Priest Lake's Trapper Burn Is Open for Snowmobiling

JThompson · 02-28-2007, 01:18 AM

From - http://sharetrails.org/
SPOKANE - Despite the initial claims of environmentalist groups, the Trapper Burn north of Priest Lake, Idaho, will remain open to snowmobiling until April 1, following the most recent development in the ongoing litigation commenced by those groups over Idaho Panhandle National Forest's caribou management under the Endangered Species Act.
On February 14, 2007, following a three-day trial, U.S. District Judge Robert H. Whaley in Spokane, Washington, found that the Court's prior preliminary injunction should remain in place during the Idaho Panhandle National Forest's ongoing winter travel planning process. The Court concluded that there was no basis to shut down the portion of the Trapper Burn located on the Forest Service managed land or to close groomed routes, un-groomed routes, and popular off trail riding areas within the much larger Caribou Recovery Area. The only modification to the Court's prior preliminary injunction was the addition of a purported "travel corridor" along the watershed divide of the Selkirk Mountains through the Trapper Burn on the portion of the burn managed by the Forest Service. This addition was first announced at the end of the trial on February 14 and was based in large part on the relatively small number of caribou in the herd, centered around Canada's Stagleap Park on Highway 3 in British Columbia.
On February 22, 2007, the Court held a hearing to consider maps submitted by the Forest Service and environmentalist plaintiffs interpreting the scope of the Court's "travel corridor." At the close of the hearing, the Court declared the Forest Service map more accurately reflected the Court's prior direction and ordered the Forest Service to proceed with implementing the closure. The hearing was necessary to resolve disagreement between the Forest Service and the environmentalist plaintiffs, who contended a broad sweeping travel corridor effectively closing the Trapper Burn had been ordered. The Court's final decision was formally restated in findings of fact and conclusions of law issued on February 26, 2007, which likely conclude this case in the district court.
"The Court's confirmation of a narrow closure for the theoretical travel corridor comes as a relief," said Paul Turcke, the Boise attorney representing the Idaho State Snowmobile Association and other snowmobile enthusiasts in the proceedings. "The environmentalist's reactions to the ruling proclaiming that the entire Burn was to be closed were misplaced." Turcke concluded.
The latest ruling continues the closures from the Court's modified preliminary injunctions entered in November 2006 and adds only a 4 kilometer-wide corridor centered on the ridgeline through the Trapper Burn. The ridgeline is near the boundary between Forest Service, State of Idaho, and private lands and the Court made clear that non-federal lands, even within that corridor, would not be closed because the suit was filed only against the federal agencies and because the Court lacked jurisdiction over other landowners. Following the trial, the environmentalist plaintiffs submitted an interpretation of the corridor that would have extended much further than 4 kilometers to the north and east of the ridgeline, which would have effectively denied snowmobile access to the Trapper Burn. At the recent hearing, the Court rejected plaintiffs' interpretation of such a wide theoretical corridor.
The Court's final judgment comes during the ongoing winter recreation planning process in which the Forest Service will develop and implement a long-term plan for the Selkirk Mountains addressing caribou, snowmobiling, and other recreation and access issues. "The Court's final ruling in this case only intensifies our efforts in the long range planning process," said John Finney, a representative for Sandpoint area snowmobile riders. "We do not believe the Court has precluded a reasonable balance between caribou and snowmobile management. We look forward to continuing to work with the Forest Service on a plan based on sound science and reasoned management rather than the ill-conceived closure of a portion of the Selkirk Crest to snowmobiles for approximately the last 15 years. That closure has provided an on-the-ground study that shows that caribou do not prefer to reside south of the international border. Our short term challenge now is to continue our work with the Forest Service to inform riders of this latest closure and to try to minimize the compliance difficulties created by a closure boundary which will fall mid-slope in relatively featureless terrain," Finney concluded.
The testimony at trial by biologists involved since the unique population of caribou at issue were first listed for protection under the Endangered Species Act showed that these animals prefer the Canadian landscape, particularly around Stagleap Park, which is transected by Highway 3. The same animals that withstand the constant presence of vehicle traffic on this busy highway would seemingly tolerate the limited presence of snowmobiles without significant adverse consequences.
Under a prior temporary Forest Service restriction adopted by the Court, riding will cease on April 1st in the Trapper Burn. Outside the Trapper Burn, none of the other open snowmobile trails or riding areas were affected by any of the recent Court rulings.

02-28-2007, 01:18 AM	#1 (permalink)
JThompson Administrator Join Date: Aug 2006 Location: Bellingham WA Posts: 4,386	Priest Lake's Trapper Burn Is Open for Snowmobiling From - http://sharetrails.org/ SPOKANE - Despite the initial claims of environmentalist groups, the Trapper Burn north of Priest Lake, Idaho, will remain open to snowmobiling until April 1, following the most recent development in the ongoing litigation commenced by those groups over Idaho Panhandle National Forest's caribou management under the Endangered Species Act. On February 14, 2007, following a three-day trial, U.S. District Judge Robert H. Whaley in Spokane, Washington, found that the Court's prior preliminary injunction should remain in place during the Idaho Panhandle National Forest's ongoing winter travel planning process. The Court concluded that there was no basis to shut down the portion of the Trapper Burn located on the Forest Service managed land or to close groomed routes, un-groomed routes, and popular off trail riding areas within the much larger Caribou Recovery Area. The only modification to the Court's prior preliminary injunction was the addition of a purported "travel corridor" along the watershed divide of the Selkirk Mountains through the Trapper Burn on the portion of the burn managed by the Forest Service. This addition was first announced at the end of the trial on February 14 and was based in large part on the relatively small number of caribou in the herd, centered around Canada's Stagleap Park on Highway 3 in British Columbia. On February 22, 2007, the Court held a hearing to consider maps submitted by the Forest Service and environmentalist plaintiffs interpreting the scope of the Court's "travel corridor." At the close of the hearing, the Court declared the Forest Service map more accurately reflected the Court's prior direction and ordered the Forest Service to proceed with implementing the closure. The hearing was necessary to resolve disagreement between the Forest Service and the environmentalist plaintiffs, who contended a broad sweeping travel corridor effectively closing the Trapper Burn had been ordered. The Court's final decision was formally restated in findings of fact and conclusions of law issued on February 26, 2007, which likely conclude this case in the district court. "The Court's confirmation of a narrow closure for the theoretical travel corridor comes as a relief," said Paul Turcke, the Boise attorney representing the Idaho State Snowmobile Association and other snowmobile enthusiasts in the proceedings. "The environmentalist's reactions to the ruling proclaiming that the entire Burn was to be closed were misplaced." Turcke concluded. The latest ruling continues the closures from the Court's modified preliminary injunctions entered in November 2006 and adds only a 4 kilometer-wide corridor centered on the ridgeline through the Trapper Burn. The ridgeline is near the boundary between Forest Service, State of Idaho, and private lands and the Court made clear that non-federal lands, even within that corridor, would not be closed because the suit was filed only against the federal agencies and because the Court lacked jurisdiction over other landowners. Following the trial, the environmentalist plaintiffs submitted an interpretation of the corridor that would have extended much further than 4 kilometers to the north and east of the ridgeline, which would have effectively denied snowmobile access to the Trapper Burn. At the recent hearing, the Court rejected plaintiffs' interpretation of such a wide theoretical corridor. The Court's final judgment comes during the ongoing winter recreation planning process in which the Forest Service will develop and implement a long-term plan for the Selkirk Mountains addressing caribou, snowmobiling, and other recreation and access issues. "The Court's final ruling in this case only intensifies our efforts in the long range planning process," said John Finney, a representative for Sandpoint area snowmobile riders. "We do not believe the Court has precluded a reasonable balance between caribou and snowmobile management. We look forward to continuing to work with the Forest Service on a plan based on sound science and reasoned management rather than the ill-conceived closure of a portion of the Selkirk Crest to snowmobiles for approximately the last 15 years. That closure has provided an on-the-ground study that shows that caribou do not prefer to reside south of the international border. Our short term challenge now is to continue our work with the Forest Service to inform riders of this latest closure and to try to minimize the compliance difficulties created by a closure boundary which will fall mid-slope in relatively featureless terrain," Finney concluded. The testimony at trial by biologists involved since the unique population of caribou at issue were first listed for protection under the Endangered Species Act showed that these animals prefer the Canadian landscape, particularly around Stagleap Park, which is transected by Highway 3. The same animals that withstand the constant presence of vehicle traffic on this busy highway would seemingly tolerate the limited presence of snowmobiles without significant adverse consequences. Under a prior temporary Forest Service restriction adopted by the Court, riding will cease on April 1st in the Trapper Burn. Outside the Trapper Burn, none of the other open snowmobile trails or riding areas were affected by any of the recent Court rulings. __________________ Tired of ads? Become a member for an almost ad free site! Also we give away monthly prizes just for posting! Register today! Looking for places to ride! Want to review a riding area? Check them out! PRE-ORDER MOTOTIPS Stickers now. Help keep mototips running! Get your order in today! Buy NOW! Special Discounts for members only! Check out our new discount forum for retailers offering to help you save money! Mototips Discounts

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