Challenging unpaved road closure can pay off

In late November, I received an e-mail from Bill Schnuckel, a Henderson resident since 1981. Schnuckel, like so many Southern Nevadans during the past year or so, had fallen victim to the Bureau of Land Management's off-highway travel closure that surrounds the greater Las Vegas area. He was preparing to make his initial appearance in federal court.

A BLM ranger had cited Schnuckel for violating the travel closure by driving his Suburban on an unpaved road in the desert east of Race Track Road. Despite his pleas of ignorance, the ranger said, "That is why I'm giving you a ticket, to educate the people," according to Schnuckel.

The fine was $125.

Folks at the BLM use dust control as the reason behind the closure. Yet just south of the area where Schnuckel was cited, a new gravel pit is under construction at Railroad Pass. I guess their dust doesn't count.

"I do see their point, but they need to take a different approach. Maybe more like limiting travel to designated routes, post speed limits and stiffer dumping fees," Schnuckel wrote in his e-mail. "I'm really going to court to let them know how this closure is a bad idea."

Most of us could live with stiffer fees and beefed-up enforcement efforts for the crime of desert dumping. That makes more sense than writing tickets to kids for driving four-wheelers or bicycles on existing unpaved roads, something I rather would have kids doing than painting four-letter words on the sides of buildings. But I digress.

Schnuckel asked if I had any information that might help in court. Though I am not an attorney, I saw nothing wrong with telling Schnuckel where he could find information that might help his cause. So I told him where he could pick up a copy of the Las Vegas Resource Management Plan, the document governing the use of BLM lands in Southern Nevada. I also sent Schnuckel a copy of the Federal Register posting that created the unpaved road closure.

Both documents were finalized in 1998. The RMP was completed through a public input process and says off-highway travel is permitted on "existing roads, trails and dry washes" in most of the area now closed and includes a map showing where travel is permitted. The closure, on the other hand, was written in a not-so-public venue and signed by Michael F. Dwyer, then the Las Vegas field office manager.

Armed with that information, Schnuckel made his court appearance. During the proceedings, Schnuckel pointed out the conflict between the RMP and the closure posting. In response, the BLM ranger who attended the proceedings told the court that the RMP was not a valid document because it was outdated. But when Schnuckel explained that he had picked up the RMP from the bureau's office that morning, the argument apparently was over. The judge "agreed that I did have a case and should come back for trial."

The financial cost of returning for trial was too high for Schnuckel, so he told the judge he couldn't miss any more work and wouldn't be back. The judge rewarded his efforts by reducing the fine by more than half. While that is not a complete dismissal, I would call that a moral victory for Schnuckel and others who believe the unpaved road closure is over the top.

• ANGLERS LUCKY TO BE ALIVE -- Two Las Vegas anglers are lucky to be alive today after their boat sank Saturday during severe weather conditions at Lake Mead. Winds were gusting as high as 45 mph, and the air temperature was 36 degrees when the 64-year-old fishermen used a cell phone to call for help.

National Park Service rangers found the men after a four-hour search. Both were suffering from hypothermia, but the result probably would have been worse had they not been wearing life jackets.

It's hard to argue against wearing a life jacket when something like this happens.

Freelance writer Doug Nielsen is a conservation educator for the Nevada Department of Wildlife. His column is not affiliated with or endorsed by the department. Any opinions he states in his column are his own. He can be reached at doug@takinitoutside.com.