More and more, riding access to Baja’s mountain vistas, coastal beaches, hidden canyons and double and single track routes are being closed off to off-road sportsmen and tour groups due to fees and gates. More recently, main off-roads thought as public rights-of-way, are also having locked gates and fee problems.
Recently a coalition of over twenty Ejidos and ranchers have formed under the leadership of Hector Sarabia with the goal of establishing trail and riding safety rules and to establish off-road permits that allow riders use of trails in Baja for a fee. The goal of Hector Sarabia is to control all of Baja much like the Score and Nora races. Presently this effort is causing huge problems due to its lack of planning, leadership, miscommunication, rancher anger, rider behavior, and misunderstanding of the facts. All tour groups and off-road sportsmen who use off-road trails in Baja need to be united and keep informed of what’s happening. This report will be up-dated as needed to do that. Read on!
Baja’s off road legacy started more from families camping in Baja and bringing along a motorcycle or jeep to enjoy its wild roads. These families formed communities and friends that later lead to racing organizations like Nora (1966), and Score (1973), and a strong love and respect for Baja. Later riding legacies like Bill Nicholes, Jimmy Sones, Tim Morton, Chilly White, Baja Larry, and Gene Dempsey cut many of the trails now used today.
In 2009 co-founders of the riding club “Racers and Ranchers”, Rudy Iribe and Lance Kane, began rides and events to give back to Baja and preserve the riding traditions they loved. This group picked-up trash on the trails and did fence and road repair caused by use of the trails. More importantly, the group created strong friendships and respect for the ranchers and members of the Ejidos that allow them to ride through their lands. More recently, other riding groups have done charity rides to give back to Baja, such as the Baja Bash ride in 2019 that collected over $160,000 for an Orphanage in San Vicente.
For 15 trucks, Expedition X Offroad was quoted $3900 for a route through Compadre, through Ojos down to the 1, then on from San Tomas to San Quintin for 1 run. They ended up cutting the northern section from Compadre to the 1 and paid $1400 for the coastal section. In simple terms, they had to cut the route in half. They believe it was a mistake to pay at this stage given what they have learned since.
The rise in popularity of UTVs, government mismanagement of funds, high performance off-road trucks, population, disrespect of property rights, and the growth of the Baja off-road/racing community, is the core of the current problems today. The growing number for both US and Mexican tour groups, and the size and number of club rides in Baja are overwhelming the communities that live near and support the trails.
No longer, like in the past, is there a united and close riding community dedicated to preserving the legacy of Baja trail riding with the commitment of respecting and giving back to this community. In many ways, many of the off-road riders in Baja have become a business, or a wild party with inexperienced riders that think the roads they use are a right with no obligation of respect of property rights, the environment or consideration of safety and privacy to the people that own the property and live near the trails. To the tour groups and sportsmen who do observe the proper respect and safety of the communities they ride in, they too have become alarmed and saddened of those who do not!
Riding behavior, the introduction of the ATVs, and the growth of the number of riders has changed and has become the straw that broke the camel’s back in the eyes of the ranchers and Ejidos. Riding off trail, too fast, under the influence, road destruction, and not taking proper safety procedure around blind curves and in populated areas have cause property owner to create gates and build fences. Riding groups have become enormous! Baja Ride Co., Matlock rides, Dempsey, and Rip to the Tip can have over sixty people in their group, making it hard to impossible to control the riding behavior of all.
Trails that have been used for riding for decades have been closed without warning, causing environmental damage from newly cut trails around gates and fences. In addition, profanity and hateful words between riders and ranchers have been making the problems worse. Reports of fences being torn down and rancher property damage are increasing. Mexican tour groups and Mexican sports riders may even be a larger source of the problem than those who come from the US.
Besides the creation of gates, ranchers and Ejido community members have threatened groups with firearms and legal action with the assistance of local police. (This happened on the Compadre Trail to Expedition X Offroad and they were forced to purchase a permit under Protourmo terms, see below.) In addition, hateful and dangerous action such as forcing riders to ride against race traffic was done near Colonet. There is also a report of a rancher extorting fees from pre-runners on a Score race, on a paid permit, near Catavina. No one knows for sure if they can pass a locked gate, even when a payment is offered. Many are turned back to find another way.
The problem has caused the Ejidos and ranchers to unite with legal help. Web sites of Baja tour groups have been carefully studied. They use web site information to understand tour revenues, and to note travel plans in Mexico so that they can form groups to block tours. (Mostly at the Ojos gate and at the end of the Compadre trail.).This has given this coalition the idea that there is big money to be made! The problem and promise of money to be made has caught the attention of the Ensenada government too.
Resently, Expedition X Offroad was quoted $3900 for 15 trucks, using a route through Compadre, through Ojos down to the 1, then on from San Tomas to San Quintin for 1 run. They ended up cutting the northern section from Compadre to the 1 and paid $1400 for the coastal section. In simple terms, they had to cut the route in half. They believe it was a mistake to pay at this stage given what they have learned since.
Mismanagement of permit and race fees are also a main problem. There is no longer trust in the rancher and Ejido communities that funds collected by the municipality will be used for the benefit of the ranchers and Ejido and for road maintenance. It is common for local government to use these funds for other purposes, thus leaving the roads in grave disrepair for years. The Ejidos feel that their requests for help are ignored and the process for requesting funds for police, road barriers and road repair is inconsistent and difficult.
Amador Sahagun, Director of Proturismo, is looking at the permit process as a way to collect government fees, even at the risk of destroying the off-road tour industry and the millions of dollars it generates in Ensenada and small rural communities and the collection of IVA taxes. He once suggested in using money collected for charities, like orphans, to pay government fees. To his credit, Amador is changing his view, and is dedicated in solving this problem to the benefit of all.
Both the coalition and the government are looking only at the gross revenues and not the true cost of business that includes the many expenses, risk and the investment to run a business. In fact, most tour groups and clubs make little or no money, and do it for the love of Baja. Having said this, all sportsmen and tour groups are willing to contribute some sort of reasonable fee to have reliable access to trails and give back to the communities that live near them.
The answer is, not much. Hector Sarabia has been working on this project for less than two months. He did not start the process. The ranchers and Ejidos came to him because of his 30 years of experience on helping with the Score, Norra and Mexican race routes. Hector has made contact with Cameron Steel, and Expo tours on their latest tours and collected fees. But not much has happened. Amador Sahagun of Proturismo has hosted a few meetings to support the negotiations. I, Rick from Coyote Cals, have attended all of the meetings except for the one for the Rip to the Tip.
As of October 24, both Amador and Hector are busy working on the Baja 1000 details. Planning and negotiations will continue after the race at the end of November. Hector and Amador are currently collecting contact information of tour groups.
In the near future you may be contacted. Currently you are not legally required to comply. I suggest you lesson, give input but no details on your business and tours. Go to my web site www.coyotecals.com for current info and trail advice. You can call me any time at 619-386-7109. Currently Hector does not have a universal plan that is supported and enforced by all. In addition, while you may pay thousands, others are using the trails just as they have in past years.
What is important to remember is that more and more gates will be going up if a deal is not made with the ranchers, and Hector is trying to get a reasonable resolution to this problem. The highest level of safety, respect and co-operation is suggest during this time to help calm down the Ejido and rancher community! It will be better to regulate ourselves than to have the government do it, or have all off-road trails closed.
In the weeks to come, I will make an effort to identify and unite all US and Mexican tour groups along with important businesses owners that support the off-road industry. At first, the purpose of the group will be to give updated information and allow input. I recommend that if any of you are contacted by Hector, ranchers, Ejidos or Amador, that these meetings be communicated to me for future updates. It will also be important to form a united and powerful stand so that an informed and fair resolution to this problem can be found. It is not to anyone’s advantage to negotiate fees with Hector individually! We should do it as a group!
We will need full contact information: Phone, email, website, facebook and a contact. Everyone needs to do this asap. US companies and groups should contact Rick Barnard from Coyote Cal’s. 619-386-7109, oldbaja@coyotecals.com, www.coyotecals.com. Mexican groups should contact Juan Carlos of Baja Voyager, 646-160-2454, jcbajavoyager@gmail.com, www.bajavoyager.com. Some of you will be asked for help, by me, because of special contacts, influence, experience or skills.
In the future it may be necessary to have legal help to protect right-of-way passage to trails the public and off-roaders have used for decades. I plan to work with Attorney Clemente Ranero of TJ. He is a highly experience lawyer in Ejido law. If needed, I plan to raise a war chest to create a retainer for his help. More on that later, but if the time comes, I strongly recommend we all chip in together to help.
The days of free and open access to off-road trails is coming to a close. Rules of conduct, permits, insurance, and some form of fees will be part of the future. In return, there will be more access to trails, and there will be open and safer trails that sportsmen and groups can depend on.
Rules of conduct:
Universal safety rules and respect for private and Ejido land must be agreed to and followed. In the beginning, I believe a simple approach is best. Much like a Score race, basic right-of-way trails should be established. Going off these trails would require advanced permission and most likely extra fees. Safety rules such as speed zones, riding off trail, noise, trash and other common sense rules should apply to all. Following these rules would be a contractual agreement within the off-road permit. If anyone has ideas on what these rules should be. Email Rick with your comments. Now is the time.
Insurance:
Some kind of insurance is going to be required for a permit. It should be basic, inexpensive and open to competition between both Mexican and US companies. It should be the responsibility of each rider to have this coverage. No money is to be collected by Mexican authorities. A basic liability should be all that is required. Individual rider insurance should be accepted, event rider insurance not required. The trail/permit fee should include self insurance for simple and inexpensive property damage like fence repair or the killing of a cow. EXO was quoted by Miguel $6,000 per event for insurance. What are your comments on this?
Taxes:
The collection of all fees should be subject to 16% IVA and a 3% tourist tax. This tax should be included in the pricing suggest in this letter.
Fees:
Hector and Amador want fees to be based on a travel plan that gives how many miles are ridden and what properties are used. This is extremely complicated and does not take into consideration of the uncertainly of a ride. I believe the fees should be based on State use. That is one fee for Baja Norte and one for Baja Sur. If you use pre-authorized roads it does not matter how you get there.
Cost:
Cost should be in categories. There should be a small, reasonable fee for a permit. The permit could be for a day, week or a year. Money goes for government and administration expenses. Cost should be equal to a fishing permit; $20 for a day, $40 for a week, and $60 for a year. It should be per person regardless if they are Mexican, or from the US and if they are sportsmen or from a tour group, (People who live in Ensenada county could have a 25% discount). Mexican riders are not subject to the 3% tourist tax. Mexican nationals that ride alone or with one other, only need a valid Mexican driver’s license. Permit fees should be controlled by the elected off-road use committee.
A dated sticker mounted on the front forks should be displayed to show payment of the permit. Stickers can be mailed or picked-up with a valid on-line permit at border crossings, certified tour companies, or the Proturismo offices. No fees should be paid to a municipal treasury. Permit fees should be paid to and controlled by the elected off-road use committee.
A fixed trip fee:
For groups larger than five riders, there should be a fix trip fee. For group of (6-12:$100); (13-20:$200); (21-40:$300) and (40+:$400). This money goes to road repair, property damage, signage, trash pick-up and fence, education classes, special rancher disputes, and gate construction.
A per rider cost:
Along with the permit and group fix fee there should be a per person trip fee. It does not matter how many days are planned for the trip. There should be no more than two fee areas. The areas should be something like, North Baja and Baja Sur.; The areas would be of equal cost. The cost of a motorcycle: $20, the cost of a UTV $30 and the cost of a large truck $40. This money goes to road repair, property damage, signage, trash pick-up and fence, education classes, special rancher disputes, and gate construction. As allocated by the elected off-road use committee.
Collect on fees:
Collection of fees should be easy and should be done over a web site. Permits issued over this web site should be just like a fishing permit. Authorized tours groups could do this for their clients. Tour groups could be certified by the Dept of Proturismo. Along with the offices of Proturismo, mail and border crossing offices, certified tour groups could issue stickers when presented valid on-line permits. Stickers could be sold in books.
Administration of fees:
3% of the total collect fees should be given to the ProTurismo tourist tax. Nationals are exempt from this fee. Iva and tourist taxes are calculated on total fees collected, the fees are to be paid when deposited to a bank account controlled by the elected off-road use committee. Disbursement of all revenues shall be under the control of the elected off-road use committee.
Elected off-road committee:
All rider fees should be controlled by an elected off-road committee. This committee should include a project administrator and five representatives; one representing Tour Group owners, Ejidos, local business, Proturismo, and ranchers. This committee seat should be voted on each year. The committee decides how the fees are used and distributed based on applications sent by Ejidos, ranchers and local businessmen that are part of the group. The committee also has the power to enter land owners into contracts that support the flow of off-road tourism. Any representative can be removed at any time with a 51% vote of the participating Ejidos and ranchers.
Free access:
It should be possible to have an established free access to basic roads. This will protect the many businesses in the areas that depend on off-road traffic, and local traffic. Trails such as the Compadre trail and the Cross-over route and others, should be without fees. Much like the free road and the toll road from TJ to Ensenada. Federal, State, Local and Agricultural governments should be prepared to persuade Ejidos and ranches to grant right-of-ways for public use. Legal pressure using existing laws, and requiring right-of-way roads in order for the conversion of Ejido property to private property should be considered.
Enforcement:
Violation of the terms and condition of the permit could lead to the cancelation of the permit. Riding without a permit should require the rider to pay the required fees plus $100usd before returning to the US or within 7 days of the ride. Rider information and vin number of the bike should be collected and put into a data base. Non-payment of fees may result in vehicle confiscation until fees are paid, loss of tour certification, or a three year suspension of a permit. Tour groups can go through a certification process and be certified as an authorized Baja tour group. Enforcement can be done with any public official such as police, fire, game wardens, or officers of any Ejido or their designated representative.
Final note:
I know this is a lot to read. Please, I need your input. If you want to add something, disagree with something or have any comment at all. Email me at oldbaja@coyotecals.com. Let’s do this right and together so that we have something everyone can live with for a long time. Keep the tradition alive!
With warm regards,
Rick Barnard
Contact infomtion:
Rick Barnard of Coyote Cal’s Beach Resort
619-386-7109; email: oldbaja@coyotecals.com; website: www.coyotecals.com
Juan Carlos Pancheco Banuelos of Baja Voyager
646-160-2425 or 1-800-278-4165; email: jcbajavoyager@gmail.com; website: www.bajavoyager.com
Amador Arteaga Sahagun Director of Proturismo
646-178-2411; email: arteaga_amador@yahoo.com.mx; facebook: ProturismoEnsenada
Hector Sarabia
646-138-5382; email: sarabia/en@hotmail.com
