BASE Jumping is NOT a Crime . . .

[NickD 1]

"BASE Jumping is NOT a Crime . . ."

You can climb, you can hang glide, you can fish and you can hunt, but you can’t make a parachute jump in a National Park. This NPS policy goes back to the early 1980s and is as ridiculous now as it was then.

The National Park Service Morning Report http://data2.itc.nps.gov/morningreport/ has a new search feature installed and is capable of searching back to the early 1990s.

The following entries below are just a few of the incidents concerning BASE jumping activities on NPS land. (None of the incidents from 1978 to 1990 are represented). As the NPS Morning Report is a public website funded by (us) taxpayers I am presenting the below as it originally appears. I thought about omitting the various jumper names but these are already a matter of public record . . .

BASE jumping on NPS land despite being illegal all this time had produced a very good safety record considering the thousands of jumps that have been made. There is no valid reason to prohibit BASE jumping in National Parks. All the issues raised by Park Service officials can be addressed and managed. Their policy has not and never will stop BASE jumpers from practicing the sport in National Parks. So we have many otherwise law abiding jumpers saddled with criminal records, thousands of dollars in confiscated gear and fines, and worse, causes some jumpers to concentrated on not getting caught when their full attention should be on the jumping itself.

The original law making aerial delivery within a National Park a crime is originally written and implemented to keep back country hunters from re-supplying themselves via parachute many years before the first BASE jump is made on NPS land.

After you read the below, and if you agree with the above, write to your elected representatives and voice your opinion.

Nick
BASE 194

Arches NP (Utah) BASE Jumping:
Ranger Kyle Nelson overheard BLM radio traffic about two parachutists jumping from a cliff located within Arches NP and along the Colorado River on November 11th. The BASE jumpers landed in a clearing in a campground being developed by BLM. Nelson asked that the BLM employees witnessing the incident detain the jumpers, which they did; rangers Nelson and Jim Webster arrived shortly thereafter. Investigation and interviews with the two jumpers Brian Choppin, 29, of Long Beach, California, and Dr. Michael Chesnut, 33, an emergency room physician from Lexington, Kentucky revealed that they had jumped from a high cliff facing the Colorado River called Arches Point. Both claimed that they did not know that the take off point was located within a national park. Their equipment was immediately seized and citations were issued two days later for air delivery (defined in CFR as "delivering or retrieving a person or object by parachute, helicopter, or other airborne means..."). Both paid their fines on December 12th and had their equipment returned to them on January 3rd. This is the first time that BASE jumping activity has been confirmed at Arches NP, although several reports have been taken in that area over the past three years. BASE jumping is occurring more frequently in the Moab area, and was broadly publicized by an organized event on BLM lands last spring, with at least one more event scheduled for later this year.

Glacier NP (MT) Follow up on BASE Jumping Rescue:
James Kauffman, a parachutist who illegally jumped off the summit of Mt. Siyeh last September 24th, has pled guilty to federal charges filed against him. Kauffman experienced problems immediately after jumping and flew into the rock face of a sheer 3,000foot cliff. His parachute got snagged on rocks and he ended up dangling beneath it at a point about 400 feet below the summit. He hung there for several hours until rangers were able to rescue him. Following the conviction, the federal magistrate placed Kauffman on two years' probation and ordered him to pay nearly $9,000 to cover the costs associated with his rescue. The conditions of Kauffman's probation require that he not violate any state, federal or local law; that he sell his parachute and apply the proceeds to the cost of his rescue; and that he stay out of the park during the period of his probation.

New River Gorge NR (WV) – Follow-up: Illegal BASE Jumping:
On the afternoon of December 9, 2000, visitors in the Fayette Station area of the park called 911 via cellular phone and reported that several parachutists had just jumped off of the New River Gorge Bridge and landed on park property below. The visitors took photos of two of the parachutist in mid-air, then called 911 again with vehicle descriptions when the jumpers drove off. Rangers and officers from several other law enforcement agencies responded and stopped both vehicles. Four men – Jack Kirk of Landsdowne, Pennsylvania, Richard Whitney of Alexandria, Virginia, Donald Mathis of Louisville, Kentucky, and Dwayne Bradshaw also of Louisville – were issued mandatory appearance violation notices for illegal aerial delivery. On April 6th, all four pled guilty in magistrate’s court. Each was fined $600.

New River Gorge NR (WV) – BASE Jumping Injury:
Shannon Murphy, 33, of Wadsworth, Ohio, parachuted from the New River Gorge Bridge at 1:40 a.m. on April 7th. It was dark and overcast at the time of the jump and very foggy within the gorge. Murphy was evidently unable to see his landing zone and landed in treetops below and upstream from the bridge. He then released himself from his parachute harness and fell 40 feet, landing on the rocky ground below. Two companions – John Maggio, 37, and Andrew Pulton, 20, also from Ohio – called 911 for assistance. Rescuers found him about 45 minutes later. He was semi-conscious and had a fractured arm and extensive head trauma. A multi-agency team comprised of rangers, county police, and fire and EMS personnel stabilized Murphy and transported him up the steep slope to a waiting ambulance. He was taken to a hospital, then transferred to a trauma center in Charleston, West Virginia, where he is listed in critical condition. Alcohol may have been a contributing factor. Murphy will be charged with illegal aerial delivery; Maggio has been charged with aiding and abetting. An investigation is underway.

Yosemite (California) Rescue; Illegal BASE Jumping:
At about 6:45 a.m. on April 23rd, rangers Russell Marsh and Cameron Jacobi responded to cries for help from the east face of El Capitan and found two uninjured climbers beckoning for help for a person who was apparently at the base of the cliff near the start of The Nose route. Jacobi was able to find the victim, 28yearold Chris Hartfield of Colin, California, and provide him with medical assistance for a severe head laceration and multiple fractures. During his evaluation of Hartfield, Jacobi determined that he was probably a BASE jumper, though no parachute was found in the area to confirm this. Hartfield was transported to El Capitan Meadow by a carryout team, then transported by helicopter to Modesto. Hartfield later told Marsh that he had experienced some type of parachute failure after jumping off El Capitan. The park prosecutor is reviewing the possibility of filing criminal charges against Hartfield.

Yosemite NP (CA) BASE Jump; Search:
At first light on June 9th, a man jumped from El Capitan and parachuted to the floor of Yosemite Valley, landing in El Capitan Meadow. Rangers John Stobinski and Tom Schwartz saw the jump. As the jumper was disconnecting his harness, they identified themselves and ordered him to stop. He looked at the rangers, smiled and fled. The rangers gave chase for approximately 500 yards until the jumper entered the Merced River, swollen by spring run off. He was swept downstream and was not seen again by the rangers. A search of a two mile stretch of the Class 3 Merced River was conducted utilizing the park's contract helicopter and ten swift water trained rescuers. The jumper was not located, and it's not certain if he got out of the river. Evidence indicates that he was an experienced and professional BASE jumper named Frank Gambalie. Gambalie is reported by close friends as reliable and punctual; he was expected home in Lake Tahoe on the evening of June 9th and had a job appointment the following morning. He didn't make either of these appointments, and, as far as investigators have been able to determine, has not called any friends or relatives. The search continued on June 10th. Gambalie's vehicle was found parked near a trailhead that leads to the top of El Capitan. No further sign of him has yet been found.

New River Gorge NR (WV) BASE Jumping Arrest:
Three parachutists jumped from the New River Gorge Bridge and landed on park land in two separate incidents on June 19th and 21st. On the 19th, rangers found a van parked on the dirt road below the bridge and set up surveillance. Several minutes later, they saw two men Justin McClellan of Hamilton, Ohio, and Edward Trick of Maineville, Ohio hike up a trail carrying parachutes with them. McClellan claimed that this was his first jump from the bridge and that he was new to BASE jumping and didn't log his jumps. Trick said that he has approximately 265 base jumps, is involved with a BASE jumping team, and would be helping organize Bridge Day in 1999. Trick has been jumping legally on Bridge Day for six years, but has twice been arrested by rangers for illegal jumps from the bridge. On the evening of the 21st, another ranger saw a parachutist jump from the catwalk of the bridge and land in the area below. A jeep was parked not far away. The driver was contacted and told the ranger that it belonged to her boyfriend, Steve Poehls, 25, of Keystone, Colorado. Moments later, the ranger heard the sounds of rustling nylon just below the road, then saw Poehls emerge from the bushes. Poehls' parachute was found about 20 feet away. Both eventually admitted to their part in the evening's entertainment. Poehls also said that he'd been caught by Fayette County deputies while standing on the bridge with a parachute in his possession in 1997. All four persons were cited for aerial delivery violations and the three parachutes were seized as evidence.

OPERATIONAL NOTES:
BASE Jumping Regulations Ruling – The Ninth Circuit has upheld several important regulations that are employed against BASE jumpers who illegally jump from heights within NPS areas. The court agreed with the Tenth Circuit in holding that the rectangular shaped ram-air aeroplastic wings employed by BASE jumpers are "parachutes," in spite of the sophistication of the device and its ability to operate like a hang glider. The defendant BASE jumpers had argued that the device qualified as powerless flight and accordingly could not be prohibited by 36 C.F.R. section 2.17(a)(3). The court also agreed with the Tenth Circuit that the term "delivery" used in section 2.17(a)(3) includes self-delivery, or "moving oneself from one area to another," which would apply to a single individual who BASE jumps. The court also noted that the NPS has authority to enforce these regulations. Although the Federal Aviation Administration has jurisdiction to "develop plans and policy for the use of the navigable airspace and assign by regulation or order the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace," the FAA does not have exclusive jurisdiction in NPS areas and nothing precludes the NPS from regulating landings within NPS areas. Most important, the court also affirmed the conviction of a defendant for disorderly conduct under section 2.34(a)(4) for recklessly creating a risk of harm to himself, other BASE jumpers and to members of the public by "creating or maintaining a hazardous or physically offensive condition." "The safety threat implicated in BASE jumping is most often the potential harm to the jumper due to the fatalities and injuries characterizing the extreme sport. We do not, however, discount the safety risks in BASE jumping to members of the public, particularly in areas where people are likely to congregate. . . We therefore affirm the district court's determination that BASE jumping can create a risk of harm to the public and defer to the courts' evidentiary findings." United States v. Albers, No. 99-10071 (9th Cir. 7/17/00). See also earlier appellate case relating to seizures by rangers on houseboat in United States v. Albers, 136 F.3d 670 (9th Cir. 1998). For more information on this case or other court decisions, contact NPS legal instructor Don Usher at FLETC via cc:Mail at NP-WASO.

Yosemite NP (CA) BASE Jumping Conviction:
On August 13th, a U.S. magistrate convicted John Eagle of parachuting in the park. Under the terms of a plea agreement, Eagle admitted to BASE jumping from El Capitan on June 18th. He will make a $1,500 contribution to the Yosemite Mountain Safety Fund in lieu of a fine, and will permanently forfeit his BASE jumping parachute rig, worth about $800. The fund is managed by the Yosemite Association and is used to buy rescue and EMS equipment and supplies and to fund associated training.

New River Gorge NR (WV) Base Jumping, Injury:
Two parachutists Thomas Ouellette, 25, and Matthew Byrd, 24 jumped from the New River Gorge bridge around 8 p.m. on August 11th. Ouellette landed on the railroad tracks below the bridge and suffered a mild sprained ankle, but Byrd's parachute malfunctioned and he landed in the trees, fracturing a vertebra in his back and seriously injuring his knee. The park received a report of a critically injured parachutist around 9:30 p.m. Rangers and fire department volunteers searched the area for over an hour, but could not find him. Around 11 p.m., a local hospital advised that they had a patient who'd just been brought in with injuries received in a fall near New River. Rangers interviewed Byrd at the hospital and he admitted to jumping from the bridge. They also contacted Ouellette at the scene when he returned to recover Byrd's parachute. Ouellette also admitted to jumping from the bridge. Ouellette, Byrd and Brian Wheatley, who drove their vehicle, were charged with illegal air delivery. Byrd was transferred to a hospital in North Carolina on August 12th. He was still in serious condition at the time of the report.

Black Canyon (Colorado) Arrest; Illegal Jumping:
On September 11th, ranger Amy Bergonzi was assisting with an end of season trash cleanup in the canyon, which was being done with the aid of a helicopter, when she saw a man parachute from the Painted Wall. The man, later identified as Jeffrey Rohrbacker, 32, of Portland, Oregon, apparently did not see the helicopter prior to his jump, and was surprised when it arrived at his location minutes after he landed. Rohrbacker was cited for failure to obtain an inner canyon permit and unauthorized air delivery (the regulation which deals with illegal parachuting). His chute, helmet, and helmet mounted video camera were seized as evidence.

Glen Canyon (Utah/Arizona) Falling Fatality:
On the afternoon of September 15th, rangers received a cellular phone request for medical assistance for a person with life threatening injuries who'd fallen from a cliff near the mouth of the Escalante arm of Lake Powell. Upon arrival, they found that Paul Thompson, 51, of Dixon, California, had already expired. Thompson was part of a group of seven BASE jumpers who'd made several parachute jumps from the cliff face just south of the Escalante confluence. Witnesses said that his chute deployed upon jumping, but that Thompson got twisted around and struck the cliff face several times because of the parachute's pendulum effect. The chute then collapsed and Thompson fell a significant distance, struck a rock, and landed in the water. Companions in a recovery boat witnessed the event and picked him up almost immediately. They said that they'd performed CPR, but that they were unsuccessful due to severe face, chest, and pelvic trauma. BASE jumping has not been a problem for Glen Canyon in past years.

Yosemite (California) Fatal BASE Jump:
Early on the morning of September 25th, Keith Jones called park dispatch and reported that he'd recently witnessed a BASE jumping accident at El Capitan. Jones said that he feared that the accident involved a person he'd dropped off at the Yosemite Falls trailhead the previous day. Jones claimed he didn't know the person's name, but that he knew she was planning to BASE jump off El Capitan on the morning of the 25th. He also said that he'd seen three parachutes deployed near the face of El Capitan that morning, but that he'd also seen what appeared to be a human body free fall all the way to the top of the tree line at the base of El Capitan. He'd lost sight of it, but thought he'd heard it strike the rocks there. Investigating rangers found severely traumatized human remains below the New Dawn Wall route on El Capitan with two parachutes tangled in the trees above. The victim had not been positively identified at the time of the report. Investigators subsequently determined that Jones was a principal participant in the jump; he was arrested and placed in custody on charges of illegal air delivery and conspiracy. Jones continues to deny any knowledge of the victim's identity, and claims to have no information of or connection with the three successful jumpers.

New River Gorge NR (WV) Special Event:
The annual "Bridge Day" event was held on and in the area of the New River Gorge bridge on October 18th. During this one day event, the northbound lanes of the bridge are closed to traffic so that visitors can walk onto it to view fall colors and BASE jumpers can parachute from the 876foot bridge to a landing area below on the New River. A special use permit is issued to a parachuting organization to allow jumpers to land on park property. The weather was nearly perfect for the event overcast, cool, and with very little wind. This year, 320 registered parachutists made a total of about 720 jumps from the bridge, including an approved, choreographed eleven person jump which went perfectly and set a world record. There were over 50 water landings in which chutists were rescued by watercraft, none of them resulting in injuries. One jumper landed in the trees when his parachute malfunctioned and suffered a fractured lower leg. Only a dozen people were treated on site for injuries, and these were limited to a scrapes, bruises, sprains and strains. There were six transports to a local hospital by ambulance for follow up treatment. Another group of about 200 people from several organizations rappelled from the bridge on seven rappel lines. The longest rappel was about 800 feet. There were no accidents or other problems with this group. During the event, rangers also responded to a commercial rafting accident eight miles upriver from the event in which a visitor suffered a fractured femur. First aid was administered and the victim was evacuated about a mile overland to an ambulance. The Bridge Day event was managed under a unified incident command system; participating were the park and several state, county and local agencies.

New River Gorge NR (West Virginia) Special Event: Bridge Day:
Bridge Day, the annual event in which one lane of the New River Gorge Bridge is closed to all but foot traffic, was held on October 19th. Although many visitors come to walk the bridge and view fall colors, the main attraction is the BASE (Buildings, Antennas, Spans, Earth) jumping that occurs from the 876 foot high bridge to the landing area below. On this one day of the year, the park issues a permit to the World BASE Association to allow parachute landings on park property. This year, the weather for the event was less than favorable cold temperatures, some minor rain showers, and winds from 15 to 25 mph. The winds were also erratic, making it very difficult to steer parachutes and assuring an interesting day for rescue teams. This year, 379 registered parachutists made a total of 383 jumps from the bridge. There were 81 water landings requiring rescue by watercraft, but none of the jumpers was injured. Five jumpers landed in trees, and the park's SAR team performed technical rescues to retrieve two of them. One received a severe rectal laceration which required surgery. Although a total of 25 injuries were treated, most were minor scrapes, bruises, sprains and strains. There were nine ambulance transports, including a head injury suffered by a visitor on a commercial raft tour who was hit in the head by a parachutist landing in the raft. A group of about 200 people from several organizations also rappelled from the bridge on ten rappel lines, the longest of which was about 800 feet. There were no problems associated with this group. Senator Rockefeller, ten gubernatorial candidates, and several other governmental candidates from all parties attended the event to solicit support for their campaigns, adding another dimension to incident management. The event was managed under a unified incident command involving the park and several state, county and local agencies.

Yosemite NP (California) BASE Jumping Fatality:
Jeff Christman, 42, of Phoenix was killed early on the morning of October 22nd while BASE jumping off El Capitan. BASE jumping is illegal in the park. Christman was one of several jumpers on El Capitan that day; six others were arrested. BASE jumping was permitted in the park on a trial basis in 1980, but was discontinued due to the high number of injuries, illegal jumps, resource damages, and problems with spectator and visitor management.

Yosemite NP (CA) Demonstration; BASE Jumping Fatality:
On Friday, October 22nd, Jan Davis, 60, died while attempting a BASE jump from El Capitan in Yosemite Valley. Davis' jump was part of an organized act of civil disobedience protesting the NPS air delivery regulations (36 CFR 2.17(a)), which make BASE jumping illegal in national park areas without a permit. The demonstration organizer, Avery Badenhop, who is the NPS permittee for the 300 plus BASE jumpers at Bridge Day at New River Gorge NR, wrote a letter to the superintendent informing him of his intention to hold the demonstration. At a meeting with the chief ranger before the event, Badenhop was informed that the jump was illegal, that those who did it would be charged criminally, and their equipment would be seized. Badenhop would not identify the number of persons who intended to make the illegal jump, but hinted that it might be as many as 50. He also said that there likely would be a large crowd at the landing area in support of the illegal jumpers, and that he intended to attract as much media coverage as he could. With the potential for the demonstration overwhelming the park's resources, a Pacific West SET team (USPP) was called in for the incident. Davis was the fourth of five jumpers who showed up at the top of El Cap to jump. The first three made successful jumps and landed to the cheers of about 150 people, some of who were waving flags and banners in support of BASE jumping in national park areas, and were taken into custody. Davis then launched and free-fell for more than 15 seconds until she hit the talus slope at the base of the cliff. Her body was evacuated by long-line under the park's contract helicopter. Those who witnessed the fall saw no sign of her pilot chute ever being deployed to initiate the opening of her main parachute. Badenhop, who was to be the fifth jumper, opted not to continue and walked off the mountain. At least three TV camera crews and an Associated Press reporter covered the demonstration, and broadcast and print coverage has been intense. Park special agents are investigating the incident; decisions about prosecution will be made following consultation with the U.S. Attorney's Office.

New River Gorge (West Virginia) Special Event:
On Saturday, October 15th, the park hosted Bridge Day, an annual event in which one lane of the bridge is closed off so pedestrians can view fall colors and watch BASE jumpers and rappellers parachute or rappel from the bridge. An estimated 200,000 people attended the event this year. The 430 parachutists who registered for the event made about 560 BASE jumps from the 876 foot high bridge; another 155 persons rappelled or climbed ropes that were up to 650 feet long. A 400 foot tyrolean traverse was set up on one side of the bridge and a Canadian rescue organization led numerous traverses. There were fewer injuries and emergency incidents than in previous years, at least partly due to the beautiful weather and low winds. There were only 60 water landings, one tree landing, and 12 injuries (seven requiring transport to local hospitals for broken bones) associated with BASE jumping activities. Rangers arrested three jumpers on outstanding warrants for BASE jumping off of El Capitan in Yosemite and for failure to appear at court. Arrested were Gordon W. Legg, Jr., Jess Neuger, and John C. Hoover.

New River Gorge NR (WV) – Special Event: Bridge Day:
On Saturday, October 21st, the park participated in the 21st annual Bridge Day celebration. The event was attended by about 150,000 people. During Bridge Day, the northbound lanes of the world’s largest single-span bridge are closed to vehicle traffic and people are allowed to walk out onto the bridge; vendor and exhibitor booths are set up in the highway right-of-way on both sides of the bridge. The highlight of this year’s event was a 15-person BASE parachute jump, which set a new world record. Overall, 300 BASE jumpers completed 770 jumps from the bridge. Rangers joined in several water and land rescues of BASE jumpers. Twelve injuries were reported, but only half required advanced medical treatment and transport. The remainder were treated on scene. Along with these jumps, a total of 243 rappellers completed 497 rappels off the bridge, descending more than 700 feet. Among them was superintendent Pete Hart, who became the first superintendent to rappel from the bridge. The event was managed in cooperation with the Bridge Day Committee and with the assistance of state, county and local agencies.

Yosemite NP (CA) BASE Jumping Arrests:
Rangers and criminal investigators arrested three BASE jumpers as they landed in El Capitan Meadow at first light on October 14th. Investigators had determined that the trio would be jumping from El Cap that morning and had staked out the area. All three were charged with illegal jumping; one was also charged with interfering with an agency function, and a second with possession of marijuana. All three pled guilty. The magistrate fined each of them $500 and ordered them to perform 200 hours of community service on the illegal jumping charge; their parachutes, worth $2,000 each, were permanently forfeited to the government.

Yosemite NP (CA) BASE Jumping Arrests:
Andy West and Edwin Harding were arrested by rangers for illegal BASE jumping as they landed in El Capitan Meadow at 3:45 a.m. on the morning of October 25th. Investigation revealed that West has made close to 100 BASE jumps in the park and has been acting as a guide for jumpers new to Yosemite, but that this was Harding's first such jump. Both pleaded guilty in magistrate's court. West was sentenced to two days' custody, a $2,000 fine, permanent forfeiture of his parachute rig, and placed on two years' court probation. Harding received three days in jail, a $500 fine, forfeited his parachute rig (which he testified was worth nearly $4,000) and was placed on a year's probation.

New River Gorge (West Virginia) Special Event:
Bridge Day was held on October 16th at the New River Gorge Bridge in
Fayetteville, West Virginia. The annual event drew a crowd to the area estimated at over 125,000. The event has international fame for its high adventure activities, including parachuting, bungee jumping and rappelling off the bridge. During the period between 9 a.m. and 3:30 p.m., 458 registered BASE jumpers made a total of 502 parachute jumps from the bridge, approximately 125 rappellers ascended and descended distances from 600 to 800 feet, and a world record bungee jump was made. A total of 102 parachutists landed in the park and required rescue by NPS personnel. There were 13 injuries from BASE jumping accidents, including nine that required transport to and treatment at a local hospital. The bungee jump was made by seven people in a custom made metal basket which plunged about 850 feet into the gorge to a point about 25 feet above the river before springing back. One injury occurred from the jump when the bungee basket did not release properly and trapped one of the participants between one of the bridle ropes and the basket. This person suffered severe rope burns across the chest and shoulder and was taken to a local hospital.

Wednesday, November 7, 2001
INCIDENTS
01-591 – Yosemite NP (CA) – Illegal Air Delivery:
On the afternoon of November 3rd, rangers received a report of a BASE jumper hitting the wall near the East Buttress of El Capitan. The reporting persons said that they had seen a white parachute and a person clad in a red jumpsuit hit the wall four times before disappearing from sight. Rangers investigated and just before nightfall were able to spot a white parachute attached to a red climbing haul bag stuck on a ledge on the cliff about 500 feet above the base of the wall. Rangers contacted two climbers at the base of the route who had just retreated off the wall. The climbers initially denied any knowledge of the incident, but one of them eventually admitted to pitching the haul bag with a parachute made from a porta-ledge rainfly before they rappelled off. One of them was arrested for making a false report, illegal air delivery and creating a hazardous condition. The other was cited for creating a hazardous condition and released to appear in court at a later date. The following day rangers climbed up to the stuck equipment and seized it as evidence.

Zion (Utah) BASE Jumping Arrests:
On the afternoon of November 6th, four people were caught BASE jumping off of Angel's Landing in Zion Canyon. Acting on a tip from Lew Hansen, a park maintenance employee, rangers Fred Hoeger, Shawn McNally, Beth Martin and Ed Dunlavey responded to the area and contacted Marta Hewitt, Paul McGreevy, Frank Le Poole, and Michael Maguire. After multiple interviews, the four admitted to the jump and were cited under 36 CFR 2.17 (a)(3), air delivery by parachute. The jumpers subsequently led rangers to four separate locations where their equipment had been stashed. All equipment was seized pending court appearances, where forfeiture will be pursued.

Yosemite NP (CA) Followup: BASE Jumps:
Early in November, BASE jumper Robin Heid applied for a permit for a public assembly of from 50 to 500 people to be held outside of magistrate's court and at El Capitan Meadow and for two memorial services in the El Capitan Meadow area. The purpose was to protest the Service's air delivery regulations (36 CFR 2.17(a)(3)), which make BASE jumping illegal in national parks without a permit, to show support for four individuals appearing in court on BASE jumping related charges, and to hold memorial services for BASE jumpers Frank Gambalie III and Jan Davis. Gambalie drowned in June when he jumped into the Merced River while fleeing rangers; Davis died in October when her parachute failed to open after jumping from El Capitan. A permit was issued for 50 persons to assemble outside the court and in the El Capitan Meadow area. Approximately 30 people attended the demonstration and court proceedings. There were no incidents. About eight media representatives were present.

Appeals Court BASE Jumping Decision:
On October 31st, a three-judge panel of the Tenth Circuit Court of Appeals reversed a previous district court decision that 36 CFR 2.17 (A)(3) was unconstitutional because it was ambiguous and did not clearly establish that BASE jumping (parachuting from fixed objects including cliffs) was prohibited. The defendants had argued that their parachutes met the definition of aircraft and were allowed to land on the waters of Lake Powell. They also argued that jumping off a cliff constituted an emergency; therefore they could deliver themselves by parachute without a permit. The appellate court wrote in its decision that the BASE jumpers clearly used "parachutes" (not aircraft) as defined in 36 CFR 2.17 and that the regulation clearly stated the BASE jumpers conduct was criminal. The final statement by the appellate court regarding the BASE jumper's case was that "that argument, of course, will not fly." This decision will allow GLCA to proceed with the prosecution of as many as 20 BASE jumping cases that have been placed on hold during this appeals process.

Yosemite NP (CA) – Follow-up: BASE Jumping Demonstration, Fatality:
On Friday, October 22nd, professional stuntwoman Jan Davis, 60, was killed when her parachute failed to open while attempting a BASE jump from El Capitan in Yosemite Valley. Davis' jump was part of an organized act of civil disobedience protesting the NPS air delivery regulations (36 CFR 2.17(a)), which make BASE jumping illegal in national park areas without a permit. On December 13th, jumpers Henry Boger, Mick Knutson and Joseph Weber pled no contents to charges of illegal air delivery in magistrate’s court in the park. Jumper Avery Badenhop pled no contest to aiding and abetting the air delivery of others. Under separate plea offers, each defendant agreed to a sentence of one year’s probation, a $2,000 fine, and payment of one-fourth of the $6,155 restitution for the cost of recovering Davis’ body. All parachute equipment used to make the illegal jumps was permanently forfeited.

BASE Jumping is Not a Crime . . .

[andy2 0]

[QUOTE]We therefore affirm the district court's determination that BASE jumping can create a risk of harm to the public and defer to the courts' evidentiary findings." [/QUOTE]

Yeah fucking right. What a load of bullshit. I guess drunk assholes running around with shotguns blasting away at anything that moves isn't dangerous? Or 16 year old kids zipping around on snow mobiles couldnt hurt anybody else? I wish our government would try to get educated on this kind of thing, its ignorance.

Thanks for posting, nick.

---------------------------------------------
let my inspiration flow,
in token rhyme suggesting rhythm...

[Zennie 0]

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I guess drunk assholes running around with shotguns blasting away at anything that moves isn't dangerous?

Worse... with rifles.

- Z
"Always be yourself... unless you suck." - Joss Whedon

[Zennie 0]

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Ranger Kyle Nelson overheard BLM radio traffic about two parachutists jumping from a cliff located within Arches NP and along the Colorado River on November 11th. The BASE jumpers landed in a clearing in a campground being developed by BLM.

I remember hearing about this when I was in Moab. I personally think they could have fought this, since they were "delivering" themselves onto BLM land, not NPS land.

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BASE jumping is occurring more frequently in the Moab area, and was broadly publicized by an organized event on BLM lands last spring, with at least one more event scheduled for later this year.

They say this like it's a bad thing.

How can this be? How can people routinely jump BLM land without any sort of problems (definitely no more than climbers or bikers), yet we're a menace to NPS lands.

Ugh... better get off my soapbox...

- Z
"Always be yourself... unless you suck." - Joss Whedon

[BASE813 0]

It really is quite unbelievable isnt it!!!

All that time and resource...............

Are there ongoing efforts by any people fighting the cause and trying to get this changed? Just wondered if there was anyone using their own time for the benefit and ongoing progression of the sport.

Thanks

[outrager 6]

Yo !

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I remember hearing about this when I was in Moab. I personally think they could have fought this, since they were "delivering" themselves onto BLM land, not NPS land.

I believe the law says "illegal aerial delivery to or from the National Park" :-(

By the way, could anybody with legal knowledge clarify if aerial delivery law applies to private land within National Park borders ?

bsbd!

Yuri.

[TomAiello 26]

Two thoughts:

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By the way, could anybody with legal knowledge clarify if aerial delivery law applies to private land within National Park borders ?

1) I believe that Zennie has some legal background.

2) I'm pretty sure that it's only delivery if you land in the park. I had a long discussion on this point with a couple of (non-ranking, non-legal, just friends) rangers in a well known national park. They had found a cliff exit that was inside the park, but with a landing outside it.

-- Tom Aiello

Tom@SnakeRiverBASE.com
SnakeRiverBASE.com

[base311 0]

my biggest gripe is how the NPS glamorizes BASE, on the one hand, by showcasing the Bridge Day event - but, on the other hand, so vehemently chases and prosecutes BASE jumpers anywhere else. This dichotomy is akin to praising and punishing a child for similar acts of behavior.

One day I'm rubbing shoulders with the Rangers sharing smiles and laughs; the next day I'm getting my wrists cuffed and my gear confiscated. How does this make any sense?

As Nick said... all of the problems and concerns can be managed. This is long overdue.

Gardner

[DexterBase 1]

I would bet that if the NPS were to allow BASE jumping on their land, there would be fewer fatalities than from the other activities being done legally.

I'm sure in Yosemite alone, BASE jumpers would die less often than rock climbers.

When a rock climber dies there's always someone saying, "Well, these accidents are pretty rare but when you take risks, sometimes people get hurt." Nobody arrests the other members of the climbing party and no gear gets confiscated...

When a rafter or kayaker drowns, it's an, "unfortunate accident". Nobody tries to make it illegal to run the rapids in NPS land...

Then there's the arguments they use against us. We have to get rescued by helicopters. We create a dangerous situation. Blah blah... How do they think climbers get rescued?

Park rangers have always had a hard-on for BASE jumpers. It's an old grudge that won't go away. There are no words that will make the NPS change it's views on our sport. The only chance we have of ever jumping legally in OUR national parks, is to change the laws. Especially the archaic law about illegal aerial delivery.

As long as the NPS remains blockheaded and keeps BASE jumping illegal, BASE jumpers will continue to die in national parks. Maybe they don't understand that we will still jump there regardless of what they think. In fact, keeping the sites illegal has made the big walls coveted objects. (Ever tell a kid not to do something?)

Until it's legal, jumpers will die because they left the exit point with sub-standard gear they don't mind losing if they get tagged.

I've expressed some views in this post that may be offensive. If this post doesn't mesh with the spirit of this forum, Tom, please feel free to delete it.

[TomAiello 26]

I'm pretty sure this has never been tested in court. So, really, who knows until it gets there?

OK, here's the actual text:

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Sec. 2.17 Aircraft and air delivery.

(a) The following are prohibited:
(1) Operating or using aircraft on lands or waters other than at locations designated pursuant to special regulations.
(2) Where a water surface is designated pursuant to paragraph (a)(1) of this section, operating or using aircraft under power on the water within 500 feet of locations designated as swimming beaches, boat docks, piers, or ramps, except as otherwise designated.
(3) Delivering or retrieving a person or object by parachute, helicopter, or other airborne means, except in emergencies involving public safety or serious property loss, or pursuant to the terms and conditions of a permit.

The relevant part looks to be:

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Delivering or retrieving a person...by parachute...

The questions, then is whether such delivery or retrieval must originate and/or terminate within National Park Premises.

In the second case (termination of delivery or retrieval), we can clearly see that the intention is for the rule to apply, since the original intention of the drafters was to prohibit parachute supply drops from aircraft. Such drops would, of course, have originated outside park premises, and terminated within them.

The first case, however, is not so clear cut.

While it could be argued that the intention of the law was to prohibit all delivery or retrieval (whether into or out of the park), I think that would be overbroad. In point of fact, all retrieval from the park was not intended to be (nor is enforced as) prohibited--see the rule allowing seaplanes to land on the surface of the lakes within National Recreation Areas, which are governed by the National Park Service.

Then we descend into murky arguments about the intention of the prohibition. During the 1999 Yosemite Protest, NPS staff circulated flyers clearly declaring their belief that the jumpers could create a hazard of falling objects for climbers, hikers, and spectators below, and warning climbers not to attempt the routes under the jump line. This could be a clue that the real concern (and a valid one) of the NPS is the safety of NPS staff and patrons.

Hmmm.... Ok, I'm starting to ramble. I'll think about it, but I think the bottom line is that you could make a case either way, and that no one really knows, and no one will really know, until this specific instance goes to court. Although I do know of one exit point that qualifies, I'm not going to invite the NPS to arrest me just so that we can all have a nice little test case.

-- Tom Aiello

Tom@SnakeRiverBASE.com
SnakeRiverBASE.com

[TomAiello 26]

Just a factoid:

The vast majority of rescue time and dollars in Yosemite (and, I imagine most other national parks) is spent on day hikers--not backpackers, climbers, BASE jumpers, hang gliders, or any other "high risk" group.

-- Tom Aiello

Tom@SnakeRiverBASE.com
SnakeRiverBASE.com

[Zennie 0]

Thanks for the CFR cite, I was gonna look it up and throw in my $0.02 based on the actual language.

You sure you don't have legal training Tom? Your analysis was so lawyer-like.

I agree, the fundamental issue is the scope of the phrase "Delivering or retrieving" in 2.17(a)(3). In addition to the points you made, there is an interesting regulatory jurisdiction/enforcement authority issue that I need to think about a bit.

When faced with a vague law/regulatory provision, Tom correctly looked to ascertain legislative intent.

I worked for the Indiana Department of Natural Resources when I practiced law... which is the state counterpart to the Department of the Interior (my specialty was the regulation of surface coal mining)... so I did a lot of research along these lines.

I always loved legal research & writing, and this issue is very intriguing to me. So I think I'll be bopping down to the local law library and do a little more research.

If folks are interested, I'll write a little article when I'm done. I'm just a little leery of publishing a legal argument. Then again, if other people found it useful, the Interior Solicitors will see it at some point anyway.

Personally though, I still think those guys could have made an argument that they weren't in violation of 2.17(a)(3). I could definitely argue it with a straight face.

- Z
"Always be yourself... unless you suck." - Joss Whedon

[Zennie 0]

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The vast majority of rescue time and dollars in Yosemite (and, I imagine most other national parks) is spent on day hikers

Like idiots who go hiking about an hour & a half before sunset, get lost, and realize they didn't bring a flashlight.

- Z
"Always be yourself... unless you suck." - Joss Whedon

[riggersam 1]

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I'm pretty sure that it's only delivery if you land in the park.

Unfortunately, I've discovered the interpretation of the aerial delivery regulation varies depending on how the government wants to apply it. If they don't like what you are doing, they make it apply.

In one of the 1995 cases regarding that lake in the SouthWestern U.S. (one in which I was involved), arguments were made that seaplanes are allowed to land and take off from the surface without a permit. Why shouldn't parachutes be? It is my understanding that parachutes ARE allowed to land on the surface of the lake without a permit provided the jump originates from an aircraft. A movie from the early 90's that included some skydiving scenes was filmed over the lake and included scenes of jumpers landing in the lake. It is my understanding that an aerial delivery permit was neither deemed required nor was one obtained for these jumps. TS filmed those sequences and I think he can confirm that.

The question then was about how the jump originated. People are allowed to jump from cliffs without parachutes. So, the focus was on a person "leaving" the park using a parachute.

When questioned, a park ranger confirmed that a person jumping from a cliff into the water un-aided would not be charged with aerial delivery. When asked "What if the person was holding a bed sheet?" The answer was "It depends on how he was holding it." This implies that if the bed sheet was configured in a way that it would retard the fall of the jumper, that meets the definition of a parachute and the aerial delivery regulation is applicable.

It's nuts...

Mark

[QuickDraw 0]

Just a thought... are fire jumpers allowed on NPS land ?

I'm thinking training here btw.

-- Hope you don't die. --

I'm fucking winning

[TomAiello 26]

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Just a thought... are fire jumpers allowed on NPS land ?

I'm thinking training here btw.

I can't imagine why they would be. Most of the smoke jumpers in the U.S. work for other government agencies (like the BLM) that have their own lands, which lands they would presumably use for practice.

-- Tom Aiello

Tom@SnakeRiverBASE.com
SnakeRiverBASE.com

[leroydb 0]

SO "what if" i was rock climbing and had on base gear "in case" i fell off?

would i still get arrested?

Leroy


..I knew I was an unwanted baby when I saw my bath toys were a toaster and a radio...

[DexterBase 1]

Heh heh... Yes, you would get arrested.

[leroydb 0]

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Heh heh... Yes, you would get arrested.

but thats BS... it can be considered an emergency if you fell off while rock climbing.... I dont base, but this whole NPS thing is a crock of *(^&*^

Leroy


..I knew I was an unwanted baby when I saw my bath toys were a toaster and a radio...

[base704 0]

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Until it's legal, jumpers will die because they left the exit point with sub-standard gear they don't mind losing if they get tagged

I can only speak for myself, but for me "sub-standard" gear is totally unacceptable on any BASE jump.
I may choose to jump my "older" Mojo, rather than my new Ace on a high bust factor outing, but by no means am I jumping anything that I feel would fall into a "sub-standard" category.

You can get a lot more done with a kind word and a gun than with a kind word alone.

[TomAiello 26]

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I can only speak for myself, but for me "sub-standard" gear is totally unacceptable on any BASE jump.
I may choose to jump my "older" Mojo, rather than my new Ace on a high bust factor outing, but by no means am I jumping anything that I feel would fall into a "sub-standard" category.

Amen to that. My family and I had a long talk about the two latest valley fatalities (JD and FG), and we decided that:

1) In hot pursuit, I'll just stop and hold up my hands--and my Dad will come bail me out of jail.

2) I'll jump my good gear, and if it gets taken, the family will help buy replacements.

I realize that most people's families probably aren't this understanding (and most people's Dads probably don't live close enough to just drive up and bail you out), but still, would you rather lose your $2000 rig, or your one-and-only, priceless shot at happiness?

-- Tom Aiello

Tom@SnakeRiverBASE.com
SnakeRiverBASE.com

[NickD 1]

(3) Delivering or retrieving a person or object by parachute, helicopter, or other airborne means, except in emergencies involving public safety or serious property loss, or pursuant to the terms and conditions of a permit

Jean Boenish fought the NPS for years.

Early on she failed by attacking the situation on NPS terms. She keep on applying for a permit to be in compliance with the last line of the regulation. Actually a few times, over the years, she came very close. And I dare say for a while, and maybe still, every time a new Yosemite bigwig is installed somewhere in their briefing papers would up on head’s up file on Jean.

Most of the time the NPS ping ponged her between Superintendents offices with, “It’s okay with me if it’s okay with Superintendent X.” And Jean would hear the same over and over.

There is one time the NPS couldn’t really come up with a good reason not to issue, at least, a limited permit especially with Bridge Day occurring. So she started really hamming them on this point.

Finally they said it would be okay if Jean acquired the sign off from three different environmental groups, one of which is the Sierra Society.

Jean said, “They might as well have said bring me the broom of the wicked witch of the west.”

Someone up board had it right, the law should be changed, or, I'll add, amended.

"There's no such thing as "B" gear!"

Nick
BASE 194

[base386 0]

Yo 386 here, Choppin and I got busted after an extremely delicious jump there at the campground. It was explained to us at the time we were delivering ourselves from a national park. We called the attorney who handled Dennis' case from a motel room in Moab and give the "cheap" fine relatively speaking and the fact we were to get our gear back.....we opted the easy way out. Hey, were were pussies...O.K. Court is three thousand miles from where I live, and 80 bucks or so seemed like a deal. Kill Brian, he made me cop out!!!!!!!!!!

[78RATS 0]

The one thing that seems to reoccur in these incidents in the notion that "X admitted he jumped from Y".

If your busted, your busted. Admit nothing.


Politely explain that you can't remember or you would like to talk to your lawyer before making a statement. (This assumes there is not an emergency that requires disclosure)



If anybody tries to say I posted this I will deny it.

Rat for Life - Fly till I die
When them stupid ass bitches ask why

[andy2 0]

speaking from personal experience, its very hard to admit nothing when busted by the police. When admitting nothing means they throw the book at you and admitting everything means they slap you a misdemeanour or two, its very tempting to want to trust them on that. Its a tricky situation.

---------------------------------------------
let my inspiration flow,
in token rhyme suggesting rhythm...