Forest Service’s Wilderness Helicopter Plan Allowed

Boise—A court ruling today allows limited helicopter landings in the wilderness of Idaho. Landings may begin next week.

While U.S. District Court Judge Lynn Winmill recognized the unique values of wilderness, his ruling allows the U.S. Forest Service to grant a limited permit for up to 20 helicopter landings in the Frank Church-River of No Return Wilderness.

“We still believe that other methods of monitoring wildlife are more consistent with protecting the silence and solitude of the wilderness,” said John Robison, public lands director for the Idaho Conservation League. “While the judge determined helicopter use represents 'a very rare circumstance here,' it is in the public’s interest to scrutinize all controversial projects proposed in Idaho’s pristine areas. We are glad that a limit will be set on future intrusions into Idaho’s wilderness.”

“We disagree with the judge’s finding but we are encouraged that it was determined to be a 'rare circumstance' where it could be permitted and no similar exception will likely be granted in the future,” said Craig Gehrke, regional director for The Wilderness Society. “These special areas must be managed to protect the wild character, which is why Congress declared these land forever wilderness, and the judge found this proposal is at the edge of the rare exceptions to allow intrusions."

The Idaho Department of Fish and Game requested a special permit from the Forest Service to use helicopters to land, capture and radio-collar wolves in the Frank Church Wilderness. Seven conservation groups sought an injunction to stop the project and presented arguments at a hearing Thursday before Judge Winmill in U.S. District Court in Boise.

In allowing the Forest Service and Idaho Department of Fish and Game to proceed, Winmill found, “The Forest Service must proceed very cautiously here because the law is not on their side if they intend to proceed with further helicopter projects in the Frank Church Wilderness. The Court is free to examine the cumulative impacts of the projects, and the context of the use. Given that this project is allowed to proceed, the next project will be extraordinarily difficult to justify,” wrote Winmill in his ruling.

“In order to do something that is prohibited under the Wilderness Act, to meet the narrow exceptions allowed by the act, you have to prove there is a necessity to do it to preserve wilderness character,” Laurie Rule, attorney for the plaintiffs from Advocates for the West, said at the Thursday hearing. While the Forest Service did not define how its intention to land helicopters, which is prohibited in wilderness except under narrow exemptions, was necessary to preserve wilderness character, according to conservationists, the judge allowed the project to proceed under a limited action for a research study.

“Many people are very concerned the helicopter landings could lead to more intrusions into the quiet of the wilderness,” said Mark Menlove, executive director of Winter Wildlands Alliance. “Small groups of people with extensive experience in the wilderness are going into the Frank in February and March, totaling more than 25 people, to monitor wolves and wildlife, by skiing, snowshoeing, hiking, and rafting, which we believe is the way to do it in the wilderness.” No interference with the Fish and Game capture project is planned or intended by the wilderness wolf watchers.

The plan is wildly unpopular with the public: According to the Forest Service, 95% of those who commented on this proposal opposed it.

In December 2009, the Forest Service approved the use by Fish and Game of helicopters to capture and radio-collar wolves in the 2.3-million-acre wilderness area. In 2006, the Forest Service rejected the same request, stating that an environmental assessment or environmental impact statement would be needed. This time, however, the Forest Service approved the action using a “categorical exclusion,” which does not require full environmental review. The judge found it met the narrow exemption standard, which will not likely be granted again.

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