With allegations of “eco-terrorism” raising the tenor of the conversation, the assembly Tuesday voted unanimously to hold heli-ski regulations largely static, and deny legislation to collect daily GPS data from heli-ski companies.
As it stands, the companies provide a mix of location data to the borough government. Some of it is self-reported, including general lists of areas flown and conditions. Other data is the precise helicopter flight path GPS data, but only on specific, random days requested by the borough — so-called “spot checks” — meant to ensure the companies are operating in compliance with their permits.
The controversial regulation change would have essentially collected the spot-check data not just on a small set of random days, but every day.
In advance of the meeting, borough manager Alekka Fullerton had written an opinion stating that the data is not proprietary for the industry, contrary to what representatives of heli-ski companies had argued in previous meetings.
During public comment, those representatives came out in full-throated opposition to the change, which was a version of a proposal recommended by the Heli-Ski Map Committee.
“We’re asking for a delay until there’s a constructive plan in place to ensure our information — which we believe is proprietary — doesn’t end up in the hands of people that will potentially abuse it,” Rhianna Brownell said.
“Last year we had no infractions, no fines, why are we talking about creating more policy changes when they’re not needed?” said Stellar owner Reggie Crist. “I question the motive… this would’ve effectively put heliskiing in Haines out of business.”
Francesca Ward, also of Stellar, called this past season “basically a perfect record for all operators,” questioning the need for more oversight.
It isn’t true that last year was a “perfect record” for heli-ski operators; in the four days of spot checks requested by the borough, Alaska Heli-ski landed out of bounds twice and was fined $1,000, according to a borough manager report.
Assembly members, however, focused more on undue burden the regulations would impose on the industry. That included two assembly members, Kevin Forster and Eben Sargent, who last assembly meeting had advocated for collecting the data. Since that meeting, they said, they had learned the process of recording and reporting the GPS data would be much more complicated than they had imagined.
“I thought this was a thing that was collected and easy to turn over,” Forster said. “It’s not like some user-friendly GPS thing that they have and are not sharing… is it possible? Sure. Is it onerous and more expensive and something we don’t apply to any other industry? Yes.”
One member of the Heli-skiing Map Committee from this year, Thom Ely, said in an interview this week the data could be used to protect mountain goat populations, but also as a tool to evaluate any possible expansions of heli-skiing areas. Data, he argued, would be relevant to any kind of management action.
“The borough is in the heli-ski management business whether they like it or not, and in order to be effective as a manager you need data,” Ely said. “They’re operating on public land. It’s not just their playground.”
Ely was part of a three-person group on the map committee, alongside Takshanuk director Derek Poinsette and then-assembly member Richard Clement, who voted to recommend the assembly pass a version of the GPS regulations.
Their recommendation was to request the past four years of data; when the industry said that data no longer existed, the policy proposal in front of the assembly was modified to ask companies to retain the next four years of data.
Ely maintains the intention of the extra data was to better regulate, not shut down, the industry.
Those motives, however, were questioned by some at the meeting.
“It seems like the only folks asking for the data are the ones trying to shut it down,” Forster said.
Assembly member Mark Smith agreed, but in stronger terms, calling the GPS data collection “agenda topic number one for the eco-terrorists.”
Ely spoke out in response from the audience, earning himself a gavel from Morphet. “Mr. Smith, are you calling me an eco-terrorist?” Ely said. “You were looking directly at me when you were speaking.”
For all the tension in the room, the assembly stood in lock-step, voting unanimously to hold heli-ski regulations largely the same as they have been in recent years.
But on the horizon, a larger debate could be coming. Assembly member Gabe Thomas said he planned to put on a future ballot the question of whether voters wanted the borough responsible for managing heli-skiing at all.
Sargent seemed to have a similar thought.
“I’m okay if we don’t manage heliskiing, but if we’re going to manage it, let’s manage it,” Sargent said, suggesting approving the regulations for a short period of time. “We can approve it, (the industry) can proceed for this season, then we can kick off a conversation with all stakeholders.”