BWCA Superior National Forest Land & Resource Management Plan 2004 Boundary Waters Listening Point - General Discussion
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Minnesotian
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06/26/2023 07:33AM  

In another thread, a forum user stated that they wish they knew where the rules and regulations for the BWCA were clearly stated.

As we all know, the BWCA is a Wilderness, which is a special land management designation with separate rules from National Forest management designation or National Park management designation. All wilderness areas in the US can be found here: Wilderness Connect

The BWCA wilderness falls within the boundaries of the Superior National Forest. Therefore the BWCA falls under the jurisdiction of the Forest Service, a subsidiary of the United States Department of Agriculture for land management. The state agency MN Department of Resources is also a regulating body but not around land management of FEDERAL lands. There are special state owned lands within the BWCA boundary, but they are very few and inconsequential. If you are interested, the MNDNR calls this land School Trust Lands The MNDNR is also the regulating body for wildlife management for animal and plant harvesting throughout the state, not the USDA. You get your wild rice, fishing, and hunting permits through the MNDNR.

The USDA sets the rules for the Superior National Forest, of which there are special carveouts and rules/regulations for the Wilderness designation, BWCA. After the 1964 Wilderness Act was passed, a special public law was passed creating designating rules and regulations for the BWCA, mostly for motor uses, removing structures, logging, and mining designations. Public Law 95-495 Oct 21, 1978

A part of this BWCA designation, an implementation strategy was created. A Land management plan was first created in 1986, but I cannot locate it. The implementation strategy was first published in 1993: USDA Plan for the BWCA 1993

This 1993 plan was updated and a new, comprehensive plan was published in 2004. This is it. This is the guidelines that direct the federal management of the Superior National Forest with special guidelines for the BWCA: Superior National Forest Land & Resource Management Plan 2004

This plan has been in effect since 2004, with an expected term for being referenced for 10 to 15 years, so that means a new plan will probably be coming up within the next 5 years. There have been one amendment since publication in 2004, for the designation of Entry Point Quotas in 2021: 2021 Entry Point Quotas

Some interesting take aways from the Management Plan. All these can be found under Chapter 3 - BWCA Management Direction.

1. There are 4 land management designations within the BWCA: Pristine Wilderness Management Area (MA), Primitive Wilderness MA, Semi-primitive Non-motorized Wilderness MA, Semi-primitive Motorized Wilderness MA. Page 3-47 has the map.

2. "Pets must be under voice or leash control at all times." Page 3-54

3. "The use of portable bear-proof canisters is encouraged. Bear poles or boxes will not be provided or maintained." Page 3-57

4. "The Memorandum of Understanding (MOU) between the Forest Service and the MNDNR will guide wildlife management activities in the Wilderness. The MOU will be reviewed and updated every five years." Page 3-58

5. "Campsites will be monitored on a rotation basis, every five years, for compliance with the standards for limits of acceptable change indicators." Page 3-49

6. "There will be no canoe rests. Existing canoe rests will be removed by September 30, 1995." Page 3-51

7. "There may be no more than nine people in a party with a maximum of four watercraft. Visitor use in any travel zone must not produce
changes beyond the social limits of acceptable change " Page 3-54

8. "Watercraft or sailboards designed for propulsion by wind are not permissible. Watercraft with types of rowing devices that were in regular use m the
BWCAW, prior to the 1979 BWCAW Act, are permitted." Page 3-54

9. "The use of portage wheels is not permitted except on the International Boundary." Page 3-54

tl/dr: Superior National Forest Management Plan 2004

Make what you will with this information.
 
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06/26/2023 09:21AM  
Well there we go. Under voice control for pets. Thanks for looking it all up and organizing Minnesotian.
 
schweady
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06/26/2023 06:42PM  
This should be pinned to the top.
 
gravelroad
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06/27/2023 07:10AM  
This information is helpful but incomplete, and the omissions include the basis for the leashed pet requirement.

In addition to the statutes that established first the Boundary Waters Canoe Area and then the Boundary Waters Canoe area Wilderness (with subsequent amendments), there are USFS regulations published in the Code of Federal Regulations that relate to federal wilderness areas in general and specifically to the BWCAW. (These are what an Assistant United States Attorney will cite to the judge when prosecuting you, not some random interpretation published on a website by a well-meaning USFS employee.)

The general wilderness regs are available here: 36 CFR Part 261 - PART 261—PROHIBITIONS

The source of the leashed pet requirement is part of those:
36 CFR § 261.8 - Fish and wildlife

"§ 261.8 Fish and wildlife.
The following are prohibited to the extent Federal or State law is violated:
(a) Hunting, trapping, fishing, catching, molesting, killing or having in possession any kind of wild animal, bird, or fish, or taking the eggs of any such bird.
(b) Possessing a firearm or other implement designed to discharge a missile capable of destroying animal life.
(c) Possessing equipment which could be used for hunting, fishing, or trapping.
(d) Possessing a dog not on a leash or otherwise confined.
(e) Curtail the free movement of any animal or plant life into or out of a cave, except as authorized to protect a cave resource."


The BWCAW-specific regs are:
36 CFR § 261.19 - Boundary Waters Canoe Area Wilderness

36 CFR § 293.16 - Special provisions governing the Boundary Waters Canoe Area Wilderness, Superior National Forest, Minnesota

The Forest Supervisor for the Superior National Forest is also authorized to issue orders that have the force of law. These will include the familiar fire bans and closures that we see from time to time, as well as other matters. The most general of these currently in force dates back to 2019:

ORDER OF THE FOREST SUPERVISOR – OCCUPANCY AND USE RESTRICTIONS FOR THE BOUNDARY WATERS CANOE AREA WILDERNESS (BWCAW) – SUPERIOR NATIONAL FOREST
 
Minnesotian
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06/27/2023 09:37AM  

Gravelroad, thank you for the clarification and direction. With that information you provided, I was able to locate the Federal Government website for the Code Of Federal Regulations. Specifically the Boundary Waters: Code of Federal Regulations - 2022 - Title 36 - Parks, Forest and Public Property

Looks like I got some light reading ahead of me.
 
gravelroad
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06/27/2023 05:48PM  
Minnesotian: "
Gravelroad, thank you for the clarification and direction. With that information you provided, I was able to locate the Federal Government website for the Code Of Federal Regulations. Specifically the Boundary Waters: Code of Federal Regulations - 2022 - Title 36 - Parks, Forest and Public Property


Looks like I got some light reading ahead of me. "


I didn't link to the official site because the Cornell site is far more user-friendly. Among other things, it has a search function that the federal site lacks. Have plenty of coffee and/or sedatives on hand if you plan to browse the latter ...
 
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