The Backcountry News Winter 2013 BCHC
Most of us by now are aware of the issue faced by the commercial packers who operate in the Sequoia Kings Canyon National Parks (SEKI) where the parks basically shut down their operations in the Parks during the handling of the lawsuit brought by High Sierra Hikers. Through the work of many people, the judge in the case did not allow the High Sierra Hikers to obtain the desired end they were hoping for in this case. BCHC had a large hand in the outcome of the case, but it was one unit in BCHC who brought this to the attention of stock users throughout the United States.
This unit, the
High Sierra Unit, home based in Visalia has been working on ensuring the ongoing use of pack and saddle stock in the SEKI for some time. As a result of their dogged work to protect pack and saddle use within the Parks they were able to emphasize to the Parks that horseback riding and pack and saddle stock are authorized within the SEKI.
The High Sierra Unit hired a law firm when the SEKI started working on their Wilderness Stewardship Plan (WSP). The law firm brought to the Parks attention that there was a law that protected horseback riding and pack and saddle stock use in the Parks. This is a portion of the letter that the law firm sent to SEKI addressing the WSP.
Public Law 111-11, 1903(March 30, 2009). With regard to this section of the statute, House Report No. 110-694 (*4) stated:
While horseback riding and pack and saddle stock are authorized uses within the Sequoia and Kings Canyon National Parks, the Secretary has the authority to manage such uses in accordance with laws applicable to the park, and consistent with park planning documents. The use of pack and saddle stock is an appropriate and historically accepted recreational activity, as documented in the 2006 General Management Plan for the parks. The Secretary may authorize horseback riding in, or the entry of recreational or commercial saddle or pack stock into an area designated as wilderness by this Act.
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BCHC Unit Hires a Lawyer The Committee
By Bob Magee intends that any decision made to
authorize these activities shall be consistent with the statutory authority under which Sequoia and Kings Canyon National Parks were created, and the Wilderness Act, including section 4(d)(5) related to commercial services. Any authorization of these activities shall be subject to conditions and restrictions deemed necessary to protect park resources and wilderness values.
By hiring the lawyer to write this letter, the Unit was able to emphasize to the Parks that Congress has made it known that horseback riding and pack and saddle stock have every right to use the Parks for recreation as was originally intended when the Parks were established in the late 1800’s. Also the letter brought to the attention of the Parks that Congress determined as a matter of law that the WSP the Parks was developing cannot consider any ban of stock use in the Parks. The letter also brought to the attention of the Parks the point that should they proceed with an alternative that bans horseback riding and pack and saddle stock in their WSP they might be subject to a lawsuit brought showing they have effectively violated the law.
The law firm has sent two letters to SEKI for the High Sierra Unit supporting horseback riding and pack and saddle stock use. These are excellent letters that can make a difference to how the Parks develop their final WSP.
For those of you who are interested in reading them I have placed them on the BCHC Public Lands Google group web site:
http://groups.google.com/group/bchc-public-lands
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