Smoky Mountain Officials: bear spray is legal

Smoky Mountain Officials: bear spray is legal

Wednesday, August 5, 2009

5 comments

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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Official clarification of bear spray in the Smokies

Official clarification of bear spray in the Smokies

Thursday, May 7, 2009

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A few weeks ago you may recall the raging debate in several blogs and forums concerning whether or not the use of bear spray in Great Smoky Mountains National Park was legal or not.

The law, as written, makes bear spray illegal in all national parks outside of Alaska. However, as a result of a legal instrument called the 'Superintendent's Compendium', many parks out west allow the use of bear spray. Because of this legal instrument, a great deal of confusion was created with regards to the legality of bear spray in all parks.

Just yesterday, Chris Hibbard at Your Smokies, finally received official clarification of the law in Great Smoky Mountains National Park:

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.

Thanks to Chris for staying on top of this.


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

Smoky Mountain Day Hikers Store Quality gear and apparel from some of the best outdoor brands.

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Further clarification of bear spray laws in national parks

Further clarification of bear spray laws in national parks

Tuesday, April 21, 2009

9 comments

Yesterday I posted an article about bear spray being illegal in the Great Smoky Mountains and in other national parks. This information came to light after Chris Hibbard over at Your Smokies brought attention to the law after a discussion he had with one of the Supervisory Wildlife Biologists in GSMNP.

A great deal of confusion was generated about the law because it is a known fact, or it is accepted, that bear spray is legal in some of the western national parks. In fact, several national parks even go so far as to recommend carrying the spray when hiking. The source of the confusion came from the fact that there was no mention of inclusions or exclusions in the language of the law.

Last night, Kurt Repanshek from the National Parks Traveler blog provided some additional clarification to the law after a discussion he had with park officials from Grand Tetons National Park. Kurt quotes Jackie Skaggs, spokeswoman for GTNP, from his discussion:

"Superintendent's commonly further define and/or clarify park-specific rules and regulations that are applicable to their park unit through a legal instrument called the 'Superintendent's Compendium.' The Superintendent's Compendium is the legal document that Grand Teton NP uses to address and define the appropriate possession, and use, of bear pepper spray."

To see the full report on National Parks Traveler and more quotes from Ms. Skaggs on this subject, please click here.

The information that Kurt has provided indeed explains why bear spray is legal in some national parks, but not in the Great Smoky Mountains. The only question that remains is why hasn't the Superintendent for the Smoky Mountains used this compendium to override the ban in the Smokies? Given the fact that there are now more than two bears per square mile within the Park's boundaries, in addition to the rash of aggressive bear activity last year, you would think that Park officials would allow the use of bear spray so that individuals would have some form of protection, if they feel the need.


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

Smoky Mountain Day Hikers Store Quality gear and apparel from some of the best outdoor brands.

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Is bear spray illegal in national parks?

Is bear spray illegal in national parks?

Monday, April 20, 2009

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According to Chris Hibbard over at Your Smokies, the answer to that question is an emphatic yes. Chris recently learned of this law from one of the Supervisory Wildlife Biologists with Great Smoky Mountains National Park.

The law reads as follows:

(a)(1) Except as otherwise provided in this section and parts 7 (special regulations) and 13 (Alaska regulations), the following are prohibited:

(i) Possessing a weapon, trap or net
(ii) Carrying a weapon, trap or net
(iii) Using a weapon, trap or net

Sec. 1.4 What terms do I need to know?

Weapon means a firearm, compressed gas or spring-powered pistol or rifle, bow and arrow, crossbow, blowgun, speargun, hand-thrown spear, slingshot, irritant gas device, explosive device, or any other implement designed to discharge missiles, and includes a weapon the possession of which is prohibited under the laws of the State in which the park area or portion thereof is located.

A great deal of confusion has been generated about this recent revelation. The source of the confusion stems from the common perception that bear spray is legal in other national parks out west. In fact, several national parks even go so far as to recommend carrying the spray when hiking. As you’ll see in the comments section of Chris’s blog, I pointed out that it didn’t make sense that some parks would allow bear spray, and yet it would be illegal in the Smokies, especially since there was no mention of inclusions or exclusions in the language of the law.

A posting by Kurt Repanshek on the National Parks Traveler blog this morning brings a little more clarity to the situation. Here is the key statement:

Park Service officials in Washington tell the Traveler that the regulations do indeed seem to prohibit bear spray in many national parks. And they point out that while there is language that specifically allows the use of bear spray in Alaskan parks elsewhere in the Code of Federal Regulations, "(T)here is not a provision for it in the Lower 48 for some reason."

Number 1, Kurt’s contact in Washington D.C. seems to indicate that all national parks are covered equally by the same law. In other words, there is no distinction between the Smokies versus the national parks in the west. This confirms my interpretation of the law.

However, Kurt’s use of the word “seem” sounds to me like his contact in Washington isn’t 100% sure of the exact interpretation of this law at this point.

If you use bear spray in the Smokies, or any other national park, it would behoove you to stay tuned for clarification of this law. As soon as I have something more concrete about the exact interpretation, I’ll post it here.


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

Smoky Mountain Day Hikers Store Quality gear and apparel from some of the best outdoor brands.

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