Sunday, February 19, 2012

Borough Duty to Report Heliski Activity


I support amended ordinance 12-01-279 which minimizes the question of whether or not heliski operator’s GPS data is proprietary.  It is my understanding that the purpose of the amended ordinance is allow the Borough to inspect the data, but does not require the Borough to take possession of the data.  The amendment eliminates the phrase “shall be provided to the borough,” which suggests that the data is to be delivered to the Borough and the Borough is to be in possession of the data.  Since the Borough will not take possession of the data, the Borough is not in position to release or not to release the data.   Nonetheless, the operators are required to produce the data for Borough inspection when asked, whenever asked.  

I believe that this amended ordinance, the result of which protects the heliksi operators GPS data from general distribution, restores trust between the operators and the government.[1]  I also believe that implementation of this ordinance will require Borough staff (in house or contracted) to interact directly with heliski operators at their place of business.  Everyone will get to know everyone a little better. That has to be a good thing.

However, the amended ordinance eliminated the stipulation that:

The Haines Borough Manager will publish a monthly report, no later than ten (10) days after the end of each reporting month to the community, that will include the names of the 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 recommend that the Assembly either restore this stipulation to the ordinance or adopt the stipulation as a formal policy of the Haines Borough.   I believe that this is essential in order to begin to re-build trust that the government will regulate as promised. 


[1] Much has been made of the lack of trust between the public opposed to heliski operations and the government. Little has been made about the breakdown of trust between the heliski operators themselves and the government.  Two heliski operators and two members of the now retired heliski workgroup have made written or oral statements describing their understanding that GPS data would be protected as proprietary by the Haines Borough.

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