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Crowdog
04-23-2002, 10:05 PM
Dunes battle is far from over
BY LUKE TURF
Apr 23, 2002



The environmentalists whose lawsuit helped close part of the Imperial Sand Dunes to off-road use may seek a court-ordered closure of the entire area if the closed areas are reopened.

The latest chapter in a battle between off-roaders and conservationists will be written by the mediator, the Bureau of Land Management when the bureau implements a new plan regulating usage of the dunes. But all three parties acknowledge the debate is far from over.

In a letter sent to several Yuma officials, Daniel Patterson, desert ecologist from the Center for Biological Diversity, wrote, "if the BLM draft goes through to re-open all the currently protected areas, we may have no other legal options but to move for complete dunes closure, which is not what we want to do."

The bureau temporarily closed 49,000 acres of dunes to off-roaders in November 2000, in response to a lawsuit filed by the center and other groups. The lawsuit alleged federal agencies (one of which was the bureau) weren't doing enough to protect threatened and endangered species. As part of a settlement, the bureau instituted the temporary closures until it could create a new management plan of the area.

Patterson has said he doesn't want to see the entire dunes closed to off-roaders. Nonetheless, Patterson maintains he has enough evidence to convince a judge that all of the dunes need to be closed to off-roaders to protect the Pierson's milk-vetch, which is listed as a threatened species under the Endangered Species Act.

The bureau is holding a meeting from 7 to 10 tonight at the Yuma Civic and Convention Center, 1440 W. Desert Hills Drive, to hear public comment about the Recreation Area Management Plan. The plan, which took 2 years to make, is designed to be a resolution of the battle between duners and conservation groups.

This is the fifth of six meetings in Arizona and California to deal with the heated debate in the dunes. The public is encouraged to attend the meeting, which is being held to gather public opinions before the bureau decides what to do with the dunes.

And duners are answering the call.

Mike Reilly, a Yuman duner recently took out an ad in The Sun, challenging duners to attend the meeting. The ad uses sarcasm to encourage duners to get out and speak their mind.

"Please don't come," the ad states. "Your lack of interest in outdoor recreation areas and your city's economy will continue to make it easy for them to close all of our public lands."

Reilly said lifting the temporary closures to off-roaders permanently is worth the risk of Patterson and the center filing a suit to close all the dunes.

Perhaps the main reason a meeting is being held in Yuma is the economy — which is also why Patterson sent the letter.

Several off-road businesses depend on the dunes for survival, and the bureau estimates the economic benefit of the dunes in Yuma is $13 million, including gas, restaurants and groceries. The bureau used an economic research group from California State University, Chico.

But Patterson said conserving half of the dunes for non-motorized recreation like hiking will diversify the visitors and generate revenue in other areas. Patterson estimates he and the center have spent more than $3,500 in Yuma related to dunes visitation since September 2000 and predicts more money will follow if the bureau encourages more hikers to come to the area.

Delmar Foote is one of the off-road business owners dependent on the dunes. Foote's business, KD Cycle, sells off-roading equipment and gear.

Foote said he thinks off-roading generates even more money for Yuma than estimated by the bureau. Foote is among the off-roaders who think the center is abusing environmental laws and using "frivolous" lawsuits to keep the dunes closed.

Though four alternatives for dunes management are already written, the bureau has identified its second alternative as its "preferred alternative." That alternative lifts the bans almost completely. Of the 49,000 acres of closures, 14,000 would be open to unlimited off-roading, while 34,000 would be limited to 525 vehicles at a time and duners would need to pass an environmental education course or accompany someone who had to gain access, said Roxie Trost, the bureau's resources branch chief in El Centro.

The conservationists oppose lifting the bans, and the off-roaders oppose some of the other regulations in the preferred alternatives, including a capacity on the dunes, speed limits and curfews.

Anyone who can't make tonight's meeting can send the bureau's El Centro office a letter or e-mail their comments to caisd@ca.blm.gov until June 28. Trost said after all public comments are collected, the bureau will revise the draft of its management plan and begin another period of public comment known as the protest period. Trost said the bureau's goal is to have a signed record of decision Oct. 2, and she is "probably" anticipating lawsuits from off-roaders, conservationists or both.

"It's a passionate project," Trost said.

Luke Turf can be reached at lturf@yumasun.com or 539-6858.

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