Breaking News On Closure 7:30 pm 11/30/2000
DATE: 11/30/00 7:30 PM
RE: Copy of: 1998 BLM Study Says Desert Plant is OK with OHV
Use
*This reporter had the courage to do some digging and
he found out that the1998 BLM Study (see w-address for study at end
of article) showed that OHVs and some desert plants can get along
together. Quotes from BRC -"we thought that plants and OHVs can
exist together" to Greens - "not so sure about that"
http://elcentro.townnews.com/archives/index.inn?loc=detail&doc=/2000/November/28-214-news04.txt
November 28, 2000
Study: Plant numbers increase despite off-road use
IMPERIAL VALLEY PRESS
By RUDY YNIGUEZ, Staff Writer
ALGODONES SAND DUNES
- A 1998 monitoring study of six special status plantsin the
Algodones San Dunes shows plant numbers have increased in areas
open to off-highway vehicles while in some instances the numbers
decreased in closed areas, when compared to a study done in
1977.
The study also found that OHV use does not encroach
"at least very intensively" on the habitat of the plants in
question. The monitoring study was conducted by the U.S. Bureau of
Land Management. It received mixed reactions from environmentalists
and off-road enthusiasts.
BLM declined to comment.
Daniel Patterson, desert biologist for the
Tucson-based Center for Biological Diversity, said he has high
confidence in the 1998 study data but little confidence in the 1977
study data. He said it would be "scientifically irresponsible" to
draw any conclusions from the just-released report.
"It's very incomplete data and you cannot draw any
conclusions," he said.
Patterson said there are a number of problems in
comparing the data, including that plants in 1977 were identified
and counted from aircraft, that in 1977 the area had less rainfall
than in 1998 and that comparing two years of data is insufficient
to reach any conclusions.
"There's definitely more work to be done," he
said.
Patterson also emphasized that the recent closure of
48,000 acres of sand dunes to off-highway vehicle use was the
result of a negotiation process that included environmentalists,
BLM and numerous OHV groups, including their attorneys.
Meanwhile, Don Amador, western representative for the
Blue Ribbon Coalition, an umbrella organization for more than 900
groups with about 600,000 members nationwide, said the report is
interesting because he thinks OHV use actually benefits plants
through ground disturbance, and that such an argument was made
before the federal district court judge during settlement
negotiations.
The sand dunes closures resulted from the agreement
between BLM and several environmental groups that filed a lawsuit
against BLM alleging it failed to consult with the U.S. Fish &
Wildlife Service regarding potential impacts to endangered species
from off-highway vehicle use in the sand dunes. A decision to not
litigate the issue by BLM led to the settlement.
Amador said with the monitoring study out he expects
much of the closed areas to be reopened after the BLM/Fish &
Wildlife consultation is complete.
Amador said the 1980 California Desert Conservation
Area plan included a "recreation mitigation bank," meaning an area
in the sand dunes for OHV recreation that includes the now-closed
areas.
"That's why a lot of people are frustrated," he
said.
The monitoring study was initiated to better
understand the effects of management, particularly OHV use, of the
dunes, which has remained relatively unchanged since 1977,
according to information provided by BLM.
The monitoring study points out, however, that it
"should not be interpreted to mean that OHV use is somehow 'good'
for the six species studied."
Nevertheless, the study found from 1977 to 1998, the
six plant species increased in the sand dunes overall, increased in
the open areas and increased in the closed areas, except in certain
instances when the numbers of some plants actually decreased in
closed areas.
The species studied were Borrego milk-vetch,
Astragalus lentiginosus var. borreganus; Peirson's milk-vetch,
Astragalus magdalenae var. peirsonii; Wiggins' croton, Croton
wigginsii; Algodones Dunes sunflower, Helianthus niveus ssp.
tephrodes; the giant Spanish-needle, Palafoxia arida var. gigantea;
and sand food, Pholisma sonorae.
Not only did the monitoring study find that overall
numbers increased, but the plants were found over a wider area.
Similar to the 1977 study, the 1998 study was done by
dividing the area into 34 randomly selected transects. The
transects were then surveyed by teams of two observers. Each
transect consisted of contiguous cells of 0.45 miles on a side. For
each cell, observers placed each of the six species into one of
five abundance classes, from zero, for not present, to four, for
abundant, the study says.
"Although there are some limitations inherent in the
data collected both in this and in the (1977) study, the 1998 data
indicate that all six special status plants are at least as
abundant and widespread in the entire dune system as they were in
1977," the study's executive summary states.
"Further, their distribution and abundance in the OHV
open area appear to be at least as great as was the case in 1977,
with the possible exception of sand food, which may have declined
somewhat."
The report speculates the decrease in sand food might
be due to the time of year in which it was counted.
"Although all six species appear to be at least as
widespread and abundant in the entire open area in 1998 as they
were in 1977, this likely results from the fact that OHV use in the
open area does not encroach - at least very intensively - on much
of the habitat of the plants in relatively large portions of the
open area away from OHV staging areas," the report continues. "This
trend would be expected to continue only if current OHV use
patterns in the dunes remain relatively unchanged."
The study not only found that the plants increased in
numbers in the same areas monitored in 1977, but that plants also
were found in numerous areas where they had not been previously
sighted.
In particular, Peirson's milk-vetch - the plant at
the root of the recent closure of 48,000 acres of dunes - was found
in 32 additional cells in 1998 than in 1977 throughout the dunes.
Of those 32, 29 were in open-area cells and three were in
closed-area cells. The reports says the Peirson's milk-vetch
"showed decreases" in closed areas, while five of the six plant
species increased in abundance in the open areas. The sand food did
not.
The 1998 study tested the hypothesis "that there was
no change in the abundance of the six species as determined in 1977
... and in 1998 from the current study in the dunes as a whole, in
the closed area and in the open area," the report states.
The monitoring study can be found online at:
www.ca.blm.gov/elcentro/algdunesmonitorstudy.html.
Breaking News Flash On Closure 3:16 pm 11/01/2000
From: Donald C. Amador, 112531,1311
TO: "Amador", INTERNET:brdon_a@sharetrails.org
DATE: 10/31/00 3:16 PM
RE: Copy of: News Release-Off-Roaders Reach
Compromise with Green Attorneys in Desert Lawsuit
BLUE RIBBON COALITION, INC.
NEWS RELEASE
FOR IMMEDIATE RELEASE:
OFF-ROADERS REACH COMPROMISE WITH GREEN ATTORNEYS IN SO CAL DESERT
LAWSUIT
POCATELLO, IDAHO-
In a hard-fought compromise between environmentalists and motorized
recreationists finalized on October 31, 2000, an initial
stipulation restricting off-highway vehicle (OHV) use in the
Imperial Sand Dunes Recreation Area (ISDRA) was modified to allow
additional OHV recreational opportunities.
The agreement was completed as part of a lawsuit
filed in U.S. District Court for the Northern District of
California by the Center for Biological Diversity and other
organizations against the Bureau of Land Management, contending
that the Bureau had failed to comply with the Endangered Species
Act in managing the California Desert Conservation Area. The
agreement was signed by these two parties, as well as a coalition
of recreational organizations, including the High Desert Multiple
Use Coalition, Desert Vipers, San Diego Off-Road Coalition,
California Association of 4 Wheel Drive Clubs and the BlueRibbon
Coalition. These recreational groups successfully intervened in the
action in August and participated in final discussions on October
30 and 31 in a settlement conference conducted by U.S. Magistrate
Judge Joseph Spero. Of primary concern was ISDRA management for
Peirson's milkvetch, a plant that was listed as threatened under
the Endangered Species Act in 1998.
The new agreement should govern OHV issues in the
ISDRA while the Bureau obtains a biological opinion from the U.S.
Fish and Wildlife Service regarding potential impacts of the CDCA
management plan upon species like Peirson's milkvetch.
The agreement follows a week of legal maneuvering by
all parties. An initial settlement conference occurred on September
18, 2000, which included discussions focusing on possible immediate
OHV closures in the ISDRA. While the recreational groups
participated in the settlement conference they did not sign a
stipulation which was filed by the Center and the Bureau on October
20, 2000, proposing immediate closure of more than 50% of the ISDRA
previously open to OHV travel. On Monday, October 23, 2000, the
recreational groups filed a motion before District Court Judge
William Alsup asking him to postpone implementation of the
agreement in order to hear their objections. In response, the
Center moved the next day for a temporary restraining order, asking
the Court to immediately approve the stipulation to close about
48,000 acres of the ISDRA. A hearing was conducted on the motions
by telephone on October 26, 2000, and the Court denied the Center's
motion, declined to order immediate closure and established a
schedule for presentation of legal memoranda and argument to
consider objections to the initial closure agreement.
As a result of these rulings, a previously-scheduled
settlement conference on October 30, 2000, took on new
significance. In discussions which lasted nearly two days the
parties achieved their final agreement which modified the original
proposal to open areas within the original proposed closure while
creating smaller closures around known plant populations outside
the original proposal.
Paul Turcke, a Boise, Idaho, lawyer representing the
recreational groups, stated "We don't like having to agree to any
closures, because we feel the best available information shows that
OHV enthusiasts and the Peirson's milkvetch have successfully
shared the Dunes for decades. We took maximum advantage of laws
which allowed us to enter this litigation, but must recognize
federal courts conduct very limited review of proposed
settlements."
"We concluded we would accomplish more actively
negotiating instead of standing on the outside and looking in on
the other parties' agreement. We believe the new agreement is far
better for OHV users and Peirson's milkvetch as a result," Turcke
concludes.
OHV enthusiasts agreed. "A portion of the Dunes will
be temporarily closed, but the new agreement allows important
riding opportunities to remain available in desirable areas," said
Jeri Ferguson, the southern representative of the California 4
Wheel Drive Association.
Jim McGarvie, a spokesman for the San Diego Off-Road
Coalition, noted, "We agreed to closure of the areas containing the
largest plant populations, which were - ironically - outside the
original closure agreement. The first agreement was a poor fit
between needs of recreationists and the plant. We will continue
responsible use of the Dunes and look forward to a biological
opinion which will allow even greater recreational opportunities
for Dunes visitors."
Don Amador, the western representative for the Blue
Ribbon Coalition, says, "I'm glad that we were able to reach a
compromise on this lawsuit because many families look forward to
enjoying the sand dunes during the Thanksgiving and Christmas
holiday season. It had appeared to many of us that this lawsuit
would turn out to be the 'Green-grinch' who stole Christmas."
The agreement will take effect as soon as it is
authorized by the Court. On the ground signing of the closed areas
will take place by November 22, 2000, after representatives of all
parties confirm locations of actual plant populations and help
distribute information regarding the agreement to the public.
# # #
The Blue Ribbon Coalition is a national recreation
groups that champions responsible multiple-use of public lands. It
represents over 750 organizations and businesses with 600,000
members.
