The Hells Canyon Preservation Council is taking legal action to block an off-highway-vehicle trail system at Sled Springs in the Wallowa-Whitman National Forest.

The planned project would establish a 144-mile OHV trail system within the U.S. Forest Service’s nearly 40,000-acre Sled Springs Wildlife Management Unit.

In a news release announcing its lawsuit last week, the council identified the area as “crucial wildlife habitat” and “the highest quality elk summer range.” The council pointed to Forest Service reports that found that motorized vehicles were a threat to maintaining productive elk herds and that elk calf births had declined in the Sled Springs area in recent years.

Recent research done by the Forest Service stops short of blaming declining birth rates on motorized traffic alone, citing a six-year study from 1999 through 2006 that showed a pregnancy rate of 92 percent in Sled Springs, though only 18 percent of cows were seen with calves in the spring. It has been suggested that given the ability of cows to conceive, the loss of calves might be due to predators.

HCPC also criticized the proposed trails based on information that they would pass through three known Northern Goshawk nest stands and possible corridors for travel that could be used by wide-ranging gray wolves and wolverine. The Forest Service does not argue these points.

Jennifer Schwartz, HCPC staff attorney, said the ability of Sled Springs to continue functioning as an important wildlife habitat “has already been impaired by past and present commercial logging and livestock grazing – establishing a large OHV play area on top of all that adds insult to injury.”

HCPC argued that OHV systems result in more, not less, off-road trespass in unauthorized areas. “. . . results indicate that OHV users did not confine themselves to designated trails,” Schwartz said. “Take, for instance, the Winom-Frazer OHV Complex Near Ukiah. ODFW found that 27 unauthorized trail segments totaling over 14 miles had originated from just one of the designated trails it surveyed.”

Judy Wing, spokeswoman for the Forest Service, expressed disappointment about the suit, pointing out that HCPC did not participate in an appeal process to try to work toward a compromise.

The Forest Service has been looking for a site for an OHV system since 1997 and working with the environmental groups, governments, other agencies, tribes, ATV groups and the public on the Sled Springs site since 2003.

“This project has been ongoing for a long time,” she said.

The basic problem, she said, is that the Forest Service has the responsibility of balancing multiple uses of forestland, and HCPC and others have a single focus. The result is that the Forest Service ends up making a decision that represents the best balance of key issues brought forward by each group – it looks for a compromise.

“We felt the decision represented a good balance between environmental conditions and resource needs, including public use,” she said.

The man responsible for the compromise decision, Wallowa Valley District Ranger Ken Gebhardt, said the Forest Service pursued the Sled Springs project because it was one of few areas under consideration that had support from at least one of the special interest groups.

“We are disappointed to see the complaint by HCPC,” he said. “During the scoping process we worked through and discussed all of the various issues – everyone was treated the same.”

The Wallowa Valley Trail Riders Association also appealed Gebhardt’s compromise solution on the grounds that the proposed season was too limited, but sat down with Gebhardt in the appeal process.

“We worked with them in the appeal resolution process and HCPC didn’t take part in that process,” Gebhardt said.

Key points from Gebhardt’s proposal:

? Closure of 91 miles of existing roads to all uses.

? Conversion of 54 miles of existing roads to OHV use only.

? Preservation of two popular roads listed as closed but in use for both full-size and off-highway vehicles.

? Agreement to work with Nez Perce Fisheries Tribe and others to limit access within the area to dry-condition seasons.

? Creation and maintenance of four elk security areas.

? A promise of cooperation of the USFS with Wallowa Valley Trail Riders Association and other partners in a restoration of 25 miles of user-created OHV trails.

? A plan for an annual monitoring report addressing various issues including weed treatments, big-game conflicts and range permittee issues.

? Building of three bridges where the trail passes over McAllister and Mud creeks.