November 2003
Volume 11

Welcome to the Wilderness Guardian, a monthly online digest dedicated to providing up-to-date news and information concerning Wilderness protection and stewardship nationwide. A service of Wilderness Watch, the Guardian was created to help Wilderness advocates keep abreast of breaking news, as well as providing contact information to facilitate public participation.

Interesting Tidbits & Wilderness Quotes:

Violence & Fee Demo: Early this month a California man was severely beaten by a Bureau of Land Management ranger who believed that the man had failed to purchase a recreational use permit. The man is currently in a wheelchair after suffering bruising to the spinal cord and wrenched vertebrae in his neck and lower back. Though the man did indeed have a permit, the charge would have set him back $30.

Read more at:
http://www.ivpressonline.com/articles/2003/11/10/news/news13.txt

Quote: There are some who can live without wild things and some who cannot. Like winds and sunsets, wild things were taken for granted until progress began to do away with them. Now we face the question of whether a still higher 'standard of living' is worth its cost in things natural, wild and free. -- Aldo Leopold, A Sand County Almanac (1949)

Contents:

Wilderness News Briefs provide short issue summaries and contact information. Action Alerts are full-length, time-sensitive postings.

Wilderness News Briefs:

1. Appeals Court rules Yosemite plan is not protective
2. Court upholds moratorium on new outfitter permits in Fort Niobrara Wilderness, NB
3. Lawsuit forces re-evaluation of Wilderness stream poisoning project
4. Scientists seek to drill in Alpine Lakes Wilderness, WA
5. New study reveals economic benefits of Wild & Scenic Rivers

Action Alert:

1. Stop S. 1462! Tell Your Senator(s) to Keep the Cumberland Island Wilderness Wild!

*Wilderness News Briefs*

1. Appeals Court rules Yosemite plan is not protective

Overview:

The National Park Service’s (NPS) attempt to administratively downgrade protections for the designated Scenic Merced River in Yosemite and expand commercial development in the park has been overturned by the 9th Circuit Court of Appeals. The court ruled that the NPS must address user capacity prior to proceeding with re-construction and development plans along the river corridor. Wilderness Watch was one of 52 groups taking part in the successful Amicus Brief.

From the press release issued by Friends of Yosemite:

"San Francisco: The Ninth Circuit Court of Appeals ruled today in favor of plaintiffs, Friends of Yosemite Valley and MERG (Mariposans for Environmentally Responsible Growth), that the Merced River Management Plan does not protect the River. The opinion by Judge Wardlaw ruled that the National Park Service's (NPS) Plan for the Merced River violates the Wild and Scenic Rivers Act by "insufficiently addressing user capacities and improperly setting river area boundaries within El Portal." The court did not overturn the District Court's decision on two other claims brought by Plaintiffs.

The court affirmed the plaintiffs' claim that the River Plan is not protective. The appeal was argued and submitted March 11, 2003. In its ruling the court stated it expects the NPS to implement measures to avoid environmental degradation. Ron Mackie, former Wilderness Manager for Yosemite National Park and 37 year Park Ranger stated, "This ruling is the greatest thing which ever happened to Yosemite. For years we have been fighting this concept of planning without first determining user capacity to protect the Park's natural environment. It's historic."

To learn more:
Friends of Yosemite: http://www.yosemitevalley.org

2. Court upholds moratorium on new outfitter permits in the Fort Niobrara Wilderness, NB

The following link leads to recent court decision upholding the Fish and Wildlife Service’s decision to put a moratorium on issuing new commercial outfitter permits in the Fort Niobrara Wilderness (NB). A local outfitter had sued the FWS because the agency refused his request for a special use permit even though the number of recreationists and the number of outfitters had declined since the moratorium was put in place. In short, the Court found that it was appropriate to limit use while the agency analyzes the impacts from that use: "Answering the 'how much is too much' question is one of the most basic functions of the Service." The court also found that while the 1997 Refuge Act requires that the Service should facilitate compatible wildlife-dependent recreational use of the refuges, "Congress has given the Service the power to control such compatible uses by 'restrictions and regulations' to the extent 'necessary, reasonable, and appropriate."

Decided: August 19, 2003

Read the decision at:
http://www.nebar.com/legalresources/court/districtcourtopinions/4-03cv3247.pdf

3. Lawsuit Forces Reevaluation of Wilderness Stream Poisoning Project

From the Center for Biological Diversity:
"Alpine County, California -- A controversial Forest Service plan to poison a stream within a National Forest Wilderness Area in conjunction with a native trout restoration project has been withdrawn as a result of a lawsuit filed by conservationists seeking a full public environmental review of the project, including consideration of less harmful means to remove non-native fish, such as mechanical removal. The project is intended to replace non-native trout planted by the California Department of Fish and Game (CDFG) in Silver King Creek within the Carson-Iceberg Wilderness Area with Paiute cutthroat trout (Oncorhynchus clarki seleniris), a native fish listed as threatened under the federal Endangered Species Act."

Read more at: http://www.sw-center.org/swcbd/press/trout10-9-03.html
For more information contact: Jeff Miller (510) 625-0136 ext. 3

4. Scientists seek to drill in Alpine Lakes Wilderness, WA

Cashmere Mountain is top choice for U.S. lab
By Seattle Times staff

LEAVENWORTH, Chelan County -- A group of scientists considering sites for a $300 million underground national science laboratory has picked a mountain in the Alpine Lakes Wilderness west of town as its top choice. Another nearby Cascades peak is No. 2, though further study is needed before a final decision is made.

The group, led by University of Washington physicist Wick Haxton, is looking at 12 sites in the West for the National Underground Science and Engineering Laboratory.The lab would conduct research in physics, astrophysics, earth science and geomicrobiology, studying particles from the sun, the formation of minerals and hydrology in the earth and microbial life deep underground.
Topping the list is Cashmere Mountain nine miles west of Leavenworth, said Kaleen Cottingham, a project consultant and former deputy state lands commissioner. Cannon Mountain, nine miles southwest of town, is the second choice.

Both mountains are on U.S. Forest Service land with their summits in the Alpine Lakes Wilderness, a 390,000-acre area where motorized vehicles, roads and logging are banned.

The group expects to make a recommendation to the National Science Foundation in December or January, Cottingham said.

5. New study reveals economic benefits of Wild & Scenic Rivers

From American Rivers:

(Washington, DC) Boaters and other recreational users of the Wild and Scenic reach of the Chattooga River generated more than $2.6 million in economic activity in 2001 despite a drought that reduced overall visitation, according to a report released today by North Carolina State University. After surveying almost 850 river users, the authors of Use and Economic Importance of the Wild and Scenic Chatooga River also conclude that the vast majority of visitors were aware that this reach was protected as part of the National Wild and Scenic River System and felt that this designation was important.

Read more at: http://www.americanrivers.org/pressrelease/wildandscenic11.14.03.htm

Contacts:
Jack Hannon, American Rivers, (571) 212-6624
Roger Moore, North Carolina State University, (919) 515-3698

*Action Alerts*

1. Stop S. 1462! Tell Your Senator(s) to Keep the Cumberland Island Wilderness Wild!

Georgia Senators Chambliss and Miller have introduced S. 1462, a bill that would seriously degrade the Cumberland Island Wilderness by undesignating the existing Wilderness, then "reestablishing" the Wilderness with corridors for motorized access and with large natural and historical areas open to development. Currently, only a handful of island residents with valid access rights, which phase out over time, are legally allowed to drive the primitive roads through the Wilderness and potential Wilderness, and all development is prohibited. S. 1462 eliminates these protections, and opens the Wilderness, in perpetuity, to government vehicles, commercial tours, and unmitigated development. This bill is unprecedented as it essentially guts an area protected within the National Wilderness Preservation System - a system created to preserve our last wild lands for future generations.

Background:

Cumberland is the largest undeveloped barrier island on the eastern seaboard. It offers tremendous opportunities for a rich natural and historical experience. An unspoiled beach of white sands stretches 17 miles along its eastern shore, giving way to rows of sand dunes, uplands of saw palmetto, forests of yellow pine and live oak, and flats of salt marsh and tidal creeks. The only primary road on the island is a primitive one-lane dirt road called the Main Road, which runs south-to-north with a few primitive spur routes.

In 1972, Congress set aside the island as a national seashore, declaring that it "shall be permanently preserved in its primitive state." In 1982, Congress designated the northern area of the island as Wilderness and potential Wilderness. Congress knowingly included in that designation the northern portion of the Main Road and certain spur roads. The designation required the National Park Service (NPS) to keep the Wilderness and potential Wilderness free of motorized vehicles (excepting valid rights of private access), commercial activities, and development.

Congress designated the Wilderness according to a deliberate design for the seashore. Sam Nunn (D-GA), a sponsor of the 1982 bill, stated that Congress intended to reserve the southern half of the island for those not seeking a Wilderness experience, and to have the island become increasingly wild as one moved to the north. Don Young (R-AK) stated that the goal of the 1982 bill was to reduce human activities in the Wilderness. The NPS found that the island’s "[h]istorical and cultural resources are within walking distance for most visitors," and that as visitors head north, "the island becomes less developed."
Why S. 1462 is Bad for the Cumberland Island Wilderness:

(1) S. 1462 will undesignate hundreds of acres of Wilderness. This bill calls into question the nation’s commitment to the permanency of the National Wilderness Preservation System. In the Wilderness Act, Congress declared a public policy of preserving an "enduring resource of wilderness," a resource that was for "the permanent good of the whole people." Congress should not be in the business of undesignating the nation’s Wilderness. S. 1462 will split the Cumberland Island Wilderness into four pieces, inflicting impacts that will reach far beyond the corridors and areas that the bill seeks to undesignate.

(2) S. 1462 will carve motorized corridors through Wilderness. The Wilderness Act sought to prevent "growing mechanization" from occupying all American lands by banning the use of motorized vehicles in Wilderness. S. 1462 would cut a permanent motorized "loop" through the heart of the Wilderness. These cuts would make it virtually impossible for a visitor to get more than 1 mile from a vehicle route, or to escape the sights, sounds, and fumes of automobiles.

(3) S. 1462 will allow special interests to profit at the public’s expense. The Greyfield Inn, a commercial enterprise on Cumberland Island, takes guests paying $475 per night on motorized van tours through the Wilderness. The NPS has stated that the Inn’s vehicle use, "interferes markedly with the general public’s enjoyment of the island who experience the resources on foot," and that it "has the potential to damage seashore resources." On June 12, 2003, a federal court ordered the NPS to determine what rights, if any, the Inn has to drive in the Wilderness. Weeks later, S. 1462 appeared, removing from the Wilderness the exact routes that the Inn seeks to drive, and opening up the possibility for many other concessionaires. This is not Wilderness preservation for the "whole people." It is special interest legislation at the public’s expense.

(4) S. 1462 will result in the development of the north end. S. 1462 deceptively enlarges a historic district at the north end and then removes the entire area from its current designation as potential Wilderness. This district contains only two primitive roads and a small number of structures, while the rest remains in its natural condition. The preservation of Wilderness and historic sites is not incompatible, as dozens of Wildernesses nationwide contain such sites. Instead, the true intent of this bill is to open the north end to development. Rather than becoming increasingly wild to the north, the island will turn into an area of traffic, docks, and visitor’s centers.

Urge your Senator(s) to oppose S. 1462! The public record is currently open concerning S. 1462. This is your chance to write your Senator(s) requesting that they vote "No" on this harmful legislation. You can visit http://www.senate.gov/general/contact_information/senators_cfm.cfm to find the contact information for your senator(s).

Please be sure to forward additional copies to the two Senators listed below:

Senator Craig Thomas, Chairman
Subcommittee on National Parks
U.S. Senate Dirksen, Room 307
Washington, DC 20510
Fax: (202) 228-0539
Web Form at: http://energy.senate.gov/contact/contact.cfm

Senator Jeff Bingaman
Senate Energy and Natural Resources Committee
U.S. Senate Hart, Room 703
Washington, DC 20510
Fax: (202) 224-4340