BWCA Was planning on taking the hobie kayak... Boundary Waters Group Forum: Kayaking
Chat Rooms (0 Chatting)  |  Search  |   Login/Join
* BWCA is supported by its audience. When you purchase through links on our site, we may earn an affiliate commission.
Boundary Waters Quetico Forum
   Group Forum: Kayaking
      Was planning on taking the hobie kayak...     

Author

Text

LazyLefty
distinguished member (287)distinguished memberdistinguished memberdistinguished member
  
04/27/2012 12:18PM  
Now I'm not sure, still waiting on the forest service to get back to me with official word on whether I can use the mirage drive. Being a one handed paddler it's so much safer and easier when solo to use a foot powered drive.

What do you folks think? Since it's still 100% human powered does it stay within the spirit of the wilderness act? I kind of took the ban's intent was to keep out things that would damage or detract from the wilderness, such as motor boats and electric motors. Mine is basically attaching paddles to my feet.

I don't mean to stir up a hornets nest here so if you feel strongly one way or the other please go easy...
 
      Print Top Bottom Previous Next
LazyLefty
distinguished member (287)distinguished memberdistinguished memberdistinguished member
  
05/03/2012 10:24AM  
Well I got a response back. It is banned, which is not the end of the world. I asked if since I couldn't take it in on a paddle permit could I take it on a motor permit and stay in the motor area, still said no and cited specifics in the wilderness act. This is the response I got. Sorry it's a long read.




Hi Jesse,

It might seem strange to you that motor boats are allowed and mechanical devices are not, so I included information from the BWCAW Act of 1978 and the 1964 Wilderness Act. They explain how we came about with our policies and rules and regulations. SECTION 1 of the Act: Congress finds that it is necessary and desirable to provide for the protection, enhancement, and preservation of the natural values of the lakes, waterways, and associated forested areas known (before the date of enactment of this Act) as the Boundary Waters Canoe Area, and for the orderly management of public use and enjoyment of that area as wilderness, and of certain continuous lands and waters, while at the same time protecting the special qualities of the area as a natural forest-lakeland wilderness ecosystem of major esthetic, cultural, scientific, recreational and educational value to the Nation.



From the 2004 Superior National Forest Land and Resource Management Plan: "Watercraft or sailboards designed for propulsion by wind are not permissible. Watercraft with types of rowing devices that were in regular use in the BWCAW, prior to the 1978 BWCAW Act, are permitted." The Hobie Mirage watercraft was NOT in regular use prior to the legislation. This argument has been tested in federal district court by a person who wanted to bring a type of watercraft into the BWCAW that was not in regular use before the 1978 legislation. This person was cited by the Forest Service and this citation was upheld in court. The intent of the wording in the legislation was to prohibit anything new that might come on the market (i.e. hovercraft, personal watercraft, a device such as the one in this discussion, etc.). As a result of this wording, all of these types of things are prohibited even though they are within the horsepower restrictions and may be quiet. Everything motorized or mechanized is prohibited except what was actually provided for in the legislation . The BWCAW final EIS stated "Sailcraft are not appropriate because of the mechanized equipment used and the visual impact on other users." Your Mirage system has both a propulsion mechanical device and a sail.

(EDIT: My kayak does not have a sail but it's a moot point anyway)

The words "mechanism and mechanical" are addressed in the 1964 Wilderness Act and other text below to follow: " Section 2. a) Wilderness System Established Statement of Policy - "In order to assure that an increasing population, accompanied by expanding settlement and growing mechanization, does not occupy and modify all areas within the United States and its possessions, leaving no lands designated for preservation and protection in their natural condition, it is hereby declared to be the policy of the Congress to secure for the American people of present and future generations the benefits of an enduring resource of wilderness. For this purpose there is hereby established a National Wilderness Preservation System to be composed of federally owned areas designated by Congress as "wilderness areas", and these shall be administered for the use and enjoyment of the American people in such manner as will leave them unimpaired for future use as wilderness, and so as to provide for the protection of these areas, the preservation of their wilderness character..."



"Section 2 c) Definition of Wilderness - A wilderness, in contrast with those areas where man and his own works dominate the landscape, is hereby recognized as an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain. An area of wilderness is further defined to mean in this chapter an area of undeveloped Federal land retaining its primeval character and influence, without permanent improvements or human habitation, which is protected and

managed so as to preserve its natural conditions and which (1) generally appears to have been affected primarily by the forces of nature, with the imprint of man's work substantially unnoticeable; (2) has outstanding opportunities for solitude or a primitive and unconfined type of recreation; (3) has at least five thousand acres of land or is of

sufficient size as to make practicable its preservation and use in an unimpaired condition; and (4) may also contain ecological, geological, or

other features of scientific, educational, scenic, or historical value." "Section 4 c) Prohibition of Certain Uses - Except as specifically provided for in this chapter, and subject to existing private rights, there shall be no ... except as necessary to meet minimum requirements for the administration of the area for the purpose of this Act (including

measures required in emergencies involving the health and safety of persons within the area), ...no use of motor vehicles, motorized equipment or motorboats, no landing of aircraft, no other form of mechanical transport, and no structure or installation within any such area."



This may be more information than you wanted, but, I thought it was important to explain why our policies exist.

Have a great day,

Kris



Kristin Horman

Program Support Assistant, Wilderness

Superior National Forest - Supervisor's Office

8901 Grand Ave Place

Duluth, MN 55808

218-626-4349

 
      Print Top Bottom Previous Next