Bureau of Parks and Lands responds

In a July 13-14 commentary in the Bangor Daily News, Tim Caverly, director of Maine’s Public Employees for Environmental Responsibility (PEER), makes several incorrect and misleading comments about the Bureau of Parks and Lands’ position on the enforcement of its rules and regulations. We feel it necessary to address his letter and provide the reader with the actual facts concerning rule enforcement at Maine’s state parks, historic sites, the Allagash Wilderness Waterway, and public reserved lands.

Several years ago, park managers brought to the bureau director’s attention that they believed the enforcement policy was too vague, unclear, and should be revisited. Bureau Director Tom Morrison agreed that the policy should be updated and that rules for state parks, historic sites, the Allagash, Penobscot River Corridor and public reserved lands should be revisited. In addition, management agreed that staff should receive appropriate, updated training. After several meetings, which included senior department officials, park managers, and others, a compliance review group was established. This group was comprised of field staff that represented the various facilities and properties managed by the bureau. Collectively, there are well over 100 years of field experience on the committee.

The committee agreed that the bureau’s basic philosophy of using the information – educational approach to gain compliance with bureau rules – should not change. This approach has worked well for many years and should continue. The compliance review group was charged with revisiting the established policy in order to clarify the employee’s role while enforcing bureau rules and regulations and to rewrite all rules so that visitors could expect consistent levels of enforcement at bureau areas. For example, Morrison felt that rules that apply to littering should be the same in the Allagash as on a campsite at Sebago Lake State Park. In addition, the committee has worked to draft rules that reflect actual practice at bureau facilities. Our hope is that both staff and visitors will better understand the reasons for our rules, making compliance an easier goal to obtain.

In his commentary, Caverly states that Director Morrison is proposing to repeal a long-standing prohibition on alcohol in parks. Currently, there is no rule prohibiting alcohol on public reserved lands, the Allagash Wilderness Waterway or the Penobscot River Corridor. The rule prohibiting alcohol applies only to state parks and historic sites. To complicate matters further, it has always been the park system’s practice to allow campers to consume alcohol on their campsites as long as they are not intoxicated, disruptive or impose on others. The rule states that alcoholic beverages are not permitted, yet staff have allowed campers to consume alcohol as long as behavior is appropriate. The rationale for this practice is that campsites are more like homes or hotel rooms than they are like beaches or picnic areas. In day areas and historic sites, the rule has always been enforced and alcohol is not permitted.

Actually, the proposed draft would restrict the use of alcohol in many areas where it is currently not prohibited. At this time, the compliance committee is working to finalize any changes to the existing rules. It is not the intention of the committee to relax rules, but rather make them clear for everyone. People interested in providing input are welcome to attend the public meeting that will be held to receive comments from the public on proposed rule changes. We are very interested in hearing public thoughts on this matter.

Caverly would have the reader believe that the incident on the West Branch could have been handled by a Department of Conservation employee if the employee had been better trained. We have always believed that incidents such as this one must be handled by fully trained and equipped law enforcement professionals. We realize that it takes time to call properly trained and equipped enforcement officers to handle these difficult situations. Visitors to remote parts of the state accept this situation. The same situation exists for medical assistance in an emergency. Our employees are trained to assess the situation and to call for assistance when they feel the need. There is no documented evidence that would indicate that Bureau of Parks and Lands employees should be sent to an 18-week law enforcement training program designed for state police and municipal officers. The number and types of incidents occurring simply does not support this level of commitment and public resources.

The statutes give the director authority to designate employees to enforce the laws of the state of Maine. However, bureau policy has never allowed our employees to make arrests. When the bureau was consolidating its statutes it seemed reasonable to remove the arrest powers since we do not train our employees to make arrests and policy clearly prohibits such action. However, several employees thought that leaving that language in the law might be helpful should the need to arrest ever arise. Morrison listened to staff recommendations, and working with the legislative oversight committee developed language that met the needs of staff. This decision resulted from staff input, not PEER.

Caverly would have the reader believe that the Bureau of Parks and Lands, under the leadership of Director Morrison, is somehow negligent in its responsibilities. In fact, the opposite is true. Morrison has listened to staff and has worked with the bureau’s legislative oversight committee, to provide training and clear policy for both staff and visitors.

Each year millions of visitors enjoy wonderful experiences at our parks, historic sites and public lands. Following a proud tradition of public service and resource protection, the bureau will continue to enforce its rules and regulations so that visitors can expect that experience to be both enjoyable and safe.

This commentary was written by Steve Curtis, Tom Skolfield and Marilyn Tourtelotte, members of the Compliance Review Committee at the Maine Bureau of Parks and Lands.