Fall 2007 Newsletter Cwcs • P.O

Conservationists with Common Sense CWCSPreserving access to and multiple-use of public lands & waters FALL 2007 NEWSLETTER CWCS • P.O. BOx 1046 • ViRGINIA, MN 55792-1046 • www.cwcs.org CWCS mission statement: To educate the public in order to preserve reasonable access to and sensible, multiple-use recreation of public lands and waters (including motorized uses) in Northeastern Minnesota, especially the Boundary Waters Canoe Area Wilderness (BWCAW), with care for the environment. Why CWCS continues to fight: “(We will) embark on a 10 year campaign to get every single motor out of the Boundary Waters” – Brian O’Neill, quoted in May 20, 1998 Minneapolis Star-Tribune Another decision on South Fowl by Rhonda Silence helicopter use near a wilderness in Wyo- Dennis Neitzke said the Forest Service was United States District Judge John R. ming, which resulted in a court decision that exploring options on just how this EIS could Tunheim issued a second opinion on Sep- “abides no diminishment” of opportunities be done. “Obviously we just received the de- tember 28 regarding a proposed 2.2 mile for solitude. However, Judge Tunheim wrote cision,” he said in a phone interview. “So we snowmobile trail intended to connect Mc- that another court decision, in Arkansas haven’t gone too far down the road. We’re Farland and South Fowl lakes in Hovland. states ‘that Congress does not intend that looking at some options, at what has been Judge Tunheim denied and granted claims designation of protective perimeters or done in other areas. The Forest Service did and counter-claims brought by both the buffer zones around each wilderness area.” a sound analysis on the Echo Trail project plaintiffs and defendants and sent the US Tunheim finally stated “the court holds that between Ely and Cook. We’ve contacted Forest Service back for further study of how an agency’s duty to preserve the wilderness some folks at universities to see how it can the sound of snowmobiles on the trail would character under Section 4 of the Wilderness be done.” affect the adjacent Boundary Waters Canoe Act may apply to agency activity that occurs Regardless of how it is done, the judge’s Area Wilderness (BWCAW). outside of the boundaries of the wilderness request delays construction of the trail for at Counts I and II brought forward by area.” least another season. Neitzke said the For- the plaintiffs, the Isaac Walton League of Tunheim went on to explain that in est Service must publish a notice of intent America, Wilderness Watch, Sierra Club his opinion not all agency activity has an to conduct the environmental impact state- Northstar Chapter and Northeastern Minne- impact on a designated area’s ‘wilderness ment in the Federal Register. There will then sotans for Wilderness alleged that the North character.’ He wrote, “Thus, the key ques- be a scoping period in which public input and South Fowl Lakes are wilderness lakes tion in determining whether agency action will be gathered before the environmental and for that reason, snowmobiles and motor violates Section 4(b) is whether the action study is done. After the analysis a draft EIS boats should be banned from use. Tunheim degrades the wilderness character of a des- document will be prepared and public com- reiterated his earlier decision, issued Au- ignated wilderness area. He said to answer ments accepted again. “The Federal Register gust 31, 2007 which upheld the US Forest this question, the court must look at various requirements add six months alone,” said Service’s assertion that the Fowl Lakes are factors, such as the nature of the activity, the Neitzke. not included within the BWCAW boundar- existing character of the wilderness area, and Count IV alleges that the construction ies. Tunheim denied counts I and II. if recreational use is already evident. of the South Fowl trail violates the National Neither the plaintiffs or the defendant, “In other words,” wrote Tunheim, Forest Management Act because it adds 2.2 the US Forest Service, joined by interveners “where the agency activity does not increase miles of new trail and thus harms the Canada Cook County, Conservationists with Com- or exacerbate the existing sound impact on lynx. The lynx has a competitive advantage mon Sense, and Arrowhead Coalition for the wilderness area such activity would over other wildlife in heavy snow-except Multiple Use, received satisfaction on Count not degrade the wilderness character of the when there is an overage of compacted III, which was denied “without prejudice.” area. On the other hand, agency activity that trails. The Judge denied the count because he The plaintiffs argued that the South Fowl results in noise that is louder, more constant, agreed that the Forest Service had conducted Trail will project the sights and sounds of more frequent, or of a different quality, is enough environmental assessment and be- snowmobiles into the BWCAW, a violation more likely to degrade the wilderness char- cause there is “no net gain.” He said with of Section 4 of the Wilderness Act, which acter from its present condition.” the loss of the former 2.2 mile, the amount requires the USFS to preserve the wilderness Tunheim said the court needed more of trail ends up being the same. character of the area. The defendants con- data on this and asked that the Forest Count V introduced three arguments by tend that there is no violation of the Wilder- Service conduct an environmental impact the plaintiffs that the USFS had violated the ness Act because the proposed snowmobile statement assessing the impact of sound on requirement for an Environmental Impact trail is outside of the BWCAW. the wilderness. Tunheim referred to a case regarding US Forest Service Gunflint Ranger (Continued on Page Two) CWCS FALL 2007 NEWSLETTER PAGE TWO South Fowl hearing in District Court (Continued from Page One) study on the impact of noise from the trail duced by interveners, CWCS and ACMU, on the BWCAW. Tunheim ordered the For- to remove the motorboat limitations on the Statement. Judge Tunheim found that the est Service to “promptly prepare an EIS to Fowl Lakes, was denied. CWCS and ACMU USFS had conducted a thorough enough evaluate more thoroughly the sound impact argued that since the Fowl Lakes were out- study on the impact on sensitive species and in the BWCAW, and to suspend further side the BWCA boundaries, Congress did cumulative effects of the trail. However, activity on the South Fowl trail pending not have the authority to enact a motorboat Judge Tunheim agreed with the plaintiffs completion of the study. size restriction. Tunheim disagreed. that the USFS needed to conduct further Finally, the ‘Property Clause’ intro- DNR hires biologist to coordinate state’s wolf management plan The Minnesota Department of gist in Arizona. Prior to that working on wolf recovery projects.” Natural Resources (DNR) has hired he served as a general wolf Stark, a Minnesota native, earned his wild- a veteran wildlife biologist from biologist for the U.S. Fish life management degree from St. Cloud State Arizona to coordinate the state’s and Wildlife Service in New University and is completing his master’s wolf management plan. Mexico. in wildlife conservation management at the Daniel Stark, who worked on the “Dan will bring additional University of Arizona. Mexican gray wolf recovery project depth to our agency as we Minnesota has been prepared to assume in Arizona, will oversee the ongoing implement our state’s wolf wolf management responsibility since 2001, transition of wolf management from management plan,” said Mi- when it completed its wolf recovery plan. The the federal government to the Min- chael DonCarlos, DNR wild- federal government returned wolf manage- nesota DNR. life research manager. “He ment to the state in March. He spent the past five years as a has extensive field, policy and U.S. Fish and Wildlife Service wolf biolo- research experience following seven years of BWCAW permit fees will jump 60 percent Beginning in 2008, permit fees for the This is a change from previous years The Recreation Enhancement Act was Boundary Waters Canoe Area Wilderness when the lottery began in November. signed into law in December, 2005. will see a major increase. The lottery allows people who know The law allows federal agencies to The new rates are listed with the old their desired entry date and location well in charge modest fees at federal campgrounds, rates in parenthesis: advance, to apply for permits. rental cabins and other federal recreation Adult per trip fee: $16 ($10) The national campsite reservation areas (such as the BWCAW). Youth per trip fee: $8 ($5) website (www.reserveamerica.org) will Fees collected are retained at the forest Adult Seasonal Fee Card: $64 ($40) be closed from Sept. 29 until 9 a.m. on and are used help manage the program or Youth Seasonal Fee Card: $32 ($20) Oct.17. facility that generated the funds (in this case, The fee increase was approved by the During this time, the system is being the BWCAW). Regional Forester, acting upon the recom- re-designed and expanded and will be re- The new program replaces the 1996 mendation of the Eastern Region Recreation launched as www.rec.gov Recreation Fee Demonstration Act and Resource Advisory Committee. The BWCAW reservation system will Land and Water Conservation Fund (LWCF) This is the first increase in the BWCAW be incorporated into and accessed through authority. user fees in the 10 years since fees were put this new system which also offers reser- into effect. vations for developed campgrounds on The basis for the increase is an adjust- national forests.

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