DECEMBER 1, 2007:   PLEASE SEE 

FINAL UPDATE

 

THIS PAGE IS UNDER CONSTRUCTION.  UNTIL I GET A CHANCE TO REVISE IT, HERE'S THE LOWDOWN.  THE FOLLOWING E-MAIL WAS SENT THIS MORNING (7/24/07):

LIFE THREATENED BY LAWBREAKING ORVS IN BLM HALEY HILLS

TO:

Dan Urquidez (AZ Game & Fish)    Troy Christensen (AZ Game & Fish)
Patrick Brasington (BLM)                Dale Carpenter (BLM)
Kevin Harper (BLM)                         Jack Ragsdale (BLM)
Melinda Mahoney (BLM)                  Pinal County Sheriff Deputy Puroll

 

 Gloria

Dear Public Servants:

Gloria’s life is in grave danger and you can do something about it.

As you know (if you read my most recent report), a desert tortoise (Gloria) and burrow were recently located less than three feet from the north lane of the east Vekol wash in the Haley Hills BLM land.  If any of you did not receive my report with the accompanying photographs, you can see it in its entirety at http://www.judykennedy.com/haleyhillsreports/july102007.htm.) 

Over the weekend, we saw heavy illegal ORV activity in the Vekol wash and right next to Gloria’s burrow.  Here’s a photo of some of these illegal tracks – several ORVs and a full size vehicle, probably a truck:

The broom brush branch you see sticking out front left in the photo is in a cluster of bushes on the north bank of the Vekol less than 3 feet from Gloria’s burrow.

Existing laws prohibiting this activity should be enforced.  More protection has been provided to areas designated as critical habitat, even with no known tortoise sighting.  But here we have a known living tortoise with a confirmed burrow recently sighted -- a tortoise that could be a breeding female on top of that.  While the Sonoran Desert population of this species is not listed as threatened at this time, the reality is that the life of this individual tortoise is extremely threatened, perhaps along with the lives of several others in the Haley Hills given my previous documented sightings of 3 additional tortoises and many suspected burrows.   

I am asking that immediate measures by AZ Game & Fish and/or the BLM be taken to protect Gloria.  I know that whatever measures are taken will be temporary until better solutions to this problem are established.  I also know that your time and resources are limited but something needs to be done now given the urgency of the situation and the immediate risk to Gloria’s well-being.

Ideally, the 3 major access points to the east Vekol wash illegally used by motor vehicles should be barricaded.  We know that these barriers will not prevent all ORVs from entering the area, but it will discourage a great number of them, and therefore significantly reduce the threat to Gloria, other wildlife, and this sensitive xeroriparian ecosystem.  Until these entrances are blocked, the section of the north lane of the Vekol wash next to Gloria’s burrow should be made completely impassable to motor vehicles.  I propose installing T-posts at approximately 2 feet intervals across the lane in 2 rows -- 1 east and 1 west of the burrow location.  This will stop motor vehicles, but will not disrupt the flow of flood water or wildlife activity in the wash. 

As you also know, I’m more than happy to continue assisting and volunteering my time and resources towards these efforts if given the green light from one of your agencies.  This is public land – my land and your land.  As public servants, it is your primary responsibility to respond and act accordingly.  If you have other ideas concerning this issue or can recommend a more effective plan of action, please let me know as soon as possible.  Thank you for your time and attention to this matter.  I look forward to hearing from you very soon.

For Gloria and the Haley Hills ,

Judy Kennedy

P.S.  Please watch the video Desert Tortoise in the Wild starring Gloria.  My website www.judykennedy.com is undergoing a major makeover and will be principally dedicated to the Haley Hills issue.  A more comprehensive photo gallery and additional videos will be major features.  I will also include links to yours and other websites relevant to this issue with special focus on the natural history of the Sonoran Desert and this area in particular.

 

What you permit, you promote. 

 

- - Rick Lint, District Ranger, Ocala National Forest

The Haley Hills

copy to:

Karen Kelleher (BLM)
Elaine Zielinski (BLM)
Teri Raml (BLM)
Byron Lambeth (BLM)
Gary Hovatter (AZ Game & Fish)
Marty McDonald (City of Maricopa )
Kent Taylor (Pinal County)
David Snider (Pinal County)
Chris Kassar (Center for Biological Diversity)
Arizona Herpetological Association
Arizona Partners in Amphibian and Reptile Conservation
Tucson Herpetological Society
Phoenix
Herpetological Society
Desert Tortoise Council
Sierra Club ( Grand Canyon Chapter)
Field Herp Forum

THEN THIS E-MAIL FOLLOWED IT:

the legal aspect of the Haley Hills / Gloria problem

Dear Folks,
 
It was just brought to my attention that there may be some confusion as to what makes the ORV activity in the Vekol wash and other parts of the Haley Hills "illegal."
 
Long ago, I contacted the BLM regarding this, and received this answer from one of its managers, Karen Kelleher:
 
Hi Judy,

All BLM lands in Maricopa & Pinal counties is "limited", that is all
vehicles are required to stay on the roads.  Vehicles may pull up to 50
feet off the road to park in already disturbed areas, but please avoid
undisturbed or vegetated areas.

__________________________
Karen Kelleher
Sonoran Desert National Monument Manager
21605 N. 7th Avenue
Phoenix, AZ 85027
623-580-5566
There is only one road on this BLM land and that is an old dirt road previously used by a rancher that formerly leased the western half of the parcel.  It crosses the Vekol wash one time and continues north a ways before it dead ends.  ORVs use this road to gain access to the area but they do not stay on it.  The majority of ORV tracks are found off the road and in the Vekol Wash. 
 
I also understand that in the state of Arizona, ORV traffic in dry washes is legal except for Pima County which has an ordinance against it.  However, this portion of the Vekol Wash is on the BLM land with the "limited" classification, and federal law supercedes state law.  In addition, there are signs posted right in the middle of the wash by Arizona Game & Fish at the two entrances most used by vehicles that clearly read "no motorized vehicles" and "not a road."  These signs are largely ignored.  
 
While I am not an attorney, this was the law when I last checked.  If it has changed since then or if anyone has any information to the contrary, please feel free to let me know. 
 
Thanks again, 
 
Judy Kennedy

I'LL POST THE OUTCOME WHEN RECEIVED.  MEANWHILE, IF YOU'D LIKE TO SPEAK UP FOR GLORIA, PLEASE CONTACT THE BLM AT THIS ADDRESS:

BLM Phoenix Field Office
21605 N. 7th Avenue
Phoenix, AZ 85027
Attention SDNM-Phoenix South Plan

Email comments may be sent to:

az_sdnm_phx_south@blm.gov

THANKS!  HERE'S MORE PHOTOS:

IMG_2590.jpg (218069 bytes)   IMG_2605.jpg (142670 bytes)   IMG_2607.jpg (176571 bytes) 

 DESERT TORTOISE LINKS ON THE WAY...

 

 

 

 

   

 

 

               

 

 

 

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