Hang-gliding
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With regard to workshop question number 2, Title
36, Part 2.17 of (?) federal regulations: unpowered, non-motorized aircraft
should be recognized as an acceptable recreation use.
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NPS regulations do not ensure that hang gliding
will continue within the existing national forest.
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Hang gliding has a long history and record of
success in the region. Pilots have established records for flight distance and
duration here.
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Protect existing hang gliding take-off
opportunities and landing areas.
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Want continued space for "silent
flight" - (e.g. hang gliding).
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Want to make sure recreational users are not
shut out - keep areas open. Hang gliding, mountain biking, hunting, etc.
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Not only is the impact light when silent soaring
is taking place, but the number of soaring pilots is small, and the times when
atmospheric conditions permit soaring are limited. Silent soaring is possible
only on days when the atmospheric conditions are right, and then, only during
limited times of day. At most sites, the only source of lift is thermal
currents. Because thermals do not develop until the sun has heated the ground
for a number of hours, it is usually impossible to soar in thermals before
about 11:00 a.m. on a summer day, or before 1:00 p.m. in winter. Although expert
pilots are those who can stay aloft longer, flights average about an hour.
Consequently, there is a very narrow "window" of time when soaring
takes place each day, between 11:00 a.m. and sundown, and then only on days
that are suitable. It is possible to soar without thermals at sites where a
steady wind blows into a ridge at right angles, producing a wave of lift above
the ridge. These are frequently coastal sites on the Pacific Ocean, such as the
Trancas
Canyon site, which was
lost when NPS took over the Santa Monica Mountains National Recreation Area.
Finally, the number of soaring participants is small. SHGA is the largest
soaring club in Southern California, with
about 200 members, and about 120 who fly regularly. Even at our Kagel Mountain
flying site, where we own the LZ, the most heavily used soaring site in California, it is only
on weekend days that one can expect to see hang gliders in the air for most of
the afternoon, and as always, it depends on the weather. Silent soaring is a
historical recreational use of the San Gabriel Mountains
that has a very light impact, and which is virtually imperceptible to other users.
This use should not be prohibited, but should be fostered by the same policy
that encourages other outdoor recreational uses of National Parks and National
Recreation Areas, and to the same extent. In the event that National Park
Service Regulations become effective in the San Gabriel
Mountains, the prohibition on silent soaring should never go into
effect there. Loss of sites in the past twenty years, most of the sites where
hang gliding has been taught or practiced have been lost. In just the last ten
years, at least ten sites have been lost in Los Angeles County
alone because of real estate development and other causes. No new sites have
been established. Launching from Mount Wilson in the Angeles
National Forest, for example, there is
only one place where it is permitted to land within a 5:1 glide of the launch, Victory Park
in Pasadena,
and only on pre-scheduled weekend days when, by paid permit, the Park closes
two soccer fields to permit landing. That is only one LZ, unavailable at most
times, in the 45 square miles surrounding mile-high Mount
Wilson. That LZ also recently was lost, so that Mount
Wilson is no longer available as a launch site. In the past year,
real estate development has swallowed up the LZ for the historic Lake Elsinore
hang gliding site, and development is presently threatening Andy Jackson
Air Park
in San Bernardino.
Because sites are so scarce, we believe we must vigorously preserve those few
that remain. Since many of the remaining sites are in public lands, we believe
it is critical to the very survival of our sport that silent soaring be
fostered in our public lands. We are gravely concerned that designating these
lands a National Recreation Area will unwittingly outlaw silent soaring there.
We oppose any proposal that would bring about that result. The application of
National Park Service Regulations to the San Gabriel
Mountains would outlaw the sports of hang gliding and paragliding
in an area where it has been practiced for nearly four decades. This is because
under National Park Service Regulations, Title 36 Code of Federal Regulations,
Section 2.17(a), "The following are prohibited- (1) Operating or using
aircraft on lands or waters other than at locations designated pursuant to
special regulations. In the definitions section, § 1.4, "operating or
using aircraft" includes powerless flight. When the Santa Monica Mountains
National Recreation Area was established and the NPS assumed the management of
those lands, it applied NPS regulations, including §2.17(a), which prohibits
unpowered flight, and effectively expropriated the Trancas
Canyon flying site, the last coastal hang gliding site in Los Angeles County.
Two of the three proposals of the SGWMSRS call for the designation of these
lands as a "National Recreation Area," which carries the potential
for outlawing our sport in one of the few areas where it can still be
practiced. The hang gliding and paragliding ("silent soaring" or
"free flight") community needs to preserve the few remaining sites in
California where silent soaring sites have not been gobbled up by real estate
development, or lost when the National Park Service has assumed control of
lands. Moreover silent soaring should be accommodated in the National Park
System as a low-impact, low-visibility recreational use. It should not be
treated the same as powered aviation. There is no reasonable land use policy to
be served by lumping hang gliders with Lear Jets. Outside public lands, real
estate development in California
and nationwide has drastically reduced the number and variety of sites where
hang gliding and paragliding have been possible. Despite a long history of
successful silent soaring on public lands, persons unfamiliar with silent
soaring confuse it, and its participants with other sports that they deem to be
"thrill sports," simply because it involves a measure of risk to its
participants. However, silent soaring should never be confused with sports that
involve recklessness, create noise and pollution, damage the land, frighten and
injure wild life and damage riparian areas, sometimes in a manner that seems
careless, immature and inconsiderate of other users. On the contrary, pilots of
hang gliders and paragliders undergo extensive flight and safety training in
order to obtain their pilots' licenses. They invest substantial sums of money
in training and equipment, and they are generally more mature than most dirt
bikers, OHV enthusiasts, snowmobilers, and other users that run their powered
vehicles over the land. The San Gabriel Mountains
are one of the few precious remaining sites where silent soaring can be
practiced. We believe that the proper approach is to evaluate the impact of
silent soaring on the land and on other National Park users. Because other
users are rarely, and barely aware of our presence, we believe our use of
public lands should be permitted and welcomed to the same extent as other
recreational uses. Accordingly, the SHGA feels strongly that: 1. The designation "National Recreation Area" is
worthwhile and desirable to the purpose of preserving these treasured lands for
recreational use for the public. 2. These lands should never be designated
"National Recreation Area," if 36 CFR §2.17(a) would be applied to
prohibit silent soaring on those lands. 3. There is no reason why 36 CFR §2.17
(a) is necessary or desirable to prohibit silent soaring in the San Gabriel Mountains. Any enabling legislation or
regulatory changes should exempt silent soaring from that prohibition on these
lands. 4. As a general matter, grouping hang gliding and paragliding with a
prohibition on powered aviation has no reasonable justification in public land
management policy. The NPS regulation should be amended to eliminate the
prohibition of "unpowered flight" as applied to hang gliders and
paragliders. 5. The blanket nationwide prohibition of "unpowered
flight," set forth in 36 CFR §2.17 is unnecessary
and undesirable. The decision whether to permit silent soaring in any
individual National Park or National Recreation Area should be a decision
committed to the discretion of the administrator of that facility. The
regulation should be changed to allow silent soaring except where individual
Park administrators decide to restrict it for reasons unique to their
particular Park or Recreation Area 6. Individual National Park
and National Recreation Area administrators should be informed by a national
policy that recognizes that silent soaring has a low impact on the land and
that liability concerns have been evaluated at the national level and have been
found to be manageable. 7. Silent soaring should be included and fostered among
other recreational uses of National Parks and National Recreation Areas. VI. SILENT
SOARING HAS VERY LIGHT IMPACT ON PUBLIC OR PRIVATE LANDS Silent soaring is an
activity that neither damages the land nor infringes the solitude of those who
wish to enjoy a wilderness experience without any awareness of other
recreational users. Silent soaring poses no threat to wildlife. The only
wildlife we affect are soaring birds, and our only
effect is that we sometimes share rising thermal currents, soaring aloft with
them naturally. Where preserves for the breeding of endangered wildlife are present,
landing zones are made available away from them. Silent soaring does not
physically degrade the forest as do, to various degrees, hiking, bicycling,
off-road motoring, skiing, snowmobiling, fishing and hunting. Our activity
truly adheres to the goal, "Leave no trace." Silent soaring poses no
threat to riparian areas. Wet areas absorb the sun's energy and do not produce
thermals, as do bare rocks and earth. Consequently soaring pilots generally
have little reason to frequent riparian areas. Silent soaring produces no
conflicts with other users. It makes no noise, and emits no exhaust, smoke,
dust or vapors of any kind. As a recreational use of public lands, silent
soaring has no similarity to noisy, polluting, destructive off-road vehicles,
such as snowmobiles, dirt motorcycles and all-terrain vehicles, which are
frequently accommodated by administrators of public lands, often at great
expense. For example, the recently enacted Eastern Sierra and Northern San
Gabriel Mountains Wild Heritage Act, despite its name, creates three off-road
recreational vehicle areas. We cannot dismiss the possibility that industry
lobbying has more to do with those accommodations than sound land use policy.
Any future proposals with respect to the San Gabriels, would infringe or
destroy the existing recreational opportunities of foot launched, powerless
silent soaring - - hang gliding and paragliding in one of the few areas of
Southern California where our sport can still be practiced. Our use of public
lands produces virtually no impact whatsoever. Our sport is being strangled by
voracious land development and it is crucial to save the few sites that remain
where we can launch and land. The inadvertent application of NPS Regulations to
these lands would kill our sport in the San Gabriels, and the businesses that
service our sport.
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While some indication exists that alternatives
of the plan envision things like bike riding in semi-urban open space, nothing
is said about the opportunities in the forest, many of which have been severely
curtailed or eliminated (hang gliding, nude sunbathing, shooting, archery, and
how the trail system would be administered to deal with the competing demands
of bicycles, horses, and foot hikers). What about other legitimate uses of the
forest? (E.g. mining).
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We are concerned that the implementation of one
of the three proposals that have been discussed might put National Park Service
Regulations into effect in the San Gabriel Mountains.
Since 36 C.F.R. § 2.17(a) prohibits aviation in National Parks and National
Recreation Areas, such a result would effectively outlaw hang gliding and
paragliding in the San Gabriel Mountains, where it has been practiced for
nearly four decades . We are sure that no one intends such a result, and we
request that you assure us that it will not occur inadvertently.
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An NRA should add healthful recreational
opportunities, not eliminate any current opportunities. It should be clear that
the NRA's intent is not to reduce any existing lawful recreation –ranging from
hang-gliding off mountains to driving off-road vehicles on designated trails -
but rather to create and promote new low-impact recreational opportunities.
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A national recreation area should improve the
recreational experience of visitors while protecting and preserving the
mountain's natural resources. An NRA should be designed to promote and expand
healthy, non-motorized recreational opportunities. Detail how non-motorized
users might benefit from an NRA, including fishers, equestrians, picnickers,
sightseers, birders, mountain bikers, hikers, and other who constitute 95% of
the visiting public. Make it clear, however, that a national recreation area
will preserve existing legal recreational opportunities in existing areas where
they take place, including hang gliding and off-road vehicles trails.