| North Cascades |
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1. PERSONAL WATERCRAFT DEFINED
Personal watercraft (PWC) refers to a vessel, usually less than 16 feet in length (measured from end to end over the deck excluding sheer) which uses an inboard, internal combustion engine powering a water jet pump as its primary source of propulsion. The vessel is intended to be operated by a person or persons positioned on, rather than within the confines of the hull. PWCs are high performance vessels designed for speed and maneuverability and are often used to perform stunt-like maneuvers. PWC includes vessels commonly referred to as jet ski, waverunner, wavejammer, wetjet, sea-doo, wet bike and surf jet. [1]
2. OVERVIEW OF NORTH CASCADES NATIONAL PARK SERVICE COMPLEX
North Cascades National Park Service Complex is located in northwest Washington State and consists of the National Park System units of North Cascades National Park, Ross Lake National Recreation Area, and Lake Chelan National Recreation Area. Over 93% of the combined area of the three units is further protected as the Stephen Mather Wilderness. Wilderness designation prohibits motorized use, thus eliminating the option for PWC on park and NRA waters not described below.
The 504,781 acre North Cascades National Park encompasses rugged mountainous terrain. All of its waterways are within designated wilderness.
Ross Lake National Recreation Area divides the park into two sections. It includes three Skagit River hydroelectric impoundments accessible and suitable for motorized watercraft. These impoundments are Ross Lake, Diablo Lake, and Gorge Lake. Ross Lake, with a surface area of 11,680 acres, is roughly 20 miles long and one mile wide. The 770 acre Diablo Lake has two narrow arms off a central pool which together offer seven miles of waterways. Gorge Lake's 240 acre pool is three miles long and 0.2 miles wide.
Together, these three impoundments generate 784 megawatts of power for the city of Seattle.
Ross Lake NRA also includes 10 miles of free-flowing Skagit River navigable by raft, kayak and canoe, and in some sections by small motorized watercraft.
Lake Chelan National Recreation Area is the third and southern unit of North Cascades National Park Complex. This NRA's hub for recreational activity is the small community of Stehekin. Stehekin is situated on the shore of Lake Chelan, a narrow 51 mile long fjordlike lake. The upper six mile portion of Lake Chelan is within the NRA. The lake's middle 25 mile portion is characterized by US Forest Service wilderness and other undeveloped public land. The lower 20 mile section is bordered by homes, apple orchards, and at the south end, the town of Chelan.
3. CONGRESSIONAL INTENT IN ESTABLISHING THE UNITS OF NORTH CASCADES NATIONAL PARK SERVICE COMPLEX
North Cascades National Park was established by Congress "to preserve for the benefit, use, and inspiration of present and future generations certain majestic mountain scenery, snow fields, glaciers, alpine meadows, and other unique natural features . . ." (Section 101, Public Law 90-544, 1968).
Ross Lake National Recreation Area was established by Congress "to provide for the public outdoor recreation use and enjoyment of portions of the Skagit River and Ross, Diablo, and Gorge Lakes, together with the surrounding lands, and for the conservation of the scenic, scientific, historic, and other values contributing to public enjoyment of such lands and waters . . ." (Section 201, Public Law 90-544, 1968).
Lake Chelan National Recreation Area was established by Congress "to provide for the public outdoor recreation use and enjoyment of portions of the Stehekin River and Lake Chelan, together with the surrounding lands, and for the conservation of scenic, scientific, historic and other values contributing to public enjoyment of such lands and waters . . ." (Section 202, Public Law 90-544, 1968).
The Stephen Mather Wilderness was established by Congress "In furtherance of the purposes of the Wilderness Act . . ."(Public Law 100-668, 1988). The Wilderness Act's definition of wilderness includes terms such as "undeveloped Federal land retaining its primeval character and influence", "protected and managed so as to preserve its natural conditions", and having "outstanding opportunities for solitude" (Public Law 88-577, 1964).
4. CURRENT BOATING ACTIVITY
Casual boating use on Ross Lake is discouraged by limited road access. The only vehicle-accessible launch ramps are at Hozomeen, reached by a 40 mile gravel road from Hope, BC. (Travel time from Seattle to Hozomeen is six hours). The alternative access is to launch on Diablo Lake, travel to Ross Dam at the upper end of Diablo Lake, and for a fee have Ross Lake Resort portage the vessel to Ross Lake.
Much of Ross Lake's recreational use is associated with non-motorized canoe and kayak backcountry-type trips. Other common activity involves travel by small-horsepower boats related to fishing and camping. The majority of these boats are less than 18 ft. in length. In the several years prior to 1998, rangers observed about one PWC on the lake yearly. In 1998 this number increased to about four.
Diablo and Gorge Lakes both have public boat ramps easily accessible from State Route 20. (Three hour travel from Seattle.)
Diablo Lake experiences a recreational use pattern similar to Ross Lake: canoes and kayaks enroute to or from Ross Lake, campers using lakeshore sites, and fishers in small-horsepower boats. PWC use is uncommon.
Gorge Lake supports little recreational activity due to relatively small size, shallow areas, frequent fluctuation in level, and lack of recreational facilities. No PWC use has been observed.
The NRA's section of the Skagit River is popular for whitewater rafting. No PWC use has been observed.
Lake Chelan within Lake Chelan NRA is commonly traveled by motorized pleasure craft under 30 ft. in length, passenger ferry boats, and floatplanes. Less than a dozen PWCs are observed yearly.
5. POLLUTION CONCERNS
Noise
Noise intrusion is an important consideration for deciding whether an activity will be allowed within North Cascades National Park Service Complex.
Activities generating engine noise on or adjacent to the waterways associated with this analysis include boats; floatplanes; motor vehicles on State Route 20, at Hozomeen, and at Stehekin; chainsaws; and helicopters.
As already discussed, most powerboat activity in the Complex involves small vessels utilized as transportation or fishing platforms. Their sound signature is transient, and relatively quiet.
Floatplanes land daily at Stehekin. A few floatplanes land yearly on Ross Lake. Engine noise during landings and takeoffs is audible from long distances.
Motor vehicle traffic on State Route 20 can be fairly constant during busy summer periods. Most of the traffic is passenger vehicles - which combined with the screening effects of roadside forest - limits most engine noise to the immediate road corridor. Sound generated by commercial truck engines can be heard from further distances, but the impact remains local. Motor vehicle traffic at Hozomeen and Stehekin is light and speeds are slow. Noise intrusion by vehicles in these areas is limited.
Public possession or use of chainsaws and other power equipment is prohibited in the backcountry of the Park Complex. Administrative use of power equipment in the backcountry is controlled to minimize effects on the public.
Administrative use of helicopters is also managed to minimize noise pollution. Flights must be approved by the park's Wilderness and Aviation Steering Committee, and are limited to certain days and times.
PWCs produce noise level in the range of 85 decibels (dB) per unit according to data produced by the National Park and Conservation Association. The PWC Industry Association asserts that current PWCs, when measured using the "most useful" engineering method produce noise levels below 78-80 dB's at a distance of 50 feet. The industry acknowledges that older models may be as loud as 84-86 dB and modified PWCs may be much louder than that.
A person standing 100 feet away from one PWC may be exposed to approximately 75 dB which, because of rapid changes in acceleration and direction is perceived to be more disturbing then constant sounds at more than 90 dB [2]. The American Hospital Association recommends hearing protection for even occasional sounds above 85 dB [3].
Noise problems are compounded by several operating characteristics of PWCs. A traditional motorized watercraft traverses through an area, and within a few minutes, is out of the area. PWC use typically consists of groups of riders who may traverse the same area over and over again. Due to their small size and maneuverability, it is common to see several PWC operating in close proximity to each other, constantly accelerating and decelerating. Because they tend to stay in one area for longer periods of time, the noise from the PWCs is cumulative and constant. Because PWC engines lack low frequency sound, they are characterized by high pitch and whining sounds. [4]
The 1988 General Management Plan for North Cascades National Park Service Complex, on page 24, states that Ross Lake will be managed to provide a recreational opportunity "geared primarily to small boats and canoes and offering greater solitude and wilderness". The same document infers Ross Lake should be managed for a more primitive type of experience than Lake Chelan, by stating "Ross Lake, which is less accessible than Lake Chelan, will be managed to retain its character as the only large wild lake in the region . . .".
The 1995 General Management Plan for Lake Chelan NRA in its "Proposed Action" on pages 29 and 30 states:
"Activities that infringe on the solitude and natural beauty of the national recreation area or cause unacceptable impacts on resources would be discouraged or prohibited. These would include . . . jet skiing . . .".
The acoustic character of the steep canyon walls of Ross Lake, Diablo Lake, Gorge Lake, Lake Chelan, and the Skagit River contain and echo engine noise. For example, a single PWC operating in the Hozomeen Basin of Ross Lake can dominate sound in the entire basin. Even noise generated by vehicles and campers in the developed U.S. and Canadian lakeshore campgrounds around the basin can be overwhelmed by PWC engine noise a mile distant. The pitch, level, and continuity of engine noise caused by PWC use is different and more intrusive than any other sounds heard by recreation users on or adjacent to these bodies of water.
Over 93% of the Park Complex comprise the Stephen Mather Wilderness. The wilderness boundary comes to within from _ mile to several hundred feet of much of the shores of Ross Lake, Diablo Lake, Gorge Lake, Lake Chelan, and the Skagit River. The surrounding mountains are entirely within wilderness. High pitch engine noise such as produced by PWCs is audible high on the lake/river facing slopes of these mountains.
One of the goals of the National Park Service in the management of wilderness and the park is to ". . . strive to preserve the natural quiet and natural sounds associated with the physical and biological resources of the park. Activities causing excessive or unnecessary unnatural sounds in and adjacent to parks . . . will be monitored and actions will be taken to prevent or minimize unnatural sounds that adversely affect park resources or values or visitors' enjoyment of them". [5]
Water Quality
The preservation of water quality for scenic, scientific, historic and other values contributing to public enjoyment relates directly to the purposes for which the park and NRA's were established.
Nearly all PWCs in use today are powered by two-stroke, non-fuel injected engines that lose about 30% of their unburned fuel and oil mix directly into the water. While the PWC industry has been phasing out these 2-stroke units, this could take as long as 25 years or more. The Environmental Protection Agency is looking into the water quality issue associated with PWCs and possible regulations on manufacturing. [6]
6. SAFETY CONCERNS
Disproportional accident rates distinguish PWCs from conventional watercraft. For example, a 1994 California boating study reported that 13.1% of all injuries involved PWCs. PWCs also accounted for 17.5% of all fatalities [7]. Similarly, a 1995 Michigan study indicated that PWCs were involved in nearly half of the 273 boating accidents [8]. In Wisconsin, the Department of Natural Resources reported that in 1996 PWCs accounted for 3.16% of all registered boats in the state, 34% of all reported accidents, 32% of all injuries, and 13.3% of all fatalities [9]. Recent Coast Guard statistics for the years 1990 through 1994 indicate that while injuries received while operating conventional boats either declined or held steady, injuries received while operating PWCs rose by nearly 200%. [10]
These disproportional PWC accident rates are due to factors such as design, speed, and type of use. PWC design doesn't include brakes or clutches to reverse direction, are unsteerable without power and are inherently unstable. PWCs are smaller and faster than conventional boats. This makes them less visible and provides for less reaction time to obstacles or conflicting traffic.
Safety concerns may also be exacerbated by a sole operator who is often distracted by the aggressive, high speed maneuvering typical of PWC use. As a result of this maneuvering, PWC operators often have their vision obstructed by water and/or wind. PWC operators may also be distracted and/or fatigued by the athletic stamina, skill and activity involved.
PWCs often operate in groups and have the tendency to rapidly change direction and maneuver in unpredictable ways.
Narrow navigation channels with limited visibility, congested use regions, and areas with high-densities of hazards are three categories of water where PWC activity can increase accident risk. Such areas in North Cascades National Park Service Complex are:
Ross Lake
Diablo Lake
Gorge Lake
Skagit River, Gorge Dam to NRA boundary
Stehekin River
Lake Chelan
7. AUTHORITY TO REGULATE PWC USE IN NORTH CASCADES NATIONAL PARK SERVICE COMPLEX
Park management determines what types of activities are appropriate in units of the National Park Service. This is not an arbitrary decision making process. It is guided by a codified body of law and policies that have their roots in the congressional legislation that created the National Park Service in 1916, and subsequent policy decisions, congressional mandates, and legal decisions which are summarized below:
ORGANIC ACT OF 1916:
GENERAL AUTHORITIES ACT OF 1970 (U.S.C. 1a-1-1a-8):
AMENDMENT TO THE GENERAL AUTHORITIES ACT OF 1970 (16 U.S.C. 3):
REDWOODS NATIONAL PARK ACT (16 U.S.C. 79a-79q):
"Congress further reaffirms, declares, and directs that the promotion and regulation of the various areas of the NPS . . . shall be consistent with and founded in the purpose established by the Organic Act.
The authorization of activities shall be conducted in light of the high public value and integrity of the National Park system and shall not be exercised in derogation of the values and purposes for which these various areas have been established, except as may have been or shall be directly and specifically provided by Congress."
36 CFR 1.2(a)
8. AGENCY DIRECTION TO MANAGE PWC ACTIVITY
NPS Management Policies provide direction in implementing the intent of congressional mandate and other applicable Federal legislation. The policy of the NPS regarding protection and management of natural resources is "The National Park Service will manage the natural resources of the national park system to maintain, rehabilitate, and perpetuate their inherent integrity. [11] Where conflict arises between human use and resource protection, where the NPS has a reasonable basis to believe a resource is or would become impaired, the Park Service may, . . . otherwise place limitations on public use". [12]
A proposed rule regarding "Personal Watercraft Use Within the NPS System", signed by Acting Assistant Secretary for Fish and Wildlife and Parks William Leary on June 12, 1998, states:
"NPS is presently adopting interim management measures to govern PWC use in units of the National Park system during the rulemaking period. These interim management measures are intended to prohibit the introduction of PWC use into parks units which have not experienced significant PWC use before this year. NPS is directing all park units with water resource capable of being used by PWCs, but where PWCs are not being used, to designate such water resources closed to PWC use through the procedures of 36 CFR 1.5 and 1.7 pending promulgation of a final rule. In addition, superintendents in park units with some level of PWC use continue to have the authority to close areas to PWC use using these same procedures while the rulemaking process is taking place. As discussed above, the final rule, to the extent it reflects the proposed rule, will prohibit PWC use throughout the National Park System except where specifically authorized through appropriate authorization procedures."
36 CFR 1.5
This regulation provides the superintendent authority to close areas or otherwise regulate uses or activities.
36 CFR 1.7
This regulation requires the superintendent to notify the public whenever the authority of 36 CFR 1.5 is invoked. Notification will occur through signs, maps, newspaper publication, or other appropriate measures. The regulation also requires that all restrictions imposed through this discretionary authority be compiled in writing, and made available to the public upon request.
9. CONCLUSION AS TO THE ISSUE OF APPROPRIATENESS OF PERSONAL WATERCRAFT
As amended, the Organic Act gives National Park Service managers a great deal of latitude in making decisions, and the courts have consistently upheld this latitude, especially if it is supported by careful planning. National Park Service management can exclude a use that is detrimental to resources, or allow a use if it is determined to be appropriate.
There is a considerable body of law and court opinions related to the property and commerce clauses of the United States Constitution that give the government the authority to impose restrictions on activities that threaten to cause harm to federal lands or that interferes with congressional policy regarding their use, regardless of whether that activity occurs on federal, private, or state property.
Personal watercraft are a recent technological advance. The National Park Service is not obligated to accommodate every new method of travel or recreation that may be available nor or in the future. Some units of the National Park System have already banned snowmobiles after they were deemed by those particular parks to be inappropriate to their areas when examined in light of their enabling legislation and management plans.
Personal watercraft differ from traditional motorized watercraft; the specifics have already been discussed in earlier sections of this document. Their use is not compatible with the goals and objectives for the management of North Cascades National Park Service Complex, and the expectation of peace and solitude that the vast majority of water and wilderness users expect when they visit the park and two NRA's. Hence, the use of personal watercraft at North Cascades National Park Service Complex is not found to be an appropriate use within North Cascades National Park, Ross Lake NRA, or Lake Chelan NRA.
Under the authority of 36 CFR 1.5, the use of personal watercraft at North Cascades National Park Service Complex is prohibited. Public notification of this restriction will be made through press release, posting at boat launch bulletin boards, and inclusion in the Complex's Compendium.
10. ENVIRONMENTAL COMPLIANCE
The Superintendent's Compendium for North Cascades National Park Service Complex, issued pursuant to 16 U.S.C. Section 3, and 36 C.F.R., Part 1, Section 1.5, is amended to prohibit use of personal watercraft within North Cascades National Park, Ross Lake National Recreation Area, and Lake Chelan National Recreation Area. This action is found to be categorically excluded from further compliance with the National Environmental Policy Act under Departmental exclusion 1.5 in Appendix 1, 516 DM 2, and National Park Service exclusion 7.4 D(2) and (4) in Appendix 7, 516 DM 6.
Two federally listed endangered species - the gray wolf (Canus lupus) and the peregrine falcon (Falco peregrinus anatum); four federally listed threatened species -- grizzly bear (Ursus arctos), marbled murrelet (Brachyramphus marmoratus marmoratus), bald eagle (Haliaeetus leucocephalus), and northern spotted owl (Strix occidentalis caurina); and two federally listed candidate species — lynx (Lynx canadensis) and Oregon spotted frog (Rana pretiosa) may occur in the Complex environs.
In compliance with Section 7 of the Endangered Species Act of 1973, as amended, the National Park Service has determined that this action will not adversely affect any federally listed threatened or endangered species, or designated critical habitat.
Superintendent, North Cascades National Park Service Complex
February 26, 1999
| FOOTNOTES |
1Proposed Rule, Personal Watercraft Use Within the NPS System, NPS, DOI, dated 6/12/98.
2Wagner, Kenneth J. "Of Hammocks and Horsepower". Lakeline Magazine, June 1994.
5National Park Service, Management Policies, Chapter 4:18. 1988.
11National Park Service, Management Policies, Chapter 4:1. 1988.
http://www.nps.gov/noca/pwccompl.htm
Last Updated: 03-May-1999