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The National Park Service is considering its first restrictions on where and when air tours can fly over federal parks in Marin County.
The new rules would halve the number of yearly air tours allowed over Point Reyes National Seashore and the Golden Gate National Recreation Area, and ban flights over Muir Woods National Monument. The rules would also impose new restrictions on altitudes, flight times, routes and distance from sensitive wildlife areas.
The National Park Service said the plan will work to reduce disturbances to wildlife such as migratory birds and marine mammals such as sea lions while also improving the experience for park visitors.
However, one of the two air tour businesses allowed to fly over the national parks is questioning the rationale behind some of the new restrictions.
Aaron Singer, chief executive officer of Seaplane Adventures in Mill Valley, said the new altitude limits would require him to fly a slow-moving seaplane in the same airspace as larger commercial jets. The altitude would also require him to request permission from air traffic controllers at San Francisco International Airport for every flight tour.
“To me, that’s a safety problem because they don’t want us up there,” Singer said. “They have airplanes coming up there from all points.”
The National Park Service is hoping to adopt the plan in early 2023. The California Coastal Commission is set to review the plan on Nov. 17 for compliance with state coastal regulations. The San Francisco Bay Conservation and Development Commission will also review the proposed rules.
The plan would be the first time the National Park Service has defined rules for air tours over Point Reyes National Seashore and the Golden Gate National Recreation Area since Congress passed a law in 2000 requiring the agency and Federal Aviation Administration to do so.
After the law was passed, the park service allowed two air tour companies — Seaplane Adventures and San Francisco Helicopters — to conduct up to 5,090 air tours over the two parks as part of a temporary agreement until more formal rules were drafted. The interim agreement does not set specific requirements such as minimum altitude, routes and trip times.
The park service plan states that the existing flight limit “greatly exceeds” the number carried out by two companies each year. In response, the plan would limit the number of flights to about 2,550 flights per year split between the two companies.
Of these flights, only 143 airplane tours are allowed to fly over Point Reyes each year. Helicopter tours would be barred from flying over Point Reyes and all air tours would be prohibited over Muir Woods National Monument.
Air tours would only be allowed from 9 a.m. until 30 minutes after sunset at the Golden Gate National Recreation Area and San Francisco Maritime National Historical Park. At Point Reyes, air tours would be limited to noon to 5 p.m. However, companies that install quiet technology on their aircraft would be allowed to conduct tours one hour after sunrise.
Vicki Ward, a National Park Service program manager, said the plan also will allow for new air tour operators to apply. Ward said the agency intends to finalize the plan before the end of January.
Singer said the park service’s plan would not alter his routes or set flight limits that would impact his business, which has flown planes over the Marin parks since 1946. The proposed altitude limits for seaplanes, however, would put his business at a disadvantage compared to helicopter tours, he said.
While seaplanes would be required to maintain at least 1,500 to 2,500 feet depending on the area, helicopters would be allowed to have altitudes between 1,000 to 1,500 feet, he said.
“An additional 1,000 feet also puts us at a competitive disadvantage compared to helicopters as we would be forced to fly so high over the bay and its many features that we would be uncompetitive compared to helicopter tours,” Singer said. “This is an unfair taking of my business and unfairly picks winners and losers in a competitive air tour environment.”
San Francisco Helicopters did not respond to requests for comment.
While Singer said the park service initially worked with his company and San Francisco Helicopters when it was working to draft the rules, he said that there has been little communication in the following years.
Marin Audubon president Barbara Salzman lauded the new rules, especially requirements that air tours fly no closer than 1,000 feet lateral distance from nesting shorebird colonies, peregrine falcon nests and marine mammal haul-out areas.
“I think what they did sounds perfect,” Salzman said. “They put restrictions on the timing and the height.”
More information about the plan can be found online at bit.ly/3DJXSp3.
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