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From: James Farrelly <JFarrelly5_at_comcast.net>
subject: [Paddlewise] Billed for a Rescue
Date: Sun, 4 Jan 2009 15:08:16 -0500
Speaking of rescues.

http://www.nytimes.com/2008/12/29/us/29rescue.html?_r=1&em



Jim et al
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From: Doug Lloyd <douglloyd_at_shaw.ca>
subject: Re: [Paddlewise] Billed for a Rescue
Date: Sun, 4 Jan 2009 13:12:01 -0800
Lots of search and rescue activity in BC last couple of weeks - some 
outdoors folks were prepared, other not, and some outeight knowingly in 
out-of bounds areas. I still think the direct out-of-bounders should be made 
to pay a fine or something.

However, we still need some folks pushing other boundaries once and awhile. 
McAuley adventure types okay by me. Just be prepared, please.


> Speaking of rescues.
>
> http://www.nytimes.com/2008/12/29/us/29rescue.html?_r=1&em
>
>
>
> Jim et al
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From: Dave Kruger <kdruger_at_pacifier.com>
subject: Re: [Paddlewise] Billed for a Rescue
Date: Sun, 04 Jan 2009 13:38:48 -0800
James Farrelly wrote:
> Speaking of rescues.
> 
> http://www.nytimes.com/2008/12/29/us/29rescue.html?_r=1&em

Reading the article carefully, it sounds like a bad law.  The criteria on 
which a fine is based are vague and so broad I bet a good attorney could 
beat those fines.

Mind, I am not opposed to the concept of fines, but would want them 
carefully applied.  Out of bounds skiers who willfully violate covenants to 
which they have agreed by buying a lift ticket at a controlled ski area, 
and who subsequently need a rescue, I could see the rationale for a fine. 
But, John or Jane hiker who go out on a nice sunny day on an easy, 
well-marked trail and forget to take a map ... and get lost?  That is maybe 
incompetence.  Negligence?  I bet there is a big fat road down which a 
defense attorney could drive his case in that situation.

We paddlers are in total limbo on this.  There are no codified standards 
for safe paddling conduct on open waters.  Chart?  Not required.  VHF?  Not 
required.  Compass?  Ditto.  Paddle float?  Dry top?  Bracing skills? Yadda 
yadda yadda The list is endless.  How would a paddler know what constituted 
negligent behavior or conduct?

Compare our situation to that of power boaters who need a rescue due to 
their incompetence.  None of them are being fined for rescues in Oregon, 
despite the substantial number who require rescue resources.  How about New 
Hampshire ... the state featured in the article?  Bet not.  To illustrate 
how slippery this slope is, what about a family in an SUV who slide off an 
icy mountain road into a deep ravine, all surviving, but unable to get back 
up to the road?  Do they pay for a haulout?  Bet not.  Certainly, failure 
to operate a motor vehicle prudently is negligence ... and is codified in 
chapter and verse in law.

New Hampshire is treading on very thin ice here ... perhaps they will need 
a bailout? (oops!)  I mean rescue!! [grin]

-- 
Dave Kruger
Astoria, OR
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From: Craig Jungers <crjungers_at_gmail.com>
subject: Re: [Paddlewise] Billed for a Rescue
Date: Sun, 4 Jan 2009 14:23:55 -0800
On Sun, Jan 4, 2009 at 1:38 PM, Dave Kruger <kdruger_at_pacifier.com> wrote:

>
> Reading the article carefully, it sounds like a bad law.  The criteria on
> which a fine is based are vague and so broad I bet a good attorney could
> beat those fines.


I agree. The only way they could make this stick is to have a (prominent)
sign at the trailhead specifically requiring that hikers stay on the marked
trails or risk paying for any rescues. At trails where hikers must sign the
trail roster this would be especially effective.

>
> Mind, I am not opposed to the concept of fines, but would want them
> carefully applied.  Out of bounds skiers who willfully violate covenants to
> which they have agreed by buying a lift ticket at a controlled ski area, and
> who subsequently need a rescue, I could see the rationale for a fine.


Absolutely!!! This has gotten completely out of hand lately. Also snow
machine (and x/c skiers) who ignore avalanche warnings.

We paddlers are in total limbo on this.  There are no codified standards for
> safe paddling conduct on open waters.  Chart?  Not required.  VHF?  Not
> required.  Compass?  Ditto.  Paddle float?  Dry top?  Bracing skills? Yadda
> yadda yadda The list is endless.  How would a paddler know what constituted
> negligent behavior or conduct?


Well, we *do* have to carry a whistle.

>
> Compare our situation to that of power boaters who need a rescue due to
> their incompetence.


Are they requiring a "boater's safety" card in Oregon yet? They require one
in Washington now except that I'm exempt due to my age. Apparently I'm
automatically qualified just based on the date I was born. I believe that in
BC they require one regardless. But not for kayakers.


>  None of them are being fined for rescues in Oregon, despite the
> substantial number who require rescue resources.  How about New Hampshire
> ... the state featured in the article?  Bet not.  To illustrate how slippery
> this slope is, what about a family in an SUV who slide off an icy mountain
> road into a deep ravine, all surviving, but unable to get back up to the
> road?  Do they pay for a haulout?  Bet not.  Certainly, failure to operate a
> motor vehicle prudently is negligence ... and is codified in chapter and
> verse in law.


"Driving too fast for conditions" is the catch-all they use here to give
people tickets for sliding off the road in snow or ice. Or probably anything
else.

When I was involved in SAR (many years ago) we actually looked forward to
rescue situations that allowed us to mobilize.The "real thing" is (or was)
better than any training exercise to show where we were lacking. Like the
coordinator who decided that amateur radio operators were no longer needed
because they had cell phones now. They carefully recharged all the cell
phones before each drill but somehow forgot to know far enough in advance to
charge them up for the real thing. LOL

Craig Jungers
Moses Lake, WA
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From: John H <seajohnkayak_at_yahoo.com>
subject: Re: [Paddlewise] Billed for a Rescue
Date: Sun, 4 Jan 2009 15:15:32 -0800 (PST)
  "...snip...Absolutely!!! This has gotten completely out of hand lately. Also
snow
machine (and x/c skiers) who ignore avalanche warnings. ... snip ..."Recently
been reading "Deep Survival" by Lawrence Gonzalez. You SAR types may already
know all he has to say.Others my find what the author has to say of interest
too about how some folks "get into trouble".Yes, i believe there may be a case
for filling for "rescues".I also believe there are many who venture into the
outdoors or into the wildness expecting a "Disneyland" experience.That ain't
gona happen other than in Disneyland.Safe paddlin' to you all in 2009.john 
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From: Craig Jungers <crjungers_at_gmail.com>
subject: Re: [Paddlewise] Billed for a Rescue
Date: Sun, 4 Jan 2009 15:31:40 -0800
On Sun, Jan 4, 2009 at 3:15 PM, John H <seajohnkayak_at_yahoo.com> wrote:

>
> I also believe there are many who venture into the outdoors or into the wildness expecting a "Disneyland" experience.
>
> That ain't gona happen other than in Disneyland.
>
> Safe paddlin' to you all in 2009.
>
> john
>
>
>
>
> Oddly enough, that is exactly my theory for so many problems with people
and the outdoors. I've called it the "adventure park" syndrome but I've also
alluded to Disneyland. Basically many people seem to have simply lost the
ability to recognize danger. Perhaps it's a result of being a member of a
culture that has so little first-hand experience with the outdoors and
lacking any basis for making good judgments.

People who live in Seattle will routinely drive across the Cascade Mountains
in winter dressed in pyjamas and slippers and never give it a second
thought. My wife and I tried to help a pair of these who had become locked
out of their (running) pickup truck at Traveler's Rest (a historic rest stop
at the summit of Snoqualmie Pass) during a snowstorm last winter. It was
about 1am. There they were in their jammies and slippes. They were in no
real danger (they could hide out in the heated bathrooms 'til someone showed
up to help) where they were but had they slid off the road there would be
every chance of freezing to death before anyone even knew they were in
trouble.

Dunno how to fix it.

Craig Jungers
Moses Lake, WA
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From: James Farrelly <JFarrelly5_at_comcast.net>
subject: Re: [Paddlewise] Billed for a Rescue
Date: Sun, 4 Jan 2009 19:40:17 -0500
On Jan 4, 2009, at 6:15 PM, John H wrote:

>  I also believe there are many who venture into the outdoors or  
> into the wildness expecting a "Disneyland" experience.


I  took a pontoon boat ride through the Okefenokee swamp over  
Christmas. While my family and I were waiting for the boat guide at  
the Ranger station a group of three redneck families started  
wandering down the nature trail. They quickly spotted  a 7 foot gator  
sunning itself on the grassy edge of the swamp. A dad in the group  
went up and started slapping it on the head and the gator hissed and  
jumped into the water. He turned in astonishment and yelled, " I  
didn't think it was real!"  The rest agreed that it was amazing that  
the gator was real. Real giant predators in a real giant swamp. How  
unexpected. Maybe the dude could find a Florida panther to try and pet.

Feeling a bit doomed as a species,

Jim et al
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From: Mark Sanders <sandmarks_at_ca.rr.com>
subject: RE: [Paddlewise] Billed for a Rescue
Date: Sun, 4 Jan 2009 17:25:55 -0800
Just think, that redneck got for free an experience that can usually cost an
arm and a leg!

Mark

-----Original Message-----

 A dad in the group went up and started slapping it on the head and the
gator hissed and
jumped into the water. He turned in astonishment and yelled, " I didn't
think it was real!"
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From: KYLE GASSMAN <kylegassman_at_msn.com>
subject: RE: [Paddlewise] Billed for a Rescue
Date: Sun, 4 Jan 2009 20:09:32 -0600
(Feeling a bit doomed as a species)
Darwin tagged it well. "Natural Selection."
It keeps the herd strong.
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From: Bob Carter <revkayak_at_aptalaska.net>
subject: Re: [Paddlewise] Billed for a Rescue
Date: Sun, 4 Jan 2009 17:31:25 -0900
   Hey gang,
     I could not open the link so I am not sure of the story that created 
this topic but as a member of SAR I know the Coast Guard if they are 
involved in a search will fine people if they are called out on false 
pretenses.
    Several years ago a power boater called in a "mayday, I am sinking". 
When the CG found him in his boat sitting on calm seas with no water in his 
bilge but he was quite drunk. They confiscated his boat and fined him 
heavily.
    A big dispute happened on Denali a couple years ago when a climber 
returned who had to be rescued twice before. The rangers wanted to kick him 
off the mountain but others  said they had no legal right to.

    As far as our local unit we have decided not to fine or charge people 
even if the search was a result of their own ignorance. We fear the word of 
a fine will cause others to search for friends and family themselves rather 
than call us until a lot of time has passed. The longer they wait to call us 
in the longer it takes for us to find them.
    We do however have a term called a "bastard search". This is when we 
first search the bars before going out  lest we be tramping through the snow 
while the "victim" is enjoying himself drinking with his buddy. The term 
comes from a search a while back when a hunter returned to town and hit the 
bar before going home. His family in the mean time thought he was still out 
in the woods and called search and rescue. When the news reached the 
searchers in the field the term "bastard search" was spontaneously created.
    Other units have reported missing teenager who were actually hiding at 
their boy friend/girl friends house.
    Back when I was a white water raft guide in West Virginia we faced the 
Disney syndrome in people who could not get into their heads that these were 
real rapids and yes they could eat you up. One lady tried using her paddle 
to latch on to the "cable that was towing us down the river". "Amazing" she 
said "you can't even see it". The "what me worry" attitude and the lily 
dipping style of paddling of some often got the raft in trouble. "paddle or 
we are going to die!", sometimes worked but I found as a pastor I had an 
advantage. Rather than praying all I had to do was say oh s_at_*#^ and folks 
woke up and started paddling hard.
    Also remember it is easy for us to sit back and say what another person 
does is crazy but remember going out to sea in our wee boats is considered 
by many to border on lunancy. I have read accounts of more than one sea 
kayaker having to presuade some government offical in a bananna republic 
that a seakayak was a safe boat along the coast.

Take care
Bob
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From: Bob Carter <revkayak_at_aptalaska.net>
subject: Re: [Paddlewise] Billed for a Rescue
Date: Mon, 5 Jan 2009 17:52:24 -0900
    Now that I have been able to read the full article I can better comment.
    What worries me about the pay for rescue is who decides what is reckless 
or reasonable? I have been called a damn idiot more than once in my river 
and sea kayaking days for some of the trips I have taken. I only found out 
recently that some in one of my former parishes considered me "crazy" for 
some of the trips I took risking leaving my wife a widow and my son 
fatherless.
    Do we really want to be in a position where some offical who has never 
been in a canoe on a calm lake fines us because we were late getting back 
because we decided to play it safe and hold up on an island because of the 
wind?  Do you want to pay out the nose because your dear sweet Aunt Melba 
paniced and called the police because she thought when you said you were 
coming back friday you  meant this friday not next friday? (My mom almost 
did this once while I was paddling in Florida)
    As a member of SAR we recently did a body search along the shore for a 
couple who had power boated up the Stikine River in a boat that was 
overloaded. Bad judgment but I would have hated to add to the grief of the 
family by charging the family for our efforts.
    I will gladly search for an "idiot" if it means someone did not hesitate 
to call in time for help. Up here in Alaksa we are in the  midst of a big 
cold snap and if a family member hesitates to call SAR it may mean the 
difference between life and death. With the difficult financial situation a 
lot of people are in some might hesitate to call SAR if they knew it might 
cost them $$.
    By the way I strongly recommend the folks on Paddlewise to get involved 
with your local Search and Rescue unit. You already have a vat amount of 
outdoor skills, i.e. map and compass navigation, GPS usage, wilderness savvy 
that is so important to SAR operations. Plus you already have a lot of the 
gear and clothing necessary for a SAR operation. Plus if the search is for a 
sea kayaker you will have the expertise of tides, currents and wind to lead 
the SAR team to the "most probable area to search".

stay found
Bob 
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From: <kayakwriter_at_aim.com>
subject: Re: [Paddlewise] Billed for a Rescue
Date: Mon, 05 Jan 2009 15:52:25 -0500
Interesting. I think outdoor adventurers make easy targets for
buser-pay/cost-recoveryb laws like this because webre a minority and are
often considered fringe oddballs. But if the threshold that trips this
standard is to be brecklessb or even only bnegligent,b letbs be
consistent, shall we? Urban ambulance call to restart the heart of your
typical overfed and under-exercised North American? Pay up please b the
dangers of obesity are well known and well documented. Not slimming down and
getting on a cardio fitness program is certainly negligent, arguably reckless.
Whatbs that b you smoke too? Therebll be a smoking surcharge, since that
ups the risks considerably. Insert your own variations for folks who drink
excessively, drink and drive, skateboard, watch too much TV, etc, etc. B B B 

B 
Cheers,

Philip


-----Original Message-----
From: James Farrelly <JFarrelly5_at_comcast.net>

Speaking of rescues.
http://www.nytimes.com/2008/12/29/us/29rescue.html?_r=1&em
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From: James Farrelly <JFarrelly5_at_comcast.net>
subject: Re: [Paddlewise] Billed for a Rescue
Date: Mon, 5 Jan 2009 16:00:49 -0500
On Jan 5, 2009, at 3:52 PM, kayakwriter_at_aim.com wrote:

> were a minority and are often considered fringe oddballs.


Well!
I have never been so insulted in all my life.
I am so upset that in order to feel better I will have to go put on
my rubber skirt and helmet, pick up my stick and go to the river to
commune with nature.

Jim et al
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From: Craig Jungers <crjungers_at_gmail.com>
subject: Re: [Paddlewise] Billed for a Rescue
Date: Mon, 5 Jan 2009 13:49:09 -0800
Just don't pee into your skirt. (grin)

Craig

PS: Yup... I have.

On Mon, Jan 5, 2009 at 1:00 PM, James Farrelly <JFarrelly5_at_comcast.net>wrote:

> On Jan 5, 2009, at 3:52 PM, kayakwriter_at_aim.com wrote:
>
> > we re a minority and are often considered fringe oddballs.
>
>
> Well!
> I have never been so insulted in all my life.
> I am so upset that in order to feel better I will have to go put on
> my rubber skirt and helmet, pick up my stick and go to the river to
> commune with nature.
>
> Jim et al
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