[pct-l] Bear Safety Devices BSDs

[Daniel Cohen]

Matt,

 

I think the use of the phrase, "or shall be stored as otherwise designated."
Is the authority that allow the service to designate something other than
and actually allow the specification of a spec with products that meet that
spec.  I too am not a lawyer but they really just don't make this stuff up.
 
Dofdear aka Thumper
 
 
[pct-l] Bear Safety Devices BSDs (was "Using the Ursack without
thealuminum")
 

giniajim jplynch
<mailto:pct-l%40backcountry.net?Subject=%5Bpct-l%5D%20Bear%20Safety%20Device
s%20BSDs%20%28was%20%22Using%20the%20Ursack%20without%0A%09thealuminum%22%29
&In-Reply-To=COL109-DS1114DB514B691F69B9DF3EE080%40phx.gbl>  at
crosslink.net 
Thu Apr 22 20:49:29 CDT 2010 

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  _____  

"... or shall be stored as otherwise directed."   There ya go. :)
  ----- Original Message ----- 
  From: Matt Thyer 
  To: 'PCT MailingList' 
  Sent: Thursday, April 22, 2010 5:46 PM
  Subject: [pct-l] Bear Safety Devices BSDs (was "Using the Ursack without
thealuminum")
 
 
  I just found the following CFR (Title 36 2.10), which, while it makes
  reference to a method of storing food in the backcountry, it does not
create
  a list of approved, commercially available storage devices.  Nor does it
  compel such a list.  In fact, per the regulation, as long as your food and
  garbage are "suspended at least 10 feet above the ground and 4 feet
  horizontally from a post, tree trunk, or other object" while you're
camping
  you're good to go.
 
   
 
  "(d) Food storage. The superintendent may designate all or a portion of a
  park area where food, lawfully taken fish or wildlife, garbage, and
  equipment used to cook or store food must be kept sealed in a vehicle, or
in
  a camping unit that is constructed of solid, non-pliable material, or
  suspended at least 10 feet above the ground and 4 feet horizontally from a
  post, tree trunk, or other object, or shall be stored as otherwise
  designated. Violation of this restriction is prohibited. This restriction
  does not apply to food that is being transported, consumed, or prepared
for
  consumption."
 
   
 
  (http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr
  <http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr
<http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=e3de3382e8d7bf30cb
> &sid=e3de3382e8d7bf30cb
  ce7d69346d65d7&rgn=div8&view=text&node=36:1.0.1.1.2.0.1.6&idno=36>
 
&sid=e3de3382e8d7bf30cbce7d69346d65d7&rgn=div8&view=text&node=36:1.0.1.1.2.0
  .1.6&idno=36) 
 
   
 
  Any exceptions to the above for specific areas such as Yosemite should be
  called out in Title 36 7.x, but I find no mention of containers or bears
in
  this part of the CRF.  I'm actually starting to wonder what's happened, at
  least within the NPS, that they've decided to endorse one set of products
  over another.  Perhaps I'm missing something in the CFR, but I don't see a
  legal requirement for these lists nor is there a compelling jurisdictional
  case made to limit food containers.
 
   
 
  Maybe later I'll start looking for a compelling CFR that the NF might use
to
  justify a list?  Not a lawyer (engineer actually who worked many years as
a
  backcountry guard), but from what I can tell from the regulation, those
  "approved containers" lists are not legally enforceable.  
 
   
 
  2 cents .
 
   
 
  Matt
 
  http://bigear.wordpress.com/