138 



recognizes both motorized and nonmotorized craft as valid uses of the 

 Snake River. 



Regulations 



The Forest Service viewed the promulgation of special regulations authorized in 

 Section 10 of the Act as optional until the Duck Creek timber sale decision. This 

 supposition was based on the "as he deems necessary" language in that section. In the 

 opinion of the Forest Service, existing regulations were quite adequate and special 

 regulations, other than private land regulations, were not necessary. 



Draft private land use regulations were included in the CMP, but this document 

 was held up in appeals until 1984. By then much had changed, such as the addition of 

 wildemess acres and local county planning and zoning. It was necessary to do an 

 extensive rewrite. Progress, however, ground to a halt imder direction from the 

 Reagan administration to not promulgate new federal regulations. In 1991 work 

 resimied on the private land use regulations. The draft was extensively rewritten and a 

 series of public reviews held. The fmal regulations for private lands within the HC- 

 NRA were published on June 13, 1994.. 



Interim rules for management of National Forest lands were published in the Fed- 

 eral Register and became effective Oct. 5, 1989. The fmal rules were adopted on July 

 19, 1994. In these rules the agency gave itself authority to regulate type of river craft, 

 an authority they tried to get Congress to provide in the Hells Canyon Act. Congress 

 refused their request. Hells Canyon Alliance pointed out this apparent conflict with 

 Congressional intent in their comments on the regulations. While other comments by 

 the Alliance were recognized in the final regulations and resulted in some changes, 

 this comment was not addressed. 



Use Figures 



Forest Service river use reports are available from about 1978 onward; the latest 

 report contains some information for 1994, but the most recent year for which we 

 have complete data is- 1992. It is important to note that the Cache Creek public con- 

 tact station at the north end of the river came on line in the spring of 1991. Up to that 

 time compliance with the permit system by upstream traveling power boaters entering 

 the HCNRA had been minimal, enforcement was also minimal to nonexistent. An 

 apparent surge in 1991 power boat use actually reflects the improved rate of compli- 

 ance. 



During the 1992 regulated season 12,168 people floated in the HCNRA. This 

 includes floaters laimching below Hells Canyon Dam, below Rush Creek and from the 

 Lower Salmon. During this same period 23,220 people accessed the HCNRA by 

 power boat, 66% of the total, or 2 out of every 3 visitors. If only Snake River Floaters 

 are considered, power boaters comprise 81% of the total, 5,556 floaters vs. 23,220 



24 



