[pct-l] National Parks of original jurisdiction (has to do with S&R and weed)
David Hough on pct-l
pcnst2001 at sbcglobal.net
Tue Mar 12 19:16:05 CDT 2013
When I heard my one lecture on search and rescue, the first thing they
told me was that in national parks of original jurisdiction, you call the
park service for help; everywhere else (typically national forests) you
call the county sheriff. Such national parks include Yosemite and
Sequoia and Yellowstone, although the details vary in the legislation
establishing each park. Here's the relevant statute for Yosemite
and Sequoia:
http://www.law.cornell.edu/uscode/text/16/57
Note that the state is allowed to control fishing. Yellowstone is
different, it seems, and fishing is controlled by the Feds.
Those (very few) who are fascinated by such things can read about a case
that went all the way to the supreme court:
http://en.wikipedia.org/wiki/Collins_v._Yosemite_Park_%26_Curry_Co.
What about weed? I have had the unfortunate experience of observing
what happens when a Yosemite tourist feeling ill mentioned to a first
responder that they had smoked a little weed earlier, thinking a
California medical marijuana card was relevant.
It wasn't. Federal jurisdiction.
And in National Parks, first responder == law enforcement.
They're the same. That tourist got a free night in the John Muir
Hilton which is in the administrative area of Yosemite Valley, and an
opportunity for a learning experience in Federal court.
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