 |
|
 |
 |
| What's going on with Ursack?
|
April 4, 2008
Ursack has reluctantly, but resolutely, filed suit against the Sierra Interagency Black Bear Group (SIBBG) asking the court to reverse what we believe is SIBBG's arbitrary and capricious decision to withdraw approval of the Ursack S29 Hybrid. We are joined in this suit by some representative backpackers including: a former Tuolomne Meadows ranger, a college chemistry professor, and the holder of the record for the fastest self-contained female solo of the John Muir Trail. There is no way to predict, at this point, when or how the case will be resolved, but it is at least possible that Ursacks will once again be allowed in the restricted areas of the Sierra this summer.
The lawsuit does not seek money. Instead, it asks that Ursack be evaluated objectively, and that backpackers' needs be factored into any decision that prohibits the use of Ursack or any other product. SIBBG's decision to ban Ursack was based on the allegation of 6 failures. There is no such thing as a bear "proof" container. All canisters have failed at one time or another. SIBBG refuses to produce evidence of these alleged Ursack failures, but we know from SIBBG's written description that in two cases bears got no food, and in two cases the problem was user error--the Ursacks were not torn and could be effectively used again today. Because we don't have the evidence, we don't know what happened in the other two incidents.
There is an analogy is to auto crash testing. The National Highway Safety Traffic Administration (NHSTA), a federal agency, tests cars for rollover resistance. It does so because nearly 10,000 people are killed each year as a result of rollovers. The test they devised was based on input from a variety of scientific sources, and the results of that test are a rating system from one to five stars for each vehicle. There is no requirement that manufacturers meet a certain standard. Rather, the government relies on consumers to protect their own interests once the rollover information is provided.
By contrast, SIBBG is a federal advisory group that tests containers for bear resistance. It does so in order to minimize bear-human conflict. The test they devised is largely subjective. As opposed to vehicle rollovers, no black bear has killed a Sierra camper and injuries are extremely rare. By far the biggest reason bears get human food is not failed canisters, it is campers' inability to store all their food in a single canister. But SIBBG does not test canisters for practicality, it tests them for impregnability. This is a little like a stage coach company in the old West touting the strength of its safe while ignoring the fact the that the safe can't hold all the gold.
There is not enough space here to detail all of the arbitrary and capricious decisions SIBBG has made over the years with regard to Ursack. We hope to resolve this quickly and amicably so that backpackers can use the equipment they want, while giving adequate protection to bears.
January 1, 2008.
The Sierra Interagency Black Bear Group (SIBBG) has withdrawn its conditional approval of the Ursack S29 Hybrid (Ursack with aluminum liner) for 2008.
Ursack is challenging this decision. There appears to be scant evidence to suggest that the S29 Hybrid had a significant number of product failures in 2007. The nature of Ursack�s challenge has not been finalized because we are waiting for SIBBG to provide us with the specific evidence on which it based its decision. From what we know so far, user error was the sole cause of three incidents in which bears got food. In those cases, users did not cinch the opening completely�they failed to remove all slack in the cinch cord and did not tie a secure knot.
We understand that SIBBG�s decision is exasperating for our loyal customers. It is even more trying for us. We cannot run a business in which our only product is reviewed year after year by a government agency making arbitrary and capricious decisions about what equipment a camper may or may not use in the wilderness. We respect the Sierra Rangers and much of the work they do, and have no desire to file an unnecessary lawsuit. But it seems that may be the only way to bring this see saw existence to a halt.
Because the situation is fluid, we are changing our return policy. Customers may return any new, unused, Ursack for a full refund within one year of purchase. We hope that approval will be reinstated by SIBBG, and that customers will hold onto their purchases until the situation is resolved.
May 9, 2007.
There is a very interesting and thorough study by Kate McCurdy--a former Yosemite (bear) ranger. This was Kate's master's thesis. Her thesis compiled and analyzed survey results from 568 Yosemite backpackers. The backpackers were, by a large majority, supportive of Park canister requirements. But, nearly 40% were unable to fully comply with those requirements and had to leave some food/toiletries unprotected on one or more nights. Among the significant factors preventing full compliance were the weight and bulk of hard sided canisters. "In roughly half" of the (108) bear encounters reported by survey respondents in 2005, bears got "substantial food rewards." In other words, there were roughly 50 incidents in Yosemite alone in which bears got food rewards even though the vast majority of campers were using approved canisters. It was not that those canisters failed, it was that the campers were unable or unwilling to fully comply with regulations. This number from Yosemite absolutely dwarfs the amount of food rewards bears got from failed canisters anywhere in the entire Sierra, whether those canisters were made by Ursack or other manufacturers.
If SIBBG's goal is to prevent bears from getting food rewards, it would seem their time would be better spent addressing the non-compliance issue and less time evaluating the Ursack S29, a product which due to its light weight and compressibility, makes it easier for backpackers to do the right thing. READ MORE |
|
 |