CODY - Despite limited options for reversing a court ruling that effectively bans snowmobiles and snowcoaches in Yellowstone National Park this winter, park managers and tourism workers are moving forward with business as usual.

"We're proceeding with normal preparations for winter. Snow poles are going up, fuel storage facilities are being filled," said park Superintendent Suzanne Lewis during a question-and-answer session Monday with Cody business leaders.

Earlier this month, a federal judge rejected the National Park Service's winter use plan, saying it failed to protect wildlife against excessive noise and air pollution caused by snowmobiles. The decision also affects Grand Teton National Park.

That has left the park relying on a 2004 rule that was part of a temporary winter use plan that does not allow motorized over-snow travel after 2007.

Lewis said she spent the last two weeks working with advisers and attorneys to determine what the legal options are, adding that she is still unsure how the issue may be resolved, while declining to speculate on possible solutions.

"We're focused on what is legally sustainable - what do I legally have the authority to do?" she said.

Among the rejected options was the idea of issuing a memorandum or other proclamation "by administrative fiat," she said.

"Any administrative process we put through will still be subject to litigation, so it isn't a panacea," she said.

Another option, a plan to attach language to a continuing spending resolution before Congress, did not happen before that bill was passed last week, she said.

"As far as a legislative solution, it does not appear as though anything is going to happen on that" any time soon, Lewis said.

Lewis said she was aware how important the issue was for gateway communities, especially with the park's winter season set to start Dec. 15.

"Whatever we do, we have a lot of work to get done in a short amount of time," she said, adding that she hopes to have some news on the issue soon.

Business as usual

Players in the tourism industry, worried about scaring off potential visitors, say they have little choice but to move forward with their usual plans for winter.

"It's still very much business as usual," said Jim McCaleb, general manager of Yellowstone operations for Xanterra, a park concessionaire that operates the Old Faithful Snow Lodge and the Mammoth Hotel, both open during the winter.

Lewis said Monday that if the over-snow travel ban stands, the Old Faithful Snow Lodge would close, because it can be reached only by snow vehicles. The Mammoth Hotel, accessible in the winter by automobile, will remain open no matter what.

McCaleb said his only option is to prepare for winter visitors. Heating fuel and gasoline for snowmobiles and snowcoaches must be stocked before winter weather, and many of Xanterra's best summer employees have already made plans to work during the winter, he added.

"We've only gotten a few calls from potential guests asking about what kind of winter operations we will have. We've been through this kind of scenario several times in the past, though, and we've always had a winter operation," he said.

McCaleb said that Xanterra would take a financial hit if the Snow Lodge is forced to close this winter, but the larger problem would be a return to uncertainty about winter travel in the park, with visitors who make plans months or years in advance suffering the most.

"We are choosing to be very positive and optimistic that some resolution will be found for this coming winter," said Mary Sue Costello, executive director of the West Yellowstone Chamber of Commerce.

Costello said there is no plan to change advertising or marketing strategies for West Yellowstone, and that the town has historically billed itself as a destination for many winter activities besides snow vehicle trips into the park.

"Most people who come in the winter do multiple activities," she said.

David Lich, a former Idaho resident who worked in Yellowstone 25 years ago and who is planning to bring his son back for a winter visit, said he was upset with the timing of the federal court ruling.

"We had our airplane, car, snowcoach and snowmobile reservations made early so we would have everything in place," Lich said in an e-mail.

"Needless to say, we have spent thousands of dollars already before even leaving this December, and now we are in jeopardy of missing this trip of a lifetime and perhaps losing a considerable amount of money on nonrefundable airplane tickets," he said.

"I totally respect wanting to preserve the park so our great-grandkids have something here when we're gone," said Jake Fulkerson, a Cody resident who skis in Yellowstone each winter.

"But my biggest fear is where does it all end?" he said, adding that he was concerned that restrictions on winter travel would eventually lead to limits on summer traffic in the park.

"I don't even ride snowmobiles. I hate those things, but people have a right to use them in the park," he said.

Fulkerson praised Lewis for working to maintain motorized over-snow access to the park and for meeting with community members to address their concerns.

Authority questioned

Lewis has the authority to allow snowmobiles and snowcoaches in the park this winter, said Amy McNamara, national parks program director for the Greater Yellowstone Coalition, one of the groups that filed suit in federal court to limit snowmobile access.

"Our feeling is she should put something in place as quickly as possible so the public and surrounding communities have a sense of what's happening this winter," McNamara said.

She said Lewis should issue a temporary regulation under the Administrative Procedures Act, allowing snowcoaches and up to 263 snowmobiles per day, the five-year average.

McNamara said allowing even that number of daily snowmobiles "had problems," and would not say how many, if any, her group would support over the long term.

Al Nash, a Yellowstone spokesman, said that Lewis cannot simply create a temporary regulation setting new limits for over-snow travel.

Lewis can only make administrative regulations in keeping with broader laws, such as setting safe distances that people must maintain from wildlife in Yellowstone, Nash said.

"The Administrative Procedure Act has applicability in a lot of areas, but it's very clear. The code of federal regulations are clear on the discretionary authority of the superintendent.

"The superintendent does not have discretionary authority to take an action contrary to a rule," he said, adding that the park is now bound by a 2004 rule that specifically does not allow for any over-snow travel.