Wednesday, March 5, 1997 | 11:59 a.m.
FRIDAY IS the last day to mail postmarked comments to the Bureau of Land Management regarding its new law enforcement regulations. The regulations are broad and sweeping and have the potential to impact all who recreate on public lands.
The Federal Land Policy and Management Act provides the BLM with law enforcement authority on public lands. The Act states that any person who knowingly and willfully violates any such regulation shall be fined no more than $1,000 or imprisoned no more than 12 months, or both. The proposed regulations allow the BLM to pursue fines of $100,000 per violation.
In prior regulations, most violations resulted in civil penalties. However, under the proposed rule making, violations can result in criminal penalties.
You should know that BLM law enforcement officers are authorized to make arrests without warrant or process for a misdemeanor he or she sees or has reasonable grounds to believe is being committed; or if he or she has reasonable grounds to believe the person to be arrested has committed or is committing a felony.
Officers also are authorized to search without warrant or process any person, place or vehicle, according to any federal law or rule of law.
A portion of the regulation that could be problematic for hunters and shooters states that on BLM lands, unless BLM has so authorized, one must not cause a public disturbance or create a risk to other persons by engaging in activities which include, but are not limited to, making unreasonable noise or discharging a firearm (or any other implement) capable of taking human life, causing injury or damaging property in or within 150 yards of a residence, building, campsite, recreation site or occupied area; across a publicly maintained highway, road, or trail open for public motor vehicle traffic; or an adjacent body of water.
Additionally, there are regulations against shooting at glass bottles or other materials that may break into hazardous fragments or to use/possess firearms, fireworks or explosives that violate other federal, state or local laws, regulations or ordinances.
Hunters probably can find practical flaws with the regulations listed above. I'm all for keeping the noise down within 150 yards or camp, but what happens if you're in your own primitive camp having lunch when a buck deer walks by 100 yards from your camp. You could be in violation of the regulations, if you shoot.
These regulations are more stringent than state regulations against shooting from or over roads. State law includes federal highways, state highways and main or general county roads. State law does not include trails.
In addition, the new regs state you must not discharge a firearm across or on an adjacent body of water. In some situations, duck hunters will find themselves in very big trouble. Some of the spots they once used as favorite waterfowl hunting areas may now fall under the new regulations.
In Nevada, roads or trails are built adjacent to bodies of water. In many parts of the state under management by the Bureau of Land Management, waters, even if they are nearby roads or trails, are very isolated. I can think of dozens of spots in Nevada where waterfowl hunters (or antelope hunters hunting water holes) would find themselves at odds with the new BLM regs.
The regulations don't seem to be well thought out with regard to the use and discharge of firearms. Perhaps comments from sportsmen and state fish and game agencies will help get troublesome parts of the regulations amended.
To submit a comment, contact the Bureau of Land Management, Administrative Record, Room 401LS, 1849 C Street NW, Washington, D.C. 20240.
Boating along
Clark County is now accepting expenditure proposals from nonprofit organizations and agencies for improving boating facilities and safety in the county.
Each year funds generated from boating fuel taxes are expended on projects improving boating safety and facilities.
Forms for submitting proposals may be obtained by calling Jennifer Smith at 455-3530. The deadline is March 12.
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