July 2004
Volume 7


Interesting Tidbits & Wilderness Quotes:

Quote: "The more civilized man becomes, the more he needs and craves a great background of forest wildness, to which he may return like a contrite prodigal from the husks of an artificial life." - Ellen Burns Sherman

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Contents:

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

Wilderness News Briefs:

(1) Court rules Park Service violates Wilderness Act - End of Motorized Vehicle Tours in Georgia’s Cumberland Island Wilderness!
(2) Court rejects ownership claims in Colorado Wilderness
(3) Explore the Steens Mountain Wilderness while pulling fence (OR)
(4) Forest Service expands definition of "outfitter" in an effort to curb degradation of Illinois Wilderness
(5) Illegal use of Chainsaws in Kalmiopsis Wilderness, OR

Action Alert:

(1) Comments needed to ensure proper regulation of commercial horse and mule packing businesses in the John Muir and Ansel Adams Wildernesses, CA

*Wilderness News Briefs*


(1) Court rules Park Service violates Wilderness Act - End of Motorized Vehicle Tours in Georgia’s Cumberland Island Wilderness!

The Eleventh Circuit Court of Appeals has slammed the door on the National Park Service's motorized sightseeing tours through the Cumberland Island Wilderness. The three judge panel ruled that the motorized tours violated both the Wilderness Act and the National Environmental Policy Act. The court wrote, "The language of the…Wilderness Act demonstrate[s] that Congress has unambiguously prohibited the Park Service from offering motorized transportation to park visitors through the wilderness area."
"This is one of the most important rulings in the 40-year history of the Wilderness Act," stated George Nickas, Executive Director of Wilderness Watch. "The court has upheld the principle tenet that protecting Cumberland's wilderness character comes first, and that the uses of the area must be managed in a way that doesn't impact its wild character. This decision is a wake-up call for the park service, which has failed to live up to its Wilderness obligations at Cumberland Island for more than two decades."…

(2) Court rejects ownership claims in Colorado Wilderness

This July, a U.S. magistrate judge ruled against individuals asserting ownership rights to four mining claims in the backcountry around Aspen, including an inholding in the Maroon Bells-Snowmass Wilderness. The four claims are representative of approximately 65 other claims to inholdings in the area, including 50 in the Maroon Bells-Snowmass, Collegiate Peaks, and Hunter-Frying Pan Wildernesses. Thanks to the court’s ruling, it is unlikely that any of the parcels will pass into private hands for development.

More Information:
http://www.aspentimes.com/apps/pbcs.dll/article?AID=/20040705/NEWS/107050004&SearchID=73176831864437

(3) Explore the Steens Mountain Wilderness while pulling fence (OR)

ROY GAULT
Statesman Journal


What: A series of working camping trips this summer to remove barbed-wire fence in the Steens Mountain Wilderness
When: Work will run through early September. Each outing will be three days to five days.
Partnership: The Bureau of Land Management, the Oregon Natural Desert Association and Oregon Trout are coordinating this work.
What's provided: The BLM will provide tools. Participants provide their own food and camping gear and are reminded to bring heavy-duty work clothes.

Why: These miles of fences became unnecessary when the BLM acquired thousands of acres of land previously used for ranching. Biologists say the fences pose a threat to wildlife, including pronghorn, deer and bighorn sheep, and that they inhibit hikers, hunters, fishermen and others who use public lands.

Who's needed: Able-bodied volunteers. The BLM will match each volunteer hour with federal funds to pay local contractors to pack out the wire and, when appropriate, the fence posts.

The goal: To ensure that all fence in the wilderness will be removed within three years…

More Information:
http://news.statesmanjournal.com/article.cfm?i=83574

(4) Forest Service expands definition of "outfitter" in an effort to curb degradation of Illinois Wilderness

BY JEFF SMYTH
THE SOUTHERN


SHAWNEE NATIONAL FOREST -- Owners of equestrian campgrounds adjacent to the Shawnee National Forest are circling their wagons in preparation for a showdown with the U.S. Forest Service over a new operating permit policy.

Campground owners are upset at what they say is unwarranted intrusion and discrimination against their businesses. They cite new fees and new regulations that potentially would allow the government to set the fees they charge their customers.

Forest service officials, however, say they are trying to do what's fair.

The forest service last week notified 10 campgrounds near the forest that they have until Aug. 3 to sign up for the permit, which would designated them as "outfitters." But some owners say the new policy is discriminatory, does nothing to protect the forest and could jeopardize their businesses…

For More Information:
http://www.thesouthern.com/rednews/2004/07/20/build/top/TOP001.html

(5) Illegal use of Chainsaws in Kalmiopsis Wilderness, OR
By PAUL FATTIG
Mail Tribune


The U.S. Forest Service has launched an investigation into the illegal use of chainsaws in the Kalmiopsis Wilderness Area during removal of hazardous roadside trees following the Biscuit fire.
Between 10 and 20 trees were cut with chainsaws along Bald Mountain Road where it borders the wilderness in the Siskiyou National Forest, according to Judy McHugh, spokeswoman for the Biscuit Fire Recovery Project.

The problem is that it’s illegal to use motorized equipment in a wilderness area, she said.
"You can cut hazard trees in the wilderness but you can’t use motorized equipment," she said…

For More Information:
http://www.mailtribune.com/archive/2004/0713/local/stories/06local.htm

*Action Alert*

(1) Comments needed to ensure proper regulation of commercial horse and mule packing businesses in the John Muir and Ansel Adams Wildernesses, CA

The U.S. Forest Service (USFS) recently announced the beginning of two new planning processes for the John Muir and Ansel Adams Wildernesses in California. Scoping comments are urgently needed by July 26.

Background: In April 2000, Wilderness Watch, the High Sierra Hikers Association, and Forest Service Employees for Environmental Ethics filed a lawsuit against the Inyo and Sierra national forests for inadequately regulating commercial horse and mule packing businesses that operate in the John Muir and Ansel Adams Wildernesses. These groups (and others) were concerned that the USFS was allowing commercial outfits to continually expand, resulting in degradation of the wilderness character. A federal district court ordered the USFS to conduct a planning process to consider limits on commercial outfits, limits on the number of stock animals they may use, and restrictions on the places they may go.

In response to the court order, the USFS has just released its "Proposed Action," and it is unacceptable in nearly every respect. Comments (written or email) are needed by July 26. The USFS will then begin to analyze the comments received, and proceed to develop two plans: one specific to commercial packstock operations, and one specific to trails management.

WHAT YOU CAN DO:
1. Send a letter or email by July 26, raising the issues below regarding the Pack Stock Use Proposed Action. Send your letter to:
Pack Stock Use Proposed Action
Inyo National Forest
351 Pacu Lane
Bishop, CA 93514
Email: comments-pacificsouthwest-inyo@fs.fed.us (type "Pack Stock Use Proposed Action" in the subject line)

2. Send a second letter (or email) about the Trail Management Plan, using the issues below to inform your comments. Send this letter to:
Trail Management Plan Proposed Action
Inyo National Forest
351 Pacu Lane
Bishop, CA 93514
Email: comments-pacificsouthwest-inyo@fs.fed.us (type"Trail Management Plan Proposed Action" in the subject line)
Some points to consider about the Pack Stock Use Proposed Action:

* The USFS is proposing to eliminate the use of "service days" that cap commercial uses, and instead proposes to allow the outfits to expand over time, with no upper limits on the number of people served. Oppose the elimination of "service day" limits on commercial outfits. Tell USFS that it needs limits on "service days" to prevent increases in the number of commercial visitors over time.

* In an attempt to defend the proposed increases in commercial use, the proposal states that its purpose is to "...balance resource protection in the wilderness, including the protection of the wilderness character, with the economic realities of small, locally based tourist businesses..." Tell the USFS that the Wilderness Act does not allow such "balancing," and that the USFS must first and foremost regulate and limit commercial enterprises to fully preserve the wilderness character. It's simply not proper for the USFS to enter this planning process with the assumption that commercial operations must be allowed to increase.

* The proposed action would allow commercial stock groups to travel off-trail in many areas, despite the knowledge that cross-country travel by stock is highly likely to adversely affect natural resources (e.g., soils, vegetation) and the experience of other visitors. Tell the USFS that commercial stock animals should be required to stay on designated, maintained trails at all times.

* The proposed action would allow commercial packstock outfits to pack firewood into fragile, high-elevation areas that are currently closed to campfires. This ridiculous proposal would establish privileges for commercial outfits that are not available to the non-outfitted public (i.e., inequitable), it would create even more impacts to trails and meadows (from the extra stock needed to haul firewood), and it would invite abuses (i.e., packers will surely burn local wood when their packed-in supplies are depleted. Tell the USFS that its proposal to allow commercial outfits to pack firewood into closed areas is wrong-headed.

Some points to consider about the Trail Management Plan Proposed Action:

* In response to requests from commercial outfits, the proposed action would add numerous new routes to the formal trail system, essentially creating new trails. The proposed action would also increase the trail "maintenance level" designation for many existing trails, which will lead to trail upgrades to facilitate stock access into remote areas not now used by commercial packstock. Tell the USFS that unofficial routes should not be added to the network of "system trails," and that primitive trails should not be upgraded to improve wilderness access.

* The proposal assigns a "Trail Class" to each trail segment. The proposal claims that the new National Trail Management Classes must be used. However, that system has never undergone NEPA review, and it contains many elements that do not conform to the Wilderness Act Tell the USFS that it must develop trail management direction for the John Muir and Ansel Adams Wildernesses that conforms to the Wilderness Act.

* Because the proposed trail plan would allow for significant expansion of the trail network, and substantial upgrade of many trails, tell the USFS that an environmental impact statement (EIS) should be prepared to fully evaluate and disclose the impacts of the proposal on the wilderness character.

For more info, you can view the proposed actions at the USFS website:
http://www.fs.fed.us/r5/inyo/projects/wildplan2004.html
_____________________________________________________________________________
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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