: Judge upholds Yellowstone snowmobile limits


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10-19-2005, 11:27 AM
Judge upholds Yellowstone snowmobile limits
Tuesday October 18, 2005
By BEN NEARY
Associated Press Writer

CHEYENNE, Wyo. (AP) A federal judge upheld U.S. Park Service rules limiting snowmobiles in Yellowstone and Grand Teton national parks.

In a ruling issued Friday, U.S. District Judge Clarence Brimmer rejected the Wyoming Lodging and Restaurant Association's challenge later joined by the state of Wyoming of regulations limiting the number of snowmobilers in the parks and requiring that all snowmobilers be accompanied by commercial guides.

But while Brimmer ruled that the U.S. Park Service had done an adequate job in drafting the interim rules, the judge also said he will retain jurisdiction over the matter as the Park Service drafts final snowmobile rules for the parks. The final rules will likely be released next year.

Under the Park Service rules upheld by Brimmer, snowmobiles are limited to 720 per day at Yellowstone and a combined 140 per day at Grand Teton and on the John D. Rockefeller, Jr., Memorial Parkway, which connects the parks.

Wyoming Attorney General Pat Crank said Tuesday he's disappointed that Brimmer's ruling means residents won't be free to drive snowmobiles in the parks without retaining commercial guides this winter. He said his office planned to be involved in the development of permanent rules for the parks and intends to push for less restriction on snowmobile use.

``Once they study it, there's no reason why adults can't drive their snowmobiles in Yellowstone without having a commercial guide,'' Crank said.

The restriction has been in effect for the past two winters. However, Crank said he's pleased that Brimmer will retain jurisdiction over the matter as the Park Service develops its final rule. While some litigation over the legality of snowmobiling in the parks has played out in federal court in Washington, D.C., Crank said his office believes the proper venue to address management of the parks is in Wyoming.

Lynn Birleffi, executive director of the Wyoming Lodging and Restaurant Association, said Tuesday that she's pleased with Brimmer's ruling, particularly the judge's statement that he will retain jurisdiction over the rulemaking process.

``To wait one more year is OK,'' Birleffi said. ``We had hoped to get some relief for unguided tours, but we're certainly willing to go through this process.''

Michael Scott, executive director of the Greater Yellowstone Coalition in Bozeman, Mont., said Tuesday his group was gratified that Brimmer left the interim rules in place. Scott said the judge's rules mean that visitors, business people and the Park Service itself all have certainty this winter of what the snowmobile rules will be.

Scott said his group favors continuing the requirement that snowmobilers retain commercial guides. He said the requirement, ``has meant a safer, cleaner and better park.''

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