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SavageSun4x4
02-03-2006, 12:59 PM
Texas has done this:

News Releases:

Media Contact for This Release: Tom Harvey, (512) 389-4453, tom.harvey@tpwd.state.tx.us

Jan. 30, 2006

New Off-Highway Vehicle Decal To Fund Trail Grants

AUSTIN, Texas — As directed by a new state law, the Texas Parks and Wildlife Department is starting a new Texas Off-Highway Vehicle (OHV) Program that requires people who buy a vehicle sold for off road use on public land in Texas to buy an annual decal. Decal sales revenue will fund grants to create or improve motor vehicle parks in Texas.

Decals are not required for OHV use on private lands.

For the first year of the program, the OHV decal will cost $8 and will be current from Jan. 1-Aug. 31, 2006. After the first year, OHV decals will be good from Sep. 1 through the following Aug. 31, matching the TPWD fiscal year.

OHV decals are now available for sale, and game wardens will begin enforcing the new rules. A person caught riding on public land without a decal could be issued a citation and fined.

Decals can be purchased over the phone with a credit card by calling (512) 389-8917. Eventually, decals may be sold over the Internet and at some OHV parks and dealerships.

The 78th Texas Legislature enacted Senate Bill 155 several years ago, which closed all navigable stream beds in Texas, except for some parts of the Canadian and Red Rivers, to motorized recreational vehicles. That law also directed TPWD to “facilitate development of sites for motor vehicle recreation other than protected freshwater areas.”

The more recent 79th Texas Legislature in 2005 enacted Senate Bill 1311, which created the new OHV decal and program administered by the department.

The department administers another grant program that can fund off-highway vehicle projects. The National Recreational Trails Fund (NRTF) is an 80-20 matching grant that requires recipients to provide an amount equal to 20 percent of the federal grant. Funds come from a portion of the federal gas tax generated by gasoline purchases to utilize off-road recreational vehicles, such as off-road motorcycles and all-terrain vehicles. A federal requirement is that 30 percent of the funds be spent on motorized recreational trail projects, 30 percent on non-motorized trail projects, with the remaining 40 percent discretionary.

“There is a growing demand for OHV recreation areas in Texas, and most off-road enthusiasts will tell you there are too few places for people to ride,” said Steve Thompson with the TPWD Recreational Grants Branch in Austin.

“Our agency has been directed by the legislature to provide more OHV opportunities. We want to do that in ways that are safe and environmentally sustainable and that maintain good relations with neighbors and local communities.”

The Barnwell Mountain Recreational Area in Northeast Texas is one example of an OHV venue. The Texas Motorized Trails Coalition has operated the 1,800-acre site in Upshur County since 2000. Facilities include showers, restrooms, an air station, pavilion, office and campsites with R/V hookups and electricity. News articles have quoted local officials in nearby Gilmer praising the operation as safe and positive in bringing economic development to the area.

Relatively few public parks or public lands in Texas currently allow OHV recreation. The department is compiling a list of public parks or land where OHV recreation is legal. Shown below, the list currently stands at 16 locations, but it is expected to change as TPWD gets new information. This list of OHV legal sites is in draft form. The list is expected to be complete later this month will eventually be published on the department Web site.

Eisenhower State Park north of Dallas is the only state park that offers OHV recreation, but only in a 10-acre Mini Bike Park within the state park. TPWD wildlife management areas are not open to recreational trail riding; however, ATV use by people with disabilities who have an official placard or license plate is allowed for them to travel to and from hunting or fishing locations in WMAs.

Goals of the new OHV program are to establish and maintain a public system of trails and other recreational areas for off-highway vehicles, improve existing trails and other recreational areas and foster responsible use of off-highway vehicles.

The legislation defines “off-highway vehicle” as either (1) an all-terrain vehicle, as defined by Section 663.001 of the Transportation Code; (2) an off-highway motorcycle; or (3) any other four-wheel drive vehicle not registered to be driven on a highway.

The new decal is required for any OHV operating in Texas on public land or on land purchased with grant funding from TPWD.

Sandee McCullen
02-04-2006, 11:44 PM
All, please post this on your websites to help explain the pros and cons of the OHV bill going around the capital. Please keep all the documents on the same page as they are all inter related. Please post with the open web letter first the bill 2nd and the notes for the bill 3rd.
If you receive questions you can forward them to me or Sandee McCullen if you wish. Or you can forward to me care of the AZOHVC group.

This was not a hasty decision and I did seek imput from all the National agencies before asking for any of the changes we are requesting.The Legislative work group did a great job compromising to get the bill this far.......our AZOHVC comments are only being added to the groups work to reflect changes needed where other State OHV use bills had legal or langauge issues , these are being requested to protect both the agencies involved and the publics money. This is as close as I feel we will get on saving this very important bill. With these changes, this bill could have benefits for years to come.

Please take the time to look over the whole bill and then read thru the changes we are asking to be made .......if these changes are not made we are respectfully asking the bill to be removed from the Session.

Please be objective, I know that no one wants to pay to play............but life is not always fair.

Thanks I will update you as fast as I hear from the Capital on any changes good or bad.
I know I have forgotten someone or some club , this is why it is so important to have the coalition up and running! If I have missed anyone it is not intentional ,

Jeff Gursh ATR and AZOHVC
Sandee McCullen ASA4WDC & AZOHVC



OHV Copper Sticker Legislation SB 1508 2.3.06

WHY DO WE NEED A STCKER PROGRAM?
Our State along with the rest of the Country is going to a Designated trail system.
What the heck is that?
It means that all the trails we enjoy, old or new will have to be designated and signed for us to continue using.
What does this have to do with a Copper Sticker?
As usual, the mandate to designate trails comes…………UNFUNDED.
So even though the Land Agencies have to do the designation , there is no money to do so.
Why should you care?
Well, if you like the Granite Mountain signed trails or say Campwood in the Chino valley or really any place we ride now , you want those agencies to be able to sign map and maintain those trails for us to enjoy…………..there will come a time where those trails will be closed from no signage , no maps and no maintenance and to have to wait for the Agencies to get monies to do all that to reopen trails ……may take a long, long time……..meantime there are always video games……………
Hey , there is a OHV gas tax that funds this sort of thing too………that will take care of the trails.
Yes there is a Gas tax that awards grant monies to Agencies for OHV work. But since our Governor has seen fit to rob this fund on an annual basis, most of the Agencies are very unwilling to apply for Gas tax dollars for projects. Grants are a ” odd duck”, you have to spend the dollars for your project and then you are reimbursed for that expense. Problems arise when you have spent the dollars and ask for your grant dollars and the Governor has taken the funds………..and you have no recourse to get it back.

Will there be a benefit to having a permit to buy to go riding other than the above stuff?
Yes and Draw backs too.
First the Pros
Everyone is supposed to have a State Land Department Recreation permit to play on their land, Some of us actually buy one……………The Copper Sticker Program will replace that ASLD recreation permit for those of us who just ride on ALSD roads and trails. BUT if you decide you want to hike or mountain bike or picnic or such other activities………you will still need the recreation permit. So it is a wash…….you don’t need the ASLD recreation permit to ride on the trails but you DO need the Copper Sticker. No new expense………..unless you never bothered to get the Recreation permit in the first place ………Shame on you!
Another benefit would be that once trails are signed and maps /access guides are published and areas are improved with bathrooms and amenities………..It will be very very hard for agencies to close those facilities and trails ………. Most of the grants have a control and ownership clause in them some as much as 25 years…….it means extra protection for trails systems that we don’t have now.
Another problem, say with Forest Service land………..if the value of the Forest Service land is lowered ……say from unmanaged over use by ohvs……………that land can be swapped or sold as not benefiting the Forest Service any more . It is a unneeded expense to keep that land…………..by having improvements on it and maintaining and repairing damage and managing the use, it would be very unlikely that land would go away.

So much for the sunshine…………what are the Cons……..
Ok , the down side is you will have to have a copper sticker on each of your toys……sorry no family plans. Also the sticker is not transferable from one of your toys to another.
Some of this money will go to Law Enforcement to enforce new regulation for OHV use.
You may not like the idea of having to be sound tested like California does now but it will eliminate one of the biggest ways to lose trails from complaints….TO LOUD……..And if you read any of the magazines on ATVs or Dirt Bikes (Dirt Rider Or ATV Rider) all of the ads are for quiet mufflers on public lands and all of the magazines are testing for quiet power and hawking keeping the noise down and areas open………they see the light. Don’t give them another reason to close trails …….live with the quiet muffler regulations. 4x4 vehicles with open headers or excessively loud mufflers will also fall under this sound rule.

Hey……my bike or ATV or 4x4 is street legal……….why should I have to buy a sticker???
Well , unless you want to just ride on the streets…..and that is what the street legal plates go to maintain………you need the copper sticker too. Copper Sticker dollars go to the trails you really bought the bike or ATV or 4x4 to ride on. Again if we want to keep riding , we need to pay to play. Is it fair ? Maybe not but $20 a year even for each vehicle is cheap compared to a MX or OHV park fee, the overcrowded course and no cool trails to ride.
Compare this to boating. If you own 3 jet skis …….do you have to have them all registered? IS the Truck you tow with registered? Is the trailer you towed registered? YES. Is it fair? Maybe not ……………do you have a place to go to play with these toys ? Is there law enforcement? Are there regulations you have to follow? Yes to all the above ..and the Copper Sticker program will be no different.
Who died and left Jeff boss?
Hey , another great question and one I ask my self each day I don’t work and spend 1500 to 2000 hours a year of my time for free to keep trails open for others to enjoy without having to go to endless Agency meetings follow every bill or law that is introduced, write the grants for inventory , attend the trail designation meetings ,attend the public scooping meetings for Forest service and BLM trail plans, write the comments up on those trail plans, write the grants for the signs and materials for the trails …………..install the signs and make up the art work for the map brochures and then write more grants for the money to print those maps so folks can find their way are the projects that a New Copper Sticker Program will build.
I guess it is because no one else wanted the high paying always appreciated, tons of time off , cushy job!
Some one once told me ……” those that show up make the rules” and to some extent this is true. Its not that you don’t or can’t help its that few if any can give up their job , their family and their Life to keep trails open. I am speaking for many of the clubs that have joined the Arizona Off Highway Vehicle Coalition or for OHV clubs that don’t have the membership to follow all this but still trust me to speak for them ……..I also run as much of what is done thru National Groups such as Blue Ribbon Coalition , SEMA , ORBA , NOHVCC, and AMA.
I hope to tell you that I didn’t just wake up one day and say I am going to write a bill to make everyone pay to ride on the trails…………This has been in the works for almost 6 years and everyone from hunters to environmental groups were invited. This group worked very hard to compromise on all of the Bill. At one time it was suggested that the Copper Sticker cost $500 a vehicle, another it was each and every vehicle on the road or trail………..or my personal favorite……..an 8ft flag on every OHV so you can be seen on any trail………..that would sure have hurt getting hooked in a tree.
Ok ………bottom line here!
If the SB1508 does not go with the changes that are shown with this letter , we do not support the bill and it is pulled. If this happens , we will try again next year , when we have more time for public comment , more time to polish the language and more time to go to the Capital to lobby for exactly what we want.
Getting it right the first time is and will always be the best way to do legislation , trying to change it after the fact is difficult at best.
Thank you to all who have trusted me in all the land issues I represent you on and thanks for letting me bore you to tears on this latest issue!
Sincerely Jeff Gursh
Land Access Officer Arizona Trail Riders
Vic President Arizona Off Highway Vehicle Coalition

Supported by:
Sandee McCullen
ASA4WDC Land Use Chairman
Secretary Arizona Off Highway Vehicle Coalition


DRAFT
ARIZONA REVISED STATUTES TITLE 28
CHAPTER 3
ARTICLE 20
OFF-HIGHWAY VEHICLES
ITEMS CHANGED TO REFLECT USER SUPPORTED BILL
JAG 1.23.06
Section
28-1171. Definitions.
28-1172. Applicability; private and Indian lands.
28-1173. Enforcement.
28-1174. Operation restriction; violation; classification.
28-1175. Instruction course; fee.
28-1176. Off-highway vehicle recreation fund.
28-1177. “COPPER STICKER” PROGRAM; ADMINISTRATION; FEES; ALLOCATION OF FEES; ADVISORY GROUP RESPONSIBILITIES.
28-1178. “COPPER STICKER” REQUIREMENTS AND FEES.
28-1179. OFF-HIGHWAY VEHICLE ADVISORY GROUP (OHVAG) COMPOSITION.
28-1180. COPPER STICKER VEHICLE EXEMPTIONS.
28-1181. OPERATION OF OFF-HIGHWAY VEHICLES ON HIGHWAYS; LIMITS.
28-1182. VEHICLE EQUIPMENT REQUIREMENTS; RULEMAKING.
28-1183. AUTHORIZATION REQUIRED FOR RACE OR ORGANIZED EVENT.
ARS 28-2512 RV plate statue whether in title 28 or 14 needs to be included for LEO FIELD identification of OHV s
§28-1171. Definitions
In this article, unless the context otherwise requires AND NOT WITHSTANDING ANY OTHER DEFINITION, STATUTE, ARTICLE OR CHAPTER IN THIS TITLE:
1. “CLOSED COURSE” MEANS A MAINTAINED FACILITY THAT UTILIZES APPROVED DUST ABATEMENT MEASURES AND HAS WATER AVAILABLE FOR FIRE ABATEMENT.
2. “COPPER STICKER FEE AREA” INCLUDES OFF-HIGHWAY VEHICLE RECREATIONAL FACILITIES AND OFF-HIGHWAY VEHICLE USE AREAS, ROADS AND TRAILS, DESIGNATED AND APPROVED AS A COPPER STICKER FEE AREA AS PRESCRIBED IN SECTION 28-1178.
1.3."Highway" means the entire width between the boundary lines of every way publicly maintained by the federal government, the dDepartment, a city, a town or a county if any part of the way is generally open to the use of the public for purposes of where CONVENTIONAL TWO-WHEEL DRIVE VEHICULAR TRAVEL. THIS DEFINITION EXCLUDES ROUTES DESIGNATED FOR OFF-HIGHWAY VEHICLE USE.
2.4. “Off-highway recreation facility" includes off-highway vehicle use areas, roads and trails specifically developed for but not limited to and designated for use by off-highway vehicles. 3.5."Off-highway vehicle":
(a) Means a motorized vehicle when operated off of highways on land, water, snow, ice or other natural terrain or on a combination of land, water, snow, and ice or other natural terrain.
(b) Includes a two-wheel, three-wheel or four-wheel vehicle, motorcycle, four-wheel drive vehicle, dune buggy, amphibious vehicle, ground effects or air cushion vehicle and any other means of land transportation deriving motive power from a source other than muscle or wind.
(c) Does not include a vehicle that is either:
(i) Designed primarily for travel on, over or in the water.
(ii) Used in installation, inspection, maintenance, repair or related activities involving facilities for the provision of utility or railroad service.
(d) OFF-HIGHWAY VEHICLES ARE FURTHER DEFINED AS:
(i) "OFF-HIGHWAY VEHICLE TYPE I VEHICLE" MEANS ANY MOTOR VEHICLE 50 INCHES OR LESS IN WIDTH, HAVING AN UNLADEN DRY WEIGHT OF 800 POUNDS OR LESS, TRAVELING ON THREE OR MORE TIRES, HAVING A SEAT DESIGNED TO BE STRADDLED BY THE OPERATOR, AND DESIGNED FOR OR CAPABLE OF OFF-HIGHWAY USE.
(ii) "OFF-HIGHWAY VEHICLE TYPE II VEHICLE" MEANS EVERY MOTOR VEHICLE HAVING A SADDLE FOR THE USE OF THE OPERATOR AND DESIGNED TO TRAVEL ON NOT MORE THAN TWO TIRES, DESIGNED PRIMARILY FOR BUT NOT LIMITED TO OFF-HIGHWAY USE.
(iii) "OFF-HIGHWAY VEHICLE TYPE III VEHICLE" MEANS ANY OTHER MOTOR VEHICLE, NOT DEFINED IN PARGRAPH (i) OR (ii) DESIGNED FOR OR CAPABLE OF OFF-HIGHWAY USE.
6.“OFF-HIGHWAY VEHICLE IMPLEMENT OF HUSBANDRY" MEANS AN OFF-HIGHWAY VEHICLE USED PRIMARILY IN THE CONDUCT OF AGRICULTURAL OPERATIONS.
4.7. "Off-highway vehicle special event" means an event endorsed, AUTHORIZED, PERMITTED or sponsored by a FEDERAL, STATE, county or municipal AGENCY in which the event participants operate off-highway vehicles on specific routes OR AREAS designated by a local authority pursuant to section 28-627.
5.8. “Off-highway vehicle trail" means a multiple use corridor that is all of the following:
(a) Open to recreational travel by an off-highway vehicle.
(b) Not normally suitable for travel by conventional two-wheel drive vehicles.
(c) Opened by the managing authority of the property that the trail traverses for the specific designated purpose of recreational off-highway vehicle use.

6.9. "Off-highway vehicle use area" means the entire area of a parcel of land, except for camping and approved buffer areas, that is managed specifically for off-highway vehicle use. through the development or designation of off-highway vehicle use trails.


§28-1172. Applicability;private and Indian lands
This article applies to all lands in this state except private land and Indian land.

§28-1173. Enforcement
All peace officers of this state and counties, cities or towns and other duly authorized state and federal employees shall enforce this article.

§28-1174. Operation restrictions; violation; classification
A. It is unlawful for a person to drive an off-highway vehicle with reckless disregard for the safety of persons or property.
B. IT IS UNLAWFUL FOR A PERSON TO DRIVE AN OFF-HIGHWAY VEHICLE IN A MANNER CAUSING DAMAGE TO CULTURAL OR NATURAL RESOURCES, OR PROPERTY OR IMPROVEMENTS, OR HARASSMENT OF WILDLIFE, WILDLIFE HABITAT.
C. IT IS UNLAWFUL FOR A PERSON TO DRIVE ANY OFF-HIGHWAY VEHICLE ON ROADS, TRAILS, OR ROUTES THAT ARE POSTED CLOSED OR TO DRIVE ON ANY ROADS, TRAILS OR ROUTES WHERE SUCH DRIVING IS PROHIBITED BY RULE OR REGULATION.
D. NO PERSON MAY OPERATE AN OFF HIGHWAY VEHICLE IN CONNECTION WITH ACTS OF VANDALISM, HARASSMENT OF WILDLIFE OR DOMESTIC ANIMALS, BURGLARIES OR OTHER CRIMES, OR DAMAGE TO THE ENVIRONMENT, WHICH INCLUDES EXCESSIVE POLLUTION OF AIR, WATER, OR LAND, ABUSE OF THE WATERSHED, IMPAIRMENT OF PLANT OR ANIMAL LIFE, OR EXCESSIVE MECHANICAL NOISE EXCEEDING THE 96 DECIBEL LIMIT SET IN THIS DOCUMENT SECTION 28-1182 A -3.
D. NO PERSON, EXCEPT AN AGENT OF AN APPROPRIATE FEDERAL, STATE, COUNTY, TOWN OR CITY AGENCY OPERATING WITHIN THAT AGENCY'S AUTHORITY, MAY PLACE OR REMOVE A REGULATORY SIGN GOVERNING OFF-HIGHWAY VEHICLE USE ON ANY PUBLIC OR STATE LAND.
E. ANY PERSON WHO VIOLATES ANY PROVISION OF THIS ARTICLE, EXCEPT SUBSECTION A OF THIS SECTION, IS GUILTY OF A CLASS 3 MISDEMEANOR. ANY PERSON WHO VIOLATES SUBSECTION A OF THIS SECTION IS GUILTY OF A CLASS 2 MISDEMEANOR.
B. A person who violates this section is guilty of a class 2 misdemeanor.
C. F. In addition to or in lieu of the fine prescribed by this section, a judge may order the person to perform at least eight but not more than twenty-four hours of community service or to complete an approved safety course, or both.

28-1175. Instruction course; fee
A. The ARIZONA GAME AND FISH Ddepartment shall conduct or approve an educational course of instruction in off-highway vehicle safety and environmental ethics. The course shall include instruction on off-highway vehicle uses that limit air pollution and harm to natural terrain, vegetation and animals. Successful completion of the course requires successful passage of a written examination.

B. Any governmental agency, corporation or other individual that conducts a training and educational course that is approved by the dDepartment may collect a fee that is reasonable and commensurate for the training and that does not exceed fifty dollars.


28-1176. Off-highway vehicle recreation fund.

A. An off highway vehicle recreation fund is established. The fund consists of:
1. Monies appropriated by the legislature.
2. Monies deposited pursuant to section 28 5927.
3. Federal grants and private gifts.
4. Matching monies from federal, state, local or private entities.
B. Monies in the off highway vehicle recreation fund are appropriated to the Arizona state parks board solely for the purposes provided in this article. Interest earned on monies in the fund shall be credited to the fund. Monies in the off highway vehicle recreation fund are exempt from the provisions of section 35 190 relating to lapsing of appropriations.
C. The Arizona game and fish department shall spend thirty percent of the monies in the off highway vehicle recreation fund for an informational and educational program on off highway vehicle recreation and law enforcement activities relating to this article and for off highway vehicle law enforcement pursuant to title 17, chapter 4, article 3.
D. The Arizona state parks board shall spend seventy percent of the monies in the off highway vehicle recreation fund for the following purposes:
1. No more than eighteen percent to fund staff support to plan and administer the off highway vehicle recreation fund.
2. To establish a facility development program based on the priorities established in the off highway vehicle plan.
3. To establish a matching fund program for funding off highway related law enforcement, informational and environmental education programs, mitigation of environmental damage, facility development, land acquisition and construction of off highway vehicle related facilities.
E. The allocation of the monies in the matching fund program prescribed in subsection D, paragraph 3 of this section and the percentages allocated to each of the purposes prescribed in the program shall be determined by an off highway vehicle plan prepared by the Arizona outdoor recreation coordinating commission and approved by the state parks board.


F. Monies in the matching fund program established under subsection D, paragraph 3 of this section shall be distributed in an amount determined by the Arizona outdoor recreation coordinating commission to a qualified state or federal agency, city, town, county or tribal government. The Arizona state parks board may require additional matching monies that may be direct monies or in-kind services from these entities before the distribution pursuant to this subsection.
G. Agencies receiving monies under this section shall use the monies:
1. To designate, construct, maintain and manage off highway vehicle recreation facilities, off highway vehicle use areas and off highway vehicle trails within land under the jurisdiction of the particular agency.
3. For enforcement of off highway vehicle laws.
4. For mitigation of damages to land.
5. For off highway vehicle related environmental education.
H. The Arizona outdoor recreation coordinating commission shall examine applications for eligible projects and determine the amount of funding, if any, for each project.


28-1177. “COPPER STICKER” PROGRAM; ADMINISTRATION; FEES; ALLOCATION OF FEES; ADVISORY COUNCIL RESPONSIBILITIES

A. A COPPER STICKER OFF-HIGHWAY VEHICLE MANAGEMENT AND SAFETY FUND IS ESTABLISHED. THE FUND CONSISTS OF:
1. MONIES DEPOSITED PURSUANT TO SECTION 28-1178.
2. FEDERAL GRANTS AND PRIVATE GIFTS.
3. MATCHING MONIES FROM FEDERAL, STATE, LOCAL OR PRIVATE ENTITIES.
B. MONIES IN THE COPPER STICKER OFF-HIGHWAY VEHICLE MANAGEMENT AND SAFETY FUND ARE APPROPRIATED TO THE ARIZONA GAME AND FISH COMMISSION SOLELY FOR THE PURPOSES PROVIDED IN THIS SECTION. INTEREST EARNED ON THE MONIES IN THE FUND SHALL BE CREDITED TO THE FUND. MONIES IN THE COPPER STICKER OFF-HIGHWAY VEHICLE MANAGEMENT AND SAFETY FUND ARE EXEMPT FROM THE PROVISIONS OF SECTION 35-190 RELATING TO LAPSING OF APPROPRIATIONS.
C. THE ARIZONA GAME AND FISH DEPARTMENT SHALL SPEND NO MORE THAN SEVEN PERCENT OF THE TOTAL REVENUE GENERATED AND DEPOSITED INTO THE COPPER STICKER OFF-HIGHWAY VEHICLE MANAGEMENT AND SAFETY FUND TO DEVELOP AND IMPLEMENT A COPPER STICKER USER FEE COLLECTION PROGRAM THROUGH THE DEPARTMENT AND ITS AGENTS PURSUANT TO SECTION 28-1178.
1. EACH MONTH THE COPPER STICKER USER FEES RECEIVED BY THE ARIZONA GAME AND FISH DEPARTMENT UNDER SECTION 28-1178 SHALL BE DEPOSITED, PURSUANT TO SECTIONS 35-146 AND 35-147, IN A SPECIAL FUND TO BE KNOWN AS THE COPPER STICKER OFF-HIGHWAY VEHICLE MANAGEMENT AND SAFETY FUND.
D. THE REMAINING MONIES DEPOSITED INTO THE COPPER STICKER OFF-HIGHWAY VEHICLE MANAGEMENT AND SAFETY FUND SHALL BE USED FOR THE FOLLOWING PURPOSES:
1. TEN PERCENT SHALL BE SPENT BY THE ARIZONA STATE LAND DEPARTMENT TO ALLOW OCCUPANTS OF OFF-HIGHWAY VEHICLES WITH A COPPER STICKER TO CROSS STATE TRUST LAND ON EXISTING ROADS, TRAILS, AND DESIGNATED ROUTES. ALL OTHER ACTIVITIES REQUIRE A STATE TRUST LAND RECREATIONAL PERMIT. THE ARIZONA STATE LAND DEPARTMENT SHALL USE THESE MONIES FOR COSTS ASSOCIATED WITH OFF-HIGHWAY VEHICLE USE OF LEGALLY ACCESSIBLE LANDS WITHIN ITS JURISDICTION AS FOLLOWS:
(a) TO MANAGE AND MITIGATE IMPACTS ASSOCIATED WITH OFF-HIGHWAY VEHICLE USE AND FOR ENFORCEMENT OF OFF-HIGHWAY VEHICLE RULES AND REGULATIONS.
(b) ANY UNUSED BALANCE OF THE MONIES AT THE END OF EACH FISCAL YEAR SHALL BE DEPOSITED IN THE COPPER STICKER OFF-HIGHWAY VEHICLE MANAGEMENT AND SAFETY FUND UNDER SUBSECTION C OF THIS SECTION.
2. FIFTEEN PERCENT SHALL BE DEPOSITED WITH THE ARIZONA GAME AND FISH DEPARTMENT FOR LAW ENFORCEMENT ACTIVITIES RELATING TO THIS ARTICLE AND FOR OFF-HIGHWAY VEHICLE LAW ENFORCEMENT PURSUANT TO TITLE 17, CHAPTER 4, ARTICLE 3.
3. TWENTY FIVE EIGHTEEN PERCENT SHALL BE DEPOSITED WITH THE ARIZONA GAME AND FISH DEPARTMENT FOR DEVELOPMENT AND ADMINISTRATION OF AN EDUCATIONAL COURSE PURSUANT TO SECTION 28-1175, AND FOR AN OUTREACH AND INFORMATION PROGRAM ON OFF-HIGHWAY VEHICLE RECREATION AND RESPONSIBLE OFF-HIGHWAY VEHICLE USE.
4. FIFTY PERCENT SHALL BE DEPOSITED WITH THE ARIZONA GAME AND FISH DEPARTMENT TO DEVELOP AND IMPLEMENT A GRANT AND OR AGREEMENT PROGRAM TO DISTRIBUTE THE MONIES IN AN AMOUNT DETERMINED BY THE ARIZONA OFF-HIGHWAY VEHICLE ADVISORY GROUP AND APPROVED BY THE ARIZONA GAME AND FISH COMMISSION TO A QUALIFIED STATE OR FEDERAL AGENCY, CITY, TOWN, COUNTY OR TRIBAL GOVERNMENT. IF AN AGREEMENT BETWEEN GAME AND FISH COMMISSION AND THE ARIZONA OFF-HIGHWAY VEHICLE ADVISORY GROUP CAN NOT BE MADE ON DISTRIBUTIONS OF MONIES, ARIZONA STATE PARKS BOARD SHALL BE THE DECIDING VOTE. AGENCIES RECEIVING MONIES UNDER THIS SECTION SHALL USE THE MONIES FOR ANY OF THE FOLLOWING:
(a) FOR ENFORCEMENT OF OFF HIGHWAY VEHICLE LAWS
(b) FOR OFF HIGHWAY VEHICLE-RELATED ENVIRONMENTAL EDUCATION, INFORMATION, SIGNAGE AND MAPS.
(c) FOR OFF-HIGHWAY VEHICLE ACCESS INCLUDING DEVELOPMENT, LEASE OR ACQUISITION OF ROADS, TRAILS, AND ROUTES, AND RIGHTS-OF-WAYS AND EASEMENTS.
(d) FOR MITIGATION OF DAMAGES TO LAND.
(e) TO INVENTORY, AND DESIGNATE, CONSTRUCT, MAINTAIN AND MANAGE OFF HIGHWAY VEHICLE USE AREAS AND OFF HIGHWAY VEHICLE TRAILS AND ROADS WITHIN LAND UNDER THE JURISDICTION OF THE PARTICULAR AGENCY, OR ANOTHER AGENCY OR LANDOWNER WITH PROOF OF CONCURRENCE FROM THE AGENCY OR LANDOWNER OF JURISDICTION.
(f) FOR NECESSARY ENVIRONMENTAL, HISTORICAL AND CULTURAL CLEARANCE OR COMPLIANCE, ACTIVITIES AND ACTIONS.
6. THE ARIZONA OFF-HIGHWAY VEHICLE ADVISORY GROUP SHALL EXAMINE APPLICATIONS FOR ELIGIBLE PROJECTS AND DETERMINE THE AMOUNT OF FUNDING, IF ANY, FOR EACH PROJECT WITH APPROVAL FROM THE ARIZONA GAME AND FISH COMMISSION. IN ALLOCATING THE MONIES FROM THE GRANT AND AGREEMENT PROGRAM, THE OFF-HIGHWAY VEHICLE ADVISORY GROUP AND ARIZONA GAME AND FISH COMMISSION MAY CONSIDER THE FOLLOWING:
(a) THE ADEQUACY OF THE EXISTING APPLICANT’S OFF-HIGHWAY VEHICLE MANAGEMENT PROGRAMS.
(b) THE NUMBER OF OFF-HIGHWAY VEHICLE RECREATIONAL DAYS OF USE WITHIN THE JURISDICTION OF THE APPLICANT’S AREA OF ADMINISTRATIVE AUTHORITY.
(c) THE ACREAGE OF PUBLIC AND STATE LAND WITHIN THE JURISDICTION OF THE APPLICANT’S AREA OF ADMINISTRATIVE AUTHORITY.
(d) THE ABILITY OF THE APPLICANT TO CONSTRUCTIVELY USE ADDITIONAL MONIES.
(e) THE SCOPE AND EFFECTIVENESS OF THE GRANT PROPOSAL.
(f) ANY MATCHING FUNDS.
E.THERE IS A BASE 60% CAP ON ALL THE ABOVE CATEGORIES WITH THE ARIZONA GAME AND FISH COMMISSION AND OFF-HIGHWAY VEHICLE ADVISORY GROUP ALLOWING A GREATER PERCENTAGE OF ANY CATEGORY AS DEEMED NECESSARY. THE ARIZONA GAME AND FISH COMMISSION MAY MAKE RULES AND REGULATIONS TO CARRY OUT IN THE MOST EFFECTIVE MANNER ALL THE PROVISIONS OF THIS SECTION.


28-1178. “COPPER STICKER” REQUIREMENTS AND FEES.

A. IT IS UNLAWFUL FOR A PERSON TO OPERATE ANY TYPE I, II OR III OFF-HIGHWAY VEHICLE AS DESCRIBED BELOW ON ALL LANDS IN THIS STATE, OFF-HIGHWAY VEHICLE TRAIL, ROAD, OR OFF-HIGHWAY VEHICLE USE AREA, EXCEPT PRIVATE LAND AND INDIAN LAND, WITHOUT A COPPER STICKER FOR THE CURRENT YEAR AFFIXED OR CONSPICUOUSLY DISPLAYED ON THE BACK OF THE VEHICLE OR ON THE FRONT FORK UNLESS THE VEHICLE IS EXEMPTED UNDER 28-1180
1. ALL REGISTERED AND UNREGISTERED TYPE I AND II RESIDENT AND NON-RESIDENT OFF-HIGHWAY VEHICLES.
2. ALL UNREGISTERED TYPE III RESIDENT AND NON-RESIDENT OFF-HIGHWAY VEHICLES.


B. IT IS UNLAWFUL FOR A PERSON TO OPERATE A REGISTERED OR UNREGISTERED TYPE I, II OR III OFF-HIGHWAY VEHICLE IN ANY OFF-HIGHWAY VEHICLE USER FEE AREA, ROAD OR TRAIL DESIGNATED AS A COPPER STICKER FEE AREA IN THIS STATE WITHOUT A COPPER STICKER FOR THE CURRENT YEAR AFFIXED OR CONSPICUOUSLY DISPLAYED ON THE BACK OF THE VEHICLE OR ON THE FRONT FORK UNLESS THE VEHICLE IS EXEMPTED UNDER 28-1180
1. COPPER STICKER FEE AREAS SHALL BE RECOMMENDED BY THE ARIZONA OFF-HIGHWAY VEHICLE ADVISORY GROUP, CONSULTING WITH THE LAND OWNER OR LAND MANAGING AGENCY, AND APPROVED BY THE ARIZONA GAME AND FISH COMMISSION. COPPER STICKER FEE AREAS SHALL BE SIGNED OR DESIGNATED ON A MAP DEMARKATING THE COPPER STICKER FEE AREA. THE MAP SHALL BE KEPT ON RECORD BY THE ARIZONA GAME AND FISH COMMISSION AND THE LAND OWNER OR LAND MANAGEMENT AGENCY RESPONSIBLE FOR ADMINISTERING THE COPPER STICKER FEE AREA.
C. THE OWNER OR OPERATOR OF ANY OFF-HIGHWAY VEHICLE REQUIRING THE COPPER STICKER UNDER THIS ARTICLE SHALL PURCHASE A COPPER STICKER FROM THE ARIZONA GAME AND FISH DEPARTMENT OR ITS AUTHORIZED AGENTS ON FORMS APPROVED BY IT
1. EACH APPLICATION FOR A COPPER STICKER FOR AN OFF-HIGHWAY VEHICLE SHALL BE ACCOMPANIED BY:
(a) NAME, ADDRESS AND DATE OF BIRTH OF VEHICLE OWNER.
(b) TYPE, MAKE, MODEL AND VEHICLE IDENTIFICATION NUMBER OF VEHICLE THE STICKER WILL BE AFFIXED TO.
(c) PRINCIPAL COUNTY AND PREFERRED COUNTY WHERE THE OFF-HIGHWAY VEHICLE WILL BE OPERATED IN ARIZONA.
D. IT IS UNLAWFUL FOR A PERSON TO USE OR PERMIT THE USE OR DISPLAY OF ANY COPPER STICKER UPON OR IN THE OPERATION OF ANY OFF-HIGHWAY VEHICLE OTHER THAN THE VEHICLE FOR WHICH IT WAS ISSUED.
E. COPPER STICKERS ARE VALID FOR ONE CALENDAR YEAR BEGINNING JANUARY 1 THROUGH DECEMBER 31 OF THE SAME YEAR.

F. THE INITIAL ANNUAL FEE SHALL NOT EXCEED $20.00. ANY SUBSEQUENT FEE INCREASE FOR THE COPPER STICKER SHALL BE RECOMMENDED BY THE ARIZONA OFF-HIGHWAY ADVISORY GROUP AND APPROVED BY THE ARIZONA GAME AND FISH COMMISSION AND SHALL NOT EXCEED FIVE PERCENT PER YEAR. AS OHV USE INCREASES AND ROUTES ARE DESIGNATED, MAPPED AND SIGNED, INCREASED OHV PARTICAPATION (WHO NEEDS A COPPER STICKER) WILL BE REQUIRED.
G. ALL RECORDS OF THE ARIZONA GAME AND FISH DEPARTMENT MADE OR KEPT PURSUANT TO THIS SECTION ARE PUBLIC RECORDS. THE ARIZONA GAME AND FISH DEPARTMENT SHALL FURNISH INFORMATION OR COPIES FROM RECORDS KEPT PURSUANT TO THIS SECTION SUBJECT TO SECTIONS 39-121.01 AND 39-121.03. IN ADDITION, ARIZONA GAME AND FISH DEPARTMENT SHALL , AT THE END OF EACH FISCAL YEAR, FURNISH THE OFF-HIGHWAY VEHICLE ADVISORY GROUP (OHVAG) A COPY OF ALL COPPER STICKER FUNDING , GRANTS AND EXPENDITURES FOR THEIR REVIEW.
H. THE FEE FOR EACH DUPLICATE COPPER STICKER SHALL NOT EXCEED FIFTY PERCENT OF THE CURRENT YEAR COPPER STICKER PURCHASE PRICE.


28-1179. OFF-HIGHWAY VEHICLE ADVISORY GROUP (OHVAG) COMPOSITION.
A. THE OFF-HIGHWAY VEHICLE ADVISORY GROUP WILL CONSIST OF A SEVEN MEMBER PANEL THAT IS APPOINTED BY THE ARIZONA STATE PARKS BOARD AND THE ARIZONA GAME AND FISH COMMISSION. NOT MORE THAN TWO MEMBERS SHALL BE RESIDENTS OF THE SAME COUNTY, AND NOT MORE THAN THREE MEMBERS SHALL BE RESIDENTS OF MARICOPA AND PIMA COUNTY. MEMBERS SHALL BE REPRESENTATIVES OF THE FOLLOWING INTERESTS:
1. THREE MOTORIZED RECREATIONAL USERS, ONE DISPERSED RECREATIONAL USER, ONE LICENSED OFF-HIGHWAY VEHICLE DEALER, ONE MEMBER OF A SPORTSMEN GROUP, AND ONE ELECTED OFFICIAL FROM A CITY, COUNTY OR TOWN.
28-1180. COPPER STICKER VEHICLE EXEMPTIONS.
A. THE FOLLOWING TYPE I AND II OFF-HIGHWAY VEHICLES ARE EXEMPT FROM THE COPPER STICKER REQUIREMENTS OF THIS CHAPTER:
1. OFF-HIGHWAY VEHICLES THAT ARE OWNED BY A NONRESIDENT AND THAT ARE DISPLAYING A CURRENT OFF-HIGHWAY VEHICLE USER DECAL OR REGISTRATION FROM THEIR HOME STATE SHALL BE VALID FOR A PERIOD OF NO MORE THAN 30 CONSECUTIVE DAYS.
2. AN OFF-HIGHWAY VEHICLE SOLD BY A DEALER TO A PERSON WHO IS NOT A RESIDENT OF THIS STATE AND DOES NOT INTEND TO OPERATE IN ARIZONA.
3. OFF-HIGHWAY VEHICLE IMPLEMENT OF HUSBANDRY AS DEFINED IN THIS ARTICLE ONLY WHEN BEING OPERATED FOR THE PURPOSES OF HUSBANDRY.
4. NEW OFF-HIGHWAY VEHICLES BEING TRANSPORTED TO AN OFF-HIGHWAY VEHICLE DEALERSHIP BY THE DEALER, EMPLOYEE OF THE DEALERSHIP OR AGENT FOR THE DEALERSHIP.
5. AN OFF-HIGHWAY VEHICLE OWNED AND/OR OPERATED BY THE UNITED STATES GOVERNMENT, THIS STATE OR ITS POLITICAL SUBDIVISIONS.


28-1181. OPERATION OF OFF-HIGHWAY VEHICLES ON HIGHWAYS; LIMITS.
A. NO PERSON MAY OPERATE AN UNREGISTERED OFF-HIGHWAY VEHICLE UPON ANY STREET OR HIGHWAY NOT DESIGNATED AS OPEN TO OFF-HIGHWAY VEHICLE USE PURSUANT TO SECTION 28-627, PARAGRAPH 13 EXCEPT:
1. WHEN CROSSING A STREET OR HIGHWAY AND THE OPERATOR COMES TO A COMPLETE STOP BEFORE CROSSING, PROCEEDS ONLY AFTER YIELDING THE RIGHT OF WAY TO ONCOMING TRAFFIC, AND CROSSES AT A RIGHT ANGLE IN A CROSSING AREA DESIGNATED BY THE MANAGING AUTHORITY.


2. WHEN LOADING OR UNLOADING AN OFF-HIGHWAY VEHICLE FROM A VEHICLE OR TRAILER, WHICH SHALL BE DONE WITH DUE REGARD FOR SAFETY, AND AT THE NEAREST PRACTICAL POINT OF OPERATION, UNLESS A DESIGNATED STAGING AREA IS AVAILABLE.
3. WHEN AN EMERGENCY EXISTS, DURING ANY PERIOD OF TIME AND AT THOSE LOCATIONS WHEN THE OPERATION OF CONVENTIONAL MOTOR VEHICLES IS IMPRACTICAL OR WHEN THE OPERATION IS DIRECTED BY A PEACE OFFICER OR OTHER PUBLIC AUTHORITY.
B. LIABILITY MAY NOT BE IMPOSED ON ANY FEDERAL, STATE, COUNTY OR MUNICIPALITY RELATING TO THE DESIGNATION OR MAINTENANCE OF ANY LAND, TRAIL, STREET OR HIGHWAY OPEN FOR OFF-HIGHWAY VEHICLE USE.


28-1182. VEHICLE EQUIPMENT REQUIREMENTS; RULEMAKING.
A. ALL OFF-HIGHWAY VEHICLES IN OPERATION SHALL BE EQUIPPED WITH:
1. BRAKES ADEQUATE TO CONTROL THE MOVEMENT OF AND TO STOP AND HOLD THE VEHICLE UNDER NORMAL OPERATING CONDITIONS.
2. LIGHTED HEADLIGHTS AND TAILLIGHTS THAT MEET OR EXCEED ORIGINAL EQUIPMENT MANUFACTURER (O.E.M.) GUIDELINES WHEN OPERATED BETWEEN ONE HALF HOUR AFTER LEGAL SUNSET AND ONE HALF HOUR PRIOR TO LEGAL SUNRISE.
3. ALL OFF-HIGHWAY VEHICLES SHALL BE EQUIPPED AT ALL TIMES WITH A MUFFLER THAT IS IN GOOD WORKING ORDER AND THAT IS IN CONSTANT OPERATION TO PREVENT EXCESSIVE OR UNUSUAL NOISE ABOVE 96 DECIBELS, WHEN MEASURED FROM A DISTANCE OF 20 INCHES USING TEST PROCEDURES ESTABLISHED BY THE SOCIETY OF AUTOMOTIVE ENGINEERS (S.A.E) UNDER STANDARD J-1287 EXCEPT WHEN OPERATING ON A CLOSED COURSE.
4. A SPARK ARRESTOR DEVICE APPROVED BY THE USDA IN CONSTANT OPERATION EXCEPT WHEN OPERATING ON A CLOSED COURSE.
5. A SAFETY FLAG, A MINIMUM OF SIX BY 12 INCHES, ATTACHED TO THE OFF-HIGHWAY VEHICLE AT LEAST EIGHT FEET ABOVE THE SURFACE OF LEVEL GROUND, WHEN OPERATED ON SAND DUNES OR AREAS DESIGNATED BY THE MANAGING AGENCY.
B. A PERSON UNDER THE AGE OF 18 MAY NOT OPERATE OR RIDE OFF-HIGHWAY ON A TYPE I OR II OFF-HIGHWAY VEHICLE, ON PUBLIC OR STATE LAND UNLESS THE PERSON IS WEARING A PROPERLY FITTED AND FASTENED PROTECTIVE HEADGEAR DESIGNED FOR MOTORIZED VEHICLE USE WITH A MINIMUM UNITED STATES DEPARTMENT OF TRANSPORTATION SAFETY-RATING.
C. THE ARIZONA GAME AND FISH COMMISSION MAY:
1. MAKE RULES AND REGULATIONS REQUIRED TO CARRY OUT IN THE MOST EFFECTIVE MANNER ALL THE PROVISIONS OF THIS SECTION:


2. MODIFY THE OFF-HIGHWAY VEHICLE EQUIPMENT REQUIREMENTS IN CONFORMITY WITH THE PROVISIONS OF FEDERAL LAWS.
3. PRESCRIBE ADDITIONAL EQUIPMENT REQUIREMENTS NOT IN CONFLICT WITH FEDERAL LAWS OR REGULATIONS.


28-1183. AUTHORIZATION REQUIRED FOR RACE OR ORGANIZED EVENT.
NO PERSON MAY ORGANIZE, PROMOTE OR HOLD AN OFF-HIGHWAY VEHICLE RACE OR OTHER ORGANIZED EVENT ON ANY LAND OR HIGHWAY WITHIN THIS STATE, EXCEPT AS AUTHORIZED BY THE APPROPRIATE AGENCY OR LANDOWNER HAVING JURISDICTION OVER THE LAND OR HIGHWAY.


2.2.06 J.Gursh VP page 1 of 5

AZOHVC comments for proposed changes to OHV Senate Bill #SB1508

Page 1 5-901 Definitions Line8,9,10
This should read:
1. "CLOSED COURSE" MEANS A MAINTAINED FACILITY THAT USES A DEPARTMENT OF TRANSPORTATION APPROVED DUST AND FIRE ABATEMENT MEASURES. AND THAT HAS WATER AVAILABLE FOR FIRE ABATEMENT.
Reason for change:
If the fire we are trying to fight is, fuel ,oil or metal fire for a motorized vehicle .....water is not the approved measure. This reword will cover the facility having both the water and the oil/gas type fire fighting requirements.
Requesting Change:
Arizona Off Highway Vehicle Coalition, BRC , AMA

Page 2 5-902 line 21 Copper sticker off-highway vehicle management and safety fund
This should read:
. THE ARIZONA GAME AND FISH DEPARTMENT SHALL SPEND NO MORE THAN SEVEN PER CENT OF THE TOTAL REVENUE GENERATED AND DEPOSITED IN THE FUND ..........
Reason for change:
The legislative work group has from the beginning asked for a 50 50 split of the funds. As this is written, 53% will go to Game and Fish for the non project funds portion..........this lowers not just the grant dollars available but also lowers the actual 10% that ASLD receives.
Requesting Change:
Arizona Off Highway Vehicle Coalition

Page 2 5-902 line 43 Copper sticker off-highway vehicle management and safety fund
This should read:
TWENTY-FIVE EIGHTEEN PER CENT MAY BE SPENT BY THE ARIZONA GAME AND FISH DEPARTMENT FOR DEVELOPMENT AND ADMINISTRATION OF AN EDUCATIONAL COURSE PRESCRIBED BY SECTION……..
Reason for change:
The legislative work group has from the beginning asked for a 50 50 split of the funds. As this is written, 53% will go to Game and Fish for the non project funds portion..........this lowers not just the grant dollars available but also lowers the actual 10% that ASLD receives. This change brings back the 50 50 split.
Requesting Change: continued



2.2.06 J.Gursh VP page 2 of 5

Arizona Off Highway Vehicle Coalition. A greater percentage of the Copper Sticker Dollars would be requested by AZOHVC members but not to exceed 60% for the Grant portion.

Page 2 and 3, lines 51 page 2 and lines1 thru 4 on page 3 under section 5-902
In addition,please add :
THE OFF-HIGHWAY VEHICLE ADVISORY GROUP ESTABLISHED BY SECTION 5-904 AND HAVING A 60% BASE CAP ON ALL OF THE APLICABLE CATEGORIES UNDER SECTION 5-902 4. A THRU F, WITH THE ARIZONA GAME AND FISH COMMISSION AND OFF HIGHWAY VEHICLE ADVISORY GROUP ALLOWING AN INCREASED PERCENTAGE AS DEEMED NECESSARY, DISTRIBUTED TO A QUALIFIED STATE OR FEDERAL AGENCY, CITY, TOWN, COUNTY OR………
Reason for addition:
Before you can enforce laws on the ground............Trails need to be signed, maps need to be distributed and users need to be educated. A tiered grant system will allow for this .
As it was written , all monies could go for any single category, ie , all law enforcement or all trails or all mitigation..........
Use the three Es as a guide:
Engineer it… Sign and map, maintain Trail system
Educate them… Educate the trail users on appropriate use and laws and permits
Enforce it… Enforce the laws
Requesting change:
AZOHVC, AMA, BRC


Page 3 lines 21 thru 24 section 5-902
In addition,please add :
D. THE ARIZONA GAME AND FISH COMMISSION MAY ADOPT RULES NECESSARY TO IMPLEMENT THIS SECTION. IN ADDITION, IF AN AGREEMENT BETWEEN GAME AND FISH COMMISSION AND ARIZONA OFF-HIGHWAY VEHICLE ADVISORY GROUP CAN NOT BE MADE ON DISTRIBUTIONS OF MONIES, ARIZONA STATE PARKS BOARD SHALL BE THE DECIDING VOTE. NOTE : APROPRIATE SECTION IS IN 5-902 4. ?
Reason for addition:
Any decision making group or panel is made up of an odd number of members to eliminate deadlocks...........this groups should be no different.
Since Parks Board is the final say on monies that the Off- Highway Vehicle Advisory Group has made decisions on in the past , it is natural that Parks board continue in this roll.
Requesting change: AZOHVC, AMA, BRC, NOHVCC

2.2.06 J.Gursh VP page 3 of 5

In addition, please add :
C. COPPER STICKER FEE AREAS SHALL BE RECOMMENDED BY THE OFF HIGHWAY VEHICLE ADVISORY GROUP ESTABLISHED BY SECTION 5-904, IN COOPERATION WITH LAND OWNER OR LAND MANAGING AGENCY AND APPROVED BY THE ARIZONA GAME AND FISH COMMISSION. COPPER STICKER FEE AREAS SHALL BE……………………
Reason for addition:
Better than 2/3 of the land that OHV use occurs on is Federal Land. The other 1/3 is ASLD land and private. These laws will affect Both Federal and State Trust Lands.
Including the land owner or land management agency is a must in any designation of use or fee areas.
Requesting change:
AZOHVC, AMA, BRC, NOHVCC, USFS , BLM

Page 4 lines 27 thru 31 section 5-903 Copper sticker requirements; fees; definition
In addition, please add :
TO THIS SECTION SUBJECT TO SECTIONS 39-121.01 AND 39-121.03. IN ADDITION, ARIZONA GAME AND FISH DEPARTMENT SHALL FURNISH TO THE ARIZONA STATE PARKS BOARD AND ARIZONA OFF HIGHWAY VEHICLE ADVISORY GROUP (OHVAG) COPIES OF ALL COPPER STICKER RELATED DOCUMENTS PERTAINING TO FUNDING , GRANTS AND EXPENDITURES FOR THEIR REVIEW.
Reason for Addition:
To track grant monies and projects to see implementation and completion time lines, to see if enough funds are being generated to cover education, enforcement and trail projects from current sticker fee prices.
This will also allow group to decide if more user participation is needed.ie who needs to have a Copper Sticker on their vehicle.
Additionally, there is not adequate accountability in this document and using California's OHV sticker program as an example ......they are being sued over funds going to non motorized projects and miss-appropriation of funds along with inadequate accounting of monies spent.
We need accountability to protect the agencies involved and the publics funds.
Requesting change:
AZOHVC, AMA, BRC, NOHVCC










2.2.06 J.Gursh VP page 4 of 5

Page 6 lines 15 thru 17 section 5-907 Off-highway vehicle equipment requirements; rule making; classification
In addition, please add :
A MUFFLER THAT IS IN GOOD WORKING ORDER AND THAT IS IN CONSTANT OPERATION TO PREVENT EXCESSIVE OR UNUSUAL SOUND ABOVE NINETY-SIX DECIBELS, AS MEASURED FROM A DISTANCE OF TWENTY INCHES USING TEST PROCEDURES ESTABLISHED BY THE SOCIETY OF AUTOMOTIVE ENGINEERS, SAE STANDARD # J1287, EXCEPT IF OPERATING ON A CLOSED COURSE.
Reason for change:
There are two SAE test for sound , a drive by and the above standard. Listing the Standard number is SOP in most documents and eliminates any question of which sound test to use. Having the Standard number in the bill will also make enforcement and legal defense of the Statute easier. If you would like , a letter from California OHV head law enforcement officer outlining the legal issues of NOT listing the Standard can be supplied.
Change Request by:
AZOHVC ,NOHVCC, AMA, BRC

Page 6 lines 38 and 39 section 5-908 Operation restrictions
In addition, please add :
A. A PERSON SHALL NOT DRIVE AN OFF-HIGHWAY VEHICLE IN A MANNER THAT CAUSES UNLAWFUL DAMAGE TO OR DISTURBANCE OF WILDLIFE, WILDLIFE HABITAT, CULTURAL OR NATURAL RESOURCES OR PROPERTY OR IMPROVEMENTS.
Reason for change:
Disturbance could be easily interrupted as just being there.
All recreation would cause disturbance. To eliminate and miss- interpretation of want is actually unlawful damage.
Change Request by:
AZOHVC ,NOHVCC, AMA, BRC, SEMA ,ORBA

Page 6 lines 45 thru 48 section 5-908 Operation restrictions
In addition, please add :
C. A PERSON SHALL NOT OPERATE AN OFF HIGHWAY VEHICLE IN CONNECTION WITH ACTS OF VANDALISM, HARASSMENT OF WILDLIFE OR DOMESTIC ANIMALS, BURGLARIES OR OTHER CRIMES OR UNLAWFUL DAMAGE TO THE ENVIRONMENT, INCLUDING EXCESSIVE POLLUTION OF AIR, WATER OR LAND, ABUSE OF THE WATERSHED, IMPAIRMENT OF PLANT OR ANIMAL LIFE OR EXCESSIVE MECHANICAL SOUND EXCEEDING THE 96 DECIBELS LIMITS SET FORTH IN THIS DOCUMENT UNDER SECTION 5-907 3.

2.2.06 J.Gursh VP page 5 of 5

Reason for change:
By addition of unlawful , you have a legal description of Damage, excessive alone is a subjective measure, or opinion and difficult to uphold in court.
You set a limit in statue 5-907 A-3, for max 96 decibels allowed.
"Noise is perceived, SOUND is measured."
Change Request by:
AZOHVC ,NOHVCC, AMA, BRC, SEMA ,ORBA

This is a Bill worth saving. Years of work have gone into this bill by both Agencies and User groups alike. We respectfully request you consider these changes To SB1508.
Thank you for your consideration,
Jeff Gursh for the Arizona Off Highway Vehicle Coalition
Contact us at 602-788-9470
Fax 602-788-6770

Sandee McCullen
480.832.8132
FAX 480.641.5464

azrubyman
02-05-2006, 01:20 PM
So I buy a hunting licence, a game permit, a waterfowl stamp, a fishing licence, trout stamp and other special use stamps/permits. If I read correctly...I will now need to buy a "Copper Sticker" as well in order to pursue those sports? Is that correct?
Ken

Sandee McCullen
02-05-2006, 03:21 PM
So I buy a hunting licence, a game permit, a waterfowl stamp, a fishing licence, trout stamp and other special use stamps/permits. If I read correctly...I will now need to buy a "Copper Sticker" as well in order to pursue those sports? Is that correct?
Ken

Yep.......... if you want to "recreate" or "use" the trails it's no different than your hunting permit or fishing permit..... each permit is to FUND your choice in sports.

azrubyman
02-06-2006, 07:31 AM
Yep.......... if you want to "recreate" or "use" the trails it's no different than your hunting permit or fishing permit..... each permit is to FUND your choice in sports.

That's to bad and is what I was afraid of. I can't support this sticker unless my hunting/fishing license can grant me equal access if I am in pursuit of hunting or fishing. If not then folks without a hunting/fishing license should not be allowed on the trails until they purchase them. I can't believe any hunting/fishing group would go along with this without that type of clarification.

Ken

Sandee McCullen
02-06-2006, 07:50 AM
That's to bad and is what I was afraid of. I can't support this sticker unless my hunting/fishing license can grant me equal access if I am in pursuit of hunting or fishing. If not then folks without a hunting/fishing license should not be allowed on the trails until they purchase them. I can't believe any hunting/fishing group would go along with this without that type of clarification.

Ken

This is simply a "pay to play"......... no different than you "Pay to hunt"; or "pay to fish"; or pay to drive on paved roads; or pay to enter a National Park........... PAY TO USE. I don't know of any of the above that pay for all. If we lose "access to the back trails" don't you believe it will also close much of your access to hunt or fish?

I don't imagine any of us want to see this happen but if you stop paying for a hunting permit or fishing permit do you think you'll be able to continue huniting or fishing. If you don't pay your registration tags each year can you still rightfully drive your car? Motorized recreation has exploded in the past 10 years. It is the "new kid on the block" in some ways............ for the land managers, law enforcement, and US. Who and how is our sport to continue if those that USE THE LANDS don't pay for or help support it? If you don't "USE the trails", you don't pay. We are ALL going to have to look at the future of our sport. We're on the edge of losing a lot. The enviros are at our backs and definitely have the ear of the land managers and they HAVE DOLLARS. HOW do we fight this without matching dollars?

Sedona Jeep School
02-06-2006, 08:25 AM
I would pay a lot more if it meant a significant increase in funding for enforcement. I was out yesterday morning, and the trash dumped along the trail was appalling. I am sick of it.

Now, this is not OHV trash, because after the first mile, the trail is pristine, so you know it is just people who are too lazy, too stupid or both to properly dispose of the various yard clippings, construction trash, and "targets" with which they find themselves burdened. Our few dollars per year spent for a little copper sticker could help fund law enforcement, who in turn could write BIG FINES for those idiots, and hence, improve trail conditions even more.

Give me 12 copper stickers, please. :)

Either that, or permit us to use the litterbugs for target practice (and I promise to dispose of the trash properly!) :D

Sandee McCullen
02-06-2006, 08:32 AM
I would pay a lot more if it meant a significant increase in funding for enforcement. I was out yesterday morning, and the trash dumped along the trail was appalling. I am sick of it.

Now, this is not OHV trash, because after the first mile, the trail is pristine, so you know it is just people who are too lazy, too stupid or both to properly dispose of the various yard clippings, construction trash, and "targets" with which they find themselves burdened. Our few dollars per year spent for a little copper sticker could help fund law enforcement, who in turn could write BIG FINES for those idiots, and hence, improve trail conditions even more.

Give me 12 copper stickers, please. :)

Either that, or permit us to use the litterbugs for target practice (and I promise to dispose of the trash properly!) :D

GREAT response Nena.............. THANKS for the support. The bottom line is, if we don't start helping support ourselves, we won't have anything to worry about supporting. What this fee will also bring to us is the ability to not only help fund law enforcement and our trails......... it may even help FUND US.......... the dunderheads that spend hundreds or thousands of hours as volunteers "cleaning up other lazy jerko's messes". Now that might be worth $20.00 a year huh?

These dollars will also be for NEPA studies of lands so when the agencies claim "can't open that area or trail for you because we don't have the dollars to do the NEPA on the trail/area, WE CAN DO IT............ thusly we've retained access as a result of our own.

The problem is it's going to take buy-in from our people to make this work. Whiners about "other permits should cover OHV use" will kill the bill as well as kill our ability to get the upper hand in controling OUR LANDS or trails.

RokNRich
02-06-2006, 08:37 AM
I think Kens' point was if he was only hunting or fishing it is an extra burden, and he didn't think the hunting groups would go along with it.

I'm not sure I like it either, but will buy one as long as they aren't impossible to get.

Sandee McCullen
02-06-2006, 08:45 AM
I think Kens' point was if he was only hunting or fishing it is an extra burden, and he didn't think the hunting groups would go along with it.

I'm not sure I like it either, but will buy one as long as they aren't impossible to get.

I know.............. it's a tough call because we're all so used to "doing as we please" for so many years. The bottom line is it's the "USE of the trails" we're trying to cover. This means the equestrian that drives a one ton truck towing an 8 horse trailer to his favorite trail........ he DOES DAMAGE. It means the shooter that drives to the back country to shoot at anything, everything.... he DOES TRAIL IMPACT. It also means the yahoo that drives to the back areas to DUMP trash. If anyone is stopped (and we will have EXTRA Law Enforcement for this) they can now actually cite someone. As it is now everyone knows there's no law enforcement thusly they continue as is. The massive damage that's being done to the resources can be eliminated or severely curtailed with education and law enforcement............. either presence or citations.

Re getting them............. they will be as easy to get as the hunting/fishing licenses. Internet, WalMarts, G&F etc. These dollars will also pay for the "easy obtainability".

My1stJeep
02-06-2006, 09:09 AM
Sandee,

Just curious, not sure if I read it and did not catch it, but where in there is anything that does something about the missappropriation of our gas tax dollars? Since there must be a loophole for her to dip into those funds I was hoping to see something that would jump out and say that was closed.

Second, why do these grants come in the rears? My mother-in-law works for a charity and my mom works for another, all grants they submit prior to the programs starting, when approved and funding comes in the programs outlined in the grant are enacted. They get the money up front, I guess I am curious why this grant program is backwards?

azrubyman
02-06-2006, 09:24 AM
GREAT response Nena.............. THANKS for the support. The bottom line is, if we don't start helping support ourselves, we won't have anything to worry about supporting. What this fee will also bring to us is the ability to not only help fund law enforcement and our trails......... it may even help FUND US.......... the dunderheads that spend hundreds or thousands of hours as volunteers "cleaning up other lazy jerko's messes". Now that might be worth $20.00 a year huh?

These dollars will also be for NEPA studies of lands so when the agencies claim "can't open that area or trail for you because we don't have the dollars to do the NEPA on the trail/area, WE CAN DO IT............ thusly we've retained access as a result of our own.

The problem is it's going to take buy-in from our people to make this work. Whiners about "other permits should cover OHV use" will kill the bill as well as kill our ability to get the upper hand in controling OUR LANDS or trails.


I understand the intent of the sticker fees and I don't have a problem with that. My problem is simply that I think....(no, I KNOW) hunters and fishers carry an inordinate burden of cost for using the outdoors compared to those that don't buy the licenses. We gladly pay extra all the time in one form or another and this would be no exception if enacted.
No doubt you have put much effort into this sticker and you have some emotional attachment to it that I don't have. But please, insinuating to the masses that I'm whining when I log a legitimate question and opinion is no way to win my support on anything and it darn sure will not shut me up.

Ken

Sandee McCullen
02-06-2006, 09:27 AM
Sandee,

Just curious, not sure if I read it and did not catch it, but where in there is anything that does something about the missappropriation of our gas tax dollars? Since there must be a loophole for her to dip into those funds I was hoping to see something that would jump out and say that was closed.

Second, why do these grants come in the rears? My mother-in-law works for a charity and my mom works for another, all grants they submit prior to the programs starting, when approved and funding comes in the programs outlined in the grant are enacted. They get the money up front, I guess I am curious why this grant program is backwards?

The Gas Tax is a different bill altogether......... there was never anything written into the Gas Tax fill to stop them robbing it at any time. This bill will cover it as far as we can without putting the dollars into a TRUST like California does. G&F have absolutely FOUGHT us doing this. I don't know how the legislature will look on it although we have proposed it. Just received word from AMA last week that the legislature is AGAIN giving $700,000.00 to State Parks for "general operation". From the OHV Gas Tax Fund. We will be fighting it this year. Didn't know about it last year until it was done. I'lll keep everyone up to date on this bill because it will take HUNDREDS of letters to get the money back to OHV. So far we've only brought in a couple dozen support letters on any given issue. It's getting better but we need a lot more support from our own.

These funds will be upfront grants............. the Gas Tax dollars were set up to require "match dollars" as is the Recreational Trails Program (RTP... Federal Hwy dollars). Each require match dollars (thusly our volunteer hours). that's just the way their set up.

If WE have some control over this money we can MAKE IT WORK FOR US............ The AzOHV Coalition is now getting some "grants" in that are directly paid to the Coalition for projects of which we immediately pay out...... normally in advance, with no "match dollars".

This has all come about because of OHV support and the organized and RESPONSIBLE groups stepping up to be a stakeholder/partner in WINNING this battle.

Sandee McCullen
02-06-2006, 09:50 AM
I understand the intent of the sticker fees and I don't have a problem with that. My problem is simply that I think....(no, I KNOW) hunters and fishers carry an inordinate burden of cost for using the outdoors compared to those that don't buy the licenses. We gladly pay extra all the time in one form or another and this would be no exception if enacted.
No doubt you have put much effort into this sticker and you have some emotional attachment to it that I don't have. But please, insinuating to the masses that I'm whining when I log a legitimate question and opinion is no way to win my support on anything and it darn sure will not shut me up.

Ken

Ken,
I truly apologize if my resonses sounded like I was accusing "you" of whining........... The MASSES are whining. About everything. So many refuse to "join together"; or "support each other" it puts everyone on the defensive to "fight for themselves".
My husband and I also hunt......... I KNOW some of the attitude out there. Hunters feel OHV sucks; OHV feel hunters SUCK; non-motorized hate motorized; motorized hate non-motorized. G&F hate the feds; the feds hate G&F. It goes on and on and probably won't change. This is why WE MUST JOIN TOGETHER............. The USERS of the lands must help support this.

Actually my original proposal for this bill was EVERYONE that DROVE a MOTORIZED VEHICLE Off-Highway or a county/state maintained road needed to purchase a Copper Sticker. This meant the equestrians; hikers; mountain bikers; shooters; hunters or recreationists. This was agreed on by the group for a time and then G&F started turning it around bit by bit and it ended up at this time to read: ONLY IN COPPER STICKER IDENTIFIED AREAS/TRAILS will ALL vehicles have to have a sticker. In most areas licensed vehicles can travel without a sticker. ATV's & dirt bikes are getting stuck with the biggest portion of this Copper Sticker. I don't agree as I believe everyone "using" the trails should share in the costs but this is a start in the right direction. The "unfair" side of this in my opinion.......... The hunter that rides an ATV needs a Copper Sticker immediately off-highway or maintained road. A hunter driving a "registered licensed"
4x4 truck only needs a Copper Sticker if he enters a designated "Copper Sticker Area". Same for trucks w/horse trailers; or trucks with mountain bikes in the back.

The Copper Sticker is a "USE FEE", no different than a hunting permit; fishing license or National Park Permit. They don't apply to multiple uses.

Again, my apologies if I offended you with my statement. No intent intended. Friends?

SavageSun4x4
02-06-2006, 09:56 AM
That's to bad and is what I was afraid of. I can't support this sticker unless my hunting/fishing license can grant me equal access if I am in pursuit of hunting or fishing. If not then folks without a hunting/fishing license should not be allowed on the trails until they purchase them. I can't believe any hunting/fishing group would go along with this without that type of clarification.

Ken
Ken, the next time you go wheeling, take your fishing pole...

I can't go buy a fishing lic and use it to go wheeling!

Sedona Jeep School
02-06-2006, 10:09 AM
Ken, the next time you go wheeling, take your fishing pole...

I can't go buy a fishing lic and use it to go wheeling!

That's true. Because, when we fish or hunt, we are taking a resource, IN ADDITION TO using the trails. Others are "just using the trails".

What my concern is here is the growing complexity of the proposal. It is easy to implement (well, simple, not easy) if it is a blanket policy across ALL public land. To designate certain vehicles and/or certain areas, it becomes confusing, and actually requires more $ for signage, enforcement, education, and administrative implementation. Why would it not be a homogenous policy?

SavageSun4x4
02-06-2006, 10:15 AM
Ken,

The Copper Sticker is a "USE FEE", no different than a hunting permit; fishing license or National Park Permit. They don't apply to multiple uses.


ABSOLUTELY!

The government is not in business to to run deficits or operate at a loss. I have brought up this subject numerous times and have said: ‘when governments figure out they can make money off us wheelers they will begin to embrace us like long lost family members’.

The day I pay the government to wheel is the day I have rights and a voice that is now heard AND listened to.

We have no rights to wheel, none, nada. We may have rights to access public land, but no specific rights to recreate unless so deemed by government and executed by purchasing a license.

A key reason why groups that went up against the NRA and tried to take our guns away…simple: we the people have a right to firearm ownership.

A hunter/fisherman has a right to hunt and fish as so stated in his license that he purchased. Try to take the right away and elected officials will hear from them. Moreover, the government does not want to lose the income.

Pray, that the government issues a ‘Copper sticker’ that you PAY for, generates an income for government and gives you the right to wheel. Then watch the carnage as the ‘anti’s’ start losing the battles. Government is addicted to money as a puppy is to its mother’s teat.

azrubyman
02-06-2006, 10:18 AM
Ken,
I truly apologize if my resonses sounded like I was accusing "you" of whining........... The MASSES are whining. About everything. So many refuse to "join together"; or "support each other" it puts everyone on the defensive to "fight for themselves".
My husband and I also hunt......... I KNOW some of the attitude out there. Hunters feel OHV sucks; OHV feel hunters SUCK; non-motorized hate motorized; motorized hate non-motorized. G&F hate the feds; the feds hate G&F. It goes on and on and probably won't change. This is why WE MUST JOIN TOGETHER............. The USERS of the lands must help support this.

Actually my original proposal for this bill was EVERYONE that DROVE a MOTORIZED VEHICLE Off-Highway or a county/state maintained road needed to purchase a Copper Sticker. This meant the equestrians; hikers; mountain bikers; shooters; hunters or recreationists. This was agreed on by the group for a time and then G&F started turning it around bit by bit and it ended up at this time to read: ONLY IN COPPER STICKER IDENTIFIED AREAS/TRAILS will ALL vehicles have to have a sticker. In most areas licensed vehicles can travel without a sticker. ATV's & dirt bikes are getting stuck with the biggest portion of this Copper Sticker. I don't agree as I believe everyone "using" the trails should share in the costs but this is a start in the right direction. The "unfair" side of this in my opinion.......... The hunter that rides an ATV needs a Copper Sticker immediately off-highway or maintained road. A hunter driving a "registered licensed"
4x4 truck only needs a Copper Sticker if he enters a designated "Copper Sticker Area". Same for trucks w/horse trailers; or trucks with mountain bikes in the back.

The Copper Sticker is a "USE FEE", no different than a hunting permit; fishing license or National Park Permit. They don't apply to multiple uses.

Again, my apologies if I offended you with my statement. No intent intended. Friends?

Sandee...of course we're friends and I understand.
Ken

azrubyman
02-06-2006, 10:26 AM
Ken, the next time you go wheeling, take your fishing pole...

I can't go buy a fishing lic and use it to go wheeling!

You most certainly can buy a fishing permit or a hunting permit and go wheeling.....as on state trust lands. That's my point Don.
And I use my jeep mainly for just that... fishing, hunting and camping. So....the rig usually contains fishing poles, rifles etc. To go run a trail somewhere, just for the sake of crawling or to see what my rig can do is a rare event indeed. See...different uses for different folks....yet we are all in the OHV community.

Ken

SavageSun4x4
02-06-2006, 10:37 AM
You most certainly can buy a fishing permit or a hunting permit and go wheeling.....as on state trust lands. That's my point Don.

Ken
Ken, I didn't make myself clear: Buying a fishing license doesn't give you an inherent righ to go wheeling. Sure it have the right to get to your fishing spot, but the right to run 'trails'. That won't hold up in court and that arguement has been tried in a lot of circumstances. A drivers license gives me the right to drive, it doesn't give me the right to drive drunk.

Your honor, I was on the way to go fishing and I have a current-valid fishing license. I just thought I would drive up to Table Mesa and run the trails on the way to the Salt River, therefore I am on the way to go fishing.

Judge: Sorry, those fish are not biting at Table Mesa:)

Sandee McCullen
02-06-2006, 11:17 AM
ABSOLUTELY!

The government is not in business to to run deficits or operate at a loss. I have brought up this subject numerous times and have said: ‘when governments figure out they can make money off us wheelers they will begin to embrace us like long lost family members’.

The day I pay the government to wheel is the day I have rights and a voice that is now heard AND listened to.

We have no rights to wheel, none, nada. We may have rights to access public land, but no specific rights to recreate unless so deemed by government and executed by purchasing a license.

A key reason why groups that went up against the NRA and tried to take our guns away…simple: we the people have a right to firearm ownership.

A hunter/fisherman has a right to hunt and fish as so stated in his license that he purchased. Try to take the right away and elected officials will hear from them. Moreover, the government does not want to lose the income.

Pray, that the government issues a ‘Copper sticker’ that you PAY for, generates an income for government and gives you the right to wheel. Then watch the carnage as the ‘anti’s’ start losing the battles. Government is addicted to money as a puppy is to its mother’s teat.

One major point to clarify in this is: The GOVERNMENT gets nothing from these Copper Sticker funds. G&F will get dollars to administer the funds and State Lands will get "some" to help eliminate the State Recreation Permit for US but the rest of the money goes into a grant/agreement pot that the OHV Advisory Group (US) will oversee for dollar disbursement.

These funds are "FROM us, FOR us".

SavageSun4x4
02-06-2006, 11:28 AM
One major point to clarify in this is: The GOVERNMENT gets nothing from these Copper Sticker funds. G&F will get dollars to administer the funds and State Lands will get "some" to help eliminate the State Recreation Permit for US but the rest of the money goes into a grant/agreement pot that the OHV Advisory Group (US) will oversee for dollar disbursement.

These funds are "FROM us, FOR us".

What is G&F?

Sandee McCullen
02-06-2006, 11:49 AM
What is G&F?

Sorry, get into the acronymns too much.........

Arizona Game & Fish Department. thusly G&F.

Sedona Jeep School
02-06-2006, 11:59 AM
Just a note on perspective: in Texas, most game is hunted on private property. I have a friend whose family operates a game ranch--fees are anywhere from $400 to $7500 PER DAY. So an additional $20 per year, in addition to your license and tags, is still a smokin' deal.

And, Don--yes!--this is finally coming full circle. What is it you always say in your usual subtle way--"Get them hooked on our money like an addict jonesing for a needle"? :D

1BLKJP
02-06-2006, 02:51 PM
One major point to clarify in this is: The GOVERNMENT gets nothing from these Copper Sticker funds. G&F will get dollars to administer the funds and State Lands will get "some" to help eliminate the State Recreation Permit for US but the rest of the money goes into a grant/agreement pot that the OHV Advisory Group (US) will oversee for dollar disbursement.

These funds are "FROM us, FOR us".

So Sandee, I might've have missed this initially as I just quickly read thru everything, but the Copper Sticker will effectively eliminate the State Trust Rec Permit?

And Don what is it you always say in regards to these fees? There ain't no free lunch? :D Bring it on if it keeps land open. Money talks and a lot b*tchin hadn't got us much as of yet.

SavageSun4x4
02-06-2006, 03:45 PM
Money talks and a lot b*tchin hadn't got us much as of yet.
You’re correct. Hunters, anglers have been buying a license for many years and largely the 'anti's' have left them alone. Moreover, with the exception of a few states fishing and hunting is a big business. I had to take a test and buy a motorcycle license; I had to buy a license for my jet ski. The anti's have after some early wins ended up losing out in the end.

The OHV crowd has had a free ride and the one leg they had to stand on was 'public access for public land' and that was one hellva weak leg. Since access does not grant you the right to wheel, your jeep up and down the hills. However, sell us the right thru licensing and whoa, you now 'got a ticket to ride'.

Moreover, maybe starting out the 'funds are from us, for us'. Nevertheless, there was never a politico that couldn't smell the scent of money in a room full of farts at a bean house. Be forewarned, they will get their hands on some of it. Show me a government program at any level of government that funds collected from the people go back to the people. It does not exist and we have a $2.7 Trillion dollar budget you can look thru.

Hard to complain about the restaurant food if you did not buy the meal. Now we have our chance to buy the meal.

Sandee McCullen
02-06-2006, 04:45 PM
So Sandee, I might've have missed this initially as I just quickly read thru everything, but the Copper Sticker will effectively eliminate the State Trust Rec Permit?

And Don what is it you always say in regards to these fees? There ain't no free lunch? :D Bring it on if it keeps land open. Money talks and a lot b*tchin hadn't got us much as of yet.

As it sits right now it will replace OHV "driving" but it won't cover camping, stopping, etc..... We still have to get confirmation IN WRITING on this because at one time it was for "direct access to other lands only", now they say "trails riding without stopping, camping, unloading etc. Whichever......... it's a start.

azrubyman
02-06-2006, 06:01 PM
This has been good discussion and I think we need more of the same on other issues as well.
When I first read the bill....I interpreted "more dollars out of the hunter and fisher" so others can use our resource. That was because only my hunting and fishing hat was on. I still think that, though to a much lessor extent, but I also understand the intent of the bill and what this will do for us in the OHV world. Given that I have a clearer understanding of what the funding does for our common voice, especially long term and the fact that it is not required for all access I can support it.
So with references to Texas aside :) ...thanks for helping me understand this better.
Ken

Sandee McCullen
02-06-2006, 07:03 PM
This has been good discussion and I think we need more of the same on other issues as well.
When I first read the bill....I interpreted "more dollars out of the hunter and fisher" so others can use our resource. That was because only my hunting and fishing hat was on. I still think that, though to a much lessor extent, but I also understand the intent of the bill and what this will do for us in the OHV world. Given that I have a clearer understanding of what the funding does for our common voice, especially long term and the fact that it is not required for all access I can support it.
So with references to Texas aside :) ...thanks for helping me understand this better.
Ken

Thanks for hanging in there............. it's sometimes difficult to explain something as involved as this. We have been working on this for over a year and a half. Each time the "group" agreed on something G&F would change it. Now, THANKS for the 120+ emails they received from all of you, they have officially said this is an "OHV Bill"..... we can now make this OUR WAY or KILL it. I will "compromise" to work with everyone but will NOT give up what is OURS. There are still some issues to settle but I think this can work for us.

If you have a question........... ask. If you have a suggestion........ give it.

Sandee McCullen
02-06-2006, 07:51 PM
You most certainly can buy a fishing permit or a hunting permit and go wheeling.....as on state trust lands. That's my point Don.
And I use my jeep mainly for just that... fishing, hunting and camping. So....the rig usually contains fishing poles, rifles etc. To go run a trail somewhere, just for the sake of crawling or to see what my rig can do is a rare event indeed. See...different uses for different folks....yet we are all in the OHV community.

Ken

No you cannot "buy a fishing or hunting permit and go wheeling" on State Trust Lands. Not LEGALLY anyway. Your hunting permit is valid to cross lands to your favorite hunting spot during legitimate hunting seasons ONLY. It does not cover recreating; camping; shooting; or walking your dog........ even during hunting season. Nor does your hunting/fishing permit "PRE-Hunting"... scoping.

Puts us right back to the exact situation as the Copper Sticker......... It's intended to cover specific USE. Just as a hunting/fishing permit; a special OHV park with fees; or entry fees into a National Park. Each is specific to it's own.

azrubyman
02-06-2006, 08:20 PM
No you cannot "buy a fishing or hunting permit and go wheeling" on State Trust Lands. Not LEGALLY anyway. Your hunting permit is valid to cross lands to your favorite hunting spot during legitimate hunting seasons ONLY. It does not cover recreating; camping; shooting; or walking your dog........ even during hunting season. Nor does your hunting/fishing permit "PRE-Hunting"... scoping.

Puts us right back to the exact situation as the Copper Sticker......... It's intended to cover specific USE. Just as a hunting/fishing permit; a special OHV park with fees; or entry fees into a National Park. Each is specific to it's own.

Sorry, I disagree with you on this point so does the ASLD. You can hunt, fish, camp and even walk your dog as long as he's hunting and you have a valid hunting license/permit for the game in season. But don't take my word for it.
From...http://www.land.state.az.us/programs/natural/rec_offroad_permit.htm

"You do not need an ASLD Recreational Permit if you are hunting or fishing on State lands and have a valid hunting or fishing license issued by the Arizona Game and Fish Department. All other recreational activities require an ASLD Recreational Permit. Commercial recreational activities or recreational events that charge a participation fee, i.e. hot air balloon rides, jeep tours, hayrides, horseback rides, bicycle races, equestrian events, ultra light aircraft, etc., may be considered under an ASLD Special Land Use Permit, but not under an ASLD Recreational Permit.

ACCESS ACROSS STATE LAND FOR RECREATIONAL PURPOSES by off-highway vehicles is outlined under State Land Department A.A.C. Rule R12-5-533(D). Under this rule a recreationist would need a permit to gain access to State Trust land or to other lands beyond Trust land unless traveling on a public road or highway.

RECREATIONAL ACTIVITIES ALLOWED ON STATE LANDS WITH A PERMIT INCLUDE:

• Hiking, horseback riding, bicycling, picnics, photography, bird watching, sightseeing

• Camping (restricted to 14-day limit per year)

• Off highway vehicle use (restricted to existing roads and trails)

what is not allowed

"RECREATIONAL ACTIVITIES NOT ALLOWED ON STATE LANDS UNDER ANY PERMIT:

• Target shooting, paint ball games, fireworks

• Non-recreational or extended camping

• Recreational flying

• Tours of prehistoric and historic cultural or archaeological sites

• Metal detecting to search for artifacts, relics and treasures

• Collecting or removing natural products (rocks, stone, soil, fossils, mineral specimens, cacti, saguaro or cholla skeletons, plants (live or dead), or firewood for home use

Closure of State lands to specific recreational activities, on a temporary or permanent basis, may include the following reasons:

• Sensitive or protected archaeological or ecological areas

• Environmental issues, i.e. trespass or mitigation activities, environmental contamination/hazards, dust abatement, etc.

• In coordination with Arizona Game and Fish Department

• Commercial development, mining, agricultural or timber harvesting activities

• Lands leased to State Parks (separate permit system through State Parks)

• Health, safety and welfare of the public

• State Forester declaration of extreme fire danger or fire restrictions

During periods of high fire danger, the State Forester may prohibit fire causing activities, such as open burning, camp and cooking fires, and/or smoking to prevent wildfires. Under severe fire danger the State lands may be closed to all recreational activities"

Ken

Sandee McCullen
02-06-2006, 08:31 PM
Sorry, I disagree with you on this point so does the ASLD. You can hunt, fish, camp and even walk your dog as long as he's hunting and you have a valid hunting license/permit for the game in season. But don't take my word for it.
From...http://www.land.state.az.us/programs/natural/rec_offroad_permit.htm

"You do not need an ASLD Recreational Permit if you are hunting or fishing on State lands and have a valid hunting or fishing license issued by the Arizona Game and Fish Department. All other recreational activities require an ASLD Recreational Permit. Commercial recreational activities or recreational events that charge a participation fee, i.e. hot air balloon rides, jeep tours, hayrides, horseback rides, bicycle races, equestrian events, ultra light aircraft, etc., may be considered under an ASLD Special Land Use Permit, but not under an ASLD Recreational Permit.

ACCESS ACROSS STATE LAND FOR RECREATIONAL PURPOSES by off-highway vehicles is outlined under State Land Department A.A.C. Rule R12-5-533(D). Under this rule a recreationist would need a permit to gain access to State Trust land or to other lands beyond Trust land unless traveling on a public road or highway.

RECREATIONAL ACTIVITIES ALLOWED ON STATE LANDS WITH A PERMIT INCLUDE:

• Hiking, horseback riding, bicycling, picnics, photography, bird watching, sightseeing

• Camping (restricted to 14-day limit per year)

• Off highway vehicle use (restricted to existing roads and trails)

what is not allowed

"RECREATIONAL ACTIVITIES NOT ALLOWED ON STATE LANDS UNDER ANY PERMIT:

• Target shooting, paint ball games, fireworks

• Non-recreational or extended camping

• Recreational flying

• Tours of prehistoric and historic cultural or archaeological sites

• Metal detecting to search for artifacts, relics and treasures

• Collecting or removing natural products (rocks, stone, soil, fossils, mineral specimens, cacti, saguaro or cholla skeletons, plants (live or dead), or firewood for home use

Closure of State lands to specific recreational activities, on a temporary or permanent basis, may include the following reasons:

• Sensitive or protected archaeological or ecological areas

• Environmental issues, i.e. trespass or mitigation activities, environmental contamination/hazards, dust abatement, etc.

• In coordination with Arizona Game and Fish Department

• Commercial development, mining, agricultural or timber harvesting activities

• Lands leased to State Parks (separate permit system through State Parks)

• Health, safety and welfare of the public

• State Forester declaration of extreme fire danger or fire restrictions

During periods of high fire danger, the State Forester may prohibit fire causing activities, such as open burning, camp and cooking fires, and/or smoking to prevent wildfires. Under severe fire danger the State lands may be closed to all recreational activities"

Ken

NOPE.......... ONLY hunting. No camping, no recreating, no pre-hunting under a hunting permit.

I have worked with ASLD for 6 years and Tammy Pike was OHV Manager at that time and have discussed this issue more times than I would like.

I'll send this on to her for her judgement...... fair?

azrubyman
02-06-2006, 09:12 PM
NOPE.......... ONLY hunting. No camping, no recreating, no pre-hunting under a hunting permit.

I have worked with ASLD for 6 years and Tammy Pike was OHV Manager at that time and have discussed this issue more times than I would like.

I'll send this on to her for her judgement...... fair?

I'll keep obeying the law as it is written and posted. It has served me well and given the numerous times I have been "checked" in the field over the last 27 years and never issued anything but a congratulations, good luck and have a nice day....I'm confident I'm not breaking any laws at least on teh hunting part.
It's similar to folks saying you can't hunt by a waterhole or you have to be a 1/4 mile away. This is BS...you can sit down in the middle of it if you want as long as livestock is not present. Scaring a thirsty cow is just not civilized.
What you can't do is camp by a waterhole....as it disturbs not only livestock, but the wild critters coming in to drink at night. And you can't shoot within 1/4 mile of an occupied dwelling.

Ken

RokNRich
02-06-2006, 10:14 PM
D. NO PERSON MAY OPERATE AN OFF HIGHWAY VEHICLE IN CONNECTION WITH ACTS OF VANDALISM, HARASSMENT OF WILDLIFE OR DOMESTIC ANIMALS, BURGLARIES OR OTHER CRIMES, OR DAMAGE TO THE ENVIRONMENT, WHICH INCLUDES EXCESSIVE POLLUTION OF AIR, WATER, OR LAND, ABUSE OF THE WATERSHED, IMPAIRMENT OF PLANT OR ANIMAL LIFE, OR EXCESSIVE MECHANICAL NOISE EXCEEDING THE 96 DECIBEL LIMIT SET IN THIS DOCUMENT SECTION 28-1182 A -3.

B. A person who violates this section is guilty of a class 2 misdemeanor.
C. F. In addition to or in lieu of the fine prescribed by this section, a judge may order the person to perform at least eight but not more than twenty-four hours of community service or to complete an approved safety course, or both.


28-1175. Instruction course; fee
A. The ARIZONA GAME AND FISH Ddepartment shall conduct or approve an educational course of instruction in off-highway vehicle safety and environmental ethics. The course shall include instruction on off-highway vehicle uses that limit air pollution and harm to natural terrain, vegetation and animals. Successful completion of the course requires successful passage of a written examination.

B. Any governmental agency, corporation or other individual that conducts a training and educational course that is approved by the dDepartment may collect a fee that is reasonable and commensurate for the training and that does not exceed fifty dollars.



So just offenders need to take the course, or everyone ?





28-1182. VEHICLE EQUIPMENT REQUIREMENTS; RULEMAKING.

2. LIGHTED HEADLIGHTS AND TAILLIGHTS THAT MEET OR EXCEED ORIGINAL EQUIPMENT MANUFACTURER (O.E.M.) GUIDELINES WHEN OPERATED BETWEEN ONE HALF HOUR AFTER LEGAL SUNSET AND ONE HALF HOUR PRIOR TO LEGAL SUNRISE.
3. ALL OFF-HIGHWAY VEHICLES SHALL BE EQUIPPED AT ALL TIMES WITH A MUFFLER THAT IS IN GOOD WORKING ORDER AND THAT IS IN CONSTANT OPERATION TO PREVENT EXCESSIVE OR UNUSUAL NOISE ABOVE 96 DECIBELS, WHEN MEASURED FROM A DISTANCE OF 20 INCHES USING TEST PROCEDURES ESTABLISHED BY THE SOCIETY OF AUTOMOTIVE ENGINEERS (S.A.E) UNDER STANDARD J-1287 EXCEPT WHEN OPERATING ON A CLOSED COURSE.
4. A SPARK ARRESTOR DEVICE APPROVED BY THE USDA IN CONSTANT OPERATION EXCEPT WHEN OPERATING ON A CLOSED COURSE.
5. A SAFETY FLAG, A MINIMUM OF SIX BY 12 INCHES, ATTACHED TO THE OFF-HIGHWAY VEHICLE AT LEAST EIGHT FEET ABOVE THE SURFACE OF LEVEL GROUND, WHEN OPERATED ON SAND DUNES OR AREAS DESIGNATED BY THE MANAGING AGENCY.
B. A PERSON UNDER THE AGE OF 18 MAY NOT OPERATE OR RIDE OFF-HIGHWAY ON A TYPE I OR II OFF-HIGHWAY VEHICLE, ON PUBLIC OR STATE LAND UNLESS THE PERSON IS WEARING A PROPERLY FITTED AND FASTENED PROTECTIVE HEADGEAR DESIGNED FOR MOTORIZED VEHICLE USE WITH A MINIMUM UNITED STATES DEPARTMENT OF TRANSPORTATION SAFETY-RATING.

C. THE ARIZONA GAME AND FISH COMMISSION MAY:

1. MAKE RULES AND REGULATIONS REQUIRED TO CARRY OUT IN THE MOST EFFECTIVE MANNER ALL THE PROVISIONS OF THIS SECTION:
2. MODIFY THE OFF-HIGHWAY VEHICLE EQUIPMENT REQUIREMENTS IN CONFORMITY WITH THE PROVISIONS OF FEDERAL LAWS.
3. PRESCRIBE ADDITIONAL EQUIPMENT REQUIREMENTS NOT IN CONFLICT WITH FEDERAL LAWS OR REGULATIONS.



Interesting, the rest was pretty tough to read, seems like the biggest concern is who is going to get the money, par for the course I guess. Thanks for all the time you have put into this.

Sandee McCullen
02-06-2006, 11:08 PM
So just offenders need to take the course, or everyone ?



Interesting, the rest was pretty tough to read, seems like the biggest concern is who is going to get the money, par for the course I guess. Thanks for all the time you have put into this.

You are absolutely right....... this has been a nightmare and it's not done yet.
The dollar distribution was originally proposed by G&F to be something like 89% to G&F for law enforcement. That was stopped quickly. The group compromised on:
40% to G&F........ this included OHV law enforcement; OHV education; and administration. 10% to State Land Dept. for OHV only and 50% to OHV to be distributed via grants or agreements to the feds, counties or facilities etc as agreed to by the OHV Advisory Group. Believe me, no one other than G&F support this proportions but it was a compromise we could work with for now. There's talk this may significantly be changed in legislation but who's to know what happens down there. The MAJOR problem, and this bill will be killed if we don't get ACCOUNTABILITY for the dollars to G&F. Thus far they have refused to bend. I think the legislators will support our side.

Just "offenders" will have to take the course although all are encouraged to do so always. The dealers are even paying for this training. It is worth it but many simply don't pay attention.