It has taken me a lot longer than I anticipated to get this post done. Just before finishing and publishing it, I was informed there are some actions people can take regarding the Board of Game. Those opportunities are coming up soon. I have added that information to the bottom of this post.
You’ve probably heard about the damage done to the Pinnell Mountain National Recreation Trail and its environs by off-highway vehicles during the first few days of the August-September Fortymile Caribou Herd hunt. I have been researching the issue and trying to figure out solutions to avoid similar situations in the future.
It’s complicated.
If you haven’t heard about what happened, here are a number of places to read or hear about it:
- Interior Trails Newsletter story
- KUAC
- Fairbanks Daily News-Miner
WINTER HUNT
A winter hunt of the Fortymile Caribou Herd started Oct. 27 and will last into March. It has a 5,000-animal quota and a two-caribou-per-hunter bag limit. These generous limits are the same as what contributed to the problems in August. However, the winter hunt is typically less popular. The ground is now frozen and snow-covered. Hopefully, these conditions will reduce the impact of any hunters on ATVs in the area of the Pinnell.
WHY SHOULD PEOPLE CARE?
The Pinnell Mountain Trail is a 27-mile, point-to-point trail north of the Steese Highway. It is the only land-based – and one of only two – National Recreation Trails in the Interior. It draws a lot of attention, nationally and even internationally. You can often find hikers and backpackers there from other states and nations.
Many locals have a personal connection with the Pinnell Mountain Trail and were upset, even outraged, by what happened. But other people, even those in the Interior, have only a vague notion of the trail or might not know about it at all. Protecting the trail and its surrounding is important for trail users, but it goes beyond that.
The damage done was bad for several reasons.
- It looks horrible, which negatively affects the experience of the people using the trail and area.
- In some areas the trail was damaged to the point of making it hard to use.
- ATV tracks could lead people astray. (After the damage was done, some people got lost for a bit because they accidentally followed ATV tracks when trying to follow the Pinnell in bad weather.)
- It has an environmental impact, including possibly ruining bird nesting areas.
- It is a reflection on us as stewards of the trail and its surrounding land. This is especially important for those hoping a growing outdoor tourism industry can help our struggling economy.
WHAT HAPPENED? WHAT DO TO IN THE FUTURE?
I have talked to several key people to understand what happened and how it can be avoided in the future. Those I have talked to include:
- Geoff Beyersdorf, District Manager, Bureau of Land Management (BLM) Fairbanks District Office
- Dianna Leinberger, Natural Resource Manager, Alaska Department of Natural Resources (DNR)
- Doreen Parker McNeill, Regional Management Coordinator, Alaska Department of Fish and Game, ADF&G
- Lieutenant Justin Rodgers, Deputy Commander – Fairbanks, Alaska Wildlife Troopers
Could What Happened Have Been Avoided?
What happened to the trail and surrounding area was a travesty. Was it avoidable? Probably. Or at least some of it. But it would have taken a lot of foresight by a lot of people as well as a lot of coordination between three or four government agencies: BLM, Alaska Department of Natural Resources, Alaska Department of Fish and Game, and the Alaska Wildlife Troopers. Even had there been more foresight and planning, there’s no guarantee the damage wouldn’t have happened.
Response to the Hunt Opening
For the August hunt, BLM and the Troopers did have a presence in the area and made efforts to educate the hunters. There have been criticisms from inside and outside of BLM that it didn’t do enough. Last year, BLM staff identified the hunt as a problem in regard to the Pinnell Mountain Trail and its users. Could more have been done? Probably. Geoff Beyersdorf admits to that. But a lot was done.
- BLM had three rangers out there, which includes one pulled from Glennallen
- Fencing and informational signs were erected at the two Pinnell Mountain trailheads.
- Carsonite posts (flexible brown markers) were placed to mark the trail easement boundary. (Though these are hard to see so their effectiveness is probably limited.)
- The Troopers had five people in the area during the opening.
There were some particular challenges for law enforcement, including:
- Hordes of hunters, drawn in part by the large quota (5,000 caribou) and a two-caribou-per-hunter bag limit. Some hunters were inexperienced. Many were not from the Interior.
- At least one search-and-rescue happened the first day or two, which took a lot of staff time.
- Hunters are able to access the area – including the Pinnell Mountain Trail – from places other than the trailheads, especially in the Eagle Summit area.
- Running an ATV off-trail on state land in that area is not illegal. I’ll explain more about that in Possible Solutions – Longer Version.
Response to the Damage
The agencies involved, especially BLM, responded quickly to the reported damage. BLM staff members went out and documented the damage. They also tried to mitigate some of the damage, including clearing parts of caribou carcass left on and near the trail from the hunt.
BLM has taken the lead in trying to get the agencies to work together to avoid this situation in the future. In addition to working with agencies, BLM has also communicated in a variety of ways with members of the public who have expressed their concerns. Geoff Beyersdorf has said BLM plans to do remediation work next year, probably with the help of volunteers.
Members of the public also voiced their concern to ADF&G through the Fairbanks Fish and Game Advisory Committee at the committee’s October 14 meeting. I wasn’t able to attend that meeting, but KUAC reported on it. On that report, Board of Game member Larry Van Daele said he thought education and peer pressure were the most effective tools, but he also indicated that ADF&G might be able to use its regulatory power to help solve the problem.
“We could limit the number of people who go to certain areas at certain times and so forth,” he said.
POSSIBLE SOLUTIONS – SHORT VERSION
From the research I’ve done, here are the most likely solutions, starting with easiest and most likely (not necessarily the best). More than one could be implemented. These all have advantages and disadvantages that I will explore in my Longer Version.
- Keep things as they are but increase hunter education about the Pinnell Mountain Trail and its easement.
- Have permits for the hunt be released on a more controlled basis, instead of all at once.
- Have the area north of the Steese Highway in the Pinnell Trail area be designated as a non-motorized hunting area for the caribou hunt.
- Have the land north of the Steese Highway in the Pinnell Trail area be designated as a non-motorized Special Use Area.
- Institute a land swap in which BLM would get more of the land over which the Pinnell trail crosses in exchange for land elsewhere in the state.
- Create a non-motorized corridor along a portion of the Steese Highway, similar to what is in place along the Dalton Highway.
The first solution is basically the status quo. I think 2, 3, or 4 would be most likely and provide better protection for the trail and its environs. However, each solution may have negative consequences elsewhere, which I’ll address later. In any case, Pinnell Mountain Trail advocates need to step forward and organize an effort to lobby for whatever solution is deemed best. (I have more information on how to act at the bottom of this post.)
The different agencies are looking into solutions, but there will probably be resistance to any changes. For example, some people will probably argue that much of what happened was not that bad. Not everyone agrees that tire ruts on tundra look bad. Or they might think the ruts are not great, but that it’s a small price to pay for greater access to the land and/or the caribou. So, there will be parts of the public who say the negative consequences of any of the solutions are not worth what’s gained.
BLM Transportation Plans
Sections of the Pinnell Mountain Trail are in the North Unit of the Steese National Conservation Area. BLM is currently working on the White Mountains and Steese Transportation and Travel Management Plans. These plans will address both motorized and non-motorized access, allowable types of motorized and non-motorized use, road and trail networks, travel on Birch Creek and Beaver Creek and conflicts between user groups. To find out more about those plans see here.
POSSIBLE SOLUTIONS – LONGER VERSION
Solutions to this problem are complicated in large part because there are three different agencies involved. Each oversees different aspects involving the Pinnell Mountain Trail.
BLM and the TRAIL
The federal Bureau of Land Management oversees the trail, but it is not entirely on BLM land. Key parts of it, especially either end, are on land overseen by the Alaska Department of Natural Resources. The trail has a 100-foot non-motorized easement over that land for the trail. Most of the rest of the trail runs along a border between state and federal land. This map helps explain that aspect of the situation. You can see where the trail runs along the boundary of state land and the Steese National Conservation Area, North Unit. And this map shows the wider area and the associated land managers/owners.
DNR and the LAND
The Alaska Department of Natural Resources oversees much of the land the trail runs across. That land is not under any specific restrictions, so off-road/trail motorized use is allowed under the state’s Generally Allowed Uses. There are some caveats with that last statement, but they are complicated. See below for more.
ADF&G and the HUNTERS and CARIBOU
The Alaska Department of Fish and Game oversees the popular Fortymile Caribou Herd, including when people are allowed to hunt the caribou and how many caribou can be taken. It was the August-September hunt that drew so many hunters to the area when the damage occurred. Most of the damage was done in the first few days of opening.
STATE TROOPERS
Alaska State Troopers and Alaska Wildlife Troopers provide enforcement for DNR and ADF&G. While in the field Troopers must make determinations about whether to ticket or arrest someone for violations of the law. Some acts are obvious violations, some are not.
OTHER PLAYERS
Besides the agencies, there are others involved: hikers and backpackers, hunters, and ATV users. Miners, too. There are mining claims in the area, so miners would be affected by some of the possible solutions. Any workable solution will probably have to involve all the agencies and players.
(I include only hikers and backpackers as trail users. The Pinnell is open to all forms of non-motorized use, but it is almost entirely used by hikers and backpackers. A few hardy runners use it. It’s been done on bike. I wouldn’t recommend it. I’ve tried it. It’s brutal.)
AGENCIES HAVE DIFFERENT MANDATES
Any solution will have to take into account the different mandates by the separate agencies. Many people outraged with what happened are focusing largely, even entirely, on the Pinnell Mountain Trail and scenic quality of the land around it. But there are other considerations.
BLM
In regard to the Pinnell, BLM manages it for hikers, so it’s focus is on preserving the trail and the experience of hiking the trail. BLM’s mandate is not an issue here. Rather, it is the lack of control the agency has over several aspects.
ADF&G
ADF&G manages the Fortymile Caribou Herd for a maximum sustainable yield. Any solution should not greatly hinder the department’s ability to do that.
ADF&G takes its direction from the Alaska Constitution. While people may disagree about how that mandate is implemented, the department must follow it. (The department has info about “Constitutional Authority” here. The full Alaska State Constitution is here.
The Fortymile Herd had a low population for many years. The ADF&G instituted predator control programs and low hunt quotas in an effort to grow the herd. The herd has grown in recent years. Biologists with ADF&G have been seeing signs that the herd may be “nutritionally stressed,” which means the population may be getting too large for its range. The department wants to make sure the herd population doesn’t get so large it crashes.
For 2020 the department wants to reduce the herd by 10,000 animals. That’s the reason for the large quotas of 5,000 animals during the fall and winter hunts. For more details, Eddie Grasser, Director of Wildlife Conservation, wrote an article about management of the Fortymile Caribou Herd in the Fall 2020 issue of Outdoor Alaska, the newsletter of the Alaska Outdoor Council.
(I’m not going to go into all the disputes about whether and how a caribou herd should be managed. Scientists, managers, and wildlife advocates have been arguing about that for years. At minimum, wildlife management is not an exact science.)
So, the ADF&G would understandably oppose any solution that would hinder its ability to manage the herd. The Steese and Taylor highways provide the easiest access for hunters to the herd, with the Steese being far closer to population centers than the Taylor. Much of the herd’s range is in areas difficult to access. So, the department has to take that into consideration when faced with any proposal that would restrict access to hunters.
ALASKA WILDLIFE TROOPERS
The Troopers are focused mainly on safety, then on the worst violations. For hunt openings, after safety, they are focused on making sure people are hunting legally. They also want to make sure people are not wasting meat, which is illegal. Even if the damage being done to the land was outright illegal, it would rank below those other things. But trying to enforce damage done to the land based on the state’s Generally Allowed Uses, is complicated.
While Lieutenant Rodgers did not advocate for any solution, he did agree that any solution that banned off-trail motorized use north of the Steese, such as a nonmotorized Special Use Area, would be the simplest thing for the Troopers to enforce. Any vehicle off-trail on that side of the highway (outside of parking lots or other designated areas) would be in violation.
DNR
DNR manages land for all Alaskans, not just hikers. So, any restriction to land near the Pinnell will need to come with strong justifications, preferably more than just scenic values. DNR does have regulations that seem to ban use of ATVs off trail if they cause rutting, but it’s not that simple.
Generally Allowed Uses
Under the state’s Generally Allowed Uses a highway vehicle up to 10,000 pounds and an all-terrain vehicle up to 1,500 pounds can be used off-road if that use “does not cause or contribute to water quality degradation, alteration of drainage systems, significant rutting, ground disturbance, or thermal erosion.”
This is clear if someone is driving a bulldozer with the blade down across the tundra. But it gets trickier when dealing with smaller vehicles and damages. DNR does not have enforcement officers, so it is up to Troopers to enforce this in the field. It doesn’t take much thought to realize this would have been difficult during the caribou hunt. Among other things, just consider the term “significant rutting.” How much is significant? What happens when each user makes the ruts just a little worse? Who would be at fault?
It’s pretty clear, Troopers would pursue this only if it is a blatant violation. Oh, and I haven’t gotten into the difficulty of prosecuting such a violation. The Generally Allowed Uses basically says you need a permit if you want to do any of the things that are not allowed. If someone does so without a permit, the state has to prosecute by bringing second-degree trespass charges. It’s time-consuming and difficult to prosecute. DNR has had little success in prosecuting such charges in regard to off-trail vehicle use.
So, it’s clear that stronger enforcement of the Generally Allowed Uses is not the proper tool in coming up with solutions for what happened to the Pinnell Mountain Trail.
Mining Claims
DNR also has to keep in mind that there are a bunch of mining claims between the Pinnell Mountain Trail and the Steese Highway. Miners need to be able to access those claims. I do not know all the laws regarding mining access.
POSSIBLE SOLUTIONS – ADVANTAGES AND DISADVANTAGES
STATUS QUO WITH TWEAKS
Keep things as they are but increase hunter education about the Pinnell Mountain Trail and it’s 100-foot nonmotorized easement. Also try to educate hunters that off-trail rutting is not allowed under DNR’s Generally Allowed Uses. And have BLM and the Alaska State Troopers coordinate to have adequate enforcement in the area during the hunt.
Advantages:
- No major changes required.
Disadvantages:
- Limited staffing. Law enforcement personnel can still get overwhelmed, as happened in August. (On the state side, staffing might become even more limited if the state budget is cut further.)
- For enforcement, damage to the land comes in behind other things, such as safety, illegal take of game, and wanton waste of meat.
- Education about the trail and land use is buried amid education about proper hunting procedures.
- The same situation could still occur. It probably wouldn’t happen the same way, but staff in the field could still get overwhelmed.
CONTROLLED RELEASE OF HUNTER PERMITS
The Alaska Board of Game can allow ADF&G staff to release hunter permits on a more controlled basis instead of all at once.
Advantages:
- Would be a more controlled hunting situation, so should be easier for law enforcement patrol and could allow for more complete hunter education.
- Should improve hunter safety as it would avoid the situation in August (not to mention the safety of any hikers who happen to be on the trail during the opening days).
- Would reduce an “Oklahoma Land Rush” mentality in which hunters feel like they need to act quickly or lose out.
Disadvantages
- ADF&G may not agree if it feels it will hinder management of the Fortymile Herd.
- Some hunters may oppose such restrictions if they don’t feel what happened at the August hunt was a problem.
NON-MOTORIZED HUNT AREA
Some of the state land north of the Steese Highway near the Pinnell Mountain Trail could be designated by the Board of Game as a Controlled Use Area that prohibits hunting, including hauling game, with motorized vehicles. There are several Controlled Use Areas in Alaska.
Advantages:
- Would reduce ATV activity associated with the hunt because hunters would not be able to use motorized vehicles for hunting.
- Most likely would stop what happened in August – in regard to the land damage – from happening again.
- Would be far easier for Troopers and BLM rangers to enforce than the Generally Allowed Uses, though only in regard to hunting.
Disadvantages:
- Some hunters who use ATVs may oppose such a designation.
- ADF&G may not agree if it feels it will hinder management of the Fortymile Herd.
- Such a designation would still allow for motorized use beyond hunting, such as checking out the area beforehand or just recreating in the area.
- May increase ATV use in other areas, such as in the White Mountains National Recreation Area, along the Taylor Highway, and south of the Steese Highway (an ATV trails has already developed partway along the ridge to Mastodon Dome in the past 10 years).
SPECIAL USE AREA
Some portion of state land north of the Steese Highway in the area of the Pinnell Mountain Trail could be designated as a Special Use Area. In such an area, motorized use could be prohibited for the entire year or a portion of the year. (Info on state special use areas: http://dnr.alaska.gov/mlw/sua/).
ATV use on or near the Pinnell Mountain Trail has not been a widespread problem outside of recent popular caribou hunts, but the creation of new informal trails may encourage more non-hunting ATV use in the area. Time will tell.
While such Special Use Areas can be designated for scenic or recreational purposes, they must go through a public process, so having more reasons would bolster the argument for an SUA.
Access to mining claims in the area would have to be taken into account.
Advantages:
- Would stop the use of ATVs, and the subsequent rutting, on and around the Pinnell Mountain Trail, assuming motorized use is banned all year (or, at least, during significant times of the year). Snowmachine use, which is allowed in the area now, could be allowed after there is enough snow.
- Would help ensure a certain kind of “wilderness” experience for Pinnell Mountain Trail users.
- Would be the one of the easiest solutions for Troopers and BLM rangers to enforce.
Disadvantages:
- Some ATV users, whether hunters or not, may oppose such a designation.
- ADF&G may not agree if it feels it will hinder management of the Fortymile Herd.
- ATV users would presumably go elsewhere, which may or may not be what people want. I’ll point again to the Mastodon Dome ridge.
LAND SWAP
BLM and DNR could swap land so that more or even the entirety of the Pinnell Mountain Trail is under BLM jurisdiction. While this is possible, it is unlikely, according to Monica Alvarez, the state Resource Assessment & Development Section Chief.
“From my experience land exchanges are very expensive and rarely succeed,” Alvarez wrote in an email. “The state does not entertain a land exchange unless there is a real need or benefit to the state. Usually these exchanges are driven by an applicant that presents a proposal that highlights the benefits.”
Alvarez provided link to a fact sheet that helps explain the process.
Advantages
- With BLM in control of more land it could increase the non-motorized area around the Pinnell Mountain Trail.
Disadvantages
- Besides what Alvarez wrote in her email, such a swap would have to go through a public process, and some may oppose it.
- Whatever BLM land that is proposed for the trade may have supporters who oppose the trade.
- Mining claims in the area may limit or complicate which land could be swapped.
- ADF&G may not agree if it feels it will hinder management of the Fortymile Herd.
NON-MOTORIZED CORRIDOR
Some have proposed that a nonmotorized corridor be created along a portion of the Steese Highway, similar to the corridor in existence along the Dalton Highway. Details would have to be figured out. How wide would the corridor be? How long would it be? Would it be on both sides of the highway? Would there be motorized right-of-ways allowing access in some areas?
Advantages
- This would presumably stop motorized use along much of the area
- Would be the one of the easiest solutions for Troopers and BLM rangers to enforce.
Disadvantages
- Such as corridor has to be approved by the state legislature.
- Some people already oppose the Dalton Highway corridor, and many would likely oppose a new one along the Steese.
- ADF&G may not agree if it feels it will hinder management of the Fortymile Herd.
- ATV users would presumably go elsewhere, which may or may not be what people want.
WHAT CAN YOU DO?
Join with others
If you want to help with efforts to help protect the Pinnell Mountain Trail, some people are discussing putting a group together. If you are interesting in being involved, contact Karen Brewster at ArcticKB64@gmail.com.
Comment to the Board of Game
The Alaska State Board of Game and the Fairbanks Advisory Committee of the board are meeting soon and will discuss, among other things, the Fortymile Caribou Herd hunt. Karen Brewster recently had a couple of posts on Facebook about it. There are opportunities for people do act. I have copied the posts below with Karen’s most recent one first:
November 4 – post regarding Nov. 9 Fairbanks Advisory Committee
At their November 9th Zoom meeting, the Fairbanks Fish and Game Advisory Committee has on their agenda to discuss Board of Game Teleconference Topics. This includes the Agenda Change Request that Sarah Behr submitted to the Board of Game related to the 40-Mile Caribou Herd and hunt. This is a public meeting and the committee is interested in hearing from folks on this issue and the Change Request. The meeting is at 6:30pm on Monday, November 9. The meeting’s public notice is available at: http://notice.alaska.gov/199913
Here is the information for getting into the Zoom meeting.
November 4 – post regarding Nov. 18 Board of Game meeting
For those who are concerned about what happened at Eagle and 12-Mile Summit in August during the 40-Mile Caribou Herd hunt, the Board of Game is going to meet on November 18th and will consider several topics concerning the 40-Mile Caribou herd/hunt. Of note, they will vote on whether or not to accept Agenda Change Requests at this meeting, which ask the Board to review proposals outside of their regular cycle. Here is the meeting announcement: http://notice.alaska.gov/199948
Sarah Behr from Central has submitted an Agenda Change Request, which proposes to expand Fish and Game’s ability to utilize the targeted hunt option for the entire fall and winter registration hunts and hopefully ensures that the hunt continues to be sustainable and also reduce hunter congestion/chaos.
The Change Request is available here.
The Board will accept written public comment for this meeting. If you feel like the proposal Sarah submitted would result in positive changes, please write the Board of Game and encourage them to accept her Agenda Change Request. Speak to why it should be accepted/what will happen if the issue isn’t addressed now (instead of in 2023, which is when the board is scheduled to discuss the 40-Mile Herd next). If her Agenda Change Request is accepted, the proposal would be reviewed and voted on at the Board’s January or March 2021 meeting. There would be another comment period about the merits of the proposal prior to this meeting as well.
Public comment can be submitted here.
It can also be emailed to dfg.bog.comments@alaska.gov. The deadline for comment submission is November 12, 2020.
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