Many have called and asked me "so what is the next step and where do we go from here"? This of course, relates to the introduction of a bill in the House of Representatives yesterday by the Honorable Walter B. Jones of North Carolina.
Irene Nolan of Island Free Press put together a quick run down of the bill and the history of legislative efforts to prevent the destruction of our way of life and heritage of our Seashore that can be found at:
http://islandfreepress.org/2012Archives/02.28.2012-JonesIntroducesBillToOverturnbothORVFinalRuleAndConsentDecree.html
Included in her story is a link to the actual bill which is located at:
http://islandfreepress.org/2012Archives/02.28.2012-JONENC_053.pdf
The Bill has been quickly assigned a number, HR 4094 and has been referred to the House Natural Resources Committee. It was in this same committee that the first attempt at restoring reasonable access to this Seashore was defeated by a vote that went straight down party lines.
Many have become rather excited about the petition mentioned in Irene's article which is now close to 13,000 signatures in not quite two weeks..and for good reason. It shows tremendous displeasure by the residents and visitors to this Seashore (not a park) relevant on what has clearly become an effort by the Park Service to discourage visitation and decimate the economies of the islands.
In short, they don't want us, the very people that own this Seashore, on what they consider to be their beach. This, in spite of the Congressional mandate dictating to NPS that this area is for recreational use "which shall be developed for such uses as needed".
So, you want to help?
The first thing needed regarding this bill, HR 4094, is co-sponsors of the bill itself. One of the most simple ways to do this is to look up the email address of your local House (not Senate) representative, write a short paragraph asking them to co-sponsor HR 4094 and then explain why it is important to you and your family. You can also go to the petition site, after writing the paragraph asking for co-sponsorship and copy and past the petition letter. It reads:
-------------------------------------------------------------------------------------------------------------------------
We, the undersigned, do faithfully petition the Congress for immediate relief in matters regarding the Cape Hatteras National Seashore Recreational Area, Hatteras and Ocracoke Islands, North Carolina.
We humbly ask also for relief from the actions undertaken by Ken Salazar, Secretary of the Interior, Jonathan Jarvis, Director, National Park Service, Michael B. Murray, Superintendent, Cape Hatteras National Seashore recreational Area and others.
Cape Hatteras National Seashore was authorized by an act of congress (16USC459) in 1937. Within this legislation is contained a mandate to the Park Service that states specifically “which shall be developed for such uses as needed” relevant to recreational activities. Amended in 1940, it became known as Cape Hatteras National Seashore Recreational Area and was set aside and dedicated “for the benefit and enjoyment of the American people”.
In 1952, the present Director of the National Park Service, Conrad Wirth, published a letter to the residents of Hatteras and Ocracoke islands in the Coastland Times, wherein he described that the Secretary of the Interior had expanded the boundaries of the villages within the Seashore to accommodate the growth necessary to cope with the anticipated visitation levels, that ramps would be constructed to facilitate vehicular access to the beach and protect the dunes, and that the people would always have access to the beaches.
Subsequently, two Executive Orders were issued by Presidents Nixon (11644) and Carter (11989) meant to manage off road vehicle (ORV) use on lands managed by the Park Service. In both cases, the Park Service was given six months to determine which areas would be open or closed to ORV use and in every instance, NPS left virtually the entire beach system, the area of the Seashore most adaptable for recreational use, open. President Carters order went one step further and relayed to NPS that they were not to close an ORV route unless they could show that it either is causing or will cause “considerable” adverse effects to the resource. For over 70 years, the Park service has not been able to satisfy this requirement in order to justify closing ORV access to any portion of this Seashore.
In 1978, the Congress passed an additional amendment to the Organic Act, where the enabling legislation for the Seashore is found. Specifically 16USC459 section 1a.1 otherwise known as the Redwoods Amendment, which forbids the Park Service from conducting any activity that would result in significant derogation of the mission established by congress for this area without “direct and specific” authorization from congress; which the Park Service does not possess.
On February 15th of 2012 the National Park Service began the implementation of a new management directive for the Seashore under the auspices of an Off Road Vehicle management plan. This “plan”, will in truth, do nothing more than discourage the visitation upon which the economies of Hatteras and Ocracoke Islands, depend.
Whereas, the National Park Service and the Department of the Interior have violated the National Environmental Policy Act, the Federal Administrative Procedures Act as well as the Organic Act.
And, they readily admit that nearly 100% of the financial impact will be felt by the villages surrounded by the Seashore,
And, that the newly instituted fee based access system applies only to one user group (ORV users), requiring those wishing to take their family vehicles on the beach to pay a fee to support the infrastructure for pedestrian only visitors,
And that NPS does not have the infrastructure in place to handle permits during the busy Spring, Summer and Fall seasons,
And, that NPS has determined vehicle carrying capacity limits which will prevent visitors from accessing the Seashore,
And, that major portions of the most popular beaches contained within the Seashore are being closed to ORV traffic in violation of E.O. 11989 as mentioned above,
And, That NPS does not have the funding to construct the facilities necessary to implement this new “rule”,
And, that NPS chooses to eliminate all access to the most popular areas of the Seashore, notably the inlets, Oregon, Hatteras and Ocracoke without any sound scientific basis for doing so,
And that NPS has not satisfied the requirements set forth within the National Environmental Procedures Act which would qualify this Seashore as a Traditional Cultural Property though the traditional use patterns and significance far exceed the parameters set forth within NEPA.
And, that NPS records indicate that better than 97% of all harm to wildlife has been the result of storms and predation, not human interaction,
And, that the prohibition on night driving on our beaches is purely supposition and not based upon sound, peer reviewed science,
And that the NPS and DOI have killed thousands of animals on Hatteras and Ocracoke Islands in the name of species protection and or overcrowding as was the case when USFWS eliminated, in a gas chamber, literally thousands of geese at Pea Island National Wildlife Refuge,
And, that in spite of the recommendations forwarded to NPS by Gordon Meyers, Chairman of the North Carolina Wildlife Resources Commission, NPS continues to plan for Endangered Species Act protection levels for non-endangered, non-threatened birds, which Meyers said were unnecessary,
And, that NPS has designated Vehicle Free Areas, for pedestrian use only, which almost perfectly overlap areas known to be closed throughout the nesting season for these same non-endangered, non-threatened bird species thereby effectively eliminating any access within these areas,
And, that is has become clear that NPS seeks to severely limit visitation to the Seashore by implementing these draconian measures which will in effect, turn this Recreational Seashore into a wildlife sanctuary in spite of the directives issued by congress and the inability to show harm to this resource or it’s wildlife.
It is for these reasons and others that we humbly beseech the Member of the House and Senate to provide relief from these draconian restrictions.
We ask that NPS be firmly reminded that their primary mission at this Seashore is to develop this area for recreational use as needed as outlined in 16USC459 sec.3.
We also ask that NPS be remanded for violation of 16USC459 sec.1a-1 as they have no direct and specific authorization from congress to derogate from the mission established for this area.
We ask that NPS be required to fully consider this area as a Traditional Cultural Property as express within the NEPA guidelines.
We also ask that any process of permitting beach driving should be free of charge to the American Public in order to limit user conflict and discriminatory penalty.
We also ask that beach driving be restored on a year round basis throughout the night and day regardless of the time of year except, with proven science, such restrictions are in place only to protect species covered by the Endangered Species Act.
We ask that closures be limited to the absolute minimum so as to satisfy the original intent of congress.
We ask that the new “rule” established by NPS be discarded in favor of a more responsible, user friendly regulation that no longer discourages visitation to the Seashore.
We ask that NPS be required to prove real harm or “injury in fact” rather than provide speculation and that sound, legally peer reviewed science be used in such decisions.
With measures such as these in place, the people of this nation will once again be able to enjoy their Seashore without fear of being turned away and the economies of Hatteras and Ocracoke may eventually recover. As things stand now, over sixty businesses have failed since NPS began its assault on our Seashore and over 500 homes have gone into foreclosure. A rather staggering statistic considering that between the two islands there are only about 5000 residents.
---------------------------------------------------------------------------------------------------------------------------
If you need help finding your local House Representative, go here:
https://writerep.house.gov/writerep/welcome.shtml
So let's work on getting some co-sponsors for this Bill.
From there, we begin to work on the Resources Committee so this can go to the floor for a vote!
Tight lines,
Wheat
Wednesday, February 29, 2012
Tuesday, February 28, 2012
Finally, I Get to Announce This After Waiting For Months
My mother always said I had the "patience of a saint" which is why, I suppose I like fishing so much. As it turns out, dealing with beach access issues requires even more patience than fishing.
Many are those that have complained that nothing was being done all this time, but those of us who were "there" know quite different.
In the past weeks, we've seen a lawsuit filed, a petition started that has gained over 12,000 signatures in just over a week and now, the beginning of another project we have worked on for some time.
Without further ado,
JONES INTRODUCES BILL TO RESTORE ACCESS TO CAPE HATTERAS NATIONAL SEASHORE RECREATIONAL AREA
WASHINGTON, D.C. – Today Congressman Walter B. Jones (R-NC) introduced H.R. 4094, legislation that would restore reasonable pedestrian and motorized access to the Cape Hatteras National Seashore Recreational Area. The bill would overturn a final rule implemented by the National Park Service (NPS) two weeks ago, as well as the 2008 U.S. District court approved Consent Decree. Both the Rule and the Consent Decree excessively restrict human access to the Recreational Area. The bill would reinstitute the Park Service’s 2007 Interim Management Strategy (IMS) to govern visitor access and species protection in the Recreational Area. The Interim Strategy was backed up by a 113-page Biological Opinion issued by the U.S. Fish and Wildlife Service which found that it would not jeopardize the species of concern, namely piping plover and sea turtles. H.R. 4094 has been referred to the House Natural Resources Committee for further consideration.
“The federal government needs to remember that Cape Hatteras was established to be a recreational area for the American people,” said Congressman Jones. “But taxpayers can’t recreate without access to the beach. The goal of management ought to be a balanced approach between visitor access and species protection. The Final Rule falls short of that goal. The Interim Strategy comes much closer to hitting the target.”
Catherine M. Fodor
Communications Director
Rep. Walter B. Jones (NC-3)
2333 Rayburn House Office Building
Washington, DC 20515
(202) 225-3415
http://www.jones.house.gov
112TH CONGRESS
IN THE HOUSE OF REPRESENTATIVES
Mr. JONES introduced the following bill; which was referred to the Committee on llllllllllllll
Well there it is. And that makes the ongoing petition even more important. With over 12,000 signatures in just a week and change, this could go far.
http://www.change.org/petitions/the-us-senate-remove-the-orv-rule-and-provide-free-and-open-access?utm_medium=facebook&utm_source=share_petition&utm_term=own_wall
if you use facebook..if not, use this link.
http://www.change.org/petitions/the-us-senate-remove-the-orv-rule-and-provide-free-and-open-access
It's good to finally get this out after having been a part of working on it for months now. Thanks to all of the folks that played a part.
Now I think I'll take a nap, well deserved, I think.
Tight Lines,
Wheat.
Many are those that have complained that nothing was being done all this time, but those of us who were "there" know quite different.
In the past weeks, we've seen a lawsuit filed, a petition started that has gained over 12,000 signatures in just over a week and now, the beginning of another project we have worked on for some time.
Without further ado,
JONES INTRODUCES BILL TO RESTORE ACCESS TO CAPE HATTERAS NATIONAL SEASHORE RECREATIONAL AREA
WASHINGTON, D.C. – Today Congressman Walter B. Jones (R-NC) introduced H.R. 4094, legislation that would restore reasonable pedestrian and motorized access to the Cape Hatteras National Seashore Recreational Area. The bill would overturn a final rule implemented by the National Park Service (NPS) two weeks ago, as well as the 2008 U.S. District court approved Consent Decree. Both the Rule and the Consent Decree excessively restrict human access to the Recreational Area. The bill would reinstitute the Park Service’s 2007 Interim Management Strategy (IMS) to govern visitor access and species protection in the Recreational Area. The Interim Strategy was backed up by a 113-page Biological Opinion issued by the U.S. Fish and Wildlife Service which found that it would not jeopardize the species of concern, namely piping plover and sea turtles. H.R. 4094 has been referred to the House Natural Resources Committee for further consideration.
“The federal government needs to remember that Cape Hatteras was established to be a recreational area for the American people,” said Congressman Jones. “But taxpayers can’t recreate without access to the beach. The goal of management ought to be a balanced approach between visitor access and species protection. The Final Rule falls short of that goal. The Interim Strategy comes much closer to hitting the target.”
Catherine M. Fodor
Communications Director
Rep. Walter B. Jones (NC-3)
2333 Rayburn House Office Building
Washington, DC 20515
(202) 225-3415
http://www.jones.house.gov
| H. R. ll |
2D SESSION
To authorize pedestrian and motorized vehicular access in Cape Hatteras
National Seashore Recreational Area, and for other purposes.
A BILL
To authorize pedestrian and motorized vehicular access in Cape Hatteras National Seashore Recreational Area, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ‘‘Preserving Access to
5 Cape Hatteras National Seashore Recreational Area Act’’.
1 SEC. 2. REINSTATEMENT OF INTERIM MANAGEMENT
2 STRATEGY.
3 (a) MANAGEMENT.—After the date of the enactment
4 of this Act, Cape Hatteras National Seashore Recreational
5 Area shall be managed in accordance with the Interim
6 Protected Species Management Strategy/Environmental
7 Assessment issued by the National Park Service on June
8 13, 2007, for the Cape Hatteras National Seashore Rec-
9 reational Area, North Carolina, unless the Secretary of the
10 Interior (hereafter in this Act referred to as the ‘‘Sec-
11 retary’’) issues a new final rule that meets the require-
12 ments set forth in section 3.
13 (b) RESTRICTIONS.—The Secretary shall not impose
14 any additional restrictions on pedestrian or motorized ve-
15 hicular access to any portion of Cape Hatteras National
16 Seashore Recreational Area for species protection beyond
17 those in the Interim Management Strategy, other than as
18 specifically authorized pursuant to section 3 of this Act.
19 SEC. 3. ADDITIONAL RESTRICTIONS ON ACCESS TO CAPE
20 HATTERAS NATIONAL SEASHORE REC-
21 REATIONAL AREA FOR SPECIES PROTEC-
22 TION.
23 (a) IN GENERAL.—If, based on peer-reviewed science
24 and after public comment, the Secretary determines that
25 additional restrictions on access to a portion of the Cape
26 Hatteras National Seashore Recreational Area are nec-
1 essary to protect species listed as endangered under the
2 Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.),
3 the Secretary may only restrict, by limitation, closure,
4 buffer, or otherwise, pedestrian and motorized vehicular
5 access for recreational activities for the shortest possible
6 time and on the smallest possible portions of the Cape
7 Hatteras National Seashore Recreational Area.
8 (b) LIMITATION ON RESTRICTIONS.—Restrictions
9 imposed under this section for protection of species listed
10 as endangered under the Endangered Species Act of 1973
11 (16 U.S.C. 1531 et seq.) shall not be greater than the
12 restrictions in effect for that species at any other National
13 Seashore.
14 (c) CORRIDORS AROUND CLOSURES.—To the max-
15 imum extent possible, the Secretary shall designate pedes-
16 trian and vehicular corridors of minimal distance on the
17 beach or interdunal area around closures implemented
18 under this section to allow access to areas not closed.
19 SEC. 4. INAPPLICABILITY OF FINAL RULE AND CONSENT
20 DEGREE.
21 (a) FINAL RULE.—The final rule titled ‘‘Special Reg-
22 ulations, Areas of the National Park System, Cape Hat-
23 teras National Seashore—Off-Road Vehicle Management’’
24 (77 Fed. Reg. 3123–3144) shall have no force or effect
25 after the date of the enactment of this Act.
1 (b) CONSENT DECREE.—The April 30, 2008, consent
2 decree filed in the United States District Court for the
3 Eastern District of North Carolina regarding off-road ve-
4 hicle use at Cape Hatteras National Seashore in North
5 Carolina shall not apply after the date of the enactment
6 of this Act.
http://www.change.org/petitions/the-us-senate-remove-the-orv-rule-and-provide-free-and-open-access?utm_medium=facebook&utm_source=share_petition&utm_term=own_wall
if you use facebook..if not, use this link.
http://www.change.org/petitions/the-us-senate-remove-the-orv-rule-and-provide-free-and-open-access
It's good to finally get this out after having been a part of working on it for months now. Thanks to all of the folks that played a part.
Now I think I'll take a nap, well deserved, I think.
Tight Lines,
Wheat.
Saturday, February 18, 2012
Reading Off Of The Same Page
As we move forward in our fight against the National Park Services' "final ORV rule" many people are becoming involved in the issues here that had quit out of frustration as well as others who are relatively new, having only now, just begun to hear about the happenings on Hatteras and Ocracoke islands concerning beach access issues.
Of course, one of the things that we need done in an effort to stem the tide of this NPS land grab is for those concerned to contact media outlets and especially your elected representatives, and often. The age old phrase "the squeaky wheel gets the grease" applies here in grand fashion.
It's important though, that we all "sing the same song", per se, so that our communications are heeded and we don't end up confusing those that we wish to listen to our plight.
So here are some basic points that should help. At least that's my hope.
First off, this is not a park; not a national park either. As congress established the various areas that would fall under the administration of NPS, these areas were given specific designations. If you look through the "park system", you will find for example, national monuments, national parks, national wilderness areas, national forests, national recreational areas, national seashores, etc.
Here however, you find the nations first national seashore and the nations ONLY National Seashore Recreational Area. The true, legal, and proper name for this area is Cape Hatteras National Seashore Recreational Area or CHNSRA and NPS hates it.
So while referring to this area, please never use the term "park" but always Seashore, Recreational Area, Recreational Seashore or something similar, but never "park".
This is important because it rams home to NPS and whoever you may be talking to, the purpose of this Seashore as established by congress.
2) Congress mandated that this area be set aside for recreational use in 1937 and added the term recreational area in 1940 stating that the area be set aside and dedicated for the "benefit and enjoyment" of the American people. (Its hard to enjoy a place you cant visit)
3) Less than 3% of all wildlife mortality on these beaches since 1952 (when the Seashore was founded) can be attributed to humans and never has there been documentation of a piping plover having been harmed. Over 97% of all turtle and bird mortality and harm here has been attributed to storms and predation. This is reflected within the NPS records.
4) Four years of limited access under the consent decree showed no appreciable gains in wildlife reproductive success but did have a devastating impact on the economy of the islands and the overall visitor experience.
5)Many former visitors are publicly vowing to never return if these restrictions remain in place including the fees now charged for beach driving which are not charged to pedestrian visitors to the Seashore, forcing one user group fund the activities and infrastructure required by another.
6) The ban on night driving is based upon supposition and not science.
7) The NPS assertion that there are 2.2 million visitors to the Seashore annually is a fallacy as that would require that over 17,400 visitors were here every day of the year.
8) The newly established pedestrian only areas over lap with traditional bird nesting areas which will preclude even pedestrian access.
9) There is no meaningful access for mobility impaired persons.
And these are just some of the talking points about this final rule that can be shared with congress and your friends and who ever you think might be able to help us.
This is Americas Beach, not the private playground of NPS and their environmentalist buddies.
Tight Lines,
Wheat
Of course, one of the things that we need done in an effort to stem the tide of this NPS land grab is for those concerned to contact media outlets and especially your elected representatives, and often. The age old phrase "the squeaky wheel gets the grease" applies here in grand fashion.
It's important though, that we all "sing the same song", per se, so that our communications are heeded and we don't end up confusing those that we wish to listen to our plight.
So here are some basic points that should help. At least that's my hope.
First off, this is not a park; not a national park either. As congress established the various areas that would fall under the administration of NPS, these areas were given specific designations. If you look through the "park system", you will find for example, national monuments, national parks, national wilderness areas, national forests, national recreational areas, national seashores, etc.
Here however, you find the nations first national seashore and the nations ONLY National Seashore Recreational Area. The true, legal, and proper name for this area is Cape Hatteras National Seashore Recreational Area or CHNSRA and NPS hates it.
So while referring to this area, please never use the term "park" but always Seashore, Recreational Area, Recreational Seashore or something similar, but never "park".
This is important because it rams home to NPS and whoever you may be talking to, the purpose of this Seashore as established by congress.
2) Congress mandated that this area be set aside for recreational use in 1937 and added the term recreational area in 1940 stating that the area be set aside and dedicated for the "benefit and enjoyment" of the American people. (Its hard to enjoy a place you cant visit)
3) Less than 3% of all wildlife mortality on these beaches since 1952 (when the Seashore was founded) can be attributed to humans and never has there been documentation of a piping plover having been harmed. Over 97% of all turtle and bird mortality and harm here has been attributed to storms and predation. This is reflected within the NPS records.
4) Four years of limited access under the consent decree showed no appreciable gains in wildlife reproductive success but did have a devastating impact on the economy of the islands and the overall visitor experience.
5)Many former visitors are publicly vowing to never return if these restrictions remain in place including the fees now charged for beach driving which are not charged to pedestrian visitors to the Seashore, forcing one user group fund the activities and infrastructure required by another.
6) The ban on night driving is based upon supposition and not science.
7) The NPS assertion that there are 2.2 million visitors to the Seashore annually is a fallacy as that would require that over 17,400 visitors were here every day of the year.
8) The newly established pedestrian only areas over lap with traditional bird nesting areas which will preclude even pedestrian access.
9) There is no meaningful access for mobility impaired persons.
And these are just some of the talking points about this final rule that can be shared with congress and your friends and who ever you think might be able to help us.
This is Americas Beach, not the private playground of NPS and their environmentalist buddies.
Tight Lines,
Wheat
Subscribe to:
Posts (Atom)