2015 Random GPS Audits

To conduct spot checks, the borough asked for GPS data from each operating commercial ski tour company covering five separate random days. The randomly selected dates were:  March 22, March 24, March 30, April 4, and April 6.

The report and follow up investigation of the reports are the result of collaboration with Takshanuk Watershed Council and conversations with BLM. There were two violations involving Alaska Heliskiing, and that company was fined $150.00 per violation for a total of $300.00. In addition, two landings by SEABA occurred on Bureau of Land Management (BLM) property and were permitted by BLM. The feedback from the BLM was as follows:

In your case, it is clear that the Haines Borough's code closure (closing the subject BLM area to heliskiing) is preempted by federal law as it applies to BLM lands because it impermissibly conflicts with federal law, in that it stands as an obstacle to the full purposes and objectives of FLPMA in this instance (i.e., BLM's implementation of FLPMA allowing for heliskiing in the subject area). See U.S. Supreme Court's decision in California Coastal Comm. v. Granite Rock Co., 480 U.S. 572 (1987): https://supreme.justia.com/cases/federal/us/480/572/case.html.  State and local governments may not prohibit land use activities on federal lands which the federal land managers have authorized pursuant to federal law. In this regard, the Borough's role is limited to working with BLM to propose closures, requirements, or restrictions for such activities.

Accordingly, SEABA was not found in violation for these landings.

Note:  The third commercial ski tour operator, Alaska Mountain Guides, did not operate during the 2015 season.