If you're going to the Niobrara River this summer to canoe or tube, leave your Mardi Gras beads and dry ice at home.
If you're going to the Niobrara River this summer to canoe or tube, leave your Mardi Gras beads and dry ice at home.
Styrofoam cups and coolers are not welcome either. Nor are pony kegs, party balls or beer bongs.
And don't even think about lashing more than than five canoes, kayaks or tubes together while floating down the 76-mile stretch of scenic river managed by the National Park Service.
"On some national scenic rivers and other areas, people are using dry ice and throwing dry ice," said Dan Foster, superintendent of the Niobrara National Scenic River.
The "dry ice bombs" could injure people and are not good for the environment, he said.
But what about the beads? How dangerous can they be?
Mardi Gras-style beads contribute to a party atmosphere on the river, Foster said. People use them to entice others to take their clothes off.
"They throw people beads and they don't always catch them and they go into the river," he said. "The beads are a hazard to wildlife and a litter problem."
These are just some of the items and practices that could be outlawed soon along the stretch of Nebraska's most popular recreational river. Violations could result in fines or other penalties, Foster said.
The proposed regulations, which are awaiting Foster's signature, are listed in a document called the superintendent's compendium, which, he said, clarifies or stipulates things that are allowed or not allowed.
Federal regulations already have been in effect for the 9-mile stretch of the river that borders the Fort Niobrara National Wildlife Refuge. The new rules would apply to the entire 76-mile stretch managed by the Park Service.
"I have responsibility to the people of the United States and under the Wild and Scenic Rivers Act to manage the scenic river," Foster said.
The Niobrara received federal protection in 1991.
Rich Mercure, owner of Little Outlaw, one of many outfitters on the river, believes some of the regulations go too far and could keep people away and hurt business. Thousands of people - some say as many as 60,000 - visit the river annually.
"There are some things that we know are right or wrong, like Styrofoam and glass," Mercure said. "But does it have to be a ticketable offense?"
He said one of the provisions in the compendium - a ban on metal stock tanks - will hurt his business. He has six of them and has gotten a special permit for this season only.
"We won't be able to use them anymore," Mercure said, pointing out that there is no state law prohibiting the use of stock tanks for floating on rivers. In fact, he said, the state's tourism department promotes the practice on Nebraska rivers, including the Loup.
"If it's OK to do it there, what's wrong with doing it here?" Mercure asked. "What it really boils down to is somebody's pet peeves becoming a ticketable offense."
Foster acknowledged the regulations are more restrictive. He said the federal agency will accept public comment on them until Tuesday, and he plans to have them in place on June 1.
"The primary goal is to protect the public who comes to visit the resource, to protect the public and park service from litigation and to protect the resources," Foster said.
Six distinct ecosystems blend along 76 miles of river, which is dotted with seeps and waterfalls including the state's highest, Smith Falls. Several hundred bird and plant species live there, too.
Foster said the new regulations will be in place until a river management plan is completed. He hopes to start that process this year if funds are available.
Jim Ducey of Lincoln, who has done extensive research on birds and the history of the Niobrara, said the goals of the compendium are "laudable" but more work needs to be done on how penalties would be enacted and how the proposed rules apply to private property within the boundary of the scenic river area.
He also questioned the legal basis for the new rules. Ducey especially objected to a provision that prohibits "public assemblies and meetings" without a special permit.
"There should absolutely be no requirement to need a permit for a group to spontaneously or otherwise gather to talk about whatever they might wish to," Ducey said.
The Niobrara Council, which helps the Park Service manage the river in north-central Nebraska, could not be reached for comment.
Foster said some proposed regulations, such as those addressing business solicitations, have been taken out. Others could be modified, he said.
"If people show me they don't have a problem, we will take it out. If we have some problems, we will do something different."
Reach Algis J. Laukaitis at 473-7243 or alaukaitis@journalstar.com.
Posted in Local on Sunday, May 24, 2009 12:00 am
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