Archive for the ‘Law’ Category

Broken Clocks?

March 14, 2009

Even a broken clock shows the correct time twice a day as the saying goes. The forces of anti-liberty often point to Great Britain as a fine example of how things like gun control are a panacea for ending violent crime. What they do not like though is reality.

The horror of the school shooting in Winnenden will be followed by calls for Germany’s already restrictive gun laws to be tightened. But the hope that this will work is misplaced.

After the Erfurt school shooting in 2002, guns controls were supposedly strengthened and before that, in 1972, Germany introduced draconian gun laws to combat Baader-Meinhof terrorism. In the first three years after the legislation was passed, German military and police armouries “lost” 34 machine guns, 198 sub-machineguns, 363 automatic rifles and 1,142 pistols: with such firepower available from the organs of the State itself, the Federal Republic did not have enough terrorists to go round. As we in Britain now know, having seen the doubling of handgun crime within five years of our total ban on pistols, “gun control” is a perverse concept.

If the Germans are serious about stopping killers running amok in schools, they might consider the Israeli solution of arming teachers. It works there, as it has on occasion in America – the massacre in the “gun-free zone” of Virginia Tech can be contrasted with the assault by a former pupil on the neighbouring Appalachian Law School in 2002 that was halted by two armed students.

FULL STORY

Get the lead out..? Why?

March 14, 2009

Yet another back door attempt at gun control and a hunting ban based upon nebulous reasons not science. Please note that I happen to be a big fan of solid copper bullets, and Hevi-Shot however they are very expensive compared to conventional ammunition. Nor are they all that available, or even the best choice for all situations. If this idiotic back door law via regulation goes through how long until all BLM as well as other public hunting venues are subjected to the same sort of emotion based management?

Friday, March 13, 2009
The National Park Service (NPS) has announced its intention to ban traditional ammunition containing lead in all its parks. The move would needlessly push hunters to use more costly bullets made of tungsten, copper, and steel. The restrictions, set to take affect by the end of 2010, were announced without regard to science and without soliciting feedback from sportsmens’ groups.

Park ranger“The NPS announcement demonstrates either complete ignorance or complete arrogance as to the effect that this policy will have on hunters,” said NRA-ILA Executive Director Chris W. Cox. “There is no science to support NPS’s contention that the use of lead ammunition in hunting is causing environmental contamination, having a negative effect on wildlife, or posing a threat to the health of visitors or park staff. This policy, and the lack of communication in advance with the sportsmen’s community, is a deliberate attempt to reduce the number of people who will want to hunt in the 60 parks that are open to hunting. This plays directly into the hands of radical anti-hunting organizations like the Humane Society of the U.S. which is advocating that hunters be banned from using lead ammunition.”

NRA-ILA will continue to be a voice of opposition against this unnecessary action and is committed to protecting the rights of hunters to use the ammo that is best suited for their hunting needs and budget.

To read NRA-ILA’s comments regarding the Elk Management Plan and the use of lead ammunition in Theodore Roosevelt National Park, please click here.

Homeland Security plans for violence

March 14, 2009

So you thought that the uproar over Americans having their rights taken from them as a result of Mexican Criminal activity had silenced to gun grabbers? Not so… As usual it simply put a hush on things for convenience. Nothing has changed a single iota. The administrations plan is still to take away Americans ability to fight back in an effective manner against murderous thugs. Or perhaps it is so that Americans cannot resist their own government when they become the thugs? The fine folks that brought you Ruby Ridge and the Waco Holocaust are going to rescue you once again from yourselves! Yes, pigs are flying but they are a buffed and polished bunch. Now with pretty new lipstick.

Read on

Homeland Security plans for violence on U.S. border

The Associated Press

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WASHINGTON — Tighter gun control and stronger law enforcement in Southwestern states were recommended Thursday by lawmakers concerned about drug violence in Mexico possibly spilling across the border.

The escalating violence — which has killed thousands, mostly south of the border — has been blamed on Mexican drug cartels which one Homeland Security official described as the biggest organized-crime threat facing the United States.

Roger Rufe, Homeland Security’s head of operations, outlined the agency’s plans for protecting the border, a response that includes — as a last resort — deploying military personnel and equipment to the region if other agencies are overwhelmed.

Echoing comments a day earlier from President Barack Obama, Rufe said there currently was no need to militarize the Southwestern border with Mexico, despite violence that threatens to migrate into the United States.

“We would take all resources short of DoD [Defense Department] and National Guard troops before we reach that tipping point,” Rufe told lawmakers on a House homeland security subcommittee. “We very much do not want to militarize our border.”

Rufe did not specify what circumstances would trigger a call for troops.

The violence is blamed on Mexican President Felipe Calderon’s crackdown on drug cartels over the past two years.

In recent weeks, his government has deployed 700 extra federal police to Ciudad Juarez, a city across from El Paso, where local police have been swamped by drug violence. This month, 3,200 federal troops were sent to the city.

Tijuana and Culiacan are also hotbeds of violence, according to Andrew Selee, director of the Mexico Institute at the Woodrow Wilson International Center for Scholars.

Mexican officials say the violence killed 6,290 people last year and more than 1,000 in the first eight weeks of 2009.

“The United States and Mexico border violence can only be solved if we look at all parts of the equation,” Rep. John Tierney, D-Mass., said Thursday during a House subcommittee considering changes to U.S. gun laws. “Let’s examine our gun laws, let’s cut down on U.S. drug consumption, let’s ask there to be more resources to root out drug-money laundering,” he said.

Tierney said 90 percent of the weapons seized from Mexican organized crime came from the United States. Tierney said the information was from the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Gun-control expert Tom Diaz said the U.S. needs to enforce gun-importation laws already on the books to prevent weapons coming into the U.S. and ending up in Mexico.

Lawmakers also weighed increasing inspections of people and vehicles leaving the U.S. to go to Mexico to help stop the potential smuggling of weapons. The Customs and Border Protection agency currently does some inspections. But Salvador Nieto, a senior official within the agency’s intelligence division, said more resources would be needed if Congress wants to step up inspections.

Warring drug cartels are blamed for more than 560 kidnappings in Phoenix in 2007 and the first half of 2008, as well as killings in Atlanta, Birmingham, Ala., and Vancouver, British Columbia.

Rufe said that while the violence along the border in Mexico is appalling, violent crimes have not increased in U.S. border cities as a result. He said kidnappings are up, but violent crime is down.

“We’re not so concerned, at least at this point, about that violence spilling over into our cities,” he said.

Further, the Homeland Security Department’s representative in Mexico, Alonzo Pena, said the violence there is not as dangerous to U.S. tourists as has been portrayed.

Pena said the violence is in isolated areas of the country and affects only the people involved in crime. He said the violence is not affecting U.S. citizens visiting Mexico, and Americans should not cancel their vacations in the country.

This month, the ATF warned college students on spring breaks not to travel to parts of northern Mexico because it was too dangerous.

In February, the State Department advised travelers to avoid areas of prostitution and drug-dealing in Mexico.

We very much do not want to militarize our border.”

Roger Rufe,
Homeland Security’s head of operations

A Nation for sale, one state at a time

March 14, 2009

The past election cycle made it very clear that elections can in fact be bought. True, how the money is used to market a package has a lot to do with the process but the result is still pretty much the same. Putting together a war chest and then painting a picture that sells has a lot to do with how people influence electoral outcomes. What follows is a great piece of work and should be required reading for anyone that wants more from candidates then simple lipstick on a pig with wings.

H/T to Face the State
March 13, 2009

More light has been shed on the Colorado Democracy Alliance, a coalition of wealthy and once clandestine donors who helped turn Colorado from a solidly red state to trusted blue over just the last five years.

In the most recent edition of National Review magazine, former state Rep. Rob Witwer, a Genesee Republican, writes about Colorado’s “Rocky Ride,” detailing how the GOP fell “from power in Colorado — and how the Democrats hope to replicate it.”

Witwer’s thesis is that Colorado Democrats rose to power in the 2004 and 2008 elections not because of some complicated strategy, but rather because of a winning combination of basic grassroots politics coupled with a ton of cash.

Prior to the 2004 election, the GOP ruled nearly every political office in the state, holding both U.S. Senate seats, five of seven congressional seats, the four major statewide offices, including governor, and controlling both houses of the state legislature. By the time 2009 rolled around, however, Witwer concludes, “the opposite is true: Replace the word ‘Republicans’ with ‘Democrats’ in the previous sentence, and you have one of the most stunning reversals of fortune in American political history.”

Democrats spoke freely with Witwer for his analysis, which is part of a book he’s currently working on with 9News political reporter Adam Schrager. Titled, “The Blueprint: How Democrats Won the West (and Why Republicans Should Care).” The book will be published in 2010.

“In hindsight, what Colorado Democrats did was as simple as it was effective,” Witwer writes. “First, they built a robust network of nonprofit entities to replace the Colorado Democratic party, which had been rendered obsolete by campaign-finance reform. Second, they raised historic amounts of money from large donors to fund these entities. Third, they developed a consistent, topical message. Fourth, and most important, they put aside their policy differences to focus on the common goal of winning elections. As former Democratic house majority leader Alice Madden later said, ‘It’s not rocket science.’”

Witwer says he’s interested in studying Colorado’s political history from a journalistic perspective, not a political one. “Whether people are happy or unhappy with the political developments of the last four years, the [political] change has been remarkable and that story needs to be told,” he told Face The State.

Last October, documents obtained by Face The State revealed the inner workings of CoDA, including a memo detailing a plan to “educate the idiots.”

We won, for now…

March 12, 2009
Victory in the House!
-- But the land bill battle will continue

Gun Owners of America E-Mail Alert
8001 Forbes Place, Suite 102, Springfield, VA 22151
Phone: 703-321-8585 / FAX: 703-321-8408
http://www.gunowners.org

Wednesday, March 11, 2009

Thanks to you, a bill expanding gun control on federal land was narrowly
defeated Wednesday morning, March 11.

The Omnibus Public Lands Act of 2009, S. 22, would have drastically
increased the amount of land controlled by the National Park Service,
thus subjecting such land to the anti-gun regulations of the agency.

The bill was brought to the floor of the U.S. House on what is known as
the "suspension calendar."  This calendar is normally reserved for
non-controversial bills. As such, any bill being passed under the
suspension calendar requires a two-thirds majority of those voting.

In this case, the pro-gun position prevailed by a mere two votes --
meaning S. 22 is far from being non-controversial.

Although suspension bills are not normally amended, one change was
allowed in a secret backroom deal between a few members.

The amendment, offered by Rep. Jason Altmire (D-PA), was intended to
alleviate the concerns of gun owners.

The Altmire amendment sought to protect hunting and recreational
shooting on federal land, but those steps are completely inadequate to
address the concerns of millions of gun owners.

The Second Amendment protects, as the Supreme Court affirmed in D.C. v.
Heller, an individual right to keep and bear arms.  That right was never
intended to protect only the shooting sports.

Under current regulations, firearms possessed for the sole purpose of
self-defense on land controlled by the National Park Service is
prohibited unless the person holds a concealed carry permit.

While millions of law-biding Americans hold CCW permits, many more do
not.  It is these citizens' rights that are going unprotected.

NPS land covers the gamut from busy thoroughfares to remote wilderness
areas.  These gun free zones are dangerous, in addition to creating a
patchwork of inconsistent regulations between federal and state land.

Although we won today, unfortunately the battle is not over.

The anti-gun leadership will attempt to bring this bill back to the
floor in a way that requires a simple majority, rather than the
two-thirds vote they needed Wednesday.

Several pro-gun congressmen will try to offer an amendment in committee
to simply allow state and local law to govern firearms possession on NPS
land.  This type of amendment would put more control at the local level
and protect the gun rights of all law-abiding Americans.

What is expected is that the leadership will propose a new 
"rule" that
blocks any such pro-gun amendments.

If that happens, the vote on the rule becomes the gun vote.

House leaders have not indicated when they will attempt to bring the
bill back to the floor, but it could come up at any time.

Therefore, your Representative needs to hear from you once again, for
two reasons. First, the entire House needs to be urged to reject any
parliamentary trick that excludes language to protect Second Amendment
rights on federal land.  Next, those who voted against your rights need
to know of your dissatisfaction, while those who stood up for your
rights should be thanked.

ACTION: Please use the Gun Owners Legislative Action Center at
http://gunowners.org/activism.htm to send your Rep. a pre-written
letter. Note: the LAC will automatically load the correct text for
individual Representatives, based upon their vote Wednesday.  Because
the list has to be divided in this way, the pre-written letters are not
editable by the sender.

----- Pre-written letter for those who voted pro-gun -----

Dear Representative:

Thank you for standing up for the Second Amendment by voting against S.
22, the Omnibus Public Lands Management Act of 2009.

This bill would greatly expand land controlled by the National Park
Service, and thus spread the agency's gun restrictions to even more
areas.  The NPS gun ban should be repealed, not expanded.

Although the pro-gun side won today, the battle is not over.  The
anti-gun leadership will try to bring the bill to the floor again, this
time with a rule intended to exclude a pro-gun amendment to repeal the
NPS anti-gun regulations.

If that is the case, I urge you to once again stand up for the Second
Amendment and vote against the rule.

Sincerely,

----- Pre-written letter for those who voted anti-gun -----

Dear Representative,

I am extremely disappointed that you did not stand up for the Second
Amendment on the issue of S. 22, the Omnibus Public Lands Management Act
of 2009.

This bill would greatly expand land controlled by the National Park
Service, and thus spread the agency's gun restrictions to even more
areas.  The NPS gun ban should be repealed, not expanded.

Although the pro-gun side won today, the battle is not over.  The
anti-gun leadership will try to bring the bill to the floor again, this
time with a rule intended to exclude a pro-gun amendment to repeal the
NPS anti-gun regulations.

If that is the case, I urge you to protect the Second Amendment rights
of law-abiding Americans and vote against the rule.

Sincerely,

EMERGENCY ALERT: GOA!

March 10, 2009

Why do I smell a Lautenberg..?

Emergency Alert!
— Compromise on massive land bill does not protect Second Amendment
rights

Gun Owners of America E-Mail Alert
8001 Forbes Place, Suite 102, Springfield, VA 22151
Phone: 703-321-8585 / FAX: 703-321-8408

Home

Tuesday evening, March 10, 2009

Gun Owners of America does not sound the “Emergency alarm”
often — and
when we do, we mean it.

Remember the massive land bill, S. 22, that passed out of the Senate
last month?

It was expected to pass quickly in the House, but your opposition to an
expansion of gun control contained in the bill forced it to be pulled
from the floor.

GOA has just learned that after some backroom deals, the bill is headed
to the floor WEDNESDAY MORNING, without any amendments to truly protect
your Second Amendment rights on National Park Service (NPS) land.

You have fought the battle over the NPS gun ban for a long time.

Unlike U.S. Forest Service and Bureau of Land Management (BLM) land,
which allow for state and local law to govern firearms possession, NPS
land is subject to a complete gun ban for any citizen who does not hold
a concealed carry permit.

The bill coming to the floor March 11 greatly expands NPS land, thus
spreading the agency’s anti-gun regulations into more areas.

S. 22 is actually a compilation of over 190 bills, many of which were
never even debated on their own merits.

Here are just a few examples of land expansions in the bill:

* Section 5204 of the bill establishes the Washington-Rochambeau Route
as a Historic Trail. This dual trail begins in Rhode Island and travels
650 miles to Yorktown, Virginia. The trail includes parts of major
thoroughfares on the east coast such as Interstate 95 and US Route 1,
meaning the gun ban could effect hundreds of thousands of unsuspecting
gun owners each day.

* Section 5301 authorizes the federal government to buy private land
adjacent to national parks and trails. Such land would be controlled by
the NPS, and thus be subject to the agency’s anti-gun regulations.

* Section 7002 makes the birthplace of William Jefferson Clinton a
National Historic Site. Perhaps it’s fitting that the legacy of former
President Clinton, who was responsible for so many anti-Second Amendment
laws, will include yet another “gun free” zone.

In all, the bill designates over 2 million acres of wilderness,
establishes three new national parks, a new national monument, three new
national conservation areas, and four new national trails.

In an effort to persuade pro-gun Congressmen to vote for the bill, the
leadership apparently agreed to one backroom change — an amendment to
protect hunting and recreational shooting.

The compromise measure misses the point. The founding fathers did not,
in their struggle to secure essential freedoms, craft the Second
Amendment with the idea that it would protect hunting and recreational
shooting.

It is seemingly simple to understand, yet we have to continually remind
the Congress that the Second Amendment is not about hunting!

If we have any chance of stopping this bill, you must contact your
Representative right away.

The bill is scheduled to come to the floor before noon, Wednesday, March
11.

Please don’t let Congress sneak this expansion of gun control through
the House under the guise that compromise language protects your Second
Amendment rights. It doesn’t.

ACTION: Right now, please use the Gun Owners Legislative Action Center
at http://gunowners.org/activism.htm to send your Representative the
pre-written letter below.

—– Pre-written letter —–

Dear Representative,

On March 11, the House intends to take up S. 22, a massive bill
containing nearly 200 separate pieces of legislation.

This bill will greatly expand land controlled by the Nation Park
Service, thereby expanding the agency’s anti-gun regulations.

There is compromise language being offered to supposedly protect hunting
and sport shooting. That is insufficient, as the Second Amendment is
NOT about hunting and recreational shooting!

And while there may be some parts of this bill that you support for our
state or our district, please do not give such parochial issues priority
over my Second Amendment rights.

I urge you, in the strongest possible terms, to vote against this 1,294
page bill until the leadership allows an amendment that will truly
protect the right to keep and bear arms.

Gun Owners of America will rate a vote for this bill as an anti-gun
vote, and will inform me of your position.

Sincerely,

****************************

Please do not reply directly to this message, as your reply will
bounce back as undeliverable.

To subscribe to free, low-volume GOA alerts, go to
http://www.gunowners.org/ean.htm on the web. Change of e-mail
address may also be made at that location.

Civil Liberties versus Civil Rights

March 10, 2009

Civil Liberties versus Civil Rights. Over the past weekend my mailbox was inundated with questions having to do with the subject. I got tired of responding individually and decided to write a short essay about it. Basically, a comparison contrast piece.

First, some definitions;

Civil Liberties

civil liberties n. rights or freedoms given to the people by the First Amendment to the Constitution, by common law, or legislation, allowing the individual to be free to speak, think, assemble, organize, worship, or petition without government (or even private) interference or restraints. These liberties are protective in nature, while civil rights form a broader concept and include positive elements such as the right to use facilities, the right to an equal education, or the right to participate in government. (See: civil, civil rights)

SOURCE

Civil Rights

Personal liberties that belong to an individual, owing to his or her status as a citizen or resident of a particular country or community.

The most common legal application of the term civil rights involves the rights guaranteed to U.S. citizens and residents by legislation and by the Constitution. Civil rights protected by the Constitution include Freedom of Speech and freedom from certain types of discrimination.

SOURCE

Leave it to Lawyers to muck things up beyond belief! They are nearly as bad as Economist’s when it comes to turning something, anything, from the profoundly simple to that which only confuses.

Both Liberties and Rights have much in common, or at least they appear to. So then, how are they differentiated one from the other? One must step away from politics and enter the metaphysical world of ethics.

In the realm of ethics, as applied in this context, there are the Natural and Unalienable Rights. These are rights that you, as a person are in fact born with, and can never be taken from you.

There are also Inalienable Civil Liberties or Rights. Those are rights that are granted via society or government. Those rights can be surrendered or forfeited based upon behavior. (The link above addresses both.)

The simplified version then, is that a “Natural” right cannot be taken or surrendered. But, again this is very simplified, a Civil Right or Liberty can be taken from you. Most often by surrendering a right for the perceived greater good. A good example would be surrendering your right to self defense via gun control. You will always have a right to self defense, in an ethical context, but you can choose to impose self restrictions upon yourself.

Further, society can in point of fact take your Unalienable Rights from you should it deem it necessary for the good of society. That being execution for true felonies.

Confusing even in a simplified version? Yes, admittedly it can be. A Civil Right is a Natural or God given Right. A Civil Liberty is granted by society or government.

These are the crux of such diverse issues as California’s Proposition Eight, as well as Gun Control, and the list just goes on from there.

Tin foil hat time..?

March 9, 2009

Just about a year ago I was chatting on IM with a friend, and as might be expected we were discussing the election. The Democrat race was anything but sewn up at that point. Both of us being conservatives with a markedly Libertarian bent were anything but happy with the choices available in the race for the Presidency.

How though, could the country be turned on it’s head? He believed that the nation would continue on without much, if any serious change irrespective of who ended up in the oval office. My position was different, as regular readers might expect. I said that our entire way of life could be destroyed. How so? By destroying the economy, or even by making it appear to be the situation. Who would be able to pull that off. The usual suspects of course. George Soros, Chuck Schumer, and so on. My friend suggested that I needed to adjust my tin foil hat for better reception. We both had a good laugh and went on to other things of interest.

Today my RSS feeder lit up with something that caught my attention. Read about it at papundits.

ROCKY MOUNTAIN BIGHORN SHEEP

March 8, 2009

DOW VIDEO: ‘ROCKY MOUNTAIN BIGHORN SHEEP’ THE NEXT BEST THING TO BEING THERE

DENVER, Colo.– Few animals epitomize Colorado’s rugged and unforgiving mountains like the Rocky Mountain bighorn sheep. Yet the vertical terrain that keeps sheep safe from predators also limits opportunities for Coloradans to view and appreciate this majestic animal.

That’s why the Colorado Division of Wildlife dispatched their video production team to scale the steep ledges and rock cliffs along I-70 near Georgetown and capture the drama of bighorn sheep during the “rut” or mating season.  Filmed in high-definition video and recorded in digital audio, “Rocky Mountain Bighorn Sheep” takes viewers on an intimate journey into the world of Colorado’s state mammal. It’s now available online as part of the Division’s “a.m. Colorado” video library.

Bighorn rams are famous for their aggressive mating jousts; violent collisions that reverberate across the mountains and determine dominance within the herd.  Although the head-to-head combat is an annual rite, capturing this spectacle in high-definition format proved to be a challenge for Division of Wildlife videographers.

“We put in some really long hours on this project,” said Dennis McKinney, DOW video producer and videographer.  “Filming was physically more difficult than we had anticipated and it seemed like we were always in the wrong location or our view was impeded.  We spent nearly two months in the field before we were finally able to get the footage we wanted of two rams butting heads.”

“Rocky Mountain Bighorn Sheep” is the latest instalment of the Division’s “a.m. Colorado,” an ongoing series of short, online documentaries that capture the early-morning sights and sounds of some of Colorado’s most unique landscapes and wildlife species.  Filmed in high-definition video and recorded in digital audio, these mini-documentaries provide stunning visuals and sound, and incorporate informative captions that both educate and entertain.  In addition to bighorn sheep, current episodes feature the intricate mating dance of the greater prairie chicken, the spectacular breeding displays of the sage-grouse, the springtime gobble of the Rio Grande turkey and unique underwater footage of spawning whitefish, brown trout and kokanee salmon.

“The project was certainly time- and labor- intensive, but it was definitely worth all the hard work,” said Nick Clement, DOW video editor.  “The bighorn sheep are amazing and a great addition to the ‘a.m. Colorado’ series.  We are really happy with the final result.”

Since debuting last year, the “a.m. Colorado” videos have been viewed nearly 15,000 times, and continue to receive rave reviews.  Denver Westword said, “. . . the videos look fantastic and capture some of this state’s most unique early-morning wildlife displays. . . here’s hoping DOW keeps ’em coming.”

The high-definition videos are linked to the Division’s Web site from an outside provider, resulting in faster loading times and outstanding picture quality. To play the videos, viewers need a high-speed Internet connection and the latest version of Adobe Flash installed on their computer.

“‘a.m. Colorado’ is the next best thing to being there,” said McKinney. “We view the series as the ideal format to showcase Colorado’s amazing wildlife on computer screens around the world.”

In addition to the “a.m. Colorado” series, the Division’s video department produces a wide variety of wildlife educational DVDs and Web-based videos, which are distributed to hunters, anglers and wildlife viewing enthusiasts.  This department is also responsible for producing internal training and public-service content for the Division’s constituents and employees.

The “a.m. Colorado” series and other DOW online videos may be accessed directly by visiting the following link: http://wildlife.state.co.us/NewsMedia/Videos/

For more information about Division of Wildlife go to: http://wildlife.state.co.us.

LAND PROTECTION AGREEMENT OPENS ACCESS IN LAKE COUNTY

March 8, 2009

This is just awesome news! This area has been “out of bounds” for nearly all people for as long as I can remember. It’s diverse attractions for outdoor recreation are hard to list. Or imagine as far as that goes. Great work Division of Wildlife!

LEADVILLE, Colo. – A four-way partnership between the Colorado Division of Wildlife (DOW), Great Outdoors Colorado (GOCO), the Land Trust of the Upper Arkansas, and private landowners has resulted in a perpetual conservation easement on 3,200 acres of important wildlife habitat and scenic open space in Lake County.

Owners of the Moyer Ranch entered the agreement to keep the land as a working ranch and preserve its vital wildlife habitat.  In addition, about a third of the ranch will be open to seasonal access to hunters and anglers.

A conservation easement is a legal property interest that compensates a landowner for relinquishing certain development rights as a way to ensure the long-term protection of the land.  The Moyer family received approximately $4.8 million in return for conceding future development rights on the property.  The Division of Wildlife and GOCO each contributed $2.4 million.  The Moyer family donated additional considerations including previous conservation considerations reached with the Land Trust of the Upper Arkansas in 2007.

“We are very pleased we were able to be a part of the cooperative effort to protect this important wildlife habitat,” said DOW Area Manager Jim Aragon.  “The Moyer family’s desire to protect the land, the wildlife resource, and to continue with their land stewardship and ranching heritage was key to getting this project done.”

“This has been such a great project,” said Bruce Goforth of the Land Trust of the Upper Arkansas.  “It will preserve the agriculture, wildlife habitat and water resources on the last, large, working ranch in Lake County.  And the water preserved will continue to flow down the Arkansas River, ensuring water quantity, quality, and good fish habitat for many miles.”

The Moyer Ranch has diverse wildlife populations including bighorn sheep, deer, elk, mountain lions, black bears, and an abundant variety of birds, small mammals, and other non-game wildlife.  The property also features several pristine feeder streams that connect to the Arkansas River.

According to Tom Martin, the local wildlife officer, the DOW’s conservation easement consists of multiple parcels. Most of the tracts are contiguous but some overlap others, and many are irregular shapes located on the steep hillsides.

Approximately 1,350 acres will be open for hunting and fishing. Hunting access will be limited to rifle season deer, elk, and bear; and limited archery and rifle hunting for bighorn sheep.  Public fishing access will be allowed on portions of Iowa and Empire Gulches.

In addition, the Moyer Family and Land Trust of the Upper Arkansas have agreed to allow fishing access on a stretch of Arkansas River upstream from the Hwy. 24 overpass at Hayden Meadows for nine-tenths of a mile to the Crystal Lake State Trust property.  Access points, parking areas, and signs still need to be posted, but the DOW hopes to have that done in the next few months. The result will be that the public will have fishing access to a contiguous stretch of the Upper Arkansas River that is over seven miles long.

COLORADO’S WILDLIFE HABITAT PROTECTION PROGRAM

Habitat loss is a primary cause for the decline of many wildlife species in Colorado.  As highly desirable lands are altered or converted to other uses, wildlife habitat can become degraded, destroyed, and fragmented. Habitat conversion and loss can also reduce opportunities for hunting, fishing, and wildlife observation.

The primary use of funds from the Colorado Wildlife Habitat Protection Program is to address the loss of critical big game winter range and migration corridors, but also to preserve other wildlife habitat as well.  Wetlands and riparian corridors along with important habitat for threatened and endangered species, and species of special concern are also a priority for acquisition.

By combining funding sources, including Habitat Stamp funds, GOCO funds, Game Cash funds, Wetlands Program funds, Federal funds and others, the DOW is able to bring together an array of species protection and land conservation tools and incentives not otherwise available. The preferred strategy uses perpetual conservation easements that provide incentives to private landowners that protects wildlife habitat and for beneficial wildlife management practices.

Conservation easements are used to guarantee that landscapes remain intact and to provide fundamental wildlife benefits on a long-term basis. All conservation easements must have an accompanying management plan that is approved by the landowner and the DOW.

Since 2006, sales of Habitat Stamps have been instrumental in protecting more than 60,000 acres of wildlife habitat in the state.  The DOW used some funds to purchase land, but most land is preserved through permanent conservation easements held by the DOW and various non-profit partnerships.

The primary focus is protecting important winter range and migration corridors for deer and elk, but acquisitions and easements have also protected critical habitats for sage grouse, opened up fishing access for anglers, and provided hunting access.

A nine-member citizen’s committee appointed by the Governor oversees the habitat stamp program.  The committee has reviewed dozens of proposals to protect critical wildlife habitat.  Proposals are reviewed and ranked according to wildlife benefits, public access, and cost.  Final approval comes from the Colorado Wildlife Commission.

Public access is not required, but projects that provide hunting and fishing access and those with matching funds from partners get additional consideration.

For more information, call (303) 291-7217.  Additional information on the Colorado Wildlife Habitat Stamp Program timeline for the 2009 enrollment period and a copy of the application is available at http://wildlife.state.co.us/LandWater/PrivateLandProgram/WildlifeHabitatProtectionProgram/

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For more information about Division of Wildlife go to: http://wildlife.state.co.us.