[Nmcaver] Trail Law

Larry Pardue n5lp at warpdriveonline.com
Wed Jun 28 21:24:50 EDT 2006


This discussion of trail law/rules revives one of my pet peeves.  We  
are held to rules that we can not know.  Often there is something on  
a sign or publication about what is or is not allowed.  Trouble is,  
those things are, very demonstrably, not reliable.  If someone is  
allowed to cite us, they must give us the number of the rule/law/ 
statute/regulation we are violating.  And, we should have access to  
the specific rule/law/statute/regulation ahead of time.

I wrote about a recent experience at Grand Canyon.  Obviously it is  
not possible or natural or desirable for every person in the huge  
Grand Canyon National Park to be on a trail at all times.  The signs  
that suggest that is the regulation are patently nuts.  Curious about  
this I asked several uniformed NPS employees what the actual  
regulation is.  Some of them gave me the possible motivation for such  
a regulation, and told me that cutting switchbacks is bad.  Well, I  
agree with that last part.

So I went to the park headquarters.  They had no idea but let me use  
the phone to call law enforcement headquarters.  The person who  
answered the phone there had no idea either but suggested I consult  
the internet.  I asked if nps.gov would be adequate, and they told me  
to try the specific Grand Canyon site.  In this case I was able to  
find the specific rule for Grand Canyon, which as I wrote earlier,  
only addresses cutting switchbacks or more generally, cutting over  
from one trail to a parallel trail.  I went to a lot of trouble and  
still am not sure I'm right.  How can I be sure that is the only  
rule?  The signs at South Rim say I can be fined for leaving the  
trail, which 90% of all visitors do, with no objection, as far as I  
can tell, from uniformed employees.

Mike Bilbo was gigged for being off trail at Guadalupe Mountains.   
Something I recently did with an NPS employee who had no answer when  
I asked her about it.  So I looked for the rule there.  I can't find  
anything, nor can I find anything for Carlsbad Caverns NP, where  
people have been told it is illegal to even walk trails to caves.

I think a stink should be made about this whenever possible.  If  
there are rules that are going to be enforced, they need to be clear  
and AVAILABLE to the public.  If anyone bothers me about it, I plan  
to ask to be arrested.

As far as I can tell this "in the field lawmaking" is just an  
arbitrary power play much of the time.  It is our land!

Larry Pardue



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