RANGER ACTIVITIES DIVISION
                           MORNING REPORT

Attention: Directorate
           Regional and Park Chief Rangers, USPP, BIFC, FLETC
           Ranger Activities Division Information Network

Day/Date:  Tuesday, December 14, 1993

Broadcast: By 0900 EDT

INCIDENTS

93-848 - Voyageurs (Minnesota) - Follow-up on Employee Death

Services for park carpenter Roger Hanson, 40, who died December 10th, will
be held tomorrow afternoon at the Zion Lutheran Church in International
Falls.  Contributions will be forwarded to the American Heart Association. 
A fund is being set up by the family, but arrangements have not yet been
completed.  All monetary gifts should be sent directly to Roger's family c/o
Barb Hanson, Route 8, Box 560, International Falls, MN 56649.  Roger, a
native of International Falls, began his career with the Service in 1983 as
a seasonal laborer; he was promoted to the park carpenter position in 1985.  
[Bruce McKeeman, CR, VOYA, 12/13]

93-850 - Glacier Bay (Alaska) - Hunting Case Dismissal

On October 5th, rangers on boat patrol near Garforth Island in Glacier Bay
during a commercial halibut fishery opening came upon the fishing vessel
Mermaid and saw individuals on board in possession of a dead seal.  G.B.,
37, a Tlingit native from Hoonah, admitted to having shot the seal. 
Since the legislation for Glacier Bay does not permit native hunting or
other subsistence activities within the park, the seal and a rifle were
confiscated and G.B. was cited for illegal taking of wildlife under 36 CFR
2.2 (a)(1).  The case provoked a strong reaction within the native community
that was played out in the media.  G.B. contested the charge, and a series
of motions to dismiss were filed on his behalf by the defense counsel.  The
Native American Rights Fund represented the Huna Traditional Council and the
Alaska Native Sisterhood in an application to participate as amici curiae in
the case.  The park was represented by attorneys from the Office of the
Solicitor and the Department of Justice.  The primary arguments raised in
the motions centered on the coastal native exemption for marine mammal
hunting provided by the Marine Mammal Protection Act, and on First Amendment
issues, supported by the Native American Religious Freedom Act, through
which seal hunting was portrayed as an important component of the religious
practices of the local Tlingit.  Problems with the applicability and scope
section of the regulations found in 36 CFR 1.2(b) surfaced at the trial in
September.  The defense asserted that the NPS does not have jurisdiction on
the marine waters of the park - an area of proprietary jurisdiction - absent
proof of ownership of the submerged lands.  Because of the potential
implications of the ownership issue (Alaska has asserted ownership of all
navigable waters within state boundaries, including the marine waters of
Glacier Bay), the judge directed the defense to include attorneys
representing the state in the brief preparation.  The approximately 600,000
acres of submerged lands included within the park's boundaries were reserved
to the federal government for the purposes of the park prior to Alaska
statehood, and solicitors' opinions have supported the Service's claim of
ownership.  The government's attorneys felt it inappropriate to argue the
ownership issue in a misdemeanor criminal case, however, as the results
would be binding on the federal government if against and not binding in the
state if in favor.  The attorneys argued that the issue of ownership is more
appropriately addressed through civil process.  A motion to dismiss the case
was filed by the government based on the applicability and scope problems
with the regs and its unwillingness to argue the ownership issue with the
defense and state in a misdemeanor criminal case.  Alaskan rangers
campaigned vigorously against the motion to dismiss, but did not prevail. 
None of the legal issues raised in the case were addressed or resolved
regarding native hunting of marine mammals in the park.  Alaskan rangers are
concerned that the decision to dismiss has potentially negated Glacier Bay's
ability to enforce any regulations on the marine waters of the park.  Absent
ownership of the submerged lands, it follows that the same applies to all
park areas under proprietary jurisdiction within the system.  Prior to
dismissal, the Office of the Solicitor and the Department of Justice
committed to pursuing quiet title claim in civil court for the park's
submerged lands.  These offices, and the Department, have also committed to
assisting with the revision of 1.2(b) of the regulations so that Parts 1-5
and 7 will be applicable on waters within proprietary jurisdiction park
areas regardless of ownership.  Draft regulations are now being formulated. 
[Randy King, GLBA, 12/9]

93-851 - Natchez Trace (Mississippi/Alabama/Tennessee) - Suicide

J.D., 48, of Wellsville, New York, was found dead at the Holly Hills
picnic area on Saturday, December 11th.  J.D. apparently died from a self-
inflicted gunshot wound.  [Gordon Wissinger, CR, NATR, 12/13]

93-852 - Natchez Trace (Mississippi/Alabama/Tennessee) - MVA with Fatality

On December 13th, M.D., 23, of Clinton, Mississippi, was driving
northbound on the parkway near the Holly Hills picnic area when his vehicle
left the roadway and struck three trees.  M.D. died in the accident. 
The vehicle was consumed by fire.  [Gordon Wissinger, CR, NATR, 12/13]

RESOURCE MANAGEMENT

No field reports today.

NOTES


STAFF STATUS

Division Chief: No leave or travel scheduled.

Branch of Resource and Visitor Protection: Henry at aircraft overflight
contracting meetings (12/10-12/17); Dickerhoof at FLETC meeting (12/12-
12/18).

Branch of Fire and Aviation: Erskine and Farrel at structural fire program
review (12/15-12/17); Zimmerman instructing RX340 (12/9-12/16).


Prepared by WASO Division of Ranger Activities

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