HomeMy WebLinkAboutSubmitted at 10-28-10 SEQR hearing.pdfThe
SEQR
process
was
created
with
the
intent
to
facilitate
informed
decision
making,
and
the
clear
requirement
that
decision
makers
take
a
“hard
look”
at
alternatives
with
less
environmental
impact
than
the
proposed
plan
of
action.
This
requires
access
to
qualified
experts
who
can
be
trusted
to
supply
accurate
information
about
complex
issues.
When
information
offered
by
experts
is
misleading
or
inaccurate,
the
effect
in
the
integrity
of
the
decision-‐making
process
and
especially
the
environmental
review
process
can
be
devastating.
As
documented
in
video
record,
on
November
20,
2008,
Dr.
Paul
Curtis,
a
professor
with
Cornell
University’s
Natural
Resources
Department,
made
a
presentation
at
a
public
meeting
of
the
Cayuga
Heights
Deer
Remediation
Advisory
Committee
(DRAC).
During
this
presentation
he
discussed
his
previous
involvement
in
a
deer
population
reduction
program
in
Cayuga
Heights
and
offered
his
analysis
of
various
options
for
addressing
the
Cayuga
Heights
trustees’
desire
to
reduce
the
current
population
of
deer
in
Cayuga
Heights.
During
this
presentation,
which
included
projection
of
slides
and
photos,
Dr.
Curtis
also
answered
questions
from
trustees,
members
of
the
DRAC,
and
members
of
the
public.
At
the
time
of
Dr.
Curtis’s
presentation,
members
of
the
DRAC
were
comparing
several
potential
methods
of
reducing
the
deer
population
in
Cayuga
Heights,
including
sterilization,
immunocontraception,
and
killing.
It
was
during
his
comments
on
the
costs
and
efficacy
of
immunocontraception
methods
used
successfully
for
two
large
scale
management
oriented
deer
contracepive
projects,
that
Dr.
Curtis
made
numerous
statements
whose
accuracy
has
come
under
question.
The
numerous
inaccuracies
in
Dr.
Curtis’s
presentation
had
the
cumulative
effect
of
making
it
appear
that
the
immunocontraception
methods
described
for
these
two
projects
were
grossly
more
expensive
and
grossly
less
effective
than
they
have
been
documented
to
be
in
peer-‐reviewed
publications
that
are
quite
well-‐
known
in
the
wildlife
management
field.
These
inaccuracies
take
on
real
significance
in
the
context
of
Dr.
Curtis’s
role
as
the
principle
scientific
expert
consulted
by
the
trustees,
and
the
central
role
played
by
Dr.
Curtis’s
theories
in
the
development
of
the
trustee’s
proposed
plan.
In
response
to
Dr.
Curtis's
remarks
at
this
November
20,
2008
presentation,
we
have
reviewed
the
published
literature
and
have
sent
Dr.
Curtis's
remarks
to
Dr.
Jay
Kirkpatrick,
one
of
the
scientists
who
had
significant
involvement
with
both
of
the
above
mentioned
deer
contraceptive
projects.
We
requested
that
Dr.
Kirkpatrick
respond
to
each
remark.
With
some
reluctance
he
agreed
to
do
this
with
the
understanding
that
he
is
not
advocating
any
form
of
management
at
Cayuga
Heights.
As
a
condition
for
responding
to
these
remarks,
he
also
made
it
perfectly
clear
that,
while
he
has
no
interest
in
the
Cayuga
Heights
issues,
he
does
have
an
interest
in
making
clear
that
deer
contraception
has
been
successful
and
that
the
real
issues
are
social,
cultural,
economic
and
political,
but
not
scientific.
We
chose
Dr.
Kirkpatrick
from
among
several
scientists
who
could
have
done
this
review
because
of
his
extensive
experience
with
wildlife
contraception
over
a
40
year
period.
If the scientific expert upon whose research, consultation and advice the trustees based
their plan presented information this inaccurate about an alternative approach with a
lower cost and lower environmental impact than the one the trustees adopted with Dr
Curtis’s advice, and if Cornell research programs connected to Dr. Curtis are slated to
receive over $270,000 dollars of funding from the Village of Cayuga Heights under the
plan he helped develop, are the trustees not obligated to reconsider their entire plan as
well as question the validity of all claims made and information supplied by Dr. Curtis?
James
LaVeck
City
of
Ithaca
Dr.
Kirkpatric
responds
to
representations
made
by
Dr.
Paul
Curtis
To
whom
it
may
concern:
Below
are
excerpts
from
the
video
transcript
of
Dr.
Curtis’s
11-‐08
presentation
to
the
Cayuga
Heights
Deer
Remediation
Advisory
Committee.
My
comments
on
relevant
transcript
excerpts
are
in
red,
while
Dr.
Curtis’s
and
other
event
participant’s
comments
are
in
blue.
Cayuga
Heights
Mayor
Gilmore:
In
what
communities
has
sterilization
worked?
Dr.
Paul
Curtis:
Depends
how
you
define
“worked.”
Mayor
Gilmore:
Effectively,
measurably
lowered
deer
populations
to
tolerable
levels?
(Note:
based
on
Dr.
Curtis’s
reply,
it
is
clear
he
understood
Mayor
Gilmore
to
be
asking
about
immunocontraception,
not
sterilization)
Dr.
Curtis:
None
that
I’m
aware
of.
Okay,
the
two
studies
that
are
often
touted
as
the
[makes
air
quotes
with
his
hands]
“success
stories”
for
immunocontraception
are
Fire
Island
National
Seashore,
out
on
Long
Island
–
they’ve
done
an
immunocontraception
program
out
there
with
PZP
for
about
10
years,
and
they
have
suppressed
the
growth,
the
population
growth
has
been
lowered
dramatically.
Numbers,
depending
on
how
you
look
at
the
data,
are
maybe
slightly
down,
but
not
a
huge
amount.
Dr.
Kirkpatrick
comments:
See
Rutberg
and
Naugle,
2008.
Population-‐level
effects
of
immunocontraception
in
white-‐tailed
deer.
Wildl.
Res.
35:494-‐501.
This
published
paper
reports
on
a
60+%
decline
in
the
deer
population
on
Fire
Island
communities
where
immunocontraception
has
been
used
for
16
years,
not
ten
years
as
Dr.
Curtis
stated.
60+
%
is
a
“huge”
amount
by
anyone's
standard.
Dr.
Curtis:
The
way
they
census
deer
out
there
–
I’ve
got
some
questions
on
their
numbers,
they
do
browse,
pellet
surveys,
and
that
whole
method
is
questionable
to
start
with
–
that’s
what
they’re
using.
Dr.
Kirkpatrick
comments:
On
the
Fire
Island
project
the
population
study
work
was
carried
out
by
Brian
Underwood,
of
the
USGS
at
Syracuse,
using
distance
sampling
methods,
not
the
methods
described
by
Dr.
Curtis.
Dr.
Curtis:
So,
at
least
they
suppressed
the
herd,
but
they
haven’t
really
reduced
it.
They’ve
still
got
way
more
deer
on
the
landscape
than
they
want,
after
10
years
of
the
program
and
spending
well
over
a
million
dollars
out
there.
Dr.
Kirkpatrick
comments:
Again,
60+
%
reductions
were
documented
in
peer-‐reviewed
publications.
No
population
goals
were
ever
set
for
the
Fire
Island
project,
by
the
NPS
or
the
Dept.
of
Commerce
for
a
second
project
at
the
National
Institute
of
Standards
and
Technology
(NIST),
in
MD.
.
Who
then,
is
the
“they”
Dr.
Curtis
referred
to
as
having
“way
more
deer
on
the
landscape
than
they
want?
Certainly
not
the
citizens
of
Fire
Island
National
Sea
Shore.
The
costs
at
the
Fire
Island
Sea
Shore
Project,
which
I
directly
tracked
myself
for
the
first
two
years
of
the
project
('93
and
'94),
never
exceeded
$10,000
for
each
year.
There
is
simply
no
factual
basis
that
a
million
dollars
was
spent.
Dr.
Curtis:
The
other
place
they
cite
as
a
success
is
the
National
Institute
of
Technology
and
Standards
[sic]
down
in
Virginia
[sic].
There’s
a
semi-‐captive
herd
in
fence,
again
PZP
[an
immunocontraception
vaccine
used
by
Dr.
Kirkpatrick]
was
used
for
many
years.
There’s
actually
some
relatively
good
data,
the
deer
numbers
were
reduced
a
bit
there.
But
again,
there’s
still
more
than
the
goal
density.
Mayor
Gilmore:
They’re
fenced
in?
Dr.
Curtis:
They’re
–
at
least
part
of
the
facility
is
fenced.
Mayor
Gilmore:
Part
of
it.
Audience
member:
Where
was
that?
Dr.
Curtis:
The
National
Institute
of
Technology
and
Standards.
I
think
it’s
Front
Royal,
Virginia.
Dr.
Kirkpatrick
comments:
NIST
is
located
in
Gaithersburg,
MD,
about
90
miles
from
Front
Royal.
It
is
the
typical
urban
deer
situation,
with
highways,
dense
residential
areas
and
continued
commercial
development
surrounding
it.
The
herd
at
NIST
can
leave
or
enter
the
facility
at
will
through
the
many
gates.
One
buck,
for
example,
showed
up
at
Dulles
Airport,
40
miles
away.
Hence,
in
this
context,
the
use
of
the
term
semi-‐captive
is
extremely
misleading.
The
use
of
this
term
ignores
fundamental
white-‐tail
deer
social
organization
and
behavior.
These
animals
live
in
matriarchal
family
units
and
if
they
are
not
harassed
and
adequate
nutrition
is
available,
will
spend
their
entire
lives
in
a
one-‐
half
to
one
square
mile
area.
But
their
doing
so
does
not
make
them
‘semi-‐captive’.
Deer
Committee
Chair
Kate
Supron:
What’s
the
life
expectancy
of
a
doe,
if
they’re
not
hit
by
a
car?
Dr.
Curtis:
At
least
12
years,
some
will
get
a
little
bit
older.
So
that’s,
again,
why
we
don’t
see
the
immunocontraceptive
vaccine
as
being
a
good
solution,
because
that
means
we’re
going
to
have
to
handle
that
deer
six
or
eight
times
in
her
lifetime
–
minimum
-‐-‐
to
shut
down
her
reproduction.
That’s
why
you’re
better
off
doing
the
spay
the
first
time
and
not
have
to
worry
about
it
for
12
years.
Dr.
Kirkpatrick
comments:
Immunocontraception
was
developed
with
a
goal
of
no
handling
of
the
animals,
for
ethical
reasons.
An
animal
can
be
darted
six
or
eight
times
in
her
life
without
capturing
her.
This
issue,
of
handling,
or
no
handling
is
an
animal
welfare
issue
and
not
a
scientific
one.
Kate
Supron:
And
when
–
at
what
age
do
they
breed,
and
for
how
long?
Dr.
Curtis:
It’s
variable.
Depends
on
–
it
depends
on
quality
of
habitat.
So
where
you’ve
got
a
really
good
quality
of
habitat
here,
some
of
the
earlier
born
female
fawns
–
maybe
as
many
as
20%
of
the
earlier
born
female
fawns
–
will
breed
as
fawns.
Invariably
almost
all
the
yearling
deer
–
the
year-‐and-‐a-‐half-‐old
deer
–
will
breed,
and
usually
most
yearling
deer
will
have
a
single
fawn
the
first
birth.
And
then
once
a
deer
is
two-‐and-‐a-‐
half
years
old
or
older,
and
a
full
doe,
then
she
will
typically
have
two
fawns
every
year
for
the
rest
of
her
life.
And
occasionally,
when
resources
are
real
good,
the
winters
are
mild,
she
may
have
three.
We
occasionally
see
triplets.
So,
if
you
start
looking
again
at
the
population
growth
equation,
you’ve
got
annual
first
breed
–
fawns
or
yearlings
for
the
most
part.
You’ve
got
a
long-‐lived
animal
that’s
going
to
live
12
years,
and
so
to
keep
the
population
stable,
for
a
12-‐year-‐old
female
deer,
only
one
of
her
female
fawns
needs
to
survive
during
her
lifetime
in
order
to
keep
the
population
stable.
And
what
are
the
chances
of
that?
Not
very
good.
-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐
Dr.
Curtis:
So
what
have
we
learned
from
immunocontraception?
Both
the
vaccines
effectively
inhibit
reproduction
for
individual
deer.
They’re
very
costly,
given
the
field
protocols
you
gotta
do.
Dr.
Kirkpatrick
comments:
The
immunocontraceptive
costs
$24/dose
(the
cost
of
production);
$2.15
for
the
dart;
fifty
cents
for
the
adjuvant.
Labor
is
the
only
other
significant
cost.
Dr.
Allen
Rutberg,
at
Tufts
University
School
of
veterinary
Medicine
and
the
lead
author
in
the
scientific
publications
describing
these
two
projects,
did
an
exhaustive
analysis
of
labor
for
deer
contraception.
Contraceptive
darting
time
per
deer
ranges
from
lows
of
2.7
-‐
to
highs
of
17
hrs
per
deer.
If
you
use
an
average
of
about
10
hrs
per
deer,
and
you
want
to
treat
about
100
deer,
and
you
pay
the
darter
$15/hr,
the
cost
is
about
$15,000
per
100
deer,
which
is
somewhere
in
the
neighborhood
of
what
we
found
at
Fire
Island
(except
the
time
per
deer
was
lower
there).
(see
Rutberg.
2005.
Deer
contraception;
What
we
know
and
what
we
don't
know.
Humane
Wildlife
Solutions.
A.
Rutberg
(ed).
Humane
Society
Press,
Washington
DC,
Pp.
23-‐42).
Dr.
Curtis:
And
a
couple
of
other
things
we
saw
–
with
the
PZP
vaccine,
because
the
female
deer
weren’t
becoming
pregnant,
we
saw
a
lot
of
increased
activity.
The
buck
continued
to
try
to
breed
those
deer
up
until
March,
when
photoperiods
shut
down
their
estrus
cycling.
Normally
with
deer
-‐-‐
typically
the
majority
of
adult
does
would
get
pregnant
right
on
their
first
estrus
in
November
–
first
week
in
November
is
about
the
peak
around
here.
For
those
does
that
don’t
become
pregnant
on
the
first
breed,
they’ll
cycle
again
in
December,
and
most
of
the
does
at
that
point
will
get
pregnant
and
conceive
on
their
second
breeding.
And
then
usually
by
the
time
that
you’re
at
the
end
of
December,
there
aren’t
any
fertile
does
left.
But
with
the
PZP-‐treated
female,
because
they
can’t
become
fertile,
photoperiod
keeps
that
cycling
going.
And
so
they
cycle
based
on
day
length,
and
they
cycle
again
in
January,
and
they
cycle
again
in
February,
they
cycle
again
in
March.
So
you’ve
got
bucks
chasing
does
all
winter
long,
that
you
wouldn’t
normally
have.
So
that
could
mean
potentially
deer
running
in
front
of
cars.
We
know
most
deer-‐vehicle
accidents
occur
during
the
peak
of
the
rut
in
November.
There’s
good
data
that
show
that.
And
a
lot
of
these
things
need
to
be
looked
at,
I
think,
if
we’re
going
to
get
into
using
these
vaccines
in
a
management
phase
over
the
long
term.
Dr.
Kirkpatrick
comments:
The
study
referred
to
here
was
done
at
Front
Royal,
at
the
Smithsonian's
Conservation
and
Research
Center
(see
McShea
et
al.
1997.
The
effect
of
immunocontraception
on
behavior
and
reproduction
of
white-‐tailed
deer.
J.
Wildl.
Manage.
61:560-‐569.)
What
was
discovered
was
that
(1)
treated
deer
did
extend
their
breeding
season,
(2)
older
bucks
did
all
the
normal
early
breeding
and
then
quit,
(3)
younger
bucks
(spikes
and
fork
horns)
followed
the
estrous
does
around
but
not
in
any
form
of
frenzy,
(4)
the
following
summer,
the
non-‐pregnant
treated
does
were
significantly
heavier
than
the
non-‐treated
does
with
fawns.
A
subsequent
study
showed
that
by
fall,
weight
differences
disappeared
(see
Walter
et
al.
2003.
J.
Wildl.Manage.
67:762-‐766).
The
point
here
is,
that
a
"frenzy"
of
activity
does
not
result
from
the
extended
breeding
season.
And
in
fact,
there
is
published
data
to
show
that,
in
treated
populations
(NIST
in
this
case)
deer-‐car
accidents
decline
as
population
declines.
(see
Rutberg
and
Naugle
2008.
Human-‐Wildlife
Confliects
2:60-‐67.)
If
immunocontraception
and
the
extended
breeding
season
resulted
in
more
car-‐deer
collisions,
why
did
the
rate
go
down
at
NIST?
End
of
video
transcript
excerpts/comments
Jay
F.
Kirkpatrick,
Ph.D.
Director
The
Science
and
Conservation
Center
2100
South
Shiloh
Road
Billings,
MT
59106
406-‐652-‐9719
fax (406) 652-9281
jkirkpatrick@montana.net
Biography
of
Jay
F.
Kirkpatrick,
Ph.D.
Dr. Kirkpatrick grew up in rural Bucks County, Pennsylvania and earned the Ph. D. in
reproductive physiology from the College of Veterinary Medicine at Cornell University
in 1971. For 23 years he taught physiology at Montana State University-Billings and for
seven of those years he served as Dean of the School of Arts and Sciences. Along the
way of this career Dr. Kirkpatrick worked as a ranger for the National Park Service for
seven years, in Rocky Mountain National Park, was a senior scientist for Deaconess
Research Institute, and carried out post-doctoral studies at the veterinary schools at the
University of Pennsylvania and the University of California at Davis, and at the Center
for Reproduction in Endangered Species at the San Diego Zoo.
He also held an academic
appointment as adjunct associate professor in the Department of Population Health and
Reproduction, School of Veterinary Medicine, University of California at Davis from
1992 to 2005, and is currently the Director of the Science and Conservation Center at
ZooMontana, in Billings. Dr. Kirkpatrick has served on the National Animal Damage
Control Advisory Committee for the Secretary of Agriculture. He is a member of the
Contraceptive Advisory Group for the Association of Zoos and Aquariums, and has
served on the Montana Wolf Management Council.
For the past 38 years Dr. Kirkpatrick has carried out research on fertility control for wild
horses and other wildlife, for the purpose of developing non-lethal and humane methods
of controlling wildlife populations, and on non-capture methods for studying
reproduction in free-ranging wildlife species through
the use of urinary and fecal steroid
hormones. His work has included wild horses, African elephants, white-tailed deer, water
buffalo, bison, elk and more than 100 species of captive exotic animals in zoos.
Dr.
Kirkpatrick is probably best known for his contraceptive research with the wild horses of
Assateague Island, for the study of reproduction in the bison of Yellowstone National
Park, and more recently for African elephant contraception in the Republic of South
Africa.
He is the author of more than 100 scientific papers and book chapters, of which 54 relate
to the biology of wild horses or fertility control of this species. He is also the author of
Into The Wind: North America’s Wild Horses. In 2001, the reproductive biology
laboratory of the new veterinary center for Kruger National Park, in South Africa was
dedicated in his name. In 2002, he was the recipient of the National Park Service’s
Researcher of the Year for the Northeast Region, for his contraceptive work with the
Assateague wild horses, in 2004 he was awarded the Montana Academy of Science’s
Mershon Award, for outstanding contributions in the field of science in Montana, and in
2005, Dr. Kirkpatrick was inducted into the Wild Horse and Burro Exposition Hall of
Fame.
He is best summarized by a comment by Dr. Ron Keiper, Distinguished Professor of
Biology at Penn State University, himself a noted wild horse researcher. He says, “Dr.
Kirkpatrick is a champion of wild horses. To their cause he has brought the cold eye of
science and the warm heart of compassion. To him wild horses have value simply
because they are magnificent creatures that have survived all that nature and man has
thrown at them.”
Dr. Kirkpatrick lives with his wife Kathie in Billings, Montana, with their two dogs
Angus and Farley and cat Savannah.