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A way to show your support.
Letter to Island Free Press
One Mans' Opinion
June 26, 2008Chris Canfield Executive Director/Vice President Audubon North Carolina 123 Kingston Drive, Suite 206AChapel Hill, NC 27514 Dear Mr. Canfield, As I sit reading your message written in early June concerning the pending legislation in Washington aimed at overturning the Outer Banks beach access “Negotiated Settlement”, two thoughts come to mind. I often wonder how much of information put out by the National Audubon Society concerning the “Negotiated Settlement” is actually believed by Audubon members. I have come to the conclusion that, as inaccurate as this information often is, many of your members actually buy in to it. As your organization continues its crusade to close down our beaches, it would seem that many of your members truly believe what they are doing is right. Actually, I find that those of us being denied the privilege of using the beaches have much in common with members of the Audubon Society. Like you, we love wildlife and would go to extremes to protect it, be it a fish, bird, fox or raccoon. Anyone walking by as a seagull gets tangled in a surf fisherman’s line would understand this is true. Without exception, when a gull gets tangled, nearby fisherman rush over to see what they can do to help free the bird unharmed. We are not against the well being of turtles, Piping Plover or any other types of wildlife, to the contrary, we will go out of our way to ensure animals are protected. Why is it then that our group and your members are not allies? We are similar is some ways, but very different in one major respect. Our group loves and defends wildlife with a passion, but understands and believes that this must be done with the welfare of humans taken into consideration. You and your members, on the other hand, pursue the protection of wildlife without the slightest concern to what effects your actions might have on the human population. Its really kind of sad, the two groups could work so well together, but that one difference is a real show stopper. So, we lovers of the beaches of the OBX will continue to fight the injustice the National Audubon Society is shoving down our throats (“negotiated settlement”???). Your organization has the money and power to make our fight extremely difficult, but please do not think we will go away easily. In the meantime, your organization, which many of us grew up believing was a wonderful defender of wildlife, will be remembered by many of us as an uncompromising bully, adversely effecting the lives of thousands of Americans. Regards,James xxxxxxxx
OBPA reply to the Va. Pilot editorial
Dear Editor; It is unbelievable that a newspaper such as the Virginian Pilot, should advocate that the citizens of the United States of America abdicate their 1st Amendment right to petition their elected officials for a redress of a wrong but instead place their faith in a single federal Judge who presided over an issue framed by a well funded, high profiled, single issue, special interest group. And furthermore, the Va. Pilot declares in the same column, contradictory positions which state the National Park Service should manage the resources according to sound science and then states the resources be managed by a set of draconian rules by the new “Resource Managers,” the Special Interest Groups and a compliant U.S. Solicitor sitting in a smoked filled room, where the scientific basis for those rules is never viewed by the public challenged or tested in open court. It is erroneous to claim the Interim Bird Strategy Plan at Cape Hatteras is somehow weaker than the provisions of the consent decree. The Interim Strategy Plan was developed from a public process comprised of input from citizens, environmentalists, USFWS, NPS and USGS, that offered the best available science for the protection of the wildlife. The U.S. Fish and Wildlife Service issued a FONSI report that showed a “finding of no significant impact” to the wildlife. This was the plan to guide the public through the Negotiated Rule Making Process until NPS could write the final rule. The consequences of the consent decree are economically destructive and have a negative effect on the tourist-based economies of Hatteras and Ocracoke Islands. It has turned the public against the protection of wildlife, has frustrated the visiting public who are not getting the visitor experience they come to expect and are professing not to return next year. Rental cancellations are being felt by the rental property industry but I guess that is OK with the editor of this paper. It makes me wonder if those editors ever actually think about what they are writing, or if they just advocate what they receive in a Press Release as their own thought. John B. Couch, President Outer Banks Preservation Association P.0. Box 751 Buxton N.C. 2792o 252-995-4955
Island Free Press Article
Breaking News
No matter what state you live in we urge you to call and write your Congressional representitives and tell them you vote and you support HR 6233 and S 3113 U.S. Senator Elizabeth Dole U.S. Senator Richard Burr U.S. Representative Walter Jones News Release For Immediate Release: June 11, 2008 Contact: Katie Hallaway (Dole), 202-224-2999 Chris Walker (Burr) 202-228-1616 Kathleen Joyce (Jones), 202-225-3415 Dole, Burr and Jones Introduce Legislation to Allow Off-road Vehicle use on Cape Hatteras National Seashore Washington, D.C. – U.S. Sens. Elizabeth Dole and Richard Burr and U.S. Rep. Walter Jones today introduced legislation in the Senate and House of Representatives that would reinstate the Interim Management Strategy governing off-road vehicle use on Cape Hatteras National Seashore (CHNS). The reinstatement of the original Interim Management Strategy, issued by the National Park Service (NPS) on June 13, 2007, would set aside current mandates and requirements which were put in place in the wake of a consent decree filed in the U.S. District Court for the Eastern District of North Carolina, that prevent off-road vehicle and citizen access to a significant portion of this National Seashore. “I share the concerns of many North Carolinians about the negative ramifications that severely restricting off-road vehicle use at CHNS will have on the local community and economy,” said Dole. “Beach users and members of the local community deserve to have their voices heard to ensure the development of a long-term plan that protects the natural habitat of the Seashore while maintaining its economic and recreational benefits.” “As Ranking Member on the National Parks Subcommittee, I always try to make sure that North Carolinians have access to our state’s scenic treasures,” said Burr. “It is unfortunate that people are prevented from accessing Cape Hatteras at times because of the new restrictions. I am certain we can come to a compromise that allows people to have access while at the same time addressing any potential environmental concerns.” “The consent decree has once again shown that managing the Seashore through the courts – without public input – is always a bad idea,” said Jones. “This bill would restore reasonable public access and would bring the public back into the process on a level playing field by reinstituting the Interim Management Strategy until the Negotiated Rulemaking Committee can produce a final rule.” If enacted, the National Park Service’s Interim Management Strategy will go into effect immediately and end upon the National Park Service establishing a long-term off-road vehicle management plan for the use of CHNS by the public. Background In 1972, President Richard Nixon issued an Executive Order that required all federal parks, refuges and public lands that allow off-road vehicles access to develop and implement a detailed management plan to regulate and assess environmental impacts. CHNS never developed a management plan, and as a result, Cape Hatteras has been out of compliance for over three decades. In December 2005, the NPS developed a three-phase plan to begin the negotiation process and create regulations that would allow CHNS to meet compliance standards; however, on July 17, 2007 an injunction was filed by the Defenders of Wildlife and the National Audubon Society to prevent off-road vehicle use until a management plan is established and approved. A settlement negotiation process ensued, and on April 30, 2008, a federal judge approved a consent decree, proposed by the plaintiffs and agreed to by the parties involved in the case – the National Park Service, the U.S. Department of the Interior, the Superintendent of Cape Hatteras National Seashore and the U.S. Fish and Wildlife Service. The settlement, which went into effect on May 1, 2008, requires that all seashore ramps be closed to ORVs from 10 p.m. until 6 a.m. through November 15, 2008, that buffers for nests and chicks are clearly defined and in some cases more restrictive, and that deliberate violations of the buffers will result in an expanded restricted area.
Another Sign of the times
Do vehicles disturb Oyster Catchers?
It seems that we are the least of there concerns. http://www.ncsu.edu/project/grsmgis/AMOY/NC.htm#NCAdult birds are captured using a decoy and noose carpet method developed at NCSU (McGowan and Simons 2005b). A remote-controlled decoy and song playback device is used to lure territorial breeding oystercatchers to a bal-chatri type noose carpet. We mount the decoy on a wooden box containing two radio-controlled servomotors. The motors and controller were adapted from a standard model airplane remote control kit available at many hobby shops. One servomotor turns the decoy from side to side. The second servomotor activates a mercury tip switch that controls an amplified speaker andmp3 player with oystercatcher territorial calls. The device allows us to move the decoy and play calls at will. The noose carpets are made out of four-foot by one-foot panels of one-inch by one inch welded wire fencing. Each panel is covered with hundreds of slipknot “nooses” tied from 50 lb. test clear fishing line. The panels are staked down and covered with one to two inches of sand so that the nooses protrude out of the sand. We place several panels around the oystercatcher decoy in the middle of an active oystercatcher territory (Figure 13). Placing the decoy in an active breeding territory stimulates the resident pair to display to and attack the decoy as if it were a real intruder. The birds tangle their feet in the slip-knot nooses as they approach the decoy.
One Mans Testimony
To whom it may concern, I volunteer to bear witness before the senate in regards to the off-highway vehicle management on public lands hearing. I am an avid surf fisherman. I make my own rods and gear, I catch my own bait, and I regularly visit the Cape Hatteras National Seashore Recreational Area to surf fish. I drive approximately 250 miles from my home in Midlothian Virginia to Buxton North Carolina to fish 15-20 times a year. The recent lawsuit settlement between the Defenders of Wildlife, Audubon Society, and Cape Hatteras National Seashore Recreational Area will significantly reduce the number of trips and money I spend in the local communities. I will reduce my trips from 20 to 6 this year, 4 of which were before the settlement. The settlement has removed access to 3 of the best fishing spots on the East Coast. Therefore I have no reason to visit. My 2 remaining trips will come in the fall after the night time driving ban is lifted. This is because I primarily fish for a species called red drum. Red drum are mostly nocturnal and bite best after 10 pm. 3 of the best places to catch them are currently closed. I will return to the recreational area when I can catch red drum at night. I need access with an ORV to transport my fishing gear to the fishing areas because the gear weighs over a hundred pounds, is bulky, and I would need to otherwise hike it for many miles. This is infeasible without an ORV. I will testify before congress that my ability to fish is significantly harmed because of this settlement. Not being able to access surf fishing areas at strategic times diminishes my quality of life. I will testify that my contribution to the communities surrounding Cape Hatteras National Seashore Recreational Area will diminish from about $10k last year to $2k this year. I will testify that my contributions to my local community in VA will diminish from $800 to $0 this year because of the settlement. This is because I make my own rods. I typically build 2 rods a year and spend $400/rod and real. I have some that cost $800/rod and real. Since I can not fish in the most productive areas, I have no reason to build new rods. I will testify that I need ORV access to successfully fish the recreational area because of the amount and weight of gear required by surf fishing. I can provide visual aids and bring my fully loaded vehicle with rods and gear to DC and let congress see what a surf fisherman typically needs. I will testify that I will no longer need a 4wd vehicle and so will purchase a car for transportation that costs $10k less than my truck. This will harm property tax and sales tax collections in my community. I will testify there are many in my local community that are just as dedicated and spend about the same on surf fishing. I will testify that surf fishermen are a special community and one that enriches our American culture and heritage. Sincerely,Skunk King
Signs of the times
Click to enlarge, or maybe enrage. 
NPS Beach Updates
The NPS have now incorporated the closure maps with Google Earth. Read it and weep. Most of the remaining beach at Hatteras Inlet was closed today by a pair of Oyster Catchers. The Pole Road is closed at ramp 55 and the beach is closed below the Isabel washover fan. This may not be on the NPS access report yet. http://www.nps.gov/caha/planyourvisit/off-road-vehicle-use.htm
Add Hatteras Inlet to the list of closures
A pair of Oyster Catchers have closed the Pole Road and the beach south of the washover.
Put June 14th on your calendar.
On June 14th 2008 we will be holding a very Big "Stand in the Sand" BBQ event in Buxton. The event will be at the Fessenden Center in Buxton ( you Won't Be able to miss it) and will begin at 12 noon and run till 6pm. Directly following the event the Outer Banks Preservation Association "OBPA" will be holding their annual meeting that is open to the public. This event will include Food, Bake Sale, Games, Music , Awareness and much more This event is to raise money for the Beach Access fight and for raising awareness.There are several proactive projects that CHAPA is working on and I will share more with you, when they are ready for annoucement, but these things take funds to be able to do. I know alot has changed in the way you access the beach and we are striving hard to change that. Once again there is a great deal in the works and we need your help. We cannot take on these special interest groups without you. Please try and make the event. I cannot assure you there will be alot of Beach to access this weekend, but I can assure you if you show up for this event that you will have a good time and be helping in alot of ways. Please mark your calendars and tell everyone you know.. This event is being made possible by a host of volunteers,who I am very proud to stand and work beside. This event is brought to you in part by Connor's Supermarket Food Lion Pepsi Outer Bank's Motel Metro Rental's Hatteras Realty Sufix All Kinds of Signs And many other individual contributors... For more info,to Volunteer or Contribute you can contact me at 252-305-2017 Rob Alderman
OBPA ANNUAL MEETING NOTICE
The annual meeting will be held at 6pm on June 14th 2008. The location will be the Fesseden Center in Buxton. There will be a fund raising BBQ with games for kids and adults from 12:00 to 6:00 at the ball field.
Beach closure update
The NPS has stated that because the closures at Oregon Inlet, Cape Point and Ocracoke Inlet were nesting closures they must remain in place under the Interim Plan for 2 weeks to give the birds a chance to renest.
Beach Closure Update
We are waiting to see what the NPS does about the closures of Oregon Inlet, Cape Point and Ocracoke Inlet We are having a little weather event down here and all locations have been pretty well over washed by the ocean or the sound. Oregon Inlet is under water, Cape Point has been severely impacted, North Ocracoke has to be pretty much history and with the wind going North it remains to be seen how much flooding will occur at Ocracoke Inlet. Since the closures were based on breeding behavior who knows were the birds will be after this minor little storm. The winds only gusted in the low 60's. Nothing compared to what we might see as hurricane season approaches. When an inflexible court order meets the reality of this dry hunk of sand every thing goes out the window.
Black Monday
Today all access to Oregon Inlet, Cape Point and Ocracoke Inlet was closed due to bird breeding behavior. At this point we do not know how long these closures will last and as we receive information it will be posted.
Night Driving Rules
Vehicles must be OFF the beach by 10:00pm and can NOT return until 6:00am. Pedestrian access is still allowed. You can walk over at any ramp or access point and fish. If you wish to be dropped off with your gear in any area open to humans and "Fish" until 6:00am the NPS says that is appropriate. Basically you can do everything that you could do if you were on the beach in front of the Villages. Since there is no camping allowed on the beach you must be actively engaged in some approved pursuit. These would include: Stargazing, Shelling, Fishing, Yoga, Wave Watching, Shooting star counting, Marvelling as the milky way moves across the sky, Teaching your children how small a part of the universe they occupy. The Night Time is the Right Time and offers an experience with no real substitute. The sky Scape in front of the Villages does not compare to the experience miles from the nearest light source. The argument that night driving disturbs the birds and turtles rings a little hollow when there is a pair of Oyster Catchers on a nest, not a hundred feet off of Rte 12 between Hatteras and Frisco for at least the last two years. If you know where to look you can see the bird very clearly and it is not paying any attention to the traffic. As to Turtles,we are told that there is no significant difference between the ratio of false crawls to nests between Pea Island and the rest of the Seashore. Since Pea Island has no ORV use, no piers and no Villages how do you reach the conclusion that ORV use in the Seashore is responsible for false crawls and is disturbing the Turtles. It's all spilt milk at this point and the best we can do is adapt and make the best of the next few years. We ask everyone to obey the rules, as much as they chafe, because if we don't things will get worse. We want to share a poem written by a "Beach Bum" named Russ Britt who was taken from this wonderful place by cancer. Russ remained strong in his love right to the end and we fight on in his name. Peace’ I find my peace out on the sand Beside the sea- not beyond or behind but on the edge, on the border of foam and grit where sandfleas scatter among the crashing froth And the plovers scurry along in front of each dying wave probing after some unseen morsel. I find my peace in the damp salt air blowing in from the tropics or the stream carrying aromas of fish and marsh and memory. days long past return as just yesterday recollections triggered by a wafting scent only to dissipate with the changing breeze. I find my peace in the red-orange sun rising from the watery abyss once again as before throwing warmth and brilliance against morning clouds an endless fantasy fueled by fire the phoenix rising again to fly across the sky and plunge back into the depths. I find my peace casting among the breakers with the same hopes of those who fished before me the limitless optimism and simple faith that some morsel of bait or metal trinket will bring the surging run of a bull redfish or the glimmer of a seatrout in the wash. I find my peace in thoughts of days gone by time spent with friends I may never see again Images fill my mind on the flood tide and with the rising sun, and on the evening breeze scenes that can never, will never be repeated but each time there is one less memory. Someday the sun will rise, the breeze will blow the plovers will run along the tideline and I will be just a memory on the breeze perhaps some passing fisherman will see my face briefly in the foam, before it scatters on a new wave and find his peace out on the sand. R. A. Britt aka Subourbon
Yet another twist
Judge Boyle cancelled the NPS exparte conference with no explanation. Who knows what is going on.
OBPA Settlement Summary
The Following is a summary to the key terms of the Proposed Consent Decree ("CD") entered into between Plaintiffs Defenders of Wildlife and National Audubon Society, Defendants National Park Service and US Fish and Wildlife Service and Intervenor Defendants Dare and Hyde Counties NC and the Cape Hatteras Access Preservation Alliance. The Proposed Decree was filed with the Court on April 16, 2008 and is not official until signed and entered by Judge Terrence Boyle, U.S.District Judge for the Eastern District of North Carolina who will likely hold a hearing on this proposal. The key terms of the settlement are as follows: · Date for Final ORV Management Plan and Special Regulation: Sets a deadline whereby NPS must complete an ORV Management Plan by December 31, 2010, and complete and promulgate the final Special Regulation by April 1, 2011. · Modified Interim Management Plan: Interim Management Plan will still remain in effect although modified by the terms of the CD which will control in the event of conflict. · Pre-Nesting Areas: NPS will establish pre-nesting areas at Bodie Island Spit, Cape Point, South Beach, Hatteras Spit, North and South Ocracoke by March 15 of each year; in future years NPS will follow the pre-nesting areas that have already been identified for this year to the maximum extent possible. · Buffers: NPS will establish buffers for nesting/breeding birds and for foraging unfledged chicks. Buffers are as follows (in meters and feet): (1) Breeding and Nest buffer: piping plovers, 50 m (164 ft.); Least Terns, 100 m (328 ft.); American Oystercatchers, 150 m (492 ft.); and Other Colonial Waterbirds, 200 m (656 ft.). (2) Unfledged chick Buffer: Least Terns, Colonial Waterbirds and American Oystercatcher, 200 m (656 ft.); piping plovers, 1000 m (3281 ft.) for ORVs and 300 m (984 ft.) for pedestrians. If disturbance from ORVs and/or pedestrians, as observed by NPS staff, occurs within a given buffer distance, the buffer zone will be expanded in 50 m (approx. 164 ft.) increments until no disturbance occurs. Non-essential ORVs are prohibited within the buffer areas. When the 1000 m (3281 ft.) buffer zone is in effect for unfledged piping plover chicks, pedestrians will be allowed limited access to the protected area during daylight hours only. This provision will cover access within a narrow walking and sunbathing corridor that extends 10 m (33 ft.) landward from the mean high tide line, provided a buffer of 300 m (approx. 984 ft.) is maintained. · Modification of Unfledged Piping Plover Chick Buffer: NPS may allow ORV access within the 1000 m piping plover chick buffer two weeks after the chicks hatch if a 300 m (984 ft.) buffer is maintained between the plover chicks and ORVs. The chicks will be monitored from dawn to dusk and the modified area will not be open to ORVs each morning until the location of the brood is determined by an NPS monitor, and an adequate buffer has been assured. The ORV access within the 1000 m buffer will be closed immediately if adult plovers and chicks move within 200 m (656 ft.) of ORVs or an ORV access corridor and the NPS staff with authority to close the area to ORV access are on-site. This provision is void if a piping plover chick at any location is injured or killed by an ORV within the 1000 m buffer. · Ocean Backshore Closures: For the benefit of all bird species, sea turtles, and sea beach amaranth, NPS will provide an ORV-free zone in the Ocean Backshore at least 10 m (33 ft.) wide and running the length of the site wherever habitat exits, provided there is sufficient beach width to include an ORV corridor of at least 20 m (66 ft.) above mean high tide line. This ORV-free zone will be established from March 15 to November 30 in all locations open to ORV use and not in front of the villages and outside of the pre-nesting areas. · Reports and Opportunity to Comment: By January 31 of each year, NPS will provide the court as well as Plaintiffs and Intervenors with FWS reports regarding plovers, sea turtles, and seabeach amaranth, and with their own data on all species. By February 20 of each year until a final special regulation is issued, NPS will provide public notice of proposed pre-nesting closures for the six areas identified above and allow for Plaintiffs and Intervenors to comment on the pre-nesting areas by March 1. NPS must respond to these comments by March 15. · Violations of Pre-Nesting Areas and Buffers: If NPS confirms that a deliberate act has occurred that disturbs or harasses wildlife or vandalizes fencing, nests, or plants the pre-nesting area or buffer shall be expanded automatically by 50 m (164 ft.). If a second such act occurs in the same area, the buffer will be expanded automatically by an additional 100 m (approx. 328 ft.). If a third such act occurs, the buffer will be expanded automatically by an additional 500 m (approx. 1640 ft.) or more if NPS finds it is necessary to minimize the extent of further disturbance. NPS will provide public notice of such violations to the extent possible. · Night Driving: To increase the chances of successful turtle nesting, NPS will close all potential sea turtle nesting habitat to non-essential ORV use from 10 p.m. to 6 a.m. from May 1 until November 15. However, between September 16 and November 15, NPS may issue night driving permits for authorized non-essential driving between those hours. · Education: Prior to the 2009 breeding season, NPS will provide educational information about protected species at all ORV access points and redesign the Seashore beach driving brochure to concisely communicate the regulations and potential penalties for violations. NPS will also establish a 24-hour phone line that citizens can use to report illegal activities and unsafe conditions at the beach. · Modifications: The court may modify any requirements of the CD for good cause shown by any party to the Decree, including any deadlines. Prior to seeking modifications the parties must use a dispute resolution process specified in the Decree. · No Precedence: The decree is entered into solely for the purposes of settling the case and the CD may not be used in any other legal proceeding. This provision is intended to ensure that the decree will not be treated as binding or establish any requirements that will impact the negotiated rulemaking process. However, nothing precludes any party from discussing the terms of the CD at the reg. neg. meetings. · No Waiver of Rights: Nothing in the Decree waives the rights of any party with respect to any future legal proceeding including any future challenge to any special regulation that may eventually be adopted. · Dismissal and continuing Jurisdiction: The Decree settles the entire case and Plaintiffs will dismiss their suit with prejudice. However, the court retains continuing jurisdiction to resolve any disputes under the decree. # 5276058_v1
Judge orders "In Camera Review"
Judge Boyle has ordered no more than 3 representitives of the NPS to appear in his court at 2:30pm on April 21st to provide the court information on the maps and closure areas in the consent decree. This proceeding will not be open to the public or council. The court will have a record of the review but it will be sealed and not available to the public.
Another twist in the beach driving lawsuit
Judge Boyle has ordered the NPS to reply to seven question regarding the proposed consent decree. Click below to see the details. http://www.islandfreepress.org/
Dare and Hyde Counties Press Release
For Immediate Release:April 16, 2008 Contact: Dorothy ToolanPublic Information Officer(252) 475-5903 THIS RELEASE IS BEING ISSUED IN CONJUNCTION WITH HYDE COUNTY, NC Proposed Settlement For ORV UseFiled Following Agreement From Parties A consent decree that outlines temporary rules for off road vehicle (ORV) use in Cape Hatteras National Recreational Seashore has been agreed to by Dare County, Hyde County, the Cape Hatteras Access Preservation Alliance (CHAPA), and the other parties, and has now been filed with the United States District Court for the Eastern District of North Carolina. The document was filed electronically at approximately 6:00 this evening. The agreement will not create a precedent that will impact the ongoing negotiations between stakeholders to develop a permanent ORV management plan for the Seashore which is scheduled to be completed by the year 2011. The agreement will be considered by Judge Terrence Boyle who on April 4 continued the hearing on ORV use to allow the parties involved time to work together to create a plan to protect the interests of all involved. A date for the next hearing has not been scheduled. Dare County, along with Hyde County and the Cape Hatteras Access Preservation Alliance, are Defendant –Intervenors in the lawsuit and have worked to preserve access for vehicles and pedestrians in the Seashore. CHAPA held a special meeting this week to consider the proposal and voted to support the agreement. Both the Dare County Board of Commissioners and the Hyde County Board of Commissioners held special meetings today and voted to support the agreement. Dare County, Hyde County and CHAPA recognize the importance of the heritage and culture of access to the Cape Hatteras National Recreational Seashore. The elected officials of Dare and Hyde Counties, and the representatives of CHAPA have worked around the clock to try to protect the resources of the Park, and the lives and welfare of all the residents of Dare and Hyde Counties. “Access to our beaches is an essential part of our heritage and an important aspect of our local economy,” said Warren Judge, Chairman of the Dare County Board of Commissioners. “Dare County has always supported -- and will continue to support -- open access to our beaches for the many traditional uses enjoyed by residents and visitors alike. We all must continue to work together for the next two years to achieve a lasting ORV management plan that will protect both the wildlife and the lives of the people who live and visit Dare and Hyde Counties and the Cape Hatteras National Recreational Seashore.” Allen Burrus, Vice Chairman of the Dare County Board of Commissioners, lives and works on Hatteras Island. “Am I happy with this plan? No,” said Burrus, “but at least it allows opportunities for access to our beaches and keeps local businesses operating.”
Law Suit Settlement Details Available
Beach Driving Settlement Talks Collapse
Following is the Dare Co. press release about the last two days of negotiations. For Immediate Release: April 11, 2008Contact: Public Relations Office475-5900 darecountypr@darenc.comBeach Driving Negotiations Stall Dare County, the National Park Service, Defenders of Wildlife, and the National Audubon Society were unable to reach an agreement this week on parameters for beach driving in the Cape Hatteras National Recreational Seashore. Defenders of Wildlife and the National Audubon Society are Plaintiffs in a lawsuit for a preliminary injunction that would prohibit beach driving in the Cape Hatteras National Recreational Seashore. Last week Judge Terrence Boyle continued the hearing to allow time to finalize a settlement known as a "consent agreement" between the parties. Negotiations went into the evening on Wednesday, and lawyers for all sides had reached agreement on parameters for a resolution to present to their respective clients. They had agreed on buffers for nesting birds that would create opportunities for recreational access. Those buffers may have caused closures depending on the movement of the birds, but the opportunity for access would still be available. On Thursday when the two sides met to finalize the details of the agreement, it became clear the Plaintiffs were not willing to agree to the terms discussed in previous meetings. The National Audubon Society and Defenders of Wildlife expanded the size of buffers they were willing to accept to a size that would effectively eliminate opportunities for access and eliminated 5 of the 6 areas of concern from consideration. Since the changes proposed by the Plaintiffs on Thursday evening essentially eliminated opportunities for access, Dare County and the other Intervenors could not agree to those terms. Talks toward an agreement were terminated, and a date for a hearing has not been set.
From Toyotas Official Blog
April 4th hearing in Raleigh
The transcript of the April 4th hearing on continuing the request for an injunction to close areas of Cape Hatteras National Recreational Seashore to ORV use until a permenent plan is in place is now available at the Island Free Press site. Go to the link below and click on Beach Access Issues. http://www.islandfreepress.org/
Letter from Dr. Mike Berry
We believe that this very accurately describes the situation. Here are my comments about yesterday: It does not get much more totalitarian than when a federal court gives exclusive decision-making rights to a very small number of well funded environmental activists and special interest lawyers so as to dictate how the general public and local community will access public land that has a rich history of traditional usage rights. Public comment and participation in important, high impact policy making, like that which was being attempted through the regulation negotiation process, is being deliberately ignored by the court. This is an insult to those citizens who have taken the time and their personal resources to sit at the table to negotiate in good faith, provide factual information and constructive comment to the Park Service in order to prepare a much needed ORV management plan, and to avoid costly litigation. By its action, the court has sidelined the "reg-neg" process and is sending a very clean message that it does not care what the public thinks. The facts are these: 1. The settlement currently being prepared beyond public view will result in much more restrictive beach usage than previously seen before. The environmental activists claim that "only 12% of the beach" is further restricted is a insult to the public's intelligence—that targeted 12% is the most enjoyed and accessible part of the Park, for all practical purposes, it is the usable portion of the Park. 2. Under the current "settlement" proceedings, there is no public discussion of economic impact. The settlement will affect the lives and economic well-being of thousands of citizens who live and own businesses and property in the villages on the Outer Banks. At least in the near term, businesses will close and families will suffer, not to mention the recreational enjoyment loss for hundreds of thousands of citizens from throughout the country who visit, or want to visit, the Park and its unique environment. 3. There is no body of science (criteria) to support the claims of species loss as the result of ORV traffic. Time and again, environmental activists organizations have claimed the loss of species due to ORV traffic on the beach. That claim has not been verified. Yet as of now, there have been no studies made available to the public for review. The environmental organizations claim expertise which the court seems to accept at face value, yet there has been no data, let alone peer reviewed data, to support the claims. Science is the process of hypothesis testing. Science explains how the environment works by way of measurement and quantification. Without data, there is no science. Without credible science there is no basis for effective management. 4. There is no opportunity for public participation, comment, and input under the current court directed "settlement" proceeding. The notion of "transparency" in a "settlement" between the Department of Interior and the environmental litigants is not possible without a public review and comment period.If the public is not concerned and outraged by the current situation, it should be. The only thing that will turn the current situation around is legislation that requires public participation or focused ORV management in the Park. Contact your lawmaker today and express your concern. Dr Mike Berry Chapel Hill
Video of beach closures for 2008
Videos of the Buxton Town Meeting
New letter from Sen. Marc Basnight
March 26, 2008 Dear Members of North Carolina’s Congressional Delegation: As you may know, a lawsuit has been filed against the National Park Service by the Defenders of Wildlife and the National Audubon Society regarding off-road vehicle access to the Cape Hatteras National Seashore. As the April 4 court date approaches, I wanted to be sure you were aware of how critical it is to keep public access to the Seashore and how important this resource has been to our coastal culture and heritage, our local economy, and our sense of community – and to ask for your assistance in protecting it. This current lawsuit, driven by out-of-state environmental groups whose agenda is clearly to ban access to the beaches, would have devastating effects on the very families who have treasured and protected this resource for generations. The residents, visitors, property owners and business owners on Hatteras and Ocracoke Islands will face very real and very significant harm should this lawsuit succeed. When the federal government was creating the recreational Seashore in 1937, Outer Banks residents and visitors were deeply concerned – and rightly so – that government involvement would interfere with the public’s enjoyment of and access to the beaches of Hatteras and Ocracoke Islands. It was an incredible relief that the Park Service and the Department of the Interior were willing to work so closely and cooperatively with the local community to address these concerns. In fact, in 1952 during discussions of adjusting the boundaries of the Seashore, Park Service Director Conrad Wirth wrote an open letter to the people of the Outer Banks reassuring them that the beaches would continue to be open for their use, stating, “…when the lands for the Recreational Area are acquired and become public property there will always be access to the beach for all people, whether they are local residents or visitors from the outside.” This access has always included vehicles – in fact, before we had roads built in the Outer Banks, the beaches were our roads. Wirth’s 1952 letter also states a clear intent to continue to allow vehicle access in the Seashore, specifically noting that “it will be necessary to establish certain regulations, such as to designate places for vehicles to get to the beach, in order to reduce sand dune erosion to a minimum…” Beach driving and surf fishing are beloved local traditions and recreational opportunities that help people truly appreciate – and in turn, work to protect – our natural resources. The people who use this resource, in fact, are among our most conscientious stewards of the environment. Additionally, the economies of Hatteras and Ocracoke depend solely upon fishing and tourism, and losing access to some of the nation’s most premier surf-fishing spots would be a devastating blow to our local community and economy – and to the prestige that Cape Hatteras gives North Carolina as a world-renowned destination for fishing and recreation. I write today to urge you to pass legislation as soon as possible to clarify the Park Service’s previously expressed intent to maintain public access, particularly vehicle access, to the Seashore. This issue is time-sensitive and is of critical importance to the lives – and livelihoods – of the people of the Outer Banks. As the hearing date nears, the involved parties have been meeting to negotiate rules for a long-term plan for off-road vehicle access. The people of the Outer Banks, the users of these beaches, and the Park Service itself all care deeply about our Seashore – and about the animal and plant species that live or nest there – and are absolutely sincere in their desire to develop a reasonable plan that protects the Seashore while preserving reasonable public access to it. However, the threat of this lawsuit hanging over their heads would, I assume, make it very difficult to work in good faith with those who have filed the lawsuit and who now have the ability to use this litigation as an unfair “hammer” in these negotiations. I still believe that the 2007 federal plan to regulate off-road vehicle use was adopted through a public process and is being implemented in a fair and effective way. It is unfortunate that a lawsuit is now in play – and even more unfortunate that it has the potential to be used as a negotiating weapon to intimidate good-hearted people who truly love the beaches and the environment, and who work every day of their lives to protect the gifts that Mother Nature has given our community. I prevail upon your sense of justice and right, and hope you will take the immediate action that is needed to protect our heritage, our economy, and the public’s right of access to their Seashore. Sincerely, Marc Basnight Cc: Dirk Kempthorne, Secretary of Interior Mike Murray, Superintendent of Cape Hatteras National Seashore Dare County Commissioners Hyde County Commissioners 1ST DISTRICT • STATE LEGISLATIVE BUILDING • RALEIGH, NORTH CAROLINA 27601-2808 •TEL (919) 733-6854 FAX (919) 733-8740
Letter from Sen. Marc Basnight to Sup. Mike Murray
NORTH CAROLINA GENERAL ASSEMBLY PRESIDENT PRO TEMPORESENATOR MARC BASNIGHTRALEIGH 27601-2808 March 13, 2008 Mike Murray Superintendent Cape Hatteras National Seashore 1401 National Park Drive Manteo, North Carolina 27954 Dear Superintendent Murray: I appreciate your commitment to our National Seashore and to making our resources available to visitors and residents alike. I truly believe that the gifts that Nature has given our community must remain open and accessible to the public, so that all can enjoy and appreciate those bounties – and, most importantly, learn from them the great importance of environmental stewardship. The 2007 federal plan to regulate off-road vehicle use was adopted through a public process and is being implemented in a fair and effective way. I credit you and your staff for all your hard work in developing this plan, and I am thankful your efforts to protect the seashore while preserving reasonable public access to it. I am deeply troubled, as I know you are, by the current lawsuit against the National Park Service by the Defenders of Wildlife and the National Audubon Society regarding off-road vehicle access to the Cape Hatteras National Seashore. The residents, visitors, property owners and business owners on Hatteras and Ocracoke Islands are extremely worried about the outcome of this lawsuit. A ruling against the United States in this matter could possibly be the ruin of the economy and culture of both islands. The off-road vehicle users who visit our seashore are some of the most conscientious conservationists and environmentalists I’ve ever met. They work day in and day out to protect the beach through volunteering. They assist the Park Service, help monitor the beach, report violations and assist with litter management. The off-road vehicle user groups are mainly comprised of good intentioned, law abiding members who work diligently to protect their most prized resource, the beach. This seashore is the heart of our coastal heritage and culture, and to prevent public access to it will only deprive future generations of knowledge and appreciation of this heritage and resource. Page 2 March 13, 2008 The economies of Hatteras and Ocracoke depend solely upon fishing and tourism. Visitors from all over America – and from other countries as well – flock to both islands throughout the year for all types of recreation, especially fishing. The surf fishing off the coasts of Hatteras and Ocracoke Islands is world renowned to be the best on the east coast. Losing visitor access to this national treasure would be a devastating blow to our local community. As tourism is such a key engine in North Carolina’s economy, I would argue that the state, too, has a vital interest in preserving access to the seashore. With that in mind, I have asked the North Carolina Attorney General’s office to explore all possible avenues for the state to support the federal government in this lawsuit. I hope the federal government to fight this lawsuit with every available resource. I truly believe, as I know you do, that preserving access to the seashore is absolutely critical to protect our cultural heritage, our economy, and the public’s right of access to their seashore. Please know that I stand ready and willing to assist you in any way possible to protect this valuable resource for generations to come. Sincerely, Marc Basnight Cc: North Carolina Congressional DelegationDare County Commissioners Hyde County Commissioners
Injunction Hearing Date Change
The hearing has been changed to Fri. April 4th at 2:00pm. Location is unchanged and courtroom will be announced later.
Injunction hearing scheduled
The hearing on the injunction request to basically close down Cape Hatteras National Seashore Recreational Area to beach driving has been set for April 3rd in Raleigh.
Your patience please
There is a lot of stuff flying around about the public access to the Cape Hatteras National Seashore Recreational Area. The Defenders of Wildlife and the National Audubon Society have asked a Federal Judge to issue an Injunction for ORV use that would shut down the most popular beach access points for the entire Seashore. The arguments for this Injunction are due by mid March and at some time after that the Judge will hold a hearing. In the mean time the next round of RegNeg negotiations is this Tue/Wed at the Ramada Inn Plaza, Kill Devil Hills. Public comment periods are scheduled at roughly noon each day. Your public access to this Seashore has never been under the pressure we face in the next month. The OBPA board of directors wants you to know that we will continue to fight, as we have in the past, for a reasonable ORV management plan for this public treasure. We will be posting a document list in the near future so you can read for yourselves what the Defenders and Audubon Society want to take away from the American Public.
New deputy superintendent appointed for NPS Outer Banks Group
NPS Public Comment Update
January 3-4 regneg meeting notes.
Regneg is underway at last and two sub-committees have been formed. One will draft an agenda for future meetings and the other will work on a plan for a survey to gather data on visitor use of the seashore and the resulting economic impact of changes to the present ORV management. The committee hopes to have a much simpler workbook available next week that will make it easier for you to submit your comments to the NPS. We will post a notice of how you can access the new form of workbook when it is available. The deadline for submission of workbooks has been extended to Feb. 15th 2008.
NPS workbook information
The electronic workbook does not allow you to save a copy as you fill it out. At 80+ pages not many people will have the capability to print out a copy as a worksheet. We know that this takes a lot of time but it is critical that your opnions are heard by the NPS as they plan their own version of an ORV Management Plan.
NPS ORV Plan Update
The NPS has asked for your opinion on what you would like to see in an ORV plan for Cape Hatteras National Seashore Recreational Area. We urge you to go to the link below and let them know what is important to you. http://parkplanning.nps.gov./document.cfm?parkID=358&projectId=10641&documentID=21567It is a lot to take in but well worth the effort. The deadline for submitting workbooks is Jan. 31st. Since the NPS will not complete their Public Meetings until Jan. 17th we feel that the deadline is unrealistic. Since they plan on a two year process, why the rush? Until we can question the rush, the deadline remains Jan. 31st so stop oiling your favorite reel and start typing.
NPS ORV Management Plan Public Meetings
ORV Access Planning
There will be two process running at the same time. The Federal Advisory Committee will be trying to reach "Consensus". The NPS will be formulating their own ORV plan which will include public meetings and comments. PUBLIC MEETINGS & COMMENT PERIOD FOR NPS PLAN (COMMENTS TO BE MADE VIA WORKBOOKS)Concurrent with the development of the Plan/EIS, the National Park Service(NPS) will also be developing an ORV regulation for the Seashore using anegotiated rulemaking process.Informational meetings on preliminary alternative options for the Plan/EISwill be held at four locations as described below. The meetings willfollow an open house format, which includes information stations andopportunities to provide ideas in the alternative options workbook and askquestions of NPS staff. There will also be a scheduled NPS presentation ateach meeting.Buxton, North CarolinaMonday, January 14, 2008 - 5:00 pm to 8:00 pmFessenden Center – Located on Rt. 12, on the right, just inside the Villageof Buxton5:00 pm to 6:00 pm Open House6:00 pm to 6:20 pm NPS Presentation6:20 pm to 8:00 pm Open HouseKill Devil Hills, North CarolinaTuesday, January 15, 2008 – 5:00 pm to 8:00 pmWright Brothers National Memorial First Flight Centennial Pavilion, 8 ½Milepost Hwy. 158, Kill Devil Hills, NC.5:00 pm to 6:00 pm Open House6:00 pm to 6:20 pm NPS Presentation6:20 pm to 8:00 pm Open HouseRaleigh, North CarolinaWednesday, January 16, 2008 - 5:00 pm to 8:00 pmMcKimmon Center (North Carolina State Campus)1101 Gorman Street, Raleigh, NC 276955:00 pm to 6:00 pm Open House6:00 pm to 6:20 pm NPS Presentation6:20 pm to 8:00 pm Open HouseRichmond, VAThursday, January 17, 2008 - 5:00 pm to 8:00 pmComfort Inn Conference Center Midtown3200 W. Broad Street, Richmond, VA 232305:00 pm to 6:00 pm Open House6:00 pm to 6:20 pm NPS Presentation6:20 pm to 8:00 pm Open HouseTo facilitate public comment on preliminary alternatives, NPS is preparinga workbook describing a variety of management elements and options. Theworkbook will be posted next week on the NPS PEPC website, www.parkplanning.nps.gov/caha, under the ORV Management Plan/EIS projectand can be downloaded and completed electronically or printed and submittedin hard copy. The workbook alternative options are not intended to be allinclusive, nor necessarily always compatible or mutually exclusive.Multiple compatible elements can be considered in combination later todevelop a diverse range of management alternatives fir evaluation in theDraft EIS.Public participation is vital in assisting with the planning process.There are a number of ways to be involved:Attend a public information meetings and complete a preliminaryalternative options workbook at the meetings;Submit your completed workbook by mail to: Superintendent, RE: Off-RoadVehicle Management Plan/EIS, Cape Hatteras National Seashore, 1401National Park Drive, Manteo, NC 27954.Email your completed workbook to cahaorveis@louisberger.comFaxed comments and other email comments will not be accepted. Please besure to include your full name, e-mail address or mailing address with yourworkbook so we may add you to our mailing list for information on theplanning process. For your comments to be the most useful in developingthe alternatives to be evaluated in the draft plan/EIS, your workbooksshould be received by January 31, 2007. The NPS practice is to makecomments, including names, home addresses, home phone numbers, and emailaddresses of respondents, available for public review. Individualrespondents may request that we withhold their names and/or home addresses,etc., but if you wish this request to be considered, you must state thisprominently at the beginning of your comments. In addition, your requestmust present a rational for withholding this information. This rationalemust demonstrate that disclosure would constitute a clearly unwarrantedinvasion of privacy. Unsupported assertions will not meet this burden. Inthe absence of exceptional, documentable circumstances, this informationwill be released. The NPS will always make submissions from organizationsor businesses, and from individuals identifying themselves asrepresentatives of, or officials of, organizations or businesses, availablefor public inspection in their entirety.“I greatly appreciate the level of interest in the ORV management issue andencourage the public’s continued involvement as we proceed with developmentof the ORV management plan.” More information about the ORV managementplanning and negotiated rulemaking processes will be available as it isdeveloped and will be posted on the park planning website at: http://parkplanning.nps.gov/caha.
Negotiated Rulemaking is official
The appointment letters have been mailed and if the notice is published in the Federal Register on Dec. 20th the 1st meeting of the committee will be Jan. 3rd and 4th at the Avon fire hall. Please remember that these meetings are open to the public and will have time for public comments. We will post the notice as soon as it is available in the Federal Register. In other news, the request of Dare Co, Hyde Co and CHAPA to join in the lawsuit filed by the Southern Environmental Law Center has been granted by the judge.
Piping Plovers in the news
Texas Birdwatcher on Trial for Killing Cat By KATE MURPHY, The New York Times Posted: 2007-11-14 11:57:14 Filed Under: Crime News, Law News, Nation NewsGALVESTON, Tex. (Nov. 13) — Jurors heard opening arguments on Tuesday in the trial of a bird-watching enthusiast who fatally shot a cat that he said was stalking endangered shorebirds. James M. Stevenson says he was protecting piping plovers. The defendant, James M. Stevenson, is the founder of the Galveston Ornithological Society and leads bird-watching tours on this Gulf Coast island 60 miles southeast of Houston. If convicted on animal cruelty charges in the shooting last November, he faces up to two years in jail and a $10,000 fine.Mr. Stevenson, 54, does not deny using a .22-caliber rifle fitted with a scope to kill the cat, which lived under the San Luis Pass toll bridge, linking Galveston to the mainland. He also admits killing many other cats on his own property, where he operates a bed and breakfast for some of the estimated 500,000 birders who come to the island every year.In her opening statement, Paige L. Santell, a Galveston County assistant district attorney, told the jury of eight women and four men that Mr. Stevenson “shot that animal in cold blood” and that the cat died a slow and painful death “gurgling on its own blood.”She said that the cat had a name, Mama Cat, and that though the cat lived under a toll bridge, she was fed and cared for by a toll collector, John Newland. He is expected to testify.Whether the cat was feral is the crucial point in this case. Mr. Stevenson was indicted under a state law that prohibited killing a cat “belonging to another.” Prompted by this case, the law was changed on Sept. 1 to include all cats, regardless of ownership.Ms. Santell argued that because Mr. Newland had named, fed and given the cat bedding and toys, the cat belonged to him and was not feral.Mr. Stevenson’s lawyer, Tad Nelson, admitted in his opening statement that his client went to the San Luis Pass toll bridge with “an intent to kill.” but that he had planned to kill a wild animal that was preying on endangered piping plovers. “This man has dedicated his whole life to birds,” Mr. Nelson said, pointing at Mr. Stevenson. More StoriesThe case has prompted emotional commentary on the Internet. Cat enthusiast blogs have called Mr. Stevenson a “murderous fascist” and a “diabolical monster.” Birding blogs have defended his right to dispense with a “terrible menace” and have set up funds to help pay for his defense.In an interview in a courthouse elevator during a break in the trial, Mr. Stevenson said heatedly that cat fanciers who have condemned him and sent him hateful correspondence “think birds are nothing but sticks.” “This is about wild species disappearing from your planet,” he said, adding, “I did what I had to do.”Testimony followed from police officers and the veterinarian who performed the autopsy on Mama Cat, a white and gray tabby mix. The jurors were shown several photographs of the bloodied cat, reminiscent of an episode of “CSI: Miami.”Pictures of the crime scene showed trays of cat food, blankets and cat toys hanging from strings under the bridge. The .22-caliber rifle Mr. Stevenson used to kill the cat along with his magazine full of Remington hollow-point bullets were also on display.The prosecution and defense wrangled repeatedly about whether witnesses could accurately assess the cat’s state of mind.“He’s not qualified to know what the cat was feeling,” said Mr. Nelson, when a police officer, John P. Bertolino Sr., testified that the cat was in terrible pain when he arrived at the crime scene. The cat died en route to a Humane Society facility.The trial, which is expected to take a week, had few spectators save a handful of bird lovers and cat lovers who sat on opposite sides of the courtroom. One side nodded emphatically at Ms. Santell’s arguments, and the other nodded whenever Mr. Nelson objected.“How people feel about the trial depends on who you talk to,” said Victor Lang, a local historian, adding that bird-watchers and cat fanciers obviously had the strongest views.Though others may argue passionately about whether Mr. Stevenson should be punished, Mr. Lang said he did not have strong feelings about the case.“But you see, I’m a dog person,” he said. “If he had shot a dog, then I’d be more upset.”
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