United States v. Hells Canyon Guide Service, Inc., an Oregon Corporation, and Forest O. Garrigus, Jr., Individually

The factual background surrounding this controversy is relatively simple and is not disputed.

On August 11, 1975, appellant Forest 0. Garrigus, Jr. purchased the Hells Canyon Guide Service. This Service was involved in commercial boating operations on the Snake River in the vicinity of the Hells Canyon National Recreation Area.

In 1973, the Forest Service had instituted a moratorium on the issuance of commercial “float” boat permits for the Snake River. In February of 1976, Garrigus filed an application for a permit authorizing float boat trips on the Snake River during the 1976 season. This application was denied by the Forest Service on the grounds that the 1973 moratorium on new float boat permits was still in effect. In March of 1976, the Forest Service did issue a permit to Garrigus which enabled him to conduct “jet” boat trips on the Snake River until December 31, 1976.

On April 29, 1976, a letter was sent to Garrigus by the Forest Service informing him of his violation of the terms of his jet boat permit. Specifically, Garrigus was charged with violating clause 32 of the permit by circulating brochures advertising services that were beyond those authorized by his permit.…