Yes, at least that's what we're told.

At the last TRT meeting there was a fair amount of discussion on this.

There are BLM agents dedicated to the task of replanting closure markers, and I will inquire about what you've witnessed.

My hunch is, especially regarding those nearest the washes, the recent rains have played pure hell on those markers. Should the "marker team" be doing their best to keep up with the changes? Absolutely. The users cannot be held as accountable for behaving if there are not markers to warn of the boundaries.

I'll see what I can find out.

Vicki

Hey Ben, I went on the flyover this past weekend.

Dunes from Above,,, my flyover trip

They just finished re-staking the Patton area and the small closure area between Gecko and Olds is next. That was the only place we found riders inside the closed areas, right behind Olds.

Many of the markers were up as we followed the lines but some were so close to being buried and some were completely out of the ground!!! Not many fresh tracks were inside the closed areas and most of those headed right back out.

If you haven't taken this 1.5 hour flyover yet, there are only a few flights left. WELL worth your time... See ALL the dunes from above... way cool.

Jim

Vicki

You're concerns are legitimate and your suggestion is not that far fetched.

Not to long ago CBD started crying wolf about closure incursions. ASA took those cries seriously. (even after being blasted in a public meeting for doing so by another access group).

I would suspect that is one of the reasons BLM has stepped up there staking efforts.

At any rate the flyover reports have not been bad lately.

Lastly we are well aware of BLM's lackluster management in some areas and no we are not sitting around waiting for them to let us down.

Oh now... I think we may be talking about apples and oranges here.

{apples}While I don't recall any public meetings where the ASA was blasted by individuals or "another access group" for taking additional threats of closure seriously, I do remember a lot of concern/blasting for mismanaged closure markers and for devil-may-care attitudes from duners who are tired of being kept out of those areas, etc, certainly not aimed at the ASA.

As far as I know, all access groups have always been on the same page about getting the BLM to keep those closed areas marked properly so that the users don't get blamed for intentionally violating a court order. They’ve kept up the heat via emails, TRT meetings, private conversations, every conceivable opportunity... speaking for DUNERS and CORVA anyway, having personally taken the opportunities and also witnessed them being taken by others.

{oranges}However, I will say that there is often varied opinion on how a particular situation should be handled. A schoolyard bully, for instance. Differing opinions perhaps on differing methods and... hey, isn’t that what makes the world go ‘round? Visit the Politically Incorrect forum some time and you'll see what I mean

Vicki

ok nuff said on that topic, lets keep our attention on the issue at hand


GETTING OUR DUNES BACK


Someone comented that "In a perfect world the stakes would be down in 30-45 days" But we don't live in a perfect world, so lets see some detailed time lines

whats the real chance of dunning to the "Wall" thid season

Very slim

So, can't we (ASA) pettition the same judge to remove the injuction? once she rules on that issue wouldent the CBD have to start from scratch on an new venue?

(We) are not the ASA but we are dune users and as such naturally we have a very large stake in the lawsuits surrounding the biological opinion. Actually, it’s only one suit now, I believe… the ASA and CBD both sued but I think the cases were “joined.”

So does the CBD have to start from scratch? No, not really. Their concerns haven’t yet had their day in court, so to speak, since the biological opinion went back for review prior to any real court time. Can the ASA petition the judge to remove the injunction? It’s not their injunction… but a settlement offer might induce the CBD to do it.

Before everyone starts climbing all over me... that's just the way lawsuits work... lots of give and take from all parties in the suit. It should be expected, even planned for.

For better or worse, there are three ways for the biological opinion lawsuit to end…

1. The injunction remains and the lawsuit plays out to the end, testimony is given, expert witnesses are hired, depositions are taken, lawyer fees climb.
2. The parties decide the revisited biological opinion is good enough and dismiss their lawsuit altogether.
3. The parties negotiate a settlement and mutually dismiss the suit.

Vicki