Does the U.S. Forest Service have such Authority?

AKBASSKING

AKBASSKING

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Apr 13, 2008
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SE Alaska Summer/Columbia River winter
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Here is an interesting story. Does the USFS have authority to pull a boater over to perform a marine safety check? If I was boating on the Mississippi or the Tennessee River could USFS employees pull me over?

The Yukon is a 2000 mile river. Most of this river is in raw wilderness.


http://www.adn.com/2010/09/22/1466423/murkowski-asks-for-review-of-alaska.html#ixzz10HhvomnV



Murkowski asks for review of Alaska park arrest
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(09/22/10 09:36:33)

U.S. Sen. Lisa Murkowski has asked for a "full review" of the arrest of a 70-year-old Alaska man whose lawyer claims National Park Service rangers went a little overboard on a boat safety stop.
In a letter to National Park Service director Jonathon Jarvis, Murkowski asked for an explanation about why Jim Wilde was stopped and arrested following what park service officials said began as a routine boat safety inspection.
His attorney, Bill Satterberg, told the Fairbanks Daily News-Miner that "badge-heavy park rangers" flagged down Wilde for a boat safety inspection on the Yukon River, then "roughed him up" and pointed a shotgun at him.
Satterberg said Wilde told the two rangers it was unsafe to board his boat in the middle of the river and said he would go ashore with his passengers - his wife, Hannelore, 73, and their friend, Fred Shank - and meet them.
"Nobody boards each other on the Yukon River," Satterberg said.
The trio had been boating up the Yukon River near Woodchopper Creek, downriver from Eagle, while hunting Thursday, when the two rangers approached.
Satterberg said the park rangers followed Wilde as he motored to shore, with one pointing a shotgun at him.
After reaching shore, Wilde was anchoring his boat when "the next thing you know he was knocked to the ground," Satterberg said. "They roughed him up a little bit by rolling him around in the mud."
Wilde has pleaded not guilty to four misdemeanors: interfering with agency function, violating a lawful order, disorderly conduct and operating an unregistered boat. Each charge is punishable by six months in jail, a $5,000 fine, or both.
Satterberg described Wilde as "a classic, old, crusty Alaskan" who will have his day in court.
Assistant U.S. Attorney Stephen Cooper told the Daily News-Miner he could not elaborate on any details of the case because he was "strictly limited to the public record."
According to the charges Cooper filed against Wilde in federal court in Fairbanks, Wilde threatened, resisted, intimidated and intentionally interfered with a park ranger during an official duty; fled when he was ordered to halt; and recklessly created "a risk of public nuisance and violence by engaging in threatening and violent behavior in the form of maneuvering his boat toward the path of a law enforcement vessel, and in other ways."
Murkowski issued a news release Tuesday calling the circumstances of the arrest "questionable" and the behavior of the arresting officers as "provocative."
"The initial reports I've received indicate that Park Service personnel overreacted in this case," said Murkowski, who is involved in a campaign to keep her seat in the Nov. 2 election. "This incident calls for a full review of exactly what happened." National Park Service spokesman John Quinley declined to discuss any details about the incident. [/SIZE][/FONT]
 
This is in no way a legal opinion but having discussed various jurisdicational issues with the multitude of law enforcement entities that patrol our waters (Sherrif, Conservation Officer, Water Patrol, USCG, Corp of Engineers etc) I have found that each state around here essentially grants authority to ANY law enforcement body that wishes to patrols its waters. They basiscally say, "hey, if you want to put a boat on our lake and patrol it at your cost, have at it."
 
Again not a legal opinion, but it is my understand the U.S. Forest Service has some of the highest authority in the US. Basically what I was told they out rank almost every body else, kind of like the US marshal??

But then again I did not sleep at a holiday in last night (Grin) so take it with a grain of salt....
 
Yes, you have to be careful about a 70 year old man & woman on the waters, they could be PIRATES! AR! AR! AR! :smt101
 
In michigan the dnr has more power than the state police of sheriffs officials,and i belive there is a bit of angst over that.
 
Hopefully this is not too much of a thread derail. I generally have the utmost respect for anyone who puts on a badge. My brother in law worked himself up from motorcycle policeman to Captain in a reasonably large metropolitan area police force and has told me stories that make me think that humans may be devolving instead of evolving.

Given that, last week I was pulled over and cited while driving for failure to signal a lane change. The kicker is that I know absolutely I did signal in this case and besides that I always signal when I change lanes because I drive a Miata in the land of SUVs and 4x4s and you damn well better signal or you'll end up as roadkill. This was my first moving violation in nearly 20 years and when I said to the officer, "you know and I know that I did signal back there," he just looked at me and kept writing.

Again, I have utmost respect for the job LEOs do but there are some idiots out there who make it tough on the rest of their profession by their bad behavior. Not to say that this was the case about the boating incident.
</end off topic rant>
 
beernutz said:
Again, I have utmost respect for the job LEOs do but there are some idiots out there who make it tough on the rest of their profession by their bad behavior.</end off topic rant>
Click to expand...

Sounds like a lot of professions....


My father was with the National Park Service (which is what the article talks about ..not the USFS..) He absolutely had the authority to make arrests or stops anywhere, anytime not just within the confines of the Park at which he was stationed. The places we lived were generally somewhat remote and did not have much 'local' presence. Their 'authority' was usually welcomed by the locals and also respected.
 
When I was a park police officer, we could stop anyone on or near public lands. I can only imagine what percent of Alaska that might encompass.
 
Just to re enforce in Michigan the DNRE does not need a search warrent like the police.
 
I hate stories like that. The NPS do a great job of patroling Lake Powell and are the only search and resuce operation available. On those sudden storms that are so common its amzing how hard they work rescuing boaters who don't heed there find a safe anchorage warnings. I've listened to CH16 all night as sinking boaters who can't identify there position are finally found by the NPS.
 
You guys read to far into things !!. If you are doing NOTHING wrong ??

Whats the BIG fret about who stops you ???. :huh:
 
My mistake it was the NPS not USFS. My question is what NP is part of the Yukon River. I am researching.

The feds takeover of Alaska has been a very sticky issue. Jurisdiction is an issue for me. If a NPS officer is 40 miles from a national park boundary then I feel he has no jurisdiction.

I once got a ticket from a NPS officer (before 9/11) because he said I needed a federal license within a national wildlife refuge. I challenged it in court as I was on state land (high water mark of a navigable river). It was tossed out.
 
This has taken a new twist:

http://www.adn.com/2010/09/30/1480077/state-supports-man-arrested-on.html


I think I stated this (From ADN Article):

"The attorney general's office has filed a "friend of the court" brief on Wilde's behalf, saying the National Park Service did not have the authority to stop Wilde's boat."

I also stated this!

".........Park Service regulations the state says are encroaching on Alaskans' rights as they use state waterways bordering or bisecting federal land, in this case, the Yukon-Charlie Rivers National Preserve."

It is about time Alaskans start taking on the Feds!!!!! Go Parnell!:thumbsup:
 
Some LE's are just out of control. I know quite a few of them that are great guys.....it just pays to be known by them. We always wave and are friendly but we draw the line at nonsense. Don't think your getting on my boat with big black marking boots or in my cabin. They can see all my documentation and safety gear from their boat. We are inland only boaters and don't deal with the Coast Guard but the CG Auxillary here are very helpful and guests at our club. There is no reason to board anyones boat unless it's at the dock in my opinion or I'm under arrest, Mike.
 
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