NATIONAL PARK SERVICE
                           MORNING REPORT

To:         All National Park Service Areas and Offices

From:       Division of Ranger Activities, Washington Office

Day/Date:   Friday, June 1, 2001

INCIDENTS

01-241 - Voyageurs NP (MN) - Search

On the evening of Friday, May 25th, the park received a 911 call 
reporting a missing boater on Sand Point Lake. Chief ranger Jim Hummel 
and district ranger Dave Little flew the park airplane to the location 
where local first responders had found and stopped an unoccupied 
circling boat. A search was conducted until sunset, but no sign of the 
31-year-old operator was found. Rangers Rene Buehl and Chuck Remus 
coordinated search operations with the local county rescue squad 
through the following weekend. Dragging operations were conducted in 
25 feet of water and two search dogs, sonar and aircraft were employed 
in a fruitless effort to locate the victim. Aerial and boat searches 
are continuing. It's believed that the operator was not wearing a life 
jacket and that he'd been drinking before he took the boat out in an 
apparent effort to drain water from it. When the boat was recovered, 
all the life jackets were accounted for and the drain plug was not in 
the drain hole. Extremely high water levels have also resulted in an 
increased amount of debris floating on the lake. [Jim Hummel, CR, 
VOYA, 5/30]

                   [Additional reports pending....]

FIRE MANAGEMENT

National Fire Plan

No new information. Please check the NPS Fire Management Program 
Center web page (www.fire.nps.gov) for further information on fire 
plan projects.

National Fire Situation - Preparedness Level II

New large fires were reported yesterday in Florida and Colorado. Two 
large fires were contained in Florida and another in Mississippi. 
Initial attack was moderate in northern California, the Southwest and 
the South and light elsewhere. Very high to extreme fire indices were 
reported in Arizona, California, Idaho, Montana, New Mexico, Oregon, 
Texas and Utah.  

NICC has posted a FIRE WEATHER WATCH for strong southwest to west 
winds in northern California. 

The full NICC Incident Management Situation Report can be found at 
http://www.nifc.gov/news/sitreprt.pdf

National Resource Status (Five Day Trend)

Date                    5/28    5/29    5/30    5/31    6/1

Crews                   62      84      113     112     112
Engines                 126     169     237     338     353
Helicopters             32      35      34      40      39
Air Tankers             1       1       0       0       1
Overhead                341     383     598     610     574

Park Fire Situation

Crater Lake NP (OR) - The park reports that its snow pack is gone - 
all that remains are small patches at the highest elevations. They 
also report one small fire of a tenth of an acre on May 28th. 

Dinosaur NM (CO) - The park reported five new fires yesterday - two 
suppressed, three in confinement strategy. No smoke was showing on any 
of the confinement fires at the time of the report. The total acreage 
burned amounted to only a half acre. 

Grand Teton NP (WY) - The Grouse Fire was started by lightning on the 
east side of the park on May 25th. It burned in sage and grass and was 
extinguished quickly and declared out on May 28th. Fuel moistures are 
at July levels and "receptive to carrying fire."

Carlsbad Caverns NP/Guadalupe Mountains NP - Light north winds pushed 
the Devil's Den Fire toward Guadalupe Mountains on Wednesday, but was 
held back with retardant and hand lines. The line was to be burned out 
on Wednesday night.

Park Fire Danger

Extreme         Lake Mead
Very High       Zion, Carlsbad Caverns, Big Bend
High            Everglades, Joshua Tree, Mojave, Guadalupe Mountains

[Mike Warren, NPS FMPC, 5/31; NICC Incident Management Situation 
Report, 6/1; NPS Situation Summary Report, 5/31]

CULTURAL/NATURAL RESOURCE MANAGEMENT

Cape Cod NS (MA) - Resource Protection Legal Decision

In late 1999, park protection and natural resource management staff 
became aware of the commercial harvesting of horseshoe crabs from park 
waters in Pleasant Bay by Jay Harrington, a commercial fisherman from 
Orleans. Harrington collected the crabs and transported them to a 
company called Associates of Cape Cod, Inc. (ACC), where the crabs 
were bled and then returned to the water, reportedly within 30 hours. 
ACC uses the blood of horseshoe crabs to manufacture limulus amebocyte 
lysate (LAL), a substance that is used to test for impurities in 
health care products, primarily medical instruments. The Food and Drug 
Administration mandates that biomedical companies perform such testing 
and ACC is one of only four companies licensed by the FDA to 
manufacture LAL. Studies that were available to the agencies at the 
time of their actions (described below) found about a 10 to 15% 
mortality rate for horseshoe crabs after bleeding. Harrington also 
collected horseshoe crabs under permit from nearby Monomoy National 
Wildlife Refuge. Monomoy discontinued its permit with Harrington in 
1999, based on a determination that it was incompatible with refuge 
purposes. Park staff met with Harrington and representatives from ACC 
in late 1999 and advised both that the practice of collecting and 
bleeding crabs was illegal and they should cease and desist. ACC and 
Harrington filed a civil action in the US District Court, District of 
Massachusetts (Civil Action No. 00-10549-RWZ), against DOI, the 
superintendent of Cape Cod NS, and the refuge manager, alleging that 
the order to stop the taking of horseshoe crabs was arbitrary and 
capricious. The plaintiffs' request for a preliminary injunction was 
allowed on May 18, 2000. Both parties filed cross motions for summary 
judgment. The legislation which created the park in 1961 contained a 
provision that left all aspects of the propagation and taking of 
shellfish as being reserved to the towns and their management. The 
plaintiffs contended that the NPS overstepped its authority, arguing 
that the horseshoe crab fell under the definition of "shellfish." Park 
staff contended that the horseshoe crab deserved protection under 
federal regulations since it belongs to its own subclass 
(Merostomata), whose closest relatives are spiders and scorpions [36 
CFR 2.1(a)(1)(i), which prohibits possessing, destroying, injuring, 
removing or disturbing living or dead wildlife from it's natural 
state, and 36 CFR 2.2, which prohibits, among other things, the taking 
of wildlife). The park also asserted that commercial activities are 
prohibited in the park unless authorized by a permit in accordance 
with 36 CFR 1.6(a).  In February of 2000, Harrington applied to the 
superintendent for a permit to collect horseshoe crabs. His request 
was denied in early April, which led to the filing of the civil action 
in federal court. In granting the preliminary injunction, the judge 
ordered the superintendent to issue a permit for Harrington to collect 
crabs until a final ruling could be made.  It is important to note 
that the prime harvest period for the collection of horseshoe crabs on 
Cape Cod is from late spring through late summer, so the court order 
ensured that Harrington and ACC would have a supply of crabs to 
harvest for 2000. The Commonwealth of Massachusetts submitted an 
amicus brief arguing that it interprets shellfish to include horseshoe 
crabs and believes that it has jurisdiction over them - not the 
National Park Service. On May 22nd, federal judge Rya Zobel ruled in 
favor of the Service on all counts, including the assertion of 
jurisdiction over horseshoe crabs within Cape Cod National Seashore 
and the superintendent's authority to deny a permit request under 36 
CFR 1.6. Judge Zobel referred to the property clause of the 
Constitution in affirming a federal agency's jurisdiction over 
wildlife in federal lands, and also concluded that state authority 
(the Colonial Ordinance of 1641-1647) cited by the plaintiffs was also 
superseded by federal authority under the Supremacy Clause of the 
Constitution. A number of people were involved in the litigation with 
Harrington and ACC, but a few played significant roles. These included 
Nancy Finley, chief of natural resources at Cape Cod; assistant 
solicitor Robin Lepore, Northeast Region; and Chris Tauro, assistant 
United States attorney, Boston. [Kevin FitzGerald, CR, CACO]

INTERPRETATION AND VISITOR SERVICES

Intermountain Region - Wildflower Interpretive Resource

The "Celebrating Wildflowers" web site now features more than 90 
wildflower illustrations from national parks. You can find these 
illustrations at http://www.nps.gov/plants/cw/watercolor/index.htm. 
Botanical illustrator Donald Davidson created over 200 individual 
watercolors of wildflowers while serving as a VIP travelling artist 
over the last three years. His works also include trees, shrubs, and 
grasses. Davidson's itinerary for 2001 (spring and summer) includes 
Organ Pipe Cactus, Capital Reef, Canyonlands, Zion, and Big Thicket. 
This project will continue through 2002. Davidson's work is supported 
in part by a grant from the D.C. Commission on the Arts and Humanities 
and the National Endowment for the Arts. If you are interested in 
contacting Donald regarding this project or using the images, you can 
reach him at DONALDdePICTS@aol.com. [Judy Chetwin, IMR VIP 
Coordinator)

MEMORANDA

"Lifting of Prescribed Fire Moratorium," signed on May 30th by the 
acting director and sent to all regional directors and 
superintendents. The full text follows:

"In August 2000, National Park Service Fire Management submitted a 
proposal outlining a strategic path for the phased reinstatement of 
the NPS prescribed fire program to the Secretary of the Interior.  The 
proposal, entitled 'Increased Management Considerations in the 
Prescribed Fire Program: Three Phases of Reinstatement of the National 
Park Service Prescribed Fire Program,' outlined in detail the process, 
action items and time lines to realign the prescribed fire program 
toward ensured success.  On August 21, 2000, the Secretary of the 
Interior approved the proposal. The original time lines have been 
adjusted due to the activities associated with the 2000 fire season 
and the implementation of the National Fire Plan.

"We are now ready to implement Phase III, which is the 'Full 
Reinstatement of the Agency Prescribed Fire Program;' complete manual 
guidance and direction will be in place.  Effective the date of this 
memorandum, authorization is given to parks to implement the 
prescribed fire guidelines in Reference Manual 18, Chapter 10, Fuels 
Management, west of the 100th meridian. Parks will have 30 days from 
the date of this transmittal to initiate any prescribed fire plan 
approved under an exemption before needing to revise the plan to meet 
the standards outlined in the guidance. The new Reference Manual 18, 
Chapter 10, is posted on the NPS Fire Net web page at 
www.nps.gov/fire/fire/policy/rm18/. Click on table of contents, and 
click on chapter 10.  Also on the web page are instructions for 
downloading and printing.  
 
"Parks east of the 100th meridian must begin using this guidance for 
all prescribed fires that are implemented in FY 2002.  This allows 
time to both implement projects this fiscal year for which the burn 
plan is already prepared and to revise burn plans for those projects 
for next fiscal year.  

"Reference Manual 18, Chapter 10, now incorporates a section on risk 
management.  Before we initiate any prescribed fire, we must ask 
ourselves what are the consequences of failure if this burn does not 
go according to plan.  We must understand the risks associated with 
the proposed prescribed fire.  We cannot become complacent.  

"A National Prescribed Fire Workshop was held on February 26, 2001, in 
Reno, Nevada, to communicate the changes in prescribed burn policies, 
plans, required analyses and practices.  Attendance at the workshop 
was required for all NPS Burn Bosses, Burn Boss Trainees, Prescribed 
Fire Managers, Prescribed Fire Manager Trainees, and FMOs.  A second 
workshop was held in Orlando, Florida, on May 22, 2001. A third 
workshop will be scheduled in the fall of 2001 to accommodate the 
individuals who have not been able to attend the first two workshops.

"We will evaluate the process used in Reference Manual 18, Chapter 10, 
this winter.  We will also evaluate the recommendations from the 
National Academy of Public Administration, Phase 2 report and the 
interagency implementation guidelines for the 2001 Review and Update 
of the 1995 Federal Wildland Fire Management Policy.  Then we will 
determine if there is a need to again update Reference Manual 18, 
Chapter 10.

"I encourage all of you to review Reference Manual 18, Chapter 10.  It 
is imperative that park superintendents and their fire management 
staff understand this guidance.  Please address any questions you may 
have to your Regional Fire Management Officer, or Sue Vap, 
208/387-5225 or Tom Zimmerman, 208/387-5215 in the Fire Management 
Program Center."

FILM AT 11...

The History Channel will run a show entitled "Save Our History - Civil 
War Battlefields" on Saturday, June 23rd, at 8 p.m. EDT/7 p.m. CDT. 
[Dave Barna, WASO]

PARKS INTERNATIONAL

A Friday supplement to the Morning Report for news about parks, park 
professionals and park protection and management issues outside our 
borders.

Protection of parks and preserves worldwide continues to be a 
dangerous business. On May 4th, warden Henry Oram, 38, of the Greater 
St. Lucia Wetland Park in KwaZulu-Natal in South Africa, was shot and 
killed while investigating prawn and fish poaching in the area. Oram 
was killed when a vehicle approached his stationery vehicle and the 
occupants opened fire. Oram jumped out and returned fire, apparently 
wounding one of his assailants before he himself was fatally wounded. 
His attackers fled the area. KZN Wildlife had this to say about Oram: 
"He was a dedicated and well-liked nature conservation officer who was 
recently presented with a KZN Wildlife bravery award for his pursuit 
and arrest of a poacher in dangerous circumstances on the western 
shores of Lake St. Lucia." Oram headed a regional anti-poaching unit. 
He leaves a wife and two children. Condolences may be sent to his 
wife, Gail Oram, c/o KXN Wildlife, Private Bag X01, St. Lucia Estuary, 
3936, KwaZuluNatal, South Africa.

                            *  *  *  *  *

The Morning Report solicits entries from the field and central offices 
for its daily and weekly sections (below). The general rule is that 
submissions, whatever the category, should pertain to operations, be 
useful to the field, and have broad significance across the agency. 
Additional details on submission criteria are available from the 
editor at any time (Bill Halainen at NP-DEWA, or 
Bill_Halainen@nps.gov). Ask for either incident reporting criteria 
(issued by WASO, June 18, 2000) or general criteria. 

Daily and weekly sections are available for news or significant 
developments pertaining to:

Field incidents                 Interpretation and visitor services
Natural resource management     Cultural resource management
Operations (WASO only)          Memoranda (WASO only)
Requests/offers of assistance   Park-related web sites
Parks and employees             Media stories on parks
Training, meetings, and events  Queries on operational matters  
Reports on "lessons learned" 

Distribution of the Morning Report is through a mailing list managed 
by park, office and/or regional cc:Mail hub coordinators.  Please 
address requests pertaining to receipt of the Morning Report to your 
servicing hub coordinator.  The Morning Report is also available on 
the web at http://www.nps.gov/morningreport

Prepared by the Division of Ranger Activities, WASO, with the 
cooperation and support of Delaware Water Gap NRA.

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