THE OHV DILEMMA

by John Koleszar

I have been working for the past two years on a committee that has met for the purposes of trying to regulate OHV use, and to establish a fee system as well as a fine system for violations. Last year, our group put together a bill that was ultimately defeated in the legislature, and this past summer, we worked hard at coming up with a new proposal that would meet everyone’s wish list. During the summer, a group of the OHV organizations met in Springerville to come up with a final plan that we could again take to the legislature. That plan was unveiled in August at another OHV committee meeting, and quite frankly was less desirable than last year’s effort. At that point the Arizona Game & Fish Department held public meetings to let the public comment on the findings of our group. The meetings certainly were interesting, and the results were all over the board. Some folks want to pay nothing, use everything, and worry about nothing… their opinion thankfully will have little bearing. Most folks agreed that SOMETHING needed to be done, and that piece of work has been assumed by Representative Jerry Wiers. Representative Wiers has long been a sportsman’s advocate in our legislature, and this year he has put his efforts towards creating a piece of legislation that will have some teeth, and create some monies that are desperately needed.  

One of the key pieces in the legislation deals with having “open” or “closed” roads. Closed sounds good on paper, but in reality, the effect would again be almost nothing. I had several conversations with Wildlife Managers from across the Rim Country, and they all said that the problem that currently exists is that “Closed” signs disappear on a frequent basis…and they expected signage to disappear during holiday week-ends. The only real solution is to have all roads considered “Closed” to OHV traffic unless they are marked “Open”. Future National Forest plans seem to indicate that they are planning to utilize this philosophy for the future. In discussions with several National Forest representatives, the biggest hurdle at this point is that they are going through their rule process, and they do not feel that their results will be finalized before 2009. In other words, we have at least two more years of rampant wildcat roads being open, and little or no prospects of that changing.   

The funding sources for OHV management have long been a topic that has met resistance from many camps. No one wants to pay for having the privilege of riding all over our beautiful state. Some folks say that these are public lands, and that it is their right to ride wherever they want. Other folks claim that they are already street legal, and they should not have to pay any more for the right to ride where they want. Representative Wiers bill would do away with a license vehicle tax that currently will cost a new quad owner around $200.00, and instead would cost $50.00 the first year, with each year thereafter being only $20.00. For the public that sounds like a great deal, and it is… except that by most estimates only 10% of all OHV’s are registered. The bill would require ALL OHV’s to become registered, and that would be the cash cow that is needed to get education, law enforcement, mitigation of damages AND new trails put in place. The responsible members of OHV groups have rallied to support the legislation, and everyone agrees that something needs to be done. The bill is in the process of having the language created, and hopes are high that we will have something in place soon.

 Until then we have another year of increased numbers of OHV users going up north every week-end for their recreation. By estimates of the Dealers Association of Arizona, each month 5,000 NEW quads are being sold. Each passing week-end we see more trailers heading for the high country with their new vehicles in tow.  Normally I do not begrudge anyone wanting to enjoy the high country as a place to relax. The problem is not the conscientious person who rides on forest marked roads. The problem is the road warriors who want to “Go where no man has gone before”. I will cite a simple fact. Suppose a hunter goes across a meadow to help retrieve a downed big game animal. Sounds legal, and it is… the next day, an OHV rider sees the path that the truck took, and goes across the meadow as well. Under our current laws, he is guilty of nothing. The second, third and multitudes of others are free to travel on already established paths… Where is the justice in that?

 I will leave you with this thought. I go up north to escape from the noises, and crowding of life in the city. I enjoy the solitude, I enjoy the quiet and I enjoy seeing wildlife that I can use my god given skills to come close enough to see them in their element. I love becoming part and parcel of the outdoors. Nothing that I do diminishes the enjoyment of the OHV crowd. Everything that the OHV crowd enjoys diminishes my experience. While they have their right to recreate, where are my rights to recreate as well?

For more information, visit the AGFD website: http://www.azgfd.gov/outdoor_recreation/ohv_legislation.shtml

Update 3/26/07:

It is important that members of the Legislature understand the importance of this bill to sportsmen. The bill is supported by all stakeholders involved in the process including sportsmen, the Off Highway Vehicle Users Coalition, the OHV manufacturers, Game & Fish and State Parks. For a description of bill provisions please go the Legislature's web site at http://www.azleg.gov/ and type in the bill number (hb2443). You will also find email addresses for Legislators on the website.

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