August 2004
Volume 8


Interesting Tidbits & Wilderness Quotes:

Quote: "For my own part, I hope the oilmen continue to lose...Wilderness possesses an inherent value that cannot be quantified, and that value increases as our wilderness decreases. [The Arctic Refuge] is among the very last authentically wild regions in North America. To my mind, drilling would take the wild out of it. Putting derricks, pump stations, and pipelines into that natural cathedral would be like installing a gambling casino in St. Peterâs Basilica." — Philip Caputo, from The Old Man and the Mountains in Field & Stream

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 rebukes Forest Service for allowing commercial packstock operations to harm two sierra wildernesses, CA
(2) Court resolves wilderness water rights issue, ID
(3) Animas Creek in Aldo Leopold Wilderness spared from poisoning (CA)
(4) Judge reduces motorboat permits for Boundary Waters Canoe Area Wilderness, MN
(5) Spokane company to seek Cabinet Mountains Wilderness mining permits (MT)

*Wilderness News Briefs*

(1) Appeals court rebukes Forest Service for allowing commercial packstock operations to harm two sierra wildernesses, CA


SAN FRANCISCO – On Wednesday, the U. S. Court of Appeals for the 9th Circuit overturned a district court ruling that would have allowed the US Forest Service to permit commercial packstock operations in two Sierra Nevada Wildernesses at levels that continue to damage the wilderness character of the protected areas. The appeals court upheld the lower court’s determination that the Forest Service needed to reduce the amount of commercial use while it prepares an environmental impact statement that fully analyzes the impacts of the commercial operations.

"It's a win-win for Wilderness and those who love the High Sierra" stated Gary Guenther, Wilderness Watch’s Eastern Sierra Representative and a former wilderness ranger in the John Muir Wilderness. " It sends a clear message to the Forest Service that while commercial packstock operations are appropriate, they must be done in a way that safeguards the Wilderness."…

(2) Court resolves wilderness water rights issue

From The Challis Messenger:


After years of negotiation, the wilderness water rights issue that surfaced in 1999 has been resolved. The State of Idaho and a couple of conservation groups say they’re pleased with the agreement, sometimes for the same reasons.The partial decree issued by the Fifth Judicial District Court specifies a minimum stream flow for rivers and their tributaries running through wilderness areas and the Hells Canyon National Recreation Area. It also stipulates that there will be water for future development in communities upstream of the protected areas.

The decision affects about 444 river miles in central Idaho and 32 tributaries feeding into the Hells Canyon portion of the Snake River…

More Information: http://www.challismessenger.com/newspgs/0826water.html

(3) Animas Creek In Aldo Leopold Wilderness spared from poisoning (CA)
— By Stephen Siegfried

The New Mexico Game Commission moved to disallow the use of fish poisons as a management tool in Department of Game and Fish projects aimed at increasing the distribution of native fish.

After discussion following a presentation by NMG&F Chief of Fisheries Mike Sloane and a public comment period - during which private citizens and representatives from state and federal agencies were heard - commissioners voted 3-2 against deployment of the piscicide Fintrol as an acceptable alternative in stream restoration projects in New Mexico.

As a result of the decision, NMG&F will be unable to deploy Fintrol in 29 miles of the Las Animas Creek drainage. NMG&F had planned to begin poisoning the streams in September to provide habitat for pure-strain Rio Grande cutthroats from a state fish hatchery. Streams slated for treatment were Las Animas Creek, Holden Prong, Sid's Prong and Cave Creek.

The U.S. Forest Service had approved a NMG&F petition to use the fish poison within the Aldo Leopold Wilderness, as well as national forest habitat downstream and on private lands on Ted Turner's Ladder Ranch.

According to the petition, using the fish poison is necessary to remove trout that genetic studies have determined to be less than pure-strain cutthroats.

The department planned to poison the streams as many as three times over a two-year period. The project's purpose is threefold: to establish a sports fishery for Rio Grande cutthroats; to study the adaptability of the species; and to provide a source for future transplants to other streams within the historic range of the native trout.

(4) Judge reduces number of motorboat permits for BWCAW

From the Associated Press:

A federal judge ruled that the U.S. Forest Service must cut motor permits on three chains of lakes bordering the Boundary Waters Canoe Area Wilderness by two-thirds to comply with the 1978 law that set the regulations for the wilderness area.
In a decision filed Thursday, Judge Jack Tunheim in Minneapolis ruled that Congress had not given the Forest Service the authority to recalculate the amount of permits for motor boats, as it had done.

He wrote that the Forest Service's 2002 moved to increase the number of permits it granted on the lakes was an "arbitrary and capricious recalculation" of the cap on permits set by the old law.

The decision, if upheld, will make it more difficult for cabin owners, guides, outfitters and other anglers and boaters to get day-use permits that allow motorboats in the otherwise motorless lakes that border, but are included in, the BWCAW. They include the Moose-Newfound-Sucker, Birch-Farm and Saganaga-Gull Lake-Sea Gull River chains….

More Information:

http://www.twincities.com/mld/twincities/news/9514932.htm

(5) Spokane company to seek Cabinet Mountains Wilderness mining permits (MT)
— By JOHN STROMNES of the Missoulian

LIBBY - The president of Mines Management Inc. said Thursday the firm will seek new state and federal permits for the long-dormant Montanore mining project in the Cabinet Wilderness near Libby.

"The project was fully permitted as recently as two years ago. With the existing environmental impact statement as the basis for re-permitting, we believe the process will be significantly shorter than if we were starting from scratch," said Glenn Dobbs, president and chief executive officer of the Spokane-based company.

It took the original developer of Montanore five years to get permits…
For More Information: http://www.missoulian.com/articles/2004/08/06/news/mtregional/news06.txt

__________________________________________________________________________
Since its founding in 1989, Wilderness Watch has pursued its mission as the citizen voice for Wilderness stewardship, giving a voice to the Wilderness and Wild Rivers of our national preservation systems. We seek to preserve our unique natural heritage - the public will articulated by the Wilderness Act and Wild and Scenic Rivers Act.
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