SailAway

Wow Kipper, I hardly know where to begin! So many great questions/comments all rolled into one post!

It is depressing that a judge can hand down a decision like that and not be challenged. And it is frustrating to be facing lawsuit after lawsuit filed by the anti-access groups.

But until we get to the very heart of the matter, which is changing the Endangered Species Act, we will continue to throw good money after bad.

The hard part is... it's a long road to get that ESA changed and in the meantime we have lots of little battles starting up that we can't just ignore, like the one in Riverside and the one right here in Dumont.

One of the easiest things to do is to write to your legislative representatives. It doesn't matter where you are from... political pressure to keep Dumont open can just as easily come from Michigan. YOUR representative has an obligation to the needs of his/her constituents... not just his/her district.

Then write to the The Guvernator... Dumont is in his jurisdiction and you need to let him know you want him to protect your ability to keep riding there.

I know this sounds like a pretty basic thing to do, almost too simple. But you'd be surprised what the impact is. My name, and the organizations I represent, are known at State and Federal levels. Why? Because I made those phone calls, sent those faxes and wrote those emails.

Tell your representatives to support Richard Pombo's ESA rewrite.

Write to the Barstow BLM and tell them how you feel about Dumont and that you want them to protect your ability to ride at Dumont.

Attend the meetings of the Technical Review Team (that's where your fee question comes in).

Stay in touch with the changes and stay involved.

We only lose when we sit down and stop rocking the boat.

Vicki

Vicki,

I am all for the fight, but it is really depressing to read that the judge is handed a biological study in our favor and just decides to disagree for no other reason than she just doesn't like the idea. We need to find out how we can change the laws and legislation so that we have some say in these matters. What initiatives, if any are there for us to vote on? Who can we write to that can make a difference. What about the corruption that is abusing all of our fees that are being paid? Everyone I know is proud to pay their annual fees because they think the money is being used for Glamis or whatever location. I despise the fact that I am paying money only to have it spent somewhere else. How to we get some kind of accountability for how our fees are spent?

Also, it might be worth while to see how the ASA and others can align themselves with the AMA. They were fighting for the right to ride in Riverside County, which was recently defeated. The ASA is a powerful group and they weren't able to stop it on their own either.

I love that part of this Fox series. The BLM rep makes it clear IT'S THE CLIMATE STUPID (hiya Dano) and then mentions something like 1.8 million plants... 1.8 doesn't sound threatened to me. Sheesh that guy really irritates me!

I nearly went out to meet up with them prior to the hike.

But I was fresh out of Lyesol and couldn't stomach the idea.

Vicki

Closing the dunes for a stupid weed!!!

That was Glamis.

At Dumont they species they are manipulating is the Fringe-Toed Lizard.

It's a tool, nothing more. They have no genuine concern for survival of a species.

Vicki

Fox News out of Los Angeles did a three-part segment last weekend about the Imperial Sand Dunes (Glamis). The final segment (Sunday night) included a glimpse into one of the mouthpieces of the Center for Biological Diversity (CBD) which is the same anti-access/closure organization that is now targeting Dumont.

The reports are, for the most part, very unbiased. That's fine... all we ever wanted was to get the facts out there and let them speak for themselves.

Take a look at the train that's coming toward Dumont...

http://timspage.temecula.com/vid/GlamisOnFoxNews1.wmv

http://timspage.temecula.com/vid/GlamisOnFoxNews2.wmv

http://timspage.temecula.com/vid/GlamisOnFoxNews3.wmv

Vicki,

Please PM me with any literature you have in hand out form, we will be going out this next weekend (20th-23rd) and I am interested in handing it out. We need to educate and unite on this.

Thanks in advance,

Eric

I'll get it to you. There was one created for handing out last weekend. I just haven't put it into a pdf yet, but I'll do that today.

Vicki

A recent ruling from the Fish & Wildlife Service has some good information on Distinct Population Segments.

Looks to me like the FWS was actually paying on this... Friends of Dumont Dunes will make sure they do the same for the Fringe-Toed Lizard.

A population segment may be considered discrete if it satisfies either one of the following conditions: (1) Marked separation from other populations of the same taxon resulting from physical, physiological, ecological, or behavioral factors, including genetic discontinuity; or (2) populations delimited by international boundaries within which differences in control of exploitation, management of habitat, conservation status, or regulatory mechanisms exist that are significant in light of 4(a)(1)(D) of the Act. If a population is considered discrete under one or more of the above conditions, its biological and ecological significance is assessed. Measures of significance may include, but are not limited to, the following: (1) Persistence of the discrete population segment in an ecological setting unusual or unique for the taxon; (2) evidence that loss of the discrete population segment would result in a significant gap in the range of the taxon; (3) evidence that the discrete population segment represents the only surviving natural occurrence of the taxon that may be more abundant elsewhere as an introduced population outside its historical range; and (4) evidence the discrete population segment differs markedly from other populations of the taxon in its genetic characteristics.

If a population segment is discrete and significant, its evaluation for endangered or threatened status will be based on the Act's definitions of those terms and a review of the factors enumerated in section 4(a). ``Endangered'' means the species is in danger of extinction throughout all or a significant portion of its range. ``Threatened'' means the species is likely to become endangered within

the foreseeable future throughout all or a significant portion of its range.

The Ninth Circuit's opinion held that we did not arbitrarily find the Arizona pygmy-owl to be discrete because differences in conservation status exist across the international boundary between the United States and Mexico. We argued that in this case the term ``conservation status'' means ``the number of individuals left in the population.'' We found that conservation status differs because there are differences in the number of owls on either side of the border. The court deferred to our interpretation of the term ``conservation status'' and stated, ``We conclude that `conservation status,' as used in the discreteness test, is a term of art that lends itself to interpretation by the FWS'' (CV 00-0903 SRB). The Ninth Circuit's opinion stated that we did not articulate a rational basis for finding that the discrete population is significant to the taxon, but did not actually rule on whether the DPS is significant. Instead the 9th Circuit remanded the decision of significance, and that is the issue which is addressed in this finding.

Vicki

Nothing like a drunken 9 year old in a dune buggie running over our campfire and beach chairs, a 6 year old in a 2000lb ez go golf cart center punching my Prowler,,, seen it, and we'll see it again.

There are already rules, laws actually, that would cover these infractions. A drunken 9 year old? That's easy to cite. Even if it's just an out of control 9 year old, same as the 6 year old on the golf cart those are also easy to cite.

Reckless driving comes to mind of course but the really easy one is these children driving unsupervised and quite possibly out without their proof that they have passed the lawfully required California certification.

Enforce the current laws and none of that would have happened... no new laws needed.

I believe that any age limit rules "we" would come up with would be purely subjective and is that what we want? Who would be the one in charge of deciding what the age should be and what would be the criteria for such a thing?

I remember visiting a camp once when a buggy full of what at first glance appeared to be midgets pulled into camp with considerable skill. On closer inspection it wasn't a buggy full of midgets but rather it was a buggy full of 10 and 11 year olds who, at that early age, could outdrive more than just a few of the older drivers out there. Why? Because these were children of buggy builders and Glamis devotees who had been raised in the sand and on those machines. It would be terribly unfair to eliminate Rhinos from those 10 year olds just because someone is afraid something "might" happen if we don't.

Right now the Consumer Product Safety Commission is trying to do exactly what is being suggested here, except across the board. What makes us any different if we follow that same path... what makes any of us think once we start down that slippery slope we'll be able to stop it before someone decides we need to make a new Dumont rule against anyone under 15 riding a Banshee... because they were struck once by a careless kid?

Vicki

Hey, if anyone heading to Dumont for Easter has a little time they can lend out there to help get some important Dumont information out, please let me know.

http://www.dumontduneriders.com/invision/i...t=0entry14435

Vicki

If anyone that is going out this weekend can spare a little time, it would be great to take some information camp to camp or to the gathering spots or at the entry point.

Please let me know if anyone is interested and I'll get the information to you.

Vicki

Now, as for the issue of number of passengers on golfcarts and/or side-by-sides (Rhinos, Arctic Cats, Rangers, etc.)...

I want to say that I can absolutely understand the knee-jerk reaction I have been reading here. Many of us have seen kids piled on these things and wondered who was going to come limping back to camp with a broken arm. Of course, many of us have said the same thing about the new kid on the quad, or the ones trying to run down the face of a steep dune.

But let's say Suzy witnesses, firsthand, a golfcart piled with teenagers heading out of camp and she feels the icy chill of concern pass over her. She has not, however, seen, firsthand, any indication that there are increased injuries or deaths due to overloaded multi-passenger vehicles.

Still, Suzy says to herself, it's obviously a disaster waiting to happen.

Better make a rule.

Now... let's say Tom next to her is looking the other way and doesn't see the golfcart piled with teenagers. Instead, he sees the buggy doing a wheelie and he feels the icy chill of concern as he watches. He hasn't, however, seen anything firsthand indicating that wheelies have caused an increase in deaths or injuries.

Still, Tom says to himself, it's obviously a disaster waiting to happen.

Better make a rule.

Is this what we want at Dumont?

Vicki

Wow! This is a GREAT discussion.

There are actually two things being talked about now... may have to split them off in a bit but for now...

First, I'd like to clarify something.

Friends of Dumont Dunes is lucky enough to have two of its leadership board sitting on the Technical Review Team. John (aka Sandemon) is a FoDD board member and is the FoDD representative on the TRT. Terry (aka Ynot) is the Vice President of FoDD and is the Las Vegas representative on the TRT.

I spoke to John last night about what was brought up to the newly formed rules committee, and first I want to assure everyone that no decisions have been made. In fact, the discussions have only just begun and decisions are a long ways off.

That said, two things were brought up by the BLM as having been raised by dune users:

1) Roping off/saving spaces.

2) Golf cart passenger limits.

I also recreate at Glamis and there is a "no saving spaces" rule in place there. It's not a very good rule because it has been used by strong-arm law enforcement officers to roust harmless families who aren't saving spaces but are merely protecting their belongings. There is no differentiation, no description, no minimum or maximum space allowed, nothing. That leaves it up to the law enforcement officer and honey, I don't know about anyone else but I'm sure not comfortable with that.

So... if I read these comments right, saving spaces (and espcially DUNE space of all things) is a very real problem, to quite a few people it seems. I would say the best thing to do then would be to come up with something that would actually be a workable solution. We can't put our fingers in our ears and pretend this isn't going to be addressed one way or another... FoDD can recommend that it be dropped but if the BLM gets enough user complaints they'll use their imagination and make a rule. Probably one we won't like very much.

Now... I'm not saying that we will have to live with one, but if we did have to live with a rule regarding saving spaces, what should it be?

Marking spots? Designating a certain square footage per trailer/motorhome?

Vicki

Why don't these Eco terrorists deal with the problems where they live first? The answer is simple. They all live in big cities and are just doing this to get your money.

Man, you hit it right on the nose.

This is about money, nothing noble, nothing sacred, no passion, no love of the desert or respect for wildlife.

$$$

Vicki

What a load!!!!

We are in!!!!

Besides joining FoDD(which we will do) what else can be done?

Other than joining FoDD, the next thing would be for everyone to become as familiar as possible with what's going on.

Read the petition... yeah, it's hard to stomach, but knowing thine enemy always helps design the best strategies.

And stay out of the already-closed areas so that "they" don't add that fuel to the fire.

Knowledge truly is power... the more we know, the better we can fight. FoDD will set up an information meeting before too long and we'll have the Fish & Wildlife Service representative attend to help explain this process to us. The FWS, by the way, isn't on "their" side any more than they're on our side. And they are also tired of the frivolous lawsuits because they create a vicious cycle... FWS resources get tied up fighting foolish lawsuits, leaving no resources for species conservation so more lawsuits are filed due to lack of species conservation.

Vicki

Anything is possible... these particular anti-access turds don't care who they roll over.

But I will say, their focus is on the desert southwest, as confirmed in an email sent out by one of the mouthpieces for the CBD several years ago. He went on a "fishing expedition" with his "conservation" chronies (like The Nature Conservancy, Sierra Club, etc.) and asked for any suggestions on OHV areas to "hit."

No, I'm not kidding.

Vicki

Tsk. Forgot to add something again...

I received an email from a board member of the American Sand Association promising their help wherever needed. And that is even though, by the ASA's leadership's own admission, they are truly a "Glamis-focused" organization. We have also been offered help by CORVA and I'm sure we'll be hearing from ORBA and Cal4Wheel Drive.

Why? Because we are all part of the same big war. Just because Friends of Oceano Dunes if focusing on the issues there, or the ASA is focusing on the issues at Glamis, what is great about the battles they are involved in is, when they win, we all win... because while the battles they are fighting may be located at Glamis and Ocean, they are just a small part of a really big war.

Dumont has now been pulled into that war in a major way.

Vicki

I think they are going to have problems using the fringe toed lizard be cause the dunes at Dumont aren't the only place this lizard lives.

That's why the bad guys are petitioning on behalf of the lizard as a "Distinct Population Segment" which means they aren't trying to have it listed across the board, but (at this point in time) only at Dumont.

And ISBB is right, the lizard is one of the "species of concern" at Glamis as well... if and when the management plan for that dune area is finally implemented, there will be a large chunk in the middle of the dunes held aside as an "Adaptive Management Area" and permits will be required to ride in there. That AMA is supposed to be beneficial to not only the "hot topic" at Glamis, the Piersons Milk Vetch, but also beneficial to the Fringe Toed Lizard and the Andrews Dunes Scarab Beetle, two species the CBD has previously targeted.

But I digress... where ever else this little beauty lives is not at issue in this newest petition to have it listed. The CBD is focusing only on the ones that habitate at Dumont.

Vicki

Just like Friends of Oceano is focused on the Oceano dunes, the ASA is a Glamis-focused organization, actively fighting the legal issues as well as pursuing the biological issues. DUNERS is also a Glamis-focused organization, focusing on duner safety and on-the-ground programs for the community.

Friends of Dumont Dunes is (obviously) focused on Dumont only, just as tightly as the ASA is focused on Glamis. And the board members of FoDD are well-versed in the fight against the anti-access groups like the CBD.

Uniting the various organizations to fight these bastards is a nice idea but not very likely, or even very necessary. Just like you go to see a podiatrist when you have a foot problem, you should turn to the area's organization when you need to address specific problems, like this current CBD threat.

Now... a group of podiatrists will very likely share information and "network" with each other to face common problems, and that's what happens with the OHV groups. Networking helps keep them all in touch with the issues that are facing the areas outside their focus, but does not create such a distraction as to lose the focus needed to make a difference in the area they represent.

Vicki

This is a news release from the Center for Biological Diversity (CBD). For those who don't recognize that name, the CBD is one of three organizations that successfully sued and closed over 49,000 acres at Glamis. Temporary closures that have been in place since 2000 and there appears to be no end in sight. These guys sue to make money and are completely unconcered with the species they are suing for. They use the Endangered Species Act as a tool to shut out public access from public lands.

This is a very real threat.

For immediate release

April 10, 2006

Contact:

Daniel R. Patterson, Desert Ecologist 520.623.5252 x306

Mojave fringe-toed lizard moves closer to

Endangered Species Act protection

Uma scoparia threatened by BLM management allowing off-road vehicle abuse of desert dunes

Baker, Calif. – The Mojave fringe-toed lizard (Uma scoparia) moved closer to protection today as the Center for Biological Diversity and Ms. Sylvia Papadakos-Morafka petitioned the Bush Interior Department to list the Amargosa River Distinct Population Segment (DPS) as threatened or endangered under the U.S. Endangered Species Act.

“The Mojave fringe-toed lizard is a fascinating creature, but it is being wiped out by off-road vehicle impacts and poor BLM management,” said Daniel R. Patterson, Desert Ecologist with the Center for Biological Diversity who formerly worked with the Bureau of Land Management (BLM) in the Mojave Desert. “Without Endangered Species Act protection now we could lose the lizard, and along with it part of our natural desert heritage and quality of life.”

The Amargosa River Population qualifies as a Distinct Population Segment because it is discrete, significant, and threatened or endangered. As are all fringe-toed lizards, the Amargosa River population of northeastern San Bernardino County, California (Dumont Dunes, Ibex Dunes, and Coyote Holes) is highly restricted to fine sand environments. Unfortunately, a significant portion the population’s range has suffered severe habitat destruction and modification by extensive off-road vehicle (ORV) traffic.

Petitioners also request that critical habitat be designated for the Amargosa River DPS of Mojave Fringe-toed Lizard concurrent with listing.

The Amargosa River DPS meets three criteria for consideration as a threatened or endangered species under the Endangered Species Act: the present or threatened destruction, modification, or curtailment of its habitat or range; the inadequacy of existing regulatory mechanisms; and other natural or manmade factors affecting its continued existence.

The most significant threat to the Amargosa River population is intensive off-road vehicle recreational use, which has killed many lizards directly and destroyed the lizards’ habitat. The BLM’s management of the lizard’s habitat allows intensive ORV use over a majority of its range.

Recent surveys at Ibex Dunes and Dumont Dunes (more than 98 percent of the population’s range) found low densities of Uma scoparia and massive habitat destruction by ORVs at Dumont Dunes.

Extensive ORV traffic at Dumont Dunes, and to a lesser extent Coyote Holes and Ibex Dunes, poses a substantial threat to the continued existence of the Amargosa River DPS of the Mojave fringe-toed lizard. Since the 1970s, Dumont has experienced a more than 230 percent increase in off-road vehicle traffic (BLM statistic). This increase has fueled illegal traffic to both Ibex Dunes and Coyote Holes, presenting a population-wide threat. ORVs at Dumont Dunes result in direct harm to the lizard and destruction of its habitat. When disturbed, the lizard dives into loose sand only a few centimeters deep, where it is vulnerable to death or injury from ORV sand-digging tires. ORVs destroy habitat by trampling above-ground vegetation and destroying shallow root systems common to many desert plants. This destruction of vegetation also results in a decline of insects, reducing the Mojave fringe-toed lizard’s food sources.

At Death Valley National Park, Uma scoparia could not be located at two of three potential historical sites. Ibex Dunes may represent the only remaining population within the Park.

Furthermore, Coyote Holes – a sand blowout east of Dumont Dunes – is an extremely small piece of habitat that could be significantly damaged by a single occurrence from illegal ORV use.

ORV use leading to extirpation of Uma scoparia is a realistic threat. Recent surveys at the BLM’s El Mirage off-road “open area” showed that Uma scoparia is likely extirpated at this site, and that its disappearance is likely due to habitat destruction and direct harm by ORVs (Morafka, 2000 and 2002, BLM, 2004a). Morafka (2000) concludes of El Mirage Dry Lake: “Local dunes appeared to be plowed by massive and repetitive ORV traffic, destroying perennial vegetation and altering dunes surfaces.”

Other significant threats to the Amargosa River DPS are toxins in the environment from nearby military operations, residual pesticides, and blocking of sand sources, all of which have likely contributed to local extirpation of lizard populations (Morafka 2000 and 2002).

The Amargosa River DPS of Uma scoparia is in need of protection as a threatened or endangered species with critical habitat. Listing for the Amargosa River DPS and critical habitat is essential due to massive habitat destruction and low densities of Uma scoparia found by Morafka (2002) at Dumont Dunes and low densities of Uma scoparia found by Emmerich (1998) at Ibex Dunes, comprising the vast majority of the population’s range. The request for listing as a Distinct Population Segment is based in large part on genetic analyses by Murphy et al. (In review), showing the population to be isolated and genetically distinct.

The Center and Ms. Papadakos-Morafka submit this petition in the memory of Dr. David Morafka. Dr. Morafka was a leading scientist on Uma scoparia, and he supported Endangered Species Act listing to ensure its survival and recovery in the wild.

The U.S. Fish & Wildlife Service must issue a finding on the merits of the 28-page petition by July 12, 2006.

Did I say this is a threat? That's far too mild. We knew they were coming for us, but that doesn't make this any less scary.

Now is the time to start getting involved before Dumont loses half its riding area to these theives.

Vicki

It was nice he was able to walk away, but you wouldn't catch me ever doing something that stoopid. He didn't even have a helmet on! Dumbass!

Last year over Easter week we had the guys from Black Rhino Performance come into our camp during a photo shoot. Although my husband had seen a Rhino out at Olds during the season, this was my first time up close and personal.

Before that time I really couldn't understand why in the world I would want to give up my golf cart and get a Rhino.

The cart was sold and the Rhino bought within a month of that Easter week.

One of my deciding factors was watching one launch off the top of a dune, fly a$$ over teakettle two or three times, then land on its wheels with the engine still running. The driver picked up the floor mat that had come loose and went on his way. As I recall the roof was dented and the roll bar was slightly damaged but the driver was only a little sore with no serious injuries.

By the way, he was wearing the harness-type belts and a helmet because he was "duning" versus just strolling around.

They really are tough little machines, but that won't do any good if the driver is just plain foolish. To me, making a jump like that without the proper safety equipment on is just plain foolish.

Vicki

So... how can we get the little dunes campers to come over and help?

Or should we have a sub station over there next time??

Yeah, I think we will have several other registration areas next year. Like at the dumpsters and yes, the little dunes. We seemed to have quite a few people dropping off trash and getting raffle tickets but they hadn't made it over to the registration booth. The BLM did a great job of catching some people unawares out at the "hot spots" at Dumont, handing out bags and raffle tickets and sending them our way.

Cat, there was lots of chatter about the cleanup in the days immediately following, on lots of different boards... here's a couple posts from me on another board.

I forgot to mention a few statistics of my own...

We had 427 registered participants. Between the BLM handing out empty bags and raffle tickets and the passers-by at the dumpsters getting empty bags and raffle tickets, we figured another 100 non-registered participants... the BLM thinks closer to 150. Not too shabby at all, and next year we'll have registration sheets at the dumpsters and in the trucks.

We mowed through two boxes of bags, 500 each, plus another partial box of bags from someone else and still another partial box we brought "just in case" and we were down to our industrial-sized trash bags from our trailer by the end of the day! One dumpster was completely filled and the other was about 1/3 by Saturday evening.

We had 300 t-shirts printed for the event, started registering people at 8:00 a.m. and gave away our last t-shirt ticket before 10:00 a.m.!

Some big items were dislodged from the dunes too... a full-size barbecue, an old TV set, a DVD player, a truck hood, hubcaps, cabling, lots of chair frames, a huge hunk of carpeting (brought in by Brian Begin, son of Cathi and John at Suspensions Unlimited) and about a dozen "unusual" items for the contests.

WHAT A GREAT JOB EVERYONE DID!!!

And

One other thing... I want to say again, an enormous thank you to Suspensions Unlimited, a title sponsor of the event. They set up at the cleanup area so that we could use their awning for rain or shade and it saved the day for the raffle announcements that's for sure.

Suspensions Unlimited is such a class act, always supportive of the OHV community and they came through for Dumont in a great big beautiful way.

THANK YOU S/U!

We will list our other sponsors very soon, as soon as I can unpack the cleanup notes.

Next year will be even BETTER!

Vicki

Okay, so now that we're back on track with this topic what can we do to get some of these non-involved types more involved?

Lost to be involved with, but let's focus on the example of the cleanup...

Friends of Dumont Dunes put up signs and banners, handed out flyers, and posted on message boards. And we got a heck of a turnout for our efforts. But still there were people either not aware or not interested.

Making people more aware is a relatively easy fix (radio spots, handing out flyers on preceding weekends).

But how do we make them interested?

Vicki

Hey mike you will have to come find our camp... wouldnt mind sayin Hey again.. plus our coolers will be plenty full..

Yeah, but the blenders will be in full swing at our camp.

And speaking of kids... don't forget that immediately following the cleanup we'll be having a Junior Duners session.

Vicki