[pct-l] Bear-resistant canister requirements (was Cannisters& bugs)

[reynolds@iLAN.com (Reynolds, WT)]

However, is seems that they have gone way beyond that order to now "approve"
canisters. They have decided that the Ursack, for example, is not "bear
proof". Yes, the order does provide some "wiggle-room"

Still, the advice that I received from a lawyer [and my experience with the
legal system this year] is that the cost of fighting a ticket is very high.

As for a Ranger "enjoying" giving you a ticket, attitudes vary by Ranger but
the attitude from two Inyo Rangers is that "old-salts" [my words] were
refusing to obey the bear canister regulation and needed to be "taught"
[again my words]. They are, in their own words, determined that nobody in
their jurisdiction enters without a canister. Therefore, if you chose a
legal battle, count on the full weight of the US Government against you.

Fun, eh?

Tom

-----Original Message-----
From: Christine Kudija [mailto:cmkudija@earthlink.net]
Sent: Thursday, February 07, 2002 11:53 PM
To: dude@coruscant.net; PCT-L@mailman.backcountry.net
Subject: [pct-l] Bear-resistant canister requirements (was Cannisters &
bugs)


The Inyo National Forest regulation is Forest Order No. 04-97-01,
promulgated out of the Bishop ranger station, Inyo National Forest, on July
25, 1997, under the authority of the Code of Federal Regulations (C.F.R.)
regulations no. 36 CFR 261.50(a) and 36 CFR 261.58(cc).   See
http://www.access.gpo.gov/nara/cfr/cfr-retrieve.html#page1 or
http://www.findlaw.com/casecode/cfr.html (both are access points for the
CFRs; you have to plug in the title (i.e. 36) & section numbers (i.e. 261.50
or 261.58) - I didn't think it necessarily appropriate to cut & paste the
whole thing here.  You won't find the actual "order" there, just the
enabling regulations.  I got my copy of the actual order from the Bishop
ranger station.

But for what it's worth:

 36 CFR 261.58,  "Occupancy and use," states that "When provided by an
order, the following are prohibited: [subsections (a) - (bb) omitted here] .
. .  (cc) Possessing or storing any food or refuse, as specified in the
order."

The relevant text from Order 04-97-01 states:

"...for the protection of the public, the following act is prohibited within
the John Muir, Ansel Adams, Golden Trout, Hoover, Boundary Peak, Inyo
Mountains, and South Sierra Wilderness areas of the Inyo National Forest:

        possessing or storing any food or refuse unless stored in a
bear-proof container or in another manner designed to keep bears from
gaining access to the food or refuse."

The Order provides two exceptions - one for persons with a permit
specifically authorizing the prohibited act, and the other for
law-enforcement personnel acting in the performance of an official duty
(presumably such things as fire camps, search-and-rescue activities, etc).

Generally, federal administration personnel, such as forest
supervisors/chiefs etc or park superintendents are authorized to "make law"
for areas they're responsible for, as long as that law conforms to the
generalized authority in the CFRs or United States Code.  Consequently, each
jurisdiction's likely going to have a different regulation to address a
common problem.

Ain't it fun?

Incidentally, does anybody care that "canister" is spelled with one "n"?
Didn't think so....  (sorry, it's late)

Christine




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