A couple of things have happened in the five years since Wasatch Powderbird Guides sought the last extension of its permit for helicopter skiing in the Wasatch Mountains.
The U.S. 10th Circuit Court of Appeals ruled in January that the Forest Service's environmental analysis of the 2005 permit was sufficient, rejecting a legal challenge by the conservation group, Save Our Canyons.
And in 2005, Forest Service regulations were changed to extend the maximum length of outfitter and guide permits from five years to 10.
Both developments come into play now as Wasatch Powderbird Guides, which has operated since 1973, seeks to extend that 2005 permit from its expiration date on Sept. 1, 2010, by 10 years, to 2020.
Besides being twice as long, the requested permit is being treated as a "categorical exclusion" by the Forest Service. That means the application does not have to go, once again, through a detailed environmental analysis of issues addressed in the previous permit process.
That classification "surprised" Save Our Canyons, said Executive Director Carl Fisher, prompting the group to file a Freedom of Information Act request to learn more about the Forest Service's rationale for the decision.
Because the Forest Service has 20 days to respond to the FOIA filing, Fisher is concerned that Save Our Canyons might have only a day or so to evaluate the agency's conclusion before a Dec. 19 deadline to comment on the proposal.
And he sees a definite need for a study to determine how many backcountry skiers frequent the canyons where the heli-skiing company operates.
"The jury is still out on how many people are using the backcountry, and is heli-skiing making it more dangerous," Fisher said.
As Wasatch Powderbird President Rusty Dassing sees it, the categorical exclusion is completely justifiable because of the 10th Circuit ruling. The longer permit period also complies with broader Forest Service efforts to reduce time-consuming paperwork, to be more helpful to small businesses and to match the length of special-use permits issued by the Bureau of Land Management and the National Park Service.
"The biggest story here is that the Forest Service has done everything they were supposed to do. They made a serious effort over the last 10 years to study our impacts, found there were none and defended it in court," Dassing said.
"The community as a whole welcomes this opportunity. They should be happy to have one of the great heli-skiing companies and the great skiing opportunities in the country right here," he added. "The Forest Service is making sure diverse recreational opportunities are available for everyone."
Dassing also insisted "there is a lot more controversy than actual conflict" between helicopter and backcountry skiers. A 10-year permit, he added, will help people "accept the fact we are here and we are going to remain here. Instead of fighting, maybe people can learn to get along and share."
mikeg@sltrib.com
Season » Dec. 15-April 15, plus five days before or after.
Skier caps » 1,600 skier days throughout the permit area, 800 in the Tri Canyon area (Little Cottonwood, Big Cottonwood and Millcreek), 650 in the Northern Powder Circuit.
Tri-Canyon conditions » No operations on Sundays or Mondays, with a few exceptions and allowances for "home runs" (ridge line to parking lot) in Little Cottonwood. Two helicopters can be used at the same time on five days per season.
Alpine tours » Can still be authorized only in the Tri-Canyon area.
Through Dec. 19, written comment may be submitted to comments-intermtn-wasatch-cache-saltlake@fs.fed.us, or on paper (from 8 a.m. to 4:30 p.m., Monday through Friday) to Acting District Ranger Melissa Hearst, Salt Lake Ranger District, 6944 S. 3000 East, Salt Lake, UT 84121. The fax number is 801-733-2684

