Rangers face restrictions in citing forest pass violators

By Vickie Aldous

Ashland Daily Tidings

A recent court decision could hamper the U.S. Forest Service's ability to cite people who use certain public lands without a required pass.

Earlier this week, a U.S. District Court judge in Flagstaff, Ariz. ruled that three people could not be cited for using the Red Rock area of the Coconino National Forest in Arizona without a Red Rock Recreation Pass.

Forest Service rangers had placed citations on the people's vehicles, which were parked at trailheads, but had not seen them using the area.

The judge said the three could not be fined since the Forest Service failed to show they had been in the area where the pass is needed.

In Oregon and Washington, people who use designated public lands must display the Northwest Forest Pass, which costs $30 annually or $5 per day.

The Forest Service says the fees are necessary to help offset declining congressional appropriations for recreation and are used to finance trails, campgrounds, boat launches, parking areas, information kiosks, restrooms and other facilities.

Jim Heck, assistant recreation staff officer with the Rogue River and Siskiyou National Forests, said the recent ruling likely will not affect pass program enforcement on the two forests this year since rangers are not concentrating on issuing citations.

"We generally issue a warning notice with a payment envelope to a vehicle at Northwest Forest Pass Program sites without a pass," Heck said.

However, the forests could initiate patrols with rangers targeting trailheads and issuing citations, he said.

The ruling could make enforcement difficult for U.S. park rangers who would need to stake out trailheads or search for recreationalists rather than simply placing citations on vehicles without passes parked at trailheads, Forest Service officials in Arizona said.

The national Recreation Fee Demonstration Program, authorized by Congress in 1996, has been controversial since its inception, with opponents arguing they should not have to pay to use public lands.

Although rangers could place citations on vehicles, they must tie the vehicle to the user under federal law, according to Heck.

To do that, rangers could wait for recreationalists to return, or get information about the registered owner of the vehicle and call or visit the owner, he said.

On the Rogue River and Siskiyou National Forests, spot checks of sites over several years show about 30 percent of forest users have complied with fee requirements by displaying the pass, with recent spot checks showing increasing compliance, according to Forest Service officials.

Scott Morrell, a fee opponent and Medford resident, said he believes the ruling will affect National Forests locally.

"It does create a greater enforcement burden on the Forest Service," Morrell said. "Unfortunately, if they want to enforce this program, they will have to spend a lot more money to be out there and find the people themselves. They're trying to put an entry fee on far too vast an area."

He said he understands the Forest Service needs additional funds for recreation programs, but would like to see Congress restore funding for such programs rather than continuing the fee program.

In June, the Rogue River and Siskiyou National Forests responded to criticism and cut by nearly 40 percent the number of trailheads, boat launches and other facilities where recreationalists are required to use the pass.

The Rogue River and Siskiyou National Forests have been the only forests in Oregon and Washington to reduce the number of sites where the pass is needed, although regional Forest Service officials are watching the effects of the changes.

The Associated Press contributed to this story