Effective Enforcement

Sentencing happened yesterday for a Livingston, MT man who illegally created an off-road vehicle route back in 2006: see Livingston man admits making illegal trail in forest. Francis Leroy McLain ,60, originally was indicted on a felony and faced a maximum one year in prison and $100,000 fine. After the ususal plea-bargaining his sentence was reduced to five months in federal prison, a $2,000 fine and $25,000 in restitution for damage.

See a full article here

The Gallatin National Forest, law enforcement officers and prosecutors of course did the right thing by seeking a felony charge in light of the extensive damage. Ususally, illegal ORV use that carves new routes onto the landscape does not involve a chainsaw, but rather just four wheels and a disregard for the law. So the felony charge is a rare occurance. But the blantant law breaking by ORVers and associated damage certainly warrants more of these felony charges, since misdemeanors seem to provide little deterent. 

For example, just this past summer, the rural-based Montanans for Quiet Recreation found extensive ORV damage on the Beaverhead-Deerlodge NF, see the report here.

Since the Forest Service started to get serious about managing ORV use and protecting special places such as the Badger-Two-Medicine, violations will likely continue to rise. We need better law enforcement, prosecution and tougher penalites to ensure these lands get the full protection of the law. 

In today's paper, the L.A. times asks for opinions on Mr. McLain's sentence, so click on the link and tell them that the felony charge should not have been reduced.