The Newport Daily Express has reported on pre-trial happenings concerning the accused Big Jay cutters. In a surprising turn of events, Paul Poulin fired lawyer David Sleigh during a closed door hearing recess. According to the article, Poulin was specifically concerned about Sleigh’s inability to answer what happened to a motion to dismiss the charges.

The article details issues concerning how valuation of the forestry damage is being measured.  While estimates for replacing the cut trees at nearly $48,000 seems unreasonably high, the damage is almost without a doubt measured above the $1,000 felony charge level. A plea could be dependent upon how the damaged is valuated.

Pre-trial hearings continue later this week and the prospect of a jury trial is not out of the question with a jury potentially determining the issue of damage valuation.

•  Accused illegal Jay trail cutter fires attorney, insists he has deal with the state

The following release from the VT Department of Forests, Parks and Recreation has recently circulated the internet via forums. While no official press release has been made on the ANR web site nor the VT Department of Forests, Parks and Recreation web site, the release looks official. A public meeting will be held at Jay Peak Resort on August 6th at 7 P.M. in the Tram Lodge for concerned persons to provide input on the issue, resolution, and continued work to restore the Big Jay cut.

This proposal is much the same as the backcountry community suggested at the last public meeting at Big Jay. It is unfortunate that the powers that be created a hostile situation rather than taking immediate action on suggestions from backcountry skiers and riders that attended the December meeting and offered win-win proposals such as the one detailed below. Hopefully all parties and persons involved can reconcile and agree that this is the best solution for everyone involved and for the restoration effort.

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John Atkinson has posted a response to editorials written by Ben Rose (Green Mountain Club) and Adam Howard (Backcountry Magazine) regarding the cut on Big Jay. The article, posted on VTsports.com, is a revamped call to action for backcountry skiers to organize and for outdoors organizations such as the Green Mountain Club to support such organizational efforts. Atkinson articulates the crux of the backcountry cutting issue succinctly in his article:

The difference between breaking branches and cutting trees with chainsaws is only a matter of degree. If we don’t have permission, we shouldn’t do it. But this highlights the issue/problem that there are only a few small, mainly private, places where this type of work is currently planned and permitted.

On one hand, backcountry cutters are aware they are violating laws by taking the matter into their own hand. This is clearly an illegal and ethically unsound activity. However, backcountry skiing has not been fostered, developed, or supported by outdoors clubs, state governments, or regional skiing organizations. The number of officially maintained backcountry trails dwindled following the development of lift serviced skiing and no official backcountry glade program has ever been instituted in any New England state aside from a couple privately and co-operatively owned ski areas. Perhaps backcountry skiers should not be taking to the woods with loppers and hand saws to trim lines (despite many doing so in environmentally sound and sustainable ways, unlike the Big Jay cut). However, high demand and short supply has forced many hands into action. A coming together of backcountry skiers and local clubs, organizations, and governmental agency to redirect illegal efforts into sanctioned backcountry skiing runs would be a welcome solution.

• The Enemy

Green Mountain Club member and Backcountry Magazine editor Adam Howard has responded to Ben Rose’s recent article in VTsports.com about the Big Jay cut. Adam presents many of the common themes and arguments that are representative of the backcountry perspective.

Howard suggests that Rose is missing a key opportunity to lead rather than posture on the issue. Specifically, the article suggests that the Green Mountain Club could utilize the Big Jay issue to attract backcountry skiers to the GMC, increase club membership, educate the backcountry skiing community, and utilize the good will to mobilize efforts to promote legal and sanctioned backcountry cutting activities. This sounds like a win-win-win solution rather than a cease and desist ultimatum.

• A Cut by Any Other Name

Ben Rose, Executive Director of the Green Mountain Club, has recently addressed skiers and riders in regards to backcountry access. In the VTsports.com article, Ben Rose continues hostile attacks and posturing rather than inviting a dialog. Having an actual conversation might force Ben Rose to concede that the problem is not just illegal cutting but a lack of official access and maintenance for backcountry tree skiers.

Rose’s defiance of logic is most acutely displayed when he writes that “If you can’t hack it, don’t hack it” as if to suggest Vermont has an abundance of naturally occurring glades that don’t need pruning. The fact of the matter is that nearly all tree skiing in New England is maintained with very few locations sporting respectable spacing. Speaking on a personal note, I love tight lines and thwacking through brush to earn a few yards of powder turns. I can hack a lot of things but it is hard to hack tree skiing in New England, even in Northern Vermont, without a little assistance. To suggest that the few naturally occurring glade lines in Vermont are enough to satisfy the masses of tree skiers–that yes, can indeed “hack it”–is naive.

The article approaches its conclusion with a statement that “Sorry, but we need to have a serious conversation.” Why the apology to begin a statement of truth? The insinuation seems to be that the backcountry skiing community does not want nor is ready for such a conversation. We DO need to have a serious conversation.

This conversation needs to be approached seriously by both sides of the issue. Hard line conservationists must realize that the reason this has become such a serious issue is because of pent up demand and no official and legal outlets for the activity. This “problem” will not go away by having a one way so called conversation. Rather, this issue needs to be addressed with both sides admitting the faults of their arguments, stop posturing, and find some compromise and middle ground. Otherwise, the calls to stop trimming tree lines will simply be ignored and the practice will continue business as usual but with perhaps a little more stealth due to the Big Jay incident.

Great lines are almost always made, not found, unlike what Mr. Rose’s article suggests. Considering the article title suggests addressing the “Future” of the Backcountry, it seems like Rose is only looking backward instead of realistically looking forward. Cease and desist ultimatums are never appropriate when trying to have a “conversation” and addressing the root cause of a problem.

• Jailhouse Chute and the Future of Backcountry