SNOWMOBILE COMMUNITY APPLAUDS
WYOMING COURT DECISION

EAST LANSING, Mich., February 11, 2004

The American Council of Snowmobile Associations (ACSA) applauds the temporary restraining order issued late Tuesday by Wyoming U.S. District Court Judge Clarence Brimmer.  Judge Brimmer's order directed the National Park Service (NPS) to immediately quit "enforcing the 2001 Snowcoach rule" which they had been directed to operate under by District of Columbia U.S. District Court Judge Emmet Sullivan on December 16, 2003.  Brimmer's order further directed NPS to immediately "promulgate temporary rules for this 2004 snowmobile season that will be fair and equitable to snowmobile owners and users, to the business community, and to the environmental interests."

"Judge Brimmer's ruling is encouraging because he defers to 'the experts', NPS, to create a Winter Use Plan for the remainder of this season," stated Christine Jourdain, ACSA Executive Director.  In his decision, Brimmer went as far as to state, "A single Eastern judge shouldn't have the unlimited power to impose the old 2001 rule on the public and the business community, any more than a single Western district judge should have the power to opt for a different rule.  Rather, these issues should be left in the care of the NPS, the administrative agency into hands the public has entrusted this matter." 

In granting the temporary order, Brimmer further stated that "this Court feels that ISMA and the State of Wyoming have a substantial likelihood of success on the merits in their challenge of the validity of the 2000 Final EIS, the 2000 ROD and the 2001 Snowcoach Rule."  Jourdain added that, "While this order only applies to the remainder of the current winter season, the judge's perspective is particularly encouraging since the merits of this lawsuit will be heard in his court over the coming months.  It is something we have always believed to have been improperly created and we look forward to a fair hearing on that flawed process."

In response to Brimmer's order, the superintendents of Yellowstone and Grand Teton National Parks have issued emergency rules, effective immediately, that will be in effect for winter use management for the balance of the current 2003-2004 winter season that ends March 14, 2004.  Under the new emergency rules, all snowmobiles will continue to be required to be commercially guided.  No private, unguided entries will be allowed.  Group size is restricted to ten sleds plus the guide.  Park hours will remain 7 AM - 9 PM daily.

The emergency rules allow a total of 780 snowmobiles per day to enter Yellowstone National Park, an increase of 287 sleds per day over the 2001 Snowcoach Rule has that has been in effect under the December16th court order.  Under the new daily limits, the additional 287 guided sleds per day must be Best Available Technology (BAT) sleds, while the initial allocation of 493 outfitter sleds may be any type of snowmobile, including 2-strokes.  The new daily entrance limits by gate are as follows:  West Entrance - 400 (122 must be BAT), South Entrance - 220 (130 must be BAT), East Entrance - 100 (35 must be BAT), North Entrance - 60 (0 must be BAT).  Additionally, snowcoach-only routes used the previous two seasons will remain in effect.  

For Grand Teton National Park and the Rockefeller Parkway, a total of 50 snowmobiles per day will be allowed on the Continental Divide Snowmobile Trail and on the Grassy Lake Road; however, no guides or BAT sleds are required.  Additionally, a total of 40 snowmobiles per day will be allowed access to Jackson Lake solely for the purpose of fishing access and will require the possession of a valid fishing license and fishing equipment.