10 



Mrs. Chenoweth. My question is, the species has been listed 

 under Commerce and 



Mr. Thomas. I finally understand. I thought you said commons. 

 Yes, madame, the Department of Commerce contains the National 

 Marines Fisheries Service. 



Mrs. Chenoweth. Thank you. My question is to you, Mr. Thom- 

 as, and I would like to have your agency write your opinion on this, 

 and I want to make sure that I mention to the staff of this commit- 

 tee and to my own staff that I really would like to see that opinion. 



The opinion is, under commerce, commerce law, when a highway 

 or transportation system such as a river is used for commercial 

 purposes, can you limit one commercial use? Can you, the Forest 

 Service, limit one commercial use? 



Have I made myself clear with regards to the question? 



Mr. Thomas. I understand the question. 



Mrs. Chenoweth. OK. Could your department write that opinion 

 for me 



Mr. Thomas. Yes, madame. 



Mrs. Chenoweth. — because I think there is a serious question in 

 Congress in what the Forest Service is doing in limiting jetboat ac- 

 tivities. 



Mr. Thomas. I will assure you that we will answer your question. 



Mrs. Chenoweth. All right. 



Mr. Thomas. We will even get a lawyer to answer it. You may 

 get several. 



Mrs. Chenoweth. Mr. Thomas, when do you think you or any 

 of your attorneys here might be able to have that opinion to us? 



Mr. Thomas. I would be certain that it would probably be here 

 in a month, probably more quickly than that. I don't think it is a 

 very complex question. 



Mrs. Chenoweth. That is good. I do have a question for Mr. 

 Laverty and any of the Forest Service people who may want to an- 

 swer this. 



We have a gentleman by the name of Martin Kennedy who 

 wants to transport his equipment and some of his clients in his 

 jetboat from one side of the river to the other. He has not been al- 

 lowed to do that as he has in the past. 



With this question in mind, how can we stop activity on a com- 

 mercial highway or transportation system? On what basis is the 

 Forest Service preventing his access to that transportation system? 



Mr. Richmond. Mr. Martin Kennedy does not have a commercial 

 powerboat license on the Snake. There are 19 outfitters licensed by 

 the State of Idaho and authorized by the Forest Service, and he 

 does not have one of those 19 licenses. 



He was an outfitter on the Oregon side of the river and was al- 

 lowed to cross the river with his own boats to provide services to 

 his guests, and he currently does not have a permit. In fact, we are 

 conducting an investigation to see if he has been conducting illegal 

 commercial powerboat outfitting on the Snake River. 



Mrs. Chenoweth. Mr. Richmond, I have a letter here from Ed- 

 ward Cole dated October 30, 1995, that says a current copy of your 

 U.S. Coast Guard license is on file in our office, so it looks like 

 from your correspondence from the Forest Service that he is li- 

 censed. 



