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Natural
Trails & Waters Coaliton Press Release
June 11 , 2002
POLITICS
THREATEN BALANCE IN BIG CYPRESS
List of Committee Nominees
Does Not Comply with Federal Advisory Committee Act
Contact:
Amy Atwood, Attorney, 202-588-5206
Mary Munsen, NPCA, 954-649-6327
Kristen Brengel, NTWC, 202-429-2694
Washington DC - Today, eleven organizations who support the National
Park Service's Off-Road Vehicle Management Plan for Big Cypress
called on Park Service Director Fran Mainella to restore balance
to an advisory committee that will help implement the plan. In a
letter sent to Mainella, Gale Norton, Secretary of the Department
of the Interior, and Jerry Belson NPS Regional Director for the
Southeast Region, these organizations expressed concern that the
current slate of nominees are hostile toward balanced off-road vehicle
management.
"[I]f chartered with the membership now under consideration,"
wrote Attorney Amy Atwood of Meyer & Glitzenstein on behalf
of the groups, the advisory committee for the Big Cypress Off-road
Vehicle Management Plan "will be in violation of key provisions
of the Federal Advisory Committee Act," including provisions
requiring advisory committees to be fairly balanced and free from
undue influence from special interests.
The National Park Service Off-Road Vehicle Management Plan for
Big Cypress National Preserve was developed to mitigate uncontrolled
swamp buggy and other off-road vehicle use which has left the Preserve
scarred with over 23,000 miles of highly destructive routes. The
Management Plan will institute a 400-mile designated route system
that minimizes impacts to the natural habitat of the Preserve. The
Advisory Committee will assist the Park Service in developing the
route system, among other things.
Thus, the committee "will have extremely important advisory
functions," wrote Atwood on behalf of the groups.
The Federal Advisory Committee Act (FACA) requires that the composition
of this committee be "fairly balanced in terms of points of
view represented and the functions to be performed" and developed
without undue influence from "any special interest."
However, as documents recently obtained under the Freedom of Information
Act (FOIA) show, a list of committee nominees originally submitted
to National Park Service Director Mainella was changed to be overloaded
with interests who support damaging off-road vehicle abuse.
"Advisory Committees, by law, are required to be 'fairly balanced
in terms of the points of view represented,'" stated Mary Munsen
of the National Parks Conservation Association and a recommended
member of the Advisory Committee. "Unfortunately, politics
has intervened to knock out nominees who support long term protection
for the Preserve."
Earlier this year, Big Cypress Superintendent John Donahue assembled
a balanced list of nominees, including representatives of the conservation
and off-road vehicle communities. However, documents obtained under
the FOIA show how a former Big Cypress Superintendent and representative
of the Florida Wildlife Federation worked together to replace at
least half of Superintendent Donahue's nominations with individuals
and groups who are hostile to the Management Plan. In addition,
the former Superintendent and Florida Wildlife Federation representative
removed conservationists from Donahue's original list of nominees
who support the off-road vehicle management plan - including Brian
Scherf of the Florida Biodiversity Project, a nationally-recognized
expert on Big Cypress.
If approved by Director Mainella, these recommended committee members
- who have a proven track record opposing protection for Big Cypress
- would jeopardize the intent of the Management Plan to protect
the natural resources consistent with all legal mandates.
"Big Cypress deserves protection," said Kristen Brengel
of the Natural Trails and Waters Coalition. "This obvious lack
of balance in the committee will hurt the efforts to truly manage
swamp buggies and other off-road vehicles."
The letter was sent by the public-interest law firm of Meyer &
Glitzenstein on behalf of Florida Biodiversity Project, Biodiversity
Legal Foundation, Bluewater Network, Defenders of Wildlife, Fund
for Animals, Humane Society of the United States, National Parks
Conservation Association, Natural Trails and Waters Coalition, The
Wilderness Society, Wildlife Advocacy Project and Wildlands CPR.
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