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Commercial Services (Outfitter and Guide) Toolbox

This toolbox contains resources for managing commercial services (outfitters and guides) in wilderness. It provides information on BLM, FS, and FWS agency policy, an FWS permit process example, generic process guidelines, and examples of FS needs assessments, operating plans, and monitoring guides. In addition to the resources provided here, you may also be able to obtain advice and recommendations through discussion on Wilderness Connect. Date of last update: 11/28/12.

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Commercial Service Introduction
Outfitters and Guides are commercial services allowed in wilderness under the Special Provisions section of the Wilderness Act of 1964 (Section 4(d)(6). The outfitters and guides can provide necessary and enjoyable services to visitors seeking a wilderness experience. Determining if outfitter and guide services are necessary, how many outfitter and guide permits to issue, and accomplishing adequate administration of outfitter and guide permits is a challenging task for wilderness managers.

For the wilderness management agencies, the first step is to address the need for and role of outfitters and guides and identify the amount of wilderness recreation capacity (if any) to be allocated in the forest plan. This is typically accomplished through preparation of a Commercial Services Needs Assessment for each wilderness, a group of wilderness areas or a unit (area, forest, park, or refuge) whether there are existing outfitters under permit or not. In addition, a capacity determination should be prepared to insure that the allocation of user days to commercial services is at a level compatible with the wilderness resource and the wilderness experience of all visitors. A Needs Assessment should also articulate why the extent of commercial services authorized is necessary for achieving the goals of the Wilderness Act. Finally, managers need to consider the cumulative impact that result from a group of individual service providers acting collectively.

Commercial service providers are also a major part of the wilderness information and education effort. Outfitters and guides are constantly modeling behavior and techniques for low impact wilderness use and are often sources of information for clients and other visitors. Outfitters and Guides should be included in wilderness education plans and provided with information on Leave No Trace ethics, wilderness management issues and the wilderness resource. Outfitters and Guides may also be used as sources of information for managers and can often help in understanding of issues and the resource.

The 2004 Ninth Circuit Court Decision regarding commercial packstock operators in Forest Service Region 5 may have ramifications across the National Wilderness Preservation System. A NEPA analysis (EA, EIS, or CE) may or may not be necessary to support the Commercial Services Needs Assessment. If the forest plan (or wilderness plan tiered to the forest plan) provides adequate direction, standards, and guidelines, a forest plan amendment may not be necessary. If a forest plan amendment is necessary a NEPA analysis may be necessary depending on the significance of the action to be taken. Consult with your forest planning staff and your regional wilderness specialist for more specific guidance.

Examples and other resources are provided to assist managers in following the direction of law and agency policy regarding outfitters and guides and wilderness.

Training for wilderness managers and permit administrators on the various aspects of commercial services in wilderness is not provided by the Arthur Carhart National Wilderness Training Center. Contact the agency national or regional wilderness program manager for information on training opportunities.

Agency Management Information

Needs Assessment, Extent Necessary, Allocation of Use

Purpose and Need
1. Overview
2. Basis in Law
3. Basis in Agency Policy
  1. Bureau of Land Management Policy
  2. Fish and Wildlife Service Policy
  3. Forest Service Policy
    1. Special Uses Handbook FSH 2709.11
4. Relationship to Agency Planning
  1. National Forest Planning
5. Determining Need, Allocating Use and NEPA
6. Judicial Decisions
  1. High Sierra 2004
  2. High Sierra 2008
Definitions
Methodologies
1. Needs Assessment
2. Capacity Determination, the extent necessary and allocation of use
Process Template
1. Needs Assessment, Extent necessary and Allocation of Use Template
Examples
References

Needs Assessments Outlines

Bridger Teton NF Outline

Needs Assessments Examples

Analyses, Scoping, Prospectus, and Screens

Operating Plans

Monitoring Tools

Training Materials

FS Northern Region (R1) 2005 Workshop Agenda
FS Intermountain Region (R4) Agenda
Gila Wilderness Agenda
Gila Wilderness Poster
Commercial Services in Wilderness Outline
Needs Assessment Training Outline
Wilderness in the Courts Webinar Series
Session 1: Commercial Services
This webinar was held on November 15, 2012 at 12:30 PM Eastern time. The 90-minute session featured Peter Appel, the Alex W. Smith Professor of Law at the University of Georgia Law School, and introduced participants to existing case law that decision-makers can use to make more informed decisions regarding the extent to which commercial services are necessary in wilderness.
1. PowerPoint
Resources
1. Gila NF Handbook Supplement
2. Wilderness Stewardship Reference System (WSRS)