This week the Legislature will vote on a bill HB898 which will allow dogsled trainers to use ATVs to train their teams on select non-ATV trails through out New Hampshire. The House Resources and Recreation Committee discovered in public hearings that both the Trails Bureau and the Mushers Association were with holding information from the committee.
Upon receipt of some of the information the committee amended the bill to create a trial period but the information came in late and not all the potential problems were foreseen.
A letter follows which outlines how this special exception may well allow these currently non-motorized trails to be opened to all ATVs without proper procedure. Most of the legislators will not be made aware of the problems unless they are contacted by their constituents. Time is of the essence.

LETTER TO THE RESOURCES AND RECREATION COMMITTEE

Dear Representative Spang,

Thank you for the efforts your committee made in amending HB898 to bring the proposed legislation into a better balance of the interests of non-motorized users of the trails and this experimental motorized training use by the mushers.

As you are aware this will bring motorized vehicles, specifically ATVs onto non-motorized trails, increasing the number of trails open to theoretically limited ATV use.

However there is a problem that has not been addressed. If the trails are opened to mushers and their ATVs this will involve opening a number of gates along each trail. These gates are not swing type gates and they are not easily opened and closed. The Bureau of Trails will not have enough personnel to close the gates on a regular basis. The mushers, with whole teams of dogs waiting and a reasonable pace of training to consider, will be reluctant to open and close the gates as they pass through. The gates will in practice be left open all through the training season.

Many of these gates are in remote parts of the towns involved and will be very difficult for police to monitor. Fish and Game has far too few officers to patrol these trails. Enforcement will continue to be as it is, spotty at best. Only the closed gates keep ATVs off non-motorized trails.

The result will be that the trails will be open to all ATVs all the time.

The Bureau of Trails seems to say as much in their Memorandum of Agreement with the mushers. I quote: "The Association shall work cooperatively with the STATE to do such things as are reasonably necessary and practicable (including the use of gates and barriers and appropriate official signs) to keep ATV use on the Trail and to restrict access by vehicles other than ATVs."

They do not specify the ATVs used in training but speak only of ATVs versus other vehicles, in which case they expect to allow other ATVs to piggy back on the mushers use of non-motorized trails. This contravenes their authority and will keep non-motorized users off trails currently designated for their use. In the case of equestrian use it may create dangerous situations. The standard is the reasonable use of gates, barriers and signs. The reasonable use of such tools concerning the restriction of ATVs in the winter to conditions of snow cover results in ATVs using any trails they like all winter long.

While I commend the committee for their efforts, because the Bureau of Trails withheld this memorandum until required to provide it in public hearings, the committee was not able to consider this important point. Without taking this into consideration I believe that there will be serious problems with HB898 when it is put into practice.

Sincerely,
Daniel P. Carr