The AMA
has expressed its opposition to a federal court ruling that has the potential to
shut down an additional 4.1 million acres of the California desert to all
off-highway vehicles.
US District Judge Susan Illston issued a ruling that could
end all off-highway motorcycling and ATV riding in areas of the desert that are
designated critical habitat for the desert tortoise, which is listed as a
threatened species under the Endangered Species Act. Illston's ruling reverses
an opinion by the US Fish and Wildlife Service that had allowed activities
including cattle grazing and motorized recreation on some tortoise habitat
controlled by the federal Bureau of Land Management within the 25-million acre
desert.
The ruling came in a lawsuit filed by opposing forces in the
debate over access to the desert: AMA District 37 and the Center for Biological
Diversity. The AMA district organization argued that the Bureau of Land
Management should look into other factors leading to a decline in the tortoise
population, most notably, diseases affecting the tortoises' upper-respiratory
systems and their shells. The district asked that the BLM be ordered to consider
some 900 pages of research pointing to the diseases as primary causes of
tortoise deaths when developing its plan for recovery of the species.
Meanwhile, the Center for Biological Diversity argued that
restrictions on motorized recreation and cattle grazing imposed by the BLM did
not provide sufficient protection for the tortoise.
In ruling against District 37 and in favor of the Center for
Biological Diversity, Illston essentially decided that no matter how minor a
role off-highway motorcyclists and grazing cattle play in the decline of the
tortoise, the BLM is obligated under federal law to consider the elimination of
those activities throughout the tortoise's critical habitat.
The amount of public land available for recreation has shrunk
dramatically over the years, until today, the areas available for open riding
amount to a mere 2 percent of the overall desert. Closing an additional 4.1
million acres to all off-highway vehicles would be another giant step toward
eliminating this legitimate form of recreation from the desert. AMA District 37
will appeal to the 9th US Circuit Court of Appeals in an effort to get Illston's
ruling reversed.