- Location
- Desert Beach So Cal
Know what the opponents think about your sport ...
**********
SKID MARKS ISSUE #99, October 6, 2005
Skid Marks, Wildlands CPR's tri-weekly e-mail newsletter, reports on
activist efforts to challenge roads and motorized recreation nationwide. Skid Marks shares instructive and precedent-setting successes and failures in the campaign to halt motorized abuse of wildland
systems.
---
1. FATAL CRASH LEADS TO LIABILITY QUESTIONS
2. FOREST SERVICE TARGETS ILLEGAL ROUTES
3. NEW MOTORIZED RULES IN ELDORADO NATIONAL FOREST
4. UTAH BLM CLOSES ROUTES TO OFF-ROAD VEHICLES
5. COURT UPHOLDS UTAH MANAGEMENT POLICIES
6. BOULDERS TO DETER OFF-ROAD VEHICLES ON POPULAR TRAIL
7. MONTANA FISH AND GAME ADD WEIGHT TO 36,000 COMMENTS ON ROCKY MOUNTAIN
FRONT PLAN
---
1. FATAL CRASH LEADS TO LIABILITY QUESTIONS
For the first time, Utah ranchers may now be facing serious consequences
if their livestock escape and cause property damage or injury.
In December, a woman was killed on Utah's Highway 30 when her car
collided with a cow that had wandered into the road. The owner of the cow is
facing manslaughter charges.
Each year there are about 550 livestock-caused traffic accidents in
Utah, which is only a fraction of those caused by wildlife.
Because of a lack of uniform standards outlining fencing
responsibilities and liability in the state, most ranchers have been
safe from legal consequences when their animals cause harm.
However, according to attorney Daniel Dygert, the law is clear about range land next to highways:
ranchers cannot let their livestock stray onto public roads.
This ruling may have implications for ranchers who experience trespass
by off-road vehicle users who cut fences or leave gates open. J.D. Scott,
who has ranched in northern Utah near the Idaho border for 40 years, spends
10 hours each week repairing fences. He has documented that off-roaders are
the ones who trespass, leaving gates open, mowing down or cutting fences
and leaving him liable for cattle who escape.
"The horse people are usually okay because they know what it's like when
livestock get loose. They close gates."
---
2. FOREST SERVICE TARGETS ILLEGAL ROUTES
Illegal off-road vehicle routes on National Forest land have become a
growing problem, posing a serious threat to the land, wildlife, and
humans.
Although there are currently about 274,000 miles of roads and routes in
national forests across the country available to off-road vehicle users,
some users are evidently feeling the need to illegally create new routes
on their own. These routes are often dangerous for human users, and worsen
erosion and pollution problems for the area's ecosystem.
Many blame the Forest Service for not monitoring its lands to prevent
such abuse. Two such groups are the Natural Trails and Waters Coalition and
the Blue Ribbon Coalition.
Faced with a dwindling budget, the Forest Service has been forced to
greatly reduce its oversight capabilities. With fewer people and
resources, effectively protecting all 155 national forest and 20
grasslands from illegal off-road vehicle use is nearly impossible.
One area where illegal route use is an especially contentious issue is
the Mount Hood National Forest, encompassing 1 million acres about 20 miles
east of Portland, Oregon. Due to a lack of funding, all road maintenance
staff were eliminated earlier this year, and private contractors now
have that responsibility.
At least 30 miles of illegal routes have been carved in the forest's
northeast corner, which offers habitat for native trout and other
species. The Forest Service decided to close the area to off-road
vehicle users for two years, drawing fire from groups like the Blue Ribbon
Coalition.
---
3. NEW MOTORIZED RULES IN ELDORADO NATIONAL FOREST
Thanks in part to pressure from the Center for Biological Diversity and
the Center for Sierra Nevada Conservation, California's Eldorado National
Forest will restore 700 miles of unauthorized routes cut by off-road
vehicle riders. The forest continues to allow off-road vehicle use on
the 2,200 miles of officially identified roads and routes.
This change has been implemented by Forest Supervisor John Berry, acting
on an order of the Federal District Court. The order will be in effect
until an environmental impact statement is completed in late 2006, after which
a system of designated roads and routes for motorized use will be
established.
Many forest users will not be affected by the closure, since most of the
high-traffic routes are still open. However, some backcountry campers
and hunters will need to make changes in their routes to accommodate the
restrictions.
More information is available at
<www.fs.fed.us/r5/eldorado> www.fs.fed.us/r5/eldorado.
---
4. UTAH BLM CLOSES ROUTES TO OFF-ROAD VEHICLES
The Bureau of Land Management has issued the latest in a series of
closures to address the worsening problem of unauthorized off-road vehicle use on
the state's public lands.
The Hog Canyon and Trail Canyon areas north of Kanab are now closed to
motorized use. BLM officials said the restrictions were necessary to
prevent continued damage to soil, vegetation, and cultural resources. A
seasonal closure of part of Hog Canyon has also been implemented to
protect nesting raptors.
The Southern Utah Wilderness Alliance (SUWA) was very active in the
closure process, and had pushed for a complete closure of the entire Hog Canyon
area. Due to its popularity and proximity to Kanab, the BLM decided to
leave a few off-road vehicle routes open.
Off-road vehicle advocacy groups are protesting the closures, and are
particularly frustrated because it was motorized users that alerted
authorities to trail damage in the first place. The BLM is facing legal
challenges from off-road vehicle groups over previous closures in Utah.
---
5. COURT UPHOLDS UTAH MANAGEMENT POLICIES
A Utah District Court has ruled in favor of a National Park Service
regulation closing a streambed in Canyonlands National Park to motorized
use. This is the end of a prostrated legal battle, involving groups such
as the Southern Utah Wilderness Alliance and the Utah Shared Access
Alliance.
The Park Service found that such use would impair park resources, and
closed the route under the jurisdiction of the Impairment Standard in
the 2001 Management Policies and the Organic Act, whose overriding purpose
is to preserve nature as it exists. This ruling validates the Park
Service's definition of impairment, and the conservation mandate in its
legislation.
Judge Dale Kimball's decision upheld the closure of the road in question
(Salt Creek Road), stating that the Park Service had acted within its
administrative rights as established by Congress. The decision was
hailed by environmental groups as an important victory.
---
6. BOULDERS TO DETER OFF-ROAD VEHICLES ON POPULAR TRAIL
Hiking activists have successfully implemented a plan to place boulders
on foot trails in Washington's Silver Star Scenic Area in an attempt to
discourage off-road vehicle use.
Considered to be one of the most spectacular foot trails in southwestern
Washington, the Scenic Area offers breathtaking views of Mount Rainier,
Mount St. Helens, and Mount Hood, as well as numerous alpine meadows.
The trail was closed to off-road vehicle use in 1989. Since then, some
off-roaders have continued to ride there illegally, damaging trails and
creating noise pollution.
The new boulders are the culmination of efforts by hiking groups to
protect the area. Susan Saul, a longtime activist from Vancouver, worked with
the Washington Trails Association and the Chinook Trail Association to take
advantage of a 2002 law designed to offset loss of timber revenue to
counties bordering National Forest land. The Secure Rural Schools and
Community Self-Determination Act provides federal funding for projects
endorsed by local advisory boards and approved by the Forest Service.
The $66,000 project placed coffee-table sized boulders at the heads and
switchbacks of Silver Star trails. It remains to be seen weather the
boulders will be viewed by illegal users as a deterrent or a challenge.
---
7. MONTANA FISH AND GAME ADD WEIGHT TO 36,000 COMMENTS ON ROCKY MOUNTAIN
FRONT PLAN
Roughly 36,000 comments have been submitted to the Forest Service as
they formulate a plan for the travel management of one of the West's most
crucial and beautiful wild places.
The Montana Department of Fish, Wildlife and Parks advocated limiting
motorized use in the area, calling for the adoption of the most
protective alternative.
"Natural resource management is in the midst of a big adjustment,"
Aderhold said. "The long-standing assumption that recreation has little
environmental impact is simply wrong." He cited the effects on
wildlife including displacement, habitat fragmentation, reduced
productivity and increase mortality as reasons to limit motorized
recreation.
Aderhold's comment letter also stated that "we need to get the trail
system in line with our resources, update our management, and wait for the land
ethic to develop a little more."
The comments pertain to about 390,000 acres of Montana's Rocky Mountain
Front, in the Lewis and Clark National Forest. The majority of comments
express a desire to protect the area. For many, that means no motorized
vehicles anywhere besides the current road system.
While impressed by the gigantic response, officials aren't surprised.
The Front is very well-known, and one of the largest remaining undeveloped
tracts in the country. It is critical habitat for several threatened and
endangered species, particularly grizzly bears.
In 1998 a management plan was developed outlining 22 types of travel
restrictions. The accompanying map omitted many roads and routes, and
the plan was generally inconsistent with other National Forest policies.
Since its implementation, off-road vehicle use in the area has exploded.
In 2001, The BLM and the Forest Service issued a rule prohibiting any
cross-country travel on the lands managed by the two agencies. It
specified that areas with potential for conflict over travel management
could develop independent local plans. The Rocky Mountain District,
which the Front is part of, is one of those areas. Officials said the new plan
could be complete as early as January.
---
"Skid Marks" comes to you compliments of Wildlands CPR. We're a
non-profit conservation organization working to protect and restore wildland
ecosystems by promoting road removal, preventing new wildland road
construction, and limiting motorized recreation.
If you're not already a member, consider joining Wildlands CPR's growing
grassroots network. You'll find membership information and a wealth of
road and off-road vehicle resources at our website,
<www.wildlandscpr.org> www.wildlandscpr.org.
To view past issues of Skid Marks, visit:
<http://www.wildlandscpr.org/newsletters/Skid_Marks/index.html>
http://www.wildlandscpr.org/newsletters/Skid_Marks/index.html#archivedsk
idmarks
Please keep in touch with us about your roads and motorized recreation
work and send your e-mail action alerts to [email protected].
Questions about Skid Marks should be directed to
[email protected].
TO SUBSCRIBE: If you aren't already subscribed to Skid Marks and you
would like to be, send an e-mail to [email protected].
TO UNSUBSCRIBE: If you would like to remove yourself from our listserve,
send an e-mail to [email protected]
**********
Make you happy?
**********
SKID MARKS ISSUE #99, October 6, 2005
Skid Marks, Wildlands CPR's tri-weekly e-mail newsletter, reports on
activist efforts to challenge roads and motorized recreation nationwide. Skid Marks shares instructive and precedent-setting successes and failures in the campaign to halt motorized abuse of wildland
systems.
---
1. FATAL CRASH LEADS TO LIABILITY QUESTIONS
2. FOREST SERVICE TARGETS ILLEGAL ROUTES
3. NEW MOTORIZED RULES IN ELDORADO NATIONAL FOREST
4. UTAH BLM CLOSES ROUTES TO OFF-ROAD VEHICLES
5. COURT UPHOLDS UTAH MANAGEMENT POLICIES
6. BOULDERS TO DETER OFF-ROAD VEHICLES ON POPULAR TRAIL
7. MONTANA FISH AND GAME ADD WEIGHT TO 36,000 COMMENTS ON ROCKY MOUNTAIN
FRONT PLAN
---
1. FATAL CRASH LEADS TO LIABILITY QUESTIONS
For the first time, Utah ranchers may now be facing serious consequences
if their livestock escape and cause property damage or injury.
In December, a woman was killed on Utah's Highway 30 when her car
collided with a cow that had wandered into the road. The owner of the cow is
facing manslaughter charges.
Each year there are about 550 livestock-caused traffic accidents in
Utah, which is only a fraction of those caused by wildlife.
Because of a lack of uniform standards outlining fencing
responsibilities and liability in the state, most ranchers have been
safe from legal consequences when their animals cause harm.
However, according to attorney Daniel Dygert, the law is clear about range land next to highways:
ranchers cannot let their livestock stray onto public roads.
This ruling may have implications for ranchers who experience trespass
by off-road vehicle users who cut fences or leave gates open. J.D. Scott,
who has ranched in northern Utah near the Idaho border for 40 years, spends
10 hours each week repairing fences. He has documented that off-roaders are
the ones who trespass, leaving gates open, mowing down or cutting fences
and leaving him liable for cattle who escape.
"The horse people are usually okay because they know what it's like when
livestock get loose. They close gates."
---
2. FOREST SERVICE TARGETS ILLEGAL ROUTES
Illegal off-road vehicle routes on National Forest land have become a
growing problem, posing a serious threat to the land, wildlife, and
humans.
Although there are currently about 274,000 miles of roads and routes in
national forests across the country available to off-road vehicle users,
some users are evidently feeling the need to illegally create new routes
on their own. These routes are often dangerous for human users, and worsen
erosion and pollution problems for the area's ecosystem.
Many blame the Forest Service for not monitoring its lands to prevent
such abuse. Two such groups are the Natural Trails and Waters Coalition and
the Blue Ribbon Coalition.
Faced with a dwindling budget, the Forest Service has been forced to
greatly reduce its oversight capabilities. With fewer people and
resources, effectively protecting all 155 national forest and 20
grasslands from illegal off-road vehicle use is nearly impossible.
One area where illegal route use is an especially contentious issue is
the Mount Hood National Forest, encompassing 1 million acres about 20 miles
east of Portland, Oregon. Due to a lack of funding, all road maintenance
staff were eliminated earlier this year, and private contractors now
have that responsibility.
At least 30 miles of illegal routes have been carved in the forest's
northeast corner, which offers habitat for native trout and other
species. The Forest Service decided to close the area to off-road
vehicle users for two years, drawing fire from groups like the Blue Ribbon
Coalition.
---
3. NEW MOTORIZED RULES IN ELDORADO NATIONAL FOREST
Thanks in part to pressure from the Center for Biological Diversity and
the Center for Sierra Nevada Conservation, California's Eldorado National
Forest will restore 700 miles of unauthorized routes cut by off-road
vehicle riders. The forest continues to allow off-road vehicle use on
the 2,200 miles of officially identified roads and routes.
This change has been implemented by Forest Supervisor John Berry, acting
on an order of the Federal District Court. The order will be in effect
until an environmental impact statement is completed in late 2006, after which
a system of designated roads and routes for motorized use will be
established.
Many forest users will not be affected by the closure, since most of the
high-traffic routes are still open. However, some backcountry campers
and hunters will need to make changes in their routes to accommodate the
restrictions.
More information is available at
<www.fs.fed.us/r5/eldorado> www.fs.fed.us/r5/eldorado.
---
4. UTAH BLM CLOSES ROUTES TO OFF-ROAD VEHICLES
The Bureau of Land Management has issued the latest in a series of
closures to address the worsening problem of unauthorized off-road vehicle use on
the state's public lands.
The Hog Canyon and Trail Canyon areas north of Kanab are now closed to
motorized use. BLM officials said the restrictions were necessary to
prevent continued damage to soil, vegetation, and cultural resources. A
seasonal closure of part of Hog Canyon has also been implemented to
protect nesting raptors.
The Southern Utah Wilderness Alliance (SUWA) was very active in the
closure process, and had pushed for a complete closure of the entire Hog Canyon
area. Due to its popularity and proximity to Kanab, the BLM decided to
leave a few off-road vehicle routes open.
Off-road vehicle advocacy groups are protesting the closures, and are
particularly frustrated because it was motorized users that alerted
authorities to trail damage in the first place. The BLM is facing legal
challenges from off-road vehicle groups over previous closures in Utah.
---
5. COURT UPHOLDS UTAH MANAGEMENT POLICIES
A Utah District Court has ruled in favor of a National Park Service
regulation closing a streambed in Canyonlands National Park to motorized
use. This is the end of a prostrated legal battle, involving groups such
as the Southern Utah Wilderness Alliance and the Utah Shared Access
Alliance.
The Park Service found that such use would impair park resources, and
closed the route under the jurisdiction of the Impairment Standard in
the 2001 Management Policies and the Organic Act, whose overriding purpose
is to preserve nature as it exists. This ruling validates the Park
Service's definition of impairment, and the conservation mandate in its
legislation.
Judge Dale Kimball's decision upheld the closure of the road in question
(Salt Creek Road), stating that the Park Service had acted within its
administrative rights as established by Congress. The decision was
hailed by environmental groups as an important victory.
---
6. BOULDERS TO DETER OFF-ROAD VEHICLES ON POPULAR TRAIL
Hiking activists have successfully implemented a plan to place boulders
on foot trails in Washington's Silver Star Scenic Area in an attempt to
discourage off-road vehicle use.
Considered to be one of the most spectacular foot trails in southwestern
Washington, the Scenic Area offers breathtaking views of Mount Rainier,
Mount St. Helens, and Mount Hood, as well as numerous alpine meadows.
The trail was closed to off-road vehicle use in 1989. Since then, some
off-roaders have continued to ride there illegally, damaging trails and
creating noise pollution.
The new boulders are the culmination of efforts by hiking groups to
protect the area. Susan Saul, a longtime activist from Vancouver, worked with
the Washington Trails Association and the Chinook Trail Association to take
advantage of a 2002 law designed to offset loss of timber revenue to
counties bordering National Forest land. The Secure Rural Schools and
Community Self-Determination Act provides federal funding for projects
endorsed by local advisory boards and approved by the Forest Service.
The $66,000 project placed coffee-table sized boulders at the heads and
switchbacks of Silver Star trails. It remains to be seen weather the
boulders will be viewed by illegal users as a deterrent or a challenge.
---
7. MONTANA FISH AND GAME ADD WEIGHT TO 36,000 COMMENTS ON ROCKY MOUNTAIN
FRONT PLAN
Roughly 36,000 comments have been submitted to the Forest Service as
they formulate a plan for the travel management of one of the West's most
crucial and beautiful wild places.
The Montana Department of Fish, Wildlife and Parks advocated limiting
motorized use in the area, calling for the adoption of the most
protective alternative.
"Natural resource management is in the midst of a big adjustment,"
Aderhold said. "The long-standing assumption that recreation has little
environmental impact is simply wrong." He cited the effects on
wildlife including displacement, habitat fragmentation, reduced
productivity and increase mortality as reasons to limit motorized
recreation.
Aderhold's comment letter also stated that "we need to get the trail
system in line with our resources, update our management, and wait for the land
ethic to develop a little more."
The comments pertain to about 390,000 acres of Montana's Rocky Mountain
Front, in the Lewis and Clark National Forest. The majority of comments
express a desire to protect the area. For many, that means no motorized
vehicles anywhere besides the current road system.
While impressed by the gigantic response, officials aren't surprised.
The Front is very well-known, and one of the largest remaining undeveloped
tracts in the country. It is critical habitat for several threatened and
endangered species, particularly grizzly bears.
In 1998 a management plan was developed outlining 22 types of travel
restrictions. The accompanying map omitted many roads and routes, and
the plan was generally inconsistent with other National Forest policies.
Since its implementation, off-road vehicle use in the area has exploded.
In 2001, The BLM and the Forest Service issued a rule prohibiting any
cross-country travel on the lands managed by the two agencies. It
specified that areas with potential for conflict over travel management
could develop independent local plans. The Rocky Mountain District,
which the Front is part of, is one of those areas. Officials said the new plan
could be complete as early as January.
---
"Skid Marks" comes to you compliments of Wildlands CPR. We're a
non-profit conservation organization working to protect and restore wildland
ecosystems by promoting road removal, preventing new wildland road
construction, and limiting motorized recreation.
If you're not already a member, consider joining Wildlands CPR's growing
grassroots network. You'll find membership information and a wealth of
road and off-road vehicle resources at our website,
<www.wildlandscpr.org> www.wildlandscpr.org.
To view past issues of Skid Marks, visit:
<http://www.wildlandscpr.org/newsletters/Skid_Marks/index.html>
http://www.wildlandscpr.org/newsletters/Skid_Marks/index.html#archivedsk
idmarks
Please keep in touch with us about your roads and motorized recreation
work and send your e-mail action alerts to [email protected].
Questions about Skid Marks should be directed to
[email protected].
TO SUBSCRIBE: If you aren't already subscribed to Skid Marks and you
would like to be, send an e-mail to [email protected].
TO UNSUBSCRIBE: If you would like to remove yourself from our listserve,
send an e-mail to [email protected]
**********
Make you happy?
