October 6, 2005

Dave Wager
Forest Management Certification Director
Scientific Certification Systems
145 Park Place
Point Richmond, CA 94801

Dear Dave:

On behalf of the board and staff members of the Friends of the Boundary Waters Wilderness, I urge you to deny certifying Minnesota state forests until off-highway vehicle (OHV) management on state lands is strengthened, namely through the repeal of the 2005 OHV law permitting unregulated riding north of U.S. Highway 2.

The Friends of the Boundary Waters Wilderness views responsible management of OHVs as a cornerstone of the certification process. If not forced to rein in reckless riding as part of this process, the condition of Minnesota forests will only worsen. Denying certification until the Minnesota Department of Natural Resources implements more sensible OHV management on state lands would be an appropriate step to ensure Minnesota’s state forests are sustainably managed.

During Scientific Certification Systems’ scoping visit to Minnesota in July 2005, its follow-up report repeatedly cited OHVs as a source of concern regarding certification. In three instances, Scientific Certification Systems said in the report that the DNR’s policy on OHVs violated or fell short of the certification guidelines. These citations are listed below:

Page 9 – Principle 1 – legal/regulatory compliance

“Indicator 1.5(a): Unauthorized/illegal ATV use constitutes clear nonconformance with this Indicator; since this is the only Indicator for this Criterion, it raises a question whether or not conformance to Criterion 1.5 will be confirmed during the full evaluation.”

Page 14 – environmental impacts & assessments

“With respect to Criterion 6.5 (environmental protection guidelines)…control of “access to temporary and permanent roads to minimize significant adverse impacts.” The issue of uncontrolled and unauthorized ATV use, arising first in Principle 1, will also be of direct pertinence to the full evaluation team’s assessment of conformance to this Criterion. Generally, MDNR should be prepared to present all available evidence that its road management and motorized vehicle management policies, efforts and programs rise to a level of sufficient conformance to this Criterion.”

Page 16

“… it is quite likely that one or more CARs would be issued to address specific gaps such as with regard to forest reserves, road management, and management of ATVs.”

There are several reasons that the 2005 OHV law should be reason alone to deny certification to Minnesota state forests. Under the law, ATVs, dirt-bike motorcycles, and 4x4 “mudder” trucks will be allowed to ride virtually anywhere on 74 percent of state forest lands. Any rider created trail would qualify as a “designated” route and therefore be open to additional riders. This type of unregulated riding is clearly non-compliant with the principles guiding forest certification.

The current Minnesota OHV law spreads non-native invasive species.

By allowing OHVs to ride off designated trails, species that find their way into OHV wheel treads will spread further and faster across the forest. The most notable and troublesome non-native invasive species in Minnesota state forests spread by OHVs include European earthworms, the Asian longhorn beetle, and the emerald ash borer. As these species land in foreign territory, they reduce the productivity of timber stands. Invasive plants, like spotted knapweed, are spread by seeds caught in OHV wheel treads and pose serious problems to seedlings as they compete for sun and water. Timber companies require OHVs to stay on designated trails to preserve their forest stands, and it would seem like a logical practice to emulate on state lands.

The current Minnesota OHV law destroys seedlings.

For timber companies which allow OHV riding on their private lands, the vehicles may only ride on designated trails. The companies restrict riding so as to prevent seedlings from being trampled under the weight of a 900-pound ATV (the heaviest allowed under Minnesota law). This practice makes sense on private lands, and it should be extended to public lands. However, under current Minnesota law, seedlings planted by the DNR will be subject to unnecessary harm or destruction.

The current Minnesota OHV law damages the soil.

The sheer size and weight of OHVs poses serious problems to the soil in Minnesota state forests. When soil is compacted by an ATV, there is less oxygen in the soil, the soil is drier, and less water can penetrate the soil. All of these factors contribute to less suitable conditions for seedlings and damage the tree roots of more mature trees that otherwise may have been slated for logging. Under the current Minnesota OHV law, these conditions will persist if not be exacerbated.

The current Minnesota OHV law threatens ground-nesting birds.

Several bird species nest on the forest floor and will see their habitat and their populations harmed if not destroyed under the new Minnesota OHV law. Ground-nesting songbirds are of particular concern. These species already are susceptible to predators by nesting on the forest floor and would a greater decline with more OHVs riding off designated trails. Moreover, songbirds eat insects that otherwise eat leaves and lower the productivity and yield of trees. It would only seem logical for the state to ensure the best and strongest trees be spared from the consequences of unregulated OHV riding on Minnesota state forests.

These concerns are very serious, and I hope that you give them careful consideration before issuing a decision on the certification of Minnesota state forests. Thank you for your time.

Sincerely,
Sean Wherley
Communications Director

cc: Gene Meriam, Commissioner, Minnesota DNR
Andrew Arends, Forestry Program Coordinatior, Minnesota DNR