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Sculpin Member
Joined: 23 Apr 2015 Posts: 1377 | TRs | Pics
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Sculpin
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Sat Aug 22, 2020 9:55 am
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I'm confused.
The last three trailheads I parked at had no "fee area" signs, even though they used to have them. I have had a pass each time, others did not. I did not see any enforcement happening. But when I forgot my annual pass at home one time, the ranger station in Leavenworth was happy to tell me where I could get a day pass in town. Anyone know what's going on?
Between every two pines is a doorway to the new world. - John Muir
Between every two pines is a doorway to the new world. - John Muir
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Damian Member
Joined: 18 Dec 2001 Posts: 3260 | TRs | Pics
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Damian
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Sat Aug 22, 2020 10:03 am
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A couple weeks ago the Skykomish ranger told me they were not enforcing vehicle passes or requiring hiking permits. Not sure if this is a local or district wide policy.
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Bedivere Why Do Witches Burn?
Joined: 25 Jul 2008 Posts: 7464 | TRs | Pics Location: The Hermitage |
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Bedivere
Why Do Witches Burn?
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Sat Aug 22, 2020 10:30 am
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I've been to several trailheads where the bathrooms are closed or no garbage pickup is happening due to COVID related short-staffing. No pass is required at such trailheads because they're not supplying the required amenities.
last year, even before COVID they weren't requiring NWFP/ATB passes at the Tucquala Meadows trailhead because a bridge along the road is starting to fail and can't support the weight of the pump trucks needed to maintain the bathrooms so they closed all the bathrooms along the road.
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neek Member
Joined: 12 Sep 2011 Posts: 2338 | TRs | Pics Location: Seattle, WA |
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neek
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Sat Aug 22, 2020 10:32 am
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Many trailheads now have "no pass required" signs posted. It's not clear to me if this is everywhere, or just some trails/districts. My pass expires next month so I need to decide when to renew it. Doing so right away might be a waste. But I just got booted from my upcoming WTA trip so no freebie this year. Last time I forgot my pass and went to get one for the day, the ranger station folks said don't worry about it, but that was a couple months ago. So I'm confused as well.
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Conrad Meadow bagger
Joined: 25 Aug 2006 Posts: 2298 | TRs | Pics Location: Moscow, ID |
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Conrad
Meadow bagger
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Sat Aug 22, 2020 11:14 am
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Must depend where. At the Wallowas trailhead I was just at, the rest room was open, the fee-area signs were up, and the self-service day passes were stocked.
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Chief Joseph Member
Joined: 10 Nov 2007 Posts: 7710 | TRs | Pics Location: Verlot-Priest Lake |
A couple of months ago the Darrington Station attendant told me that trail passes were not required due to the shutdown.
I was there to get a firewood cutting permit, and they informed me that although I still needed one, it was no cost at this time. I had to wait outside while they brought me the paperwork.
Go placidly amid the noise and waste, and remember what comfort there may be in owning a piece thereof.
Go placidly amid the noise and waste, and remember what comfort there may be in owning a piece thereof.
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MyFootHurts Huge Member
Joined: 22 Nov 2011 Posts: 912 | TRs | Pics Location: Kekistan |
Mt Pilchuck had a sign that implied a pass was required but you had to purchase it elsewhere as the fee box was no longer being used because of theft.
Miller Peak and Navaho trailheads required passes last month when I was there. Don't know if anyone was writing tickets.
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Randito Snarky Member
Joined: 27 Jul 2008 Posts: 9514 | TRs | Pics Location: Bellevue at the moment. |
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Randito
Snarky Member
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Sat Aug 22, 2020 12:08 pm
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Indepent of the pandemic in order for the NWFP to be required at a trailhead it must have a minimum level of improvements. There have been several court cases, one example:
http://cdn.ca9.uscourts.gov/datastore/opinions/2012/02/09/10-16711.pdf
From the ruling the court ordered that the fee could only be required for sites containing at least four of the following improvements:
(i) Designated developed parking.
(ii) A permanent toilet facility.
(iii) A permanent trash receptacle.
(iv) Interpretive sign, exhibit, or kiosk.
(v) Picnic tables.
(vi) Security services.
With the pandemic services like garbage collection and toilet servicing have been suspended or greatly reduced, so enforcement could run afoul of the court order.
My overvation of the USFS facilities I've visited is that many "Developed Parking" areas in popular locations have been closed off and the vault toilets locked.
I think these measures are intented to both save operational costs and to discourage crowds.
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Chief Joseph Member
Joined: 10 Nov 2007 Posts: 7710 | TRs | Pics Location: Verlot-Priest Lake |
The answer is that you don't need one in Wa state at this time and even in the remote chance you receive a ticket, they won't pursue payment.
Go placidly amid the noise and waste, and remember what comfort there may be in owning a piece thereof.
Go placidly amid the noise and waste, and remember what comfort there may be in owning a piece thereof.
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xrp Tactical Backpacker
Joined: 01 May 2012 Posts: 369 | TRs | Pics
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xrp
Tactical Backpacker
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Sat Aug 22, 2020 6:25 pm
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Randito wrote: | Indepent of the pandemic in order for the NWFP to be required at a trailhead it must have a minimum level of improvements. There have been several court cases, one example:
http://cdn.ca9.uscourts.gov/datastore/opinions/2012/02/09/10-16711.pdf
From the ruling the court ordered that the fee could only be required for sites containing at least four of the following improvements:
(i) Designated developed parking.
(ii) A permanent toilet facility.
(iii) A permanent trash receptacle.
(iv) Interpretive sign, exhibit, or kiosk.
(v) Picnic tables.
(vi) Security services.
With the pandemic services like garbage collection and toilet servicing have been suspended or greatly reduced, so enforcement could run afoul of the court order.
My overvation of the USFS facilities I've visited is that many "Developed Parking" areas in popular locations have been closed off and the vault toilets locked.
I think these measures are intented to both save operational costs and to discourage crowds. |
Excellent post. It is also important to point out that a subsequent 9th Circuit Court case clarified Adams stating that the NWFP is only required if one uses the amenities at the trailhead. If you park and hike and do not use the garbage can, the toilet/vault toilet/picnic table/etc, then you do not have to have the NWFP.
Fragosa vs USFS.
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Randito Snarky Member
Joined: 27 Jul 2008 Posts: 9514 | TRs | Pics Location: Bellevue at the moment. |
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Randito
Snarky Member
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Sat Aug 22, 2020 8:02 pm
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Chief Joseph wrote: | they won't pursue payment |
Even before the pandemic and the 9th circuit ruling this was marginal at best.
I forgot my pass one time about 15 years ago and got a ticket in Okanogan/Wenatchee forest. I discarded it. About once every six months I would get a call from the US district attorney office in Spokane and they would let me know that I should pay my ticket. No mention of additional fines. I said thanks and hung up. This went on for several years, until my wife picked up the call and read me the ript act. I then paid the ticket. There were no additional penalties or interest.
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Randito Snarky Member
Joined: 27 Jul 2008 Posts: 9514 | TRs | Pics Location: Bellevue at the moment. |
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Randito
Snarky Member
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Sat Aug 22, 2020 9:30 pm
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xrp wrote: | Excellent post. It is also important to point out that a subsequent 9th Circuit Court case clarified Adams stating that the NWFP is only required if one uses the amenities at the trailhead. If you park and hike and do not use the garbage can, the toilet/vault toilet/picnic table/etc, then you do not have to have the NWFP.
Fragosa vs USFS. |
Well maybe, but I think cars parked in fee required areas without displaying a pass will be ticketed.
You'll then have to try to "beat the ticket" by arguing that you didn't use any of the improvements.
You might be successful by arguing that the ticketing ranger can't prove that you used the toilet or the garbage can.
Personally I've got better things to do with my time...
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Cyclopath Faster than light
Joined: 20 Mar 2012 Posts: 7758 | TRs | Pics Location: Seattle |
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Cyclopath
Faster than light
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Sat Aug 22, 2020 10:00 pm
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Rainier area hike today, no sign that fees were being waved, a sign at the TH said Discover Pass doesn't count here.
I got my NWFP by volunteering, maintenance on a trail I love. Sounds like I got cheated.
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Malachai Constant Member
Joined: 13 Jan 2002 Posts: 16100 | TRs | Pics Location: Back Again Like A Bad Penny |
$30 vs a drive to Spokane and back, let me think about it
Oh yhea the principle
"You do not laugh when you look at the mountains, or when you look at the sea." Lafcadio Hearn
"You do not laugh when you look at the mountains, or when you look at the sea." Lafcadio Hearn
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xrp Tactical Backpacker
Joined: 01 May 2012 Posts: 369 | TRs | Pics
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xrp
Tactical Backpacker
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Sun Aug 23, 2020 6:35 am
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catsp wrote: | xrp wrote: | It is also important to point out that a subsequent 9th Circuit Court case clarified Adams stating that the NWFP is only required if one uses the amenities at the trailhead. If you park and hike and do not use the garbage can, the toilet/vault toilet/picnic table/etc, then you do not have to have the NWFP.
Fragosa vs USFS. |
I don't think Fragosa says that at all. Not in the court's ruling, not in the settlement, and not even in the description of the settlement on the Western Slope No-Fee Coalition website.
In any event, though I don't claim to be an expert, it seems to me that the interpretation of the law in the Adams case is, well, sort of stupid. It appears to make the possibility of collecting fees illusory at the vast majority of trailheads (and that may or may not be a good thing, but that's a different discussion). To me, the Adams opinion seems somewhat strained in its logic, as well as overtly hostile to the Forest Service (which again, may or may not be a good thing depending on your point of view). |
From your link:
“No one who does not use facilities and services can be required to buy a pass just to park on or enter a national forest.”
What does that mean to you?
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