REVIEW OF THE FINAL ENVIRONMENTAL IMPACT STATEMENT for the COLORADO RIVER MANAGEMENT PLAN of  NOVEMBER 2005

Note on terminology:  The NPS employs several different, overlapping terminologies to describe units of time.  As used in Modified Alternative H the usages are as follows:

A. Summer season/Shoulder seasons/Winter season:
Summer season is May through August
Shoulder seasons are March through April and September through October
Winter season is November through February
B. Mixed use (motor/non-motor) season/non-motor season
The mixed use season is April 1-September 15
The non-motor season is September 16-March 31.
C. Commercial launches will be permitted from April through October; non-commercial launches can occur in all months of the year. 

MOTOR USE:
In the new Colorado River Management Plan (CRMP), the National Park Service’s Preferred Alternative (modified) H includes the continued use of motorized rafts on the river.  In both the Draft Environmental Impact Statement (DEIS) and the Final Environmental Impact Statement (FEIS) they reasoned that continued use of motorboats does not preclude possible wilderness designation by Congress in the future because such use does not permanently impact wilderness resources or permanently denigrate wilderness values (p. 17).  In its response to the DEIS GCRRA strongly supported continued use of motorized rafts on the river for both commercial and non-commercial trips, reasoning that retaining use of motors facilitated the broadest access for the public and provided for the widest spectrum of ages, abilities and trip lengths for Canyon visitors.  We cooperated with the Grand Canyon River Outfitters Association (GCROA), the Grand Canyon Private Boaters Association and American Whitewater in submitting a joint recommendation for continued use of motors on the river but with modifications to the original motor use period as proposed in the draft version of preferred Alternative H (see below).

TRIP LENGTH
Preferred Alternative H of the DEIS fixed the summer season maximum trip lengths for commercial motorized trips at 10 days, and commercial oar trip lengths at 16 days, and non-commercial oar and motor trips at 16 days.  During the shoulder seasons, commercial motor trip maximum lengths were fixed at 10 days, commercial oar trips at 18 days and non-commercial motor and oar trips at 18 days.  In winter, motor trips would not be allowed; commercial oar trips were limited at 21 days and non-commercial oar trips at 25 days.  In general, these trip lengths represented a reduction in currently allowable trip lengths for all of these categories of trips.  In addition, motor trips during the winter season were eliminated, and trip lengths for both commercial and non-commercial oar trips were reduced.

GCRRA’s response to this plan was that trips of the same type (motor or oar) whether commercial or non-commercial should be assigned the same maximum trip length.  We were concerned that there was no recognition of or categorical provision for specialty trips such as hiking, painting and drawing, photography and educational trips which currently form a small percentage of commercially offered trips.  In addition, since the NPS requires that commercial outfitters provide accessible trips under the Americans With Disabilities Act, GCRRA recommended that a longer maximum trip length be permitted for these specialty trips.

The FEIS contained several changes from the DEIS Alternative H plan.  The mixed (motor and /or oar) use season was changed from March 1-August 31 to April 1-September 15.  Also, rather than lumping non-commercial oar and motor trips together, a distinction was made between the two, and different maximum trip lengths assigned to each. Thus, in the summer season (May 1-September 1), non-commercial oar trips can have up to 16 days (no change from Alt. H), but non-commercial motor trips may only take 12 days.  From September 1-15 both commercial and non-commercial oar trips can have a maximum of 18 days, but during the remainder of the shoulder season non-commercial oar trips can have 21 days (an increase from Alt. H), commercial oar trips can have 18 days and no commercial or non-commercial motor trips are allowed.  The maximum motor trip length for both commercial and non-commercial trips in the shoulder seasons was made 12 days (an increase for commercial trips, but a decrease for non-commercial motor trips).  Motor supported kayak, raft and dory trips will continue to be counted as oar trips as at present (VUE19, p.301 FEIS Vol. 3) but they can only launch in the mixed use season.  Finally, commercial oar trips in the winter were eliminated.

Thus, while some changes in Alternative H (increase in commercial motor trip lengths in the shoulder season, equality between commercial and non-commercial motor trip lengths in the shoulder seasons, reduction in the allowable length of non-commercial motor trips in the summer) were in the direction recommended by GCRRA, full equality between commercial and non-commercial, motor and oar trip lengths was not incorporated into the FEIS modified Alternative H.  The NPS responded to the issue of the need for trip length flexibility for special focus trips by stating that the increased trip length for motor trips in the shoulder season will allow more time for these activities.  (VUE 126, p.327 FEIS Vol. 3).  The NPS responded to comments on special needs of trips providing services for persons with disabilities by stating that it will continue to support these types of services and may consider staff/guide to passenger ratios on a case- by-case basis (VUE 184, p.338 FEIS vol. 3).

GROUP SIZE AND INCLUSION OF CREW IN GROUP SIZE
Alternative H featured a reduction in the maximum allowable size for commercial motor trips to 32 people in the summer and 24 people during the rest of the year (down from 43).  Commercial oar trips were reduced to 32 people in the summer and 24 people during the rest of the year (down from 39).  Maximum non-commercial group size was maintained at 16 (same as present) and a new 8-passenger small group size category was created.  In addition, guides would be included in the computation of group size for commercial trips.  Thus a two-raft summer motorized trip with two guides and two assistants would be limited to 28 guests.  Modified Alternative H maintained these restrictions without changes.

GCRRA disagreed with these reductions in group size for many reasons: we felt that some of the reasoning behind the changes was flawed, that some was based on questionable research, and that some was based on mere speculation.  The NPS relied heavily on a single questionnaire-based study of passenger experience and we argued that their interpretation of the results was incorrect, and that a correct interpretation of the results would support maintaining maximum group size at the present level (36 passengers NOT counting crew).  We argued that historically crew has not been counted in group size, but has been counted as part of administrative use because they are licensed professionals who perform critical functions mandated by the NPS.   We felt that counting crew within the limited group size would discourage concessionaires from adding additional crew to commercial trips, which would detract from passenger experience and also limit training opportunities for new guides.  The NPS rejected this reasoning and left group sizes unchanged from DEIS Alternative H.  They argued (OR 30, p. 141 FEIS Vol. 3) that guides have the same impact on resources as any other person in the canyon, and that this justifies their being counted in group size and is taken into consideration in allowing commercial groups to be larger than non-commercial groups.

SEPTEMBER MOTOR USE
Alternative H of the DEIS featured a six month mixed-use season from March 1 to August 30, and a six month no-motor season from September 1 to February 28 or 29.  This was a change from the current arrangement which has a three-month non-motor season from September 15 to December 15 and a nine-month mixed-use season from December 16 to September 15.   Commercial motor trips during the winter, allowed under the current plan, were eliminated.

GCRRA strongly opposed the removal of the first two weeks of September from the mixed-use season.  We argued that September is a very favorable time for visiting the canyon, and that the trade-off of March for September in creating the new mixed-use season was not a fair trade.  Currently, many commercial motor trips launch in September; all of these trips would have to be shifted into March or April when the weather is substantially less comfortable.  We were also concerned that this shift, combined with the reduction of motor launches during the months of May through August, would result in the loss of one-boat motor trips, which fulfill the desirable smaller group size identified throughout the DEIS.

The NPS responded to these concerns in modified Alternative H of the FEIS by making March part of the non-motor season and restoring September 1-15 as part of the mixed-use season.

TRIP DIVERSITY
In its response to the DEIS GCRRA identified several areas of concern with respect to preferred Alternative H:  designation of motor-supported rowing, paddle, kayak or hybrid trips as non-motorized trips; establishment of minimum trip length to Phantom Ranch; restoration of September 1-15 to mixed use; and retention of Whitmore helicopter exchanges. 

In the FEIS, the National Park Service explicitly states that motor-supported oar, paddle and kayak trips will continue to be counted as oar trips as far as launches, trip length, and group size are concerned (VUE 19, p.301 FEIS Vol.3).  The revised, modified Alternative H restored September 1-15 as a mixed, motor/non-motor use period.  In revised Alternative H minimum trip lengths to Phantom Ranch were eliminated (Section 2.7.5, p.108 FEIS Vol. 1).  Whitmore helicopter exchanges will continue to be allowed during the entire motorized season for companies currently conducting them (Section 2.4.8.3, p.59 FEIS Vol.1).  In the FEIS the NPS repeatedly emphasized its commitment to provision of a wide diversity of visitor experiences (Management Objectives, p.13, FEIS Vol.1; and responses to inputs, including VUE 1, p.300; VUE 154, p.304;  VUE 192, p.308; VUE 194, p.309, all FEIS Vol.3).

WHITMORE EXCHANGES
Both the DEIS and the FEIS made it clear that although the NPS has the authority to regulate passenger exchanges, it has no authority over transportation outside the park boundary, including the Hualapai reservation.  The DEIS preferred Alternative H permitted helicopter and hiking exchanges at Whitmore during the summer and shoulder seasons respectively.  Helicopter exchanges were allowed up to 5000 passengers in and 5000 passengers out (provided exchanges were 1:1), and hiking exchanges of 1250 in and 1250 out. 

GCRRA expressed concern with the apparent increase in incoming passengers allowed under this plan, compared with the current use pattern of more passengers (6800) leaving by helicopter than coming into the canyon (3500), and recommended that the current pattern of exchanges be maintained.  GCRRA also pointed out that the current lack of transportation between the Whitmore trailhead and the Bar 10 Ranch, which has prevented hiker exchanges, was not addressed in the DEIS.

In the FEIS, the NPS recalculated the estimated numbers ending and beginning trips at Whitmore.  The new estimated numbers were 4035 passengers coming in (3635 by helicopter and 400 hikers) and 5715 passengers leaving.  These numbers represent an increase of approximately 500 more passengers entering, and a smaller excess (1680 compared to 3300) of passengers leaving over passengers entering compared to current numbers, thus creating a net increase of passengers coming into the lower canyon.      Helicopter exchanges would have to take place before 10:00 AM.  Thus, although modified Alternative H estimates that fewer individuals will be starting trips at Whitmore than allowed by the DEIS, the net result is in the opposite direction from that recommended by GCRRA.

PARK OPERATIONS
The DEIS was developed under the assumption that current operating requirements for both commercial and non-commercial users would largely remain unchanged, however a few new requirements were added: all recreational users, whether commercial or non-commercial, will be limited to one trip per year; generator use will be permitted only for emergency situations and raft inflation; a guide must accompany commercial passengers on all trip-related hikes, including hiking exchanges in and out of the canyon; guides and other commercial crew will be counted in group size (see above);  specific activity restrictions will be imposed for the mouths of Tapeats and Kanab Creeks and for the Little Colorado River; and non-Hualapai river runners may not use the ramp area at Diamond Creek between 7AM and 9AM.   In addition, the DEIS contained a requirement for a minimum trip length from Lee’s Ferry to Phantom Ranch of three nights and part of four days.

GCRRA had several objections to the requirement to have a guide accompany hiking exchange passengers in and out of the canyon: we did not feel that the rationale (boaters hiking out of the canyon often require search-and-rescue responses from rangers) was supported by adequate data and we recommended that the NPS emphasize education of hiking passengers rather than impose a new regulation.  GCRRA also objected to the imposition of a minimum trip length to Phantom Ranch, arguing that the current practice (maximum average trip speed 40 miles/day; maximum of 50 miles on any one day) allowed for more trip flexibility and diversity. 

In the FEIS most of the new requirements were retained unchanged.  The activity restrictions for the LCR were modified (see separate section, below) and the minimum trip length from Lee’s Ferry to Phantom Ranch was eliminated.  The requirement that a guide accompany commercial passengers on all trip-related hikes, including hiking exchanges, was retained in the FEIS.  In the FEIS (p. 36, Vol.1) the NPS emphasized that the intent of the requirement was to improve passenger safety, especially during summer months when high temperatures and monsoon conditions are common. 

ADMINISTRATIVE USE
Administrative use, which includes resource management, educational, research, visitor protection, tribal and service trips, is not included in the recreational use allocation.  Both DEIS and FEIS explicitly state that these trips will be scheduled to minimize impacts to recreational users.  Administrative trips are subject to separate permitting and review and evaluation processes. 

In our response to the DEIS GCRRA noted that administrative use must remain flexible in order for the NPS to fulfill its mandated responsibilities.  For the most part we therefore concluded that questioning of this use would fall outside the scope of the CRMP.  We did note, however, that there was a potential for motorized research trips to compete with commercial and private trips during the peak use season, May-August.  Given the current proportion of motorized administrative trips (64%), we expressed concerns about the apparent conflict between the need for increased administrative use and the installation of a six-month non-motorized season. 

The FEIS addressed these concerns in part by adding the statement that “administrative trips will be encouraged to use secondary camps to reduce competition, especially in the high-use season.”  Furthermore, motor use may be permitted during the non-motor period for approved research studies (AR9, p. 73 FEIS Vol.3). 

LOWER GORGE ALTERNATIVES
The DEIS contained a separate set of management plan alternatives for travel in the Lower Gorge (Diamond Creek, RM 226 to Lake Mead, RM 277).  In this section of the river, the Hualapai Tribe controls access to and use of lands on the south side of the river.  The Hualapai River Runners, a commercial enterprise of the Hualapai tribe, runs the only commercial operation that launches at Diamond Creek (both day and overnight trips).  It also operates short helicopter/pontoon tours launching at Quartermaster Canyon (RM 262 and 263).

The DEIS Preferred Alternative 4 included the following key provisions:  maximum of two non-commercial launches permitted/day from Diamond Creek; unlimited HRR day trips in the peak season (maximum 40 people/trip), but a total of 96 passengers/day on these trips; two day trips/day (35 people/trip) in non-peak season; three overnight HRR trips/day (20 people/trip) in peak season, one overnight HRR trip/day (20 people/trip) in non-peak season; total of 150 passengers/day maximum on pontoon trips; a maximum of four commercial jet boat pick-ups per day in peak season and one per day in the non-peak season.

GCRRA applauded the limit of 150 passengers/day for passengers on pontoon trips, noting that all of these passengers arrive and depart by helicopter.  We felt that greater numbers would intrude on the natural quality of the visitor experience for all visitors.  We felt that there should be a limit on the number of daily HRR launches from Diamond Creek, just as there are limits on commercial launches from Lee’s Ferry.  We argued that the NPS justified using limits on the number of launches per day as a key management tool to benefit the resource and visitor experiences.  Although we recognized that the number of HRR day trips would be limited by the daily passenger limit, we felt that allowing unlimited numbers of HRR trips to launch at Diamond Creek could significantly increase congestion at Diamond Creek and at Lower Canyon attraction sites.  Finally, we argued that the number of jet boat take-outs should be determined by the number of trips requiring these services. 

In the FEIS, presumably in response to discussions with the Hualapai Tribe,  the NPS increased the maximum number of helicopter/pontoon trip passengers to 480/day, with the possibility of increasing further to 600/day based on performance reviews and resource monitoring.  The only other significant change from the DEIS was the addition of a prohibition on jet boat tours of the lower canyon.  Jet boat take-out limits remained the same as in the DEIS. 

ALLOCATION
One of the most problematic aspects of the DEIS was the proposed adjustable split allocation system, under which a “recreational user interest” would be measured by a new “all user registration system.”  Allocation of launches would then be adjusted on the basis of the relative numbers of commercial and non-commercial passengers registering with the system.    “Hopeful recreational users,” both commercial and non-commercial would be required to register with the system and then would be instructed to contact a commercial company of choice or be passed on to the non-commercial permit system. 

GCRRA strongly opposed implementation of this system.  We believed that it was inherently biased against the commercial sector, that it could only function to transfer launches from the commercial to the non-commercial sector.  We also argued that the quantities it proposed to measure were not well defined, and that the system was complex, expensive, administratively burdensome, and that it would be open for abuse from both sectors.  Many other problems were noted at the public comment sessions.

Jointly with the Grand Canyon River Outfitters, the Grand Canyon Private Boaters Association and American Whitewater we recommended that the all user registration/adjustable split allocation system be replaced with the traditional fixed allocation system now in place. 

The NPS responded affirmatively to this input and implemented a fixed ratio, split allocation system.  The ratio fixed by the plan will remain the same for the life of the plan.  The estimated splits between commercial and non-commercial sectors are: 50/50 for user-days, 71/29 for passengers and 54/46 for launches. 

NON-COMMERCIAL PERMIT SYSTEM
As acknowledged in the DEIS, the current non-commercial permit system had failed and was badly in need of replacement and improvement.  The existing system was a major source of private boater unhappiness and user-group antagonism.  Under the existing system (wait list for trip leaders) the waiting time for a non-commercial permit could be 10 to 20 years due to the length of the list. 

The DEIS’s preferred alternative system for non-commercial permits was a weighted lottery for groups: monthly weighted lotteries would be held one year in advance for each month; each launch opportunity would be awarded to an identified group leader; applicants could enter only one lottery per year; each applicant would be given one additional chance for every year they had entered the lottery but been unsuccessful.  In addition, the current waitlist would be frozen and existing waitlist members would be offered incentives to leave the waitlist and enter the lottery.  Other rules and conditions would also apply.

GCROA, GCPBA, American Whitewater, and GCRRA submitted a joint memo to the NPS regarding this very important aspect of the DEIS.  We recommended that the weighted group lottery system be replaced with a multiple pathway system that would include a conventional lottery system for 70% of the permits and a separate, limited reservations system for the remainder of the permits.  We argued that the weighted lottery system would degenerate into the same sort of unsatisfactory situation as currently obtains as long as there were more applicants than launches.  We recommended that additional measures be implemented to encourage people to leave the current wait list, including financial incentives and awarding additional chances in the first two years of the lottery.

In response to input during the public scoping process, the FEIS adopted a substantially different non-commercial permit system from any of the DEIS options for the Lee’s Ferry to Diamond Creek section of the river, “the hybrid weighted lottery for trip leaders.”  Lottery applications would include the group leader’s name and specify potential alternative leaders; up to five launch dates could be requested for initial consideration on each application.  Each year a lottery would be held to award the following year’s non-commercial launches.  The number of chances any group would have would vary depending on the least number of years any of the potential group leaders had participated in any commercial or non-commercial Lee’s Ferry to Diamond Creek river trip.  A number of other specific rules and conditions, including the limitation of one trip per year for each person, also apply under this system.   Permits for non-commercial trips for the Diamond Creek to Lake Mead section of the river would continue to be awarded on a first-come, first-serve basis, no earlier than one year in advance.  Recreational passengers would be allowed to run this lower section of the river as frequently as they desired, as long as they were able to obtain permits. 

In addition, a “three stage expedited transition” process from the existing waitlist to the new lottery system was also added to the non-commercial permit system.  The NPS estimates that 33% of people on the wait list will have gained a launch date through the years 2007-2011, and of the remainder, over half will have gained a launch date within ten years. 

GUIDES ON HIKES
(See above under Park Operations)

LITTLE COLORADO RESTRICTIONS
The DEIS contained the new operating requirement for both commercial and non-commercial users that between March 1 and August 31 swimming and wading in the Little Colorado River would be limited to the lower 300 feet.  The purpose of this requirement was to protect spawning and young-of-the-year of the Humpback Chub (an endangered species).  

GCRRA strongly objected to this provision.  We argued that there was no substantial research documentation that would support such restrictions, and that the customary practice of floating the rapids in the LCR helps to prepare river users in case they might find themselves in the main river.  Furthermore, relegating swimming to the lower 300 feet of the LCR would present a serious safety concern of potentially sweeping swimmers into the strong current of the main river.

The FEIS contained a modification of this policy (p. 37, FEIS Vol. 1).  Swimming and wading will be allowed year round in the northern half of the river, while swimming and wading on the south half of the river from the park boundary to the confluence will be closed to river runner swimming and wading from March 1 to November 30.   This policy protects the spawning habitat of the Humpback Chub along the south shore of the LCR, but allows river runners access to the small rapids along the north shore where they can experience rapids swimming in a safer environment.