August 12, 2003

In this Issue:

Magistrate Judge Upholds Big Cypress Off-road Vehicle Management Plan
Draft Yellowstone Snowmobile Rule Could be Issued this Week

Magistrate Judge Upholds Big Cypress Off-road Vehicle Management Plan - On August 1, a federal Magistrate Judge in Florida recommended that the U.S. District Court uphold a plan developed by the National Park Service (NPS) to better manage the use of swamp buggies and other off-road vehicles in Big Cypress National Preserve. This recommendation responds to a lawsuit by off-road vehicle users. The District Court in Fort Myers must still approve this recommendation before it can become final.

In September 2000, the National Park Service issued a final plan - entitled Final Recreational Off-Road Vehicle Management Plan -- to manage off-road vehicle use in the 730,000 acre Preserve. The off-road vehicle community challenged this plan on several grounds alleging that it violates the National Environmental Policy Act (NEPA), Big Cypress National Preserve Act and other federal laws, illegally limits hunting, trapping and frogging, and fails to adequately incorporate public comment.

The Magistrate determined that each of these allegations is without merit. First and foremost, he made clear that when Congress created the Preserve in 1974 it specifically authorized the Service to regulate and control "all-terrain vehicle" use, including by limiting vehicles to designated roads and trails. He concluded that the Service complied with NEPA and other applicable federal laws. He found that the final plan "does not violate the Big Cypress National Preserve Act by restricting hunting, frogging or general access to Big Cypress." The recommendation states that allegations concerning hunting "are also misplaced because the [final plan] does not significantly change where and when people may hunt, fish, trap or frog, but how and where they may use motorized vehicles." The Magistrate concludes that the Service utilized sound science in developing the plan and the final plan differs from a draft plan "largely due to public comment."

In conclusion, the Magistrate states: "The Final ORV Plan implements the management philosophy for ORVs that was identified by Congress when it created the Big Cypress [National Preserve]. The Plan reasonably balances NPS's desire to permit ORV users access to most of the Big Cypress [National Preserve] while minimizing the impacts of ORVs on natural resources, including several threatened or endangered species."

Although this recommendation must be formally approved by the District Court, it represents a strong endorsement of common sense management of off-road vehicles on public lands. It makes clear the use of dirt bikes, ATVs, snowmobiles and other off-road vehicles is not guaranteed on all public lands, but is an activity that federal agencies can permit with certain limits and controls.

Draft Yellowstone Snowmobile Rule Could be Issued this Week - As President Bush begins several trips throughout the western United States showcasing his record on the environment, his Department of Interior this week could publish a proposed rule expanding snowmobile use in Yellowstone National Park. This proposal flows from a settlement between the Administration and the International Snowmobile Manufacturers Association (ISMA) that effectively overturned a final National Park Service rule that would phase-out snowmobile use and guarantee winter access to the Park via snowcoaches. The Park Service and the U.S. Environmental Protection Agency (EPA) have repeatedly concluded that phasing out snowmobiles is the best way to protect America's first National Park for the future.

A public comment period will follow publication of the proposal in the Federal Register. The Department's goal is to have a final rule in place by mid-December - the traditional start of Yellowstone's snowmobile season.

Contact:
Scott Kovarovics, Director
Natural Trails and Waters Coalition
(202) 429-2696
scott_kovarovics@tws.org

The Natural Trails and Waters Coalition includes conservation, recreation and other groups working to protect and restore all public lands and waters from the severe damage caused by snowmobiles, all-terrain vehicles, dirt bikes, jet skis and all other off-road vehicles.