Issue 104 - May 08, 2006
1. PROPOSED OFF-ROAD USE ALONG ALASKA’S DALTON HIGHWAY STRUCK DOWN
2. PLAN TO REOPEN FLORIDA FOREST TO OFF-ROAD VEHICLES REJECTED
3. DISPUTE CONTINUES OVER ROAD CLAIMS IN NEVADA
4. NEW OFF-ROAD VEHICLE REGULATIONS IN NOVA SCOTIA
5. SCOTTISH PROGRAM LAUNCHED TO PROTECT DUNES FROM OFF-ROAD VEHICLES
6. SAN BERNARDINO COUNTY RESTRICTS OFF-ROAD VEHICLE USE
7. 25 BIGHORN SHEEP KILLED ON MONTANA HIGHWAY
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1. PROPOSED OFF-ROAD USE ALONG ALASKA’S DALTON HIGHWAY STRUCK DOWN
A bill that would have opened the land along Alaska’s Dalton Highway to off-road vehicle use died in the Alaska Legislature May 2nd. Members of the House Transportation Committee failed to move the bill out of committee on a 3-2 vote. The bill, sponsored by Rep. Ralph Seekins (R-Fairbanks), would have seasonally allowed off-road vehicles and snowmachines in the area. The proposal generated firm opposition among a broad swath of Alaska interests. Among the critics were the Northern Alaska Environmental Center, the North Slope Borough and the Alaska Trucking Association. There was great concern that motorized use in the area would have negative effects on wildlife, and could create dangerous conditions for truckers using the road.
Part of the land in question is owned by the North Slope Borough, whose spokesman, David Harding said, “(Opening access) will go directly against a memorandum of understanding between (former) Gov. Hammond and former North Slope Borough Mayor Eben Hopson signed in 1980.”
Similar proposals have been submitted in Alaska several times before, without success. The proposal’s sponsor vowed to resurrect the bill next year.
"This isn’t over. It’s just another round," Seekins said. "We’re going to keep trying until all Alaska is available to all Alaskans." A representative that voted against the bill pointed out that people are
already allowed to walk, ski or use dogpower to access the area. "It’s currently accessible to all Alaskans, just not with ATVs and off-road vehicles," said Rep. Mary Kapsner, D-Bethel.
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2. PLAN TO REOPEN FLORIDA FOREST TO OFF-ROAD VEHICLES REJECTED
A plan submitted by Florida’s Southwest Division of Forestry to again allow off-road vehicle use in Southern Golden Gate Estates has been rejected by the U.S. Army Corps of Engineers. The plan also generated criticism from the U. S. Fish and Wildlife Service.
The 55,000-acre Estates area, located in southern Florida, is part of the Comprehensive Everglades Restoration Plan intended to mitigate some of the damage inflicted to the Everglades for decades. The project is overseen by the Army Corps of Engineers. The rejected plan called for the opening of at least 12 miles of trails to off-road recreation, which the Corps of Engineers deemed inconsistent with its stated goal of restoring a semblance of ecological health to the area. Other proposals such as a shooting range and cattle grazing were similarly rejected.
The sensitive area has been closed to off-road vehicle use for some time, but was in the past a haven for off-road motorists and gun enthusiasts. The submission of a subsequent compromise plan is expected.
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3. DISPUTE CONTINUES OVER ROAD CLAIMS IN NEVADA
A federal ruling expected this summer on a Nevada road claim case could set an important precedent in the settlement of hundreds of similar disputes across the West.
Elko County claims ownership of the South Canyon Road based on R.S. 2477, an obscure civil war-era statute that granted counties the right to construct roads across federal lands not reserved for other uses. The road is located within the reserved Humboldt-Toyiabe National Forest. The county contends that prospectors, sheep herders and American Indians used the road near the Idaho line years before the national forest was created, which would give the county a right of way under R.S. 2477. The Forest Service disagrees, and cites historic maps, survey records, newspaper clippings and personal accounts written nearly a century ago that suggest no real road existed before June 1909.
The contentious issue in Elko County is whether the county should be granted a right of way along the road. The area is home to the southernmost bull trout population in the country, a fish protected under
the Endangered Species Act. The road is a source of eroding sediment, which impacts the bull trout in the Jarbidge River.
The dispute dates to 1995 when a flood washed out a section of the South Canyon Road that leads from the town of Jarbidge to federally protected wilderness in the Humboldt-Toiyabe National Forest. The Forest Service effectively closed the road after the county illegally reconstructed it in 1998. The river’s population of bull trout was declared threatened in 1999. In 2003, the Forest Service and the county agreed that the agency would not challenge the county’s road claim if the county sought agency approval for any road improvements to its plans, such as amplified motorized access. In 2005, the Forest Service officially re-opened all but the last 4/10ths of a mile of the road. Environmental groups, including The Wilderness Society and Great Old Broads for Wilderness won a temporary injunction against the settlement, arguing that the Forest Service broke a number of environmental laws when it gave away its authority over the land. Now, the county and the Forest Service would like to see their agreement re-instated. A U.S. District judge in Reno is expected to issue a final decision this summer.
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4. NEW OFF-ROAD VEHICLE REGULATIONS IN NOVA SCOTIA
The Canadian province of Nova Scotia has implemented new off-road vehicle rules, including more stringent fines and training requirements as a result of changes to the Off-highway Vehicles Act. The regulations are an attempt to make off-road vehicle recreation safer, particularly for children.
Off-road vehicle riders have between six months and six years, depending on age, to obtain new safety certifications. Children under 14 and their accompanying parents must complete classes by October 1, 2007. Children are only permitted to ride on a closed course, must wear protective equipment, and must be under the direct supervision of a parent of guardian. They must also have a medical first responder and an adult with off-road vehicle training present, and the size of the vehicle used must be recommended by the manufacturer.
Fines for off-road vehicle malfeasance have increased, and are now between $250 and $2000. Riders must pay to register their vehicles, and pay for the mandatory safety courses. There will also be various user fees associated with off-road vehicle recreation in Nova Scotia.
Natural Resources Minister Brooke Taylor said, “The days are gone when a parent can buy a high-powered ATV and simply hand over the keys to children. Riding is a privilege; with it comes responsibility.”
The new regulations have been criticized by some officials, who feel the changes are not significant enough to impact the problem. Concerns have also been raised about the capacity of the province to enforce the rules, with only 12 officers policing off-road vehicle use in a large province containing vast tracts of wilderness.
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5. SCOTTISH PROGRAM LAUNCHED TO PROTECT DUNES FROM OFF-ROAD VEHICLES
A group of government agencies and community groups in northeastern Scotland have joined forces to launch a new program, Operation Dune Watch, aimed at protecting sensitive coastal dune habitat from accelerating damage inflicted by off-road vehicles.
Significant ecological harm and erosion have been found along local coasts, a consequence of the significant increase in off-road vehicle use in the country. Some Off-road motorists are driving on private coastal property, without consent of the landowner. Area police are receiving more and more complaints of unauthorized, dangerous off-road vehicle use.
Many of the vulnerable Scottish dune areas are under legal protection from motorized recreation, but until now, the rules have been largely un-enforced. During Operation Dune Watch, off-road drivers committing offenses could find their vehicles seized, face arrest, or be judged in a criminal court.
Groups involved with the project include the North Aberdeenshire police, the Aberdeenshire Council, and Scottish Natural Heritage. Also participating is the Buchan Off-road Motorcycle Club, which seeks to
establish a designated, regulated facility where off-road driving could occur with less damage to the land.
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6. SAN BERNARDINO COUNTY RESTRICTS OFF-ROAD VEHICLE USE
San Bernardino County supervisors have voted unanimously to enact new restrictions on off-road vehicle recreation, which has become an increasing problem in the area.
The new regulations require off-road vehicle drivers to obtain written permission from property owners before using their land, and a temporary event permit is needed for groups of ten riders or more. Off-road vehicles must also comply with state noise pollution standards. New fines range from $200 for a first offense to $500 for a third offense within three years. A fourth offense in three years would be considered a misdemeanor punishable by 90 days in jail, a $1,000 fine, or both.
Nearby Riverside County also has new off-road vehicle regulations, which make off-road use illegal on private property in unincorporated areas except between noon and 5 p.m.
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7. 25 BIGHORN SHEEP KILLED ON MONTANA HIGHWAY
At least 25 Bighorn sheep have been killed since January in a construction zone on Montana’s Highway 200. This is more than twice the average number of sheep killed by vehicles in an entire year, according to state wildlife officials, and does not include sheep fatally injured by vehicles that were able to walk away from the road.
In early spring, female sheep from the Thompson Falls herd and their young gather near the highway to eat the new vegetation that emerges along roads. Officials attribute the unusual number of deaths to the extended construction zone, which has reduced opportunities for wildlife to safely cross the highway due to lengthy traffic jams and frustrated, speeding drivers.
Bruce Sterling, a biologist with Montana Fish, Wildlife, and Parks said, “The population is strong enough so that it can withstand it, but if we were to continue to lose that many that would reduce reproduction and recruitment.”