Study Will Effect Motorized Recreation in Nebraska
by Dan Nitzel

On Wednesday, April 28th, 2004, the National Academy of Sciences (NAS) National Research Council released a long-awaited report. The report, Endangered and Threatened Species of the Platte River, was requested in January of 2003 after the NAS reached an agreement with the U.S. Department of Interior (DOI) to conduct an independent review of the science affecting the critical habitat designation of the central Platte River for the whooping crane, piping plover, interior least tern, and the lower Platte River for the pallid sturgeon.

The National Research Council concluded that suitable habitat characteristics along the central Platte River are essential to the survival and recovery of the whooping crane, piping plover, and the interior least tern as no long-term alternative habitat exists in the central Platte region. Specifically, current central Platte habitat conditions adversely affect the likelihood of survival of the whooping crane, but to an unknown degree. Deterioration and loss of habitat in the central Platte is contributing to the decline in population of piping plovers and interior least terns. Human activities such as the (recreational) use of all terrain vehicles and natural predators are key factors in the birds’ decline.

In plain language, as an ATV or dirtbike rider, what does this mean to you and me? It’s not good news AT ALL. If you ride your ATV or dirtbike in, along or near the Platte River in central Nebraska for recreation, chances are really good that your days to continue to do this activity are numbered. This most likely will include people riding on private land along the river where the rider owns the land or has permission to ride. Chances are that the Loup River from Columbus to St. Paul may be effected as well. ATV and dirtbike use could be effected up to a couple of miles from the river.

What makes this news even worse is the fact that large portions of the Platte River and Loup River were designated several years ago as critical habitat for the piping plover and least tern. Our popular riding area, the Headworks OHV Park near Genoa is smack dab in the middle of the designated critical habitat on the Loup River!

This is the scenario I see as possibly happening. The U.S. Fish and Wildlife Service will begin selective ticketing of riders in the central Platte River. Some riders will have their machines confiscated and some may be arrested. The agency will bring in additional law enforcement to carry out the task. People may be ticketed on land that they own and land that they have permission to be on. This enforcement activity will be accompanied by wide coverage in the media. The media, especially newspapers, such as the Grand Island Independent will greatly support the actions of the Fish and Wildlife Service. The media will continue to hammer the ATV and dirtbike riders and the Fish and Wildlife Service will continue to give out tickets until riders just give up.

The Director of the U.S. Fish and Wildlife Service in Grand Island Steve Anschutz was quoted by the Grand Island Independent on September 14, 2002, as saying “Designation of critical habitat doesn't restrict landowners and others from using river areas for recreational purposes.” He then went on to say that “Projects that could adversely affect critical habitat include” ........ “all-terrain vehicle activity”. Do these projects include the Headworks Project?
It is no secret that the Director of the U.S. Fish and Wildlife Service in Grand Island Steve Anschutz is no fan of the Headworks OHV Park and ATV and dirtbike recreation in or near the Loup or Platte River systems. Word has it that Mr. Anschutz thinks the devastation caused by ATV use at Headworks is intolerable.

In a worse case scenario, the Headworks OHV Park could close to all ATV and dirtbike riding. Recreational ATV and dirtbike travel on the Loup and Platte river systems will be impacted. All human activities in and near the critical habitat area will be under the control of the U.S. Fish and Wildlife Service.

So what can be done about this? We can hope that either a law suit can be filed to hopefully head it off, or the Fish and Wildlife Service would be willing to negotiate with us, which is unlikely to happen.

There is a possibility that the Nebraska Habitat Conservation Coalition (NHCC) will file a lawsuit. Our organization is a supporting member of NHCC and has contributed $3000 to the organization in the last two years. The main purpose of NHCC is to address the concerns the piping plover critical habitat designation decision by the U.S. Fish and Wildlife Service.
The group consists of public power districts, city government, county government, natural resource districts, agricultural interests, land owners and recreational interests. The goal of this group is to try to off-set the effects critical habitat designation by proving that the designation is based on un-accurate science and that the designation will have a negative economic and social impact on the region. Funding provided by coalition members will be used to hire experts and attorneys to refute the designation.

The best we can do is wait and see what happens. There is a possibility that the Fish and Wildlife Service will do nothing, and maybe just enforce the Platte Rivers or who knows what for now. If there is a possibility that we, as the NOHVA organization can head off some restrictions to ATV and dirtbike riders along the Loup river, we will try our best to see what we can do.

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This page was updated on Wednesday, January 19, 2005