Arizona files motion to intervene in lawsuit to defend motorized big game retrieval on Kaibab National Forest

Corrected: 6/25; 7:04 p.m.
PHOENIX — The State of Arizona and Office of the Arizona Attorney General today filed a motion to intervene in a lawsuit brought by several environmental groups challenging the U. S. Forest Service’s decision to allow limited off-road motorized big game retrieval by elk and bison hunters on the Kaibab National Forest.

The lawsuit was filed in January by WildEarth Guardians, Grand Canyon Wildlands Council, Wildlands Network, and the Sierra Club.

“It’s interesting to note that the plaintiffs’ lawsuit targets hunters’ motorized big game retrieval, which is a small segment of off-highway vehicle use in the forest, but does not challenge other legitimate cross-country motor vehicle use. It suggests their lawsuit was filed more out of opposition to hunting than true concern for our natural resources,” said Pat Madden, incoming chairman of the Arizona Game and Fish Commission.

Motorized retrieval is an important component enabling Arizona Game and Fish to fulfill its wildlife conservation mission. Uncontrolled elk and ecologically devastating bison populations can damage habitat and may harm other species. The Department is currently collaborating with the National Park Service to dramatically reduce the number of bison in Grand Canyon National Park, as unsustainable numbers of bison have migrated from the North Kaibab onto the park’s North Rim and are damaging water sources, vegetation, soil and archeological sites.

Elk weigh between 450 and 1,200 pounds and bison between 750 and 2,500 pounds. It is unlawful to leave the edible portion of a harvested animal in the field to waste. For some hunters, a harvested bison or elk can realistically be packed out of the field only by motorized transport.

Motorized retrieval is also an important component of the Department’s lead reduction conservation efforts for the California condor. The Department offers free coupons for lead-free ammunition to all hunters who draw tags for big game species on the North Kaibab and sponsors raffles to incentivize the minority of hunters who use lead ammunition to pack out the gut piles of their lawfully-harvested big game species. The gut pile of a mature bison can exceed 500 pounds. It is simply unrealistic to expect hunters to pack out large gut piles without ready access to a motor vehicle.

“The State is seeking to intervene in this lawsuit to protect its sovereign authority to regulate, manage and conserve wildlife in Arizona, including wildlife on public lands managed by the U.S. Forest Service,” said Madden. “Hunters play a critical role assisting the Arizona Game and Fish Department in managing elk and bison herd populations.”

The Multiple-Use Sustained-Yield Act of 1960 and the National Forest Management Act of 1976 direct that the national forests be managed for multiple purposes, including outdoor recreation and fish and wildlife, and that the jurisdiction and authority of the states for management of fish and resident wildlife on the national forests are not affected.

The Forest Service, in a Memorandum of Understanding with the Arizona Game and Fish Commission and Department, recognizes the Commission and Department as having primary responsibility for managing fish and wildlife populations on Forest Service lands in Arizona.

Off-road motorized big game retrieval historically had not been restricted on the Kaibab National Forest other than in areas with special land use designations, such as wilderness areas. In an effort to balance increasing off-road-vehicle recreational use with resource protection, the U.S. Forest Service in 2005 directed each forest to designate roads, trails and areas open to motor vehicle use. All other areas would be considered closed to off-road motor vehicle use, with a few exceptions such as motorized retrieval of big game. Arizona Game and Fish was a cooperating agency and/or offered comments in the development of the Kaibab’s new travel management rules.

The current rules allow hunters one trip with a motor vehicle, during hunting season only, to travel up to one mile off a designated road to pack their legally harvested elk out of the field on the Tusayan and Williams Ranger Districts, or their legally harvested bison or elk on the North Kaibab Ranger District. Hunters are required to use the most direct and least ground-disturbing route, and retrieval is not allowed in existing off-road travel-restricted areas or when conditions are such that travel would cause damage to natural and/or cultural resources. The rules don’t allow for motorized retrieval of any other big game species.

“Given the Department’s wildlife management responsibilities for elk, bison and the California condor, Arizona has an obligation to intervene in this lawsuit to defend the Kaibab National Forest’s authorization of limited motorized big game retrieval to preserve lawful hunting as a wildlife management tool, and in so doing, protect Arizona’s fragile natural resources,” said Arizona Game and Fish Department Director Larry Voyles.

AZGFD plans OUI patrol at Lake Havasu, lakes statewide this weekend

op-dry-waterLAKE HAVASU, Ariz. — With the recreational boating season in full swing, the Arizona Game and Fish Department will conduct a multi-agency sobriety checkpoint at Lake Havasu and area lakes as part of a statewide crackdown on those boating under the influence.

The checkpoint and patrols are being done to ensure boat operators are sober and to act as a reminder that operating a watercraft under the influence (OUI) is the most common contributing factor to injuries and fatalities on the nation’s waterways.

“Arizona’s waters can be fun for the whole family, but only if it’s done safely and responsibly,” said AZGFD Boating Law Administrator Tim Baumgarten. “Using alcohol or drugs can impair a boater’s judgement, vision and reaction time, and can increase a person’s willingness to take unnecessary risks. An impaired operator is 10 times more likely to be involved in a collision than someone who is sober.”

The effort is part of Operation Dry Water, a national awareness and enforcement campaign being done in partnership with AZGFD, Arizona law enforcement agencies, the National Association of State Boating Law Administrators and the U.S. Coast Guard. The operation runs Friday, June 24 to Sunday, June 26.

As part of the national campaign, boaters and watercraft users on Lake Havasu and other Arizona lakes will be subject to systematic safety inspections. Operators will also be screened for alcohol and/or drug impairment and to ensure that proper safety equipment, such as life jackets, throwable rescue devices and working fire extinguishers, are on board.

“Our goal is to promote safe and enjoyable boating on our waterways. By doing so, we hope to prevent the next tragic alcohol-related incident on the water,” Baumgarten added. “If you plan to drink on the water, please designate a sober operator.”

The patrols at Lake Havasu are part of a statewide effort among law enforcement agencies to increase public safety by targeting impaired operators. While on the water, boaters should also keep in mind:

  1. State law requires all passengers 12 years old and younger to wear a life jacket while onboard and that each passenger must have a properly fitting, Coast Guard-approved life jacket. Drowning is the most common cause of death in boating incidents, always wear your life jacket.
  2. Anyone being towed by a boat or on a personal watercraft, such as a Sea Doo or Jet Ski, must wear a life jacket.
  3. Know the “Rules of the Road,” navigation rules identify who has the right of way and determine the required direction of travel.
  4. Never allow passengers to board or swim while the engine(s) are running. A boat’s propeller can still be spinning while the motor is in neutral.
  5. Before starting the boat’s engine, walk to the stern to make sure no one is near the propeller.
  6. Take extra precautions around other boats towing skiers and/or tubers.
  7. Never reverse a boat to pick up someone out of the water.
  8. Paddle boards, kayaks and canoes are each considered watercraft and operators are required to have a wearable PFD on board while on the water. Furthermore, these watercraft must also follow the same laws pertaining to all motorized boats and watercraft.

It’s also recommended that all boat operators and passengers complete a boating safety course. For a list of courses hosted around the state, please visit www.azgfd.gov/boating.