Forest Order 09-09-24-02: BWCAW Bear Aware Food Storage Order

Forest Order

Order 09-09-24-2 (pdf) | Exhibit A (pdf) | Exhibit A (jpg) | Exhibit A-2 (pdf) | Frequently Asked Questions (pdf)

Prohibitions

Pursuant to 16 U.S.C. § 551 and 36 C.F.R. § 261.50(a), the following acts are prohibited on the Superior National Forest within the area described in this Order as Exhibit A the “Restricted Area” within the Superior National Forest.

1. In effect March 1-November 30 each year, except while being prepared, consumed, or under on-site visual observance, all food, food containers, scented items (such as soap, lip balm, toothpaste) and refuse shall be suspended at least 12 feet above the surface of the ground and not less than 6 feet horizontally from the trunk of a tree, or stored in an Interagency Grizzly Bear Committee certified bear resistant container. 36 C.F.R. § 261.58 (cc).

Exemptions

Pursuant to 36 C.F.R. § 261.50(e), the following persons are exempt from this Order:

1. Persons with a written Forest Service authorization specifically exempting them from the effect of this Order.
2. Any Federal, State, or Local Officer, or member of an organized rescue or firefighting resource in the performance of an official duty

Implementation

1. This Order will be effective on April 19th, 2024, and shall remain in effect until April 19th, 2026, or until rescinded, whichever occurs first.
2. A map identifying the Restricted Area’s are attached and made part of this Order as Exhibit A.
3. Any violation of this prohibition is punishable as a Class B misdemeanor by a fine of not more than $5,000 for individuals and $10,000 for organizations, or by imprisonment for not more than six (6) months, or both (see 16 U.S.C. § 551, 18 U.S.C. § 3571(b)(6), 18 U.S.C. § 3581 (b)(7)).
4. Further information regarding this Order may be obtained at the any Ranger District Office or located at the National Forest Supervisor’s Office in Duluth, MN, telephone number 218-626-4300.
5. This Order supersedes any previous orders prohibiting the same acts covered by this Order.

Done in Duluth, MN, this 19th day of April, 2024.

Frequently Asked Questions

Why was March included in the policy to hang food or use one of the certified food containers?

There is significant variation from year to year in seasonal weather transitions. Since bears have been known to come
out of hibernation as early as March, the Superior Wilderness and Wildlife Staff set March 1 as the effective date for
the order.

How did the Forest Service let the public know about the changes (mandatory to hang or have a certified
container)?

A number of organizations work with us to administer permits and provide education to permittees annually. We
shared this update with them first and followed it with a press release and publication on our website.

What led to include the entire BWCAW vs. specific lakes or areas, as has been done in the past?

We want visitors to be diligent about properly storing food at all the times and throughout the BWCAW. Putting
orders in place and taking them off for short durations of time or for site specific areas can be confusing and may
suggest that there’s no need to be careful with food storage in other parts of the wilderness or when there is no
food storage order in place.

Wilderness-wide food storage orders have been implemented in the past. However, this is the first time we have
committed to having a wilderness-wide order in place for this length of time (up to two years with the potential to
extend) as a preventative measure. The primary goal of the food storage order is to prevent bears and other wildlife
from becoming habituated. Properly storing food will help prevent bears from associating humans and campsites as
a source of food, further reducing bear-human conflict.

Will there be a learning curve or adjustment period for this policy as the paddling season begins, or should people
be prepared for strict enforcement starting now?

Our goal initially is to highlight the importance of all of us doing our due diligence to keep wildlife from becoming
habituated. Except for gross violations or repeated violations, we intend to issue warnings for the first year of the
order. Fortunately, many BWCAW visitors are already practicing good food storage techniques. The concept isn’t
new, we’re just approaching it as a season-long prevention effort, rather than reacting to Black Bear-Human
incidents as they occur.

Why $5000 and/or 6 months in prison because I decided that a blue barrel is safer than hanging when hanging has
proved to be unreliable at best?

The fine for violation of this order is $50. This is not a precedent setting example given that all Class B misdemeanors
have a ceiling set by congress. In fact, many BWCAW regulations carry the same potential for up to a $5,000 fine or
FAQs, Superior NF, Forest Order 09-09-24-02, Bear Aware Food Storage
jail time. The Forest Service intends to educate the public rather than issue citations during this transition. In
addition, food storage orders to prevent black bear/human interactions are not unique to the Superior National
Forest and BWCAW. There are multiple National Forests in the eastern half of the United States that currently have
or have had similar food storage orders that are aimed at preventing the habituation of black bears.

Isn’t stashing or storing blue barrels on the ground effective in deterring bears?

The Forest Service has promoted hanging blue barrels and food packs for decades. There have been multiple
examples in the BWCAW to demonstrate the ineffectiveness of stashing or storing unsecured blue barrels. While
blue barrels may appear “airtight”, bears can detect food within these containers. Properly hanging or using IGBC
approved containers is the best practice to prevent future bear/human encounters while traveling in the BWCAW.

There are BWCAW campsites that do not have a tree physically capable of meeting the criteria. Are you saying it is
illegal for someone without a bear resistant container to stay at those sites?

Wilderness travel often poses a higher degree of risk and challenge to visitors. If unable to find a suitable tree to
properly hang food, visitors may need to seek out trees further away from campsites. If trees are still not available,
due to blown down or burned areas, secure your IGBC container to a boulder, log or rock beyond 200' from camp for
those sites where there is nothing to secure food to. To properly prepare for your trip, call a Forest Service office or
local outfitter in advance to learn more about your planned travel route and how you can best prevent wildlife and
human interactions.

What is the purpose or goal of Forest Order 09-09-24-02?

Educating the public on proper food storage will be the primary tool used for implementing this new regulation. The
fine for non-compliance of the food storage order is $50. The objective for instituting the food storage order is to
protect black bears, preserve wilderness character, and enhance safety for BWCAW visitors. While there has been
some resistance to this new regulation, support for this change has been widespread as well. In the meantime, we
will continue to work with our visitors to better understand why the food storage order was enacted and how they
can work towards compliance – for the safety of our visitors and the safety of the bears.

Can you use your Blue Barrel and put an IGBC approved container inside the barrel.

Yes you can.

With large groups (9) and a lot of food it is a real issue with hanging – especially camps, youth groups, and scouts.
What is the recommendation for these groups?

By Reducing heavier menu items, increasing the quantity of containers, and/or segmenting the groups food storage
will allow food containers to be used and stored properly.

What happens if someone gets hurt from a heavy cooler of barrel falling on them?

Smart and safe wilderness travel should be a priority for each visitor. Ensuring your food storage container is hung
safely and using multiple containers to ensure you can hang it relies on good judgement. Camping in the BWCAW
offers solitude, freedom, primitive recreation, challenge, risk and personal connection with nature. Reducing your
risk can be overcome with proper planning. See BWCAW Trip Planning Guide.

How did this get decided? Folks have been going for years, hanging their packs, and following LNT and doing just
fine.

We want visitors to be diligent about properly storing food at all the times and throughout the BWCAW. Putting
orders in place and taking them off for short durations of time or for site specific areas can be confusing and may
suggest that there’s no need to be careful with food storage in other parts of the wilderness or when there is no
food storage order in place.

Wilderness-wide food storage orders have been implemented in the past. However, this is the first time we have
committed to having a wilderness-wide order in place for this length of time (up to two years with the potential to
extend) as a preventative measure. The primary goal of the food storage order is to prevent bears and other wildlife
from becoming habituated. Properly storing food will help prevent bears from associating humans and campsites as
a source of food.

How do we know how to hang the food storage containers exactly how it’s required? Can you offer any hanging
techniques? Is there a video that can help?

See Forest Order 09-09-24-02, Exhibit A, A2 Please see the Forest Order Exhibits that show how to properly hang
your food. Videos are available here.

The cost of the new approved equipment may be a challenge for some and the change over from the blue barrels –
how is the Forest Service addressing the burden of cost to visitors?

The Forest Service recognizes that some visitors may need to rent or purchase new equipment (pulleys, rope, IGBC
containers, etc.) to comply with the food storage Forest order. The implementation of the forest order allows for a
transition and education period.

The Forest Service intends to educate the public rather than issue citations during this transition. In addition, food
storage orders to prevent black bear/human interactions are not unique to the Superior National Forest and
BWCAW. There are multiple National Forests in the eastern half of the United States that currently have or have had
similar food storage orders that are aimed at preventing the habituation of black bears.

If I’m unable to hang my food due to lack of trees on my campsite, will I get a ticket?

The goal of this forest order is to educate the public on the risk of bear/human conflict due to food, and proper food
storage to reduce wildlife from becoming habituated.

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