Archive for May, 2005

Take a Nature Hike Amongst the Trees (au’ natural of course)

A naturist is said to be one who strives to become one with nature and I certainly backpack and hike in such a way that I take the time to ’smell the roses’ and let my senses soak in everything they can about my environment. In many ways the NATURIST is very much like the NATURALIST . . . except, of course, we enjoy our surroundings without any clothes on.

Hiking the trails presents a diverse plethora for the senses. A tree is just not any old tree. There are many types of trees and they say alot about the environment and terrain we are hiking through. When we open up all our senses and take this in we learn not only about the trees but we learn about the entire ecosystem . . . flora and fauna both . . . and perhaps a little bit about our place in this wonderful place.

In the Cascades of Washington we can see and experience several different types of trees such as: the Cypress, Douglas-fir, Hemlock, Incense-cedar, Juniper, Larch, Pine, Red Cedar, Spruce, True Cedar, True Fir, White-cedar and the Yew. Each of these trees grows in prefered environments and locations and it is interesting and educational to see the nature of the forest change as you gain altitude or perhaps arrive on a northern-facing slope.

I wish to acknowledge Oregon State University whose website (the link in the title) provide just about all the information in this article. I have only consolidated that volumnous data to concentrate on the Washington State Cascades area. We start with the most common tree, the pine.

The Pines (Pinus)

  • Long, narrow needles are bound in bundles resembling whisk brooms.
  • Fruits are large, woody cones with thick, tough scales.
  • Branches commonly grow in distinctive “whorls” or rings that make their trunks easy to climb (each whorl represents 1 year’s growth).

On a world-wide basis, pines are the most common type of conifer; there are nearly 100 different species. North America alone has over 30! In general, pines are easy to distinguish from other needle-leaved trees because of their long, narrow needles bound in bundles; large, woody cones with tough scales; and distinctive “whorls” of branches that make their trunks easy to climb.

Pine forests are also distinctive. In general, pine trees like a lot of light, so pine forests are open and sunlight spills through to the forest floor. Wind moving through their long needles also gives pine forests a distinctive sound, and no one can miss their unique fragrance.

Eight species of pine are native to the Pacific Northwest, although many others have been introduced. Four pines (lodgepole, sugar, ponderosa, and western white) were named by Scottish botanist David Douglas. Apparently this diversity surprised even him, for he wrote to his employer at the Royal Horticulture Society of England, “you will begin to think that I manufacture pines at my pleasure”.

To identify pines, count the needles in each bundle. This will divide the species into smaller groups. Then check the range and the appearance of the cones to pinpoint the species.

  • Two needles per bundle: LODGEPOLE
  • Three needles per bundle: PONDEROSA, JEFFREY, and KNOBCONE
  • Five needles per bundle: WESTERN WHITE, SUGAR, LIMBER, and WHITEBARK

The Pines Common in the North Cascades: Of the eight species of pine only four are common to the Washington slopes of the Cascades. They are:

lodgepole pine (Pinus contorta)


Lodgepole Pine Posted by Hello

  • Needles: Two needles per bundle (clustered); 1-3″ long; commonly twisted (contorted).
  • Fruit: Small, egg-shaped cones (1-2″ long), often with a prickle at the end of each scale. May remain closed on the tree for years.
  • Bark: Thin, dark, and flaky.
  • Distribution: Abundant in the northern Rocky Mountains and Pacific Coast region. Grow from 0-11,500 ft. (0-3600 m). Those along the coast are commonly called shore pine.

ponderosa pine (Pinus ponderosa)


Ponderosa Pine Posted by Hello

  • Needles: Occur in bundles of 3 (rarely 2); 5-10″ long; tufted near the ends of branches (needles are held only 2-3 years).
  • Fruit: Egg-shaped cone; 3-5″ long; each scale has a straight, stiff prickle that sticks out.
  • Bark: Flakes off in shapes like jigsaw puzzle pieces. Older trees have a distinct yellow or orange color.
  • Distribution: Occurs in the Pacific Coast mountain ranges, throughout the Rocky Mountains, and into northern Mexico. Grows from sea level to 9000 ft. (2800 m).

western white pine (Pinus monticola)


Western White Pine Posted by Hello

  • Needles: Occur in bundles of 5; 2-4″ long; white lines on 2 sides of each needle.
  • Fruit: Woody cones, 5-12″ long (smaller than sugar pine cones); slender and curved. Cone scales are thin and often curve up on the end.
  • Bark: Dark; broken into small squares or rectangles on older trees (smooth on young trees). Bark often “ringed” where a whorl of branches once grew.
  • Distribution: Occurs in southern British Columbia, the northwestern states, and the Sierra Nevada of California. In the northern portion of their range, the trees grow from sea level to 2500 ft. (750 m).

whitebark pine (Pinus albicaulis)


Whiteback Pine Posted by Hello

  • Size: Usually under 50′ tall and 2′ in diameter. Often distorted or shrub-like.
  • Needles: Occur in bundles of 5; 1-3″ long; faint, white lines on all surfaces.
  • Fruit: Small, woody cones, 2-3″ long; nearly round; thick cone scales with no prickles. Remain closed on tree even when mature; Seeds are unwinged and a rich source of food for animals.
  • Bark: Thin, scaly, and grayish throughout its life.
  • Distribution: Found in the high mountains of western Canada and the U.S. Grows at or near timberline from 7700 to 12,000 ft. (2350-3750 m) elevation.

True Firs (Abies)

  • Erect cones perch on the topmost branches; scales fall off cones when seeds ripen.
  • Twigs have tiny, circular leaf scars.
  • Young stems have fragrant resin blisters; buds are rounded and are often covered with resin.

True firs are so named to distinguish them from Douglas-firs, Chinese-firs, and a number of other pretenders. Sometimes they’re called “balsam firs” because of tiny pockets of resin, or balsam, that occur in their bark. About 40 species of true firs grow in cold regions of the northern hemisphere. True firs are well-adapted to snowy environments because their short, stiff branches and pointed tops shed snow without breaking.

Seven species of true fir are native to western North America; four are native to Washington: grand fir, noble fir, Pacific silver fir and subalpine fir.

All true firs have the following characteristics:

  • Cones that perch like little owls on the topmost branches–so, look aloft for large, erect cones. They often glisten with drops of fragrant, sticky resin.
  • Cones of true firs do not fall intact like other conifer cones. In late fall, their scales tumble off one by one when the seeds have ripened. As a result, cones can only be used to recognize true firs in summer and early fall.
  • Gently pull a needle away from its twig and notice the tiny, circular scar left on the twig. This circle makes it easy to recognize a true fir at any season.
  • Young stems have fragrant resin blisters. Stick them with your finger and they pop, oozing a clear liquid. Resins and oils from the bark and foliage of true firs are used for a variety of products, including perfumes, adhesives, and pharmaceuticals. Some attribute a healing effect to this liquid.
  • The buds of true firs are rounded and are often covered with resin, wax, or curved needles. Buds near the ends of twigs often occur in clusters of three or more.

The True Firs common in the North Cascades

grand fir (Abies grandis)


Grand Fir Posted by Hello

  • Needles: About 1″ long; yellow-green on top surface of needles (no white bloom on upper surface)–whitish bands on undersides. Sets of needles flattened or “V” shaped. Needles are two distinct sizes, with alternating long and short needles.
  • Fruit: Upright, cylindrical cones; 3-4″ long; bracts shorter than scales. Fall apart when mature.
  • Twigs: Terminal buds round and clustered, and covered with resin. Young twigs are greenish.
  • Distribution: Extends across the Pacific Northwest from sea level to 5100 ft. (1600 m).

Pacific silver fir (Abies amabilis)


Pacific Silver Fir Posted by Hello

  • Needles: Green on top and white underneath; about 1″ long. Top needles point forward like ski jumpers.
  • Fruit: Large woody cones (3-6″ long); cylindrical in shape; purple in color. Fall apart when mature.
  • Twigs: Buds clustered at tip of branch are usually round, purple in color, and covered with pitch.
  • Bark: Remains gray throughout its life. Resin blisters when young; scaly when older.
  • Distribution: Grows from 1100-6600 ft (350-2000 m) elevation in the Pacific Northwest on southern and western exposures.

noble fir (Abies procera)


Noble Fir Posted by Hello

  • Needles: White on both surfaces; about 1″ long; shaped like a hockey stick. Massed on the upper surface of the twig. A tiny groove runs the length of the upper side.
  • Fruit: Large woody cones (4-6″ long); cylindrical in shape; have distinctive bracts that look like elephant heads. Fall apart when mature.
  • Twigs: Reddish-brown. Buds clustered at the terminal end are usually round, and are over-lapped by curved needles.
  • Distribution: Occurs along the Pacific coast in Washington, Oregon, and northern California. Commonly found at 3200-5600 ft. (1000-1700 m) elevation on the west side of the Cascade Mountains.

subalpine fir (Abies lasiocarpa)


Sub-alpine Fir Posted by Hello

  • Needles: White lines both above and below the needle; about 1″ long. Massed on the upper surface of the twig; very neat in appearance.
  • Fruit: Cylindrical woody cones about 2-4″ long; purple. Fall apart when mature.
  • Twigs: Terminal buds are small, round, and clustered; covered with resin.
  • Distribution: Generally occurs at timberline in cold, humid climates in the Olympic, Cascade, and Rocky Mountains.

Hemlocks (Tsuga)

  • Short needles, generally under 1″ long.
  • Small, woody cones (1-3″ long).
  • Trees have distinctive droopy tops and branches.

Hemlocks are noted for short needles and droopy tops and branches. There are only about 10 species of hemlock in the world–mostly in North America, China, and Japan. The Pacific Northwest has two hemlocks: the abundant and commercially important western hemlock and the lesser known mountain hemlock. Even when found growing together, they’re easy to tell apart. Thw western hemlock is the Wasginton State Tree.

  • mountain hemlock: needles are blue-green on all surfaces, are similar in size, and are uniformly arranged around the twig. Clusters of needles often have a star-like appearance. Cones are cylindrical and are 1 to 3 inches long.
  • western hemlock: needles are all very short, but have distinctly different sizes on the same twig. They are yellow-green on top, and have two white bands on their undersides. They tend to stick out the sides of the twigs, but also occur on top of the twig. Cones are egg-shaped and about 1 inch long.

mountain hemlock (Tsuga mertensiana)


Mountain Hemlock Posted by Hello

  • Needles: Between 1/2″ and 1″ long; blunt; blue-green in color; star-like appearance on short shoots.
  • Fruit: Woody cones 1-3″ long; thin, rounded scales.
  • Twigs: Moderately stout; many short shoots; terminal branch tips have a natural bend; have small, rounded pegs (leaf scars) on twigs.
  • Distribution: Grow on exposed ridges and slopes in the Pacific Northwest, and in the mountains of British Columbia and Idaho. Found at altitudes up to 11,000 ft. (3300 m).

western hemlock (Tsuga heterophylla)


Western Hemlock Posted by Hello

  • Needles: Short (under 3/4″ long) and blunt; two distinctly different sizes; green above and white underneath each needle; most needles appear to arise from the sides of the twigs.
  • Fruit: Small, woody cones (about 1″); egg-shaped; thin, smooth scales.
  • Twigs: Thin and droopy; have small, rounded pegs (leaf scars) on twigs.
  • Distribution: Primarily found in the coastal regions of the Pacific Northwest. Occurs from sea level to 7400 ft. (2250 m).

Douglas-fir (Pseudotsuga)

  • Needles: About 1″ long with a blunt tip. Needles are green above with 2 white bands underneath.
  • Fruit: Woody cones 3 to 4 inches long; pitchfork-shaped bracts are longer than scales. Cones hang down.
  • Twig: Large pointed buds with reddish-brown, overlapping scales.
  • Distribution: Abundant in western North America from British Columbia to Mexico. Grows at sea level along the coast to 7000 ft. (2200 m) in the Cascades and Sierras, and to 11,000 ft. (3400 m) in the southern Rockies.

Douglas-fir is the name of an entire genus of trees that contains six species–two native to North America and four native to eastern Asia. Because of its similarity to other genera, Douglas-fir has given botanists fits. It has, at various times, been called a pine, a spruce, a hemlock, and a true fir. In 1867, because of its distinctive cones, it was given its own genus–Pseudotsuga–which means false hemlock. The hyphen in the common name lets us know that Douglas-fir is not a “true” fir–that it’s not a member of the Abies genus.

Only one Douglas-fir is native to the Pacific Northwest, and it’s by far the most important member of the entire genus. Its common name is identical to that of the genus, reflecting its importance. Douglas-fir (Pseudotsuga menziesii) is Oregon’s state tree.


Add comment May 29, 2005

Take a Nature Hike Amongst the Trees (au’ natural of course)

A naturist is said to be one who strives to become one with nature and I certainly backpack and hike in such a way that I take the time to ’smell the roses’ and let my senses soak in everything they can about my environment. In many ways the NATURIST is very much like the NATURALIST . . . except, of course, we enjoy our surroundings without any clothes on.

Hiking the trails presents a diverse plethora for the senses. A tree is just not any old tree. There are many types of trees and they say alot about the environment and terrain we are hiking through. When we open up all our senses and take this in we learn not only about the trees but we learn about the entire ecosystem . . . flora and fauna both . . . and perhaps a little bit about our place in this wonderful place.

In the Cascades of Washington we can see and experience several different types of trees such as: the Cypress, Douglas-fir, Hemlock, Incense-cedar, Juniper, Larch, Pine, Red Cedar, Spruce, True Cedar, True Fir, White-cedar and the Yew. Each of these trees grows in prefered environments and locations and it is interesting and educational to see the nature of the forest change as you gain altitude or perhaps arrive on a northern-facing slope.

I wish to acknowledge Oregon State University whose website (the link in the title) provide just about all the information in this article. I have only consolidated that volumnous data to concentrate on the Washington State Cascades area. We start with the most common tree, the pine.

The Pines (Pinus)

  • Long, narrow needles are bound in bundles resembling whisk brooms.
  • Fruits are large, woody cones with thick, tough scales.
  • Branches commonly grow in distinctive “whorls” or rings that make their trunks easy to climb (each whorl represents 1 year’s growth).

On a world-wide basis, pines are the most common type of conifer; there are nearly 100 different species. North America alone has over 30! In general, pines are easy to distinguish from other needle-leaved trees because of their long, narrow needles bound in bundles; large, woody cones with tough scales; and distinctive “whorls” of branches that make their trunks easy to climb.

Pine forests are also distinctive. In general, pine trees like a lot of light, so pine forests are open and sunlight spills through to the forest floor. Wind moving through their long needles also gives pine forests a distinctive sound, and no one can miss their unique fragrance.

Eight species of pine are native to the Pacific Northwest, although many others have been introduced. Four pines (lodgepole, sugar, ponderosa, and western white) were named by Scottish botanist David Douglas. Apparently this diversity surprised even him, for he wrote to his employer at the Royal Horticulture Society of England, “you will begin to think that I manufacture pines at my pleasure”.

To identify pines, count the needles in each bundle. This will divide the species into smaller groups. Then check the range and the appearance of the cones to pinpoint the species.

  • Two needles per bundle: LODGEPOLE
  • Three needles per bundle: PONDEROSA, JEFFREY, and KNOBCONE
  • Five needles per bundle: WESTERN WHITE, SUGAR, LIMBER, and WHITEBARK

The Pines Common in the North Cascades: Of the eight species of pine only four are common to the Washington slopes of the Cascades. They are:

lodgepole pine (Pinus contorta)


Lodgepole Pine Posted by Hello

  • Needles: Two needles per bundle (clustered); 1-3″ long; commonly twisted (contorted).
  • Fruit: Small, egg-shaped cones (1-2″ long), often with a prickle at the end of each scale. May remain closed on the tree for years.
  • Bark: Thin, dark, and flaky.
  • Distribution: Abundant in the northern Rocky Mountains and Pacific Coast region. Grow from 0-11,500 ft. (0-3600 m). Those along the coast are commonly called shore pine.

ponderosa pine (Pinus ponderosa)


Ponderosa Pine Posted by Hello

  • Needles: Occur in bundles of 3 (rarely 2); 5-10″ long; tufted near the ends of branches (needles are held only 2-3 years).
  • Fruit: Egg-shaped cone; 3-5″ long; each scale has a straight, stiff prickle that sticks out.
  • Bark: Flakes off in shapes like jigsaw puzzle pieces. Older trees have a distinct yellow or orange color.
  • Distribution: Occurs in the Pacific Coast mountain ranges, throughout the Rocky Mountains, and into northern Mexico. Grows from sea level to 9000 ft. (2800 m).

western white pine (Pinus monticola)


Western White Pine Posted by Hello

  • Needles: Occur in bundles of 5; 2-4″ long; white lines on 2 sides of each needle.
  • Fruit: Woody cones, 5-12″ long (smaller than sugar pine cones); slender and curved. Cone scales are thin and often curve up on the end.
  • Bark: Dark; broken into small squares or rectangles on older trees (smooth on young trees). Bark often “ringed” where a whorl of branches once grew.
  • Distribution: Occurs in southern British Columbia, the northwestern states, and the Sierra Nevada of California. In the northern portion of their range, the trees grow from sea level to 2500 ft. (750 m).

whitebark pine (Pinus albicaulis)


Whiteback Pine Posted by Hello

  • Size: Usually under 50′ tall and 2′ in diameter. Often distorted or shrub-like.
  • Needles: Occur in bundles of 5; 1-3″ long; faint, white lines on all surfaces.
  • Fruit: Small, woody cones, 2-3″ long; nearly round; thick cone scales with no prickles. Remain closed on tree even when mature; Seeds are unwinged and a rich source of food for animals.
  • Bark: Thin, scaly, and grayish throughout its life.
  • Distribution: Found in the high mountains of western Canada and the U.S. Grows at or near timberline from 7700 to 12,000 ft. (2350-3750 m) elevation.

True Firs (Abies)

  • Erect cones perch on the topmost branches; scales fall off cones when seeds ripen.
  • Twigs have tiny, circular leaf scars.
  • Young stems have fragrant resin blisters; buds are rounded and are often covered with resin.

True firs are so named to distinguish them from Douglas-firs, Chinese-firs, and a number of other pretenders. Sometimes they’re called “balsam firs” because of tiny pockets of resin, or balsam, that occur in their bark. About 40 species of true firs grow in cold regions of the northern hemisphere. True firs are well-adapted to snowy environments because their short, stiff branches and pointed tops shed snow without breaking.

Seven species of true fir are native to western North America; four are native to Washington: grand fir, noble fir, Pacific silver fir and subalpine fir.

All true firs have the following characteristics:

  • Cones that perch like little owls on the topmost branches–so, look aloft for large, erect cones. They often glisten with drops of fragrant, sticky resin.
  • Cones of true firs do not fall intact like other conifer cones. In late fall, their scales tumble off one by one when the seeds have ripened. As a result, cones can only be used to recognize true firs in summer and early fall.
  • Gently pull a needle away from its twig and notice the tiny, circular scar left on the twig. This circle makes it easy to recognize a true fir at any season.
  • Young stems have fragrant resin blisters. Stick them with your finger and they pop, oozing a clear liquid. Resins and oils from the bark and foliage of true firs are used for a variety of products, including perfumes, adhesives, and pharmaceuticals. Some attribute a healing effect to this liquid.
  • The buds of true firs are rounded and are often covered with resin, wax, or curved needles. Buds near the ends of twigs often occur in clusters of three or more.

The True Firs common in the North Cascades

grand fir (Abies grandis)


Grand Fir Posted by Hello

  • Needles: About 1″ long; yellow-green on top surface of needles (no white bloom on upper surface)–whitish bands on undersides. Sets of needles flattened or “V” shaped. Needles are two distinct sizes, with alternating long and short needles.
  • Fruit: Upright, cylindrical cones; 3-4″ long; bracts shorter than scales. Fall apart when mature.
  • Twigs: Terminal buds round and clustered, and covered with resin. Young twigs are greenish.
  • Distribution: Extends across the Pacific Northwest from sea level to 5100 ft. (1600 m).

Pacific silver fir (Abies amabilis)


Pacific Silver Fir Posted by Hello

  • Needles: Green on top and white underneath; about 1″ long. Top needles point forward like ski jumpers.
  • Fruit: Large woody cones (3-6″ long); cylindrical in shape; purple in color. Fall apart when mature.
  • Twigs: Buds clustered at tip of branch are usually round, purple in color, and covered with pitch.
  • Bark: Remains gray throughout its life. Resin blisters when young; scaly when older.
  • Distribution: Grows from 1100-6600 ft (350-2000 m) elevation in the Pacific Northwest on southern and western exposures.

noble fir (Abies procera)


Noble Fir Posted by Hello

  • Needles: White on both surfaces; about 1″ long; shaped like a hockey stick. Massed on the upper surface of the twig. A tiny groove runs the length of the upper side.
  • Fruit: Large woody cones (4-6″ long); cylindrical in shape; have distinctive bracts that look like elephant heads. Fall apart when mature.
  • Twigs: Reddish-brown. Buds clustered at the terminal end are usually round, and are over-lapped by curved needles.
  • Distribution: Occurs along the Pacific coast in Washington, Oregon, and northern California. Commonly found at 3200-5600 ft. (1000-1700 m) elevation on the west side of the Cascade Mountains.

subalpine fir (Abies lasiocarpa)


Sub-alpine Fir Posted by Hello

  • Needles: White lines both above and below the needle; about 1″ long. Massed on the upper surface of the twig; very neat in appearance.
  • Fruit: Cylindrical woody cones about 2-4″ long; purple. Fall apart when mature.
  • Twigs: Terminal buds are small, round, and clustered; covered with resin.
  • Distribution: Generally occurs at timberline in cold, humid climates in the Olympic, Cascade, and Rocky Mountains.

Hemlocks (Tsuga)

  • Short needles, generally under 1″ long.
  • Small, woody cones (1-3″ long).
  • Trees have distinctive droopy tops and branches.

Hemlocks are noted for short needles and droopy tops and branches. There are only about 10 species of hemlock in the world–mostly in North America, China, and Japan. The Pacific Northwest has two hemlocks: the abundant and commercially important western hemlock and the lesser known mountain hemlock. Even when found growing together, they’re easy to tell apart. Thw western hemlock is the Wasginton State Tree.

  • mountain hemlock: needles are blue-green on all surfaces, are similar in size, and are uniformly arranged around the twig. Clusters of needles often have a star-like appearance. Cones are cylindrical and are 1 to 3 inches long.
  • western hemlock: needles are all very short, but have distinctly different sizes on the same twig. They are yellow-green on top, and have two white bands on their undersides. They tend to stick out the sides of the twigs, but also occur on top of the twig. Cones are egg-shaped and about 1 inch long.

mountain hemlock (Tsuga mertensiana)


Mountain Hemlock Posted by Hello

  • Needles: Between 1/2″ and 1″ long; blunt; blue-green in color; star-like appearance on short shoots.
  • Fruit: Woody cones 1-3″ long; thin, rounded scales.
  • Twigs: Moderately stout; many short shoots; terminal branch tips have a natural bend; have small, rounded pegs (leaf scars) on twigs.
  • Distribution: Grow on exposed ridges and slopes in the Pacific Northwest, and in the mountains of British Columbia and Idaho. Found at altitudes up to 11,000 ft. (3300 m).

western hemlock (Tsuga heterophylla)


Western Hemlock Posted by Hello

  • Needles: Short (under 3/4″ long) and blunt; two distinctly different sizes; green above and white underneath each needle; most needles appear to arise from the sides of the twigs.
  • Fruit: Small, woody cones (about 1″); egg-shaped; thin, smooth scales.
  • Twigs: Thin and droopy; have small, rounded pegs (leaf scars) on twigs.
  • Distribution: Primarily found in the coastal regions of the Pacific Northwest. Occurs from sea level to 7400 ft. (2250 m).

Douglas-fir (Pseudotsuga)

  • Needles: About 1″ long with a blunt tip. Needles are green above with 2 white bands underneath.
  • Fruit: Woody cones 3 to 4 inches long; pitchfork-shaped bracts are longer than scales. Cones hang down.
  • Twig: Large pointed buds with reddish-brown, overlapping scales.
  • Distribution: Abundant in western North America from British Columbia to Mexico. Grows at sea level along the coast to 7000 ft. (2200 m) in the Cascades and Sierras, and to 11,000 ft. (3400 m) in the southern Rockies.

Douglas-fir is the name of an entire genus of trees that contains six species–two native to North America and four native to eastern Asia. Because of its similarity to other genera, Douglas-fir has given botanists fits. It has, at various times, been called a pine, a spruce, a hemlock, and a true fir. In 1867, because of its distinctive cones, it was given its own genus–Pseudotsuga–which means false hemlock. The hyphen in the common name lets us know that Douglas-fir is not a “true” fir–that it’s not a member of the Abies genus.

Only one Douglas-fir is native to the Pacific Northwest, and it’s by far the most important member of the entire genus. Its common name is identical to that of the genus, reflecting its importance. Douglas-fir (Pseudotsuga menziesii) is Oregon’s state tree.


Add comment May 28, 2005

Backpacking into Black Bear Habitat


Standing up on its hind legs allows a bear to get more information from its senses of smell, sight and hearing. It’s a sign of curiosity, not agression. However, if you come across a mother and it’s cub like in the lower picture, steer clear and be sure to make lots of noise so she knows where you are. Posted by Hello

Over the years I have been hiking and backpacking I’ve had my occasional encounter with a black bear. The first time surprises and often scares the hiker . . . especially if you are hiking alone and you are hiking nude. You suddenly feel very vulnerable when a black bear sticks it’s head out of a thicket on the slope above you and looks in your general direction.

The general advice in dealing with bears is to give them ample warning ahead of time . . . some say attach a small bell to your pack and the tinkling of the bell will allow a bear to get out of your way long before you can come across it, perhaps surprising it into defensive behavior. Others say the bell is nothing more than a dinner bell for the bear.

Whatever you believe, I hold that you should give the bear some chance to get out of your way as preferable to surprising the bear. Bears are shy by nature and will get out of your way . . . but you’ve got to make some noise. A bell is a little to much for me . . . I just walk noisily and occasionally talk to myself of my hiking partner (if I have one that day).

If encountered by a bear . . . do not stare it down. Make yourself bigger and back slowly out the way you came in. The bear doesn’t want an encounter . . . and you needn’t push for one by playing ‘alpha male’ with a 300 pound black bear.

Of course, we all worry about our own defense. My best defense, if it ever came to needing to protect myself from an aggressive bear . . . is my hiking staff . . . a good, solid piece of wood with a wicked point on the end. I also carry a hunting knife and bear deterrent spray . . . but those items are a last ditch measure. I’d much rather give up the terrain to the bear and back away slowly.

So the rest of this article is for those of you who wonder what the signs of bears in the area are. It’s interesting and you can find the signs.


Where to Look for Bear Sign

Black bear habitat can include swamps, mountain streams, and woods (especially pinyon-juniper woodland, aspen forests, and oak woodlands).

Look for bear sign along mountain streams and in woodlands habitat.

Bear Tracks

Bears are pacers — wide-bodied animals that move both legs on one side of the body at a time (alternating both right limbs then both left). They are plantigrade walkers (like people) — the heel of the back foot lands flat on each step. The track of a bear’s back foot looks very similar to a human footprint, although a bear’s foot is wider and shorter. Bears have five toes on both the front and rear feet. The “big” toe on a bear is the outer toe. Note: the heel pad of the front foot, the claws, and the fifth (inside) toe often don’t register in a track.


Black Bear front footprint; 4-1/2 inches (length) x
4 inches (width)
Posted by Hello


Black Bear rear footprint; 6-7/8 inches (length) x
3-1/2 inches (width)
Posted by Hello


Bear tracks in the spring snow at Tonga Ridge. Note the pacer stride . . . both legs on the side moving at the same time

The distance between the outer edges of black bear footprints (called trail width) is 14 inches. A black bear’s stride (measured from the tip of the foremost toe of one foot to the tip of the same toe of the other foot) is 18 inches when walking and 2-5 feet when it is running. During a slow walk, the bear’s hind foot overlaps the front foot; during a fast walk, the hind foot oversteps (lands in front of) the front foot.

Black bears often follow well-established trails. Wide double ruts formed in the grass or the ground are a good indication of a bear trail. In wooded areas, these trails often go under obstructions.

Bears (like people) break twigs and sticks as they walk; watch the trail for broken sticks, then use a magnifier to find closely spaced cracks or bending along twigs, indicating the round, soft footprints made by a bear.

Bear Scat (droppings)

Black bear scat (when firm) is tubular, between 1-3/8 inches and 1-1/2 inches in diameter. (Grizzly bear scat measures 2-1/4 inches.) Because black bears are mostly vegetarian (eating grass, roots, pine nuts, berries, buds, leaves, bark and nuts), bear scat often contains plant matter. Also look for the remains of other common black bear food: insects, eggs, birds, mice, rats, chipmunks, ground squirrels, fish, honeycomb, and carrion. Of course, black bears are known for eating just about anything they can find in a garbage can, so even the unusual item may be found in bear scat. Black bear scat has been known to contain tin cans, pizza boxes, watches, tent screening, zippers, motorcycle chains and even crushed hubcaps!


Bear scat: between 1-3/8 inches and 1-1/2 inches in diameter Posted by Hello

Feeding Signs

Watch for rocks and logs that have been turned over or torn apart in a bear’s search for ants and beetles. Anthills that have been scooped out are another sign of a bear’s presence in an area. Black bears also dig for small animals and plant roots.


Bear Trees

Besides climbing, black bears often use trees as territory markers and rubbing posts, as well as a food source. Known as “bear trees,” these are often found in a prominent spot along a trail.

Watch for claw marks in the soft, smooth bark of climbing trees, and for tooth marks where black bears have used their incisors to scrape the cambium layer of feeding trees. Black bears will often bite and pull off strips of bark on particularly tasty trees like pine, spruce and fir. High claw and tooth marks serve as signposts, advertising the size of a bear and indicating a challenge to rivals.

Bears love a good scratch as much as the next guy, and will rub against trees, bushes, and stumps to satisfy that itch. An established bear tree reveals years of rubs, scratches and bites, and may have long hairs embedded in the cracks.


Other Black Bear Sign

Black bear dens can be found in hollow logs, under fallen trees, or in natural rock caves. Use your nose! Black bears are reported to have a powerful “animal” smell which can linger long after the animal has left the area.

SOURCES

A Field Guide to Animal Tracks — Olaus J. Murie

The Field Guide to Wildlife Habitats of the Western US — Janine M. Benyus

Tom Brown’s Field Guide to Nature Observation and Tracking — Tom Brown, Jr. with Brandt Morgan

Track Finder — Dorcas Miller

Pacific Coast Mammals — Ron Russo and Pam Olhausen


Add comment May 28, 2005

Backpacking into Black Bear Habitat


Standing up on its hind legs allows a bear to get more information from its senses of smell, sight and hearing. It’s a sign of curiosity, not agression. However, if you come across a mother and it’s cub like in the lower picture, steer clear and be sure to make lots of noise so she knows where you are. Posted by Hello

Over the years I have been hiking and backpacking I’ve had my occasional encounter with a black bear. The first time surprises and often scares the hiker . . . especially if you are hiking alone and you are hiking nude. You suddenly feel very vulnerable when a black bear sticks it’s head out of a thicket on the slope above you and looks in your general direction.

The general advice in dealing with bears is to give them ample warning ahead of time . . . some say attach a small bell to your pack and the tinkling of the bell will allow a bear to get out of your way long before you can come across it, perhaps surprising it into defensive behavior. Others say the bell is nothing more than a dinner bell for the bear.

Whatever you believe, I hold that you should give the bear some chance to get out of your way as preferable to surprising the bear. Bears are shy by nature and will get out of your way . . . but you’ve got to make some noise. A bell is a little to much for me . . . I just walk noisily and occasionally talk to myself of my hiking partner (if I have one that day).

If encountered by a bear . . . do not stare it down. Make yourself bigger and back slowly out the way you came in. The bear doesn’t want an encounter . . . and you needn’t push for one by playing ‘alpha male’ with a 300 pound black bear.

Of course, we all worry about our own defense. My best defense, if it ever came to needing to protect myself from an aggressive bear . . . is my hiking staff . . . a good, solid piece of wood with a wicked point on the end. I also carry a hunting knife and bear deterrent spray . . . but those items are a last ditch measure. I’d much rather give up the terrain to the bear and back away slowly.

So the rest of this article is for those of you who wonder what the signs of bears in the area are. It’s interesting and you can find the signs.


Where to Look for Bear Sign

Black bear habitat can include swamps, mountain streams, and woods (especially pinyon-juniper woodland, aspen forests, and oak woodlands).

Look for bear sign along mountain streams and in woodlands habitat.

Bear Tracks

Bears are pacers — wide-bodied animals that move both legs on one side of the body at a time (alternating both right limbs then both left). They are plantigrade walkers (like people) — the heel of the back foot lands flat on each step. The track of a bear’s back foot looks very similar to a human footprint, although a bear’s foot is wider and shorter. Bears have five toes on both the front and rear feet. The “big” toe on a bear is the outer toe. Note: the heel pad of the front foot, the claws, and the fifth (inside) toe often don’t register in a track.


Black Bear front footprint; 4-1/2 inches (length) x
4 inches (width)
Posted by Hello


Black Bear rear footprint; 6-7/8 inches (length) x
3-1/2 inches (width)
Posted by Hello


Bear tracks in the spring snow at Tonga Ridge. Note the pacer stride . . . both legs on the side moving at the same time

The distance between the outer edges of black bear footprints (called trail width) is 14 inches. A black bear’s stride (measured from the tip of the foremost toe of one foot to the tip of the same toe of the other foot) is 18 inches when walking and 2-5 feet when it is running. During a slow walk, the bear’s hind foot overlaps the front foot; during a fast walk, the hind foot oversteps (lands in front of) the front foot.

Black bears often follow well-established trails. Wide double ruts formed in the grass or the ground are a good indication of a bear trail. In wooded areas, these trails often go under obstructions.

Bears (like people) break twigs and sticks as they walk; watch the trail for broken sticks, then use a magnifier to find closely spaced cracks or bending along twigs, indicating the round, soft footprints made by a bear.

Bear Scat (droppings)

Black bear scat (when firm) is tubular, between 1-3/8 inches and 1-1/2 inches in diameter. (Grizzly bear scat measures 2-1/4 inches.) Because black bears are mostly vegetarian (eating grass, roots, pine nuts, berries, buds, leaves, bark and nuts), bear scat often contains plant matter. Also look for the remains of other common black bear food: insects, eggs, birds, mice, rats, chipmunks, ground squirrels, fish, honeycomb, and carrion. Of course, black bears are known for eating just about anything they can find in a garbage can, so even the unusual item may be found in bear scat. Black bear scat has been known to contain tin cans, pizza boxes, watches, tent screening, zippers, motorcycle chains and even crushed hubcaps!


Bear scat: between 1-3/8 inches and 1-1/2 inches in diameter Posted by Hello

Feeding Signs

Watch for rocks and logs that have been turned over or torn apart in a bear’s search for ants and beetles. Anthills that have been scooped out are another sign of a bear’s presence in an area. Black bears also dig for small animals and plant roots.


Bear Trees

Besides climbing, black bears often use trees as territory markers and rubbing posts, as well as a food source. Known as “bear trees,” these are often found in a prominent spot along a trail.

Watch for claw marks in the soft, smooth bark of climbing trees, and for tooth marks where black bears have used their incisors to scrape the cambium layer of feeding trees. Black bears will often bite and pull off strips of bark on particularly tasty trees like pine, spruce and fir. High claw and tooth marks serve as signposts, advertising the size of a bear and indicating a challenge to rivals.

Bears love a good scratch as much as the next guy, and will rub against trees, bushes, and stumps to satisfy that itch. An established bear tree reveals years of rubs, scratches and bites, and may have long hairs embedded in the cracks.


Other Black Bear Sign

Black bear dens can be found in hollow logs, under fallen trees, or in natural rock caves. Use your nose! Black bears are reported to have a powerful “animal” smell which can linger long after the animal has left the area.

SOURCES

A Field Guide to Animal Tracks — Olaus J. Murie

The Field Guide to Wildlife Habitats of the Western US — Janine M. Benyus

Tom Brown’s Field Guide to Nature Observation and Tracking — Tom Brown, Jr. with Brandt Morgan

Track Finder — Dorcas Miller

Pacific Coast Mammals — Ron Russo and Pam Olhausen


Add comment May 28, 2005

Photo: Pacific Crest Trail (PCT) Emblem. To date…


Photo: Pacific Crest Trail (PCT) Emblem. To date, I’ve backpacked about 160 miles of the PCT, a large part of it nude Posted by Hello


Add comment May 27, 2005

Tunnel Creek to Lake Hope and PCT


Photo: Tunnel Creek Trailhead Posted by Hello

I really like this pose . . . I’m almost narcissistic about it. So therefore it bugs me a little bit to have to trim and censor these pictures to post them in this blog. Not that I worry too much about being seen nude and in explicit detail . . . there are plenty of pictures of me in my photo album that show all of me. The decision to not show my genitals is to shy away from militant nudism and present my nudity implicitly rather than explicitly. You have to admit that the picture above leaves no doubt that I am naked as the day I was born (except for my beloved silly hat), yet I am not showing my genitals at all. I think that says more than an explicit image ever could. Still, sometimes I wish people would just ‘chill out’ and enjoy the naked human body for the work of creation it is. Anyway, stepping down off my soapbox.

Wednesday I hiked the Tunnel Creek trail. I’d always had this one in mind for a nude hike but never seemed to have found the time for it. Though rated difficult, it is a short 1 1/2 mile hike (all uphill) and is extremely popular, especially because of the twin Hope Lakes located at the top where the trail intersects the Pacific Crest Trail as the PCT winds down from Cowboy Mountain at Steven Pass on southward to Snoqualmie Pass. Because of this popularity, the trail sees lots of family hikers . . . so I held back on that trail. Wednesday, I decided to check the trailhead again.

No vehicles at the trailhead and there are probably no hikers on the trail already and you can hike in naked and relaxed instead of keeping a pair of shorts at the ready should you encounter a family group on the trail. We were lucky. A weekday and getting a later start than normal (1pm), we had the trail to ourselves and the weather was glorious. I hike with a friend of mine . . . she’s just as passionate about nude hiking as I am and more importantly, hikes at about the same slow speed as I hike . . . since I love to dawdle and explore little side trails and such. I’ve long since given up trying to make the two miles per hours the guidebooks suggest. You miss too much huffing and puffing yourself to death. My rate on a moderate to steep slope is more like one mile per hour, so these shorter hikes are special events. More time to loll about at the end or along the way and just enjoy being nude.

I mention my friend. Platonic. But absolutely the best companionship on the trail. She is just so easy to be with.

Tunnel Creek starts out steep and stays steep; the first part heading up under the canopy into a series of switchbacks to gain altitude. Some of the best views are as you come out of the canopy and get to see the snow covered mountains ahead of you near the goal.


The snows in the background was our destination for this hike. Posted by Hello

Then the trail heads in southward, climbing moderately now, alternating between canopy and open, sun-drenched outcroppings of talus. The trail generally follows Tunnel Creek up, though staying way above the creek, itself. That leads to some spectacular viewpoints along the way . . . my favorite, a large mass of exposed shale hanging precipitously over the creek about half way in.

The trail is in reasonably good shape after a wet winter. There is one fallen tree across the trail . . . easily gotten over. There are a lot of wet areas and bogs (especially lower down near the beginning). The puncheon bridges are sound with a few broken planks and a general kilter to them that is fun to walk across. The wet areas of the trails are to more recent snow melt and runoff . . . the water seeking the lowest point . . . the trail. Interesting to read the footprints in the mud and moist dirt. Tracks going in . . . and tracks going out. You can tell a lot about the hiker and the company kept; in this case a male, rather affluent because the treads were from expensive hiking boots. And a dog accompanying him. I also noted the bear tracks on the trail following them in for a short distance . . . which make me reach for the reassurance of the bear spray at my hip.

You cross a couple of alpine creeks further up and have to step carefully to avoid slipping and getting your shoes soaked. That makes for miserable hiking; even though I carry extra socks in my backpack and would need them later on.

As you gain altitude the canopy changes too . . . evergreen seedpod cones crunching underfoot as the Western Hemlocks give way to fir trees and the cones become larger. The canopy thins as well letting in more of the afternoon sunlight. Through it all, the roar of Tunnel Creek at a distance below you keeps you company. We can smell the change in the air . . . lighter . . . cooler, with a hint of sharpness as we near the ridge. Patches of snow have been teasing us for the last quarter mile. Now there is a little crunchy snow sluicing the trails in places.

The lake comes upon you all of a sudden as you top the ridge into a wide, flat area. At first, your not sure it’s the lake. It’s still frozen and covered with snow like everything else up here. But as you catch your breath and bearings, you see the open water of the first of the two shallow alpines lakes and it’s time for some pictures (as if there is never a time for pictures).


Anyone for a polar nude dip in this lake? Posted by Hello

This is were the PCT connects, cutting a trail from the northeast to a southwesterly direction toward the nearby Surprise Lake a ridgeline over. There is still a lot of snow up here. The PCT is difficult to make out unless you already know where it goes. We head up around the lower lake across a field of crusty and still clean snow to view the other lake. Then it’s lunch time and an hour or so of enjoying the snow-bowl. We’re naked, in the snow, and it feels wonderfully. No cold at all. And there isn’t a better way to get some sun than to stand out in the middle of a field of glaring white snow in full afternoon sunlight!

Eventually, you have to head back and this is where my misfortune happened. We’d crossed a creek earlier . . . probing and trusting the thick snow pack to hold. This time it didn’t and my weight broke through, plunging me into a ice-cold frigid creek flowing underneath the snow all the way up to my shoulders.

I wasn’t hurt (except the shock and my pride). The snow kinda cushioned the slow drop. But wet I was . . . shoes and socks submerged as was most of me up to my shoulders before I could right myself, stand up and climb my way out of the hole I’d made. And I made a discovery. Being nude saved my ass. If I’d been wearing clothes they would have been drenched and sucking the heat straight out of my body. As it was . . . the water rolled off my naked skin and the sun was quickly soothing those goosebumps down. Guess I’m kinda ready for next years New Year’s Arctic Plunge now.

We headed back down after making sure I didn’t break anything and that my pack was really water resistant. It was as I found a warm and dry log to sit on and switch out my sopping wet socks for dry ones. Then off we went, the hiking bringing my internal furnace online again.

We dawdled all the way down. Jeez, you know it’s going to end and you just don’t want to have to put on clothes again. We’ve had everything . . . wind, bright sunlight, snow and everything in between (I even went ice bathing).

The trailhead was as we left it earlier . . . just our cars. Reluctantly we got dressed and headed back to the highway. Tunnel Creek is a great weekday nude hike, and except for the switchbacks, sight distance is adequate for advance warning of approaching hikers. The lakes at the top provide lots of areas for frolicking around au’natural, and I would imagine the lakes, being shallow, would made for good skinny-dipping later in the summer.


Add comment May 27, 2005


Photo: Pacific Crest Trail (PCT) Emblem. To date, I’ve backpacked about 160 miles of the PCT, a large part of it nude Posted by Hello


Add comment May 27, 2005

Tunnel Creek to Lake Hope and PCT


Photo: Tunnel Creek Trailhead Posted by Hello

I really like this pose . . . I’m almost narcissistic about it. So therefore it bugs me a little bit to have to trim and censor these pictures to post them in this blog. Not that I worry too much about being seen nude and in explicit detail . . . there are plenty of pictures of me in my photo album that show all of me. The decision to not show my genitals is to shy away from militant nudism and present my nudity implicitly rather than explicitly. You have to admit that the picture above leaves no doubt that I am naked as the day I was born (except for my beloved silly hat), yet I am not showing my genitals at all. I think that says more than an explicit image ever could. Still, sometimes I wish people would just ‘chill out’ and enjoy the naked human body for the work of creation it is. Anyway, stepping down off my soapbox.

Wednesday I hiked the Tunnel Creek trail. I’d always had this one in mind for a nude hike but never seemed to have found the time for it. Though rated difficult, it is a short 1 1/2 mile hike (all uphill) and is extremely popular, especially because of the twin Hope Lakes located at the top where the trail intersects the Pacific Crest Trail as the PCT winds down from Cowboy Mountain at Steven Pass on southward to Snoqualmie Pass. Because of this popularity, the trail sees lots of family hikers . . . so I held back on that trail. Wednesday, I decided to check the trailhead again.

No vehicles at the trailhead and there are probably no hikers on the trail already and you can hike in naked and relaxed instead of keeping a pair of shorts at the ready should you encounter a family group on the trail. We were lucky. A weekday and getting a later start than normal (1pm), we had the trail to ourselves and the weather was glorious. I hike with a friend of mine . . . she’s just as passionate about nude hiking as I am and more importantly, hikes at about the same slow speed as I hike . . . since I love to dawdle and explore little side trails and such. I’ve long since given up trying to make the two miles per hours the guidebooks suggest. You miss too much huffing and puffing yourself to death. My rate on a moderate to steep slope is more like one mile per hour, so these shorter hikes are special events. More time to loll about at the end or along the way and just enjoy being nude.

I mention my friend. Platonic. But absolutely the best companionship on the trail. She is just so easy to be with.

Tunnel Creek starts out steep and stays steep; the first part heading up under the canopy into a series of switchbacks to gain altitude. Some of the best views are as you come out of the canopy and get to see the snow covered mountains ahead of you near the goal.


The snows in the background was our destination for this hike. Posted by Hello

Then the trail heads in southward, climbing moderately now, alternating between canopy and open, sun-drenched outcroppings of talus. The trail generally follows Tunnel Creek up, though staying way above the creek, itself. That leads to some spectacular viewpoints along the way . . . my favorite, a large mass of exposed shale hanging precipitously over the creek about half way in.

The trail is in reasonably good shape after a wet winter. There is one fallen tree across the trail . . . easily gotten over. There are a lot of wet areas and bogs (especially lower down near the beginning). The puncheon bridges are sound with a few broken planks and a general kilter to them that is fun to walk across. The wet areas of the trails are to more recent snow melt and runoff . . . the water seeking the lowest point . . . the trail. Interesting to read the footprints in the mud and moist dirt. Tracks going in . . . and tracks going out. You can tell a lot about the hiker and the company kept; in this case a male, rather affluent because the treads were from expensive hiking boots. And a dog accompanying him. I also noted the bear tracks on the trail following them in for a short distance . . . which make me reach for the reassurance of the bear spray at my hip.

You cross a couple of alpine creeks further up and have to step carefully to avoid slipping and getting your shoes soaked. That makes for miserable hiking; even though I carry extra socks in my backpack and would need them later on.

As you gain altitude the canopy changes too . . . evergreen seedpod cones crunching underfoot as the Western Hemlocks give way to fir trees and the cones become larger. The canopy thins as well letting in more of the afternoon sunlight. Through it all, the roar of Tunnel Creek at a distance below you keeps you company. We can smell the change in the air . . . lighter . . . cooler, with a hint of sharpness as we near the ridge. Patches of snow have been teasing us for the last quarter mile. Now there is a little crunchy snow sluicing the trails in places.

The lake comes upon you all of a sudden as you top the ridge into a wide, flat area. At first, your not sure it’s the lake. It’s still frozen and covered with snow like everything else up here. But as you catch your breath and bearings, you see the open water of the first of the two shallow alpines lakes and it’s time for some pictures (as if there is never a time for pictures).


Anyone for a polar nude dip in this lake? Posted by Hello

This is were the PCT connects, cutting a trail from the northeast to a southwesterly direction toward the nearby Surprise Lake a ridgeline over. There is still a lot of snow up here. The PCT is difficult to make out unless you already know where it goes. We head up around the lower lake across a field of crusty and still clean snow to view the other lake. Then it’s lunch time and an hour or so of enjoying the snow-bowl. We’re naked, in the snow, and it feels wonderfully. No cold at all. And there isn’t a better way to get some sun than to stand out in the middle of a field of glaring white snow in full afternoon sunlight!

Eventually, you have to head back and this is where my misfortune happened. We’d crossed a creek earlier . . . probing and trusting the thick snow pack to hold. This time it didn’t and my weight broke through, plunging me into a ice-cold frigid creek flowing underneath the snow all the way up to my shoulders.

I wasn’t hurt (except the shock and my pride). The snow kinda cushioned the slow drop. But wet I was . . . shoes and socks submerged as was most of me up to my shoulders before I could right myself, stand up and climb my way out of the hole I’d made. And I made a discovery. Being nude saved my ass. If I’d been wearing clothes they would have been drenched and sucking the heat straight out of my body. As it was . . . the water rolled off my naked skin and the sun was quickly soothing those goosebumps down. Guess I’m kinda ready for next years New Year’s Arctic Plunge now.

We headed back down after making sure I didn’t break anything and that my pack was really water resistant. It was as I found a warm and dry log to sit on and switch out my sopping wet socks for dry ones. Then off we went, the hiking bringing my internal furnace online again.

We dawdled all the way down. Jeez, you know it’s going to end and you just don’t want to have to put on clothes again. We’ve had everything . . . wind, bright sunlight, snow and everything in between (I even went ice bathing).

The trailhead was as we left it earlier . . . just our cars. Reluctantly we got dressed and headed back to the highway. Tunnel Creek is a great weekday nude hike, and except for the switchbacks, sight distance is adequate for advance warning of approaching hikers. The lakes at the top provide lots of areas for frolicking around au’natural, and I would imagine the lakes, being shallow, would made for good skinny-dipping later in the summer.


Add comment May 27, 2005

Legal: The Cahill Memo (California State Parks)

While not legally applicable to the Pacific Northwest, the Cahill Memo designates a hands-off approach to dealing with clothing-optional areas within the State of California. Many jurisdictions outside of California use the Cahill Memorandum as a basis on their approach to simple nudity on public lands. I thought it would be interesting reading.

In essence:
  • Certain areas are, or have been traditionally used for clothing optional activities
  • If a private citizen complains, you can be asked to cover up for the remainder of the day
  • If you do not cover up, you can be cited or arrested
  • A new day requires a fresh complaint by a private citizen before you can be asked to cover up again
  • A law enforcement officer, while on duty, is not a ‘private citizen’ and cannot make a complaint on his or her own volition

These three documents explain California State Parks “Cahill Policy.”
  • The original May 31, 1979 letter from State Parks director Russell Cahill, setting forth the policy.
  • The one-page June 1988 letter from Jack Harrison (deputy director for operations of the California State Parks dept) to Cec Cinder of the then Western Sunbathing Association, Inc. (now AANR West), in reply to an inquiry Cec had written about the impact of the California vs. Bost ruling on the state parks.
  • The 13-page opinion of the appeals court in the California vs. Bost case itself.

The Cahill Memo

State of California
M e m o r a n d u m
Date:MAY 3 1 1979

To:

All Division/Office ChiefsAll District SuperintendentsAll Area Managers

From:Department of Parks and Recreation

Subject:

Clothing Optional Beaches

No clothing optional beaches will be designated within the California State Park System at this time. During the public meeting process, it became clear to me that the public is extremely polarized on this issue. It also became clear that there is a serious concern on the part of clothing
optional beach opponents about the extra costs of patrolling beaches so designated.

Proponents’ arguments that a few miles of beach be set aside for their use were pervasive. However, serious opposition from legislators, county supervisors and local governing bodies lead me to believe that designating such areas will focus opponents’ attention upon what seems to be a victimless crime at worst, and certainly an innocuous action.

The cost of extra services argument is a good one. Therefore, it shall be the policy of the Department that enforcement of nude sunbathing regulations within the State Park System shall be made only upon the complaint of a private citizen. Citations or arrests shall be made only after attempts are made to elicit voluntary compliance with the regulations. This policy
should free up enforcement people to concentrate on other pressing duties.

Russell W. Cahill

Russell W. Cahill
Director

The Harrison letter to the Western Sunbathing Association

DEPARTMENT OF PARKS AND RECREATION
P.O. BOX 942896
SACRAMENTO 94296-0001

(916) 445-2358

JUN 14, 1988

Cec Cinder
Western Sunbathing Association Inc.
P.O. Box 328
Moreno Valley, CA 92337

Dear Cec Cinder:

In People vs. Eric John Bost, Placer County Superior (Appellate) No. 75689, the court held that the public receives fair notice that clothing-optional activities like “skinny dipping” are permitted only at recognized locations within the state parks, unless a request for cessation of such activities is made by an enforcement officer upon public complaint. Upon such warning, the activity must stop for the day. By prohibiting the activity for the balance of the day, it is likely that the skinny dipper and complaining party will not encounter one another again thus serving the purpose of the “Cahill policy” in a rational, easily understandable way.

This construction also fairly advises law enforcement and prosecutors of how the law is to be enforced. So long as the activity takes place in a traditionally recognized area it is legal unless and until a complaint from a member of the public is received. Upon such complaint a warning is to be issued and, if not heeded, a violation (of Title 14, California Code of Regulations Section 4322) has occurred. Further activities of a person so warned are prohibited for the balance of the day, but activities on later days are proscribed only if preceded by a new public complaint and renewed warning.

This Department concurs in the holding of the court and will not seek appellate review of this court’s judgment.

A copy of the opinion is enclosed for your use.

Sincerely,
Signed
Jack V. Harrison
Deputy Director for Operations

G-7729X

Enclosure

cc: All Regional Directors
Mr. Bruce Kranz, District Superintendent
Folsom Lake District

People vs. Eric John Bost, Placer County Superior (Appellate) No. 75689

RECEIVED MAY 16 1989
FILED FEB 22 1988
MARY ANN HULSE
COUNTY CLERK OF PLACER COUNTY

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF PLACER
APPELLATE DEPARTMENT

THE PEOPLE OF THE STATE OF ) NO. 75689
CALIFORNIA, ) (Muni.Ct.No.CRl-2947)
)
Plaintiff & Respondent, )
) OPINION
vs. )
)
ERIC JOHN BOST, )
)
Defendant & Appellant. )
_________________________________)

Eric John Bost (Bost) appeals his conviction after court trial of violating Section 4322 of Title 14 of the California Administrative Code (”Section 4322″), prohibiting nudity within the state parks. Bost contends that his conviction must be reversed because Section 4322 unconstitutionally infringes his right to “skinny dip”; because the policies adopted by the state parks with respect to enforcement of the statute as applied in Bost’s case render its enforcement arbitrary and discriminatory; and because Bost’s conduct was not prohibited by the statute and administrative policies concerning its enforcement. We conclude that long-standing and well-publicized policies concerning nudity in the State Park

- 1 -


System define and limit conduct prohibited by Section 4322 and that Bost’s activities were not in violation of that section. Accordingly, we shall reverse. Section 4322 of Title 14 of the California Administrative Code provides:

“No person shall appear nude while in any unit of the State Park System except in authorized areas set aside for that purpose. The word nude as used herein means unclothed or in such a state of undress as to expose any part or portion of the pubic or anal region or genitalia or any portion of the breast at or below the areola thereof of any female.”

Violation of that administrative regulation of the state park system is made punishable as a misdemeanor by Section 5008 of the California Public Resources Code. After public hearings conducted by the State Park System on the question of whether and what areas of the state parks should be set aside as “clothing optional” areas of the state parks, the then Director of the California Department of Parks and Recreation, Russell W. Cahill, adopted a policy that, “No clothing optional beaches will be designated within the California State Park System at this time. During the public meeting process, it became clear to me that the public is extremely polarized on this issue. It also became clear that there is a serious concern on the part of clothing optional beach opponents about the extra costs of patrolling beaches so designated. [P] Proponents’ arguments that a few miles of beach be set aside for their use were pervasive (sic). However, serious opposition from legislators, county supervisors and local governing bodies leads me to believe that designating such

- 2 -


areas will focus opponents’ attention upon what seems to be a victimless crime at worst, and certainly an innocuous action. [P] The cost of extra services argument is a good one. Therefore, it shall be the policy of the Department that enforcement of nude sunbathing regulations within the State Park System shall be made only upon the complaint of a private citizen. Citations or arrests shall be made only after attempts are made to elicit voluntary compliance with the regulations. This policy should free up enforcement people to concentrate on other pressing duties.”[1] The “Cahill Policy” has remained the enforcement policy of the State Park System throughout the State of California. The policy has been widely disseminated and is well known within the public, and particularly among those who enjoy nude sunbathing at the state parks. In addition, while the Department has declined to designate specific areas as clothing optional as permitted by the provisions of Section 4322, a number of locations within various state parks have, by custom and practice, become known and accepted as areas where clothing optional activities are tolerated. Indeed, evidence introduced at the trial suggests that the Department has, if not overtly encouraged, at least knowingly failed to discourage in any way individual and organized nude activities at various locations within the State Park System over the years.

—————–
1 The evidence concerning the adoption of policies their dissemination and public awareness of the policy were not controverted at the trial. So too, the essential facts surrounding Mr. Bost’s arrest were not in substantial dispute.

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The Bear (sic)[2] Cove area has become well known as a location within Folsom State Park where clothing optional activities can take place with the knowledge and without complaint from enforcement authorities except as specified by the Cahill policy. For example, approximately one month before Eric Bost was arrested at Bear Cove, the Department of Parks and Recreation acquiesced in the holding of organized “National Nude Weekend” activities at Bear Cove. The availability of clothing optional facilities in various areas of the state park, including the Bear Cove area, has been featured in a number of widely available private publications. In addition, though the Department of Parks and Recreation has not officially designated any “clothing optional” areas within the State Park System, an official publication of a sister state agency lists areas within several state parks as being available for clothing optional activities. The “California Coastal Access Guide” published by the California Coastal Commission of the State of California, lists four “clothing optional” locations in four separate state parks, though not including Bear Cove. The listings do not include references to the prohibition of Section 4322 and, indeed, are put forth in inviting terms, describing the locations as, “sandy, clothing optional beach”, “popular clothing optional beach”, “popular sunbathing beach; clothing optional”, and, simply, “clothing optional.”

—————–
2. The record does not tell us if the choice of this area was
an intended pun.

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In addition to the testimony of Mr. Bost, who indicated his awareness of the general acceptance of nudity at the Bear Cove area of Folsom State Park and, in general, of the tolerance of clothing optional activities throughout the State Park System, the testimony of a number of other individuals active in individual and organized nude activities was introduced to establish that innocent nude sunbathing and swimming is at least tolerated, if not encouraged, in various areas of the state parks. Bear Cove, part of the popular Granite Bay recreation portion of Folsom, is a rather secluded area of beach located in a cove which, while accessible from the water, is not easily visible to those passing by on the water or by land. Because of this seclusion, it has become a popular location for nude sunbathing and swimming. Because of this seclusion, these innocent activities of nude sunbathers and swimmers has attracted little private or public attention or criticism. On Saturday, August 10, 1985, Mr. Bost was on the Bear Cove beach dressed only in a pair of scuba diving boots. A park ranger entered Bear Cove in a boat, spoke with a number of nude recreators and ultimately approached Bost. The ranger stated that there had been complaints concerning the Bear Cove activities that day and directed Bost, as he had others, to dress or that a citation would be issued. In fact there had been a single complaint by a passing fisherman. Appellant complied, dressed and left the area.

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Bost returned to Bear Cove on August 11 and was again swimming, nude at the Bear Cove area.[3] The same ranger again approached the area and Bost. The ranger advised Bost that he had been warned yesterday and then, without further warning, cited him for violation of Section 4322 and asked him to dress. No complaint had been received of the activities of appellant or of any others at the Bear Cove area on that Sunday. A number of other nude sunbathers present on Sunday were warned and told to dress. Evidence was also introduced of one individual who received a citation on Sunday who had not received a previous warning either on Sunday or on the previous Saturday. Bost’s citation led to trial before the municipal court and the conviction from which he appeals. We deal first with Bost’s contention that Section 4322 violates his constitutionally protected right to nude sunbathing. Bost refers us to Williams v. Kleppe (1976) 539 Fed.2d 803. There, a Federal Circuit Court upheld a national park regulation prohibiting nude activities on the Cape Cod Seashore National Park. In upholding the regulation, however, the court recognized some constitutionally cognizable interest in nude bathing where such activities had been historically conducted in secluded areas where the conduct was unlikely to be offensive to passers-by. (Williams v. Kleppe, supra, 539 Fed.2d at 807, citing Williams v. Hathaway (1975) 400 Fed.Supp.122, 127.) Appellant does not contend, nor could he based upon any authority we have found, that the right to engage in nude

—————–
3. Perhaps establishing a use of the phrase “double dipping”
outside of the area of public retirement.

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activities in the state parks or elsewhere is a fundamentally protected right. While we do not mean to equate nude sunbathing with activities such as seductive nude dancing or other purposeful public displays of nudity involving sexuality, the cases upholding regulation of the latter activities recognize that there are legitimate state interests in prohibiting nudity which might be offensive to others in public places. (Crownover v. Musick (1973) 9 Cal.3d 405; 107 Cal.Rptr. 681; Eckl v. Davis (1975) 51 Cal.App.3d 831, 124 Cal.Rptr. 685). We conclude that the potential that simple nude sunbathing or swimming activities may be offensive to the sensibilities of other state park users is sufficient to warrant the prohibition of such activities within the State Park System. Section 4322 is a valid and constitutional exercise of the police power of the state. We will address Appellant’s contentions concerning the interpretation of Section 4322 and the policies concerning its enforcement together, as their resolution raises common issues. We note, first, that Appellant has made no contention, nor is there any evidence, that his prosecution was grounded on enforcement policies that singled him out for prosecution based on some constitutionally prohibited basis. Absent such evidence, the fact that certain persons, including Appellant, are cited for violation of Section 4322 while others are not, is not grounds for reversal of his conviction. (See, for example, Murgia v. Municipal Court (1975) 15 Cal.3d 286, 124 Cal.Rptr. 204, Oyler v. Boles (1962) 368 U.S. 448, 456, 7 L.Ed.2d. 446, 453.) Appellant’s contentions concerning “arbitrary and discriminatory enforcement” are more appropriately seen as a

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challenge to the section as being rendered unconstitutionally vague due to the application of the enforcement policy of the Department of Parks and Recreation as typified in this case. The contention has substantial merit. It is a fundamental component of due process, protected both under Article 1, Section 7, of the California Constitution and the Fourteenth Amendment to the United States Constitution, that there must be a certain level of definiteness in criminal statutes. (Burg v. Municipal Court (1983) 35 Cal.3d 257, 198 Cal.Rptr. 145.) “Today it is established that due process requires a statute to be definite enough to provide (1) a standard of conduct for those whose activities are proscribed and (2) a standard for police enforcement and for ascertainment of guilt.” (ibid.) In order to meet the first test of definiteness, a statute must give fair notice of what conduct it seeks to prohibit. “A statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application violates the first essential of due process of law.” (Connelly v. General Construction Company (1926) 269 U.S. 385, 391; 46 S.Ct. 126, 127; 70 L.Ed. 322. It is evident that the prohibitory language of Section 4322 itself gives at least reasonably fair notice of the total prohibition of nudity in the state parks, except in authorized areas. Passing for the moment, the question of “authorized areas”, we note that the statute, without more, is sufficiently clear and precise to warn people of common intelligence of the conduct it prohibits. To

- 8 -


end the analysis of the problem here, as respondent suggests, however, would impermissably ignore the uncontroverted evidence of the long-standing tolerance and encouragement of nude activities in certain areas of various state parks. The due process requirement of precision is intended to provide ordinary individuals with knowledge of what it is the state seeks to prohibit them from doing. “The notice provided must be such that prosecution does not ‘trap the innocent’ without ‘fair warning’ (Grayned v. City of Rockford (1972) 408 U.S. 104, 108, 92 S.Ct. 2294, 2299, 33 L.Ed.2d 222.)” (Burg v. Municipal Court, supra, 35 Cal.3d at 271; 198 Cal.Rptr. at 153.) While the usual problem is the vagueness of statutory language, we conclude that where long-standing and well publicized official policies of the state expressly permit or encourage activities which are technically unlawful, prosecution based upon such conduct offends basic notions of due process. Courts routinely refer to external indicia of precision, including announced administrative policy, to interpret otherwise vague statutes with the precision necessary to avoid their unconstitutionality. (See, for example, Pennisi v. State Fish and Game (1979) 97 Cal.App.3d 268; 158 Cal.Rptr. 683; Burg v. Municipal Court, supra, 35 Cal.3d 257, 272; 198 Cal.Rptr. 145, 154; County of Nevada v. McMillan (1974) 11 Cal.3d 662, 673; 114 Cal.Rptr.345.) In Pennisi, for example, the court considered evidence of well publicized policies of the Fish and Game department concerning methods of measuring fish net mesh to determine their legality to clarify the language of a purportedly vague statute

- 9 -


providing for civil and criminal penalties. In Burg, the Supreme Court looked to external evidence acquainting the public with the effects of drinking on determined blood alcohol levels in holding that the provisions of subsection (b) of Vehicle Code section 23152, prohibiting driving with a blood alcohol level of .10% by volume, provided fair notice of the conduct prohibited. Among the external indicia of notice relied on by the court was the common Department of Motor Vehicles driver information pamphlet. These cases demonstrate that apparently vague statutory language can be given meaning so as to provide fair notice by reference to external indicia of meaning, including broadly disseminated enforcement policies. We believe that similar external indicia, when in the form of well publicized and widely known policy statements and practices, can create sufficient confusion in the mind of a reasonable person as to what conduct is actually prohibited by the state so as to render enforcement of an otherwise clear Penal statute violative of due process in particular circumstances. Before declaring a statute unconstitutional, however, we are obligated to ascertain if it is subject to definition consistent with legislative intent that avoids its unconstitutionality. (Pryor v. Municipal Court (1979) 29 Cal.3d 238; 158 Cal.Rptr. 330; People v. Soto (1985) 171 Cal.App.3d 1158; 217 Cal.Rptr. 795.) As we have just noted, such interpretation may make reference to external indicia. Moreover, the construction of a statute by the agency charged

- 10 -


with its enforcement is entitled to great weight. (California Welfare Rights Organization v. Bryan (1974) 11 Cal.3d 237, 113 Cal.Rptr. 154; Pennisi v. State Fish and Game Department, supra, 97 Cal.App.3d 272, 284, 158 Cal.Rptr. 683, 687.) We believe that the statutory language and policies can be harmonized to arrive at a statutory construction consistent with legislative intent and due process notice requirements. Applying these rules to the statute in question we reach several conclusions. First, we conclude that, though the 1979 Cahill policy eschews an intention on the part of the Department to designate clothing optional beaches, the subsequent enforcement practices and policies of the Department have resulted in the designation of certain areas as “clothing optional”, Bear Cove is such an area. Secondly, we conclude that the department has availed itself of the discretion granted it by the legislature to make the clothing optional use of these beaches conditioned upon the absence of citizen complaint to law enforcement officers. We also conclude that a reasonable construction of this policy which is consistent with legislative intent and the policies and practices established at the trial is that a warning to discontinue nude activities cannot be construed to be a ban “forever” of the future pursuit of nude activities at the state park. We find that the policy contemplates that an individual may return to the same location on a subsequent day after a complete cessation of nude activities on request of an enforcement officer. This construction meets the two elements of due process notice required by Burg and similar cases. By reading

- 11 -


the long-applied policy as a conditional designation of clothing optional beaches, the public receives fair notice that clothing optional activities like “skinny dipping” are permitted only at recognized locations within the state parks, unless a request for cessation of such activities is made by an enforcement officer upon public complaint. Upon such warning, the activity must stop for the day. By prohibiting the activity for the balance of the day, it is likely that the skinny dipper and complaining party will not encounter one another again, thus serving the purpose of the “Cahill policy” in a rational, easily understandable way. This construction also fairly advises law enforcement and prosecutors of how the law is to be enforced. So long as the activity takes place in a traditionally recognized area, it is legal unless and until a complaint from a member of the public is received. Upon such complaint, a warning is to be issued and, if not heeded, a violation has occurred. Further activities of a person so warned are prohibited for the balance of the day, but activities on later days are proscribed only if preceded by a new public complaint and renewed warning.

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For these reasons, we conclude that the conduct which Appellant engaged in on Sunday, August 11, 1985, was not in violation of Section 4322 and that, accordingly, his conviction must be reversed.

Dated: February 22, 1988

GILBERT, P.J.

I concur: [4]
COUZENS, J.

—————–
4. By stipulation of the parties at oral argument, this matter
was submitted to a two judge panel of the court.

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Add comment May 25, 2005

Legal: The Cahill Memo (California State Parks)

While not legally applicable to the Pacific Northwest, the Cahill Memo designates a hands-off approach to dealing with clothing-optional areas within the State of California. Many jurisdictions outside of California use the Cahill Memorandum as a basis on their approach to simple nudity on public lands. I thought it would be interesting reading.

In essence:
  • Certain areas are, or have been traditionally used for clothing optional activities
  • If a private citizen complains, you can be asked to cover up for the remainder of the day
  • If you do not cover up, you can be cited or arrested
  • A new day requires a fresh complaint by a private citizen before you can be asked to cover up again
  • A law enforcement officer, while on duty, is not a ‘private citizen’ and cannot make a complaint on his or her own volition

These three documents explain California State Parks “Cahill Policy.”
  • The original May 31, 1979 letter from State Parks director Russell Cahill, setting forth the policy.
  • The one-page June 1988 letter from Jack Harrison (deputy director for operations of the California State Parks dept) to Cec Cinder of the then Western Sunbathing Association, Inc. (now AANR West), in reply to an inquiry Cec had written about the impact of the California vs. Bost ruling on the state parks.
  • The 13-page opinion of the appeals court in the California vs. Bost case itself.

The Cahill Memo

State of California
M e m o r a n d u m
Date:MAY 3 1 1979

To:

All Division/Office ChiefsAll District SuperintendentsAll Area Managers

From:Department of Parks and Recreation

Subject:

Clothing Optional Beaches

No clothing optional beaches will be designated within the California State Park System at this time. During the public meeting process, it became clear to me that the public is extremely polarized on this issue. It also became clear that there is a serious concern on the part of clothing
optional beach opponents about the extra costs of patrolling beaches so designated.

Proponents’ arguments that a few miles of beach be set aside for their use were pervasive. However, serious opposition from legislators, county supervisors and local governing bodies lead me to believe that designating such areas will focus opponents’ attention upon what seems to be a victimless crime at worst, and certainly an innocuous action.

The cost of extra services argument is a good one. Therefore, it shall be the policy of the Department that enforcement of nude sunbathing regulations within the State Park System shall be made only upon the complaint of a private citizen. Citations or arrests shall be made only after attempts are made to elicit voluntary compliance with the regulations. This policy
should free up enforcement people to concentrate on other pressing duties.

Russell W. Cahill

Russell W. Cahill
Director

The Harrison letter to the Western Sunbathing Association

DEPARTMENT OF PARKS AND RECREATION
P.O. BOX 942896
SACRAMENTO 94296-0001

(916) 445-2358

JUN 14, 1988

Cec Cinder
Western Sunbathing Association Inc.
P.O. Box 328
Moreno Valley, CA 92337

Dear Cec Cinder:

In People vs. Eric John Bost, Placer County Superior (Appellate) No. 75689, the court held that the public receives fair notice that clothing-optional activities like “skinny dipping” are permitted only at recognized locations within the state parks, unless a request for cessation of such activities is made by an enforcement officer upon public complaint. Upon such warning, the activity must stop for the day. By prohibiting the activity for the balance of the day, it is likely that the skinny dipper and complaining party will not encounter one another again thus serving the purpose of the “Cahill policy” in a rational, easily understandable way.

This construction also fairly advises law enforcement and prosecutors of how the law is to be enforced. So long as the activity takes place in a traditionally recognized area it is legal unless and until a complaint from a member of the public is received. Upon such complaint a warning is to be issued and, if not heeded, a violation (of Title 14, California Code of Regulations Section 4322) has occurred. Further activities of a person so warned are prohibited for the balance of the day, but activities on later days are proscribed only if preceded by a new public complaint and renewed warning.

This Department concurs in the holding of the court and will not seek appellate review of this court’s judgment.

A copy of the opinion is enclosed for your use.

Sincerely,
Signed
Jack V. Harrison
Deputy Director for Operations

G-7729X

Enclosure

cc: All Regional Directors
Mr. Bruce Kranz, District Superintendent
Folsom Lake District

People vs. Eric John Bost, Placer County Superior (Appellate) No. 75689

RECEIVED MAY 16 1989
FILED FEB 22 1988
MARY ANN HULSE
COUNTY CLERK OF PLACER COUNTY

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF PLACER
APPELLATE DEPARTMENT

THE PEOPLE OF THE STATE OF ) NO. 75689
CALIFORNIA, ) (Muni.Ct.No.CRl-2947)
)
Plaintiff & Respondent, )
) OPINION
vs. )
)
ERIC JOHN BOST, )
)
Defendant & Appellant. )
_________________________________)

Eric John Bost (Bost) appeals his conviction after court trial of violating Section 4322 of Title 14 of the California Administrative Code (”Section 4322″), prohibiting nudity within the state parks. Bost contends that his conviction must be reversed because Section 4322 unconstitutionally infringes his right to “skinny dip”; because the policies adopted by the state parks with respect to enforcement of the statute as applied in Bost’s case render its enforcement arbitrary and discriminatory; and because Bost’s conduct was not prohibited by the statute and administrative policies concerning its enforcement. We conclude that long-standing and well-publicized policies concerning nudity in the State Park

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System define and limit conduct prohibited by Section 4322 and that Bost’s activities were not in violation of that section. Accordingly, we shall reverse. Section 4322 of Title 14 of the California Administrative Code provides:

“No person shall appear nude while in any unit of the State Park System except in authorized areas set aside for that purpose. The word nude as used herein means unclothed or in such a state of undress as to expose any part or portion of the pubic or anal region or genitalia or any portion of the breast at or below the areola thereof of any female.”

Violation of that administrative regulation of the state park system is made punishable as a misdemeanor by Section 5008 of the California Public Resources Code. After public hearings conducted by the State Park System on the question of whether and what areas of the state parks should be set aside as “clothing optional” areas of the state parks, the then Director of the California Department of Parks and Recreation, Russell W. Cahill, adopted a policy that, “No clothing optional beaches will be designated within the California State Park System at this time. During the public meeting process, it became clear to me that the public is extremely polarized on this issue. It also became clear that there is a serious concern on the part of clothing optional beach opponents about the extra costs of patrolling beaches so designated. [P] Proponents’ arguments that a few miles of beach be set aside for their use were pervasive (sic). However, serious opposition from legislators, county supervisors and local governing bodies leads me to believe that designating such

- 2 -


areas will focus opponents’ attention upon what seems to be a victimless crime at worst, and certainly an innocuous action. [P] The cost of extra services argument is a good one. Therefore, it shall be the policy of the Department that enforcement of nude sunbathing regulations within the State Park System shall be made only upon the complaint of a private citizen. Citations or arrests shall be made only after attempts are made to elicit voluntary compliance with the regulations. This policy should free up enforcement people to concentrate on other pressing duties.”[1] The “Cahill Policy” has remained the enforcement policy of the State Park System throughout the State of California. The policy has been widely disseminated and is well known within the public, and particularly among those who enjoy nude sunbathing at the state parks. In addition, while the Department has declined to designate specific areas as clothing optional as permitted by the provisions of Section 4322, a number of locations within various state parks have, by custom and practice, become known and accepted as areas where clothing optional activities are tolerated. Indeed, evidence introduced at the trial suggests that the Department has, if not overtly encouraged, at least knowingly failed to discourage in any way individual and organized nude activities at various locations within the State Park System over the years.

—————–
1 The evidence concerning the adoption of policies their dissemination and public awareness of the policy were not controverted at the trial. So too, the essential facts surrounding Mr. Bost’s arrest were not in substantial dispute.

- 3 -


The Bear (sic)[2] Cove area has become well known as a location within Folsom State Park where clothing optional activities can take place with the knowledge and without complaint from enforcement authorities except as specified by the Cahill policy. For example, approximately one month before Eric Bost was arrested at Bear Cove, the Department of Parks and Recreation acquiesced in the holding of organized “National Nude Weekend” activities at Bear Cove. The availability of clothing optional facilities in various areas of the state park, including the Bear Cove area, has been featured in a number of widely available private publications. In addition, though the Department of Parks and Recreation has not officially designated any “clothing optional” areas within the State Park System, an official publication of a sister state agency lists areas within several state parks as being available for clothing optional activities. The “California Coastal Access Guide” published by the California Coastal Commission of the State of California, lists four “clothing optional” locations in four separate state parks, though not including Bear Cove. The listings do not include references to the prohibition of Section 4322 and, indeed, are put forth in inviting terms, describing the locations as, “sandy, clothing optional beach”, “popular clothing optional beach”, “popular sunbathing beach; clothing optional”, and, simply, “clothing optional.”

—————–
2. The record does not tell us if the choice of this area was
an intended pun.

- 4 -


In addition to the testimony of Mr. Bost, who indicated his awareness of the general acceptance of nudity at the Bear Cove area of Folsom State Park and, in general, of the tolerance of clothing optional activities throughout the State Park System, the testimony of a number of other individuals active in individual and organized nude activities was introduced to establish that innocent nude sunbathing and swimming is at least tolerated, if not encouraged, in various areas of the state parks. Bear Cove, part of the popular Granite Bay recreation portion of Folsom, is a rather secluded area of beach located in a cove which, while accessible from the water, is not easily visible to those passing by on the water or by land. Because of this seclusion, it has become a popular location for nude sunbathing and swimming. Because of this seclusion, these innocent activities of nude sunbathers and swimmers has attracted little private or public attent