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by Park Service for 2009-10 Season
By Jack Welch
BlueRibbon Coalition
On Thursday, July 23, 2009, Secretary of the Interior Ken Salazar
announced the Park Service would receive further public comment on
winter use in Yellowstone and Grand Teton National Parks. Secretary
Salazar further announced the opening of a formal rule-making process on
a proposed rule. This “new” proposed rule is essentially the same one that
was published in a panic on November 5, 2008, in response to a District
of Columbia federal court ruling that declared illegal the rule that was
intended to be implemented for the 2008-2009 winter season.
Under the proposed rule, daily snowmobile entries would be limited to 318
“best available technology” (BAT) and commercially-guided snowmobiles
and 78 snowcoaches. For whatever reason, the proposed rule indicates it
is designed to authorize these use levels “through the 2010-2011 winter
season.”
This new rule is cause for great concern. There is already a rule
to regulate snowmobile numbers for this winter. That rule was
ordered by the federal court in Wyoming AFTER the hastily-announced
“318” rule. The Wyoming Court ruling allows the Park Service to
continue providing the type and levels of snowmobile access to
Yellowstone for this season that have proven effective for the last four
years. In addition, the Secretary should show greater consideration and
concern for the outfitters, gateway communities, the general public and
the Park Service who were already planning on the current rule being in
effect with up to 720 snowmobiles allowed daily in the Park. The 318
cap that the proposed rule would create, which is more than a 50 percent
decrease, would have a devastating effect on visitation this winter.
Also, the call from Washington D.C. by Secretary Salazar is unfortunate.
This seems a sad return to “top down” management driven through back-
door meetings with special interests rather than careful consultation with
and respect for local agency officials. To be blunt, the Secretary’s media
release effectively blind sided Yellowstone Park staff that had no idea that
this proposal was coming from higher levels in the Department of
Interior.
Congressional Reaction
As a result Park leadership and staff had to scramble to react to inquiries
from interested parties, including the Congressional delegations from the
states which surround Yellowstone Park National Park. Such reaction
was quick and outspoken. Wyoming Senators Enzi and Barrasso, along
with representative Lummis, "blasted" the Washington
D.C. announcement with a joint statement calling the Salazar
announcement "an insult to our state and gateway communities…."
Montana Representative Reberg and Idaho Representative Simpson issued
a joint letter to Secretary Salazar asking him to reconsider the surprise
announcement proposing a 50% cut in snowmobile access. They pointed
out the proposed cut does not factor in current technological advances
and stricter emissions requirements and that the Park Service's own
studies support the current entry level.
I must express the obvious concern that the expressed intent to craft a
rule through the 2010-2011 season implies a need to create a further rule.
History teaches us that numeric limits on recreation only constrict over
time, and rarely, if ever, grow to prior levels. Secretary Salazar’s
announcement could be read to foreshadow awarding the prize that radical
preservationists have long coveted - a complete prohibition on all
snowmobile access to the Parks.
Conference Call
What does this mean for your winter access to Yellowstone National Park
for the 2009-2010 winter season? To answer that I attended a very
spirited conference call hosted by Yellowstone National Park on
Wednesday July 29th. I came away from that call with two points of
reference.
First, over the last several seasons BAT snowmobiles have mitigated the
sound and emissions issues and commercial guiding has addressed any
supposed “wildlife” issues. So why is the Park Service proposing a rule
that cuts snowmobile entries by 50 percent? There is a plain and simple
answer - politics trumps sound science. There are politically-powerful
special interests who desire a National “Preservation” System devoid of
meaningful human recreation.
Second, the Park Service is determined to open for the winter 2009-2010
season on December 15th and that a combination of Park Service rules
and pending court actions will set the number of snowmobile entries
into the Park between 318 and 720 per day.
Finally, please remember that numerous courts still have jurisdiction over
the Parks’ winter use planning. For example, Wyoming has already raised
a jurisdictional challenge to the proposed rule, and the ISMA-ACSA-BRC
Legal Team are supporting that effort. Court rulings could change the
situation dramatically. One would think that by now we have learned that
overly aggressive executive action creates only greater uncertainty and
litigation and disserves the public interest.
Please visit our dedicated website of www.saveyellowstonepark.com for
future updates.
By Jack Welch
BlueRibbon Coalition
On Thursday, July 23, 2009, Secretary of the Interior Ken Salazar
announced the Park Service would receive further public comment on
winter use in Yellowstone and Grand Teton National Parks. Secretary
Salazar further announced the opening of a formal rule-making process on
a proposed rule. This “new” proposed rule is essentially the same one that
was published in a panic on November 5, 2008, in response to a District
of Columbia federal court ruling that declared illegal the rule that was
intended to be implemented for the 2008-2009 winter season.
Under the proposed rule, daily snowmobile entries would be limited to 318
“best available technology” (BAT) and commercially-guided snowmobiles
and 78 snowcoaches. For whatever reason, the proposed rule indicates it
is designed to authorize these use levels “through the 2010-2011 winter
season.”
This new rule is cause for great concern. There is already a rule
to regulate snowmobile numbers for this winter. That rule was
ordered by the federal court in Wyoming AFTER the hastily-announced
“318” rule. The Wyoming Court ruling allows the Park Service to
continue providing the type and levels of snowmobile access to
Yellowstone for this season that have proven effective for the last four
years. In addition, the Secretary should show greater consideration and
concern for the outfitters, gateway communities, the general public and
the Park Service who were already planning on the current rule being in
effect with up to 720 snowmobiles allowed daily in the Park. The 318
cap that the proposed rule would create, which is more than a 50 percent
decrease, would have a devastating effect on visitation this winter.
Also, the call from Washington D.C. by Secretary Salazar is unfortunate.
This seems a sad return to “top down” management driven through back-
door meetings with special interests rather than careful consultation with
and respect for local agency officials. To be blunt, the Secretary’s media
release effectively blind sided Yellowstone Park staff that had no idea that
this proposal was coming from higher levels in the Department of
Interior.
Congressional Reaction
As a result Park leadership and staff had to scramble to react to inquiries
from interested parties, including the Congressional delegations from the
states which surround Yellowstone Park National Park. Such reaction
was quick and outspoken. Wyoming Senators Enzi and Barrasso, along
with representative Lummis, "blasted" the Washington
D.C. announcement with a joint statement calling the Salazar
announcement "an insult to our state and gateway communities…."
Montana Representative Reberg and Idaho Representative Simpson issued
a joint letter to Secretary Salazar asking him to reconsider the surprise
announcement proposing a 50% cut in snowmobile access. They pointed
out the proposed cut does not factor in current technological advances
and stricter emissions requirements and that the Park Service's own
studies support the current entry level.
I must express the obvious concern that the expressed intent to craft a
rule through the 2010-2011 season implies a need to create a further rule.
History teaches us that numeric limits on recreation only constrict over
time, and rarely, if ever, grow to prior levels. Secretary Salazar’s
announcement could be read to foreshadow awarding the prize that radical
preservationists have long coveted - a complete prohibition on all
snowmobile access to the Parks.
Conference Call
What does this mean for your winter access to Yellowstone National Park
for the 2009-2010 winter season? To answer that I attended a very
spirited conference call hosted by Yellowstone National Park on
Wednesday July 29th. I came away from that call with two points of
reference.
First, over the last several seasons BAT snowmobiles have mitigated the
sound and emissions issues and commercial guiding has addressed any
supposed “wildlife” issues. So why is the Park Service proposing a rule
that cuts snowmobile entries by 50 percent? There is a plain and simple
answer - politics trumps sound science. There are politically-powerful
special interests who desire a National “Preservation” System devoid of
meaningful human recreation.
Second, the Park Service is determined to open for the winter 2009-2010
season on December 15th and that a combination of Park Service rules
and pending court actions will set the number of snowmobile entries
into the Park between 318 and 720 per day.
Finally, please remember that numerous courts still have jurisdiction over
the Parks’ winter use planning. For example, Wyoming has already raised
a jurisdictional challenge to the proposed rule, and the ISMA-ACSA-BRC
Legal Team are supporting that effort. Court rulings could change the
situation dramatically. One would think that by now we have learned that
overly aggressive executive action creates only greater uncertainty and
litigation and disserves the public interest.
Please visit our dedicated website of www.saveyellowstonepark.com for
future updates.