 2 domestic sheep strain that produced fatal pneumonia in bighorn sheep. We inoculated the bighorn sheep twice with the vaccine strain of A11, and later challenged the bighorn sheep with the toxic A2 stain to determine vaccine efficacy. All vaccinated and control bighorn sheep died from pneumonia when exposed to the A2 strain, indicating the vaccine strain did not protect bighorn sheep from the domestic sheep A2 strain. Exhibit I. 15. Based on the above research and all the scientific published data, bighorn sheep are sensitive to the toxins produced by certain strains of bacteria that domestic sheep carry. When domestic and bighorn sheep are copastured, there is a high probability that bighorn sheep will contract those strains of bacteria and often die of fatal bacterial pneumonia. Thus, it is clear that contact between domestic sheep and bighorn sheep should be prevented if the objective is to prevent the fatal diseases which can be transmitted from domestic sheep to bighorn sheep. DECLARATION OF WILLIAM J. FOREYT - 6

7 16. Viruses, stress, lungworms, and different bacteria that bighorn sheep carry or encounter may be important in some bighorn sheep die-offs, but these factors are generally unpreventable or difficult to ameliorate. Prevention of domestic sheep contact with bighorn sheep is more controllable and an important method to prevent those dieoffs associated with direct contact between bighorn and domestic sheep. 17. I am not aware of any responsible wildlife biologist or veterinarian in North America who would allow domestic sheep contact with bighorn sheep if the goal is to maintain a healthy bighorn sheep population. 18. On November 2, 2007, I was part of a panel consisting of eleven respected scientists with significant expertise in sheep and bighorn sheep diseases that met to clarify science based concerns regarding Risk Analysis of Diseases Transmission between Domestic Sheep and Bighorn Sheep on the Payette National Forest. 19. Panelists focused primarily on disease and mortality of bighorn sheep, and the association with domestic sheep. At that meeting, all scientists agreed that scientific observation and field studies demonstrate that contact between domestic sheep and bighorn sheep is possible under range conditions, and that this contact increases risk of subsequent bighorn sheep mortality and reduced recruitment, primarily due to respiratory disease. This statement supports the findings that I have published in the scientific literature regarding my studies with captive animals under controlled conditions. 20. Attached are the following Exhibits: A. Foreyt & Jessup, Fatal Pneumonia of Bighorn Sheep Following Association With Domestic Sheep. Journal of Wildlife Diseases, 18(2, pp DECLARATION OF WILLIAM J. FOREYT - 7

8 B. Foreyt, Fatal Pasteurella Haemoltytica Pneumonia in Bighorn Sheep After Direct Contact With Clinically Normal Domestic Sheep. American Journal of Veterinary Research, 50(3, pp C. Foreyt, Pneumonia in Bighorn Sheep: Effects of Pasteurella haemolytica from Domestic Sheep and Effects on Survival and Long-Term Reproduction. Bienn. Symp. North. Wild Sheep and Goat Council, 7: D. Foreyt et al., Fatal Pneumonia Following Inoculation of Healthy Bighorn Sheep With Pasteurella Haemoltytica From Healthy Domestic Sheep. Journal of Wildlife Diseases, 30(2, pp E. Foreyt, Experimental Contact Association between Bighorn Sheep, Elk, and Deer with Known Pasteurella haeimolytica Infections. Bienn. Symp. North. Wild Sheep and Goat Council, 8: F. Foreyt, Effects of Controlled Contact Exposure Between Healthy Bighorn Sheep and Llamas, Domestic Goats, Mountain Goats, Cattle, Domestic Sheep, or Mouflon Sheep. Bienn. Symp. North. Wild Sheep and Goat Council, 9:7-14. G. Sweeney et al., Comparative Leukotoxicities of Pasteurella Haemolytica Isolates From Domestic Sheep and Free-Ranging Bighorn Sheep (Ovis Canadensis. Journal of Wildlife Diseases, 30(4, pp H. Silflow & Foreyt, Susceptibility of Phagocytes From Elk, Deer, Bighorn Sheep, and Domestic Sheep to Pasteurella Haemolytica Cytotoxins. Journal of Wildlife Diseases, 30(4, pp I. Foreyt & Silflow, Attempted Protection of Bighorn Sheep (Ovis Canadensis From Pneumonia Using a NonLethal Cytotoxic Strain of Pasteurella Haemolytica, Biotype A, Serotype. Journal of Wildlife Diseases, 32(2, pp I declare under the penalty of perjury that the foregoing is true and correct and was executed this 11th day of April 2007 at Pullman, Washington. s/william J. Foreyt William J. Foreyt Professor Washington State University College of Veterinary Medicine DECLARATION OF WILLIAM J. FOREYT - 8

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