Issue:
Whether the United States federal government, through the powers delegated to the U.S. Department of the Interior ("USDOI") and, more specifically, the National Park Service ("NPS") should promulgate special regulations that permit the use of personal watercraft (e.g. "jet skis") at Glen Canyon National Recreation Area ("Glen Canyon").

Background:
On March 21, 2000, the NPS published a regulation on the management of PWC within all units of the national park system. The regulation prohibited the use of PWC in all park units with the exception of 21 parks, lakeshores, seashores, and recreation areas. A grace period was provided for these 21 units (which included Glen Canyon) to allow time to investigate whether PWC use should be allowed to continue.

In September 2002, the NPS published a Draft Environmental Impact Statement for Personal Watercraft Rule-Making ("DEIS"). The DEIS presented three alternatives, including a no-PWC alternative for operations at Glen Canyon. On January 17, 2003, the NPS published in the Federal Register a proposed rule to implement the DEIS' preferred alternative (Alternative B). The proposed rule would designate areas within Glen Canyon where PWC use was allowable.

RtE Position:
It is the opinion of RTE that legislation, mandates, and case law support resource conservation above certain detrimental visitor recreational activities. Furthermore, users of natural parks and recreation areas place a high degree of value on the enjoyment of natural resources (e.g. soundscapes). As such, PWC use, as a recreational activity, degrades the resource conservation ethic as well as has an overall negative effect on natural resources at Glen Canyon.

Project Update:
The NPS published a Final EIS ("FEIS") for Glen Canyon on May 16, 2003 and a Record of Decision on the FEIS was signed by the NPS on June 27, 2003. Although the substance of the preferred alternative in the FEIS was essentially similar to the alternative proposed in the DEIS, the preferred alternative in the FEIS was modified to require PWC that are used at Glen Canyon must meet 2006 U.S. Environmental Protection Agency marine engine air emissions standards by 2012. On September 26, 2003, the NPS published a final rule implementing the preferred alternative of the FEIS and designating areas within Glen Canyon where PWC use may occur.

Links:

RtE-PWCCommentLetter.doc

Rock the Earth Letter of March 18, 2003 Personal Watercraft Proposed Rule-Making Glen Canyon National Recreation Area, Utah and Arizona

fr21mr00-6.pdf

March 21, 2000 Federal Register

fr17ja03-20.pdf

January 17, 2003 Federal Register

fr26se03-9.pdf

September 23, 2003 Federal Register

pwceisvol1.pdf
pwceisvol2.pdf

Final Environmental Impact Statement

Final ROD GLCA PWC 6-25-03.pdf

Record of Decision

2003-42.pdf

Publication of Final Rule