ACTION ALERT
San Diego Action Alert - Cleveland National Forest Proposed Closures
Your Comments Needed By January 31st
Proposed Seasonal Closures Effect Climbing Opportunities in the Cleveland National Forest including Climbing at Corte Madera, Rock Mountain and Eagle Peak.
The Cleveland National Forest announced proposed seasonal closures to protect Golden Eagles, Prairie Falcons, as well as other cliff-nesting species. The proposed closures would be in effect from December 1 – May 30 and would include the popular climbing area Corte Madera Mountain.
Your voice and comments are needed now to minimize or eliminate these restrictions at some of San Diego’s most valuable winter climbing areas. The information can be found at: www.fs.fed.us/r5/cleveland/news/2007/01/seasonal-closure.shtml and www.fs.fed.us/r5/cleveland/projects/projects/seasonal-closures/index.shtml
Here are some points you may wish to include in your comments:
1.state why climbing at these areas is important to you.
2.The closure of public land by federal land management agencies is an extreme measure, and should only be initiated through clear legal authority and documented scientific need.
3.Such broad seasonal closures are not necessary, especially since there is no evidence that recreational users are impacting the raptors.
4.Neither the Golden Eagle or Prairie Falcon is listed species under the Endangered Species Act.
5.The Golden Eagle is a Bird Species of Special Concern in California (California Department of Fish and Game); any closures to protect the Golden Eagle should be scientifically based and well-monitored.
6.The Prairie Falcon is not a federally or California listed Endangered or Threatened Species and has no special U.S. Forest Service protection. In fact, according to the Peregrine Fund, the Prairie Falcon is categorized as a species of "Least Concern" by BirdLife International.
7.The USFS states, the “San Diego County (Prairie Falcon) population appears to be stable (Unit 2004)” prior to the proposed action; there were no climbing restrictions when this assessment was made. Therefore there is no proof that recreational climbing has had any negative effect on the Prairie Falcons.
8.The Cleveland National Forest does not indicate which raptor species are present in the proposed area closures, the presence of raptor nests, nor gives any indication that consistent monitoring of fledging success has been performed and recorded. Not enough information is known to make a scientific evaluation of rock climbing’s impact on the success or decline of the raptors.
9.There is no know precedence of invoking the Migratory Bird Treaty Act (MBTA) Cleveland National Forest Management Plan as the legal authority for the closure of public lands to protect raptor habitat.
10.The Migratory Bird Treaty Act (MBTA) is a criminal environmental statute, whose original intent was to put an end to the commercial trade in bird, not to prohibit recreational activity, and that applies to populations not individuals.
11.Because the definition of “take” in the MBTA does not include “harm” or “harass,” as does the Endangered Species Act, nor does the MBTA or its regulations make any mention of habitat modification, the application of the MBTA to habitat destruction or other indirect take is unclear, and should therefore not be the basis for a closure.
12.Part 3 Standard 18 of Cleveland National Forest Land Management Plan (USDS Forest Service 2005) is not the appropriate standard to serve as legal authority because Part 3, Standard 18 relates to Heading “Fish and Wildlife Standards,” Subheading, “When Implementing All Activities.” Standard 18 relates to proposed USFS activities, not existing recreational activities. Standard 34 “When Implementing Recreation Activities” is the correct legal authority. Standard 34 applies only where a “threatened, endangered, proposed, candidate, or sensitive species” occurs in a proposed recreation area. The Prairie Falcon is none of these.
13.Cleveland National Forest Land Management Plan Appendix D states that management actions are to be implemented in the order of: education; perimeter control; management presence; redirection of use – if appropriate) unless analysis of the conflict clearly indicates that a stronger measure is immediately necessary. These proposed closures bypassed education, perimeter control, and management presence without a showing that stronger measures were immediately necessary.
14.Any closures for which there is legal authority should be implemented only if nests are observed and should be limited to a reasonable 330-foot buffer. This compromise would allow recreation to continue while the USFS can monitor and better determine fledging success rates.
15.Your respect to the wilderness and commitment to access and conservation.
16.Your willingness to help with monitoring.
17.Contact info (include name and email)
Your comments may be sent through the mail to the following address:
Kirsten Winter
Cleveland National Forest
10845 Rancho Bernardo Rd #200
San Diego, CA 92127
or via email to:kwinter@fs.fed.us