NATIONAL PARK SERVICE
                           MORNING REPORT

To:        All National Park Service Areas and Offices

From:      Division of Ranger Activities, Washington Office

Day/Date:  Monday, December 8, 1997

Broadcast: By 1000 ET

INCIDENTS

97-737 - Presidents Park (DC) - Demonstration with Arrests

On the afternoon of December 5th, 25 protestors from People for Ethical 
Treatment of Animals (PETA) took part in a demonstration on the White House
sidewalk to protest the use of leg-hold traps.  Five members of the group
were arrested by USPP officers after they discharged red paint onto the
sidewalk.  The five were charged with defacing government property and
demonstrating without a permit.  [Bill Lynch, RLES, NCRO, 12/7]

RESOURCE MANAGEMENT

No entries.

OPERATIONAL NOTES

Court Ruling on Special Use Permit Authority - In a ruling filed on October
17th, a magistrate judge found that the Service properly administered its
special use and commercial use permit authorities in a case of a motorcycle
race held at Death Valley NP without a permit.   Dual sport motorcycle
promoter Jerry Counts was found guilty of failing to obtain a permit prior to
engaging in a special event called the "Death Valley 400."  The 1995 event
consisted of approximately 100 dual sport motorcycles traversing the park's
backcountry roads.  Counts held the event, ignoring numerous efforts from the
NPS to gain his voluntary compliance.  He was subsequently charged with
violations of 36 CFR; specifically, engaging in an activity subject to a
permit requirement without obtaining a permit and engaging in or soliciting a
business in park areas without a permit, contract, or other written agreement
with the United States.   A bench trial was held in district court in
California last February 12th.  Counts contended that he was not a commercial
operator for the Death Valley 400 because he did not offer or perform any
personal services, or perform substantial business solicitation activities
upon federal land.  He argued that he was simply providing a self-guided
tour, and likened it to a motor club offering "triptiks" to its members.  The
court, however, found that Counts marketed a map with specific directions for
a specific weekend to the general public, and that his actions affected the
objectives of a federal land management agency.  The effects included the
government's concern for an unusually high number of participants using roads
that otherwise have low usage and proposed routes that may pass through
critical habitat areas.  The court found that the Death Valley 400 was a
"sports event" and denied a motion by Counts to dismiss the ruling due to the
regulations being unconstitutionally vague.  The court further found that
there was "no question that Counts engaged in business.  Regardless of
whether or not Counts enjoyed a net profit, his business, Countdown
Engineering, is not a not-for-profit organization."  Although the judge found
Counts guilty on both charges, he will be sentenced on one count because he
was only required to apply either for a special use permit or a commercial
use permit.  Sentencing has been set for December 17th.  For further
information regarding this case please contact Eric Inman, park law
enforcement specialist.  [Terry Baldino, DEVA]

MEMORANDA

No entries.

EXCHANGE

No entries.

MEETINGS, CONFERENCES AND EVENTS CALENDAR

Two calendars alternate in the Morning Report on Mondays - this one, which
contains meetings, conferences and events, and a second, which contains
workshops and training courses.  If you know of a conference, meeting,
workshop or training session with Servicewide interest and implications,
please send the information along.  Entries are listed no earlier than FOUR
months before the event, EXCEPT in instances in which registration dates
close much earlier.  Asterisks indicate new entries; brackets at end of entry
indicate source of information.  Brevity is appreciated.

12/13-18 -- Entomological Society of America Annual Meeting, Nashville, TN. 
Contact: ESA, 301-731-4535 or PUBINFO@entsoc.org.  [Steve
Cinnamon, MWRO]

1/28-31 -- First International Trails and Greenways Conference, San Diego,
CA.  Contact: Rails-to-Trails Conservancy, 202-797-5400.  [Sheila
Lee, NCRC, WASO]

1/29-31 -- Meeting, Native American Graves Protection and Repatriation
Review Committee, Embassy Row Hilton Hotel, Washington, DC.  The
agenda will include federal compliance with the statute,
disposition of culturally unidentifiable human remains, and the
status of national implementation.  Contact: Francis McManamon,
202-343-8161, WASO.  [Francis McManamon, WASO]

2/4-7 -- First Annual Ecotourism in Alaska Conference, Anchorage, AK. 
Contact: Eco98 Program Committee, 907-463-3038, or at www.
alaska.net/~awrta/Eco98con.html.  [Sheila Lee, NCRC, WASO]

2/6-8 -- Southeast Regional Conference, Association for Living Historical
Farms and Agricultural Museums, Huntsville, AL.  Contact: Frances
Davey, Conference Co-Chair, Burritt Museum and Park, 3101 Burritt
Dr., Huntsville, AL 35801.  [Diane Vogt O'Connor, DCA/WASO]

2/9-12 -- "Optimizing Security with Minimum Resources," National Conference
on Cultural Property Protection, Arlington, VA.  $425. 
Proceedings will be available for $25 at the end of February. 
Contact: Smithsonian Institution, Office of Protection Services,
202-357-3062.  [Diane Vogt O'Connor, DCA/WASO]

2/10-12* -- Tenth Annual Conservation Law Enforcement Conference, Prescott,
AZ.  This year's topics include ARPA, urban parks, antler
poaching, Internet crime, basic GPS workshop, and a session by
Gordon Graham entitled "Why Things Go Right; Why Things Go
Wrong."  A competition pistol shoot will be held on the afternoon
of February 10th.  The annual conference is attended by over 225
conservation law enforcement officers from local, state and
federal agencies.  Contact: Dwayne Collier at NP-SOAR.  [Dwayne
Collier, SOAR]

2/26-3/1 -- 1998 Mid-Winter Meeting, Southern Division, American Fisheries
Society, Lexington, KY.  The meeting will bring together fishery
and aquatic professionals from the southern region of the United
States to discuss various aspects of aquatic management, both
fresh and salt water.  Contact: Kentucky Chapter, AFS,
http://www.kfwis.state.ky.us/afs/kyafs.htm.  [Sue Jennings, SACN]

3/15-19* -- 1998 Biennial Convention, Conference of National Park Service
Cooperating Associations.  NPS employees who are involved with
cooperating association operations will benefit from this
conference.  Contact: Glenn Clark, 202-565-1058; for registration
packets, CNPCA at 410-647-9001, 410-647-9003 (fax).  [Joyce Howe,
STMA]


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

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