For Your Information (FYI bulletins are sent both electronically and by regular mail. For more information on the FYI contact either IOGA executive director Grant Simonds at gsimonds@cableone.net (208.343.9548) or IOGA office manager Jane Bruesch at idoutfitt@cableone.net (208.342.1438).
New Forest Service Permits Has Troublesome Clauses. The new permit that the Forest Service wants outfitters to sign has language that would:
- Allow the Forest Service to control permittees prices.
- Require outfitters to cover the costs of audits by the agency.
- Include new requirements to abate hazards. "The holder shall abate as completely as possible any condition before, during or after the term that causes or threatens to cause a hazard to workers' safety or to the public health or harm to the environment….." This clause constitutes conflicts with the inherent risks that exist, including falling trees or trail hazards, which the outfitters cannot remove without prior approval by the agency.
- The responsibility to protect the health and safety of all persons affected by use and occupancy is solely that of the holder. The Forest Service has no responsibility to inspect the permit area or operations or activities of the holder for hazardous conditions.
- Require a surety bond.
- Permittees are responsible for "all costs and damages" including fire suppression costs resulting from the release of hazardous materials occurring during or as a result of holder. (The issue here is that you may just be present but not responsible for the release. In other words, if they just suspect you released the hazardous material and caused a fire, you could be liable.
- Holder is liable for damage to environment including soils and vegetation and must immediately repair damage. This provision exempts normal wear type damage, but otherwise is somewhat broad and not well defined.
David Brown, America Outdoors Executive Director, alerted the IOGA membership during the recent December meeting of these troublesome FS permit provisions. In January, IOGA sent its members additional information on the new FS permit. These permit issues could force some outfitters out of business or marginalize their operations, especially if their relationship with the Forest Service at the local level is not the best. Even if your relationship with the Forest Service is good, the requirement for you to generally abate any hazards to your clients and guests on national forest lands put you at risk in the event of a lawsuit. The Forest Service has also very aggressive in auditing outfitter operations in some areas.
As an affiliate member of America Outdoors, IOGA is joining forces to work on getting the objectionable permit language amended. Some permits are expiring now (31 on the Main Salmon River, float and jetboat). Outfitters will be forced to sign the new permits, if they desire to operate. We recommend that outfitters sign the new permit and send it in on time. In the same breath, we recommend that outfitters allow IOGA and AO to protest this language on your behalf. This protest will allow you to sign the permit but reserves for you the right to have the permit amended when we win appropriate changes. To protest objectionable permit provisions, send an email to Grant Simonds, gsimonds@cableone.net, authorizing IOGA and AO to protest "objectionable provisions" in your permit. Please give the owners or permit signers name and address in the e-mail and ask us to protest the permit language on your behalf. You may also fax (208.338.7830) in a statement of authorization.
Our representation of you in protesting the permit language will help insulate you from any opposition that might be generated with the agency at the local level. Along this line, IOGA executive director Grant Simonds met with the North. Fork District Ranger and the Supervisor of the Salmon/Challis<