Oregon Breaking News
Madrone Wall: Public Involvement Meeting #3, OR (10/15/2008)
WHERE:
Clackamas County – Sunnybrook Service
Center Auditorium – First Floor
9101 S.E. Sunnybrook Blvd.
Clackamas, Oregon 97015
(Off Exit 14 of I-205 north of Oregon City)
WHEN: Wednesday, October 29; 6:00 to 8:00 p.m.
Clackamas County is working with the community to complete a feasibility study and develop a Concept Parks Master Plan for the Madrone Wall and is soliciting public input. This is the THIRD AND LAST public involvement meeting planned by the County. It is, therefore, YOUR LAST OPPORTUNITY to provide the County with your input, in a public forum, on the future uses of and improvements to this site, including the potential creation of a park. A park concept plan WITHOUT climbing is still on the table. We need your support to see that one of the plans that supports climbing are overwhelmingly supported.
Comments, suggestions, or questions regarding this Park Master Planning process should be sent to Katie Dunham at kdunham@co.clackamas.or.us (503-794-8051), or Chris VanDuzer at chrisv@co.clackamas.or.us (503-353-4663). Submissions will be presented at the Public Meeting.
Please continue to respect Clackamas County’s current “NO TRESSPASSING” posting at the site. This public site remains closed to public access as the County establishes what to do next. The County is working to complete the Concept Parks Master Plan for the site this fall. It is considering what uses may be possible and allowed, how traffic may flow in and out of the site, resource protection, and educational and recreational potential. As part of the budgeting process, the County is also evaluating what capital improvements may be needed (e.g., onsite parking), the cost of capital improvements, and how and when to establish funding, including the possible application for matching grants to fund improvements.
PLEASE ATTEND the last scheduled public parks master plan meeting on October 29 and participate in this future-defining process!
Madrone Wall Update, OR (09/16/2008)
PUBLIC MEETING #2:
WHEN: September 24 (Wednesday); 6:00 to 8:00 p.m.
WHERE: Clackamas County – Sunnybrook Service Center
Auditorium – First Floor
9101 S. E. Sunnybrook Blvd.
Clackamas, Oregon 97015
The County is working with the community to complete a feasibility study and develop a concept Parks Master Plan for the Madrone Wall. THIS IS YOUR OPPORTUNITY to attend and provide input on future uses of and improvements to this site, including the potential creation of a park.
Comments, suggestions, or questions regarding this Park Master Planning process should be sent to Katie Dunham at kdunham@co.clackamas.or.us(503-794-8051) or Chris VanDuzer at chrisv@co.clackamas.or.us (503-353-4663). Submissions will be presented at the public meetings.
MADRONE WALL IVY PULL
Please help restore native plant biodiversity and ecosystem to the Madrone Wall by removing invasive plants (e.g., Himalayan blackberry, English ivy). Join us at our first opportunity to make a difference at this amazing civic treasure since the site was closed 11 years ago! This is a great event if you are looking for an environmental public service project.
WHEN: SEPTEMBER 27 (SATURDAY)
MEET AT: Carver School Parking Lot
(CARPOOL TO SITE FROM SCHOOL, www.carverschool.org/Find_Us)
16077 S.E. Highway 224
Damascus, Oregon 97089
WHAT TO BRING: Appropriate safety equipment (work gloves, work boots, etc.); water, hat, sunscreen; dress for weather (rain or shine!); gardening tools (loppers, pruners, shears, small hand saws, shovels, dandelion pickers, weed wrenches, digging tools, etc.).
RSVP to by 20 September to: kdaellenbach@att.net
Following the work, there will be a BBQ party sponsored by Climb Max Mountaineering and a raffle sponsored by the Access Fund in the Carver School parking lot (free to all Ivy Pull participants).
Madrone Wall Update, OR (08/14/2008)
By Keith Daellenbach
Two events are coming up at the Madrone Wall in Clackamas County, and public involvement is requested.
The FIRST EVENT is Public Involvement Meeting #1 (of three) to be held at Still Meadow Community (16561 S.E. Marna Road, Damascus, OR 97089, 1/2-mile north of Madrone Wall, www.stillmeadowcommunity.com) on Wednesday, August 6 from 6:00 to 8:00 pm.
Clackamas County Parks is now inviting public input for a Parks Master Planning process for Hardscrabble Quarry (a.k.a. Madrone Wall). The County is working with the community to complete a feasibility study and develop a concept Parks Master Plan for the Madrone Wall. THIS IS YOUR OPPORTUNITY to attend and provide input on future uses of and improvements to this site, including the potential creation of a park.
The County's Madrone Wall is a 44-acre site adjacent to Highway 224 between Carver and Barton just south of Damascus. This site was purchased by the County in 1937 and was sporadically quarried from the 1950s through the 1970s. For decades, it was used by outdoor enthusiasts, including hikers, rock climbers, picnickers, and wildflower viewers, before the County closed it to public access in 1997. A County plan to quarry the site was eventually dropped in 2000. In 2006, the Board of County Commissioners unanimously agreed to not sell this public site and to make it a priority for Parks Master Planning. This meeting is the first step to involve the public in the Park's Master Planning process.
Comments, suggestions, or questions regarding this Park Master Planning process should be sent to Katie Dunham at kdunham@co.clackamas.or.us (503/794-8051) or Chris VanDuzer at chrisv@co.clackamas.or.us (503/353-4663). Submissions will be presented at the Public Meetings.
The SECOND EVENT is an Adopt-a-Crag that the Madrone Wall Preservation Committee is coordinating with Clackamas County Parks to help restore native plant biodiversity and ecosystem to the Madrone Wall by removing invasive plants (e.g., Himalayan blackberry and English ivy). Please join us at our very first opportunity to make a difference at this amazing civic treasure since the site was closed 11 years ago! This is a great event if you are looking for an environmental public service project.
The Adopt-a-Crag will be held on Saturday, September 27. Meet at the parking lot of Carver School (just as you enter Carver from the North on Highway 224 at 16077 S.E., Highway 224, Damascus, Oregon 97089, www.carverschool.org/Find_Us) and carpool to/from Madrone Wall site. Bring: appropriate safety equipment (work gloves, work boots, etc.), water, hat, sunscreen, and gardening tools (loppers, pruners, shears, small hand saws, shovels, dandelion pickers, weed wrenches, digging tools, etc.). Please RSVP by 20 September to kdaellenbach@att.net. Please continue to respect the County's "No Tresspassing" wishes.
Madrone Wall Needs Your Advocacy Help, OR (03/13/2008)
By Keith K. Daellenbach, Madrone Wall Preservation Committee
The Madrone Wall, a 44-acre forested area featuring bluffs and wildflowers, in Clackamas County, Oregon has been closed to public access since 1997. The county had planned to use the area as a rock quarry, but outdoor enthusiasts led by the Madrone Wall Preservation Committee protested, and the county determined a quarry was financially unfeasible.
In March 2005, the Clackamas County Board of Commissioners considered reopening the Madrone Wall as a park, and two years later, the county's Parks Advisory Board recommended creating a master plan for the Madrone Wall area.
Now, more than two years later, the County is finally sending out the requests for proposals to start the park’s master planning. Next, according to current County Park plans, the public is expected to wait a minimum of three to four more years while nothing is actually done with the park’s master plan––no funding to create this primitive park, no implementation of a park master plan, no park.
The Madrone Wall Preservation Committee asks you to, once again, make your advocacy known to the county and request necessary capital improvement funding for the 2008-2009 fiscal year so a park can finally be opened in a timely fashion.
Please contact the following County officials. Request they allocate necessary capital improvement funding for the coming fiscal year.
1. Clackamas Board of County Commissioners: 2051 Kaen Road, Oregon City, Oregon 97045, 503/655-8581; email Lynn Peterson, Bill Kennemer,Martha Schrader
2. Dan Zinzer: Director, Department of Business and Community Services (Parks Dept.), Clackamas County, 9101 S.E. Sunnybrook Blvd, Clackamas, OR 97015, 503/353-4661, email Dan Zinzer
3. Rob Smoot: Chair, Clackamas County Parks Advisory Board, c/o Dan Zinzer
Portland Climber Activist Summit a Success, OR (03/13/2008)
By Kellie Rice, Access Fund Regional Coordinator-Oregon
On February 1 and 2, over two dozen climbers and land managers from Oregon and Washington participated at a summit focused on climbing access and conservation issues. The mission of the summit was to create a forum where climbers and land managers could openly discuss the management of recreational climbing on public lands.
Participants included land managers from North Cascades National Park, Mt Rainier National Park, Washington State Parks, and various U.S. Forest Service (USFS) agencies in Oregon. Climbers from both states included members of the Washington Climbers Coalition, the Smith Rock Group, Mazamas, as well as current and past Access Fund Regional Coordinators for both states. AF Policy Director Jason Keith also attended.
There were several presentations during this two day Summit: Bob Sallinger with the Portland Audubon Society, Mike Gauthier with Mt Rainier National Park, Kathleen Walker and Maryellen Fitzgerald with Mt Hood National Forest, Ian Caldwell with the Smith Rock Group, and Keith Daellenbach with the Madrone Wall Preservation Committee. Sarah Madsen, a Regional Biologist with the USFS, and Russell Holmes, a Regional Botanist, helped lead a panel discussion with Bob Sallinger about sensitive plants and threatened and endangered species in the Pacific Northwest.
Climbers and land managers discussed several issues of importance, including climbing fees, route development, management plans, Native lands, and wildlife issues. Land managers cited instances of positive communication with climbers, as well as suggested areas for improvement. One communication issue was the lack of information for climbers about sensitive plants and animals related to closures and restrictions. USFS agreed that such information could be posted on their website for specific regions to educate various recreational user-groups about why some areas need to be protected. Another topic of discussion concerned peregrine falcons at Beacon Rock. The current ranger at Beacon Rock stated that because of climber involvement with monitoring, Beacon Rock has opened early for the last three years instead of the projected July 15 opening date.
Thanks goes out to Nike’s Rock Gym for their support in this event. Attendees felt that the discussions were positive and that similar climbing summits would be beneficial to keeping the lines of communication open in the future.
Smith Rock Detour Event Spans Generations (10/11/2007)
By Tony Holmes; Access Fund Regional Coordinator, Oregon
As the monuments and spires of Smith Rock State Park sit sun-bleached and glowing in the September sun, the silhouette of portable rock walls set contrast to the cobalt blue sky. In a field, just yards away from this natural climbing wonder-land the Smith Rock Detour event is going off!
Climb Max Mountaineering, a local shop with a heart of gold brings to this event the unique chemistry of one-half kid’s climbing competition and one-half Reel Rock Film Fest, the Detour draws crowds of climbers and gawkers alike from every generation.
This two-day outdoor event started four years ago with a small collection of industry reps and climbing enthusiasts. Today it is an annual event that brings young plastic pullers face to face with some of the sport’s top athletes and pioneers.
On September 22nd and 23rd, kids from all over the Northwest threw themselves at the walls of plexy and steel, the sounds of encouragement and achievement echoed through the desert air. Clinics where offered for all ages including Cicada Jenerick, the teen-age phenom, teaching those three-times her senior how to break the 5.12 barrier, Arno Illgner presented concepts from his “Rock Warrior’s Way” and some where treated to a priceless workshop on how to build bomber anchors.
As the sun set on the burning walls of orange and red, the grounds filled with locals and those that had spent the day in the park. They came for The Reel Rock Film Fest which found a home under a sea of stars as the premier showing of Josh Lowell and Peter Mortimer’s ‘King Lines’ wowed audiences snug in their poly-pro and down.
On Sunday, as the semi’s raged into the finals, Access Fund Regional Coordinator Kellie Rice hosted a service project in the park and in addition to setting routes and coaching I had the opportunity to run a workshop from the Access Funds ‘Boulder Project’ initiative, Together we were able to insure that the leaders of tomorrow preserve and protect the climbing environment.
Now the air is crisp and the friction…perfect. As I head into the park to work my latest project I think back on the friends that were made and the routes that were set, climbed and stripped and I know I will be back next year. I hope you can make it too.
Oregon Bill Requiring Emergency Locator Beacons on Mt. Hood May Not Become Law (05/15/2007)
An Oregon bill that would require Mt. Hood climbers to carry emergency locator beacons recently stalled in the Oregon Senate leading some to believe that the measure will fail this legislative session.
Earlier this year the Access Fund joined the Mountain Rescue Association and Portland Mountain Rescue in opposing a mandatory use of these simple one way devices. See the Access Fund testimony on the bill www.accessfund.org/pdf/HR_2509_Testimony.pdf. Find more background at www.accessfund.org/pubs/en/e-news77.htm#_Oregon_Beacon_Bill.
Steve Rollins, who conducts SAR activities on Mt. Hood, says the legislature can't mandate good judgment. “I'm a strong believer that the laws of nature are going to be far more powerful than any law our legislators come up with. And if we can educate people to respect the laws of nature more, that will go a lot further than any law that we come up with.”
The bill, while a well-intentioned attempt at addressing recent high profile rescue and recovery efforts on Oregon’s Mt. Hood, is a knee-jerk reaction and will not prevent climbers from being injured or killed in climbing related accidents. The bill simply adds a layer of red-tape to climbing a mountain and at worst could actually give less experienced climbers a sense of false security when presented with conditions out of their control.
Despite climbing groups and professional rescuers coming out against the bill, in late March the Oregon House of Representatives voted 33-22 to require the locator devices for all Mt. Hood climbers traveling above 10,000 feet. However, the bill was referred to the Senate General Government Committee where it is expected to not emerge with a vote in part because the legislation had no existing enforcement capability and no money to fund its regulation. Critics of the bill also note that the measure is “reactive, not proactive.” The Hood River News reports that virtually every mountaineering organization in Oregon opposed SB 2509 and pointed out that state statistics showed only 3.4 percent of rescues statewide involved climbers. Many in the Oregon legislature are now focused on efforts to fund search and rescue efforts conducted by county sheriff departments. For more information contact jason@accessfund.org
Update-Madrone Wall, OR (05/15/2007)
By Keith K. Daellenbach, www.savemadrone.org
For the past several months, Access Fund Regional Coordinator Kellie Rice has actively participated in monthly Clackamas County Parks Advisory Board meetings advocating immediate funding for the park’s master planning followed by funding for capital improvements (e.g., on-site parking) in subsequent years. While provisional funding allocations for capital improvements are not allocated until 2009, there is reason to be optimistic.
On 22 April, the Madrone Wall Preservation Committee conducted a well attended (36 people) tour of the Madrone Wall site in Clackamas County. Most of those attending had not been to the site which has been posted "No Trespassing" for nearly ten years. One of the participants was new County Commissioner Lynn Peterson who provided encouragement that the park creation process is moving forward. County financial planning has apparently allocated funding to the park’s master planning process in the county's next fiscal year to commence 1 July. Beyond that, more planning will be required to, for example, prepare for capital expenditures in the coming years. One of the largest capital expenditures will be to establish on-site parking. The Madrone Wall Preservation Committee continues to work with government and private philanthropic organizations to raise funding to offset county expenses.
Oregon Bill to Require Emergency Locator Beacons on Mt. Hood, OR (04/19/2007)
An Oregon bill that proposes mandating climbers on Mt. Hood to carry emergency locator beacons is poised to pass that state’s legislature.
We told you in our last E-News that the Access Fund opposes the mandatory use of these simple one way devices despite uninformed media pundits calling this position irresponsible. See the Access Fund testimony on the bill www.accessfund.org/pdf/HR_2509_Testimony.pdf. Find more background at www.accessfund.org/pubs/en/e-news77.htm - _Oregon_Beacon_Bill . Every mountain rescue unit in the state of Oregon opposes House Bill 2509 and the Mountain Rescue Association, which represents over 90 mountain rescue teams throughout North America, also opposes the bill. Steve Rollins with Portland Mountain Rescue, who has performed the rescues on Mt. Hood these last few months, also agrees with the Access Fund stance. Rollins says the legislature can't mandate good judgment. “In an urban environment, we do everything we can do to make the world safe around us. And that is one of the beauties of the backcountry that it is untouched and it really is you and nature. I'm a strong believer that the laws of nature are going to be far more powerful than any law our legislators come up with. And if we can educate people to respect the laws of nature more, that will go a lot further than any law that we come up with.”
The bill, while laudable in light of recent high profile rescue and recovery efforts that were featured in mainstream media of climbers on Oregon’s Mt. Hood, is a knee-jerk reaction and will not prevent climbers from being injured or killed in climbing related accidents. The bill simply adds a layer of red-tape to climbing a mountain and at worst could actually give less experienced climbers a sense of false security when presented with conditions out of their control (such as the fast-moving weather systems of the Pacific Northwest).
Despite climbing groups and professional rescuers coming out against the bill, in late March the Oregon House of Representatives voted 33-22 to require the locator devices for all Mt. Hood climbers traveling above 10,000 feet. The next step is for the bill to be assigned to a state Senate committee and then brought to that chamber for a vote. Oregon would become the first state to require such equipment if the bill is approved by the Senate and signed by the governor. It would go into effect as early as Jan. 1 2008.
Oregon Beacon Bill, OR (03/12/2007)
The Oregon bill that proposes mandating climbers on Mt Hood to carry emergency locator beacons has been all over the national media for the past few weeks.
The Access Fund’s stance opposes the mandatory use of these simple one way devices and interestingly enough this has become major fodder for everything from print media to radio talk shows to major TV network shows.
“Climbers are a close-knit community and we never want to see one of our own in a rescue or recovery situation but this bill won’t necessarily make the mountain safer. Even if the beacons make it easier to locate parties, what if there’s a three-day storm? Climbing is always about calculated risk and nothing can replace experience.” Says Access Fund Executive Director, Steve Matous.
Steve Rollins with Portland Mountain Rescue who has performed the rescues on Mt. Hood these last few months agrees with the Access Fund stance. Rollins says the legislature can't mandate good judgment. "In an urban environment, we do everything we can do to make the world safe around us. And that is one of the beauties of the backcountry, that it is untouched and it really is you and nature. I'm a strong believer that the laws of nature are going to be far more powerful than any law our legislators come up with. And if we can educate people to respect the laws of nature more, that will go a lot further than any law that we come up with."
The bill, while laudable in light of recent high profile rescue and recovery efforts that were featured in mainstream media of climbers on Oregon’s Mt. Hood, is a knee-jerk reaction and will not prevent climbers from being injured or killed in climbing related accidents. The bill simply adds a layer of red-tape to climbing a mountain and at worst could actually give less experienced climbers a sense of false security when presented with conditions out of their control (such as the fast-moving weather systems of the Pacific Northwest). See the Access Fund testimony on the bill www.accessfund.org/pdf/HR_2509_Testimony.pdf
For more of the national media attention, visit these links: www.npr.org/templates/story/story.php?storyId=7770277&sc=ema
http://thenewshole.msnbc.msn.com/articles/64101.aspx (by all accounts a curious honor for the Access Fund)
Legislators Propose Electronic Signaling Devices for Mountaineers, OR (02/14/2007)
Following hi-drama rescue efforts this winter on Oregon’s Mt. Hood, electronic signaling devices (ESDs) have been touted by the media as key to saving lives.
Responding to these recent events, the Oregon governor recently issued an executive order (www.governor.oregon.gov/Gov/docs/executive_orders/eo0701.pdf) establishing a Search and Rescue Task Force to review Oregon laws, rules and policies pertaining to search and rescue operations and to recommend contemporary best practices for search and rescue operations. Now, a new bill in the Oregon state legislature (HB 2509) would require the use of ESDs by any individual or group engaging in mountain climbing above timberline during a five-month period in the winter. The proposed law would also require commercial guides, under certain conditions, to carry an altimeter, contour map and a compass. For more details see www.leg.state.or.us/07reg/measures/hb2500.dir/hb2509.intro.html.
Public criticism of HB 2509 was swift. Many point out that most ESDs will not serve as effective rescue tools and could cause the inexperienced to rely on them inappropriately (for example, use these one-way devices as avalanche beacons). Moreover, people carrying cell phones and ESDs may take more risk than normal, thinking that they can easily summon help. Alternatively, mountaineers who do not carry an ESD, yet know of the new legal requirement, may hesitate to ask for help for fear of penalty, thus further endangering themselves and rescuers. In short, the unintended but very real consequence of this proposed law will be more risks by mountaineers and lost time by rescuers.
Opponents of this bill also complain that the requirements to carry additional equipment are applied in a discriminatory fashion to mountaineers only (it doesn’t apply to hikers, skiers, or, snowmobilers) despite surveys of rescue efforts that show that these other recreational user groups generate more search and rescue hours. Moreover, it is generally easier to locate people above tree line and much more difficult to locate people in the forest where ESDs devices would not be required under the proposed law.
The Access Fund believes that outdoor enthusiasts should take responsibility for their own safety and responsibly use appropriate rescue equipment. However, the state should not require the use of ESDs as these devices can create a false sense of security that rescue is available. Also, penalties for failing to carry an ESD may create a disincentive to contacting rescuers, thus further endangering everyone involved. To comment on HB 2509 (whether you live in Oregon or not) email the Oregon legislature at: www.leg.state.or.us. For more information contact Access Fund Policy Director Jason Keith at jason@accessfund.org.
Madrone Wall Update, OR (02/14/2007)
By Keith K. Daellenbach, Madrone Wall Preservation Committee
The Parks Advisory Board (PAB) reviewed Clackamas County Parks Department staff recommendations for the next five years park’s budget on 23 January. Thirty-five projects were recommended by County Parks staff for funding from an overall budget of $6.437 million. Included in the staff recommendation were two Madrone Wall allocations.
A $40K “Hardscrabble Master Plan” allocation was recommended for FY2007-2008. The master plan would plan for park activities and uses, capital expenses, traffic studies, on-site parking needs/design, and state highway approach. The master plan should be completed in nine to twelve months after the fiscal year starts on July 1, 2007.
A second recommended allocation by County Parks was for “Madrone Park Improvements” to occur four years later in FY2011-2012 (“Year 5”) for $300K. Creating required on-site parking is identified as the single largest capital expense; other capital expenditures include a porta-potty, signage, and trail materials. Three separate estimates acquired by the MWPC last fall show the cost to grade and finish a parking lot for 50 cars will cost a maximum of $40K for gravel and $70K for asphalt. While these estimates do not include surveying, permitting, or site preparation, they do indicate that park improvements may be significantly less than what this $300K capital allocation allows for.
The MWPC has lined-up several professionals, including cartographers and traffic engineers, willing to donate pro bono time to assist the planning process further reducing County costs. It is critical that the County follow through with their goal to make this a priority by establishing funding for capital improvements in years immediately following the FY2007-2008 park master planning process. This logic is applied to other County projects and the Madrone Wall should not be an exception. The master plan should not languish four years before something concrete is accomplished.
The next PAB meeting on February 20th at 7:00 p.m. will be critical. This meeting will further refine the Park’s budget and finalize recommendations for consideration by the Commissioners. Reallocation decisions at the January PAB meeting will provide the opportunity to move up Year 5 Madrone Wall capital funding to FY 2008-2009 which is warranted.
While it is up to the PAB Chair to take comments from visitors, if you would like to provide input, we encourage you to attend this critical planning meeting. It will be held on Tuesday the 20th in Room 436 of the County’s Sunnybrook Service Center (9101 S.E. Sunnybrook Blvd., Clackamas). We also encourage you to contact the Commissioners directly (www.co.clackamas.or.us/bcc/) and register your support for the timely creation of a County park in a park-barren area with massive anticipated population growth in Damascus. The Board of County Commissioners review of PAB budget recommendations and setting FY2007-2008 budget.
Your Voice Needed To Keep Madrone Wall Project Moving Forward, OR (01/11/2007)
By Keith K. Daellenbach, Madrone Wall Preservation Committee
In January, 2006 the Board of County Commissioners unanimously accepted the Clackamas County Parks Advisory Board (PAB) recommendations that the Hardscrabble property (a.k.a. Madrone Wall) become part of the Clackamas River Watershed Protection and not be sold to a private interest or mined. At December’s PAB meeting, a list of park planning items was distributed and this will be evaluated and re-prioritized at the January and February PAB meetings. On this list under “General Parks - Miscellaneous” was an itemization of $40,000 for parks master planning at Hardscrabble.
At the 16 January and 20 February 2007 PAB meetings, park planning items in the five year parks plan will be re-evaluated and re-prioritized. Please take this opportunity to register your support for this park creation project by contacting the Board of County Commissioners bcc@co.clackamas.or.us and urge them to take the next step–parks master planning for the Hardscrabble/Madrone Wall site located 2.2 miles east of Carver along County Scenic Highway 224. Please continue to respect Clackamas County’s “No Trespassing” posting at the Madrone Wall.
Updates are regularly posted on our www.savemadrone.org website.
U.S. Forest Service in Oregon Attempts to Criminalize Fixed Anchors (08/17/2006)
BREAKING NEWS: Illegal Bolting Charge Dropped
(08/17/06)
The Access Fund received news from Medford, OR that the US Attorneys Office contacted a local defense attorney indicating that a citation will be dismissed that charged a climber with illegal bolting (see story below).
This particular citation was dismissed because there “appears to be no legal restrictions on the using anchor bolts on the Winema Forest.” For the last several weeks the Access Fund and local Oregon climbing community had rallied behind this issue, urging both national and local USFS officials to drop this charge and follow management policies more consistent with national guidelines that allow the use and placement of fixed anchors on National Forest System land.
(08/16/2006)
Law enforcement officers with the Fremont-Winema National Forest in southeast Oregon have made new and unique interpretations of US Forest Service (USFS) policy and regulations in an effort to criminalize the use and placement of fixed anchors. Citations have been issued to climbers who put up routes with fixed anchors on National Forest land with no special management designation such as wilderness.
This is an ominous development for climbers and if not stopped, could lead to severe restrictions on developing new routes and new areas on federally-managed land elsewhere.
In the first case, climbers were charged under 16 USC 551 for “failure to remove personal property to wit: rock climbing gear” at the Sprague River Picnic Area near Bly, Oregon. The gear that was not removed consisted of bolts and top anchors—safety equipment that is intended to remain permanently in place. The climbers were also issued a written warning that they had violated 36 CFR 261.10(a): “rock climbing gear placed and maintained on National Forest when such activity requires a special use permit.”
In the second case, a climber was issued two citations under 36 CFR 261.10(a): building or maintaining trails without a special use permit. The climber had put up climbing routes that used fixed anchors for protection, replaced old, poorly located bolts used primarily for top-roping, and had improved a badly-eroding access trail at the Williamson Cliffs near Klamath Falls, Oregon. In these citations, the USFS law enforcement officer claimed that putting up a climbing route was the same thing as constructing a hiking trail, which requires a special issue permit. In both these cases the citations are without merit and the Access fund is supporting local Oregon climbers with their legal defense efforts.
Forest Service policy does not require that a climber obtain a special use permit to go rock climbing, whether climbing established routes or developing new ones. Nor has the USFS previously equated fixed anchors (bolts, pitons, etc.) with abandoned personal property (e.g. junker cars, hazardous materials). In both cases, the climbing occurred on USFS land that was not under a special management designation, such as Wilderness, proposed wilderness, traditional cultural property, or Research Natural Area. Climbing was not prohibited in either area at the time the climbers were cited, and both areas have long been used for climbing, particularly the Williamson Cliffs.
A trial date of August 31st has been set for one of the cited climbers. The climber has hired an attorney, and Access Fund Policy Director Jason Keith will testify as an expert witness for the defense explaining why the interpretations made by the USFS law enforcement officers are unprecedented, in opposition to established policy, and therefore unlawful.
This trial will be very important in determining whether the USFS, and likely other federal land agencies, will recognize the legitimacy of using fixed anchors when climbing on federal land.