Smoky Mountain Officials: bear spray is legal

Smoky Mountain Officials: bear spray is legal

Wednesday, August 5, 2009

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You may recall the raging debate this past spring over whether or not bear spray is legal in the Great Smoky Mountains or not. The debate was the result of confusion from the way the law was written, and the fact that there is a legal instument called a 'Superintendent's Compendium', which allows park managers to make local adjustments to certain laws pertaining to national parks.

Back in early May, Chris Hibbard at Your Smokies, was told in writing by Great Smoky Mountains National Park officials that "there is no legal form of bear spray allowed in the Great Smoky Mountains national park and like any other weapon, trap or net, it is illegal to carry, possess or use in the Great Smoky Mountains national park".

At that time, this official statement seemed to put an end to the debate once and for all.

However, in recent days, GSMNP officials have reversed that statement. Bear spray is now legal in the Smokies. Here's the updated statement on the Smokies website:

"Bear pepper spray may be carried by hikers within Great Smoky Mountains National Park for the strict purpose of protection against bodily harm from aggressive wildlife. It should not be applied to people, tents, packs, other equipment or surrounding area as a repellent. Bear pepper spray is a chemical formula designed specifically to deter aggressive or attacking bears. It must be commercially manufactured and labeled as “Bear Pepper Spray" and be registered with the Environmental Protection Agency and individual states. Bear spray must contain between 1% to 2% of the active ingredients capsaicin and related capsaicinoids."


Furthermore, according to a posting in the Backpacker Forums, this memo went out to all GSMNP employees last week:


To: GRSM All Employees @ NPS
From: Bill Wright/GRSM/NPS
Date: 07/31/2009 09:42AM
Subject: Use of Bear Spray

I want to clarify new procedures for the use of Bear Pepper Spray. We have previously considered Bear Spray to be a weapon as defined by 36 CFR 1.4, a gas irritant device. Recent conversations with the Washington Office have gotten them to develop an opinion of the language of the regulation.

Homeland Security does not consider Bear Pepper Spray to be a weapon for purposes of travel across the international boundary. It is considered a pesticide or a repellant. As long as the the product is used in accordance with the manufacters recommendations, it would not be considered a weapon. There fore we have incorporated new guidlines into our compendium.

SECTION 1.4 DEFINITIONS

Bear Pepper Spray – Also known as bear deterrent, bear repellent or bear spray . Bear pepper spray is a chemical formula designed specifically to deter aggressive or attacking bears. It must be registered with the Environmental Protection Agency and individual states. It must be commercially manufactured and labeled as “Bear Pepper Spray”. Bear spray must contain between 1% to 2% of the active ingredients capsaicin and related capsaicinoids.

SECTION 1.5 CLOSURES AND PUBLIC USE LIMITS

Bear Pepper Spray:

Bear pepper spray may be carried by individuals within Great Smoky Mountains National Park for the strict purpose of protecting one’s self or others from bodily harm against aggressive wildlife. It should not be applied to people, tents, packs, other equipment or surrounding area as a repellent.


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Jeff
HikingintheSmokys.com

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Are bear encounters on the rise in the Smokies?

Are bear encounters on the rise in the Smokies?

Monday, September 8, 2008

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Have you noticed the rash of encounters and aggressive bear activity over the last several weeks in the Smoky Mountains?

First there was the much publicized attack on the eight-year-old Florida boy back on August 11. If you remember, his dad was forced to fight the bear off twice before the bear relented.

Just four days later, Appalachian Trail ridge runner Jim Mowbray was bluff-charged by an adult female at the Russell Field Shelter.

That same night, a bear spent the night tearing a hole in the metal roof of the Mount Collins trail shelter and terrorizing the ten backpackers inside. The bear tried to peel the metal roof back like a tin can, continuing even as the occupants jabbed it with their hiking sticks.

The park service was forced to close both shelters.

There are stories of other encounters from the blogosphere. Smoky Scout has a report on her blog about an encounter she had with a mother and two cubs on the Sugerland Mountain Trail. Chris over at Your Smokies has had two recent encounters. Around the same time as the attack on the Florida boy, he was stalked by a bear on the Lead Cove Trail. Then just last week, he saw several bears on the Cold Spring and Hazel Creek Trails.

If you haven’t seen the National Park web site recently, there’s a laundry list of trails and campsites that have bear activity warnings. They include: Gabes Mountain Trail, Laurel Falls Trail, Little River Trail, Rabbit Creek Trail, Ramsey Cascades Trail, and the West Prong Trail. In addition to these trails, the Icewater Spring Shelter, the Tricorner Knob Shelter and backcountry campsites 5, 6, 12, 16, 18, 31, 50, 52 and 113 all have warnings as well.

Backcountry campsites 10, 15, 24, 26, 29, 53, 113, and, as mentioned above, the Mount Collins and Russell Field Shelters are all closed due to aggressive bear activity.

So what does this all mean for you?

The first thing you should do is learn and understand bear behavior. As much as possible, you should try to avoid bear encounters. Finally, and most importantly, know what to do if you come across a bear while hiking. A good place to begin learning about bear behavior and knowing what to do if you see one on the trail is by checking out the black bear page on the National Park website. There’s also a pretty good video (although somewhat comical) on the Backpacker Magazine website that shows how to handle bear encounters on the trail.

Black bear populations are on the rise in the park. This can only mean that human-bear encounters will also increase. Be prepared. Do what you can to avoid encounters and know what to do if you do meet a bear on the trail. If it makes you feel at ease, carry bear deterrent spray with you. But again, know how and when to use it.


Jeff
HikingintheSmokys.com Detailed information on trails in the Smoky Mountains; includes trail descriptions, key features, pictures, video, maps, elevation profiles, news, hiking gear store, and more.

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