Scary but probably coming to a mall near you.

Original

CALL FOR SESSION PROPOSALS: New Zealand Association of Leisure Studies

The 10th Australian and New Zealand Association of Leisure Studies (ANZALS) biennial conference is due to take place from the 6th to the 8th of December 2011 in Dunedin, New Zealand. In order to democratise the conference and to develop synergises across presentations the conference organising committee invites proposals from anyone who is interested in convening and chairing a themed session/s at the conference. Proposals should include a title for the session/s, identify the number of sessions being proposed, and describe the theme of the session/s and its rationale in no more than 350 words. A maximum of two sessions will be available to each theme and each session should consist of four papers. The responsibilities of themed  session/s conveners include populating their session/s through a call for abstracts, ensuring the quality of submitted abstracts, and forwarding completed session details to the conference organising committee.

Proposals should be forwarded to Diana Evans (diana.evans@otago.ac.nz) by the 26th of November. Acceptance of sessions will be confirmed by the 10th of January, 201.

Alongside the themed sessions the conference organising committee will be making a general call for abstracts for papers in the next few months to ensure everyone who wishes to come and present at the conference has the opportunity to do so and is incorporated in the conference in a way that maximises the benefits to all conference participants.

Details of the conference are located at the following website: www.otago.ac.nz/anzals
 
Cheers,

Dr Shayne Galloway
School of Physical Education
Univeristy of Otago
PO Box 56, Dunedin, 9054
New Zealand
64 3 479 8649

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Get Outdoors! Become a Habitat Steward.

Do you have an interest in spending time outdoors? Do you have a desire to help improve your community for
kids and wildlife? This unique opportunity may be right for you.

Become a Habitat Steward.

Participate in array of trainings led by local experts, from the how-to’s of wildlife friendly gardening
in your yard to coexisting with urban wildlife Learn hands-on how to develop and improve wildlife
habitat

Get to know Colorado’s native plants & native wildlife Improve your community by engaging in projects that improve habitat and create places for kids outdoors

THE TRAINING

Join a kick-off: October 3, 2-5 at the Butterfly Pavilion Personalize your learning, selecting trainings that interest you and fit your schedule Participate in habitat and wildlife garden improvement projects

TO LEARN MORE:  visit http://nwfhabitatstewards.blogspot.com or contact Julie Gustafson (303-441-5152).

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Colorado State Parks Seeks Youth Ambassador

DENVER – Colorado State Parks is seeking a young adult between the ages of 18 and 24 to be part of America’s State Parks and serve as Colorado’s Youth Ambassador. The youth ambassador who is chosen will collaborate on a nationwide media and marketing program promoting outdoor recreation in Colorado State Parks.

            The America’s State Parks campaign was launched in March 2010 as a public/private partnership effort to promote the natural, cultural and wellness value, as well as, the economic benefits provided by the parks in each of our 50 States.

The Colorado Youth Ambassador will work with Outdoor Nation, Imperial Multimedia, Colorado State Parks staff and their own social networks to document their outdoor experiences in state parks through articles, vlogs, and photo essays. In addition, the youth ambassador will have the opportunity to attend trainings, Youth Summit meetings and represent Colorado as our Youth Ambassador at the 2011 National Association of State Parks Directors meeting.

            Interested applicants should submit a 500-word essay, video and references by Oct.1. Application and program details are available at www.parks.state.co.us/pages/ambassador.aspx.

Attracting nearly 12 million visitors per year, Colorado’s 42 State Parks are a vital cornerstone of Colorado’s economy and quality of life. Colorado State Parks encompass 225,260 land and water acres, offering some of the best outdoor recreation destinations in the state. Colorado State Parks is a leader in providing opportunities for outdoor recreation, protecting the state’s favorite landscapes, teaching generations about nature and partnering with communities. Colorado State Parks also manage more than 4,100 campsites, and 57 cabins and yurts.  For more information on Colorado State Parks or to purchase an annual pass online, visit www.parks.state.co.us.

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Backpacking has a new slogan: get high, get wet and get…….

Correctly interpreting the billboards requires a little looking?

A new marketing campaign by Mission Beach Australia is posting billboards that say

• Get High
• Get Wet
• Get Laid

Next to each is a picture which further clarifies the intent.

• Get High has a picture of someone skydiving
• Get Wet has a picture of people whitewater rafting
• Get Laid has a picture of someone sleeping.

The town of Cairns in the area is a hub for whitewater rafting, skydiving, and diving on the great barrier reef. Most tourists bus in for the activities and bus out that night. The purpose of the billboards is to get the tourists to stick around a little longer.

This campaign follows last year’s campaign slogan which was “Cairns – Great Up Top, Fun Down Under.” Those billboards featured a young woman in a wet t-shirt and the copy “four play” and “get high before breakfast.”

When locals receive complaints about the marketing campaign they are told to “lighten up,” another great backpacking idea.

See Cheeky Mission Beach signs cause a stir and Cheeky beach signs cause a stir.

Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com

© 2010 James H. Moss

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If you make a promise to attract participants, you must come through on your promises.

Case goes back to trial court on marathoner’s marathoner’s claim that there was not promised electrolyte replacement at water stations.

Saffro v. Elite Racing, Inc., 98 Cal. App. 4th 173; 119 Cal. Rptr. 2d 497; 2002 Cal. App. LEXIS 4076; 2002 Cal. Daily Op. Service 3941; 2002 Daily Journal DAR 5009

In this case, a marathon ran out of the promised electrolyte replacement drink by the time the runners at the rear came through the aid stations. The plaintiff suffered a grand mal seizure on a flight home and blamed the seizure on the lack of water and electrolyte drinks. Because the advertising for the race promised the replacement drinks and the race organizer admitted in a letter post race that they did not have the drinks the appellate court held the plaintiff had a case and sent the decision back to the trial court for trial.

The plaintiff entered the “Suzuki Rock ‘N’ Roll Marathon in San Diego. Elite Racing, Inc. organized and ran the event. While on a flight home to Chicago, he suffered a Grand mal seizure, which left him with some memory loss and in a hospital for several days.

Elite sent written materials to the participants stated that there would be 23 water and refreshment stations on the course. All stations would include water, and 11 stations would distribute “Race Day” an electrolyte fluid.

When the plaintiff arrived at the first two stations, there was no water and no electrolyte fluid. At the third station, there was a volunteer with a jug of water and cups. At no station while the plaintiff was running was there any electrolyte fluid.

After the race, Elite sent a letter to participants stating there were problems, and they took full responsibility for the problems.

The trial court granted the defendant’s motion for summary judgment because the plaintiff assumed the risk of his injuries. The appellate court reversed because failure on the part of the organizer to provide a promised condition of the race could not be assumed by the plaintiff. You cannot assume what you do not know or understand.

The court stated that the scope of the legal duty owed is dependent upon the type of activity and the relationship between the parties. A sponsoring organization must “the steps the sponsoring business entity reasonably should be obligated to take in order to minimize the risks without altering the nature of the sport.” A race organizer has a duty to conduct a reasonably safe event to the extent possible without altering the nature of the event.

This duty includes the obligation to minimize the risks of dehydration and hyponatremia by providing adequate water and electrolyte fluids along the 26-mile course–particularly where the race organizer represents to the participants that these will be available at specific locations throughout the race.

Such steps are reasonable and do not alter the nature of the sport. Accordingly, we hold this is a case involving secondary assumption of risk

Because the steps could have been done, were promised in the marketing material and were not done the plaintiff could not assume the risk.

So?

Marketing Makes Promises that Risk Management Must Pay For

If you say you are going to do it to get participants to your activity, if what you promise is necessary to keep participants safe, or that they can allege put them at greater risk you better well do it.

There are some real issues here when the alleged medical condition, hyponatremia, is from drinking too much water and the allegations are based on not enough water. That is something that was confusing. The court did not care. As long as the court had an expert’s opinion, a physician, supporting the allegation the court is semi-powerless to argue anything differently.

Whether you do this before you market your event, or before you let possible participants know, make a list of the promises you are making. If one of the promises is iffy, then you had better made sure participants understand that. As the event or activity receives a closer look at your list of promises and check them off when they are covered. Any boxes without a check mark are a possible lawsuit when it comes to the safety of the participants.

Another way of looking at this is, would you run a whitewater rafting trip without Personal Floatation Devices (PFD’s) for the participants? Would you go sky diving without a parachute? If the promised benefit or issue is necessary for safety you release may not protect you from suit.

Normally, I would encourage a possible defendant to deal with injured participants. Sending a letter post race explaining issues is in that realm. Admitting you screwed up may sometimes be a good thing. However, saying it is always better than writing it. You can gauge a person’s reaction and deal with their issues in person. A letter lacks personality and does not care. Unless you knew that a possible plaintiff was out there, I would still probably encourage it. The court read the letter as proof of the court’s analysis, not as proof of the facts. Therefore, the letter was harmful, but not critical.

The obvious issue that is not answered is why not use a release. The case does not mention one. Probably, a release under California law would have prevented this lawsuit, but not in all states. A release can be defeated because of fraud or misrepresentation.

No matter what, make sure the promises you make, in writing, on your website, in your emails, on the phone or in person can be fulfilled. A broke promise coupled with an injury is a lawsuit if an injury occurs.

What do you think? Leave a comment.

Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com

© 2010 James H. Moss

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog: www.recreation-law.com

Mobile Site: http://m.recreation-law.com

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Second International Research Conference for Graduate Students

November 3-4, 2010 Texas State University-San Marcos.

The conference provides an excellent opportunity to present original research and receive feedback from experienced faculty members. The conference also provides the opportunity to network with other graduate students, as well as attend conference presentations and social functions.

Join graduate students from Texas State, as well as universities across the nation and around the world, in making presentations from a variety of fields at a conference sponsored by the Graduate College.

• Students will present their original research and receive feedback on their presentations from experienced faculty members.
• Master’s and doctoral students from all disciplines are encouraged to participate.

Second annual International Research Conference for Graduate Students at Texas State University. The Graduate College will be hosting this conference on November 3 and 4, 2010. This conference is free of charge and open to all Texas State graduate students.

Those students not submitting papers are invited to attend and must register for the conference at http://www.gradcollege.txstate.edu/rsrch_conf.html (click on the “Conference Registration” link).  The conference will be held in the LBJ Student Center and conference information is available on the above Website. This Website will be updated as additional information becomes available.

The conference will take place on the beautiful Texas State University campus, located between Austin and San Antonio.

The conference is free and open to all graduate students currently enrolled in colleges and universities.

For more information go to www.gradcollege.txstate.edu

Call for papers deadline: October 1, 2010

If you require accommodations due to a disability in order to participate, please call 512.245.2581 at least 72 hours in advance of the event.

Should you need additional information, please email Dr. Sandy Rao, Assistant Dean of the Graduate College at: sr02@txstate.edu or Sonya Garza at: sg42@txstate.edu.

Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com

© 2010 James H. Moss

Keywords:
#outdoor law, #recreation law, #outdoor recreation law, #adventure travel law, #law, #travel law, #Jim Moss, #James H. Moss, #attorney at law, #tourism, #adventure tourism, #rec-law, #rec-law blog, #recreation law, #recreation law blog, #risk management, #Human Powered, #human powered recreation,#Texas, #International Research Conference for Graduate Students,
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Call for Contributors Controversial Issues in Adventure Programming

Edited by Bruce Martin and Mark Wagstaff

To be published by Human Kinetics Publishing Company

Bruce Martin and Mark Wagstaff are beginning work on a new text exploring controversial issues in adventure programming. The book is intended to fill the need for a contemporary account of controversial issues in the field of adventure programming.  Each issue addressed in the book will be considered within the framework of a debate. Contributing authors will assume opposing points of view or opposing ethical stances regarding each issue and will develop rhetorical arguments in favor of their particular points of view.  Please see the attached document for further information about the project, including the project timeline, the list of issues proposed for inclusion in the text, and general expectations of contributors.

Contributor selections will be made by September 15, 2010. If you are interested in contributing to this text, please submit a letter of interest along with your curriculum vitae to Bruce Martin and Mark Wagstaff at martinc2@ohio.edu and mwagstaff@radford.edu prior to that date.  Please contact Mark and me if you have any questions about the project.   

Regards,

Bruce Martin, Ph. D.
Assistant Professor & Recreation Studies Program Coordinator
Department of Recreation & Sport Pedagogy
Patton College of Education & Human Services
Ohio University
Grover Center E160
Athens, OH 45701
740-593-4647 (phone)
740-593-0238 (fax)
martinc2@ohio.edu

Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com

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If it is there, it is real and probably has a legal implication.

I found this on a web page. The web page was titled outfitter guidelines.

These guidelines are intended for educational purposes only. The are not intended as a basis for evidence of legal responsibility or negligence in any legal action. ORGANIGATION suggested guidelines are for commercial tours, rentals and lessons and it is recognized that each area and each situation calls for different responses and implies no limitations on solutions the operator may choose.

One of the dreams in our world is that we can control how the courts look at things. YOU CAN’T! The web page says guidelines. The organization is well respected and represents the industry. They will be used to prove an outfitter was negligent. It does not matter what you say on the website. The process to impress the jury is so easy and devious that the head of an organization would be trapped before they knew what hit them. Example:

Plaintiff’s Attorney (PA) Mr. Executive Director, you work for ABC organization correct.
Executive Director: (ED) Yes
PA: How long have you worked for ABC?
ED 4 years
PA How many members does ABC have?
ED 450 members
PA And you have strict membership requirements, members must be involved in the tidily wink industry before they can join correct?
ED Yes
PA Your membership comprises 80% of the membership in the tidily wink industry is that not correct?
ED Yes, (proudly)
PA Your membership includes the top 10 largest manufactures and outfitters in the tidily wink industry correct?
ED Yes, (more proudly)
PA Your organization is the voice of the tidily wink industry correct?
ED Yes, (head swollen to watermelon size)
PA You membership spent many hours developing these guidelines did they not?
ED Yes, over 300 hours.
PA You brought in the experts in the industry to develop these guidelines?
ED Yes
PA Your best members abide by those guidelines do they not? (The clincher question!)
ED Yes
PA In fact the vast majority of your members abide by those guidelines, if they didn’t why have them up there. (Lots of objects and arguments, but the point was made to the jury, everyone abides by those guidelines in the industry.)
PA You intended the guidelines to be the best-written document in how to run a tidily wink business correct?
ED Yes
PA Why would you create guidelines unless you thought your membership should abide by them?
ED Mumbling
PA Why would you create guidelines unless your experts thought that every tidily wink outfitter out there should recognize them as the standard in the industry?
ED Mumbling and sweating
PA You just told us you have the best members of the tidily wink industry did you not?
ED Yes (quietly)
PA You just told us the experts created those guidelines did you not.
ED Yes
PA So if someone did not meet those guidelines, they are obviously not a very good tidily wink business are they?
ED Well there are good business and not so good business……….. (That is one way to make your membership happy!)
PA So if a business did not follow those guidelines based on what you have told us today they are not a good tidily wink outfitter are they not!

And it would go on. By the time the Plaintiff’s attorney was done asking the Executive director about the guidelines, the jury would know that the guidelines are the way to run your business. Make your own guidelines, you can live with those. Be wary of anyone who is making guidelines for you.
Besides, is there really only one way to do something?

At the very least, list them as suggestions or best practices. Remove any language that uses legal terminology or implies a legal requirement. State the ideas are for reference only and suggestions. Explain how different programs are going to implement different ideas or none of these ideas because of their program, their parameters, the environment, etc.

I was listening to a panel discussion once where one of the speakers, non-attorney, stated that as an outfitter you need to get with your attorney after an accident to decide what documents are privileged. Here again, the belief is you can control how the law is applied or looks at you. Privilege, the ability to make sure only your attorney sees a document, attaches the moment the document is created and does not change. You cannot come back later and say this document is privileged. (A privileged document is one that was created for your attorney, doctor, or priest and only for your attorney, doctor, or priest. If any other person sees the document, the privilege is lost.)

Worse if the word guidelines had been replaced with Standards. No need to worry about what you say on the stand, you would have all ready lost if some organization labels their ideas as standards.
Understand the legal issues in your business.

Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com

© 2010 James H. Moss

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Rec-Law Blog has new features new design and new web address!

Rec-Law Blog has new features new design and new web address! 

Major changes, more law, more information and more analysis at recreation-law.com. 

Denver, CO, September 15 2010: James H. “Jim” Moss, author of the Recreation Law blog has doubled the information that will be available on the blog. The changes include two additional posts each week. One new feature will be an analysis of specific legal decision affecting readers of the blog. The second will be an analysis of general legal issues in the recreation community tackling a broader approach to educate on a legal issue affecting the recreation industry. The new additions will increase posts to four times a week and position the blog as the leading source of legal information in the outdoor recreation world. 

There is no source on the web that educates the business owner, adventure travel agency or university student about the issues in this industry. You either go to law school or suffer in silence and in some cases fear. 

Posts will follow a new weekly schedule: 

• Monday an analysis of a specific legal case will be posted. Monday’s posts will look at the issues on why a case was won or lost and what can be learned from it.
• Tuesday’s post will be legal news and analysis of the legal industry.
• Wednesday will be an analysis of a legal issue affecting a broad range of programs and law. This post will focus on education of the legal issues in the industry.
• Thursday will be news for the outdoor recreation and adventure travel industry.
• Friday will be available for breaking news or anything else that strikes my fancy.

Design changes are more than cosmetic. 

Besides a new color and design scheme, the blog has incorporated more feedback and ways to ask questions or comment. 

• Readers will be encouraged to respond with a quick analysis of the articles or post comments about the articles.
• The site has added an “ask the lawyer” link to encourage readers to ask specific questions or voice concerns about the legal issues in the recreation, outdoor and adventure travel industry. 

Recreation-law.com is designed to provide legal information for people, non-profits, businesses and organization working in the outdoor recreation, adventure travel, and recreation education industry. The analysis of the legal issues is written in a way that non-lawyer can gain valuable insight into how the law, insurance and their risk management will affect their programs. 

Jim Moss has spent twenty-years practicing outdoor recreation law. My clients range from university outdoor programs to Everest guide services and equipment manufactures. I’ve been involved in litigation concerning raft companies, mountaineering guide services, canoe liveries, climbing hardware, ropes (challenge) courses and many others. I’ve written over 100 legal articles on the subject and given more than 100 speeches on the topic.

Jim is one of the co-founders of the National Outdoor Book Awards and serve on the board of directors of the Trade Association of Paddlesports, Colorado Alliance for Environmental Education, Galapagos Preservation Society and serve as chairman of the American Alpine Club library committee. I teach a ski area risk management course for Colorado Mountain College both online and a traditional classroom course. 

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Gonzalez v. City of Coral Gables 871 So.2d 1067, 29 Fla. L. Weekly D1147

Gonzalez v. City of Coral Gables 871 So.2d 1067, 29 Fla. L. Weekly D1147

Park Science Journal looking for authors

Park Science, is the research and resource management bulletin of the National Park Service.

Park Science, the research and resource management bulletin of the National Park Service (NPS), in cooperation with the NPS Wilderness Stewardship Division Office, is soliciting contributions for the winter 2011–2012 issue dedicated to the interface of science and wilderness stewardship. Park Science applies natural and social science research to park planning and management, as well as to resource management. Semi-technical in nature, Park Science is edited for the lay reader.

As an agency, the NPS is responsible for the largest amount of wilderness acreage of the four federal agencies with oversight for federally designated wilderness. There are currently 60 individual wildernesses in 49 units of the National Park System. In sum, four out of five acres administered by the NPS are to be managed under a wilderness prescription and one in six federally managed acres is designated wilderness.
In light of the ever-increasing role of science in protected area management as well as the upcoming 50th anniversary of the Wilderness Act, a special issue on wilderness stewardship is both appropriate and relevant.
Contributions such as case studies, research reports, science features, literature summaries, notes from abroad, and field perspectives are welcomed (see Author Guidelines for Park Science online at http://www.nature.nps.gov/ParkScience/guidance.cfm).

Appropriate topics for this special issue include, but are not limited to, the following:

Climate change
Cultural resources
Fire
Natural resources
Restoration
Wilderness designations/planning
Wilderness education
Wilderness character/monitoring
Visitor management/social science
Technology

The deadline for 300 word abstracts/drafts submission is Thursday, January 6, 2011. Please describe the main idea for the article including a summary of the research or resource management project, key findings and their application to management, and why the research or project is significant to advancing our knowledge of wilderness management. Include authors’ names and contact information. If possible, please indicate the category that best fits your submission (e.g., case study, research report, science feature).

Full, contributed articles will be invited on or before Tuesday, February 15, 2011. Abstracts invited for further consideration will be subject to a peer and editorial review process. Final manuscripts will be due Friday, May 6, 2011.

Guest editors for this issue are Wade Vagias (Wade_Vagias@nps.gov), National Park Service, and Ingrid Schneider (ingridss@umn.edu), University of Minnesota. Please direct inquiries to either person; submissions should be delivered to Wade Vagias:

Wade Vagias, PhD
Wilderness Stewardship Division
National Park Service
1201 Eye (I) St., NW
Washington, D.C.  20005
(202) 513-7124
Wade_Vagias@nps.gov

Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com

© 2010 James H. Moss

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Colorado DNR is giving away up to $100,000

Money to take kids outdoors.

The Department of Natural Resources is releasing a Request for Applications (RFA) under the Colorado Kids Outdoors Grant Program (C.R.S. 24-33-109.5). Grant applications submitted under this initial RFA will be funded from the Youth in the Outdoors Fund (C.R.S. 24-33-109(2)) and therefore, must focus on providing summer job opportunities. Up to $100,000 for two or more project grants is currently available. Applications must be submitted by Monday, October 4, 2010.

Details are available at: http://www.dnr.state.co.us/.

Questions should be directed to:

Kim Burgess
Chief Operating Officer
Colorado Dept. of Natural Resources
kim.burgess@state.co.us
303-866-3311, ext. 8660.

 
Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com
 
© 2010 James H. Moss

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Help to increase Recreation in the US Forest Service Planning Rule

Choose Outdoors is helping compile signators to the letter outlined below to support the U.S. Forest Service’s intent to increase emphasis on recreation in the Forest Service Planning Rule.
Action is needed now! Please contact Bruce Ward (Bruceward1@gmail.com) by Friday, Sept 10 if you are interested in signing on to the letter detailed below, in alliance with more than 50 other organizations committed to assisting the USFS in this effort.

By signing on to this letter of support, your organization is demonstrating your approval of the USFS’s proposed Planning Rule for national forests and grasslands as an effective and efficient means of guiding management of these lands in ways that meet important national needs and sustain forest resources.

GOOD
Greater Outdoor Opportunities by Design
Thomas Tidwell, Chief USDA Forest Service 1400 Independence Avenue, S.W. Washington, DC 20250-0003

Dear Chief Tidwell:

The organizations below share the goal of the Forest Service that the Planning Rule for national forests and grasslands can and should be an effective and efficient means of guiding management of these lands in ways that meet important national needs and sustain forest resources. We have individually and collectively submitted comments and participated in the roundtable sessions the Service hosted. While we have been told that our concerns about adequate consideration of recreation have been heard, we are not satisfied that the Planning Rule will incorporate recreation to the level of importance required by law and the nation’s best interests.

Recreation Opportunities: A Clear Legal Responsibility of the Forest Service
Recreation has been an important role of the national forests for more than 100 years. Recreation, including hunting and fishing, was among the chief catalysts for action to protect public lands and manage them as national forests. Congressional mandate both confirms and clarifies this purpose of the national forests. Specifically, the Forest Service is required by law to make decisions based on a multiple-use mandate, as outlined in the Multiple-Use Sustained Yield Act of 1960 (MUSYA) and the National Forest Management Act (NFMA). In particular, NFMA requires:

In developing, maintaining, and revising plans of the National Forest System pursuant to this section, the Secretary shall assure that such plans –

(1) provide for multiple use and sustained yield of the products and services obtained therefrom in accordance with [MUSYA], and, in particular, include coordination of outdoor recreation, range, timber, watershed, wildlife and fish, and wilderness… NFMA §6, 16 U.S.C. § 1604(e). MUSYA provides further clarification of the agency’s duty to provide for “use” of the National Forest System, including outdoor recreation. MUSYA’s policy statement explains:

It is the policy of the Congress that the national forests are established and shall be administered for outdoor recreation, range, timber, watershed, and wildlife and fish purposes. The purposes of sections 528 to 531 of this title are declared to be supplemental to, but not in derogation of, the purposes for which the national forests were established as set forth in section 475 of this title… MUSYA §1; 16 U.S.C. § 528.
We do not assert that outdoor recreation is, or should be, a dominant use of all national forest lands. But it is important and relevant to note that the Congress specifically listed outdoor recreation first in the identified mandated management responsibilities of the Forest Service. Also noteworthy is the fact that assessments of the economic contributions of the national forests since 1992 have consistently identified outdoor recreation as the leading national economic benefit of the forests.

This statutory guidance must be reflected in any new Planning Rule, achieved through procedures which comply with the National Environmental Policy Act (NEPA). While analysis and discussion frequently focus on the natural and physical environment, NEPA clearly embodies a broader Congressional desire “to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of future generations of Americans.” 42 U.S.C. § 4331(a). Thus, NEPA’s operative EIS requirement is triggered by federal action which may “significantly affect the quality of the human environment….” Id. at § 4332(2)(C) (emphasis added). The “human environment” “shall be interpreted comprehensively to include the natural and physical environment and the relationship of people with that environment.” 40 C.F.R. § 1508.14.
Fourth Roundtable Document and Discussions

After three roundtables and a science forum, the Forest Service and its contractor delivered a document to participants in the Fourth Roundtable which stated, in part:

Recreation and other Multiple Uses: What We Heard A common theme across the input we’ve received on the planning rule is that people want the planning rule to address the diverse uses and services they depend on from the national forest system (NFS). There was particular interest in having the planning rule address recreation. In general, participants said the planning rule should set broad objectives for recreation. The rule should identify analytical, assessment, and evaluation n as the leading national economic benefit of the forests.
This statutory guidance must be reflected in any new Planning Rule, achieved through procedures which comply with the National Environmental Policy Act (NEPA). While analysis and discussion frequently focus on the natural and physical environment, NEPA clearly embodies a broader Congressional desire “to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of future generations of Americans.” 42 U.S.C. § 4331(a). Thus, NEPA’s operative EIS requirement is triggered by federal action which may “significantly affect the quality of the human environment….” Id. at § 4332(2)(C) (emphasis added). The “human environment” “shall be interpreted comprehensively to include the natural and physical environment and the relationship of people with that environment.” 40 C.F.R. § 1508.14.

Our messages, instead, are:

• The Forest Service needs to be a proponent of outdoor recreation in its full diversity and recognize its vital contributions to the nation in the planning process, just as it is for endangered species and habitat protection. It is not up to the public to be the sole advocate for recreation. 
•  Forest plans must actively search out strategies to provide for, and manage, diverse public recreational uses of our forest. Only in extraordinary cases should alternative recreational uses be juxtaposed and treated as competitors for use of the forests. There are management strategies that can and should be employed to mitigate any environmental or social conflicts associated with recreational uses. 
• New technologies, physical separation and even temporal separation of uses can and should be utilized to accommodate passive, human-powered and motorized- and mechanizeddevice-aided activities. 
• The Forest Service must be far more aggressive in its planning process to identify and prescribe the use of state, local, volunteer and other resources to move from a laissez faire model of recreation management to strategies reflecting 21 century management capabilities. 
• The Fourth Roundtable document stated: “Many noted that the Forest Service does not really have much ability to intentionally influence economies, and should focus instead on the land management business it knows.” We strongly disagree with both contentions. Decisions regarding use of national forests, and especially decisions regarding kinds and levels of recreational uses, clearly and dramatically shape the economic health of nearby communities. And this impact must be reflected in Forest Service planning. There is no option under NEPA to abrogate this responsibility. If the expertise resident within the Forest Service is incapable of meeting this responsibility, it must be found and included. By reducing recreation opportunities or by constraining or prohibiting new recreational uses – like the initial opposition of the agency to geocaching – without considering ways to develop and apply new management protocols, the agency compromises the viability of hundreds of communities near national forests.
• The Forest Service must be an advocate of increased active use of the Great Outdoors as a means to spur the health of our populace. The cost of healthcare has increased dramatically to nearly 17% of our nation’s total GDP. Healthcare experts note that 70% of the total cost of healthcare – $2.7 trillion in 2009 – is lifestyle induced, and increasingly driven by declining levels of physical activity. Health is a major consideration of the nowunderway America’s Great Outdoors Initiative and the First Lady’s Let’s Move program. Sister agencies like the National Park Service have already undertaken pilot efforts that demonstrate the dramatic contribution public lands can make in reducing healthcare costs and increasing quality of life by preventing and mitigating illnesses including diabetes, hypertension, stress, and cancer. National forest planning must include a commitment to increasing access to recreation opportunities, thus aiding physical and mental health. 

We are greatly concerned by the lack of emphasis placed upon recreation in the documents associated with the proposed new Planning Rule and will not support a final rule that fails to correct this flaw. We intend to deliver this assessment to the public and to those representing the public if no commitment to change is made by the agency.

Steps to Overcome Identified Problems

We recognize that no action has yet been taken by the agency to publish a proposed rule. We also recognize the interest of the agency and the U.S. Department of Agriculture in moving expeditiously to provide the forests and the public with new guidance on forest planning. In the spirit of the “predecisional objection” provisions outlined in the Fourth Roundtable document, the undersigned ask for two immediate actions by the agency:

1. A meeting between the Chief of the Forest Service and the organizations below to discuss our expressed concerns and to assist the Chief in guiding agency efforts on the proposed planning rule; and
2. A formal working session involving the agency planning rule team, other relevant FS staff and a representative group of recreation interests to identify and, ideally, include provisions that would make the new rule consistent with the messages above.

Sincerely,

[listed organizations]
cc: Hon. Tom Vilsack Hon. Harris Sherman

JOREL: Call for Editor-in-Chief

Journal of Outdoor Recreation, Education, and Leadership

http://www.ejorel.com

Call for Editor-in-Chief

The advisory group of the Journal of Outdoor Recreation, Education, and Leadership is seeking candidates for the position of Editor-in-Chief. Deadline: Wednesday, September 22, 2010
Journal Philosophy & Purpose: This peer-reviewed journal focuses on the areas of outdoor recreation, education, and leadership. This collaborative effort between the Association for Outdoor Recreation and Education (AORE), the Wilderness Education Association (WEA), and the Western Kentucky University Research Foundation (WKURF) works to improve research and practice and reduce the disparity between the two in the represented disciplines.

The journal’s mission is to improve outdoor recreation, education, and leadership through the publication and dissemination of peer-reviewed manuscripts centered on professional practice, research, and theoretical discussions. Publishing articles that contribute to the development of theory and practice is a guiding principle of the journal.

Journal Format: JOREL, a subscription-based electronic journal, creates greater accessibility to a global audience while maintaining reasonable subscription rates. In addition, using tools from The Berkeley Electronic Press helps ensure compliance with web content accessibility standards.

Primary Editor Responsibilities: The Editor-in-Chief’s responsibilities include nearly almost all aspects of the journal manuscript publishing process including such tasks as: recruiting manuscript submissions; ensuring manuscript quality; assigning reviewers; tracking submissions and reviewer progress; communication with authors and seeing that publication deadlines are met; manuscript copy-editing and formatting; and publishing manuscripts to the electronic journal.

JOREL will utilize resources from The Berkeley Electronic Press, such as EdiKit Back Office Solutions to assist the editor in these duties. In addition, a small stipend is available for hiring an editorial assistant to assist the editor-in-chief with their responsibilities. The Editor will work with a six member advisory group comprised of two representatives from WEA, AORE and WKURF.

Editor Salary: $3,000 (paid $1,500 per issue).

Appointment Details: One-year appointment with the responsibility for publishing two issues.
Editor Qualifications: The successful candidate will have: a strong demonstrated understanding of the field of outdoor recreation, education, and leadership; a strong publication record; manuscript reviewing experience; and a demonstrated ability to communicate well with others.

Application Process: Interested parties should submit a cover letter and CV highlighting their qualifications to Dr. Raymond Poff, raymond.poff@wku.edu, by the end of the day, Wednesday, September 22, 2010.

Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com

© 2010 James H. Moss

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September 2010 as National Wilderness Month

The White House

Presidential Proclamation–National Wilderness Month

A PROCLAMATION

For centuries, the American spirit of exploration and discovery has led us to experience the majesty of our Nation’s wilderness.  From raging rivers to serene prairies, from mountain peaks slicing the skyline to forests teeming with life, our Nation’s landscapes have provided wonder, inspiration, and strength to all Americans.  Many sites continue to hold historical, cultural, and religious significance for Indian tribes, the original stewards of this continent.  We must continue to preserve and protect these scenic places and the life that inhabits them so they may be rediscovered and appreciated by generations to come.

As we celebrate America’s abundance of diverse lands, remarkable wildlife, and untamed beauty during National Wilderness Month, we also look back on our rich history of conservation.  It was over 100 years ago that President Theodore Roosevelt marveled at the stark grandeur of the Grand Canyon and declared, “the ages have been at work on it, and man can only mar it.”  Since that time, administrations have worked across party lines to defend America’s breathtaking natural sites.  President Lyndon B. Johnson signed the Wilderness Act in 1964, and many Presidents have since added new places to this great network of protected lands so that millions of acres of forests, monuments, and parks will be preserved for our children and grandchildren.

Following in the footsteps of my predecessors, I signed the Omnibus Public Land Management Act last year to restore and protect more of our cherished wild spaces.  In April of this year, I established the America’s Great Outdoors Initiative to develop a community-based 21st century conservation agenda that can also spur job creation in the tourism and recreation industries.  My Administration will continue to work closely with our State, local, and tribal partners to connect Americans with the great outdoors.

This month, we renew our pledge to build upon the legacy of our forebears.  Together, we must ensure that future generations can experience the tranquility and grandeur of America’s natural places.  As we resolve to meet this responsibility, let us also reflect on the ways in which our lives have been enriched by the gift of the American wilderness.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim September 2010 as National Wilderness Month.  I invite all Americans to visit and enjoy our wilderness areas, to learn about their vast history, and to aid in the protection of our precious national treasures.

IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of August, in the year of our Lord two thousand ten, and of the Independence of the United States of America the two hundred and thirty-fifth.

BARACK OBAMA

Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com

© 2010 James H. Moss

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outdoor law, #recreation law, #outdoor recreation law, #adventure travel law, #law, #travel law, #Jim Moss, #James H. Moss, #attorney at law, #tourism, #adventure tourism, #rec-law, #rec-law blog, #recreation law, #recreation law blog, #risk management, #Human Powered, #human powered recreation, #The White House, #President, #Barack Obama, #National Wilderness Month, #Wilderness, #American Wilderness
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Doom and Gloom: Only if you look at it that way

I was accused by one of my colleagues of being a scary attorney. Not my overall legal skills (I hope) but the way I presented ideas. It shook me up a lot, and thus this article. I don’t want to be accused, ever; of being an attorney whose communications whether written or oral prohibit any activity or program. If you fully inform your guests of the risks they are about to undertake and get their signature on a document acknowledging those risk and waiving their right to sue, you should be able to do about anything short of intentionally hurting a guest.

This website is designed to help you with the intricacies of the information to impart to your guests and suggestions on how to write your waivers/releases; to CYA in the state you are located and/or operating within. It is not meant to stop you from doing anything. The steps you must take will vary based upon three main factors in order of importance;

1. the most important one the state you are working in or saying the law that will be applied to your operation.
2. The clientele you are marketing too and receiving your guests from; and,
3. The activity you are doing.

Of the three, for most reader’s number 1 is the most important and possibly the only important factor.

The articles written here and what I impart through other mediums are designed to help you with these three steps. Each article if it does not have information in the body on how to overcome the legal issue it presents usually has a summary or a list of actions to take to overcome the problem the article explores.

Most of the lawsuits that occur do not occur to well run organizations except for the freak accident that occurs once in a while. In fact, most of the lawsuits reported anywhere are from organizations that do not work with an attorney and do not stay up on the legal issues in their profession. The releases are cut and copied from third parties and not written by legal counsel knowledgeable about the activity or maybe even the laws of the state. The procedures being used were adopted when the program began and have not changed since then. The people rarely show up at conferences or become involved in their trade organizations. Their risk management plan consists of a check they write to their insurance carrier every year, complaining about the increase in the premium as they do.

Good companies rarely see courtroom except on historical tours and are seen at annual trade conferences. Good companies read these articles knowing most of the lexicon and with a good understanding of the issues. Good companies work with their insurance providers showing them what they are doing to reduce the risk in their programs.

Here at Recreation Law blog I want you to read, enjoy, laugh once in a while, learn and never see a courtroom as a defendant. I want you to offer all of the programs you can to your guests, knowing that the odds are in your favor if you have done everything possible prior to the accident, and you work hard dealing with the victims after the accident. I do not want these articles to restrict your opportunities but to fine tune them. I do not want people to not experience the full range of fitness and the outdoors but to explore and grow and experience everything life has to offer. I want to help, not stop.

If I sometimes write a little gloomy, only of doom, it is a bad writing job or my own dismay at how a court has ruled making your life a little tougher and for that I apologize in advance.

Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com

© 2010 James H. Moss

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Looking for Eagle Scouts in the Outdoor Recreation Industry

SNEWS a subsidiary of Backpacker and Active Interest Media are doing a story of Eagle Scouts in the Outdoor Recreation Industry. 

If you are an Eagle Scout and working in the Outdoor Recreation Industry: Retail, Manufacturing, Media, Outfitting, Guiding, etc, send me an email at BSA.rec.law@gmail.com

Thanks

Jim

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Legal Issues Associated With Scuba Diving Fatalities

Interesting article written by a defense attorney on the legal issues associated with scuba diving facilities.  See Legal Issues Associated With Scuba Diving Fatalities.


This is a very good analysis of the issues.

Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com

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UIAA has a new Executive Director

It is with great pleasure that l am able to announce that the UIAA has engaged a new Executive Director. This person is Ingo Nicolay who joined the UIAA on July 1, 2010.
Ingo comes to us with very impressive credentials. Not only in business but more importantly for us, as the president of the Heilbronn Section of the DAV, the German alpine club.

In this capacity he has been the president of a club of 10,000 members. As such Ingo knows how to work with people in a not-for-profit organization where the challenge is to work with the motivated volunteers within the UIAA.
At this time we must express our gratitude to Ingo’s predecessor, Judith Safford, for all of her hard work in the past and we wish her all the best in the future.

I hope you will all join me in welcoming Ingo to the UIAA.

See UIAA Introduces new Executive Director

Mike Mortimer
President

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National Park Service is hiring!!!

Most are summer jobs or internships but if you get a foot in the door you may get to stay. 

See Can’t find a job, college grad? National Park Service is hiring
 

 
Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com
© 2010 James H. Moss

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Plaintiff’s lawyer in advertising points out how hard it is to win an outdoor recreation lawsuit

Unless the outdoor recreation industry makes it easy.

An injury is not enough to win a lawsuit. You must prove negligence:

• You owed the plaintiff a duty
• You breached the duty owed to the plaintiff
• The plaintiff was injured and suffered damages
• The plaintiff’s injuries were directly a result of your breach of a duty.

All four of those points must be proved, to win a lawsuit. The injury is always the obvious one. The issue is did you owe the plaintiff a duty. Did you breach the standard of care you owed a plaintiff? If the plaintiff can’t discover or does not owe that standard of care that is difficult.

See To Win An Accident Case Requires More Than Injuries You Must Have A Breach Of Duty

Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com

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I’m modifying this blog.

Starting this September I am expanding my blog www.rec-law.blogspot.com. he plan is to continue my twice weekly posts about what is happening and my comments. However, I am going to post two more items each week.

Case Analysis
 
The first will be an analysis of a case that is important to the outdoor recreation industry. Much like the case analysis I wrote for the Outdoor Recreation Law Review. This article will take one case and provide a non-legalese analysis of the case and how it can help you or how you can avoid being a victim of the same issues.

Legal Analysis
 
The second analysis will be a more in depth analysis of a legal issue facing the industry. This may be a subject or an area of the law. I look at these as editorial, educational or even white paper type of article.

 
Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com
 
© 2010 James H. Moss

Keywords: #outdoor law, #recreation law, #outdoor recreation law, #adventure travel law, #rec-law, #rec-law.blogspot.com, #blog,
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Review: Last Man on the Mountain

Jennifer Jordan has done it again and even better this time.

Jennifer Jordan’s latest book Last Man on the Mountain is a terrific and at the same time, horrific story about climbing K2 in 1939. This expedition was destined to be historical because of the attempt of Charlie Houston and Bob Bates’ team the year before: The expedition was broke and lacking solid team members. Yet a nearly middle age man, who most thought would not get out of base camp spent 3 weeks above 24000 feet during the attempt. The book also tells the story of the three climbing “Sherpa’s” who died trying to rescue Dudley.

Last Man on the Mountain is Jennifer’s second book. Her first book Savage Summit tells the tragic story of the woman who had summited K2, who all died. Jennifer’s painstaking research on K2 comes through when she writes about Dudley Wolfe and the 1939 American Expedition to K2. When Jennifer was at K2 in 2002, she found possessions and possibly the remains of Dudley Wolfe leading to this story.

Reading this book makes you want to find a villain, someone responsible for what happens. Jennifer has thoroughly researched the issues and presents several possible team members, but allows the reader to make their own conclusion as to why Dudley Wolfe died alone at Camp 7 in 1939. Weather, knowledge at the time, climber injuries and exhaustion as well as the squabbles and leadership issues of an expedition that was probably doomed to failure. But for the drive of its leader Fritz Wiessner, the expedition would have never left the states, let alone ascend the mountain.

How an East Coast Socialite came to that tragic ending and what happened to the rest of the team afterwards make this an exciting book as well as a great literary piece.

Jennifer’s talks about the book include rare footage and photographs that her research has uncovered provide the reader with the opportunity to understand the people and the time. Some of the footage can be found at Dudley Wolfe-Last Man on the Mountain.mov.

Last Man on the Mountain is well worth reading. The book is a treasure of early climbing history as well as a great story superbly written. If you have the opportunity to see Jennifer in your town, definitely make that a priority. The book and her talk are a true delight. Jennifer’s book tour can be found on her Facebook page: Jennifer Jordan.

Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com

© 2010 James H. Moss

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outdoor law, #recreation law, #outdoor recreation law, #adventure travel law, #k2, #Dudley Wolfe, #1939, #Jennifer Jordan, #Last Man on the Mountain, #Savage Summit, # Fritz Wiessner, #Jack Durrance
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