Out-of-bounds skiing unwise but not illegal, officials say

RENO, Nev. — Ducking under the boundary ropes or scooting around the gates to ski and snowboard in the backcountry outside a developed resort might not be a very bright move, but it's not against federal law, according to the U.S. Forest Service.

"We do not consider it a crime to leave the permit area. It goes against our grain to close the national forests," Forest Service spokesman Matt Mathes told The Associated Press on Monday.

"Our guiding principle is that national forests are public lands and we should not restrict access to the public's lands," Mathes said. "If someone wants to leave the ski area boundary and ski into the backcountry, that's their prerogative as a citizen. We do not consider it a crime."

For some skiers and riders bored with following downhill tracks, the lure of pristine backcountry powder is too much to resist, even though it's in areas that are not controlled for avalanches or routinely patrolled.

"It's still a risk. You're on your own. Some people like that," Mathes said. "But if people aren't prepared, it could be the last mistake they make."

The mistakes prompted three rescue efforts this month at Heavenly Mountain Resort, which straddles the California-Nevada line south of Lake Tahoe, after the skiers exited through gates to the backcountry. All were found uninjured and no citations have been issued.

That wasn't the case last month in Colorado, where Summit County Sheriff John Minor — unimpressed with dramatic survival stories — issued citations for violations of the state Ski Safety Act, with $300 fines to two snowboarders who got lost outside Keystone Resort's boundaries.

Minor wants the unsafe skiing fine to be raised to $500 to make it more of a deterrent.

The Colorado act was passed in 1979, and Minor said that while $300 was a lot of money then, it needs to be increased.

Minor, whose district covers Keystone, Breckenridge, Copper Mountain and Arapahoe Basin ski areas, agreed that venturing onto public lands is legal, but said the Colorado law is aimed at people who ski into areas that have been marked closed, usually because of some hazard.

"There's avalanche danger, deadfall trees, sink holes — you can get yourself in extreme danger," he said.

Mathes agreed that "closed" means just that within the boundaries of the ski area.

"If they get into a bad situation, there are only two possible outcomes: The individuals will either die or they will have to pay for a very expensive rescue," Mathes said.