April 2004 Update for Montana Governors Conference on Tourism

1
Winter Use Planning in Yellowstone and Grand
Teton National Parks
April 2004 Update for Montana Governors
Conference on Tourism
2
From February 11, 2004,to the end of the winter
season

• Yellowstone National Park operated under a
  Superintendents Order that called for
• 780 snowmobiles per day
• 400 snowmobiles at the West Entrance.
• 220 snowmobiles at the South Entrance
• 100 snowmobiles at the East Entrance
• 60 snowmobiles at the North Entrance
• All commercially guided
• 493 Non-Best Available Technology
• 287 Best Available Technology snowmobiles

3
From December 17, 2003 to February 10, 2004,

• Yellowstone operated under a Court Order that
  required
• 493 snowmobiles per day in Yellowstone
• 278 snowmobiles at the West Entrance.
• 90 snowmobiles at the South Entrance
• 65 snowmobiles at the East Entrance
• 60 snowmobiles at the North Entrance
• All visitors must travel with commercial guides
• No requirements for BAT

4
How Did We Get Here?

• A December 16, 2003 court order required that the
  NPS begin implementing the decision to phase-out
  recreational snowmobiling by the winter of
  2004-2005.
• A February 10, 2004 Court Order temporarily
  restrained the NPS from phasing out snowmobiles
  and directed that a temporary rule be implemented
  for winter use that would be fair and equitable
  to all parties.

5
In the late 1940s First snowplanes came into
the parks
6
In the mid-1950s, the first snowcoaches entered
Yellowstone
7
In 1963, Snowmobiles were first used in the parks
8
History of Winter Use

• 1990 First Winter Use Plan and Environmental
  Assessment completed
• 1993 Winter Visitor Use Management assessment
  process begins (NPS - USFS evaluation of the GYA)
• 1997 The Fund for Animals files lawsuit
• 1999 In January, The Bluewater Network
  petitions the NPS to ban snowmobile use
  nationwide
• 1998-2000 Winter Use Plan and EIS prepared

9
History, Continued

• In November 2000 the National Park Service signed
  a record of decision that eliminated recreational
  use of snowmobiles in Yellowstone and Grand Teton
  as of the Winter 2003-2004.
• On January 22, 2001, the National Park Service
  published final regulations implementing the
  snowmobile ban.

10
History, Continued

• In December 2000, ISMA (and others) filed suit on
  the decision (and amended the suit in February
  2001).
• In June 2001, the ISMA suit was settled and a
  Supplemental EIS was to be prepared. The SEIS was
  to allow for more public opinion and look at new
  snowmobile technology.
• On November 18, 2002, the NPS published a final
  rule delaying implementation of some elements of
  the January 2001 rule.

11
A New Winter Use Decision

• On March 25, 2003, the NPS signed a record of
  decision to allow snowmobiles to be used in
  Yellowstone and Grand Teton national parks under
  strict limitations.

Under that decision, the following elements were
critical for a sustainable winter use
decision 1. Requirements set for Best
Available Technology 2. Daily limit on
snowmobile use 3. Access by guided only 4.
Implement adaptive management program 5. Develop
new snowcoaches 6. Reasonable phase-in 7.
Fiscal resources in place to effectively manage
the winter use program


12
Snowmobile Best Available Technology

• Cleanest quietest commercially available
• At least a 90 reduction in HC, 70 reduction in
  CO (as compared to a 2-stroke)

• 73 dBA or less for sound
• Approved models
• Polaris Frontier 4-strokes for 2002, 2003 and
  2004
• Arctic Cat T660 (4-strokes) for 2002, 2003 and
  2004 (non-turbo)
• Bombardier Ski-Doo Elite and Legend Sport GT
  V1000 with BAT upgrades for 2004

13
Snowcoach BAT

• Required stock pollution control equipment be in
  place and not to have exceeded its useful life.
• Sound requirement is 75 dBA
• Historic Bombardiers initially exempted.
• Note Contracts allow for 72 coaches only 29
  of which are historic Bombardiers.

14
Snowmobile Entry Limits

• Decision 1140 per day maximum
• West - 550
• South - 250
• North - 50
• East - 100
• CDST and Grassy Lake Road - 75 each
• Jackson Lake - 40
• Historic Average 840 per day in Yellowstone and
  Grand Teton
• Historic Average High Day 1650 per day

15
Guided Access Only80 Commercial/20 Self

• Addressed concerns related to wildlife and safety

• Allow private sector to manage reservations and
  guiding services, as well as assist with training
  

16
Adaptive Management Implement - Monitor - Learn
- Adjust

• Allows managers flexibility to try various
  management scenarios
• Ensures specific resource and visitor experience
  goals are met
• Depends on comprehensive monitoring for success

Decisions rest on effective Adaptive Management
Program
17
Implementing Adaptive Management

• The program called for an annual review with
  changes forecasted one to three winters out.
• Most changes to be made at local level by
  Superintendents
• More significant changes (BAT, entry limits,
  guiding) notice would be published in Federal
  Register and use 36 CFR 1.7(a) procedures.

18
New Yellow Bus
19
(No Transcript)
20
Current Lawsuits

• The decision to allow snowmobiles was challenged
  by two different groups.
• One group, the Fund for Animals, et al, believes
  road grooming is adversely impacting bison
  distribution and abundance.
• They called for an end to all road grooming,
  except from the South Entrance to Old Faithful,
  where few bison are located.

21
Current Lawsuits

• The second group, the Greater Yellowstone
  Coalition, et al, believes snowmobiles are
  inconsistent with the NPS Organic Act and other
  laws, regulations, and policies.
• They requested that the decision to allow
  snowmobiling be set aside and NPS return to a ban
  on snowmobiles (while allowing and promoting
  snowcoach access).

22
The Washington, DC, District Courts Ruling

• The March 2003 decision to allow managed
  snowmobile use was arbitrary and capricious
• The SEIS did not fully analyze a no grooming
  alternative and did not adequately explain why
  grooming does or does not affect bison
  populations.
• Vacated the SEIS and ordered the NPS to implement
  the decision to phase-out snowmobiles.

23
Additional Lawsuits

• The State of Wyoming and the International
  Snowmobile Manufacturers Association re-opened
  their lawsuits challenging the decision to
  phase-out snowmobiles.
• Hearings for a temporary restraining order and
  preliminary injunction were held in late-January
  2004 in Cheyenne, Wyoming. The order was issued
  February 10 granting the injunction.

24
Additional Lawsuits

• The Fund for Animals requested a hearing in the
  Washington, D.C. District Court on NPS compliance
  with the December 16 order.
• The hearing was March 9, and Judge Sullivan
  stayed the contempt proceedings, with a status
  briefing scheduled for April 14.

25
Appeals

• The State of Wyoming and ISMA have stated they
  will appeal Judge Sullivans decision to the
  Washington, DC, Circuit Court of Appeals.
• The Department of Justice filed a notice of
  intent to appeal.
• The 10th Circuit Court of Appeals denied Greater
  Yellowstone Coalitions request for a stay of the
  Wyoming District Courts ruling.

26
What is Happening Now?

• We are working closely with officials in the
  National Park Service, the Department of the
  Interior, and the Department of Justice to
  respond to lawsuits and to navigate a course for
  the future of winter use in the three parks.
• However, it would be unfair for everyone involved
  to speculate on what might happen in the future
  regarding current law suits.

27
What Does the Future Hold?

• Yellowstone National Park will be open next
  winter for visitors to enjoy
• Yellowstone will continue working with our
  gateway communities, state tourism offices, and
  other partners to provide accurate information
  about winter activities and opportunities in the
  parks and surrounding areas.
• Website www.nps.gov/yell/

28
(No Transcript)