I have tried to find out how the GPS data is treated in other situations. To date, I've not been successful. I've heard from two operators representing 3 companies:
from Sean James, Co-owner & Lead Guide, Above & Beyond Alaska; Alaska Powder Descents (sean@beyondak.com; 907-365-2333, January 17, 2011):
We operate under permit with the U.S. Forest Service and are required to complete extensive operating, safety, and actual use plans each season. While the Forest Service does not track our operation via GPS we do include landing zone GPS coordinates for each trip and include the number in group, duration on federal land, exact dates, etc. at the end of each season....
Personally I don't have a problem with the data being public or being tracked. My thought is that if we follow the rules, we have nothing to hide.
from Geoff Gross, Operations Manager, Chugach Powder Guides (geoffgrossak@gmail.com, through Cassia in Reservations at akoffice@epicquest.com, 783-4330, January 15) in answer to my email:
Yes it is confidential.
I am reluctant to report these responses as a straight-up "no" and "yes." For one reason, the "no" from Sean James tells how he feels about the data but does not say how the agency (USFS) treats it. The test question would be to go to the agency and ask, "May I please have the GPS data?" If I can find the right person to ask, I will try to do that. The "yes" response just makes me nervous because it is so pat. I wish Geoff had cited the terms of the permit.
Next, my amendment. I am offering this amendment because I believe that there is a lack of trust in the public with respect to the Borough's willingness, if not capacity, to examine the data to determine that everyone is landing within the designated boundaries. I worded the amendment so that the public would have access to the results of the data, in line with the purpose for collecting the data in the first place, while maintaining the confidentiality of the raw data:
The Haines Borough Manager will publish a monthly report, no later than 10 days after the end of each reporting month to the community, that will include the names of ski tour operators who are a) delinquent in submission; and/or 2) are in violation of boundaries and flight paths; or 3) stipulates that all permit holders are operating in compliance for the period.
I am a little uncomfortable with the argument that all public activity on public lands/resource should be public. I think of fishing - another industry that operates on public lands under public management. Halibut permit holders must log the GPS coordinates when they drop their gear, even though everyone can see them put the gear in the water, and even though they are in public waters, harvesting a public resource. I have been told by two fisherman, Bill Thomas and Gregg Bigsby, that their hailbut gear coordinates are not publishable. I can see how having some other fishers exact coordinates would be great and give me, a newcomer, a leg up and unfair advantage.
I have had some conversations with Nick Trimble who explained to me the technical side of determining ski runs. Even though the data, when reported, would be only historical (the run would have already taken place; similarly the halibut gear drop is historical), I can see that one competitor knowing exactly where another lands could be an unfair advantage. I think the argument that "everyone can see where everyone else is" overlooks the power of those coordinates. Just as I can "see" where Bill Thomas has laid his gear, when I get to the general area there is a big difference between seeing approximately and seeing exactly. It is the exactness of the GPS coordinates that makes the difference.
However, it is up to the operators to convince the Assembly that the GPS coordinates do constitute "a trade secret." I don't want our thinking to get contaminated by our past experience with any specific operator. I am thinking of the future. We don't know who the operators will be in the future. We want to attract the best of the best. What do we need to set up to make this come to be? Does a positive climate require maintaining the confidentiality of GPS data? Maybe yes, maybe no. I look forward to the arguments both pro and con.
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