The U.S. Forest Service is enforcing the 10-person limit rule in the Lusk Creek, Garden of the Gods and Bay Creek Wilderness areas.

On Friday, the Forest Service issued a citation to John O'Dell, chairman of the River to River Trail Society and chairman of Saline County Tourism Board, charging he was in violation of the law that went into effect last year.

“To the best of my knowledge, he is the only one so far,” Shawnee National Forest spokeswoman Becky Banker said.

O'Dell said the evidence used by the Forest Service was a group photograph on an Internet site indicating the hike was Nov. 3, 2007, in the Lusk Creek Wilderness Area. There are 27 people in the photograph, and the photographer made 28 people in the group on that day. The hike was one of the scheduled Saturday morning hikes of the River to River Trail Society.

O'Dell said the fine was $375 and he was told if he contests the citation in court, the judge could sentence him to $5,000 or six months' imprisonment.

“They told me in there if I go to court, it could be six months in jail or a $5,000 (fine). I don't have six months or $5,000. You're hamstrung unless somebody wants to make a martyr of themselves,” O'Dell said.

O'Dell, who formerly served as superintendent at Benton Consolidated High School, considers the evidence against him as hearsay.

He also wonders why the agency has waited so long to address the issue.

He and several other groups appealed the Forest Service's Trails Designation Project that imposed the 10-person limit on the three Wilderness Areas. He said he was not notified that his appeal was dismissed. O'Dell also recently sent a comment against the Forest Service's proposal to impose fees in certain recreation areas and for horse riders to use designated trails.

“I sent a letter opposing the fees last week,” O'Dell said.

O'Dell also recently spoke to the Saline County Board which then signed a resolution opposing the Forest Service's fee proposal.

Banker said she is not aware whether the trailheads for the wilderness areas have postings up making people aware of the 10-person group limit.

“I can't tell you it is posted today, but since we have enforced the rule, we have had it posted,” Banker said.

She said the agency's notices on bulletin boards are constantly being torn down.

“We have had press releases, notices here at the office and on the Web site,” Banker said.

Banker said every person that is in a group is considered responsible for the size of the group and is subject to a citation. She did not know if every person in the photograph of the Nov. 3, 2007, should expect a citation.

“The only thing I'm getting in response to that is the situation is under investigation,” Banker said.

The Trail Designation Project's group size limit rule indicates if separate groups come together in one of the three Wilderness Areas and there are more than 10 in the same area they are to separate immediately or risk a citation. Trailheads and horse tie-up areas are exempted.

O'Dell believes the rule will deter tourism and opens the door for maliciousness. Anyone can post a photo on the Internet, name more than 10 people in the group and indicate the photo was taken in one of the three Wilderness Areas. If the Forest Service decides to prosecute, the accused people will either pay the fine or have to contest the issue in federal court, knowing six months in jail or a $5,000 fine could be the outcome.

“We have been working trying to get hiking started for a long time, and it feels like we can't go in the woods without being prosecuted,” O'Dell said.

O'Dell is not likely to stop organizing group hikes, but the citation scares him.

“I can't afford to do this,” O'Dell said.

The next River to River Trail Society hike is 10 a.m. Saturday on the Crest Trail, which is not in one of the three Wilderness Area where the 10-person rule applies. Those who would like to go should meet at the Tecumseh Statue at Glen O. Jones Lake for the walk up the Eagle Mountains to Stoneface.