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MSA News & Snowmobiling Issues
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Issues in the Sport: LD-633 Nets Small Increase; Baldacci:NO to Poker Runs MSA Celebrates, Presents Awards at 40th Anniversary Banquet LURC Drafting New Comprehensive Plan - Comment Deadline June 6, 2008 Issues in the Sport: LD-633 Nets Small Increase; Baldacci:NO to Poker Runs The 123rd Legislature has gone home for now, and the final result was YES to a funding increase, but NO to relaxed poker run regulations. LD-633 - The final amended version of LD-633 was approved by the Legislature on March 31 and signed by Governor Baldacci on April 4. The amendment calls for a $2 increase in resident registrations, with the entire amount going to the Snowmobile Trail Fund. A $20 increase in non-resident season registrations will have the same division of funds in current law, with 75% going to the Trail Fund and the balance going through the General Fund to IF&W. According to the fiscal note attached to the amendment, potentially $460,000 in new money could be available for the Trail Fund, subject to registration numbers. The increase will go into effect on July 1. Poker Runs - The long saga of LD-2236 came to an abrupt end on April 22 when Governor Baldacci announced the bill was one of four bills enacted by the Legislature that he would kill with a "pocket veto." A pocket veto occurs when the Governor refuses to sign an enacted bill within ten days of the adjournment of the legislature. A press release from the Governor's office claimed that LD-2236 and LD-2134, which dealt specifically with cribbage tournaments, represented "unacceptable expansions of gambling." "LD 2236 essentially deregulates gambling events held by nonprofit organizations," Governor Baldacci said. "Under the provisions of this bill, the State would rely solely upon groups to self-report the amount of money they earn from gambling and the number of events they host. While groups would be required to register, this bill would eliminate proper scrutiny of gaming activities." LD-2236 was introduced by Rep. Steve Hanley of Gardiner. The Legislature's Legal and Veterans Affairs Committee split along party lines with Republicans supporting an amendment by Rep. Stacey Fitts of Pittsfield that would require only an inexpensive annual license. Once the annual license was obtained, club would be able to hold poker runs without any restrictions unless the prize for any one event was over $10,000 or $30,000 in the annual aggregate. The amendment mirrored current raffle laws. Committee Democrats, led by House Chairman John Patrick of Rumford, originally voted the bill ought-not-to-pass, and ultimately supported an amendment that would have retained the existing law and add responsibilities for statewide non-profits who have local chapters. After lengthy debate on the floor of the House, the bill was engrossed and sent to the Senate, where it passed under the gavel without debate, but was placed on the Special Appropriations Table due to a fiscal note that suggested that it could represent a loss of General Fund revenue. Rep. Pat Flood of Winthrop amended the bill again in committee, reducing the annual amount to $15,000, producing a positive fiscal note and an 11-2 approval vote from the Committee. The bill was enacted in the House by a vote of 77 to 56 with 18 members absent. In a press release from the MSA responding to the Governor's rejection, Executive Director Bob Meyers said, "It's a sad commentary when the administration believes that the heavy hand of government regulation must reach into every aspect of life in our state including harmless recreational activities. We're committed to bringing this issue back until common sense prevails." In a separate statement, Rep Fitts said, "Despite claims by the governor in his announcement, LD 2236 in no way represents an expansion of gambling in Maine. The bill simply eliminates a significant amount of the regulatory burden imposed on non-profit organizations that choose to conduct casual gaming activities, like cribbage tournaments and poker runs as fund-raisers. The leader of the Democratic Party in Maine has once again shown how out of touch he is with Maine people." Poker run regulation will be on the MSAÕs legislative candidate questionnaire this summer and the Association plans to re-visit the issue with the 124th Legislature. MSA Celebrates, Presents Awards at 40th Anniversary Banquet Members and friends of the MSA gathered in Bangor on April 12 to celebrate the association's fortieth anniversary and recognize some of the best in Maine snowmobiling. Attendees were entertained throughout the evening by a retrospective slide show featuring hundreds of photographs of MSA members and historical images from the past four decades. A number of MSA Past Presidents were in attendance, and joined in a ceremonial cutting of the MSA fortieth anniversary cake. The social hour allowed members to visit with Sen. Susan Collins, Rep. Tom Allen, Rep. Herb Clark, Maine Tourism Association Exec. Director Vaughn Stinson, Acting Chief-Maine Warden Service Gregg Sanborn and Andrea Quaid, aide to Rep. Mike Michaud. During the program, the MSA recognized a number of snowmobile club volunteers and friends for their efforts on behalf of the sport: 40th Anniversary Award: The Maine Warden Service, in gratitude for their dedication to safe riding on Maine's snowmobile trails. For decades the Warden Service has partnered with the association in promoting safe snowmobiling. Trail enforcement efforts, snowmobile details, club speaking engagements and other educational activities, including the Voluntary Trail Safety Check program, have all contributed to a safer riding experience for everyone on the trails. The President's Award: Rep. Herbert Clark of Millinocket. During twenty years in the legislature, Rep. Clark's name has appeared on numerous pieces of legislation in support of Maine snowmobiling, always with a commitment that he will make every effort towards a bill's success. His work on LD-633 will result in additional monies for the snowmobile trail fund for seasons to come. Clark's was a strong voice in opposition to the Katahdin Lake land deal, which he fought to the bitter end. Exec. VP Paul Davis notes "There are a small number of legislators who we know we can always count on to step up for us, and one of these people is Rep. Herb Clark." Club of the Year: Washburn Trailrunners. President: Alan Carter. The Club was recognized by the MSA for their community involvement, well maintained trails, and the gracious hospitality that greets those visiting their clubhouse. Over the last decade the group has more than doubled in membership, renovated a fertilizer shed into a terrific clubhouse, and upgraded to state of the art grooming equipment. The club offers a $500 scholarship each year, and has donated to the Boy Scouts, Girl Scouts, Pine Tree Camp, Red Cross, Project Graduation, Washburn Fire Department Jaws of Life and families in the community that have run into hard times. Says MSA President Harvey Chesley "This club is the whole package, and an inspiration to club members who visit by sled from all over Maine." Snowmobiler of the Year: Kenneth Carey, Solon. Trailmaster of the Solon Snow Hawks Snowmobile Club, Carey is an enthusiastic, committed and upbeat club member who exemplifies the kind of volunteer that makes snowmobile clubs successful. He became involved with the Solon club a few years ago when they were in the midst of some significant trail problems, because, explains MSA President Harvey Chesley, "Ken loves a challenge". Carey jumped right in with both feet, negotiating with landowners, working with local businesses and maintaining trails.The club now has upgraded equipment, well groomed and signed trails, a schedule of club rides and events and a solid membership base. Groomer of the Year: Stephen Bennett, Lovell. Trailmaster of the Kezar Trailbreakers Snowmobile Club, Bennett is highly regarded by snowmobilers, club members and his community as a talented volunteer who gives of his time and skills to benefit winter recreation in the area. He organizes club trail maintenance efforts, bridge construction and repair, donates his time and equipment to install culverts, clear trees and haul fill, and in the winter he not only grooms the snowmobile trails, but also cross country ski and snowshoe trails for the local school and Rec Department. Al St. Germaine, Club Treasurer, says of Bennett "His enthusiasm, dedication and skills make this a better place to live and play." Dealer of the Year: Daigle Sport Center, Madawaska. Owner Glenn Daigle. Daigle's commitment to his customers and his community is his number one priority. At his dealership you can renew your club membership, buy a raffle ticket, pick up a trail map, get trail advice as well as buy a snowmobile! He has gone so far as to loan his personal sled to an out of state customer, allowing him to continue riding while Daigle and his sons fix the sled. Daigle works on the trails, donates equipment, serves as a director of the Madawaska SC, cooks at the annual Landowner Appreciation Supper and was President of the International Snowmobile Festival for two years. Club President Michael Guerrette writes "Glenn is certainly a positive asset to our community." Supporting Business of the Year: Swasey Excavation, Andover. Owner Steve Swasey. For years Swasey has quietly given of his time, money and energy to the Snow Valley Sno-Goers Snowmobile Club of Andover. This season his assistance was offered in the midst of an emergency. A 1970's era snowmobile bridge collapsed and fell into the Ellis River. Thankfully, no one was injured. The club, however, needed to remove the structure from the river asap. The collapse occurred on Saturday, Swasey was told of the situation on Sunday, and the bridge was removed on Monday. Says Club President Mark Thurston "Snowmobiling in Maine would not be what it is today without people like Steve Swasey." LURC Drafting New Comprehensive Plan - Deadline for Comments June 6, 2008 (NOTE: For additional information, the Maine Forest Products Council website has a link to the full CLUP, hearing schedules, background materials and past testimonies, including by the MSA. Visit www.maineforest.org. Written comments can be sent to the Land Use Regulation Commission, 22 State House Station, Augusta, Maine, 04333-0022. Comments may also be submitted via e-mail to LURC@maine.gov. The deadline for comments is Friday, June 6th, 2008.) While most of the attention on LURC has focused on the Plum Creek Plan for the past several months, another ongoing project of theirs has been quietly moving forward. It could potentially have more far-reaching effects on business and recreation activities in the jurisdiction. LURC is the zoning and planning board for all of the unorganized townships, deorganized towns and plantations that have no or limited municipal government - 10.4 million acres - including much of the area we enjoy, from the woods of Western Maine, to the barrens of Washington County to the fields of Aroostook. About every ten years, LURC updates its Comprehensive Land Use Plan (CLUP), the foundation for all its zoning, rules and regulations. LURC's draft plan released in early December is biased in favor of "primitive recreation" in the entire LURC jurisdiction. And, primitive recreation is defined as "those types of activities associated with non-motorized travel." Certainly in over half the state of Maine there is room for multiple uses, both non-motorized and motorized! This draft will be going out to "workshops" in late January of 2008. From what is heard at the workshops, it may be changed and then go to public hearings before being voted on by the LURC Commissioners. The draft, which is a huge document, can be found on LURC's web site at http://www.maine.gov/doc/lurc/reference/cluprev/PublicWorkshops1.html. Start with the Vision (Chapter 1) and Development (Chapter 4) Sections. The law that created LURC has a section called "Purpose and Scope." It talks about principles of sound planning, multiple use, preventing pollution, etc. The law specifically says "To encourage the well planned and well managed multiple use of land and resources and to encourage the appropriate use of these lands by the residents of Maine and visitors, in pursuit of outdoor recreation activities." The law does not say provide "a landscape for primitive recreational activities and diversified, non-intensive use of recreational resources in which a wide range of people can participate generally at a reasonable cost," but this is just what the new draft CLUP says. The draft CLUP goes beyond the "Purpose and Scope" in law, to "vision" and "values" and states "these values can not be compromised." Two of the four principle values are appropriate: "1. Diverse, abundant and unique natural resource values" and "2. Fiber and food production, and the tradition of a working landscape." The other two, however, raise red flags: "3. Diverse and abundant recreational opportunities, particularly for primitive pursuits" and "4. Remoteness and natural character values, including the uniqueness of vast forested landscape that is largely undeveloped and remote from major population centers." This may sound ok on the surface, but "particularly for primitive pursuits" and "remoteness/largely undeveloped" coupled with the absolute "these values can not be compromised" potentially adds up to restricting motorized uses and prohibiting public accommodations within LURC's jurisdiction. The LURC jurisdiction can provide a diverse array of opportunities, but not if the CLUP restricts development to areas "proximate to public infrastructure" with "connectivity by public road to economic centers and well established patterns of settlement" as is proposed. Items in the draft CLUP that cause concern among snowmobilers are: Increased focus on "primitive pursuits" which don't include motorized activities such as snowmobiling. The LURC law doesn't single out a specific category of recreational uses, such as primitive pursuits, but advocates instead for "well planned for multiple uses", the draft CLUP specifically singles out primitive pursuits. More regulatory control over trail development. Trails are quite necessary for many businesses especially snowmobiling. It would be unfortunate to have such trails become difficult to construct. Camp size. The draft is proposing to limit the size of camps consistent with what took place in the distant past. Clients today seem to want more amenities than can be packed into a small rustic cabin . For those of you who own land, there are special issues. Currently a landowner can sell a parcel of land for a camp in specified LURC zones once in five years. The draft proposes that such development would only occur in areas pre-approved by LURC and have to go through the expensive subdivision process. The draft does not indicate where these areas would be so it is unclear which landowners would retain the opportunity to sell a parcel. There is a long tradition of public access and multiple use of the Maine woods. Traditionally, users have been hunters, trappers, fishermen and others who are comfortable in a working forest. They take the sound of harvesting equipment in stride and understand that logging trucks necessarily have the right of way on the private road systems. Private land owners typically do not actively recruit visitors, but they welcome those who choose to come to the woods, and provide maps and other information to help people. Landowners work with snowmobile clubs statewide to provide snowmobile trails. It takes some effort to coordinate - trails have to be altered depending upon harvesting operations - but it is important to them to accommodate local residents as well as the influx of visitors who contribute to rural winter economies. The thing that many users of the woods have in common is an appreciation of each other and the working forest. Harvesting contractors operate machines (skidders and processors and trucks) and harvest trees. Hunters, trappers and fishermen harvest game and fish. Snowmobilers and ATVers run machines. All are consumptive and/or mechanized users, and all pump a good deal of money into the jurisdiction (and the state's) economy. Non-consumptive and or non- mechanized uses "fit" in the working forest as well, but not everywhere. When users are willing to be flexible and work with landowners, opportunities are greater. An excellent example is the Sportsman's/Forest Landowner Alliance. The LURC CLUP should promote such collaborative approaches. The CLUP should not preclude any new ideas or opportunities by focusing so heavily on remoteness, primitive pursuits, non-intensive, undeveloped and other such characteristics. We need to encourage LURC to keep options open to guide land use, not prohibit it. Plan to participate in the public workshops when they are scheduled. Information on the workshops will be sent out via the MSA e-mail alert system. Contributors to this article included Doug Denico of the Allagash Wilderness Waterway Wanderers and Sarah Medina of the Dixmont Gold Crest Riders TOP OF PAGE |