By DANIEL PERSON Chronicle Staff Writer
Two weeks after a federal judge tossed Yellowstone National Park’s winter-use plan out the window n and certainty about the fate of snowmobiles and snowcoaches in the park along with it n just what will happen when the snow flies is still unclear.
Conservation groups, park officials and West Yellowstone business owners find themselves relying on old rules and federal procedures to figure out what can be done during a winter season that is now just 80 days away.
As it stands now, federal Judge Emmet Sullivan’s ruling that the park’s current winter plan was not in keeping with environmental laws concerning national parks has bumped Yellowstone back to the 2004 plan.
From park officials’ standpoint, that has created a tricky situation when it comes to snowmobiles and snowcoaches. Specifically, it gives them no authority to allow them at all, since the 2004 rule specified that that authority ended after the 2006-2007 season.
Their authority was reasserted with a revised winter plan that replaced the 2004 plan, but unfortunately for snowmobile users, that was the plan Sullivan found unsuitable.
Sullivan said the new plan, which would have allowed more than 500 snowmobiles into Yellowstone every day during the winter, would break laws governing how much noise and air pollution is allowable in national parks.
“Unless some change occurs, neither snowmobiles nor snowcoaches will be allowed in Yellowstone or Grand Teton this winter,” read a National Park Service release issued when the ruling came down.
John Sacklin, management assistant for the park, said he and others are trying to come up with a set of guidelines for motorized recreation in the park this winter.
“We’ve been devoting a good deal of our time since that ruling looking at what those options are,” he said.
But beyond, Sacklin was tightlipped.
“The park will be open this winter,” he said. “People will be able to drive through the North Entrance, or ski or snowshoe through Yellowstone. We will continue to explore and work very hard to determine what all the options for us might be for over-snow-travel.”
Conservation groups, including those that filed the lawsuit that got the park’s winter plan thrown out, have contended that nothing in the ruling should keep snowmobiles or snowcoaches out of the park this winter.
Amy McNamara, national parks program director for the Greater Yellowstone Coalition, said the courts have given Yellowstone officials a short clock to work on before, and they’ve turned out regulations within 14 hours.
That was in 2004, when U.S. District Judge Clarence Brimmer threw out the 2001 rule during the height of the winter season.
And while McNamara said the park still has time to figure out what to do, it should use the power it has to turn a decision around as quickly as possible.
“They have the ability to be really clear with the public,” she said. “The sooner the better.”
But Sacklin said circumstances were different in 2004. First, the ruling came down in the winter, making a quick decision more imperative. Second, he said, Brimmer gave the park more direction than Sullivan did this time around.
Regardless, at least one major business owner in West Yellowstone is going ahead with his winter plans despite the fact that as it stands now, no over-snow travel will be allowed.
“We are going to proceed as usual,” said Clyde Seeley, part owner of the West Yellowstone Holiday Inn and Three Bear Lodge. Seeley also has snowmobile and snowcoach franchises in the park and sells Artic Cat and Yamaha snowmobiles. “That would be a shame to deny the public access to the park in the wintertime.”
While he said it is “a guessing game” at this point, “our hope is that there can be a way worked through this. The Park Service at this point is being very positive about it.”
And while the mayor of West Yellowstone last week said he was afraid that news of the ruling could lead to vacationers nationwide to change their winter plans, Seeley said so far, they’ve avoided cancellations.
“We’re still going forward in a positive manner,” he said. “We are still booking reservations. We have a new snowcoach coming. We have new snowmobiles coming.”