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Entries Tagged as 'conservation'

State Court Rules Lows Lake is Wilderness

August 17th, 2011 · No Comments · Adirondack News

ALBANY, NY – A state court ruled this week that the bed and waters of Lows Lake in the heart of the Adirondacks are Wilderness.

Supreme Court Justice Michael C. Lynch of Albany County, in a lawsuit brought by the Adirondack Mountain Club (ADK) and Protect the Adirondacks! (PROTECT), ruled Monday (Aug. 15) that the Adirondack Park Agency (APA) erred when it approved a resolution in November 2009 that left the popular canoe route unclassified. Justice Lynch also noted that Lows Lake was included in a 1987 Wilderness classification of about 9,100 acres, a classification that was signed by then-Gov. Mario Cuomo.


“Justice Lynch not only confirmed that Lows Lake is Wilderness, he confirmed that it has been legally defined as Wilderness for nearly a quarter century,” ADK Executive Director Neil Woodworth said. “He also upheld the principle that the APA has a legal obligation to classify water bodies that are part of the Adirondack Forest Preserve. That part of the decision has important implications for the future management of the waters of the Forest Preserve under the Adirondack Park State Land Master Plan.”

“This decision underscores the fact that the lakes and water bodies of the Adirondacks need protection as much as the land and forests do,” PROTECT Director Dale Jeffers said. “In fact, the need to protect Adirondack waters was one of the driving forces behind the creation of the Forest Preserve in 1885.”

The Adirondack Park State Land Master Plan (pdf), which is part of state Executive Law, requires APA to classify all lands and waters in the Adirondack Forest Preserve according to “their characteristics and ability to withstand use.” In the past, the agency has left some water bodies unclassified. In September 2009, the APA voted 6-4 to classify a portion of Lows Lake as Wilderness and a portion as Primitive. Both classifications prohibit motorized public uses. But then-Gov. David Paterson’s representatives on the APA board changed their position and supported a November 2009 resolution that left the lake unclassified.

Opponents of the Wilderness classification argued that the APA did not have the authority to classify the lake as Wilderness because New York State does not own the entire shoreline of Lows Lake. But Justice Lynch found that “the APA Act and the APSLMP require the APA to classify State owned bodies of water even if the water is contiguous to a private land holding.” The decision affirmed that state-owned lakes and other water bodies in the Adirondack Park are part of the constitutionally protected Forest Preserve and must be managed in accordance with the APSLMP.

Justice Lynch also annulled the November 2009 APA resolution and affirmed the 1987 Wilderness classification. The attorney for ADK and PROTECT, John Caffry of Caffry & Flower in Glens Falls, noted that the court reaffirmed a 1977 court ruling that the APSLMP has the force of law. The court then found that APA’s failure to follow the APSLMP was “arbitrary and capricious.”

Following an earlier lawsuit brought by PROTECT and ADK, the APA approved a resolution in April 2009 banning floatplanes from Lows Lake after the end of 2011. Even with the Lows Lake decision, only about 5 percent of the lake and pond surface area in the 6-million-acre Adirondack Park is classified as Wilderness. Public use of motorized vehicles and vessels is prohibited in Wilderness areas.

Protect the Adirondacks!Protect the Adirondacks! is a nonprofit, grassroots membership organization dedicated to the protection and stewardship of the public and private lands of the Adirondack Park. PROTECT is a consolidation of the Residents’ Committee to Protect the Adirondacks and the Association for the Protection of the Adirondacks.

Adirondack Mountain Club LogoThe Adirondack Mountain Club, founded in 1922, is a nonprofit membership organization dedicated to protecting the New York Forest Preserve and other wild lands and waters through conservation and advocacy, environmental education and responsible recreation.

Read: Justice Lynch’s decision (pdf)

Read: the ADK/PROTECT petition (pdf)

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Land Use and Conservation Law: The Adirondack History

June 3rd, 2011 · No Comments · Miscellania

Man, nature, property, and the social contract.

Follow up with this: Property Rights and Public Lands Management

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DEC Offers Tips to Help Prevent Encounters with Black Bears

May 26th, 2011 · No Comments · Adirondack News

Campers, Hikers, and Homeowners Can All Help Deter Bears

NYSDEC LogoCampers, hikers and homeowners should take precautions against unwanted encounters with black bears while enjoying the outdoors the New York State Department of Environmental Conservation (DEC) reminds the public today.

Black bears will become a nuisance and can cause significant damage if they believe they can obtain an easy meal from bird feeders, garbage cans, dumpsters, barbecue grills, tents, vehicles, out-buildings or houses. When bears learn to obtain food from human sources, their natural foraging habits and behavior are changed. It is illegal to intentionally feed bears and the incidental or indirect feeding of bears is illegal once a written warning has been issued by DEC.

Bear in GrassOnce a bear becomes a problem, DEC is often asked to intervene. However, bear relocations are rarely effective at solving the problem. Relocated bears often return to their original capture site or simply continue their bad habits at a new location. If the circumstances that led to the original problem are not corrected, other bears will quickly be attracted to the site and the problems will persist. Bears that become accustomed to obtaining food from humans will often become bold and assertive in their quest for food, potentially leading to property damage or dangerous situations for humans. Unfortunately, this often results in DEC having to euthanize the bear, echoing the adage, “a fed bear is a dead bear.”

The most effective way to prevent bears from becoming a problem is by not attracting them to your home, camp or campsite.

Prevent Problems with Bears at Home and Camp

  • Never feed bears, it is illegal in New York State to intentionally feed bears.
  • If you believe that bears are being fed, intentionally or unintentionally, immediately report it to DEC.
  • Stop feeding birds as soon as the snow melts. Birds do not need supplemental food in the summer, when natural foods are most abundant. Clean up all seed fragments and shells left over from winter feeding as the smell will attract bears.
  • Dispose of garbage as frequently as possible. Store it in clean, secure containers (top-latched, tied or chained). Sprinkle ammonia inside the garbage bag before closing. Tie off garbage bags before placing them in containers. Keep garbage containers inside buildings whenever possible.
  • If garbage is picked up at the curb, put the garbage out just before the scheduled pickup or place it in a roadside bear-resistant container. Do not put garbage out the night before curbside pick-up. Clean garbage cans frequently with ammonia.
  • Do not add meat scraps, bones or melon rinds to your compost pile.
  • Do not burn garbage, especially meat scraps and grease.
  • Clean barbecue grills before night fall and, after they cool down, store them inside;
  • Feed pets indoors and store pet food indoors. If pets must be fed outdoors, bring uneaten food and dishes before dark.

Prevent Problems with Bears While Hiking and Camping in the Backcountry

  • Store food, toiletries and garbage in bear resistant containers or “food hangs.” If you have no choice but to hang your food, be sure to use a dark colored cord. The cord should be 75 feet long and the bag should be hung 15 feet above the ground and at least 10 feet away from trees.
  • Keep food in hangs or in bear resistant containers at all times, take down only what is needed for cooking. Bear resistant canisters are a highly effective means for preventing bears from getting food, toiletries and garbage from back country campers. More information at: Bear Resistant Canisters.
  • Bear resistant containers are required to be used by all overnight campers within the Eastern High Peaks Wilderness Zone of the Adirondack Forest Preserve.
  • Never leave food unattended unless it is in a bear resistant container or in a food hang.
  • Never cook or eat in your sleeping area.
  • Cook early, no later than 5 p.m. if at all possible.

Prevent Problems with Bears at Campgrounds

  • Do not leave coolers or food out at any time. Store them securely in either the trunk of your car or in the passenger area of your truck. Keep windows shut and food and coolers out of sight.
  • Where food lockers are provided, food and coolers must be stored and locked inside.
  • Clean up immediately after all meals.
  • Clean grills, pots, pans, cooking utensils, and wash basins after each use.
  • Do not wash dishes under the water faucets.
  • Do not put grease, garbage, plastic diapers, cans, bottles or other refuse into the fireplace.
  • Do not keep food or coolers in your tent.
  • Do not wear clothing to bed that was worn while preparing or eating meals.
  • Keep campsites as clean as possible. Bring all garbage and recyclables to the recycling center each day by 8 p.m.

While these rules are required to be followed at DEC campgrounds, campers at other private and public campgrounds are also strongly encouraged to follow these practices to avoid bear encounters.

Approximately 4,000 – 5,000 bears live in and around the Adirondacks. For additional information about bears in New York State and the initiatives DEC is employing to help study and manage the population, visit the DEC Black Bear web page.

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