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Greetings from Oregon,
"Whatever it's been, it's never been boring." While I believe my wife, Phyllis, was originally referring to living with me, it has certainly been true about this winter in Portland and in the mountains. Day to day the weather has seesawed from howling snowstorms to balminess. But, of course, it's all been fun.
We had a lovely weekend of moonlight snowshoeing and snow camping and today is a real stunner with sun and blue skies, providing a preview of the coming spring and summer.  Plus the crocus are blooming!
We are going to celebrate Spring Break this year by going on a Snow Adventure. We have rented a cabin on Mt. Hood and will XC ski, snowshoe, downhill ski or snowboard, go tubing, just play in the snow and hang out by the fire. This is for all ages and would be a great family outing. See below for all the details.
Since the moonlight snowshoe outings have been so popular and fun, we'll schedule one more for March 31.
There are lots of outdoor skills training activities and very cool trips coming up as well.
If you are looking for a super experience for your young person, check out the Smith Rock Youth Camp in June.
Gift Certificate Winner
We participated in a Health Fair at Reed College last month and the drawing winner was - Daniale Dugger. Daniale, please get in touch and we'll send you your gift certificate.
Read on for descriptions of our upcoming trips. In the Tips Section is a copy of the written testimony I presented to the Oregon Legislature regarding a proposed bill requiring the use of electronic signaling devices.
We hope you can join us for your next adventure.
Past newsletters are available at the OPA Website
As always, our intent is to send this newsletter only to people who wish to receive it. If you don't want it, please click the Unsubscribe link at the bottom of this email. There you will also find a link which allows you to send this eNews to a friend or colleague. We invite you to take a trip with Oregon Peak Adventures. You may sign-up by e-mailing us at info@oregonpeakadventures.com, calling us at (877) 965-5100, or using our secure form.
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TIPS
Comments on a Bill Requiring the use of Electronic Signalling Devices
Last month, I attended the Annual Meeting of the Oregon Guides & Packers Association in Salem, Oregon. At the meeting I was elected Vice President for Mountaineering.
I additionally took the opportunity to testify before the Oregon House Government Accountability and Information Technology Committee which is considering a bill requiring the carrying of electronic signalling devices when above treeline in Oregon.
Here is the bill as initially proposed:
House Bill 2509
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 401.625 is amended to read:
401.625. (1) A person who engages in mountain climbing during the months of November, December, January, February and March shall use an electronic signaling device when climbing a mountain at a point above the timberline.
(2) A person who guides for compensation an organized group that includes children under 18 years of age on any mountain at a point above the timberline [must] shall carry an altimeter, an electronic signaling device, a contour map of the area and a compass.
401.605 Definitions for ORS 401.605 to 401.635. As used in ORS 401.605 to 401.635: (1) "Electronic signaling device" includes, but is not limited to, a system consisting of an instrument which emits a radio signal, designed to be carried on the person, an instrument for locating the source of such signal, designed to be utilized by searchers and such instruments as may be employed for testing and maintaining the same.
(2) "Inherent risks of wilderness travel and mountain climbing" includes, but is not limited to, those dangers or conditions, the risk of which is an integral part of these activities, such as becoming lost, incapacitated or for some other reason being unable to return safely without outside assistance. "Inherent risks" include the activities associated with search and rescue, due to the unpredictable circumstances under which search and rescue operations are conducted.
(3) "Wilderness travel" includes, but is not limited to, travel in areas not served by roads suitable for ordinary motor vehicles, whether or not such areas have been officially designated as wilderness areas. [1987 c.915 �1; 1993 c.18 �95]
Subsequent amendments to the bill have limited its applicability to just above 10,000' on Mt Hood.
Here are my written comments on the original bill:
I am Joe Whittington, owner of Oregon Peak Adventures, a Portland-based Guide service. OPA has been in business since 1998 and has guided hundreds of clients on climbs, hikes, backpacking trips and outdoor skills training activities in the Pacific Northwest and internationally.
Introduction
Prior to the passage of House Bill 2509, the Legislature needs to evaluate the cost/benefit of the regulation and the infrastructure required to implement it, as well as the political reality of it actually being enforced. A possible outcome may be the expectation of entitlement to a rescue effort in every circumstance. Expertise cannot be legislated, but expanding access to fairly priced guide services would at least provide the opportunity for inexperienced climbers to climb with capable guides.
My comments regarding House Bill 2509 follow. I will cover these topics:
� Electronic Signaling Devices
� Implications of House Bill 2509
� Oregon Peak Adventures Risk Management Practices
� Restriction of Guide Service Availability in Oregon
� Conclusions
Electronic Signaling Devices
Under the definition of an electronic signaling device, the two most likely devices are the Mountain Locator Units (MLU) or personal locator beacons (PLB). Neither cell phones or GPS receiver would appear to come under the definition. At this point in time, the MLUs are only used on Mt. Hood and individuals would need to purchase PLBs on their own. A quick check indicates a price range of $450-$550 for the ACR brand beacons at REI. It is my understanding that the MLU technology is nearing obsolescence and will likely be replaced with the PLBs. I assume this would cause difficulties in expanding the use and maintenance of the MLUs.
Implications of House Bill 2509
� I personally support the use of electronic signaling devices and will always use them where there is an established protocol in place to support their effectiveness like the MLUs on Mt. Hood. However, I do this because it is my choice. Passing a law would be unlikely to convince me one way or the other.
� If House Bill 2509 becomes law, who will enforce it and how will it be enforced? Which "public bodies" will specifically be established and funded to monitor and enforce this law? The County Sheriffs are responsible for SAR coordination and the State Police appears to be the responsible agency for regulating the devices. The US Forest Service can not even afford to provide a Climbing Ranger position with benefits on Mt. Hood. Will the Oregon Legislature fund Signaling Device Ranger positions?
� Will electronic signaling devices be made available throughout Oregon to be easily obtained for all participants of above timberline activities? How will this be funded and will the infrastructure be put into place to purchase, maintain, track, and distribute the devices?
� It is possible that the infrastructure costs of setting up an effective system to support the use of electronic signaling devices would be greater than the current costs of rescues. Has a cost/benefit analysis been conducted? Is this the most critical use of our resources?
� Is it realistic to expect that the public bodies will impose and collect the $500 fines as provided for in the regulation? To be applied fairly, it should be collected in all instances of violation, whether the violators survived or not. Would this result in an individual in need of rescue to delay the call for help until it was too late for a successful recovery?
� Would the passage of this regulation imply that anyone who activates the device can expect to be rescued? This could lead to even more reckless behavior due to a sense of security and expectation of a guaranteed rescue effort. If the rescue effort is unsuccessful, would the rescuers then be held liable? The bulk of the on-ground personnel are volunteer organizations such as Portland Mountain Rescue. Will the State of Oregon indemnify them and represent them in the event of a lawsuit?
Oregon Peak Adventures Risk Management Practices
I am a believer in utilizing modern technology to increase the effectiveness of risk management and to improve the comfort and enjoyment of an activity. I am also a great believer in expertise over non-learning experience and cluelessness. Repeatedly getting away with practices which in adverse conditions can lead to a survival emergency, may constitute "experience," but does not equate to expertise. Expertise comes from study and practice of the appropriate skills to avoid situations which are more hazardous than the participants can handle on their own, and the capability to extract one's group from situations in which the objective dangers have resulted in major stresses on the group.
Oregon Peak Adventures' operational procedures emphasize risk management by requiring that guides have skills appropriate for the activities they are leading and carry appropriate medical supplies, and communication and navigational equipment. In the Pacific Northwest, we carry cell phones and FRS radios for communication and utilize map, compass, altimeters, and GPS receivers. Additionally, all our guides are required to have made the trip prior to guiding it on their own and to be current Wilderness First Responders. On international trips to remote areas, we also carry satellite phones.
We are conservative in our assessment of terrain, condition of party members, and constantly evaluate the weather conditions and forecast when deciding to embark on a trip and when making a decision to turn around or continue
OPA has been fortunate in that we have never had an incident. I say fortunate, because while we can manage risk, it is impossible to eliminate it. There are objective dangers inherent in almost every activity which can not be eliminated. Even avoiding exercise of any kind carries the risk of heart and other systemic diseases. We are probably exposed to the most risk while driving to and from our outdoor activities than in the backcountry, but that is why we require our clients to sign liability release forms. However, by utilizing the best techniques and assessment skills we can minimize the risks we face.
We do not use MLUs, for reasons I will discuss below. Nor do we use PLBs. All of our guided trips are well scouted and we know the terrain. We also know where we can get help and communication coverage in the areas where we operate. I consider the current price of a PLB not to be cost effective for our current operations.
I am also a climb leader for the Mazamas Mountaineering club and lead Mt. Hood climbs for the Mazamas as a volunteer. Since they became available, I have always carried a MLU on Mazama and personal Mt. Hood climbs.
Restriction of Guide Service Availability in Oregon
Why does Oregon Peak Adventures not use MLUs? The fact is that we are not allowed to guide any peaks in Oregon, including Mt. Hood, where the use of MLUs is supported by the rescue infrastructure.
We do not understand why we are not allowed to guide climbs or other activities in designated wilderness areas in Oregon. It definitely has an impact on our long-term financial viability and ability to offer services to our clients and employment opportunities.
We have permits to operate in many of the Wilderness areas in the Gifford Pinchot National Forest in Washington. However, the US Forest Service has not issued any new commercial permits since 1989 for guide services in Oregon Wilderness Areas, and since 1999 has annually denied our requests without explanation for permits to guide Oregon peaks. The result is that there are only two commercial guide services which guide climbs in the Oregon Cascades who remain in business since they received their permits in 1989. It seems especially bizarre that the second most climbed mountain in the world only has two guide services available.
It is ironic that the SECTION 1. ORS 401.625 (2) states that: "A person who guides for compensation an organized group that includes children under 18 years of age on any mountain at a point above the timberline [must] shall carry an altimeter, an electronic signaling device, a contour map of the area and a compass." This regulation will only apply to the very small group of individuals who work for either of these two companies in the Oregon Cascades.
The impact of the US Forest Service maintaining what is essentially a commercial guiding monopoly on Mt. Hood is monopolistic pricing. For example, Timber Mountain Guides charges $425 for a one-day South Side climb of Mt. Hood. This includes a half day snow practice and a sno-cat ride to the top of the Palmer snowfield, and guides. It does not include transportation, personal climbing gear, or food. For $450, Oregon Peak Adventures will take you on a three-day climb of Mt. Adams, which includes transportation, meals, personal and group climbing equipment, tents, guides and permits. I believe this trip is fairly priced.
So what's my point? I sincerely believe that the lack of choice and the high prices charged for guided climbs of Mt. Hood, and other Oregon Cascade peaks, result in many people climbing on their own, who would greatly benefit from having a guided experience.
Conclusions:
� It is unlikely that passage of this legislation will result in expertise becoming prevalent among the majority of the people climbing Oregon peaks.
� Passage of this bill could result in the expectation of guaranteed rescue and result in even more reckless behavior.
� Legislation with unfunded infrastructure and means of enforcement is ineffective and pointless. If the Legislature passes this bill, it must first determine the cost/benefit of the regulation, and, if that is positive, also provide funding for it to actually function.
� Expanding the availability of affordable guide services for Oregon peaks will provide the opportunity for inexperienced climbers to go with guides with expertise. |
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