Lawsuits Loom On Forest Trail Plan

Rusty Garrett

A long-anticipated decision regulating the use of roads and off-road trails in the Ouachita National Forest has been released, with implementation tentatively scheduled for this spring.

However, a number of outdoor recreation enthusiasts and those who cater to them say they will likely appeal the plan, which they say is overly restrictive.

The Travel Management Rule, ordered by the National Forest Service in 2005, called for designation of a travel system for motorized vehicles, including off-highway vehicles, in all national forests.

A news release announcing the decision says the biggest change in the Ouachita National Forest will be elimination of most cross-country travel, either on user-created trails or just riding through the forest on an OHV. Instead, travel that is currently allowed anywhere on the forest floor will be limited to a designated system of trails.

Residents of the Mena area are particularly concerned about the restrictions proposed for a popular area, the Wolf Pen Gap Trail System, in Polk County.

According to the plan, 31 miles of loop trails will be designated in the area as open routes on weekends and holidays between May 15 and Sept. 15. At all other times, the trails will be closed to OHV use.

The plan also proposes limiting total OHV traffic to 5,000 OHVs during the four-month season. Trail counters and visual observation will be used to track this number.

Roads and trails will be inspected by biologists or hydrologists following any rain of more than one-half inch during a 24-hour period, or one-quarter inch in one hour. They cannot be reopened for OHV use “until conditions allow minimization of adverse effects from sedimentation.”

“The change is due to adverse effects on water quality through sedimentation linked in part to current OHV use in the area,” according to the press release.

A document accompanying the plan says the sedimentation can threaten downstream aquatic life, including populations of threatened species like the Arkansas Farmucket mussel and the Leopard darter.

The plan still allows camping in designated campgrounds of the National Forest. However, vehicles may not be driven to some sites.

Also allowed is the option for large game hunters to retrieve legally downed game within game retrieval corridors that cover up to one-half mile on either side of some designated routes. Some roads will also be seasonally opened during October, November and December when the majority of big game hunts occur in Arkansas and Oklahoma.

Forest Supervisor Norm Wagoner said the new designation will improve water quality and reduce natural resource damage, but will still allow riders to enjoy the trail system and the natural resources that attracted so many people to the forest in the first place.

The Forest Service press release says more information on the program, including maps detailing the plan, are available on the Internet at aokforests.com.

National Forest spokeswoman C.J. Norvell said the proposed plan will not take effect for some time. She said law allows a 45-day appeal period after publication of the decision, which is scheduled this week. If appeals are filed, another 45 days is set for resolution of issues. A 15-day period is then set once appeals are settled.

When the changes take effect, local Ranger District offices will have copies of a Motor Vehicle Use Map spelling out the routes.

Polk County Judge Ray Stanley said he believed appeals — and even lawsuits — are likely over the plan. He said the restrictions “are going to close the door” on a number of Mena area businesses that cater to and rely on the business of tourists who come to the area for the National Forest and its trails.

“They’re telling us, "this is your forest, but you can’t use it,’” he said. “I don’t think things are bad enough that we need to close it.”

The release of the plan caught the attention of Rep. Mike Ross, D-Prescott. His office released a statement that said in part, “People should not be prohibited from riding ATVs in a responsible manner in national forests. Also, many local communities have developed tourism economies around trail riding and, given our current economic climate, this is not the time to threaten even more jobs.”

Jeff Cunningham, owner of Wolfpen ATV Campground and Cabins, said the proposed plan “is a lot worse than we expected.”

Cunningham said he was disappointed the Forest Service did not offer those interested the opportunity to address and correct the problems with Wolf Pen Gap. “They haven’t left us much choice” other than legal action, he said.

--

Source: http://www.swtimes.com/articles/2010/01/07/news/news010709_06.prt

---

Add this page to your favorite Social Bookmarking websites