B U L L E T I N – Thanks to some super sleuthing by my friend Loyd at the  Yosemite Blog, I now have the public audio recording of the 9th District Court hearing Nov 28 in Pasadena. You can access it HERE. Warning it is 33 minutes long. The male judge (MJ) and female judge (FM) were not identified. Speaking for the NPS was attorney David Shilton (DS) and for the plaintiffs, Julia Olson (JO). I have listened to it and will summarize it for you. I am not a lawyer nor am I affiliated with the NPS or any of the principals involved. Just a Half Dome groupie.

There were several acronyms thrown about. VERP = Visitor Experiential Resource Protection.  MRC = Merced River Corridor.  ORV = Outstandingly Remarkable Value. Merced WSRA = Wild and Scenic River Act. CMP Comprehensive Management Plan.

After some introductory comments and brief history, FJ asked DS if the park is proposing a wait and see approach – i.e. monitor the crowds THEN take action. Why not take steps before degradation occurs?  DS said the park has a use monitoring system, green-yellow-red. When yellow crowd conditions appear, they can monitor traffic and divert cars/buses to Glacier Point, El Capitan or areas away from the Valley. Their interim steps are working and allow flexibility. JO then began to speak. She started saying there are 4 key things wrong with the NPS position. As she began (no specific numerical limits), she was interrupted by MJ who asked: what number do you want? Why can’t they monitor then act? JO replied that she is not qualified to pick a number – the NPS was supposed to do that. That monitoring may be too late and degradation may already occur. She said that increased visitation directly leads to degradation. Although the park is large, 70% of the visitors go to the MRC. The river is 60% in Wilderness and the park’s Wilderness plans and permits work. But she said the park erroneously considers ALL activities in the MRC as ORV’s. She said the ice rink, bars, gift shops are not directly related to wilderness/nature. FJ asked if she is wanting the park to re-do the entire plan with Public Comment? JS said yes. They only looked at Indicators and Standards but they need to address user capacity – i.e. an integrated link between the types and amount of use. A firm number onthe amount of vistors to be allowed in the park.  FJ asked if this would drag things out years. JO said that’s better than having an inadequate plan. She agreed that the interim steps being taken by NPS are working – Superintendent’s Compendium and Wilderness Trail Quotas. Park needs to also consider Enhancement – dealing with past overuse effects on the river. (All projects are enjoined but sewer and road work.) DS rebutted that VERP is not supposed to be rigid but to allow for change. He said Little Yosemite Valley is currently monitored for no greater that 20 people on a 50 meter segment of trail. FJ said they will be issuing a ruling later.  Adjournment.

*Carpe Diem Experience– Rick Deutsch– www.HikeHalfDome.com*