tag:blogger.com,1999:blog-54303760086259014142024-03-13T17:29:34.623-04:00Wheats eye on Hatteras Island, N.C.An ongoing prospective of life on Hatteras Island as well as the destruction of Americas first National Seashore by the court, the Park Service and environmental groups.Wheathttp://www.blogger.com/profile/06985997394412790634noreply@blogger.comBlogger112125tag:blogger.com,1999:blog-5430376008625901414.post-41806523316705677682012-08-02T12:41:00.000-04:002012-08-02T12:41:32.376-04:00When I was 10 my parents acquired an unfinished home in a nice neighborhood that bordered National Park Service Property that is part of the "Colonial National Historic Park" which encompasses the Yorktown battlefield and a narrow ribbon of road constructed in the 1930's by the Civilian Conservation Corps that leads to Jamestown/ Jamestown Island; sight of the first permanent English colony in North America. All of the above is managed by NPS though Jamestown Island, the site of the first capitol of Virginia, is actually owned by the Association for the Preservation of Virginia Antiquities and merely managed by NPS with APVA oversight.<br />
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I wish it worked that way here. It should. After all, WE own this land, not the NPS.<br />
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I spent my early years teaching colonial history and performing with the Colonial Williamsburg (CW) Fife and Drum Corps. CW was, and remains independent of government control in spite of a strong NPS presence around and literally, for a few hundred yards at least, under the property owned by the Foundation.<br />
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Back then, NPS respected those of us that worked at CW and it worked the other way around as well. So when I started hearing the complaints about how NPS was dealing with CHNSRA and the visitors and residents, my first instinct was to ask why we couldn't work together. It would be an understatement to say that I got an ear full regarding that question But I was also enlightened. And as such, my journey into the issues about access and such began.<br />
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If you've read this blog from beginning to end, you'll have undoubtedly noticed that I don't have a penchant for pulling punches and I have no intention of doing so now.<br />
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NPS has gone from being a thoughtful and reasonable partner in the management of this Seashore to an unmanaged, money hungry, unfriendly and even openly hostile part our community.<br />
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I believe that this is in great part due to the actions, words, lack of knowledge, and attitude of one federal judge, Terrance W. Boyle. Every time he opens his mouth, it seems, NPS becomes more aggressive in their actions to eliminate access to our beaches. And according to those that I and others have spoken to, their treatment of visitors has become deplorable. <br />
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Instead of what at this point be considered (since we have to pay for access) customer service, we get harassment. Unfortunately, I hear about this constantly. <br />
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Obviously this is at least in part, due to hostility NPS employees face at local businesses or locally in general but if you came to my place and set it on fire, burning it to the ground, it's not likely I'd be sending you a dinner invitation. And if you were to burn down my house and continue to harass me, I'd have something to say about it. Bob Eakes, owner of Red Drum Tackle had this to say the other day:<br />
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<a href="http://forum.reddrumtackle.com/showthread.php?23036-Time-for-reflection-on-NPS">http://forum.reddrumtackle.com/showthread.php?23036-Time-for-reflection-on-NPS</a>!<br />
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Of course, there are also the most recent antics of hizzonner, King Boyle, who has repeatedly exhibited his lack of knowledge of the Seashore over the last few years. This time he managed to completely distort the reality of access and make analogies that boggle the mind. Stories of his recent antics can be found here:<br />
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<a href="http://dr-mike-berry.com/2012/07/28/a-bizarre-courtroom-performance">http://dr-mike-berry.com/2012/07/28/a-bizarre-courtroom-performance</a><br />
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and<br />
<br /><a href="http://islandfreepress.org/PivotBlog/">http://islandfreepress.org/PivotBlog/</a><br />
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The war for access is in full swing and we need all the help we can get. Please work to make a difference.<br />
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Tight Lines,<br />
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Wheat<br />
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<br />Wheathttp://www.blogger.com/profile/06985997394412790634noreply@blogger.com0tag:blogger.com,1999:blog-5430376008625901414.post-24129328963343021742012-07-25T15:46:00.001-04:002012-07-25T15:46:14.073-04:00TiredAs a child I remember my mother telling me on more than one occasion, "you started it, now finish it." So I laugh these days as I become weary of the fight for access to the beaches of Cape Hatteras National Seashore Recreational Area. Mayhaps it's not the fight but the fighting that has worn me out.<br />
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I know I'm tired of hearing about how things should be done here from folks that have no clue as to what is happening on these islands. In many cases, this comes from folks that couldn't find Hatteras or Ocracoke on a map if it was right in front of their face; have no intention of visiting here, and could care less about those that do. Nor do they care about the fine people that populate this place.<br />
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I'm tired of hearing the outright lies and collection of misinformation spewed forth by Audubon, DOW, and SELC. I would be remiss if I failed to mention the National Park Service as well. The spin they toss out is just as bad, and smells worse than that put forth by the "darkside".<br />
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I'm tired of seeing miles of closures just as I'm tired of seeing dozens of vehicles parked along our highway that create a traffic hazard. <br />
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And though I may lose more friends because I say this, I'm tired of hearing people complain about access that aren't willing to lift a finger to help get it back.<br />
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So here's my message. I and many others care about access to these beaches as much as you do. Some of us have been working for years to set things right. It's not just about the economy, it's about your freedom to enjoy these beaches the way that was intended and promised by our federal government.<br />
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The reality is, we're working hard to put things right and we've come further than we ever have before. Now is not the time to condemn our actions but to support them. <br />
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Learn the facts, get involved.<br />
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So ends my rant.<br />
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On a positive note, Senator Joe Manchin (D) WV is now a cosponsor of S. 2372 which if enacted, will restore reasonable access to the Seashore and do away with the consent decree and "final rule" established by NPS; The success of this legislation, of course depends on your participation in this process, This is the last step before it hits the floor of the Senate for a vote. So it's up to you.<br />
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If you need some things to fill your communication, as always I will recommend <a href="http://www.islandfreepress.org/">www.islandfreepress.org</a> as Irene has done a wonderful job of keeping us informed. You may use my rants as well. <br />
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I do want to point out an excellent letter by the esteemed Dr. Mike Berry who in conversation feels much the same way as do I about the subject of access. This is, as far as I'm concerned, a "must read" relative to our issues. So with permission, I copy one of his "Meus Visum" blog entries.<br />
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<h2 class="single">
Response to Senate Hearing Testimony Given by SELC and NPS on June 27, 2012</h2>
<div class="entry">
This responds to scientifically unfounded claims that were raised at the Hearing before the Senate Subcommittee on National Parks on June 27, 2012 with regard to the passage of S. 2372, which would reinstate the Interim Management Plan for the Cape Hatteras National Seashore Recreational Area (CHNSRA).<br />
On June 27, 2012 the National Park Service (NPS) and the Southern Environmental Law Center testified in Senate Hearing that the “Consent Decree” that restricts public access to the Cape Hatteras National Seashore Recreational Area is an environmental management success that has produced extraordinary numbers of birds and turtles since April 2008. That claim, constantly touted by NPS and SELC, has no basis in scientific method or evaluation or standard environmental management practice.<br />
Following are nine (9) items to consider when evaluating resource management and related science in the Cape Hatteras National Seashore Recreational Area in relation to the well crafted “Interim Plan” promulgated in 2007 but set aside without any public comment or review in 2008 by the poorly crafted “Consent Decree”.<br />
(1) The Interim Management Plan fully titled <strong><em>Interim Protected Species Management Strategy/Environmental Assessment</em></strong> was publically discussed at great length and reviewed under the NEPA provisions in 2006. It was signed into effect in July 2007 and published in the Federal Register.<br />
As indicated at page 30 in the <strong><em>Finding of No Significant Impact Interim Management Strategy</em></strong> (See Attached) “<span style="text-decoration: underline;">There are no significant adverse impacts on</span> public health, public safety, <span style="text-decoration: underline;">threatened or endangered species</span>, sites or districts listed in or eligible for listing in the National Register of Historic Places, or other unique characteristics of the region. In addition, no highly uncertain or highly controversial impacts, unique or unknown risks, significant cumulative effects, or elements of precedence have been identified and implementing the selected alternative (modified preferred alternative – Alternative D (Access/Research Component Focus) with Elements of Alternative A) will not violate any federal, state, or local environmental protection law. There will be no impairment of park resources or values resulting from implementation of the selected alternative.”<br />
The USFWS reviewed and concurred with the Interim Strategy and the <strong><em>Finding of No Significant Impact</em></strong>. In the Biological Opinion submitted to the NPS, August 14, 2006, USFWS states with regard to the Interim Plan,<br />
“After reviewing the current status of the breeding population of the Atlantic Coast population of the piping plover, wintering population of the Atlantic Coast population of the piping plover, the wintering population of the Great Lakes population of the piping plover, the wintering population of the Great Plains population of the piping plover, seabeach amaranth, and loggerhead, green, leatherback, hawksbill, and kemp’s ridley sea turtles, the environmental baseline for the action area, the effects of the proposed action and the cumulative effects, <span style="text-decoration: underline;">it is the USFWS’s biological opinion that implementation of the Strategy, as proposed, is not likely to jeopardize the continued existence of these species</span>.” (See “Conclusion” at page 75 of USFWS Opinion)<br />
The NPS rational for the management provisions of Interim Plan is indicated at page four in the <strong><em>Finding of No Significant Impact</em></strong>.<br />
“SELECTED ALTERNATIVE (MODIFIED PREFERRED ALTERNATIVE –ALTERNATIVE D (ACCESS/RESEARCH COMPONENT FOCUS) WITH ELEMENTS OF ALTERNATIVE A<br />
Based on the analysis presented in the strategy/EA, the NPS identified Alternative D – Access/Research Component Focus as the preferred alternative for implementation. The preferred alternative is described on pages 59–63 and in tables 1, 2, and 3 of the strategy/EA. However, after considering public comment on the strategy/EA; park field experience during the 2006 breeding season; the USFWS Amended Biological Opinion (2007) (attachment 1 to this FONSI); new research (“Effects of human recreation on the incubation behavior of American Oystercatchers” by McGowan C.P. and T.R. Simons, Wilson Journal of Ornithology 118(4): 485-293, 2006); and professional judgment, NPS has decided to implement a combination of Alternative D – Access/Research Component Focus and some elements of Alternative A– Continuation of 2004 Management that pertain to managing sensitive species that are not listed under the ESA (see tables 1, 2, and 3 of this document). <span style="text-decoration: underline;">The basic rationale for this choice is that alternative D, as modified by elements of alternative A, best provides for both protection of federally and non-federally listed species and for continued recreational use and access</span> consistent with required management of protected species during the interim period, until a long-term ORV management plan/EIS/regulation is developed, approved, and implemented. The modified preferred alternative – Alternative D (Access/Research Component Focus) with Elements of Alternative A is incorporated into the strategy/EA by Errata (attachment 2 to this FONSI). All elements of the modified preferred alternative were fully assessed in the strategy/EA under alternative A or alternative D.”<br />
As indicated in the <strong><em>Finding of No Significant Impact</em></strong>, the selected alternative proved for both public access to the seashore and resource protection based on professional judgment of NPS managers, and consistent with management suggestions of USGS.<br />
<strong>The Interim Plan established “best professional judgment” closure areas that did not previously exist. (See Pages 34-40 <em>Finding of No Significant Impact.</em>)</strong><br />
(2) Prior to the implementation of the Interim Plan, there was concern voiced mainly by environmental activist organizations that species decline was occurring on the national seashore as the result of increased public access, mainly off road vehicles. For five consecutive years (2001-2006), published resource numbers were low compared to previous years and were often touted to indicate that species populations, particularly birds, were in decline due to anthropogenic causes. However, it is often not mentioned that during this same time period the Cape Hatteras National Seashore Recreational Area experienced back-to-back storms that produced a significant distorting and transforming effect on the seashore ecosystem.<br />
Due to the fact that the National Park Service, resource managers, and researchers had limited habitat specific research and monitoring data, the actual numbers of species, species behavior, and size of species populations at Cape Hatteras National Seashore Recreational Area were unknown and often simply speculated in the form of “professional judgment”. It is important to recognize that “judgments” and “opinions” in the absence of data are not science.<br />
USGS, the research arm of the Department of Interior, in the introduction to the document titled <em>Synthesis of Management, Monitoring, and Protection Protocols for Threatened for Endangered Species and Species of Special Concern at Cape Hatteras National Seashore, North Carolina</em> made the following observation giving credence to the fact that the low bird counts published for a few years prior to 2007 were most likely not indicative of the actual condition of species.<br />
<em>“Over the past decade, management of these natural resources has been inconsistent at CAHA, partially due to the lack of effective and consistent monitoring of the location, reproductive activity, mortality factors, and winter habitat use of these species.”</em><br />
<strong>Recognizing the lack of effective and consistent monitoring that existed prior to 2007, the Interim Plan established an enhanced and intensive resources monitoring program for birds and turtles that had not previously existed. Starting in 2007, NPS began seeking out, observing, and reporting birds at more heightened level than ever before</strong>. <strong>Since instituting the enhanced monitoring program in 2007, bird numbers have increased.</strong> <strong>(See Pages 34-40 in <em>Finding of No Significant Impact.</em>)</strong><br />
(3) In April 2008, environmental activists organizations sued to overturn the Interim Plan, claiming that the plan was not based on sound science and closure boundary distances prescribe by USGS. The Southern Environmental Law Center, the Audubon Society, and Defenders of Wildlife, sued the National Park Service and convinced a federal judge without any oral argument or expert testimony to issue a consent decree to convert the most popular and frequented sections of the Cape Hatteras National Seashore Recreational Area into mile after mile of “Bird Use Area” for a large part of the visitor season.<br />
The public was given no opportunity to review or comment on the poorly crafted environmental management provisions of the consent decree. The provisions were slapped together in a period of about three weeks in April of 2008, behind closed doors, with no independent technical input and discussion.<br />
Closure boundaries for four bird species (Piping Plover, Least Tern, Colonial Water Birds, American Oystercatcher), none of which are endangered, have prevented thousands of hard working, tax paying citizens and visitors from around the world from entering into large areas of the seashore. Thousands of visitors are channeled into now much overcrowded sections of the seashore, threatening to overrun the carrying capacity of those ecosystems.<br />
The consequence of this non-public involved environmental decision is disastrous. As indicated in testimony this has had a devastating effect on the economy of Hatteras Island.<br />
<strong>The access denying provisions of the consent decree provisions, which are unnecessarily restrictive and not based on objective science assessment, have been incorporated with additions into the final ORV management plan that the proposed legislation S. 2372 is designed to overturn.</strong><br />
(4) Environmental activists often referred to National Park Service annual resource reports in their self-promoting press releases, public testimony, and periodic presentations to the federal judge overseeing the consent decree. They use the reports to make claims that the public access restrictive resource closures of the consent decree, which they crafted and imposed without public review, are resulting in “highest ever” bird and turtle observations.<br />
The annual resource reports have never been independently reviewed or verified for accuracy.<br />
The National Park Service and the environmental activists groups are comparing numbers in these recent annual resource reports to questionable low bird count numbers published prior to 2007 that were not observed using the current level of intense and enhanced monitoring and measurement that has been in place since 2007. Such an “apples and oranges” comparison is in no way valid or useful in indicating statistical change.<br />
<strong>In the absence of an enhanced monitoring program prior to 2007, it is plausible that various bird counts were not as depleted and low as claimed by environmental activists but that they were simply not being observed, counted, and reported as at the current intense monitoring level.</strong><br />
<strong>It is also plausible that any noted increase in bird counts since 2007 are due to a new enhanced program for seeking out, observing, and reporting birds rather than the creation of public access restrictive closures.</strong><br />
At no time in the past four years has any federal official demonstrated through independent audit or review, the validity of these reports or taken a hard look at environmental activists claims. None of the annual reports related to the consent decree for 2008, 2009, 2010, and 2011 were ever peer reviewed or validated by competent independent science advisors in open public forum or openly discussed by interested parties.<br />
The bird and turtle numbers that environmental activists lawyers refer to come from annual National Park Service reports that are not consistent with the Presidential Directive for Science Integrity, and Department of Interior and National Park Service policies for scientific transparency and review. The reports do not indicate an author or a federal scientist who takes responsibility for the validity of the data. The public does not know who – by name, affiliation, and technical qualifications – made the observations and recorded the data. The public has no knowledge of chain of custody or quality assurance of the data. The public does not know who specifically wrote the reports. The public cannot get at the facts and verify claims.<br />
Resource documents indicate that previously in 2007, annual bird reports commissioned by the National Park Service were co-authored by Audubon Society members.<br />
(5) There is no statistically significant environmental benefit indicated because of the restrictive access provisions of the Consent Decree or the Final ORV Plan.<br />
<strong>Nowhere in any annual resource report of the past four years does National Park Service demonstrate or claim a cause and effect relationship between overly restrictive closures provided by the consent decree and bird and turtle production.</strong><br />
Environmental activists and the National Park Service cannot demonstrate or prove that wildlife production of birds and turtles was improved under the overly restrictive provisions of the consent decree any more than would have occurred had the provisions of the publically reviewed Interim ORV Plan been allowed to move forward for four years.<br />
In recent court testimony, without qualification, the Seashore Superintendent said about birds and turtles, “the trend is up”. The statement is something the judge that issued a consent decree that has denied extensive public access to the national seashore wants to hear even though at each of the Status Conferences before the judge, the Seashore Superintendent has explained to the Court that it is in fact too early to ascribe a cause/effect relationship.<br />
For turtles, production and sightings during the years of the consent decree are up all along the Atlantic Coast, not just the region governed by the consent decree. For birds, natural processes and variability alone can produce such a statistically insignificant one or two year “uptrend” for a very small number of birds in previous years. The production and survival trend for two bird species in the current 2012 breeding season appears to be down for this point in the season when compared to the past two years.<br />
(6) Data collected and published by NPS in recent years in no way supports the claim by environmentalists that ORVs reduce the productivity of birds. In fact, the data suggests that the Interim Management Plan, prepared with public input and review in 2005 and published in the federal register, was showing every sign of being effective at protecting birds and natural resources.<br />
Had best professional judgment been allowed, along with reasonable public access, for the last four years under the consent decree we would reasonably expect the same result in bird and turtle production we see today, if not better.<br />
The Interim Management Plan was set aside by the court and replaced by the consent decree that mandated extensive closures. The closures of recent years have been of exorbitantly high cost to the public, but have not contributed to an improvement in species production or safety. The consent decree has produced no natural resource benefit over and above the Interim Plan. In fact, in the same year the consent was issued, the fledge counts were higher under the Interim Plan than under the consent decree. In a matter of weeks after the issuance of the consent decree, the NPS in Washington and environmental activists in Senate testimony disingenuously credited the restrictions of consent decree, which had hardly been implemented, for improved bird counts that were most probably the consequence of the Interim Plan and enhanced monitoring implementation.<br />
Using the same data to which environmental activists and NPS often refer, 7 piping plovers fledged in 2008 under the Interim Plan, 6 in 2009 under the highly restrictive consent decree. 17 American oystercatchers fledged in 2008 under the Interim Plan and 13 in 2009 under the highly access restrictive consent decree, the same management structure now found in final ORV management plan.<br />
(7) From a scientific viewpoint, “best professional judgment” closures are more effective and technically sound than closures imposed by the Consent Decree and Final ORV Regulation. Smaller closures limit the free movement of predators. They do not promote the food chain manipulation and transformation in the ecosystem to the same extent as the larger consent decree closures.<br />
The huge closure distances in the consent decree and final plan restrictions keep pedestrians and ORVs off the seashore while birds are nesting. At the same time, the extensive closures also provide for the proliferation and increased free movement of predators. In effect, the extensive closures create an ecological trap for birds in that large closure areas enhance predation.<br />
Data at page 10 of 2011 American Oystercatchers Report indicates that in 2008 under the Interim Plan, 22% of chicks were lost to predation. Under the consent decree boundary restrictions 58% were lost in 2009; 35% lost in 2010; and 42% lost in 2011. Since the extraordinarily large consent decree boundaries have come into play, the predation trend is “up”.<br />
Food chain manipulation is one way to promote unnatural bird production. The technical provisions of the consent decree have been the basis for the selective trapping and killing of bird predators. Aggressive predator control during the years of the consent decree is altering the ecosystem significantly for the sole benefit of selected bird species.<br />
(8) Over the past 40 years, federal agencies have adopted formal peer review policies to ensure they comply with the “Hard Look Doctrine”. Federal Courts expect agencies to take a “Hard Look” at the science and not be informal or sloppy in their treatment of fact. The National Park Service has failed to ensure a valid science basis to a regulation that restricts public access to the national seashore. An independent review to determine the validity of the so-called “scientific fact” never occurred during the consent decree proceedings of the past four years. As a result, the public lost access to the beaches of its national seashore. Such government inaction in responding to and collaborating with politically powerful special interests will only further public outrage and distrust of government.<br />
Many of the references used to justify the final ORV management plan are those of individuals and activists organizations who have supported litigation that denies public access. The major science references are authored by environmental activist organizations and individuals trying to shut down ORV access to the national seashore: Audubon, Blue Water, Hatteras Island Bird Club, etc. Many of the references are outdated, biased, contain incomplete and misleading information, and few have ever been reviewed in open forum. The main science references are unsuitable and inappropriate as the basis for a government regulation that restricts public access to the national seashore and have significant negative impacts on the Outer Banks economy.<br />
The so-called “USGS Protocols” continue to be touted as “best available science” in the development of the final ORV management plan for the Cape Hatteras Seashore Recreational Area.<br />
The USGS Protocols were cited as being “in press” 5 years after they first appeared on the Park Service website. There was no date on the document, no responsible federal official identified, no government document number. The final publication was not accessible, publically reviewed, or fully explained by government authority at the time the DEIS was submitted to the public for comment.<br />
In an introduction to the final release of the Protocols in March 2010, USGS states,<br />
<em>“Although no new original research or experimental work was conducted, this synthesis of the existing information was peer reviewed by over 15 experts with familiarity with these species<strong>. This report does not establish NPS management protocols</strong> but does highlight scientific information on the biology of these species to be considered by NPS managers who make resource management decisions at CAHA.”</em>(<a href="http://pubs.usgs.gov/of/2009/1262/">http://pubs.usgs.gov/of/2009/1262/</a>).<br />
As indicated by USGS, the “Protocols” are really not hard and fast science based protocols but suggested considerations rendered by an ad hoc group. Such ad hoc suggestions can in no way be characterized as “best available science”.<br />
The literature reviews found in the “USGS Protocols” as published in final are significantly out of date. Many citations are over 20 years old and most are not related to the Cape Hatteras National Seashore Recreational Area. The public does not have access to the literature reviewed in this essential report and most of the citations are so insignificant they cannot even be found in major university libraries that have extensive environmental and natural resource publications such as the University of North Carolina at Chapel Hill.<br />
The following speaks volumes as to the lack of formality and serious purpose of the “USGS Protocols” currently used as the excuse for beach closures.<br />
<ul>
<li>There is no public record that the protocols, which have been the source of closures, have been officially peer reviewed following USGS peer review policy. <a href="http://www.usgs.gov/usgs-manual/500/502-3.html">http://www.usgs.gov/usgs-manual/500/502-3.html</a></li>
</ul>
<ul>
<li>There is no public file, docket, or documentation of peer review questions, comments, or author response.</li>
</ul>
<ul>
<li>There is no indication that the protocols were ever published in a peer reviewed journal or publication or ever referred to as what they are, management guidelines and opinions as opposed to in-depth science assessment.</li>
</ul>
<ul>
<li>Scientists having any kind of conflict of interest association, whether through membership, collegial associations, funding, or grants must disclose the relationship. Some authors and reviewers of the protocols were members and associates of organizations now using the protocols to restrict public access to the beaches of the national park, a fact never disclosed openly and not in compliance with USGS peer review policy.</li>
</ul>
As has been stated many times in public comment to the National Park Service, the best course of action to resolve the matter of valid science is to turn the science review and update over to the National Academy of Sciences or some other neutral party, to objectively, critically, and comprehensively review all relevant science, disclose the facts and restore some public trust in the scientific process used as the basis for environmental management decisions at Cape Hatteras National Seashore Recreational Area.<br />
<strong>Most importantly, for the restrictive provisions of the final ORV management plan, there is no indication that NPS ever plans to revisit the USGS Protocols and the science basis for closure boundaries.</strong><br />
<strong>The NPS fails to take hard look at the science that might contradict its current justification for denial of public access to the Cape Hatteras National Seashore Recreational Area.</strong><br />
<strong>Note: The USGS boundary distances and written submission to NPS as so called “Protocols” does meet the standard of scientific evidence as determine by the “Daubert Standard”, often used by federal courts to determine the validity of science.</strong><br />
<strong>(See </strong><a href="http://www.law.cornell.edu/wex/daubert_standard"><strong>http://www.law.cornell.edu/wex/daubert_standard</strong></a><strong>)</strong><strong> </strong><br />
(9) Nowhere is a specific science basis, study or data, ever presented, or published for a given bird management option, established solely for the Cape Hatteras National Seashore Recreational Area.<br />
Closure boundaries are overly restrictive at CHNSRA and are not used at other NPS properties. There has been no administrative or science based explanation given to the public for these uniquely restrictive closures that limit public access to the seashore, other than they are somehow in the primary interest of resource protection and “come down on the side of birds and turtles”.<br />
No deaths of Piping Plover chicks or destruction of eggs by humans are documented at the Cape Hatteras National Seashore Recreational Area. More specifically, no Piping Plovers have been verified as lost to ORVs accessing the national seashore as is often claimed by environmental activists. The majority of nests and hatched birds the past four closure seasons, and before, were lost to predation and storms, one at the hands of a university researcher trying to band a bird.<br />
In the face of no documented Piping Plover loss due to human activity, NPS, USGS and the contributing scientists have failed to explain specifically why, by way of science justification, 1000-meter boundaries, that prohibit public entry into an area up to 770 acres, must be established every time a Plover chick is observed. The literature indicates that on average Plover chick movement is less than 200 meters. The NPS claim in response to public comments that plover chicks run further distances on Hatteras is a ridiculous excuse for sound science. The public access denial consequences of such a subjective management policy for a national seashore, which is set aside for public access, is excessive, does not indicate a balance of responsible usage, and fails to reflect reasonable or professional resource management.<br />
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The link to this is as follows:<br />
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<a href="http://dr-mike-berry.com/2012/07/23/response-to-senate-hearing-testimony-given-by-selc-and-nps-on-june-27-2012/">http://dr-mike-berry.com/2012/07/23/response-to-senate-hearing-testimony-given-by-selc-and-nps-on-june-27-2012/</a><br />
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Dr. Berry speaks for all of us but cannot speak alone. Let your voice be heard and quickly<br />
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Tight Lines, <br />
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Wheat</div>
Wheathttp://www.blogger.com/profile/06985997394412790634noreply@blogger.com2tag:blogger.com,1999:blog-5430376008625901414.post-1625291059111852942012-06-20T17:01:00.000-04:002012-06-20T17:01:18.565-04:00ProgressYesterday, June 19th, was a very long day for many of us that have been working so hard for years on the issues of access. People from all over the country waited through the hours as the House of Representatives debated the bill containing H.R. 4094 which if enacted, will re-establish reasonable pedestrian and motorized access to Cape Hatteras National Seashore Recreational Area. At around 5:30, the word began to spread that indeed the bill had passed and that it wasn't just along party lines, for a change. Something I find encouraging though I know we have a long road ahead of us.<br />
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Of course, much ado will be made by the "dark side" with claims that the legislation will reverse needed, scientifically based protections implemented by NPS to protect plants and animals here at the Seashore. And as usual, details contradicting these claims will be left to blow in the wind as though they don't matter. There won't be mention of the fact that visitors to the Seashore don't destroy the plants that flourish here. But they will bring up Sea beach Amaranth, a federally protected species. Never mind that the plant is considered extirpated, or locally extinct. They will bring up the Plovers which are seeing the lowest numbers of nesting pair (6) since the draconian closures implemented by the Consent Decree went into effect. They will also avoid mentioning that they include, among other things, the Pole Road, as open access mileage available to persons wishing to enjoy vehicular access to the Seashore though no beach access is available except for pedestrians. Another blatant spin designed to disguise the reality of what NPS has done to this incredible place and their effort to remove all of us from the beaches for as long as possible.<br />
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It's irritating at this point in spite of the elation about the passage of 4094. Irritating because the Fed thinks it can manage a resource in a better way than can the stewards of same, especially those that work with their environment on a day to day basis as opposed to a wet nosed environmental studies graduate that has never experienced "nature" outside of a classroom but is full of concepts, supposition and an agenda fostered by some idyllic image of how "nature" should be, sans the human element.<br />
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Case and point is the governments forest management. For years, especially since the great fire in Yellowstone, many have been calling for more sensible management of the forests we have and yet this has been resisted not only by environmental groups and their Utopian vision, but by the government as well. The result has been increasingly frequent calls from members of congress, industry, and the public, to better manage these areas; particularly to prevent out of control wildfires. Though the issues are complex, our national forests keep getting burned at an alarming rate and the growing consensus, is that it is a result of government mismanagement. I'm not going to begin to delve into this argument any further but I will say this. A good friend of mine who I have known since I was 10 lives in Ft. Collins, Co. Another lives in Arizona. Thousands of acres have been burned and the fed is being pointed out as the cause. As I write, my home is filled with smoke from another fire in NC on federal land that was started as a result of a "controlled" burn in 30 mph winds. Folks as far away as Hampton Va. have reported smoke. <br />
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The point being that if left up the federal government and their poor management policies, what ever will we have left? Billions upon billions of dollars are spent in the name of protecting one resource or another and yet all we seemingly end up with is tragedy. One needs look no farther than Plovers and turtles at the Seashore to discover just how inept these people can really be. It's time for a change. It's time for us to work to return our public lands to the people that really care, the true stewards of our resources. <br />
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Of course, now we move onto yet another chapter in our fight to restore access to the American public, restore an economy, and re-establish the right to protect our Seashore for the benefit of future generations while still, as we always did, protecting the resource.<br />
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Our rally cry becomes "On To The Senate!"<br />
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H.R. (House of Representatives) 4094 has been passed. Now we need concentrate on S. (Senate) 2372.<br />
This has to pass in the senate committee before it moves on and hits the floor of the Senate for a vote. The hearing will be held on the 27th of June, next Wednesday which means that it's imperative that we push, hard and fast, to make our voices heard. <br />
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Contact your Senators and push this bill through. Contact those that are on the <span style="font-family: Helvetica; font-size: x-small;">Senate Committee on Energy and Natural Resources.</span><br />
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<a href="http://www.energy.senate.gov/public/">http://www.energy.senate.gov/public/</a><br />
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Click on the contact button at the bottom and sent them an email. Remind them of why this matters to you and how much you care about this resource and access. <br />
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You can make a difference and now, if ever, is the time to do so. <br />
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Send an email to the White House as well explaining the same.<br />
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<a href="http://www.whitehouse.gov/contact">http://www.whitehouse.gov/contact</a><br />
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We only have until next Wednesday to get this done folks..so lets get at it!<br />
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Tight Lines,<br />
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Wheat<br />
<br />Wheathttp://www.blogger.com/profile/06985997394412790634noreply@blogger.com0tag:blogger.com,1999:blog-5430376008625901414.post-14297852523751320572012-06-15T11:12:00.000-04:002012-06-15T11:12:25.038-04:00Aggravation<br />
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<span style="font-family: Calibri;">I lately sat down to watch the HBO series “Band of Brothers”
again as it reminds me of the struggles we face. They were a small segment of
the force that fought for victory against seemingly insurmountable odds,
beginning on D-Day, and continuing until the end of the European conflict in
1945. The story told by those that were there, and part of this struggle, is
beyond words.<span style="mso-spacerun: yes;"> </span>At the beginning of each
episode, we are treated by a short thought by the veterans who lived through so
much and dealt with the world literally crashing in around them. I can’t help
but feel connected somehow with these incredible people. But then I imagine
that was the point of the film..to reach out, grab your heart to the point
where you actually worry about these soldiers and their fate.</span></div>
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<span style="font-family: Calibri;">Though it’s wonderful that their story was finally told in a
fashion that not only pulls from deep inside, but brings an all too realistic image
into the living room, it reminds me somewhat of what we are up against. </span></div>
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<span style="font-family: Calibri;">Of course the two cannot be compared in real terms. In their
fight, people died, many people died. We don’t deal with combat, deprivation, trench
foot, bitter cold, lack of food, shelter, etc. And we don’t have bullets,
mortar rounds, and artillery raining down upon us.<span style="mso-spacerun: yes;"> </span>Though there can, in reality, be no real
comparison, there are similar circumstances, albeit, without the bullets and
cetera.</span></div>
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<span style="font-family: Calibri;">Oppression by the force of arms seems to be the common
ground. During WWII it was a matter of ideology. It was about one people being
superior to another, the “master race” was to dominate the world and anybody
that stood in their way was to be exterminated.</span></div>
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<span style="font-family: Calibri;">What occurs here
now, becomes government sponsored destruction of the very economy upon which
the residents of Hatteras and Ocracoke islands depend. And it has become
obvious over the years that this is an intentional effort by NPS and the
Department of the Interior though clearly ideology is the driving force behind the NPS actions and agenda.</span></div>
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<span style="font-family: Calibri;">I was asked a question by a friend that lives on the island
a couple weeks ago and it was, “do they think we are ghosts?”<span style="mso-spacerun: yes;"> </span>I had to think about that for a bit, but
considering all the things I've heard and seen over the years I've been
involved in this mess, and the actions of NPS and their cohorts, I have begun to
ask the same question. And as the days go by, the questions continue to mount, the NPS agenda becomes more blatant, but continues to lack any sort of reasoning other than the agenda itself.</span></div>
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<span style="font-family: Calibri;">Of course, much has happened since I sat down to write last. Mike Murray will retire next month as he stated he would do some three years ago. This of course after having turned the economy and lifestyle of Hatteras and Ocracoke islands upside down and opening the door to our collective ruin. He gets to leave with a nice government pension, health care, etc.. while families and businesses on the islands are left to suffer in part, because of the choices he made. Recently interviewed, he shifted the responsibility for his choices to NPS as a whole and even had the audacity to say that he wished that access advocates had tried to come to terms with the environmentalists. Murray seems to forget that it was his obligation to kick those groups out of negotiated rule-making once they filed a lawsuit in violation of their agreement with the Secretary of the Interior. He also seems to forget that every concession made by access groups was met with an even harder line by DOW, Audubon and SELC.</span></div>
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<span style="font-family: Calibri;">If you want to read the interview, (try not to throw up) it's here:</span></div>
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<a href="http://outerbanksmilepost.com/mp/?page_id=101">http://outerbanksmilepost.com/mp/?page_id=101</a></div>
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In the mean time, H.R. 4094 goes to the House floor as part of a larger bill this coming week. Make a serious effort to contact your congressmen and ask for their support on this bill.</div>
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<a href="http://islandfreepress.org/2012Archives/06.13.2012-UPDATEHR4094WillGoToHouseFloorNextWeek.html">http://islandfreepress.org/2012Archives/06.13.2012-UPDATEHR4094WillGoToHouseFloorNextWeek.html</a></div>
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In addition, our bill will be considered in the Senate on the 27th. A hearing has been scheduled before the Senate Subcommittee on National Parks. The hearing will be held on Wednesday, June 27, 2012, at 3:00 p.m. in room SD-366 of the Dirksen Senate Office Building.<br /> S. 2372, a bill to authorize pedestrian and motorized vehicular access in Cape Hatteras National Seashore Recreational Area. We really need to push this folks. Lots of phone calls and e-mails. It's to late, because of short notice to rely on snail mail. Direct contact is your best option.</div>
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To find your rep, for the House, go here:</div>
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<a href="http://www.house.gov/representatives/">http://www.house.gov/representatives/</a></div>
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For the Senate subcommittee on Natural Resources:</div>
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<a href="http://www.energy.senate.gov/public/index.cfm/contact-form">http://www.energy.senate.gov/public/index.cfm/contact-form</a></div>
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"It's the squeaky wheel that gets the grease" folks, so please take the time to make the calls and email your representatives. If you want access in the future, this is what needs done. there is plenty of information here as well as <a href="http://www.islandfreepress.org/">www.islandfreepress.org</a> , <a href="http://www.obpa.org/">www.obpa.org</a> and <a href="http://www.ncbba.org/">www.ncbba.org</a></div>
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Two other things of interest are the extra signs that have shown up along Route 12 between Buxton and Avon and what happened to Ramp 43.</div>
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The new signs between the villages, are concentrated around Canadian Hole and "Kite Point", installed by NCDOT are intended to prevent people from parking on the side of Rt. 12 in order to kite board or wind surf, or for that matter, just surf. Apparently, this has also occurred down at Sandy Bay, between Frisco and Hatteras Village. The intent is obviously to prevent folks from parking on the side of a 55mph speed limit roadway; a hazard at best. But at the same time, it forces users of this area to purchase permits to drive on the sand like the rest of us have to. Of course, some continue to park along the road in spite of the signage. Here's a picture..I unfortunately don't have a credit. At least the blanket flowers still showed up.</div>
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So, yesterday I got a phone call about Ramp 43. And this is where I get back to the "agenda". In the first instance, NPS decided this week to open the area between Ramps 43 and 44 to access; pedestrian only access and only if you keep your feet wet. The chief propaganda minister, madame Holda also sought fit to inform the masses that the area had been re-established as a pre-nesting closure. It was originally closed as a prenesting area and then for Oystercatchers who have since nested and moved on. So they establish a nesting closure again? for invisible birds? in mid June? Oh that's right, the idea is to keep people off the beach as long as possible.</div>
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On top of that there are four turtle nests north of 43 that have been under water at least four times in the last week. </div>
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And if that isn't fun enough, NPS has moved Ramp 43 to the north. No longer do you drive up and over the long established, hardened dune, now you drive to the end of the former parking lot. I say former because there is really nowhere for anyone to park. So in their infinite wisdom, NPS has eliminated a perfectly good ramp in favor of eliminating any real pedestrian access in terms of parking and in the mean time created a funnel for ocean water to flood the entire area which will prevent virtually all access. Good job!</div>
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And of course, the fun part was going out to see all the folks on the sand.</div>
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As in nobody was on the beach by me.<br />
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If that's not fun enough, the NPS created wetlands are near flood stage since they wont drain them anymore. One decent rain event and everything floods, and quickly. Aren't we all glad that NPS is here to manage this area?<br />
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Empty beaches, ramps set to flood, mosquito populations that are astounding, six pair of plover for 2012 lwoest number since the massive closures began, gee whiz. Explain to me again why sensible resource management isn't used at the Seashore? I just don't get it.<br />
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Day in and day out I hear the complaints. "Permits for this, permits for that"; "I'm never coming back"; "this is ridiculous"; "I was going to invest in a house down here, but not now"..etc..<br />
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That is our NPS at work. Thanks, Mr Murray. Enjoy your publicly funded pension as we lose all we care for.<br />
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Tight Lines,<br />
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Wheat<br />
<br />Wheathttp://www.blogger.com/profile/06985997394412790634noreply@blogger.com1tag:blogger.com,1999:blog-5430376008625901414.post-18247868162338762162012-05-24T16:58:00.002-04:002012-05-24T16:58:46.043-04:00An Outstanding Letter To Congressman Walter B. JonesThis inspiring letter was written by Malcom Peele and was published Tuesday 5/22/12 in the Coastland Times. It is a wonderful read and well worth the time. I reprint it with the authors permission.<br />
<br />
Tight Lines,<br />
<br />
Wheat<br />
<br />
<br />
Letter to the editor<br />
<br />
An open letter to Gongressman Walter Jones:<br />
There is something terribly wrong in our country today, and there is no place where it is more evident than what is happening in Cape Hatteras, North Carolina. The inhabitants of this tiny island that consists of seven villages, are under siege by the allowances of repressive government no less than the framers of the Constitution were, who out of desperation fled from their homeland where generations of "their" families had lived. We the people of the United States are supposed to be living under the rule of law created by our founding documents, guarantying our right to life, liberty, and the pursuit of happiness. Those fundamental rights are systematically being stripped away from us and one would wonder if there is any solution.<br />
The simplicity of the early days of the Audubon Society, the Environmental Protection Agency, and other similar wildlife groups who saw the necessity of protecting and preserving our precious natural resources, and rightfully so, has evolved into a very radical and deliberate paradigm shift towards a sense of absolute control over the public by these agencies and special interest groups. But the most unbelievable aspect about what is happening is how all of these groups somehow trump the United States Constitution and the Declaration of Independence. They have become the puppeteers of our society and there influence affects every aspect of our daily lives, from commerce, to tourism, to recreation.<br />
Generations of families have made their living on our beaches and the waters of the Pamlico Sound, but today many have had to leave the prosperity of the fishing and crabbing industry because of restrictions and regulations that have been imposed upon them by the Marine Fisheries since 1976. For the ones who struggle to carry on the generational tradition, it becomes more and more difficult, and less and less lucrative every year.<br />
There are hundreds of square miles of water that make up the Pamlico Sound, but it is almost impossible to keep a sufficient ferry channel open between Hatteras Island and Ocracoke because of all the environmental hype and seasonal regulations restricting pipeline dredging, out of fear of disturbing some eel grass, a fish, or a bird. The channel that connects the two islands serves not only as the lifeline, but is also the evacuation route for the residents of Ocracoke Island during hurricane season. Within the past couple of years a million and a half dollars have been spent trying to quick fix the problem utilizing the Army Corps of Engineers sidecaster dredge. The results of that in Hatteras Inlet can best be summed up in a quote by Albert Einstein. "To keep doing the same failed thing over and over again, expecting a different result, is insanity."<br />
To say that we are being systematically stripped of our right to life, liberty, and the pursuit of happiness, is not exaggeration or melodrama. The Department of the Interior took eighty five per cent of our island from our grandparents and great grandparents when they turned it into a "national seashore." Agreements and promises that were made to local islanders back then, that life would continue on just as it always had, were excepted by the people, and were honored by the DOI for decades, and we shared our beautiful island and beaches with people from all over the country and around the world. But today those promises and agreements are as uncertain as the wind, and the National Park Service is once more taking our land from us by denying access to many areas of our beaches, and charging outrageous amounts of money for permits to access other areas. They have destroyed the beauty of our beaches and the shoreline on the Pamlico side of the island with their thousands of signs and sticks and ribboned strings. And local merchants and businesses have suffered tremendous financial loss as a result of the things that are being imposed upon them. Conservation and preservation have become perverted and lost in the money game created by special interest groups keeping our courts tied up with lawsuits involving any and every absurd thing imaginable, and are probably one of the main contributors to slow job growth and loss of jobs.<br />
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The NPS has tried to establish as factual, that the Piping Plover is indigenous to Hatteras Island, and because of their small numbers, are somehow subject to extinction, neither of which is true. Piping Plovers thrive where they "are" indigenous. The NPS has used this rhetoric to strengthen their agenda of closing down access to our public beaches by creating a make believe crisis to the eco system. The only crisis to the eco system on Hatteras Island is being perpetrated by the NPS, not the residents or visiting public. Within just a two year period (2010,2011) the NPS set 19,025 traps, resulting in 857 species trapped, 102 of which were cats. Among other species that were trapped and killed were raccoons, opossums, minks, nutria, coyotes, red fox, and gray fox.....all for a bird that is not indigenous to the island. It is tragic that this is permitted in modern society. If the Park Service wants to increase the population of the Piping Plover, wisdom would dictate, and the humane solution to the problem would be to trap the Piping Plover and raise them and release them back into the wild, "not" kill hundreds and hundreds of our precious wildlife animals. This island "still" belongs to "we the people"! Portsmouth Island used to be the hub among this little chain of islands known as the Outer Banks. Today it is a bird sanctuary for the NPS. That will never to happen to us!<br /> The following is from a 1998 copyrighted Bantam book entitled, The Declaration of Independence and The Constitution of the United States:<br />
On June 8, 1789, Madison moved in the first federal Congress that "a declaration" be "prefixed to the constitution." That "prefix" which seems to have constituted what Madison called a "bill of rights," would say.....That all power is originally vested in, and consequently derived from the people. That Government is instituted, and ought to be exercised for the benefit of the people; which consists in the enjoyment of life and liberty, with the right of acquiring and using property, and generally of pursuing and obtaining happiness and safety. That the people have an indubitable, unalienable, and indefeasible right to reform or change their government, whenever it be found adverse or inadequate to the purposes of the institution.<br />
The residents of Hatteras Island request that action be taken to address the Department of the Interior, and to establish some degree of control over the NPS, the Marine Fisheries, and the myriad of special interest groups that are destroying our way of life here in North Carolina.<br />
<br />
Malcolm W. Peele<br />
<br />Wheathttp://www.blogger.com/profile/06985997394412790634noreply@blogger.com3tag:blogger.com,1999:blog-5430376008625901414.post-35989692824785433282012-05-11T13:36:00.000-04:002012-05-11T20:47:37.034-04:00Nothing Like Misinformation And A Slap In The FaceI was alerted to an article in the Huffington Post about the bills we have in congress. Here is the article as well as my response. I dont know if it will be published but I'm putting it out here anyway.<br />
And I cant post it all at once..this could take a whilr.<br />
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<a href="http://www.huffingtonpost.com/edward-flattau/national-parks-rational-a_b_1507280.html?show_comment_id=153851117#postComment">http://www.huffingtonpost.com/edward-flattau/national-parks-rational-a_b_1507280.html?show_comment_id=153851117#postComment</a><br />
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I am always astounded when I read articles such as this one concerning Cape Hatteras National Seashore Recreational Area. And in this case, I read what appears to be a boilerplate opinion of an individual who is very unfamiliar with not only the history of the Seashore but the issues that plague those that call this place home as well as visitors from all over this nation. I cannot speak about Biscayne Bay as I am unfamiliar with the issues there. Hatteras, on the other hand, is something I am intimately familiar with having spent almost a decade learning the facts about this remarkable Seashore. Mr Flattau, your assertion that access to our beaches has caused harm to the environment cannot be substantiated by the National park Service or anyone else either. There is no evidence extant that suggests that we have caused harm to this resource. There is a wealth of speculation and hundreds of statements about "could have, may have, possibly, perhaps, might," etc.. but no sound or peer reviewed science that shows that we are causing harm to this area. I defy you to prove me wrong. <br />
Incidentally, there are no endangered birds nesting here.The closest you get is a minuscule segment of the Atlantic coast population of Piping Plovers, (charadrius melodus) which is listed as "least threatened". On average, only ten pair of these birds nest at the Seashore per year and each nest fledged about 1.3 chicks. The amount of beach closed for these chicks is astounding. And it is having an incredible impact on our economy as well as ruining the vacations of many visitors. Not once, not once!, in the history of the Seashore, has a plover been killed by human activity related to visitation or vehicular access to our beaches. This being true in spite of the fact that up until 4 years ago, these beaches were open 24/7, 365 days a year. That is the historical record as documented by NPS. <br />
Plover chicks are about the size of a ping pong ball. But as mentioned before, the closures around these birds, the beaches that become inaccessible, are immense. Each chick now receives a 1000 meter buffer around them. This translates to a buffer of 2000 meters or 1.2 miles in diameter. This also equates to 776.285 acres, 751.4 football fields, or 33,815,000 square feet, per bird. It would take 31.5 of the Cape Hatteras Lighthouses to cross this buffer or 4.5 Empire State Buildings. With a slight adjustment on the Southern end of the village of Ocracoke, also surrounded by the Seashore, the entire village could be placed in one of these closures with room to spare. These are the largest closures of their kind in the entire country and are unwarranted and unsupported by sound, peer reviewed science.<br />
Your claim that only 10% of the visitors to the Seashore come to drive on the beach is also false. NPS has no way of tracking visitors to the Seashore to begin with. They used to have a traffic counter at the entrance to the Seashore at Whalebone Junction which is at the Southern end of Nags Head. It recorded every vehicle that passed by it including, EMS, police, NPS, the milk truck, the ice trucks, NCDOT, and a host of other persons. NPS considers anyone, including the residents of the eight villages surrounded by the Seashore to be a visitor even though many of those people will never venture to the beach. Some of these people come from families that have lived on these islands since before this nation was born. As part of the requirement to follow the stipulations of the National Environmental Policy Act, NPS was required to do an economic impact study which would naturally include a visitor use study as well. To do this, NPS hired the Research Triangle Institute out of Raleigh, NC. The study they produced has been deemed flawed and incomplete by both RTI and NPS. Therefore, quoting numbers from that study, though NPS uses them none the less, produces nothing but error and bad information.<br />
To suggest that the various merchants and service providers move somewhere else is an insult. About 99% of the businesses here on the islands are "mom and pop" shops and don't exist "next" to the Seashore but are surrounded by it. In fact, there are businesses extant that predate the establishment of the Seashore in 1952.<br />
This area was mandated by Congress as a recreational area in 1937 and NPS was told to develop it for such uses as needed. (16 USC 459 Sec. 4). In 1940, it was given its formal name, Cape Hatteras National Seashore Recreational Area and was set aside and dedicated "for the enjoyment and benefit of the American people". It's rather difficult to enjoy a place you can't get to.<br />
The bills in congress, H.R.4094 and S. 2372 are intended to restore reasonable access to the Seashore while affording protection to wildlife and the resource, nothing more, nothing less.<br />
If there was one thing I could ask, Mr. Flattau, if in the future, you chose to write about the Seashore, would you please contact someone that actually knows whats happening here?<br />
I'm going to post my response to your article in my blog <a href="http://www.wheatseyeonhatterasisland.blogspot.com/">www.wheatseyeonhatterasisland.blogspot.com</a> as well as a link to your article so that folks can have a look.<br />
WheatWheathttp://www.blogger.com/profile/06985997394412790634noreply@blogger.com3tag:blogger.com,1999:blog-5430376008625901414.post-16831040282403557412012-05-06T13:18:00.000-04:002012-05-06T14:01:29.080-04:00Of Space In Feet And Meters.Yesterday began with going out to the Fessenden Center ball field to help set up for the music festival to benefit OBPA which turned out great. We even had a visit from NPS, a photo of which should show up on the OBPA facebook page, hopefully today. All of the music was really good, as was the food, and lots of vendors showed up in support of the event. I can say that everyone I saw was having a great time.<br />
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After setting up the tents, a few of us went over to the meeting of the United Mobile Access Preservation Alliance (UMAPA) held at the Anglers Club in Buxton, a group that has been very generous in their support of the CHAPA legal fund and lawsuit.<br />
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We ended up taking a break after having spent quite a bit of time discussing the issues here at Cape Hatteras National Seashore Recreational Area. I was headed home but ended up in a conversation about buffers, bird and turtle numbers and the like for a while as we stood outside. <br />
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A point was made that it's extremely difficult to put these buffer sizes in prospective in terms of something that most of us can easily imagine. The more I thought about it, the more it bothered me. The question became how does one translate a 1000 meter buffer into real and understandable terms.<br />
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Of course, you first have to understand that the 1000 meter distance is in all directions. You may remember from geometry class that this is called a radius. But it's the diameter that I'm trying to work with here, so the number we have to work with is 2000 meters.<br />
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Since most of us didn't grow up with the metric system, it can be a bit tough to imagine just how big an area this really is; set aside for a bird the size of a ping pong ball.<br />
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So just how big is this area? Well a 2000 meter wide circle is just over 1.2 miles in diameter or 6,561.6798 feet if your doing the math. Or 33,815,000 square feet if you prefer. And translated to acres, 776.285 is the number. If you prefer football fields, you're working with an area that would cover slightly more than 751 of them. All for a ping pong ball on toothpicks whose parents never feed or care for after they hatch.<br />
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One prospective I've always used is a Regan class aircraft carrier. This is the largest warship in the world with the capability of handling a multitude of aircraft taking off and landing simultaneously. It has a crew greater in number than the entire permanent resident population of Hatteras and Ocracoke combined and a flight deck that is only 4.5 acres. My guess is that you could park every carrier in the Atlantic fleet inside a plover closure and still have room for destroyers, submarines, cruisers, some tugs etc..<br />
<br />Those numbers are still incredibly difficult to fathom and I suppose that unless it was your job to deal with distance and area of this magnitude, it would be nearly impossible to relate to.<br />
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So the quest became, try and find something that we can all try and deal with. I have probably failed since I'm having a tough time imagining this myself. But I'll give it a shot anyway.<br />
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Most everybody that has visited the Seashore has either seen or climbed the Hatteras Lighthouse at one point or another. So at least that gives us common ground.<br />
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Now we've all seen the thing, we all have pictures, but I'm going to throw a couple in here for the sake of prospective. The first one is of the lighthouse is somewhat close. At 208 feet tall, it can be difficult to get the entire thing in a frame.<br />
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The next one is taken by Ramp 43 which shows the lighthouse at about .98 miles away.<br />
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So, even now, I still haven't reached the outside edge of the plover closure. I'd have to venture to the exit of Ramp 44 to do that. But I'm still trying to put this in real, understandable terms. I doubt I can.<br />
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The reality is, as amazing and hard to comprehend as it can be, becomes that in order to equate the diameter of the area set aside for our friends, the ping pong balls, you would have to lay 31and a half lighthouses, end to end to cross that space or slightly more than four and a half Empire State Buildings.<br />
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I know, it's still hard to imagine, but I tried.<br />
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This is why it's so important to call and write your members of the House and Senate an push for the passage of the bills that have been introduced. It's the squeaky wheel that gets the grease folks. If you want reasonable access to our Seashore, now it's your turn to help. The access organizations are doing all we can do, but without your participation, this will die in congress. The dark side is pushing hard to get these bills killed in committee, we need to push back, and hard. Tell your friends and family as well. Don't be afraid to ask them to help. It's going to take all of us.<br />
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Information on who to contact and details about what's happening here can be found here as well as:<br />
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<a href="http://www.obpa.org/">www.obpa.org</a><br />
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<a href="http://www.ncbba.org/">www.ncbba.org</a><br />
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<a href="http://www.islandfreepress.org/">www.islandfreepress.org</a><br />
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This is the time for us to make a difference. Dinner is ready to go in the oven and it's up to all of us to cook it. Money and participation are the two things we need to open these beaches back up for the American people. I hope you'll join us in this fight.<br />
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Tight Lines,<br />
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Wheat<br />
<br />Wheathttp://www.blogger.com/profile/06985997394412790634noreply@blogger.com0tag:blogger.com,1999:blog-5430376008625901414.post-77940972454003716512012-05-03T15:25:00.000-04:002012-05-03T15:25:38.846-04:00The Curious Case Of The Piping Plover.I chose the name of this post based upon an article on the website boston.com which discusses plover nesting and fledgling success rates which is at least, a very interesting read. It seems that even, at least in some cases even Audubon is beginning to question their espoused management advice and is wondering why our beloved ploover (Canadian pronunciation) is doing well in areas where people abound and are not regulated by the sort of draconian restrictions placed upon our beaches here on Hatteras ans Ocracoke Islands. The plover is, after all, the only federally protected bird species on the islands but apparently they sometimes do well around people, contrary to the mania that has been thrust upon us by Audubon, DOW, their lawyers from SELC, and of course, the Park Service. The article can be read here:<br /> <a href="http://articles.boston.com/2011-08-14/lifestyle/29887156_1_pairs-of-piping-plovers-beaches-chicks">http://articles.boston.com/2011-08-14/lifestyle/29887156_1_pairs-of-piping-plovers-beaches-chicks</a><br />
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The impetus for this post, however, is this years record of ploover (rhymes with hoover like the vacuum) nesting.<br /><br />Since the advent of the Decree of Forced Consent, in fact just weeks after it went into effect, the environmental groups and NPS were claiming great improvements in nesting and whatnot. Since these massive closures went into effect, numbers have fluctuated year in and year out as they always have.<br />
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Last year they were at it again, falling all over themselves about 18 ploover nests when in fact there were only 12 pair of birds. Yes folks, six nests were lost. None of which can be attributed to human activity except perhaps NPS which I'm sure they will never admit to; being the saviors of the islands and wildlife. Excepting of course, the thousands of animals they have slaughtered in the name of wildlife protection; the incredible paradox of species management.<br />
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I got a phone call from a friend last Saturday when NPS was conducting a re-enactment of sorts by the Lighthouse that involved the firing of a field piece, aka cannon. I could hear it from where I live in spite of what I recall, were NW winds. Now having been a reenactor this came as no surprise and I recognized the sound for what it was from the beginning. During the conversation I was told that every time the gun went off, the birds on the beach left the ground in panic, including the ploovers. What I was also told, was that when the ploovers left their nests, gulls, crows, and cetera were trying to get to their eggs.<br />
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Well guess what, sometime between last Thursday and today, NPS managed to lose an entire plover nest at Cape Point. Coincidence? <br /><br />So now, all of these massive closures of the beaches we own are being shut down by a whopping five ploover nests and this late in the season, it's not likely that there will be more. Even if the pair that lost their nest returns, we've still, at this point, only got half the ploovers here we had last year.<br />
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My question is what will be the spin this time? Cant blame it on vehicular access or pedestrians. We haven't had any storms to speak of, and it's been warm. So then, what is the issue since we've eliminated visitor access? I doubt I'll ever get an answer but they can't blame it on you and me.<br />
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Things are getting interesting folks and will likely continue to do so. These absurd closures and the way they are ruining vacations and this economy for no valid reason need pointed out to our elected representatives. Please write, email and call them to let them know the facts about whats happening here. Dont forget, OBPA is also on facebook as "Outer Banks Preservation Association"<br />
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<a href="http://www.obpa.org/">www.obpa.org</a><br />
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<a href="http://www.ncbba.org/">www.ncbba.org</a><br />
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<a href="http://www.islandfreepress.org/">www.islandfreepress.org</a><br />
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The facts and history are all there.<br />
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Tight Lines,<br />
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Wheat<br />Wheathttp://www.blogger.com/profile/06985997394412790634noreply@blogger.com2tag:blogger.com,1999:blog-5430376008625901414.post-35677552017850107322012-04-28T14:31:00.000-04:002012-04-28T14:31:09.557-04:00If anything can be said about the last few weeks, it would be that the issue of beach access has been heating up, and quickly. From the fundraisers OBPA has held to the NPS response to our lawsuit to congressional hearings and the introduction of a Senate bill by Senators Burr and Hagan, it's been hard to keep up with. And it appears that the media has been catching on to how unfair the issues that plague our lives and those that visit these islands have become. In fact, so much has happened so quickly, I don't know where to begin.<br />
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So I suppose I'll start with living in the Land of No. As many of you probably know, the now infamous sign proclaiming that you had to walk in the water and leave no footprints behind has been replaced by NPS after a great deal of public outcry and the help and support of congressman Walter B. Jones. The new sign is interesting as it calls into question just where the NPS property line ends relative to the water. For years we've been told that it was at the mean low water mark which is undefinable as tide lines change daily. But recent conversations I've had with commercial fisherman, members of the Coast Guard and others indicate that it's actually the high tide line, not the low. The new sign seems to confirm this. An inquiry to the State of North Carolina is underway and hopefully we will have an answer soon.<br />
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They still say no, no, no, and are really ticking a lot of people off. Already about 72% of our ~73 miles of beach are closed.<br />
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We've had a couple fundraisers which have helped fund our lawsuit against NPS. Federal level attorneys don't come cheap so every penny helps. The Frisco Jubilee was at the Cape Hatteras Anglers club and Coast2Coast radio and the Joe Vex Band made the trip down from Fredericksburg Va. to do a show at Hurricane Heathers in Buxton. An event with fine music and great company for the cause. Kim Mosher donated and signed some posters which definitely helped fund the fight. It was a good time and Heather said she wants to do it again. Maybe we can get Rick Hines to bring down the Whiskey Hill BBQ team to help us out. He's just had an invite to the Governors Mansion in Richmond to participate in an event. His brother David made it to Heathers and is an avid access supporter as well.<br />
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Geoff Leach of Coast2Coast takes a break and a picture of Heather hard at work. Friends, if you want some awesome food and excellent service, please take the time to stop in and say hello, you wont regret it!<br />
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Pictured also is Jim Keene who has been instrumental in our fight for access for years.<br />
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Of course, since I last wrote, NPS finally responded to our lawsuit with about the closest thing to a non-response as you could hope to present and actually still manage to call it a response. They have until the 24th of may to meet and confer with the court and until the 31st to submit a report addressing the complaints included in the lawsuit.<br />
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In addition, yesterday, OBPA President, John Couch and Dare County Commissioner Warren Judge as well as Rep. Walter Jones testified before the House Natural Resources Committee about H.R. 4094 and did an outstanding job of representing all of us that deserve to have this draconian "final rule" overturned. In addition, on Thursday, Senators Burr and Hagan of North Carolina submitted a companion bill which is S.2372; again attempting to return management of the Seashore to the interim management strategy published and vetted in 2007.<br />
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Irene Nolan wrote a great article about the testimony yesterday in her blog which is found at:<br />
<a href="http://islandfreepress.org/PivotBlog/?e=191#body-anchor">http://islandfreepress.org/PivotBlog/?e=191#body-anchor</a><br />
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And information on the hearings, the lawsuit and so much more can be found at <a href="http://www.obpa.org/">www.obpa.org</a><br />
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Of course, Audubon and company have just about messed their pants over all of this and put out a press release that was astounding. Verbatim with the link: <a href="http://nc.audubon.org/hagan-and-burr-run-over-sea-turtles-rare-birds-pedestrians-and-tourism-unleash-road-vehicles-cape-ha">http://nc.audubon.org/hagan-and-burr-run-over-sea-turtles-rare-birds-pedestrians-and-tourism-unleash-road-vehicles-cape-ha</a><br />
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So lets have some fun with this..my comments in red.<br />
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<h1 class="title">
Hagan and Burr run over sea turtles, rare birds, pedestrians, and tourism to unleash off-road vehicles in Cape Hatteras National Seashore</h1>
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<span style="color: red;">This is tantamount to slander..literary license aside..and how did somebody get so close to this bird without causing a disturbance? I guess if you're a member of Audubon, you can walk all over nests while we aren't allowed anywhere near them. And was this taken at Hatteras?</span></div>
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<a class="imagefield imagefield-lightbox2 imagefield-lightbox2-node_standard imagefield-field_photo imagecache imagecache-field_photo imagecache-node_standard imagecache-field_photo-node_standard lightbox-processed" href="http://nc.audubon.org/sites/default/files/photos/common_tern_chick.jpg" rel="lightbox[field_photo][Common Tern chick]"><img alt="Common Tern chick" height="188" src="http://nc.audubon.org/sites/default/files/imagecache/node_standard/photos/common_tern_chick.jpg" title="" width="250" /></a><div class="credit">
Lindsay Addison</div>
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New legislation threatens nesting birds at Cape Hatteras.</div>
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<!--/node-content-inset--><strong>Press Statement from Audubon North Carolina, Defenders of Wildlife, and the Southern Environmental Law Center</strong><br />April 27, 2012, CHAPEL HILL, N.C.— Late yesterday U.S. Senators Hagan (D-NC) and Burr (R-NC) introduced a bill to overturn the National Park Service plan to manage beach driving within Cape Hatteras National Seashore. The following is a statement from National Audubon Society, Defenders of Wildlife, and the Southern Environmental Law Center:<br />
"We can't be more disappointed in Senators Hagan and Burr's complete disregard of facts, sound science, federal laws, and years of public participation and constituents' comments by introducing a bill to overturn the National Park Service plan to manage driving on the beaches at Cape Hatteras National Seashore.<br />
<span style="color: red;">What facts? This is something that you Audubon folks lack in amazing quantity. Speculation does not count as fact, nor does supposition which comprises nearly 100% of your so called science. Could have, may have, might have, possibly, perhaps, etc, constitute the beginning of the scientific process, the beginning of hypothetical analysis but not defined, sound, peer reviewed science which, coincidentally, is required by law before decisions about public resources are made.</span><br />
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"In the four years under temporary safeguards and ORV restrictions to manage beach driving until this plan was adopted, visitation to the seashore and tourism revenue increased and nesting birds and sea turtles began to recover from significant losses.<br />
<span style="color: red;">This is an outright lie. Visitation to Northern Dare County may have increased, but visitation on Hatteras and Ocracoke have dropped through the floor. Nesting birds have not increased though the number of bird nests might have but that is simply a matter of how NPS tabulates the numbers. If 100 pair of terns nested today, NPS would count 100 nests. If the nests were wiped out by a wave and the birds re-nested, we would still have only 100 nests but the official count would be 200. You know that just as well as I do. You chose to twist the truth, I prefer the truth. And just what significant losses of sea turtles do you refer to? That statement is beyond ambiguous. If you're talking about losses at the Seashore, well let's see..on average NPS looses 37% of the nests per year. In 2010 when you were claiming that your beloved consent decree restrictions caused an increase in nesting, you forgot to mention two important facts. The first being that virtually the entire east coast had a record nesting season that year and that in spite of your lovely closures and the economic impact that it had on our economy, NPS still managed to lose almost 50% of the nests. Not because of ORV use but because of piss poor management, storms and predation.</span><br />
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"A vast majority of over 21,000 citizens who commented on the National Park Service rule supported restrictions on beach driving to protect wildlife and provide safe areas for visitors and families to walk on the beach. It's difficult to understand why Senators Hagan and Burr would allow the small percentage of seashore visitors who drive on beaches to dictate the management of a national resource that belongs to all Americans.<br />
<span style="color: red;">What a joke. The comments received were from action alerts sent out by your consortium of environmental groups the vast majority which failed to comply with the NPS stipulated requirements of a proper address and did not include the "RIN" or rule identification number as required by the Service and clearly stipulated in the NPS press releases. </span><br />
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"The Senators' "beach roadkill" bill introduced April 26th seeks to overturn safeguards by the National Park Service that ensure responsible vehicle operations in the presence of nesting sea turtles and birds, and pedestrians.<br />
<span style="color: red;">Twisting the truth again? Show me the record of harm to wildlife at the Seashore. Or I can save you the trouble and inform you that NPS records indicate that since 1952 less than 3% of all harm to wildlife can be attributed to visitor activity. That doesn't include the thousands of animals that NPS has killed during trapping or even banding of birds. And when you're done, show me the record of vehicle and pedestrian conflict. Good luck with that one as well.</span><br />
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"The new National Park Service rule still designates ORV use on the majority of the national seashore and keeps all of the seashore's beaches open to pedestrians. Twenty-eight of the seashore's 67 miles <span style="color: red;">(somehow we lost six miles of our islands)</span> are set aside as year-round ORV routes with only 26 miles designated as year-round vehicle-free areas for pedestrians, families, and wildlife. <span style="color: red;">(Really? So I can drive to Cape Point?)</span> The remaining 13 miles of seashore are seasonally open to ORVs, but reserved for pedestrians during the peak tourism seasons. While some small areas may be temporarily closed to allow birds and sea turtles to nest, <span style="color: red;">(Wait, didn't you just tell us it was open year round?)</span> the new plan also proposes new parking facilities, access ramps, and water shuttles to increase visitor access to Cape Hatteras National Seashore beaches."<br />
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<span style="color: red;">OK, so I am to understand that you advocate the destruction of primitive wilderness and potential nesting habitat to construct parking lots, access ramps for vehicles you DONT want on the beach and landing facilities in the sound for boats which will destroy marine habitat and inhibit the feeding and nesting patterns of birds, fish and invertebrates?</span><br />
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Background:<br />
• The long-awaited ORV management rule is the final step in a process agreed to by all parties—including Cape Hatteras Access Preservation Alliance and local counties—concerned about beach driving in the national seashore. <span style="color: red;">(False)</span> During an interim management period prior to the Park Service's January rulemaking, rare bird and sea turtle populations showed signs of recovery, <span style="color: red;">(recovery from WHAT? Mother Nature?)</span> park visitation held steady or increased annually, <span style="color: red;">(False)</span> and tourism remained strong in Dare County, NC, where much of the seashore is located, despite a nationwide recession. <span style="color: red;">(Only in upper Dare, not on Hatteras or Ocracoke..You're twisting the truth yet again)</span><br />• Tourism flourished in Dare County during the period when interim protections under a Consent Decree were in place. Rental occupancy receipts in Dare County increased by millions over the previous decade as recorded by the Outer Banks Visitors Bureau. <span style="color: red;">(Upper Dare, Not on Hatteras Island nor on Ocracoke which is in Hyde County) </span>Park visitation and gross occupancy in Dare County during peak breeding and nesting season under interim management held steady or increased compared to the three preceding years. (<span style="color: red;">This is false as NPS has no means of accurately measuring visitation to the Seashore and again you attempt to equate northern Dare with Hatteras and leave out Ocracoke) </span> According to a state report on tourism for 2009-2010, Dare County experienced an 8.8 percent growth in tourism—placing it among the top growth counties in the state during a recession. The county's strong tourism industry employed 11,260 people with $172 million in payroll and generated $44.55 million in tax receipts for the state and $39.78 million in local tax receipts. <span style="color: red;">( just a repeat of the same rhetoric and misleading information)</span><br />• As a unit of the National Park System, Cape Hatteras National Seashore has been required under federal law since 1972 <span style="color: red;">(executive orders are not federal law.) </span> to establish guidelines that to manage off-road vehicles in such a way to minimize harm to the wildlife and other natural resources of the seashore in accordance with the best available science, <span style="color: red;">(well it's comforting to see you have a sense of humor and next you'll be telling us that Elvis is alive and lives on your block.)</span> to minimize conflicts with other, non-vehicle-based uses of the seashore, and to preserve the seashore for present and future generations. <span style="color: red;">( And the purpose of preserving it for future generations of people that wont be allowed on our beaches if you get your way, is?)</span> After decades of non-compliance, the new rules bring the NPS into compliance with that requirement.<br />
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As you can see folks..these people are more full of shit than a Porto-potty in the food court at the State Fair. They would all do well to write for the National Enquirer or some other tabloid though they might have to take a pay cut.<br />
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In the mean time, as I prepare to end my rant, If you didn't see the hearing yesterday, go have a look. It was fun to watch. I hope the senate hearings are as entertaining. <br />
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Many thanks to all the folks that have worked so hard to help write these congressional bills which took a lot out of all of us as did the lawsuit. The fight has just begun my friends and we need all the support we can get. <br />
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A great shout out to Ken Cooper, Kim Mosher, Pat Weston, Heather, without whom the last fundraiser would not have been possible, the folks that manned the OBPA table, Joe Bayliss, Geoff Leach and the folks from C2C Radio as well as Hatteras Realty who set these folks up with a place to stay. <br />
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Don't forget we're doing it again, May 5th at the Fessenden Center in Buxton..music from 2pm till midnight to benefit OBPA.<br />
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Tight Lines,<br />
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Wheat<br />
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</div>Wheathttp://www.blogger.com/profile/06985997394412790634noreply@blogger.com0tag:blogger.com,1999:blog-5430376008625901414.post-57595737912474094982012-03-31T15:09:00.000-04:002012-03-31T15:09:09.226-04:00Living In The Land Of No!It seems that Cape Hatteras National Seashore Recreational Area has gone from being one of the most awesome beaches on the east coast to the Land of No. So much, in fact that I propose that NPS renames the Seashore to Cape Hatteras National No!<br />
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Today I was alerted to a post by the infamous Ted Williams who wrote the rather nasty "Beach Bums" article about the visitors to, and residents of the Seashore which was filled with general accusations, various other somewhat slanderous statements and skewed data which angered many of us and resulted in a tremendous uproar across the Internet.<br />
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Mr Williams has apparently had a full dose of the Audubon kool-aid and has attacked us again by publishing an Audubon press release. As it's his blog, he is responsible for it's content and accuracy.<br />
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So I'll welcome you to the Land of NO with this picture though it goes well beyond this. Already NPS has posted miles of signs and string. Strangely, the PVC posts that they installed all over the place last fall are now missing which leads me to the conclusion that NPS already knew what sections of the Seashore they were going to close, denying all access, even before this season began.The prospective gets worse when you begin to realize that WE had to pay for these markers to be installed TWICE as it is obvious that the PVC was placed only to facilitate the placement of the bird use areas, then removed, and probably thrown away like the 4500 signs were after the 2010 nesting season.<br />
<div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgdZb9Q4Pre2-ZbFeTsaStJuLFGJed-DZ-5pU7XbJlAMI99VGVm1ApX-IQntPcRctorj_RevWCkptlyUjCkpdNJDKuw5uB6UoDXohpQHVIBwaAI_noTAA2yOBpJPyKhm8-Yu-OqUmznm0o/s1600/The+land+of+NO+004.JPG" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="300" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgdZb9Q4Pre2-ZbFeTsaStJuLFGJed-DZ-5pU7XbJlAMI99VGVm1ApX-IQntPcRctorj_RevWCkptlyUjCkpdNJDKuw5uB6UoDXohpQHVIBwaAI_noTAA2yOBpJPyKhm8-Yu-OqUmznm0o/s400/The+land+of+NO+004.JPG" width="400" /></a></div><br />
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The nails, are presumably, to prevent this guy from having a decent meal.<br />
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<div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjo7QtUzYPIMCVCb2GggLsP0E8aXvF2lx7Q6MZoYEyEAalfdSTBsbY0SqUCrkqTVqSrgczGF7E6S-LIO-hfY34aZOwTY_OS3-6BwKSNEmHpy3IGJHX1RikE8H14RqjIdiMu25iYqQ2Id44/s1600/306179_409514612395425_100000106684857_1805412_419224159_n.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="400" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjo7QtUzYPIMCVCb2GggLsP0E8aXvF2lx7Q6MZoYEyEAalfdSTBsbY0SqUCrkqTVqSrgczGF7E6S-LIO-hfY34aZOwTY_OS3-6BwKSNEmHpy3IGJHX1RikE8H14RqjIdiMu25iYqQ2Id44/s400/306179_409514612395425_100000106684857_1805412_419224159_n.jpg" width="383" /></a></div><br />
Nothing like giving wildlife a hand, right? Oh that's right, I forgot. It's NPS policy to kill thousands of animals to protect a few. including turtles who I seriously doubt could out run a Plover, Tern, Cyndy Holda, or even a dead chicken.<br />
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So anyway, the infamous Mr, Williams posted a plea for help on his blog. And this was my response.I tried to publish it but apparently Ted has no taste for reality when it comes to issues related to the Seashore as of my last attempt, I was unable to put it out for his readers to see. He was made aware that it would be put out here. So without further ado,<br />
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<div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">3/31/2012</span></div><br />
<div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">Mr. Williams,</span></div><br />
<div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">I write in reply to this article as it was brought to my attention by a friend, who like myself, cares a great deal about Cape Hatteras National Seashore Recreational Area, its purpose, it’s wildlife and access to this area.</span></div><br />
<div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">I realize that you aren’t the author but you did choose to repost it and share it with your community. This includes, of course, your choice to submit your “Beach Bums” article from years ago. As such, you are in effect, responsible for the content and that is what I choose to take to task this day.</span></div><br />
<div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">I wonder though, will you allow it to be published and remain for all to see? I would hope so as to delete what follows would undermine your integrity to a great extent.</span></div><br />
<div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">As a writer, you are, of course always able to express your opinions as do I. But each of us has a responsibility to strike a balance between opinion and fact rather than to distort reality in favor of an opinion. </span></div><br />
<div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">I am one of your so called “Beach Bums”. In fact, I live within sight of the Cape Hatteras Lighthouse and can see it from where I sit this moment. I am also part of a community that is proud that our beaches have been rated within the top ten in the nation for years on end and are consistently described as pristine; in spite of your claims made years ago. In fact, as a community, we are also very proud that our beaches are user maintained and that to this day, the National Park Service has no need for a crew to clean this Seashore, unlike a host of other areas in this country. In fact, many areas that are heavily populated by Piping Plovers, mechanical devices similar to combines are used to remove garbage left behind. Not here on Hatteras or Ocracoke, because there is no need.</span></div><br />
<div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">So, let’s get into the “meat” of the issue and discuss some facts. Again I realize that you didn’t write the article you posted, (excepting “Beach Bums” so please don’t take this personally.</span></div><br />
<div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">In 2007, a container holding perhaps thousands of ceiling fans fell of a ship and the some thousands of cubic yards of styrofoam washed up on the beaches of Hatteras Island, predominantly around Cape Point. NPS came to local businesses asking for help to clean it up because of course, they don’t have a beach cleaning crew. Nor in fact, did any NPS employees engage in an attempt to rid the beaches of this incredible mass of trash. It was however, cleaned up by the “Beach Bums” within a day. Did the Audubon Society offer to help, DOW, or SELC?. No. <span style="mso-spacerun: yes;"> </span>That’s ok, we “Beach Bums” didn’t need to be asked or need the help anyway. It’s what we do all the time.</span></div><br />
<div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">So let’s go to the article you posted and have a hard look…something that the government is required to do as they begin to make policy decisions. It’s part of the “hard look” doctrine and official U.S. government policy as part of the National Environmental Policy Act (NEPA).</span></div><br />
<div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">First of all, Cape Hatteras National Seashore Recreational Area is not a “park”.<span style="mso-spacerun: yes;"> </span>Though there are plenty of “parks” managed by the NPS, this isn’t one of them. There are many distinctions involving areas managed by NPS, with many titles and various purposes which can generally be located within “The Organic Act”. Do the research.</span></div><br />
<div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">Secondly, the claim that federal law has mandated a driving regulation at the Seashore is false. Two executive orders were issued, one in ’72 (Nixon, 11644) and again in ’77 (Carter, 11989) which directed NPS to promulgate regulations for vehicle access to areas managed by NPS. To claim these are federal law is tantamount to proclaiming the President of the United States a King or dictator. This opinion has been upheld by the Supreme Court as the president has no constitutional authority to write law. That is a privilege granted only to congress.</span></div><br />
<div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">The claim that vehicular access to the beaches is harming nesting turtles, young turtles, nesting birds, chicks, etc is nothing short of disingenuous. Since 1952, when the Seashore was established, NPS records show that less than 3% of all harm to wildlife can be attributed to human activity and that 100% of all Piping Plover (charadrius melodus) mortality has been due to storms and/or predation.</span></div><br />
<div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">The sea turtle nesting information is misleading as well. Though DOW, Audubon, SELC, and the NPS want people to believe that the increased restrictions on driving and pedestrian use of our beaches is responsible for increased nesting, what they fail to tell you is that 2010 was a record nesting year for turtles throughout the eastern seaboard. What they fail to publish openly, is that because of NPS management policy, in an average year since 1979, 37% of all turtle nests on the Seashore are lost to storms and/or predation. Not one due to human activity. And 2010, “the record year” NPS lost 47% of all the nests and did manage to cripple the economy of Hatteras Island, hardly something to brag about.</span></div><br />
<div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">What they also fail to explain is that the increased numbers of turtle nests are the result of more female turtles finally maturing after some (according to turtle biologists) 25-30 years at sea. <span style="mso-spacerun: yes;"> </span>As they come back to the same beaches upon which they hatched, these turtles hatched on beaches that were well travelled by vehicles, and survived. Don’t forget to mention that there is no record of a hatchling ever having been run over in the entire 70 year history of the Seashore.</span></div><br />
<div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">The statement that vehicle use is allowed on most of the Seashore is also false as it does not include Pea Island, nor does it account for seasonal and resource closures which for the last four years have accounted for over 70% of our beaches being closed to all access at one time, and for months.</span></div><br />
<div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">The claim that the new NPS rule actually increases visitor access to the Seashore is an outright lie. You can’t shut people out of a significant portion of this area and claim you increased access. That would be tantamount to me taking all of the money out of your wallet and then claiming you still have more in there than I took. I live here; I see the empty motels and rental houses. I see the empty road. (we only really have one considering the average width of the islands is only 150 yards)</span></div><br />
<div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">It’s hard to believe that people actually believe these statements spewed forth by Audubon et.al. And it’s even more difficult to believe that people choose to take this tripe as gospel without ever bothering to check the facts.</span></div><br />
<div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">The people of these islands have weathered many a storm and we will make it through this one too with the taste of victory in our mouths if only because we have managed to restore responsible access to the Seashore directed by congress to be dedicated for recreational purpose.</span></div><br />
<div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">Though I have doubts as to whether you will let this post stay, for the record, it will be published on my blog. <span style="mso-spacerun: yes;"> </span></span><a href="http://www.wheatseyeonhatterasislandnc.blogspot.com/"><span style="color: blue; font-family: Calibri;">www.wheatseyeonhatterasislandnc.blogspot.com</span></a></div><br />
<div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">In the future, I hope you take the time to check your facts and put them into prospective.</span></div><br />
<div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">Sincerely,</span></div><br />
<div class="MsoNormal" style="margin: 0in 0in 10pt;"><span style="font-family: Calibri;">Wheat</span></div><br />
Ted's post can be found at:<br />
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<a href="http://www.flyrodreel.com/blogs/tedwilliams/2012/march/national-service-control-killing#comment-4047">http://www.flyrodreel.com/blogs/tedwilliams/2012/march/national-service-control-killing#comment-4047</a><br />
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Enjoy..<br />
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Tight Lines,<br />
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WheatWheathttp://www.blogger.com/profile/06985997394412790634noreply@blogger.com3tag:blogger.com,1999:blog-5430376008625901414.post-7568618406690176922012-03-17T16:09:00.000-04:002012-03-17T16:09:45.157-04:00Of Letters And Signs And TimesId like to start off by wishing everyone a Happy St. Patrick's Day. I hope you all have a wonderful and safe evening!<br />
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This has been a busy week for those of us involved in the issues of access and for that matter, egress to Hatteras Island.<br />
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We had a visit from Walter B. Jones earlier in the week where he had the opportunity to hear fist hand about the effects of the various actions and activities conducted by the National Park Service. Though not present, I was told that Rep. Jones was quite dismayed by what he heard.<br />
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Also we received news of yet another roadblock thrown at us by the USFWS in their now decades old attempt at preventing a replacement for the aged and ailing Bonner Bridge, our lifeline to the outside world. Part of their demands includes that North Carolina cede the ten acres of land at the old Coast Guard station, including the building itself, you see on the left as you come down the Hatteras Island side of the bridge.<br />
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What's astounding about this is that USFWS doesn't own the land upon which Pea Island National Wildlife Refuge exists. It belongs to NPS and is part of Cape Hatteras National Seashore Recreational Area. Therefore, USFWS has no claim and cant negotiate with what does not belong to them. The full story can be found here:<br />
<a href="http://islandfreepress.org/2012Archives/03.12.2012-USFWSSaysBridgeReplacementIsCompatibleWithConditions.html">http://islandfreepress.org/2012Archives/03.12.2012-USFWSSaysBridgeReplacementIsCompatibleWithConditions.html</a><br />
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In addition, the islands have again become a sea of signs compliments of NPS and ironically, the proponents of VFAs, or vehicle free areas are finding out that the prenesting closures that have recently been erected happen to coincide with their pedestrian only areas, effectively turning them into wildlife refuges. NPS in their propaganda supporting said areas, the VFAs, never bothered to tell the pedestrian folks that the areas set aside for their glorious experience was going to be shut down before nesting began and eliminating access for the majority of the year in many cases. The Park Service, in their attempt at spinning the truth about pedestrian corridors in front of nesting closures even invented a new sign which has caused quite an uproar on the internet these last days. Have a look!<br />
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<div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj8nmT-7e-VGr8fpkOlYjuxLpBGcjO9GpIc5o6KO7lpbP-vk9F3PH3i0UBR3oowxglE6qOkhI0VKLawsCaID0MDzAazdbHG6ZTy3uDP9gmOLCzJz_YnVL04KEBFXjgarCDemcq3o5LdMp0/s1600/Cape+Point+3.16.12+007.JPG" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="300" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj8nmT-7e-VGr8fpkOlYjuxLpBGcjO9GpIc5o6KO7lpbP-vk9F3PH3i0UBR3oowxglE6qOkhI0VKLawsCaID0MDzAazdbHG6ZTy3uDP9gmOLCzJz_YnVL04KEBFXjgarCDemcq3o5LdMp0/s400/Cape+Point+3.16.12+007.JPG" width="400" /></a></div><br />
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Walk in the water it says, leave no footprints behind. Well I guess that precludes anyone with difficulty walking from this chunk of beach. I wasn't aware that footprints deter bird nesting and I'm rather certain that the birds aren't either.<br />
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It is ok, if you work for the NPS, to leave tire tracks which wont wash away readily as the following photograph clearly shows.<br />
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<div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiegYtkS9y6RwrPI5M-7MMLt9JAxWcqsSYZYvy_ZtGfrOlaQfWBn4n8IcAAXBixLfgQRMjHe5y124M5y78W1pG7nHaD_zdxHSNv_wAUYjxtTv7WeziyCmvL25jfAzbMAkX2ltlFrDo43U4/s1600/Cape+Point+3.16.12+010.JPG" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="300" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiegYtkS9y6RwrPI5M-7MMLt9JAxWcqsSYZYvy_ZtGfrOlaQfWBn4n8IcAAXBixLfgQRMjHe5y124M5y78W1pG7nHaD_zdxHSNv_wAUYjxtTv7WeziyCmvL25jfAzbMAkX2ltlFrDo43U4/s400/Cape+Point+3.16.12+010.JPG" width="400" /></a></div><div class="separator" style="clear: both; text-align: center;"><br />
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</div>As you can see, not only are the tire tracks outside of the closure, they are inside as well which considering the rain we've had lately, are fresh tracks. A classic example of NPS hypocrisy.<br />
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In addition to this new effort to remove reasonable human access from the Seashore. NPS this week released its 2011 animal slaughter report which details their ongoing efforts to interfere with the balance of nature which by their own admission, they do with increased efficiency. That report can be found here:<br />
<a href="http://islandfreepress.org/PivotBlog/pivot/entry.php?id=185#body">http://islandfreepress.org/PivotBlog/pivot/entry.php?id=185#body</a><br />
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You may also wish to read the commentary of Dr. Mike Berry regarding the so called "science" utilized by NPS as they "manage" (what a joke") the Seashore. That can be found here:<br />
<a href="http://islandfreepress.org/2012Archives/03.14.2012-GuestColumnTheConsentDecreeAndTheAbsenceOfScience.html">http://islandfreepress.org/2012Archives/03.14.2012-GuestColumnTheConsentDecreeAndTheAbsenceOfScience.html</a><br />
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And lastly, I have been asked to help give an idea of what sort of letters can be written to members of Congress and to who to contact. <br />
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Last week CHAPA, the Cape Hatteras Access Preservation Alliance, a project of OBPA, the Outer Banks Preservation Association, which includes actually several different groups, meaning CHAPA, sent letters to congress asking for support of H.R. 4094. The bill, introduced by Walter B. Jones, has been assigned to two congressional committees, the House Judiciary, and the House Natural Resources.<br />
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Included is a sample letter to the House Judiciary Committee which has been altered slightly so that you may use it as an example or alter and send it as written. These letters are an important part of what we must do in order to acquire support for H.R. 4094. In this case, you should send a letter to EACH of the members of the committee. Be sure to address them individually and provide your information at the end. The members of Judiciary may be found here:<br />
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<a href="http://judiciary.house.gov/about/members.html">http://judiciary.house.gov/about/members.html</a><br />
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I know it's work, but these people have to allow it to pass in committee before it can pass into law so please take the time to write them. Our access depends on it. Shortly I will post links for the House in general and the Natural Resources Committee as well.<br />
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So here is the letter. Please remember to change the address and date to each member!<br />
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<div class="MsoNormal" style="line-height: 99%; margin: 0in 12.3pt 0pt 6pt;"><span style="font-family: "Tahoma","sans-serif"; letter-spacing: 0.05pt; mso-fareast-font-family: Tahoma;">T</span><span style="font-family: "Tahoma","sans-serif"; letter-spacing: -0.05pt; mso-fareast-font-family: Tahoma;">h</span><span style="font-family: "Tahoma","sans-serif"; mso-fareast-font-family: Tahoma;">is<span style="letter-spacing: 0.05pt;"> </span>l<span style="letter-spacing: -0.05pt;">e</span>gisl<span style="letter-spacing: -0.05pt;">a</span><span style="letter-spacing: 0.05pt;">t</span><span style="letter-spacing: -0.15pt;">i</span>on is<span style="letter-spacing: 0.05pt;"> </span>i<span style="letter-spacing: -0.15pt;">m</span>por<span style="letter-spacing: -0.1pt;">t</span><span style="letter-spacing: -0.05pt;">an</span>t<span style="letter-spacing: 0.05pt;"> t</span>o<span style="letter-spacing: 0.05pt;"> </span><span style="letter-spacing: -0.05pt;">c</span>i<span style="letter-spacing: -0.1pt;">t</span>iz<span style="letter-spacing: -0.05pt;">en</span>s<span style="letter-spacing: 0.05pt;"> </span><span style="letter-spacing: -0.05pt;">ac</span>ross<span style="letter-spacing: 0.05pt;"> t</span><span style="letter-spacing: -0.05pt;">h</span>e<span style="letter-spacing: -0.15pt;"> </span>s<span style="letter-spacing: 0.05pt;">t</span><span style="letter-spacing: -0.05pt;">a</span><span style="letter-spacing: 0.05pt;">t</span>e of <span style="letter-spacing: -0.15pt;">N</span>or<span style="letter-spacing: 0.05pt;">t</span>h <span style="letter-spacing: -0.05pt;">Ca</span>roli<span style="letter-spacing: -0.05pt;">na</span>,<span style="letter-spacing: -0.2pt;"> </span><span style="letter-spacing: -0.05pt;">a</span>s<span style="letter-spacing: 0.05pt;"> </span><span style="letter-spacing: -0.05pt;">we</span>ll <span style="letter-spacing: -0.05pt;">a</span>s<span style="letter-spacing: 0.05pt;"> t</span>o<span style="letter-spacing: -0.1pt;"> </span><span style="letter-spacing: -0.05pt;">c</span>i<span style="letter-spacing: 0.05pt;">t</span>iz<span style="letter-spacing: -0.05pt;">en</span>s <span style="letter-spacing: -0.05pt;">f</span>rom <span style="letter-spacing: -0.05pt;">a</span>ll p<span style="letter-spacing: -0.05pt;">a</span>r<span style="letter-spacing: 0.05pt;">t</span>s<span style="letter-spacing: -0.1pt;"> </span>of <span style="letter-spacing: 0.05pt;">t</span><span style="letter-spacing: -0.05pt;">h</span>e <span style="letter-spacing: -0.05pt;">c</span>o<span style="letter-spacing: -0.15pt;">u</span><span style="letter-spacing: -0.05pt;">n</span><span style="letter-spacing: 0.05pt;">t</span>ry<span style="letter-spacing: 0.05pt;"> </span><span style="letter-spacing: -0.05pt;">wh</span>o<span style="letter-spacing: 0.05pt;"> </span>r<span style="letter-spacing: -0.05pt;">e</span>g<span style="letter-spacing: -0.05pt;">u</span>l<span style="letter-spacing: -0.05pt;">a</span>r<span style="letter-spacing: -0.15pt;">l</span>y<span style="letter-spacing: 0.05pt;"> </span>vis<span style="letter-spacing: -0.15pt;">i</span>t<span style="letter-spacing: 0.05pt;"> </span><span style="letter-spacing: -0.1pt;">t</span><span style="letter-spacing: -0.05pt;">h</span>e s<span style="letter-spacing: -0.05pt;">ea</span>s<span style="letter-spacing: -0.05pt;">h</span>ore s<span style="letter-spacing: -0.05pt;">ee</span>ki<span style="letter-spacing: -0.05pt;">n</span>g<span style="letter-spacing: 0.05pt;"> </span><span style="letter-spacing: -0.05pt;">a</span>n<span style="letter-spacing: -0.15pt;"> </span><span style="letter-spacing: -0.05pt;">aff</span>ord<span style="letter-spacing: -0.05pt;">a</span>bl<span style="letter-spacing: -0.05pt;">e</span>,<span style="letter-spacing: 0.05pt;"> </span><span style="letter-spacing: -0.05pt;">fam</span>il<span style="letter-spacing: 0.1pt;">y</span>- ori<span style="letter-spacing: -0.05pt;">en</span><span style="letter-spacing: 0.05pt;">t</span><span style="letter-spacing: -0.05pt;">e</span>d<span style="letter-spacing: 0.05pt;"> </span>b<span style="letter-spacing: -0.05pt;">eac</span>h v<span style="letter-spacing: -0.05pt;">aca</span><span style="letter-spacing: 0.05pt;">t</span>io<span style="letter-spacing: -0.05pt;">n</span>.<o:p></o:p></span></div><br />
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<div class="MsoNormal" style="line-height: normal; margin: 0in -1pt 0pt 6pt;"><span style="font-family: "Tahoma","sans-serif"; mso-fareast-font-family: Tahoma;">I <span style="letter-spacing: -0.05pt;">u</span>rge you<span style="letter-spacing: -0.15pt;"> </span><span style="letter-spacing: 0.05pt;">t</span>o<span style="letter-spacing: 0.05pt;"> </span><span style="letter-spacing: -0.1pt;">j</span>oin <span style="letter-spacing: -0.05pt;">C</span>o<span style="letter-spacing: -0.05pt;">n</span>gr<span style="letter-spacing: -0.15pt;">e</span>ss<span style="letter-spacing: -0.05pt;">ma</span>n <span style="letter-spacing: -0.05pt;">J</span>o<span style="letter-spacing: -0.05pt;">ne</span>s<span style="letter-spacing: 0.05pt;"> </span>in <span style="letter-spacing: 0.05pt;">t</span><span style="letter-spacing: -0.05pt;">h</span>is<span style="letter-spacing: 0.05pt;"> </span><span style="letter-spacing: -0.05pt;">eff</span>o<span style="letter-spacing: -0.15pt;">r</span>t<span style="letter-spacing: 0.05pt;"> </span>by<span style="letter-spacing: -0.05pt;"> </span>s<span style="letter-spacing: -0.05pt;">u</span>p<span style="letter-spacing: -0.1pt;">p</span>or<span style="letter-spacing: 0.05pt;">t</span>i<span style="letter-spacing: -0.05pt;">n</span>g<span style="letter-spacing: -0.1pt;"> </span><span style="letter-spacing: 0.05pt;">t</span><span style="letter-spacing: -0.05pt;">h</span>is<span style="letter-spacing: 0.05pt;"> </span>i<span style="letter-spacing: -0.15pt;">m</span>p<span style="letter-spacing: -0.1pt;">o</span>r<span style="letter-spacing: 0.05pt;">t</span><span style="letter-spacing: -0.05pt;">an</span>t<span style="letter-spacing: 0.05pt;"> </span>l<span style="letter-spacing: -0.05pt;">e</span>gisl<span style="letter-spacing: -0.05pt;">a</span><span style="letter-spacing: 0.05pt;">t</span><span style="letter-spacing: -0.15pt;">i</span>o<span style="letter-spacing: -0.05pt;">n</span>,<span style="letter-spacing: 0.05pt;"> </span>H.<span style="letter-spacing: -0.15pt;">R</span>. 4094, in your role on the House Judiciary Committee.<o:p></o:p></span></div><br />
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<div class="MsoNormal" style="line-height: normal; margin: 0in 2.45pt 0pt 6pt;"><span style="font-family: "Tahoma","sans-serif"; letter-spacing: 0.05pt; mso-fareast-font-family: Tahoma;">I also fully support the efforts of T</span><span style="font-family: "Tahoma","sans-serif"; letter-spacing: -0.05pt; mso-fareast-font-family: Tahoma;">h</span><span style="font-family: "Tahoma","sans-serif"; mso-fareast-font-family: Tahoma;">e <span style="letter-spacing: -0.05pt;">Ca</span>pe H<span style="letter-spacing: -0.05pt;">a</span><span style="letter-spacing: 0.05pt;">tt</span><span style="letter-spacing: -0.05pt;">e</span>r<span style="letter-spacing: -0.05pt;">a</span>s<span style="letter-spacing: 0.05pt;"> </span>A<span style="letter-spacing: -0.05pt;">cce</span><span style="letter-spacing: -0.1pt;">s</span>s<span style="letter-spacing: 0.05pt;"> P</span>r<span style="letter-spacing: -0.05pt;">e</span>s<span style="letter-spacing: -0.05pt;">e</span>rv<span style="letter-spacing: -0.05pt;">a</span><span style="letter-spacing: 0.05pt;">t</span>ion<span style="letter-spacing: -0.15pt;"> </span>Alli<span style="letter-spacing: -0.05pt;">anc</span>e <span style="letter-spacing: -0.05pt;">(C</span>HA<span style="letter-spacing: 0.05pt;">P</span>A), and ask that you support their efforts as they work to restore reasonable and responsible access to our National Seashore Recreational Area. CHAPA is<span style="letter-spacing: 0.05pt;"> </span>a<span style="letter-spacing: -0.1pt;"> </span>gr<span style="letter-spacing: -0.05pt;">a</span>ssro<span style="letter-spacing: -0.1pt;">o</span><span style="letter-spacing: 0.05pt;">t</span>s<span style="letter-spacing: 0.05pt;"> </span><span style="letter-spacing: -0.1pt;">p</span>roj<span style="letter-spacing: -0.05pt;">ec</span>t<span style="letter-spacing: 0.05pt;"> </span>i<span style="letter-spacing: -0.05pt;">n</span>i<span style="letter-spacing: 0.05pt;">t</span>i<span style="letter-spacing: -0.05pt;">a</span><span style="letter-spacing: 0.05pt;">t</span><span style="letter-spacing: -0.05pt;">e</span>d<span style="letter-spacing: -0.1pt;"> </span>by<span style="letter-spacing: -0.05pt;"> </span><span style="letter-spacing: 0.05pt;">t</span><span style="letter-spacing: -0.05pt;">h</span>e O<span style="letter-spacing: -0.05pt;">u</span><span style="letter-spacing: 0.05pt;">t</span><span style="letter-spacing: -0.05pt;">e</span>r B<span style="letter-spacing: -0.05pt;">an</span>ks<span style="letter-spacing: 0.05pt;"> P</span>r<span style="letter-spacing: -0.05pt;">e</span>s<span style="letter-spacing: -0.05pt;">e</span>rv<span style="letter-spacing: -0.05pt;">a</span><span style="letter-spacing: -0.1pt;">t</span>i<span style="letter-spacing: -0.1pt;">o</span>n Asso<span style="letter-spacing: -0.05pt;">c</span>i<span style="letter-spacing: -0.05pt;">a</span><span style="letter-spacing: 0.05pt;">t</span>ion <span style="letter-spacing: -0.05pt;">(</span>O<span style="letter-spacing: -0.15pt;">B</span><span style="letter-spacing: 0.05pt;">P</span>A) <span style="letter-spacing: -0.05pt;">c</span><span style="letter-spacing: -0.1pt;">o</span><span style="letter-spacing: -0.05pt;">mm</span>i<span style="letter-spacing: 0.05pt;">tt</span><span style="letter-spacing: -0.05pt;">e</span>d<span style="letter-spacing: -0.1pt;"> </span><span style="letter-spacing: 0.05pt;">t</span>o<span style="letter-spacing: 0.05pt;"> </span>b<span style="letter-spacing: -0.05pt;">a</span>l<span style="letter-spacing: -0.05pt;">anc</span>i<span style="letter-spacing: -0.05pt;">n</span>g<span style="letter-spacing: 0.05pt;"> </span>r<span style="letter-spacing: -0.05pt;">e</span><span style="letter-spacing: -0.15pt;">c</span>r<span style="letter-spacing: -0.05pt;">ea</span><span style="letter-spacing: 0.05pt;">t</span>io<span style="letter-spacing: -0.05pt;">na</span>l <span style="letter-spacing: -0.05pt;">acce</span>ss<span style="letter-spacing: 0.05pt;"> </span><span style="letter-spacing: -0.05pt;">w</span>i<span style="letter-spacing: 0.05pt;">t</span>h r<span style="letter-spacing: -0.05pt;">e</span>so<span style="letter-spacing: -0.05pt;">u</span>r<span style="letter-spacing: -0.05pt;">c</span>e <span style="letter-spacing: -0.05pt;">mana</span>g<span style="letter-spacing: -0.05pt;">emen</span><span style="letter-spacing: 0.05pt;">t</span>. <span style="letter-spacing: 0.1pt;"><span style="mso-spacerun: yes;"> </span></span>For ov<span style="letter-spacing: -0.05pt;">e</span>r<span style="letter-spacing: -0.1pt;"> </span><span style="letter-spacing: 0.05pt;">t</span><span style="letter-spacing: -0.05pt;">h</span>ir<span style="letter-spacing: 0.05pt;">t</span>y<span style="letter-spacing: -0.05pt;"> </span>y<span style="letter-spacing: -0.05pt;">ea</span>rs,<span style="letter-spacing: -0.1pt;"> </span><span style="letter-spacing: 0.05pt;">t</span><span style="letter-spacing: -0.05pt;">h</span>e OB<span style="letter-spacing: 0.05pt;">P</span>A <span style="letter-spacing: -0.05pt;">ha</span>s<span style="letter-spacing: -0.1pt;"> </span><span style="letter-spacing: -0.05pt;">w</span>ork<span style="letter-spacing: -0.05pt;">e</span>d<span style="letter-spacing: -0.1pt;"> </span><span style="letter-spacing: 0.05pt;">t</span>o<span style="letter-spacing: 0.05pt;"> </span><span style="letter-spacing: -0.05pt;">m</span><span style="letter-spacing: -0.15pt;">a</span>i<span style="letter-spacing: -0.05pt;">n</span><span style="letter-spacing: 0.05pt;">t</span><span style="letter-spacing: -0.05pt;">a</span>in <span style="letter-spacing: 0.05pt;">t</span><span style="letter-spacing: -0.05pt;">h</span>e s<span style="letter-spacing: -0.05pt;">ea</span>s<span style="letter-spacing: -0.05pt;">h</span>ore <span style="letter-spacing: -0.05pt;">as </span>i<span style="letter-spacing: -0.05pt;">n</span><span style="letter-spacing: 0.05pt;">t</span><span style="letter-spacing: -0.05pt;">en</span>d<span style="letter-spacing: -0.05pt;">e</span>d<span style="letter-spacing: 0.05pt;"> </span>by<span style="letter-spacing: -0.05pt;"> C</span>o<span style="letter-spacing: -0.05pt;">n</span><span style="letter-spacing: 0.05pt;">g</span>r<span style="letter-spacing: -0.05pt;">e</span>ss<span style="letter-spacing: 0.05pt;"> </span><span style="letter-spacing: -0.05pt;">w</span><span style="letter-spacing: -0.15pt;">h</span><span style="letter-spacing: -0.05pt;">e</span>n <span style="letter-spacing: -0.05pt;">C</span>H<span style="letter-spacing: -0.05pt;">NS</span>RA <span style="letter-spacing: -0.05pt;">wa</span>s<span style="letter-spacing: 0.05pt;"> </span><span style="letter-spacing: -0.05pt;">e</span>s<span style="letter-spacing: 0.05pt;">t</span><span style="letter-spacing: -0.05pt;">a</span>bli<span style="letter-spacing: -0.1pt;">s</span><span style="letter-spacing: -0.05pt;">he</span>d<span style="letter-spacing: 0.05pt;"> </span><span style="letter-spacing: -0.05pt;">a</span>s<span style="letter-spacing: 0.05pt;"> t</span><span style="letter-spacing: -0.05pt;">h</span>e nation’s <span style="letter-spacing: -0.05pt;">f</span>irst, and only,<span style="letter-spacing: -0.05pt;"> Na</span><span style="letter-spacing: 0.05pt;">t</span>io<span style="letter-spacing: -0.05pt;">na</span>l<span style="letter-spacing: -0.1pt;"> </span><span style="letter-spacing: -0.05pt;">Sea</span>s<span style="letter-spacing: -0.05pt;">h</span>ore </span><span style="font-family: "Tahoma","sans-serif"; mso-fareast-font-family: Tahoma;">R<span style="letter-spacing: -0.05pt;">ec</span>r<span style="letter-spacing: -0.05pt;">ea</span><span style="letter-spacing: 0.05pt;">t</span>io<span style="letter-spacing: -0.05pt;">na</span>l Ar<span style="letter-spacing: -0.05pt;">ea</span>. <span style="letter-spacing: 0.1pt;"><span style="mso-spacerun: yes;"> </span></span><span style="letter-spacing: 0.05pt;">P</span>r<span style="letter-spacing: -0.05pt;">e</span>s<span style="letter-spacing: -0.15pt;">e</span>rvi<span style="letter-spacing: -0.05pt;">n</span>g<span style="letter-spacing: 0.05pt;"> t</span><span style="letter-spacing: -0.05pt;">h</span>e<span style="letter-spacing: -0.15pt;"> </span><span style="letter-spacing: 0.05pt;">t</span>r<span style="letter-spacing: -0.05pt;">a</span>di<span style="letter-spacing: 0.05pt;">t</span>io<span style="letter-spacing: -0.05pt;">na</span>l<span style="letter-spacing: -0.1pt;"> </span><span style="letter-spacing: -0.05pt;">an</span>d<span style="letter-spacing: -0.1pt;"> </span><span style="letter-spacing: -0.05pt;">cu</span>l<span style="letter-spacing: 0.05pt;">t</span><span style="letter-spacing: -0.05pt;">u</span>r<span style="letter-spacing: -0.05pt;">a</span>l v<span style="letter-spacing: -0.05pt;">a</span>l<span style="letter-spacing: -0.05pt;">ue</span>s<span style="letter-spacing: 0.05pt;"> </span>of <span style="letter-spacing: 0.05pt;">t</span><span style="letter-spacing: -0.05pt;">h</span>e s<span style="letter-spacing: -0.05pt;">e</span><span style="letter-spacing: -0.15pt;">a</span>s<span style="letter-spacing: -0.05pt;">h</span>ore <span style="letter-spacing: -0.05pt;">ha</span>s<span style="letter-spacing: 0.05pt;"> </span>b<span style="letter-spacing: -0.05pt;">ee</span>n a <span style="letter-spacing: -0.05pt;">fun</span>d<span style="letter-spacing: -0.05pt;">amen</span><span style="letter-spacing: 0.05pt;">t</span><span style="letter-spacing: -0.05pt;">a</span>l pri<span style="letter-spacing: -0.05pt;">nc</span>ip<span style="letter-spacing: -0.05pt;">a</span>l <span style="letter-spacing: -0.05pt;">f</span>or<span style="letter-spacing: -0.1pt;"> </span><span style="letter-spacing: -0.05pt;">C</span>HA<span style="letter-spacing: 0.05pt;">P</span>A.<span style="letter-spacing: 3.4pt;"> </span>The o<span style="letter-spacing: -0.15pt;">r</span>g<span style="letter-spacing: -0.05pt;">an</span>iz<span style="letter-spacing: -0.05pt;">a</span><span style="letter-spacing: 0.05pt;">t</span>i<span style="letter-spacing: -0.1pt;">o</span>n r<span style="letter-spacing: -0.05pt;">e</span>pr<span style="letter-spacing: -0.05pt;">e</span>s<span style="letter-spacing: -0.05pt;">en</span><span style="letter-spacing: 0.05pt;">t</span>s<span style="letter-spacing: 0.05pt;"> </span>ov<span style="letter-spacing: -0.05pt;">e</span>r <span style="letter-spacing: -0.05pt;">10</span>,<span style="letter-spacing: -0.05pt;">00</span>0<span style="letter-spacing: -0.1pt;"> </span><span style="letter-spacing: -0.05pt;">mem</span>b<span style="letter-spacing: -0.05pt;">e</span>rs<span style="letter-spacing: 0.05pt;"> </span><span style="letter-spacing: -0.05pt;">f</span>rom <span style="letter-spacing: -0.05pt;">38 </span>s<span style="letter-spacing: 0.05pt;">t</span><span style="letter-spacing: -0.05pt;">a</span><span style="letter-spacing: 0.05pt;">t</span><span style="letter-spacing: -0.05pt;">e</span>s.<o:p></o:p></span></div><br />
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</div><span style="font-family: "Tahoma","sans-serif"; mso-fareast-font-family: Tahoma;"><span style="letter-spacing: -0.05pt;">I</span> lo<span style="letter-spacing: -0.1pt;">o</span>k<span style="letter-spacing: 0.05pt;"> </span><span style="letter-spacing: -0.05pt;">f</span>or<span style="letter-spacing: -0.05pt;">wa</span>rd<span style="letter-spacing: -0.1pt;"> t</span>o<span style="letter-spacing: 0.05pt;"> </span>s<span style="letter-spacing: -0.05pt;">ee</span>i<span style="letter-spacing: -0.05pt;">n</span>g<span style="letter-spacing: 0.05pt;"> t</span><span style="letter-spacing: -0.05pt;">h</span>is<span style="letter-spacing: -0.1pt;"> </span>l<span style="letter-spacing: -0.05pt;">e</span>gisl<span style="letter-spacing: -0.05pt;">a</span><span style="letter-spacing: 0.05pt;">t</span>io<span style="letter-spacing: -0.05pt;">n</span>,<span style="letter-spacing: -0.2pt;"> </span><span style="letter-spacing: -0.05pt;">w</span>i<span style="letter-spacing: 0.05pt;">t</span>h yo<span style="letter-spacing: -0.05pt;">u</span>r <span style="letter-spacing: -0.05pt;">he</span>l<span style="letter-spacing: -0.1pt;">p</span>,<span style="letter-spacing: 0.05pt;"> </span><span style="letter-spacing: -0.05pt;">m</span><span style="letter-spacing: -0.1pt;">o</span>ve <span style="letter-spacing: -0.05pt;">f</span>o<span style="letter-spacing: -0.15pt;">r</span><span style="letter-spacing: -0.05pt;">wa</span>rd<span style="letter-spacing: 0.05pt;"> t</span><span style="letter-spacing: -0.05pt;">h</span>ro<span style="letter-spacing: -0.05pt;">u</span>gh <span style="letter-spacing: -0.05pt;">c</span>o<span style="letter-spacing: -0.05pt;">mm</span>i<span style="letter-spacing: 0.05pt;">tt</span><span style="letter-spacing: -0.05pt;">e</span>e <span style="letter-spacing: -0.05pt;">an</span>d<span style="letter-spacing: 0.05pt;"> </span><span style="letter-spacing: -0.05pt;">u</span>l<span style="letter-spacing: 0.05pt;">t</span>i<span style="letter-spacing: -0.05pt;">ma</span><span style="letter-spacing: 0.05pt;">t</span><span style="letter-spacing: -0.05pt;">e</span><span style="letter-spacing: -0.15pt;">l</span>y<span style="letter-spacing: 0.05pt;"> t</span><span style="letter-spacing: -0.05pt;">h</span>e <span style="letter-spacing: -0.05pt;">fu</span>ll Ho<span style="letter-spacing: -0.05pt;">u</span>s<span style="letter-spacing: -0.05pt;">e</span>.<o:p></o:p></span><br />
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<div class="MsoNormal" style="line-height: normal; margin: 0in -1pt 0pt 6pt;"><span style="font-family: "Tahoma","sans-serif"; mso-fareast-font-family: Tahoma;">R<span style="letter-spacing: -0.05pt;">e</span>sp<span style="letter-spacing: -0.05pt;">ec</span><span style="letter-spacing: 0.05pt;">t</span><span style="letter-spacing: -0.05pt;">fu</span>lly,</span></div><div class="MsoNormal" style="line-height: normal; margin: 0in -1pt 0pt 6pt;"><br />
</div><div class="MsoNormal" style="line-height: normal; margin: 0in -1pt 0pt 6pt;"><span style="font-family: "Tahoma","sans-serif"; mso-fareast-font-family: Tahoma;">(your name and info)</span></div><div class="MsoNormal" style="line-height: normal; margin: 0in -1pt 0pt 6pt;"><br />
</div><div class="MsoNormal" style="line-height: normal; margin: 0in -1pt 0pt 6pt;"><span style="font-family: "Tahoma","sans-serif"; mso-fareast-font-family: Tahoma;">Please take the time to send these letters and dont hesitate to call the congresmen as well. This is how we begin our public fight against this injustice.</span></div><div class="MsoNormal" style="line-height: normal; margin: 0in -1pt 0pt 6pt;"><br />
</div><div class="MsoNormal" style="line-height: normal; margin: 0in -1pt 0pt 6pt;"><span style="font-family: "Tahoma","sans-serif"; mso-fareast-font-family: Tahoma;">Tight Lines,</span></div><div class="MsoNormal" style="line-height: normal; margin: 0in -1pt 0pt 6pt;"><br />
</div><div class="MsoNormal" style="line-height: normal; margin: 0in -1pt 0pt 6pt;"><span style="font-family: "Tahoma","sans-serif"; mso-fareast-font-family: Tahoma;">Wheat</span></div>Wheathttp://www.blogger.com/profile/06985997394412790634noreply@blogger.com2tag:blogger.com,1999:blog-5430376008625901414.post-75440301526294611952012-02-29T14:43:00.000-05:002012-02-29T14:43:25.553-05:00The Next StepMany 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.<br />
<br />
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:<br />
<br />
<a href="http://islandfreepress.org/2012Archives/02.28.2012-JonesIntroducesBillToOverturnbothORVFinalRuleAndConsentDecree.html">http://islandfreepress.org/2012Archives/02.28.2012-JonesIntroducesBillToOverturnbothORVFinalRuleAndConsentDecree.html</a><br />
<br />
Included in her story is a link to the actual bill which is located at:<br />
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<a href="http://islandfreepress.org/2012Archives/02.28.2012-JONENC_053.pdf">http://islandfreepress.org/2012Archives/02.28.2012-JONENC_053.pdf</a><br />
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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.<br />
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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.<br />
<br />
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".<br />
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So, you want to help? <br />
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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:<br />
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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.<br />
<br />
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.<br />
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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”. <br />
<br />
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.<br />
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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.<br />
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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. <br />
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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.<br />
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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.<br />
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And, they readily admit that nearly 100% of the financial impact will be felt by the villages surrounded by the Seashore,<br />
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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,<br />
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And that NPS does not have the infrastructure in place to handle permits during the busy Spring, Summer and Fall seasons,<br />
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And, that NPS has determined vehicle carrying capacity limits which will prevent visitors from accessing the Seashore,<br />
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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,<br />
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And, That NPS does not have the funding to construct the facilities necessary to implement this new “rule”,<br />
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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,<br />
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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.<br />
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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,<br />
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And, that the prohibition on night driving on our beaches is purely supposition and not based upon sound, peer reviewed science,<br />
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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,<br />
<br />
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,<br />
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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,<br />
<br />
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.<br />
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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.<br />
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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.<br />
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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.<br />
We ask that NPS be required to fully consider this area as a Traditional Cultural Property as express within the NEPA guidelines.<br />
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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.<br />
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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.<br />
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We ask that closures be limited to the absolute minimum so as to satisfy the original intent of congress.<br />
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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.<br />
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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.<br />
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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.<br />
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If you need help finding your local House Representative, go here:<br />
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<a href="https://writerep.house.gov/writerep/welcome.shtml">https://writerep.house.gov/writerep/welcome.shtml</a><br />
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So let's work on getting some co-sponsors for this Bill. <br />
From there, we begin to work on the Resources Committee so this can go to the floor for a vote!<br />
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Tight lines, <br />
<br />
WheatWheathttp://www.blogger.com/profile/06985997394412790634noreply@blogger.com2tag:blogger.com,1999:blog-5430376008625901414.post-66377020592103817842012-02-28T16:29:00.000-05:002012-02-28T16:29:11.425-05:00Finally, I Get to Announce This After Waiting For MonthsMy 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.<br />
<br />
Many are those that have complained that nothing was being done all this time, but those of us who were "there" know quite different.<br />
<br />
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.<br />
<br />
Without further ado,<br />
<br />
JONES INTRODUCES BILL TO RESTORE ACCESS TO CAPE HATTERAS NATIONAL SEASHORE RECREATIONAL AREA<br />
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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. <br />
“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.” <br />
<br />
<br />
Catherine M. Fodor<br />
Communications Director<br />
Rep. Walter B. Jones (NC-3)<br />
2333 Rayburn House Office Building<br />
Washington, DC 20515<br />
(202) 225-3415<br />
<a href="http://www.jones.house.gov/">http://www.jones.house.gov</a><br />
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<div align="center" class="MsoNormal" style="line-height: 12.1pt; margin: 0in 315.75pt 0pt 87.7pt; mso-line-height-rule: exactly; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 12pt; mso-fareast-font-family: "Times New Roman";">2</span><span style="font-family: "Times New Roman","serif"; font-size: 9pt; mso-fareast-font-family: "Times New Roman";">D <span style="letter-spacing: 0.3pt;"><span style="mso-spacerun: yes;"> </span></span></span><span style="font-family: "Times New Roman","serif"; font-size: 12pt; mso-fareast-font-family: "Times New Roman"; mso-font-width: 104%;">S</span><span style="font-family: "Times New Roman","serif"; font-size: 9pt; mso-fareast-font-family: "Times New Roman"; mso-font-width: 112%;">ESSION</span><span style="font-family: "Times New Roman","serif"; font-size: 9pt; mso-fareast-font-family: "Times New Roman";"><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 6.5pt; margin: 0.1pt 0in 0pt; mso-line-height-rule: exactly;"><br />
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</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 1.5pt 49.85pt 0pt 79.05pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; mso-fareast-font-family: "Times New Roman";">To<span style="letter-spacing: 0.9pt;"> </span>authorize<span style="letter-spacing: 1.7pt;"> </span>pedestrian<span style="letter-spacing: 2.25pt;"> </span>and<span style="letter-spacing: 1.55pt;"> </span>motorized<span style="letter-spacing: 0.45pt;"> </span>vehicular<span style="letter-spacing: 0.5pt;"> </span>access<span style="letter-spacing: 0.35pt;"> </span>in<span style="letter-spacing: 1pt;"> </span>Cape<span style="letter-spacing: 0.65pt;"> </span><span style="mso-font-width: 109%;">Hatteras</span><o:p></o:p></span></div><div align="center" class="MsoNormal" style="line-height: 12.5pt; margin: 0.35pt 76.75pt 0pt 105.85pt; mso-line-height-rule: exactly; text-align: center;"><span style="font-family: "Times New Roman","serif"; mso-fareast-font-family: "Times New Roman"; mso-text-raise: -.5pt; position: relative; top: 0.5pt;">National<span style="letter-spacing: 2.05pt;"> </span>Seashore<span style="letter-spacing: 1.3pt;"> </span>Recreational<span style="letter-spacing: 1.45pt;"> </span>Area,<span style="letter-spacing: 0.9pt;"> </span>and<span style="letter-spacing: 1.55pt;"> </span>for<span style="letter-spacing: 0.9pt;"> </span>other<span style="letter-spacing: 1.6pt;"> </span><span style="mso-font-width: 101%;">purposes.</span></span><span style="font-family: "Times New Roman","serif"; mso-fareast-font-family: "Times New Roman";"><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 8pt; margin: 0.2pt 0in 0pt; mso-line-height-rule: exactly;"><br />
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</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 167.15pt 0pt 196.15pt; tab-stops: 229.0pt; text-align: center;"><b><span style="font-family: "Times New Roman","serif"; font-size: 24pt; mso-fareast-font-family: "Times New Roman"; mso-font-width: 112%;">A<span style="letter-spacing: -4.3pt;"> </span></span></b><b><span style="font-family: "Times New Roman","serif"; font-size: 24pt; mso-fareast-font-family: "Times New Roman";"><span style="mso-tab-count: 1;"> </span><span style="mso-font-width: 112%;">BILL</span></span></b><span style="font-family: "Times New Roman","serif"; font-size: 24pt; mso-fareast-font-family: "Times New Roman";"><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 20pt; margin: 1.8pt 37.55pt 0pt 92pt; text-align: justify; text-indent: -24pt;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">To <span style="letter-spacing: 0.85pt;"><span style="mso-spacerun: yes;"> </span></span>authorize <span style="letter-spacing: 1.9pt;"><span style="mso-spacerun: yes;"> </span></span>pedestrian <span style="letter-spacing: 2.6pt;"><span style="mso-spacerun: yes;"> </span></span>and <span style="letter-spacing: 1.65pt;"><span style="mso-spacerun: yes;"> </span></span>motorized <span style="letter-spacing: 0.3pt;"><span style="mso-spacerun: yes;"> </span></span>vehicular <span style="letter-spacing: 0.35pt;"><span style="mso-spacerun: yes;"> </span></span>access <span style="letter-spacing: 0.15pt;"><span style="mso-spacerun: yes;"> </span></span><span style="mso-font-width: 101%;">in </span>Cape<span style="letter-spacing: 1.3pt;"> </span>Hatteras <span style="letter-spacing: 2.3pt;"><span style="mso-spacerun: yes;"> </span></span>National<span style="letter-spacing: 3.05pt;"> </span>Seashore<span style="letter-spacing: 2.1pt;"> </span>Recreational<span style="letter-spacing: 2.3pt;"> </span>Area,<span style="letter-spacing: 1.6pt;"> </span><span style="mso-font-width: 104%;">and </span>for<span style="letter-spacing: 1.15pt;"> </span>other<span style="letter-spacing: 2pt;"> </span><span style="mso-font-width: 101%;">purposes.</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 12pt; margin: 0.7pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div class="MsoNormal" style="line-height: normal; margin: 1.2pt -1pt 0pt 75pt; tab-stops: 120.0pt;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">1<span style="mso-tab-count: 1;"> </span><i style="mso-bidi-font-style: normal;">Be<span style="letter-spacing: 1.15pt;"> </span>it<span style="letter-spacing: 2.6pt;"> </span>enacted<span style="letter-spacing: -0.75pt;"> </span>by<span style="letter-spacing: 1.3pt;"> </span>the<span style="letter-spacing: 0.6pt;"> </span>Senate<span style="letter-spacing: 1.45pt;"> </span>and<span style="letter-spacing: 1.65pt;"> </span>House of<span style="letter-spacing: 0.25pt;"> </span>Representa-</i><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div class="MsoNormal" style="line-height: normal; margin: 0in -1pt 0pt 75pt; tab-stops: 92.0pt;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">2<span style="mso-tab-count: 1;"> </span><i style="mso-bidi-font-style: normal;">tives of<span style="letter-spacing: -0.7pt;"> </span>the<span style="letter-spacing: -0.35pt;"> </span>United<span style="letter-spacing: 0.9pt;"> </span>States<span style="letter-spacing: 1.15pt;"> </span>of<span style="letter-spacing: -0.7pt;"> </span>America<span style="letter-spacing: 0.05pt;"> </span>in<span style="letter-spacing: 1.6pt;"> </span><span style="mso-font-width: 92%;">Congress<span style="letter-spacing: 0.8pt;"> </span></span>assembled,</i><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div class="MsoNormal" style="line-height: normal; margin: 0in -1pt 0pt 75pt; tab-stops: 92.0pt;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">3<span style="mso-tab-count: 1;"> </span></span><b><span style="font-family: "Times New Roman","serif"; font-size: 10pt; mso-fareast-font-family: "Times New Roman"; mso-font-width: 111%;">SECTION<span style="letter-spacing: 0.5pt;"> </span></span></b><b><span style="font-family: "Times New Roman","serif"; font-size: 10pt; mso-fareast-font-family: "Times New Roman";">1.<span style="letter-spacing: 1.75pt;"> </span><span style="mso-font-width: 110%;">SHORT<span style="letter-spacing: 0.9pt;"> </span>TITLE.</span></span></b><span style="font-family: "Times New Roman","serif"; font-size: 10pt; mso-fareast-font-family: "Times New Roman";"><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div class="MsoNormal" style="line-height: normal; margin: 0in -1pt 0pt 75pt; tab-stops: 120.0pt;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">4<span style="mso-tab-count: 1;"> </span>This<span style="letter-spacing: 2.95pt;"> </span>Act<span style="letter-spacing: 1.6pt;"> </span>may<span style="letter-spacing: 1.95pt;"> </span>be<span style="letter-spacing: 1.65pt;"> </span>cited<span style="letter-spacing: 2.2pt;"> </span>as<span style="letter-spacing: 2.8pt;"> </span>the<span style="letter-spacing: 2.9pt;"> </span>‘‘Preserving<span style="letter-spacing: 0.8pt;"> </span>Access<span style="letter-spacing: 0.2pt;"> </span><span style="mso-font-width: 102%;">to</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div class="MsoNormal" style="line-height: normal; margin: 0in -1pt 0pt 75pt; tab-stops: 92.0pt;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">5<span style="mso-tab-count: 1;"> </span>Cape<span style="letter-spacing: 0.5pt;"> </span>Hatteras <span style="letter-spacing: 1.5pt;"><span style="mso-spacerun: yes;"> </span></span>National<span style="letter-spacing: 2.25pt;"> </span>Seashore<span style="letter-spacing: 1.3pt;"> </span>Recreational<span style="letter-spacing: 1.5pt;"> </span>Area<span style="letter-spacing: 0.8pt;"> </span>Act’’.<o:p></o:p></span></div></div><span style="font-family: "Calibri","sans-serif"; font-size: 11pt; line-height: 115%; mso-ansi-language: EN-US; mso-ascii-theme-font: minor-latin; mso-bidi-font-family: "Times New Roman"; mso-bidi-language: AR-SA; mso-bidi-theme-font: minor-bidi; mso-fareast-font-family: Calibri; mso-fareast-language: EN-US; mso-fareast-theme-font: minor-latin; mso-hansi-theme-font: minor-latin;"><br clear="all" style="mso-break-type: section-break; page-break-before: always;" /> </span> <br />
<div class="WordSection2"> <div align="center" class="MsoNormal" style="line-height: normal; margin: 4.1pt 36.9pt 0pt 72.95pt; tab-stops: 89.0pt 1.75in 146.0pt 255.0pt 282.0pt 343.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">1<span style="mso-tab-count: 1;"> </span></span><b><span style="font-family: "Times New Roman","serif"; font-size: 10pt; mso-fareast-font-family: "Times New Roman";">SEC.<span style="letter-spacing: 0.35pt;"> </span><span style="mso-tab-count: 1;"> </span>2.<span style="letter-spacing: -1.5pt;"> </span><span style="mso-tab-count: 1;"> </span><span style="mso-font-width: 111%;">REINSTATEMENT</span><span style="mso-tab-count: 1;"> </span>OF<span style="letter-spacing: -0.95pt;"> </span><span style="mso-tab-count: 1;"> </span><span style="mso-font-width: 108%;">INTERIM<span style="letter-spacing: -1.35pt;"> </span></span><span style="mso-tab-count: 1;"> </span><span style="mso-font-width: 108%;">MANAGEMENT</span></span></b><span style="font-family: "Times New Roman","serif"; font-size: 10pt; mso-fareast-font-family: "Times New Roman";"><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div class="MsoNormal" style="line-height: normal; margin: 0in -1pt 0pt 75pt; tab-stops: 168.0pt;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">2<span style="mso-tab-count: 1;"> </span></span><b><span style="font-family: "Times New Roman","serif"; font-size: 10pt; mso-fareast-font-family: "Times New Roman"; mso-font-width: 109%;">STRATEGY.</span></b><span style="font-family: "Times New Roman","serif"; font-size: 10pt; mso-fareast-font-family: "Times New Roman";"><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.95pt 0pt 72.95pt; tab-stops: 117.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">3<span style="mso-tab-count: 1;"> </span>(a)<span style="letter-spacing: 2.55pt;"> </span><span style="mso-font-width: 103%;">M</span></span><span style="font-family: "Times New Roman","serif"; font-size: 10.5pt; mso-fareast-font-family: "Times New Roman"; mso-font-width: 103%;">ANAGEMENT</span><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman"; mso-font-width: 103%;">.—After<span style="letter-spacing: 1.8pt;"> </span></span><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">the<span style="letter-spacing: 2.15pt;"> </span>date<span style="letter-spacing: 2.6pt;"> </span>of<span style="letter-spacing: 0.65pt;"> </span>the<span style="letter-spacing: 2.15pt;"> </span><span style="mso-font-width: 103%;">enactment</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.9pt 0pt 72.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">4<span style="mso-tab-count: 1;"> </span>of<span style="letter-spacing: -0.3pt;"> </span>this<span style="letter-spacing: 1.5pt;"> </span>Act,<span style="letter-spacing: 0.05pt;"> </span>Cape<span style="letter-spacing: 0.2pt;"> </span>Hatteras <span style="letter-spacing: 1.2pt;"><span style="mso-spacerun: yes;"> </span></span>National<span style="letter-spacing: 1.95pt;"> </span>Seashore<span style="letter-spacing: 1pt;"> </span><span style="mso-font-width: 101%;">Recreational</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.9pt 0pt 72.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">5<span style="mso-tab-count: 1;"> </span>Area <span style="letter-spacing: 0.3pt;"><span style="mso-spacerun: yes;"> </span></span>shall <span style="letter-spacing: 0.3pt;"><span style="mso-spacerun: yes;"> </span></span>be<span style="letter-spacing: 3.25pt;"> </span>managed <span style="letter-spacing: 0.8pt;"><span style="mso-spacerun: yes;"> </span></span>in <span style="letter-spacing: 0.4pt;"><span style="mso-spacerun: yes;"> </span></span>accordance<span style="letter-spacing: 3.15pt;"> </span>with <span style="letter-spacing: 0.05pt;"><span style="mso-spacerun: yes;"> </span></span>the <span style="letter-spacing: 1pt;"><span style="mso-spacerun: yes;"> </span></span><span style="mso-font-width: 105%;">Interim</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.9pt 0pt 72.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">6<span style="mso-tab-count: 1;"> </span>Protected<span style="mso-spacerun: yes;"> </span><span style="letter-spacing: 0.55pt;"><span style="mso-spacerun: yes;"> </span></span>Species <span style="letter-spacing: 1.1pt;"><span style="mso-spacerun: yes;"> </span></span>Management <span style="letter-spacing: 2.7pt;"><span style="mso-spacerun: yes;"> </span></span><span style="mso-font-width: 103%;">Strategy/Environmental</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.95pt 0pt 72.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">7<span style="mso-tab-count: 1;"> </span>Assessment<span style="letter-spacing: 1.8pt;"> </span>issued<span style="letter-spacing: 1.8pt;"> </span>by<span style="letter-spacing: 0.95pt;"> </span>the<span style="letter-spacing: 2.5pt;"> </span>National<span style="letter-spacing: 3.25pt;"> </span>Park <span style="letter-spacing: 0.85pt;"><span style="mso-spacerun: yes;"> </span></span>Service<span style="letter-spacing: 0.55pt;"> </span>on<span style="letter-spacing: 1.5pt;"> </span><span style="mso-font-width: 110%;">June</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.85pt 0pt 72.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">8<span style="mso-tab-count: 1;"> </span>13,<span style="letter-spacing: 2.6pt;"> </span>2007,<span style="letter-spacing: 3pt;"> </span>for<span style="letter-spacing: 2.05pt;"> </span>the<span style="letter-spacing: 2.75pt;"> </span>Cape<span style="letter-spacing: 1.75pt;"> </span>Hatteras <span style="letter-spacing: 2.75pt;"><span style="mso-spacerun: yes;"> </span></span>National<span style="letter-spacing: 3.5pt;"> </span>Seashore<span style="letter-spacing: 2.55pt;"> </span><span style="mso-font-width: 96%;">Rec-</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.85pt 0pt 72.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">9<span style="mso-tab-count: 1;"> </span>reational<span style="letter-spacing: 1.85pt;"> </span>Area,<span style="letter-spacing: 0.4pt;"> </span>North<span style="letter-spacing: 2.05pt;"> </span>Carolina,<span style="letter-spacing: 0.9pt;"> </span>unless<span style="letter-spacing: 0.4pt;"> </span>the<span style="letter-spacing: 1.1pt;"> </span>Secretary<span style="letter-spacing: 2pt;"> </span>of<span style="letter-spacing: -0.4pt;"> </span><span style="mso-font-width: 104%;">the</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.95pt 0pt 65.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">10<span style="mso-tab-count: 1;"> </span>Interior <span style="letter-spacing: 2.2pt;"><span style="mso-spacerun: yes;"> </span></span>(hereafter <span style="letter-spacing: 2.3pt;"><span style="mso-spacerun: yes;"> </span></span>in <span style="letter-spacing: 0.2pt;"><span style="mso-spacerun: yes;"> </span></span>this <span style="letter-spacing: 1.1pt;"><span style="mso-spacerun: yes;"> </span></span>Act<span style="letter-spacing: 3pt;"> </span>referred <span style="letter-spacing: 1.45pt;"><span style="mso-spacerun: yes;"> </span></span>to <span style="letter-spacing: 0.3pt;"><span style="mso-spacerun: yes;"> </span></span>as <span style="letter-spacing: 0.7pt;"><span style="mso-spacerun: yes;"> </span></span>the <span style="letter-spacing: 0.8pt;"><span style="mso-spacerun: yes;"> </span></span><span style="mso-font-width: 91%;">‘‘Sec-</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.9pt 0pt 65.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">11<span style="mso-tab-count: 1;"> </span>retary’’)<span style="letter-spacing: 3.05pt;"> </span>issues<span style="letter-spacing: 3.05pt;"> </span>a<span style="letter-spacing: 3.5pt;"> </span>new<span style="letter-spacing: 1.9pt;"> </span>final<span style="letter-spacing: 3.05pt;"> </span>rule<span style="letter-spacing: 3.5pt;"> </span>that <span style="letter-spacing: 2.05pt;"><span style="mso-spacerun: yes;"> </span></span>meets<span style="letter-spacing: 3.05pt;"> </span>the <span style="letter-spacing: 0.25pt;"><span style="mso-spacerun: yes;"> </span></span><span style="mso-font-width: 101%;">require-</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div class="MsoNormal" style="line-height: normal; margin: 0in -1pt 0pt 68pt; tab-stops: 92.0pt;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">12<span style="mso-tab-count: 1;"> </span>ments<span style="letter-spacing: 1pt;"> </span>set<span style="letter-spacing: 0.95pt;"> </span>forth<span style="letter-spacing: 1.45pt;"> </span>in<span style="letter-spacing: 0.45pt;"> </span>section<span style="letter-spacing: -0.05pt;"> </span><span style="mso-font-width: 103%;">3.</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.9pt 0pt 65.95pt; tab-stops: 117.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">13<span style="mso-tab-count: 1;"> </span>(b)<span style="letter-spacing: 2.45pt;"> </span><span style="mso-font-width: 107%;">R</span></span><span style="font-family: "Times New Roman","serif"; font-size: 10.5pt; mso-fareast-font-family: "Times New Roman"; mso-font-width: 107%;">ESTRICTIONS</span><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman"; mso-font-width: 107%;">.—The<span style="letter-spacing: 2.25pt;"> </span></span><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">Secretary <span style="letter-spacing: 0.05pt;"><span style="mso-spacerun: yes;"> </span></span>shall<span style="letter-spacing: 1.95pt;"> </span>not<span style="letter-spacing: 2.5pt;"> </span><span style="mso-font-width: 97%;">impose</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.9pt 0pt 65.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">14<span style="mso-tab-count: 1;"> </span>any<span style="letter-spacing: 1.9pt;"> </span>additional<span style="letter-spacing: 2.25pt;"> </span>restrictions <span style="letter-spacing: 0.05pt;"><span style="mso-spacerun: yes;"> </span></span>on<span style="letter-spacing: 1.4pt;"> </span>pedestrian<span style="letter-spacing: 3.4pt;"> </span>or<span style="letter-spacing: 1.8pt;"> </span>motorized<span style="letter-spacing: 1.15pt;"> </span><span style="mso-font-width: 91%;">ve-</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.9pt 0pt 65.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">15<span style="mso-tab-count: 1;"> </span>hicular<span style="letter-spacing: 3.3pt;"> </span>access<span style="letter-spacing: 1.8pt;"> </span>to<span style="letter-spacing: 2.7pt;"> </span>any<span style="letter-spacing: 2.7pt;"> </span>portion<span style="letter-spacing: 2.9pt;"> </span>of<span style="letter-spacing: 1.7pt;"> </span>Cape<span style="letter-spacing: 2.2pt;"> </span>Hatteras <span style="letter-spacing: 3.2pt;"><span style="mso-spacerun: yes;"> </span></span><span style="mso-font-width: 103%;">National</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.85pt 0pt 65.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">16<span style="mso-tab-count: 1;"> </span>Seashore<span style="letter-spacing: 2.4pt;"> </span>Recreational<span style="letter-spacing: 2.6pt;"> </span>Area<span style="letter-spacing: 1.9pt;"> </span>for<span style="letter-spacing: 1.9pt;"> </span>species<span style="letter-spacing: 0.7pt;"> </span>protection<span style="letter-spacing: 2.45pt;"> </span><span style="mso-font-width: 97%;">beyond</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.85pt 0pt 65.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">17<span style="mso-tab-count: 1;"> </span>those<span style="letter-spacing: 1.65pt;"> </span>in<span style="letter-spacing: 1.45pt;"> </span>the<span style="letter-spacing: 2.05pt;"> </span>Interim<span style="letter-spacing: 3.4pt;"> </span>Management<span style="letter-spacing: 2.1pt;"> </span>Strategy, <span style="letter-spacing: 0.35pt;"><span style="mso-spacerun: yes;"> </span></span>other<span style="letter-spacing: 2.2pt;"> </span>than<span style="letter-spacing: 3.3pt;"> </span><span style="mso-font-width: 105%;">as</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.8pt 0pt 65.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">18<span style="mso-tab-count: 1;"> </span>specifically<span style="letter-spacing: -0.05pt;"> </span>authorized <span style="letter-spacing: 0.25pt;"><span style="mso-spacerun: yes;"> </span></span>pursuant <span style="letter-spacing: 2.45pt;"><span style="mso-spacerun: yes;"> </span></span>to<span style="letter-spacing: 2.75pt;"> </span>section<span style="letter-spacing: 2.15pt;"> </span>3<span style="letter-spacing: 2.75pt;"> </span>of<span style="letter-spacing: 1.75pt;"> </span>this <span style="letter-spacing: 0.05pt;"><span style="mso-spacerun: yes;"> </span></span><span style="mso-font-width: 98%;">Act.</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.95pt 0pt 65.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">19<span style="mso-tab-count: 1;"> </span></span><b><span style="font-family: "Times New Roman","serif"; font-size: 10pt; mso-fareast-font-family: "Times New Roman";">SEC.<span style="mso-spacerun: yes;"> </span><span style="letter-spacing: 0.9pt;"><span style="mso-spacerun: yes;"> </span></span>3. <span style="letter-spacing: 1.5pt;"><span style="mso-spacerun: yes;"> </span></span><span style="mso-font-width: 111%;">ADDITIONAL<span style="letter-spacing: 2.1pt;"> </span>RESTRICTIONS <span style="letter-spacing: 0.75pt;"><span style="mso-spacerun: yes;"> </span></span></span>ON <span style="letter-spacing: 2.2pt;"><span style="mso-spacerun: yes;"> </span></span><span style="mso-font-width: 111%;">ACCESS<span style="letter-spacing: 2.75pt;"> </span></span>TO <span style="letter-spacing: 1.55pt;"><span style="mso-spacerun: yes;"> </span></span><span style="mso-font-width: 112%;">CAPE</span></span></b><span style="font-family: "Times New Roman","serif"; font-size: 10pt; mso-fareast-font-family: "Times New Roman";"><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.9pt 0pt 65.95pt; tab-stops: 165.0pt 244.0pt 320.0pt 399.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">20<span style="mso-tab-count: 1;"> </span></span><b><span style="font-family: "Times New Roman","serif"; font-size: 10pt; mso-fareast-font-family: "Times New Roman"; mso-font-width: 109%;">HATTERAS<span style="letter-spacing: -2.15pt;"> </span></span></b><b><span style="font-family: "Times New Roman","serif"; font-size: 10pt; mso-fareast-font-family: "Times New Roman";"><span style="mso-tab-count: 1;"> </span><span style="mso-font-width: 109%;">NATIONAL</span><span style="mso-tab-count: 1;"> </span><span style="mso-font-width: 109%;">SEASHORE<span style="letter-spacing: -1.1pt;"> </span></span><span style="mso-tab-count: 1;"> </span><span style="mso-font-width: 109%;">REC-</span></span></b><span style="font-family: "Times New Roman","serif"; font-size: 10pt; mso-fareast-font-family: "Times New Roman";"><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.95pt 0pt 65.95pt; tab-stops: 165.0pt 242.0pt 283.0pt 317.0pt 375.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">21<span style="mso-tab-count: 1;"> </span></span><b><span style="font-family: "Times New Roman","serif"; font-size: 10pt; mso-fareast-font-family: "Times New Roman"; mso-font-width: 109%;">REATIONAL</span></b><b><span style="font-family: "Times New Roman","serif"; font-size: 10pt; mso-fareast-font-family: "Times New Roman";"><span style="mso-tab-count: 1;"> </span>AREA<span style="letter-spacing: 0.05pt;"> </span><span style="mso-tab-count: 1;"> </span>FOR<span style="letter-spacing: 0.05pt;"> </span><span style="mso-tab-count: 1;"> </span><span style="mso-font-width: 111%;">SPECIES<span style="letter-spacing: -1.1pt;"> </span></span><span style="mso-tab-count: 1;"> </span><span style="mso-font-width: 111%;">PROTEC-</span></span></b><span style="font-family: "Times New Roman","serif"; font-size: 10pt; mso-fareast-font-family: "Times New Roman";"><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div class="MsoNormal" style="line-height: normal; margin: 0in -1pt 0pt 68pt; tab-stops: 168.0pt;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">22<span style="mso-tab-count: 1;"> </span></span><b><span style="font-family: "Times New Roman","serif"; font-size: 10pt; mso-fareast-font-family: "Times New Roman"; mso-font-width: 110%;">TION.</span></b><span style="font-family: "Times New Roman","serif"; font-size: 10pt; mso-fareast-font-family: "Times New Roman";"><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.8pt 0pt 65.95pt; tab-stops: 117.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">23<span style="mso-tab-count: 1;"> </span>(a)<span style="letter-spacing: 2.1pt;"> </span>I</span><span style="font-family: "Times New Roman","serif"; font-size: 10.5pt; mso-fareast-font-family: "Times New Roman";">N <span style="letter-spacing: 0.7pt;"><span style="mso-spacerun: yes;"> </span></span></span><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman"; mso-font-width: 106%;">G</span><span style="font-family: "Times New Roman","serif"; font-size: 10.5pt; mso-fareast-font-family: "Times New Roman"; mso-font-width: 106%;">ENERAL</span><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman"; mso-font-width: 106%;">.—If,<span style="letter-spacing: 1.05pt;"> </span></span><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">based<span style="letter-spacing: 1pt;"> </span>on<span style="letter-spacing: 0.7pt;"> </span><span style="mso-font-width: 96%;">peer-reviewed<span style="letter-spacing: 1.15pt;"> </span>science</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.9pt 0pt 65.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">24<span style="mso-tab-count: 1;"> </span>and<span style="letter-spacing: 2.9pt;"> </span>after <span style="letter-spacing: 0.4pt;"><span style="mso-spacerun: yes;"> </span></span>public<span style="letter-spacing: 1.05pt;"> </span>comment,<span style="letter-spacing: 1.55pt;"> </span>the<span style="letter-spacing: 2.8pt;"> </span>Secretary <span style="letter-spacing: 0.2pt;"><span style="mso-spacerun: yes;"> </span></span>determines<span style="letter-spacing: 2.7pt;"> </span><span style="mso-font-width: 112%;">that</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.9pt 0pt 65.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">25<span style="mso-tab-count: 1;"> </span>additional<span style="letter-spacing: 2.5pt;"> </span>restrictions <span style="letter-spacing: 0.3pt;"><span style="mso-spacerun: yes;"> </span></span>on<span style="letter-spacing: 1.65pt;"> </span>access<span style="letter-spacing: 1.25pt;"> </span>to<span style="letter-spacing: 2.15pt;"> </span>a<span style="letter-spacing: 2.4pt;"> </span>portion<span style="letter-spacing: 2.35pt;"> </span>of<span style="letter-spacing: 1.15pt;"> </span>the<span style="letter-spacing: 2.65pt;"> </span><span style="mso-font-width: 99%;">Cape</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.9pt 0pt 65.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">26<span style="mso-tab-count: 1;"> </span>Hatteras<span style="mso-spacerun: yes;"> </span><span style="letter-spacing: 0.95pt;"><span style="mso-spacerun: yes;"> </span></span>National <span style="letter-spacing: 1.7pt;"><span style="mso-spacerun: yes;"> </span></span>Seashore <span style="letter-spacing: 0.75pt;"><span style="mso-spacerun: yes;"> </span></span>Recreational <span style="letter-spacing: 0.95pt;"><span style="mso-spacerun: yes;"> </span></span>Area <span style="letter-spacing: 0.25pt;"><span style="mso-spacerun: yes;"> </span></span>are <span style="letter-spacing: 1.1pt;"><span style="mso-spacerun: yes;"> </span></span><span style="mso-font-width: 96%;">nec-</span><o:p></o:p></span></div></div><span style="font-family: "Calibri","sans-serif"; font-size: 11pt; line-height: 115%; mso-ansi-language: EN-US; mso-ascii-theme-font: minor-latin; mso-bidi-font-family: "Times New Roman"; mso-bidi-language: AR-SA; mso-bidi-theme-font: minor-bidi; mso-fareast-font-family: Calibri; mso-fareast-language: EN-US; mso-fareast-theme-font: minor-latin; mso-hansi-theme-font: minor-latin;"><br clear="all" style="mso-break-type: section-break; page-break-before: always;" /> </span> <br />
<div class="WordSection3"> <div class="MsoNormal" style="line-height: 8pt; margin: 0.1pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.8pt 0pt 72.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">1<span style="mso-tab-count: 1;"> </span>essary<span style="letter-spacing: 3.1pt;"> </span>to<span style="letter-spacing: 2.95pt;"> </span>protect <span style="letter-spacing: 0.4pt;"><span style="mso-spacerun: yes;"> </span></span>species<span style="letter-spacing: 1.55pt;"> </span>listed<span style="letter-spacing: 2.75pt;"> </span>as<span style="letter-spacing: 3.35pt;"> </span>endangered<span style="letter-spacing: 3.4pt;"> </span>under <span style="letter-spacing: 0.2pt;"><span style="mso-spacerun: yes;"> </span></span><span style="mso-font-width: 104%;">the</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.9pt 0pt 72.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">2<span style="mso-tab-count: 1;"> </span>Endangered<span style="letter-spacing: 2.55pt;"> </span>Species<span style="letter-spacing: -0.3pt;"> </span>Act<span style="letter-spacing: -0.05pt;"> </span>of<span style="letter-spacing: -0.25pt;"> </span>1973<span style="letter-spacing: 1.4pt;"> </span>(16<span style="letter-spacing: 1.3pt;"> </span>U.S.C.<span style="letter-spacing: 0.95pt;"> </span>1531<span style="letter-spacing: 1.4pt;"> </span>et<span style="letter-spacing: 1.15pt;"> </span>seq.),<o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.95pt 0pt 72.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">3<span style="mso-tab-count: 1;"> </span>the <span style="letter-spacing: 1.55pt;"><span style="mso-spacerun: yes;"> </span></span>Secretary <span style="letter-spacing: 2.45pt;"><span style="mso-spacerun: yes;"> </span></span>may <span style="letter-spacing: 0.6pt;"><span style="mso-spacerun: yes;"> </span></span>only<span style="letter-spacing: 3.1pt;"> </span>restrict, <span style="letter-spacing: 3.4pt;"><span style="mso-spacerun: yes;"> </span></span>by<span style="mso-spacerun: yes;"> </span>limitation, <span style="letter-spacing: 1.45pt;"><span style="mso-spacerun: yes;"> </span></span><span style="mso-font-width: 99%;">closure,</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.95pt 0pt 72.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">4<span style="mso-tab-count: 1;"> </span>buffer,<span style="letter-spacing: 3.5pt;"> </span>or<span style="letter-spacing: 3.2pt;"> </span>otherwise,<span style="letter-spacing: 2.5pt;"> </span>pedestrian <span style="letter-spacing: 1.35pt;"><span style="mso-spacerun: yes;"> </span></span>and <span style="letter-spacing: 0.4pt;"><span style="mso-spacerun: yes;"> </span></span>motorized<span style="letter-spacing: 2.55pt;"> </span><span style="mso-font-width: 99%;">vehicular</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.85pt 0pt 72.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">5<span style="mso-tab-count: 1;"> </span>access<span style="letter-spacing: 1.75pt;"> </span>for<span style="letter-spacing: 2.45pt;"> </span>recreational <span style="letter-spacing: 0.25pt;"><span style="mso-spacerun: yes;"> </span></span>activities<span style="letter-spacing: 2.45pt;"> </span>for<span style="letter-spacing: 2.45pt;"> </span>the<span style="letter-spacing: 3.15pt;"> </span>shortest <span style="letter-spacing: 1.15pt;"><span style="mso-spacerun: yes;"> </span></span><span style="mso-font-width: 97%;">possible</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.8pt 0pt 72.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">6<span style="mso-tab-count: 1;"> </span>time <span style="letter-spacing: 0.25pt;"><span style="mso-spacerun: yes;"> </span></span>and <span style="letter-spacing: 0.8pt;"><span style="mso-spacerun: yes;"> </span></span>on<span style="letter-spacing: 3.2pt;"> </span>the <span style="letter-spacing: 0.7pt;"><span style="mso-spacerun: yes;"> </span></span>smallest <span style="letter-spacing: 0.45pt;"><span style="mso-spacerun: yes;"> </span></span>possible<span style="letter-spacing: 2.1pt;"> </span>portions <span style="letter-spacing: 0.45pt;"><span style="mso-spacerun: yes;"> </span></span>of<span style="letter-spacing: 2.7pt;"> </span>the <span style="letter-spacing: 0.7pt;"><span style="mso-spacerun: yes;"> </span></span><span style="mso-font-width: 99%;">Cape</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div class="MsoNormal" style="line-height: normal; margin: 0in -1pt 0pt 75pt; tab-stops: 92.0pt;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">7<span style="mso-tab-count: 1;"> </span>Hatteras <span style="letter-spacing: 1.05pt;"><span style="mso-spacerun: yes;"> </span></span>National<span style="letter-spacing: 1.8pt;"> </span>Seashore<span style="letter-spacing: 0.85pt;"> </span>Recreational<span style="letter-spacing: 1.05pt;"> </span>Area.<o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.95pt 0pt 72.95pt; tab-stops: 117.0pt 146.0pt 227.0pt 254.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">8<span style="mso-tab-count: 1;"> </span>(b)<span style="letter-spacing: -3pt;"> </span><span style="mso-tab-count: 1;"> </span><span style="mso-font-width: 108%;">L</span></span><span style="font-family: "Times New Roman","serif"; font-size: 10.5pt; mso-fareast-font-family: "Times New Roman"; mso-font-width: 108%;">IMITATION<span style="letter-spacing: -2.35pt;"> </span></span><span style="font-family: "Times New Roman","serif"; font-size: 10.5pt; mso-fareast-font-family: "Times New Roman";"><span style="mso-tab-count: 1;"> </span>ON<span style="letter-spacing: -1.7pt;"> </span><span style="mso-tab-count: 1;"> </span></span><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman"; mso-font-width: 102%;">R</span><span style="font-family: "Times New Roman","serif"; font-size: 10.5pt; mso-fareast-font-family: "Times New Roman"; mso-font-width: 112%;">ESTRICTIONS</span><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman"; mso-font-width: 102%;">.—Restrictions</span><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";"><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.9pt 0pt 72.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">9<span style="mso-tab-count: 1;"> </span>imposed<span style="letter-spacing: 0.2pt;"> </span>under<span style="letter-spacing: 2.55pt;"> </span>this<span style="letter-spacing: 2.6pt;"> </span>section<span style="letter-spacing: 1.2pt;"> </span>for<span style="letter-spacing: 1.6pt;"> </span>protection<span style="letter-spacing: 2.15pt;"> </span>of<span style="letter-spacing: 0.8pt;"> </span>species<span style="letter-spacing: 0.4pt;"> </span>listed<o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.95pt 0pt 65.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">10<span style="mso-tab-count: 1;"> </span>as<span style="letter-spacing: 1.6pt;"> </span>endangered<span style="letter-spacing: 1.65pt;"> </span>under<span style="letter-spacing: 1.95pt;"> </span>the<span style="letter-spacing: 1.7pt;"> </span>Endangered<span style="letter-spacing: 3pt;"> </span>Species<span style="letter-spacing: 0.15pt;"> </span>Act<span style="letter-spacing: 0.4pt;"> </span>of<span style="letter-spacing: 0.2pt;"> </span><span style="mso-font-width: 103%;">1973</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.95pt 0pt 65.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">11<span style="mso-tab-count: 1;"> </span>(16 <span style="letter-spacing: 0.6pt;"><span style="mso-spacerun: yes;"> </span></span>U.S.C. <span style="letter-spacing: 0.25pt;"><span style="mso-spacerun: yes;"> </span></span>1531 <span style="letter-spacing: 0.7pt;"><span style="mso-spacerun: yes;"> </span></span>et <span style="letter-spacing: 0.45pt;"><span style="mso-spacerun: yes;"> </span></span>seq.)<span style="letter-spacing: 3.35pt;"> </span>shall<span style="letter-spacing: 3.35pt;"> </span>not <span style="letter-spacing: 0.4pt;"><span style="mso-spacerun: yes;"> </span></span>be<span style="letter-spacing: 2.8pt;"> </span>greater <span style="letter-spacing: 1.8pt;"><span style="mso-spacerun: yes;"> </span></span>than <span style="letter-spacing: 1.8pt;"><span style="mso-spacerun: yes;"> </span></span><span style="mso-font-width: 104%;">the</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.9pt 0pt 65.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">12<span style="mso-tab-count: 1;"> </span>restrictions<span style="letter-spacing: 2.6pt;"> </span>in<span style="letter-spacing: 0.85pt;"> </span>effect<span style="letter-spacing: 0.1pt;"> </span>for<span style="letter-spacing: 0.75pt;"> </span>that<span style="letter-spacing: 3.25pt;"> </span>species<span style="letter-spacing: -0.45pt;"> </span>at<span style="letter-spacing: 2.15pt;"> </span>any<span style="letter-spacing: 0.95pt;"> </span>other<span style="letter-spacing: 1.6pt;"> </span><span style="mso-font-width: 103%;">National</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div class="MsoNormal" style="line-height: normal; margin: 0in -1pt 0pt 68pt; tab-stops: 92.0pt;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">13<span style="mso-tab-count: 1;"> </span><span style="mso-font-width: 101%;">Seashore.</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.9pt 0pt 65.95pt; tab-stops: 117.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">14<span style="mso-tab-count: 1;"> </span>(c) <span style="letter-spacing: 0.2pt;"><span style="mso-spacerun: yes;"> </span></span><span style="mso-font-width: 106%;">C</span></span><span style="font-family: "Times New Roman","serif"; font-size: 10.5pt; mso-fareast-font-family: "Times New Roman"; mso-font-width: 106%;">ORRIDORS <span style="letter-spacing: 1.55pt;"><span style="mso-spacerun: yes;"> </span></span></span><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">A</span><span style="font-family: "Times New Roman","serif"; font-size: 10.5pt; mso-fareast-font-family: "Times New Roman";">ROUND<span style="mso-spacerun: yes;"> </span><span style="letter-spacing: 1.15pt;"><span style="mso-spacerun: yes;"> </span></span></span><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman"; mso-font-width: 105%;">C</span><span style="font-family: "Times New Roman","serif"; font-size: 10.5pt; mso-fareast-font-family: "Times New Roman"; mso-font-width: 105%;">LOSURES</span><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman"; mso-font-width: 105%;">.—To<span style="letter-spacing: 3.6pt;"> </span></span><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">the <span style="letter-spacing: 0.75pt;"><span style="mso-spacerun: yes;"> </span></span><span style="mso-font-width: 98%;">max-</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.9pt 0pt 65.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">15<span style="mso-tab-count: 1;"> </span>imum<span style="letter-spacing: 0.6pt;"> </span>extent<span style="letter-spacing: 1.65pt;"> </span>possible,<span style="letter-spacing: -0.55pt;"> </span>the<span style="letter-spacing: 1.65pt;"> </span>Secretary<span style="letter-spacing: 2.55pt;"> </span>shall<span style="letter-spacing: 0.95pt;"> </span>designate<span style="letter-spacing: 1.5pt;"> </span><span style="mso-font-width: 98%;">pedes-</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.85pt 0pt 65.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">16<span style="mso-tab-count: 1;"> </span>trian <span style="letter-spacing: 1.3pt;"><span style="mso-spacerun: yes;"> </span></span>and<span style="letter-spacing: 3.3pt;"> </span>vehicular<span style="letter-spacing: 2pt;"> </span>corridors<span style="letter-spacing: 3pt;"> </span>of<span style="letter-spacing: 1.7pt;"> </span>minimal<span style="letter-spacing: 2.05pt;"> </span>distance<span style="letter-spacing: 3.4pt;"> </span>on<span style="letter-spacing: 2.2pt;"> </span><span style="mso-font-width: 104%;">the</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.85pt 0pt 65.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">17<span style="mso-tab-count: 1;"> </span>beach <span style="letter-spacing: 0.85pt;"><span style="mso-spacerun: yes;"> </span></span>or <span style="letter-spacing: 1.3pt;"><span style="mso-spacerun: yes;"> </span></span>interdunal <span style="letter-spacing: 3.45pt;"><span style="mso-spacerun: yes;"> </span></span>area <span style="letter-spacing: 2.6pt;"><span style="mso-spacerun: yes;"> </span></span>around <span style="letter-spacing: 2.35pt;"><span style="mso-spacerun: yes;"> </span></span>closures <span style="letter-spacing: 0.75pt;"><span style="mso-spacerun: yes;"> </span></span><span style="mso-font-width: 99%;">implemented</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div class="MsoNormal" style="line-height: normal; margin: 0in -1pt 0pt 68pt; tab-stops: 92.0pt;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">18<span style="mso-tab-count: 1;"> </span>under<span style="letter-spacing: 1.3pt;"> </span>this<span style="letter-spacing: 1.35pt;"> </span>section<span style="letter-spacing: -0.05pt;"> </span>to<span style="letter-spacing: 0.55pt;"> </span><span style="mso-font-width: 93%;">allow<span style="letter-spacing: 0.6pt;"> </span></span>access<span style="letter-spacing: -0.35pt;"> </span>to<span style="letter-spacing: 0.55pt;"> </span>areas<span style="letter-spacing: 1.8pt;"> </span>not<span style="letter-spacing: 0.9pt;"> </span>closed.<o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.95pt 0pt 65.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">19<span style="mso-tab-count: 1;"> </span></span><b><span style="font-family: "Times New Roman","serif"; font-size: 10pt; mso-fareast-font-family: "Times New Roman";">SEC.<span style="mso-spacerun: yes;"> </span><span style="letter-spacing: 1.3pt;"><span style="mso-spacerun: yes;"> </span></span>4. <span style="letter-spacing: 1.9pt;"><span style="mso-spacerun: yes;"> </span></span><span style="mso-font-width: 111%;">INAPPLICABILITY <span style="letter-spacing: 0.4pt;"><span style="mso-spacerun: yes;"> </span></span></span>OF <span style="letter-spacing: 2.5pt;"><span style="mso-spacerun: yes;"> </span></span><span style="mso-font-width: 111%;">FINAL <span style="letter-spacing: 0.4pt;"><span style="mso-spacerun: yes;"> </span></span>RULE <span style="letter-spacing: 0.7pt;"><span style="mso-spacerun: yes;"> </span></span></span>AND<span style="mso-spacerun: yes;"> </span><span style="letter-spacing: 0.85pt;"><span style="mso-spacerun: yes;"> </span></span><span style="mso-font-width: 112%;">CONSENT</span></span></b><span style="font-family: "Times New Roman","serif"; font-size: 10pt; mso-fareast-font-family: "Times New Roman";"><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div class="MsoNormal" style="line-height: normal; margin: 0in -1pt 0pt 68pt; tab-stops: 168.0pt;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">20<span style="mso-tab-count: 1;"> </span></span><b><span style="font-family: "Times New Roman","serif"; font-size: 10pt; mso-fareast-font-family: "Times New Roman"; mso-font-width: 112%;">DEGREE.</span></b><span style="font-family: "Times New Roman","serif"; font-size: 10pt; mso-fareast-font-family: "Times New Roman";"><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.8pt 0pt 65.95pt; tab-stops: 117.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">21<span style="mso-tab-count: 1;"> </span>(a)<span style="letter-spacing: 1.7pt;"> </span><span style="mso-font-width: 111%;">F</span></span><span style="font-family: "Times New Roman","serif"; font-size: 10.5pt; mso-fareast-font-family: "Times New Roman"; mso-font-width: 111%;">INAL<span style="letter-spacing: 1.45pt;"> </span></span><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">R</span><span style="font-family: "Times New Roman","serif"; font-size: 10.5pt; mso-fareast-font-family: "Times New Roman";">ULE</span><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">.—The <span style="letter-spacing: 0.75pt;"><span style="mso-spacerun: yes;"> </span></span>final<span style="letter-spacing: 0.6pt;"> </span>rule<span style="letter-spacing: 1.05pt;"> </span>titled<span style="letter-spacing: 1.45pt;"> </span><span style="mso-font-width: 94%;">‘‘Special<span style="letter-spacing: 0.8pt;"> </span></span><span style="mso-font-width: 98%;">Reg-</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.9pt 0pt 65.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">22<span style="mso-tab-count: 1;"> </span>ulations,<span style="letter-spacing: 3.25pt;"> </span>Areas<span style="letter-spacing: 2.3pt;"> </span>of<span style="letter-spacing: 1.5pt;"> </span>the<span style="letter-spacing: 3pt;"> </span>National <span style="letter-spacing: 0.25pt;"><span style="mso-spacerun: yes;"> </span></span>Park <span style="letter-spacing: 1.35pt;"><span style="mso-spacerun: yes;"> </span></span>System,<span style="letter-spacing: 2.75pt;"> </span>Cape<span style="letter-spacing: 2pt;"> </span><span style="mso-font-width: 108%;">Hat-</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.9pt 0pt 65.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">23<span style="mso-tab-count: 1;"> </span>teras<span style="letter-spacing: 2.7pt;"> </span>National<span style="letter-spacing: 2.3pt;"> </span>Seashore—Off-Road<span style="letter-spacing: 0.85pt;"> </span><span style="mso-font-width: 98%;">Vehicle<span style="letter-spacing: -0.8pt;"> </span>Management’’</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div align="center" class="MsoNormal" style="line-height: normal; margin: 0in 36.9pt 0pt 65.95pt; tab-stops: 89.0pt; text-align: center;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">24<span style="mso-tab-count: 1;"> </span>(77 <span style="letter-spacing: 0.05pt;"><span style="mso-spacerun: yes;"> </span></span>Fed. <span style="letter-spacing: 0.75pt;"><span style="mso-spacerun: yes;"> </span></span>Reg.<span style="letter-spacing: 2.55pt;"> </span>3123–3144) <span style="letter-spacing: 1.35pt;"><span style="mso-spacerun: yes;"> </span></span>shall<span style="letter-spacing: 2.8pt;"> </span>have<span style="letter-spacing: 2pt;"> </span>no<span style="letter-spacing: 2.5pt;"> </span>force<span style="letter-spacing: 1.95pt;"> </span>or<span style="letter-spacing: 2.9pt;"> </span><span style="mso-font-width: 98%;">effect</span><o:p></o:p></span></div><div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><div class="MsoNormal" style="line-height: normal; margin: 0in -1pt 0pt 68pt; tab-stops: 92.0pt;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">25<span style="mso-tab-count: 1;"> </span>after<span style="letter-spacing: 2.15pt;"> </span>the<span style="letter-spacing: 1.05pt;"> </span>date<span style="letter-spacing: 1.5pt;"> </span>of<span style="letter-spacing: -0.45pt;"> </span>the<span style="letter-spacing: 1.05pt;"> </span>enactment<span style="letter-spacing: 2.1pt;"> </span>of<span style="letter-spacing: -0.45pt;"> </span>this<span style="letter-spacing: 1.35pt;"> </span>Act.<o:p></o:p></span></div></div><span style="font-family: "Calibri","sans-serif"; font-size: 11pt; line-height: 115%; mso-ansi-language: EN-US; mso-ascii-theme-font: minor-latin; mso-bidi-font-family: "Times New Roman"; mso-bidi-language: AR-SA; mso-bidi-theme-font: minor-bidi; mso-fareast-font-family: Calibri; mso-fareast-language: EN-US; mso-fareast-theme-font: minor-latin; mso-hansi-theme-font: minor-latin;"><br clear="all" style="mso-break-type: section-break; page-break-before: always;" /> </span> <br />
<div class="MsoNormal" style="line-height: 8pt; margin: 0.1pt 0in 0pt; mso-line-height-rule: exactly;"><br />
</div><br />
<div class="MsoNormal" style="line-height: normal; margin: 0in -1pt 0pt 75pt; tab-stops: 120.0pt;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">1<span style="mso-tab-count: 1;"> </span>(b)<span style="letter-spacing: 1.05pt;"> </span><span style="mso-font-width: 107%;">C</span></span><span style="font-family: "Times New Roman","serif"; font-size: 10.5pt; mso-fareast-font-family: "Times New Roman"; mso-font-width: 107%;">ONSENT<span style="letter-spacing: 1.8pt;"> </span></span><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman"; mso-font-width: 107%;">D</span><span style="font-family: "Times New Roman","serif"; font-size: 10.5pt; mso-fareast-font-family: "Times New Roman"; mso-font-width: 107%;">ECREE</span><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman"; mso-font-width: 107%;">.—The<span style="letter-spacing: 0.2pt;"> </span></span><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">April<span style="letter-spacing: -0.35pt;"> </span>30,<span style="letter-spacing: 1.05pt;"> </span>2008,<span style="letter-spacing: 1.5pt;"> </span>consent<o:p></o:p></span></div><br />
<div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";"><span style="font-family: Calibri;"> </span>2<span style="mso-tab-count: 1;"> </span>decree<span style="letter-spacing: 2.4pt;"> </span>filed<span style="letter-spacing: 2.1pt;"> </span>in<span style="letter-spacing: 3.25pt;"> </span>the <span style="letter-spacing: 0.35pt;"><span style="mso-spacerun: yes;"> </span></span>United <span style="letter-spacing: 0.4pt;"><span style="mso-spacerun: yes;"> </span></span>States <span style="letter-spacing: 2pt;"><span style="mso-spacerun: yes;"> </span></span>District <span style="letter-spacing: 1.75pt;"><span style="mso-spacerun: yes;"> </span></span>Court <span style="letter-spacing: 0.6pt;"><span style="mso-spacerun: yes;"> </span></span>for<span style="letter-spacing: 3.15pt;"> </span><span style="mso-font-width: 104%;">the</span><o:p></o:p></span></div><br />
<div class="MsoNormal" style="line-height: 9.5pt; margin: 0.4pt 0in 0pt; mso-line-height-rule: exactly;"><br />
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<div class="MsoNormal" style="line-height: normal; margin: 0in -1pt 0pt 75pt; tab-stops: 92.0pt;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">3<span style="mso-tab-count: 1;"> </span>Eastern <span style="letter-spacing: 1.35pt;"><span style="mso-spacerun: yes;"> </span></span>District <span style="letter-spacing: 0.1pt;"><span style="mso-spacerun: yes;"> </span></span>of<span style="letter-spacing: 0.7pt;"> </span>North<span style="letter-spacing: 3.15pt;"> </span>Carolina<span style="letter-spacing: 2pt;"> </span>regarding<span style="letter-spacing: 3.1pt;"> </span>off-road<span style="letter-spacing: 1.05pt;"> </span>ve-<o:p></o:p></span></div><br />
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<div class="MsoNormal" style="line-height: normal; margin: 0in -1pt 0pt 75pt; tab-stops: 92.0pt;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">4<span style="mso-tab-count: 1;"> </span>hicle<span style="letter-spacing: 1.85pt;"> </span>use<span style="letter-spacing: 3.2pt;"> </span>at <span style="letter-spacing: 1.1pt;"><span style="mso-spacerun: yes;"> </span></span>Cape<span style="letter-spacing: 2.9pt;"> </span>Hatteras<span style="mso-spacerun: yes;"> </span><span style="letter-spacing: 0.4pt;"><span style="mso-spacerun: yes;"> </span></span>National <span style="letter-spacing: 1.15pt;"><span style="mso-spacerun: yes;"> </span></span>Seashore <span style="letter-spacing: 0.2pt;"><span style="mso-spacerun: yes;"> </span></span>in<span style="letter-spacing: 3.3pt;"> </span><span style="mso-font-width: 105%;">North</span><o:p></o:p></span></div><br />
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<div class="MsoNormal" style="line-height: normal; margin: 0in -1pt 0pt 75pt; tab-stops: 92.0pt;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">5<span style="mso-tab-count: 1;"> </span>Carolina<span style="letter-spacing: 2.9pt;"> </span>shall<span style="letter-spacing: 2.4pt;"> </span>not<span style="letter-spacing: 2.95pt;"> </span>apply<span style="letter-spacing: 2.1pt;"> </span>after <span style="letter-spacing: 0.7pt;"><span style="mso-spacerun: yes;"> </span></span>the<span style="letter-spacing: 3.1pt;"> </span>date <span style="letter-spacing: 0.05pt;"><span style="mso-spacerun: yes;"> </span></span>of<span style="letter-spacing: 1.6pt;"> </span>the<span style="letter-spacing: 3.1pt;"> </span><span style="mso-font-width: 103%;">enactment</span><o:p></o:p></span></div><br />
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<div class="MsoNormal" style="line-height: normal; margin: 0in -1pt 0pt 75pt; tab-stops: 92.0pt;"><span style="font-family: "Times New Roman","serif"; font-size: 14pt; mso-fareast-font-family: "Times New Roman";">6<span style="mso-tab-count: 1;"> </span>of<span style="letter-spacing: -0.45pt;"> </span>this<span style="letter-spacing: 1.35pt;"> </span>Act.</span></div><div class="MsoNormal" style="line-height: normal; margin: 0in -1pt 0pt 75pt; tab-stops: 92.0pt;"><br />
</div><div class="MsoNormal" style="line-height: normal; margin: 0in -1pt 0pt 75pt; tab-stops: 92.0pt;"><br />
</div>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.<br />
<br />
<a href="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">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</a><br />
<br />
if you use facebook..if not, use this link.<br />
<br />
<a href="http://www.change.org/petitions/the-us-senate-remove-the-orv-rule-and-provide-free-and-open-access">http://www.change.org/petitions/the-us-senate-remove-the-orv-rule-and-provide-free-and-open-access</a><br />
<br />
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.<br />
Now I think I'll take a nap, well deserved, I think.<br />
<br />
Tight Lines,<br />
<br />
Wheat.Wheathttp://www.blogger.com/profile/06985997394412790634noreply@blogger.com4tag:blogger.com,1999:blog-5430376008625901414.post-90735332578307261962012-02-18T12:47:00.001-05:002012-02-18T12:52:19.046-05:00Reading Off Of The Same PageAs 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.<br />
<br />
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.<br />
<br />
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.<br />
<br />
So here are some basic points that should help. At least that's my hope.<br />
<br />
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.<br />
<br />
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.<br />
<br />
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".<br />
<br />
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.<br />
<br />
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)<br />
<br />
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.<br />
<br />
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.<br />
<br />
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.<br />
<br />
6) The ban on night driving is based upon supposition and not science.<br />
<br />
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.<br />
<br />
8) The newly established pedestrian only areas over lap with traditional bird nesting areas which will preclude even pedestrian access.<br />
<br />
9) There is no meaningful access for mobility impaired persons.<br />
<br />
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.<br />
<br />
This is Americas Beach, not the private playground of NPS and their environmentalist buddies.<br />
<br />
Tight Lines,<br />
<br />
WheatWheathttp://www.blogger.com/profile/06985997394412790634noreply@blogger.com8tag:blogger.com,1999:blog-5430376008625901414.post-83031972217492208562012-02-15T15:49:00.000-05:002012-02-15T15:49:22.050-05:00Well, Today I Went And Saw The ElephantNow that may seem like a funny thing to say but back during the War for Southern Independence (1861-1865), the phrase was referred to as having gone to battle. For example, one soldier would ask another "have ya seen the elephant?" meaning had they been in the fight yet.<br />
<br />
Well today, I saw it up close and even watched an educational film about it. Yes folks, I, and a group of friends, became the first graduating class of the new NPS "rule" that went into effect at 12:01 am this morning.<br />
<br />
When I arrived I was surprised that so few where there but I was to glad to find that I knew just about everybody present. One by one we filed into the front office and were greeted by NPS staff who handed us a clipboard with a form to fill out with all of our pertinent information which then had to be checked against our license and vehicle registration. <br />
<br />
Mind you, this is all being done in a relatively small trailer so there were only but so many clipboards and not much room to sit or maneuver even though there were perhaps ten of us in the room. <br />
<br />
<div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhkVJQneMP_IdeR8vslbue4gl7DG-3uboHyj6g6mZnvdp4bLro29a-lQLCNEMNaxnJw4bfVicJJ684FQR4fmdPQfvv9r9-Qx6675zidZN8loI5sp6J41Z0tNZbO7BX3RnYvyNS2FPHNihw/s1600/Permit+Day+019.JPG" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="240" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhkVJQneMP_IdeR8vslbue4gl7DG-3uboHyj6g6mZnvdp4bLro29a-lQLCNEMNaxnJw4bfVicJJ684FQR4fmdPQfvv9r9-Qx6675zidZN8loI5sp6J41Z0tNZbO7BX3RnYvyNS2FPHNihw/s320/Permit+Day+019.JPG" width="320" /></a></div> Permit Trailer<br />
<br />
From there, we were shuttled, after our papers were inspected, into the "theatre" which I believe has 15 seats, to learn how to drive on the beach. With all due respect, cough, cough, even the NPS employees that I have helped dig out over the years would have learned nothing from this film except to pick up trash which they simply wont do. I don't know how much we, the taxpayer, paid for this film, but can we have our money back please? Though I must admit, NPS finally came out and said 2WD vehicles are NOT recommended, albeit still allowed.<br />
<br />
From there, we came to a small door where two NPS staff took our funds and issued the permit. A lengthy process at best as everyone gets packed up into the hallway. As we were standing there, I could hear the movie begin yet again so at least NPS has a system in place. But come the holiday weekends, there is no way they will be able to process the numbers of visitors that wish to access the Seashore.<br />
<br />
I might add that at no point during this film did NPS mention the carrying capacities that are part of the new "rule" which I find exceptionally deceptive. They will move you through this entire process, let you pay for your permit, but never inform you that you may not be allowed on the beach to get where you want to go via your vehicle because of this arbitrary and capricious "carrying capacity".<br />
<br />
Mark my words folks, it was simple with just ten folks, but things aren't going to be so much fun for NPS when a family from far away comes down and goes through this process only to find they cant access the beach.<br />
<br />
Well that was my experience. I can only imagine the nightmare that will follow.<br />
<br />
If you have questions, I suggest you e-mail Cyndy Holda at <a href="mailto:Cyndy_Holda@nps.gov">Cyndy_Holda@nps.gov</a><br />
<br />
I would also ask that you join either OBPA, <a href="http://www.obpa.org/">www.obpa.org</a> or<br />
NCBBA, <a href="http://www.ncbba.org/">www.ncbba.org</a> and help us fight the fight for free and open beach access.<br />
<br />
Tight Lines,<br />
<br />
WheatWheathttp://www.blogger.com/profile/06985997394412790634noreply@blogger.com7tag:blogger.com,1999:blog-5430376008625901414.post-33093091190108514922012-02-09T18:07:00.001-05:002012-02-10T09:22:57.946-05:00The Long Awaited Day Has ComeThanks to all that never lost faith and continued to support our efforts for free and open access.<br />
<br />
For Immediate Release:<br />
<br />
<div class="text_exposed_root text_exposed" id="id_4f344a3a532b97463390508">Local Community Group Challenges New National Park Service Off-Road Vehicle Restrictions at Cape Hatteras Proper review of alternatives and socioeconomic impacts required, says group’s filing. Buxton, NC (February 9, 2012) – The Cape Hatteras Access Preservation Alliance (CHAPA) t<span class="text_exposed_hide">...</span><span class="text_exposed_show">oday filed suit challenging the National Park Service’s (NPS) issuance of a new management plan and special rule regulating off-road vehicle (ORV) use at Cape Hatteras National Seashore Recreational Area. The lawsuit seeks to prohibit NPS from imposing severe new restrictions on ORV use within the Recreational Area in accordance with the agency’s recently released Cape Hatteras ORV Management Plan/Final Environmental Impact Statement and Special Regulations governing ORV management at the Recreational Area. Since before the establishment of the Recreational Area, ORV access to and over the beaches of North Carolina’s Outer Banks has been fundamental to the use and enjoyment of the area by residents, visitors, and local businesses. “The Park Service’s new ORV management plan and rules, if implemented, will have a devastating effect on our unique, local shore-oriented culture and economy,” said John Couch, President of the Outer Banks Preservation Association (OBPA). “The OBPA and CHAPA have fought to keep the Cape Hatteras National Seashore Recreational Area beaches free and open to residents and visitors since 1977. OBPA and CHAPA continuously have maintained that reasonable ORV access and bird and turtle species protection are not mutually exclusive. Unfortunately, the Park Service overlooked reasonable recommendations and information that OBPA and CHAPA put forth during the planning process that would have resulted in an ORV management plan and rules that both protect wildlife resources and ensure reasonable ORV access to and over the area’s beaches.” Throughout the ORV planning and rulemaking process, CHAPA’s goal has been to work with NPS to develop a comprehensive ORV use and management plan that will meet the concerns of protecting the Recreational Area’s resources without compromising the distinctive lifestyle and economic health of the islands that make up the Outer Banks. CHAPA has advocated the protection and preservation of Seashore beaches within a framework of responsible and meaningful access to the ocean beaches and sound for all users, including pedestrians and properly licensed drivers and their vehicles. According to the complaint filed by CHAPA in the United States District Court for the District of Columbia, the imposition of new, severe restrictions was “foreordained from the time that NPS began its planning process.” As set forth in the complaint, the Park Service’s planning and environmental review process under the National Environmental Policy Act was plagued by a series of failures. These include, among others: a failure to give meaningful consideration to views, data, or information that were contrary to NPS’s desire to impose more severe restrictions on ORV access and use; a failure to look at reasonable alternatives, including smaller and more flexible buffer and closure areas; and a failure to properly assess impacts on the local economy. The complaint asks the court to determine that NPS acted improperly and to prevent NPS from implementing its final ORV management plan and rules. ### The Cape Hatteras Access Preservation Alliance (CHAPA) is a project of the Outer Banks Preservation Association (OBPA), which is dedicated to preserving and protecting a lifestyle historically prevalent on the Outer Banks of North Carolina, and specifically at the Cape Hatteras National Seashore Recreational Area (CHNSRA). With over 10,000 active members (representing over 38 states and Canada), OBPA and CHAPA work to protect and preserve local beaches within a framework of free and open beach access for all users, including properly licensed drivers and vehicles. Contacts: John Couch President OBPA president@obpa-nc.org Jim Keene Director, North Carolina Beach Buggy Association contactus@ncbba.org David Scarborough Treasurer OBPA <a href="mailto:treasurer@obpa-nc.org">treasurer@obpa-nc.org</a></span><br />
<br />
<a href="http://www.obpa-nc.org/Rule/CHAPA-complaint.pdf">http://www.obpa-nc.org/Rule/CHAPA-complaint.pdf</a></div><div class="text_exposed_root text_exposed"></div><div class="text_exposed_root text_exposed"></div><div class="text_exposed_root text_exposed"><span class="text_exposed_show">Tight Lines,</span></div><div class="text_exposed_root text_exposed"></div><div class="text_exposed_root text_exposed"><span class="text_exposed_show">Wheat</span></div>Wheathttp://www.blogger.com/profile/06985997394412790634noreply@blogger.com0tag:blogger.com,1999:blog-5430376008625901414.post-82463388417981393342012-02-03T03:15:00.000-05:002012-02-03T03:15:38.042-05:00Once Upon A TimeOnce upon a time, in days when I was much younger, I fell in love with a magical place named Cape Hatteras.<br />
<br />
Set miles out to sea from the North Carolina mainland, it stands as a unique and very special place where wind and tides shape the shore, where the sea surrounds, where wildlife was abundant, and fishing often spectacular. This is a place where one can stand on Cape Point and watch the sun rise over one shoulder and set over the other, both events occurring over the ocean, without ever having to move an inch. <br />
<br />
It is a place that inspires song, works of art, and poetry, a place that digs deep into the soul and brings forth emotions not felt in the "real" world as an off-island experience is often called down here.<br />
<br />
There is just something extraordinary about this place. Something intangible and indescribable. Something that you have to visit here to grasp. Once done however, once discovered, leaving this place leaves one with a sense of longing that can never be satisfied until they return. Many generations, many families, have been raised on the traditions surrounding these beaches whether they were raised here or came from afar.<br />
<br />
We're not like the northern beaches of Nags Head and the like. There aren't endless miles of development down here. Instead, eight small villages dot the map and make up such a small portion of these islands that once through them, you hardly remember they exist at all.<br />
<br />
But now our Federal Government wants to shut down all of our beaches and absolutely destroy our entire economy. And according to Cyndy Holda, Chief Information Officer for the National Park Service around these parts, as per a "press release" on the first of February, this, among other things, is being done to preserve our unique Island culture. <br />
<br />
Right, so you shut down our beaches, starve our economy, make it virtually impossible for anyone to get out to the beach so you can preserve our culture. And if that isn't enough, you're going to charge us for the privilege of destroying our way of life to boot so you can preserve our culture.<br />
<br />
NPS has made some spectacular claims in the past, but this one tops them all, it surely does. <br />
<br />
I think that you and Mr Murray owe a substantial apology to all the residents of these islands and the American people at large. You should carry your head in shame.<br />
<br />
I don't know what sort of kool aid you consume Madame Holda, but how you believe that by destroying a way of life and the culture that has been extant since before your agency arrived on these islands is tantamount to preserving same, is beyond me. It's obviously beyond you as well..just not in the same way.<br />
<br />
You cannot destroy to preserve.<br />
<br />
That's all I have to say except I look forward to the day where you are removed from your job.<br />
<br />
Tight Lines,<br />
<br />
WheatWheathttp://www.blogger.com/profile/06985997394412790634noreply@blogger.com4tag:blogger.com,1999:blog-5430376008625901414.post-39295839942300841932011-11-11T17:35:00.002-05:002011-11-11T17:58:22.932-05:00Of Water And NPS Misinformation (again)It's a rare thing when I sit down to write these posts. So rare that from time to time I've had complaints about the delay but as I've often explained, I would prefer to be able to tie things together rather than toss out one little complaint after another. To me, it makes more sense to wait and if there is one thing that has proven itself repeatedly since I began to write this blog, If you wait long enough, the "darkside", identified as the National Park Service, the Southern Environmental Law Center, Defenders of Wildlife, or the Audubon Society, all of whom wish to severely limit human presence at Cape Hatteras National Seashore Recreational Area, your patience will prove to provide fodder for condemnation of their activities.<br />
<br />
Those involved or familiar with this fight against the aforementioned environmental groups and their NPS cronies have also struggled to understand why it is so difficult to get any honest media attention relative to the happenings at the Seashore and the intentions of the "darkside". Granted, there have been exceptions occasionally though it remains true that the most trusted media source for information I could ever think of is the Island Free Press. <a href="http://www.islandfreepress.org/">http://www.islandfreepress.org/</a><br />
<br />
There are of course, other blogs and media that deal with NPS issues and management practice here, most notably, the National Parks Traveller and its author, Kurt Repansheck who has written many a post regarding the Seashore over the last years, most of which take the words of the environmental groups and their NPS pets as gospel while often disregarding contradictory information provided by those of us that actually live or visit here.<br />
<br />
Today was no exception as Repansheck decided to take on the very same standing water issues around the access points at ramps 43 and 44 as well as the campground by Cape Point that I and many others have been complaining about since September; to no avail. This is not a new issue nor are the complaints surrounding it. And as one may accurately surmise, relevant NPS complacency is not a new thing either.<br />
<br />
Repanshecks first major error was to contact Cyndy Holda as a "reliable" source of information for his article. Though she may be the Chief Information Officer for the Seashore, generally speaking, the information she provides is almost consistently inaccurate, perhaps willfully untruthful, or a combination of both.<br />
<br />
In his first paragraph, Repansheck states that our water tables were very high this year (information apparently provided by NPS) though he apparently doesn't realize that this portion of Hatteras Island was incredibly dry virtually all spring and summer and our entire water supply comes from well systems. Hardly a recipe for high water tables. Even Hurricane Irene only dropped 6.5 inches of water in the Buxton area where this problem lies, leaving us still far short of average rainfall for the area.<br />
<br />
He then goes on to state that: "quick solutions, though, are not readily available, as various state and federal laws prevent the park from simply draining the water away."<br />
<br />
This is simply untrue. As stated before, during my first post on this subject, as per Jan DeBlieu, North Carolina Coastal Federation, NPS needs do nothing more than get a permit from the N.C Division of Water Quality to drain this water to the level where the road and campground are clear and dry.<br />
<br />
The next paragraph again shows Holda's ignorance and what's so amazing to me is that the very thing she uses as an excuse to prevent drainage is that which will allow USFWS to reconstruct the impoundments at Pea Island and replace their drain system that got destroyed during Irene because they are "grandfathered" in and can be repaired or replaced. <br />
<br />
"While the national seashore has a drainage ditch system, it was built "decades ago before the Wetlands Protection Act and other modern environmental laws came into existence," says Cyndy Holda, the seashore's spokeswoman."<br />
<br />
The following paragraph stunned me. "The ditches were meant to reduce water levels in and around Cape Point Campground, which was built in a wetland, but ironically the drainage system had no fixed outlet, so the system holds water rather than drains it."<br />
<br />
First of all, the campground was built upon what had been the old radar site which photos from as far back as the 1940's show was very little wetlands and was surely not a campground.<br />
<br />
<div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhV0efehZE3vsmeDkzMcFVo4MwFr0LTO5vsSZXqa0Fm2oq-jzM7FKJje1RO3_2NopB6tXH39qsIeuT-Tu9MfUzsNhEjJX6_l6MUUNp0Baof3c_L20mPqoj6X0cqax6Q8QEJjLLdmLOU59g/s1600/hcape%25252520hatteras%252525202.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="313" nda="true" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhV0efehZE3vsmeDkzMcFVo4MwFr0LTO5vsSZXqa0Fm2oq-jzM7FKJje1RO3_2NopB6tXH39qsIeuT-Tu9MfUzsNhEjJX6_l6MUUNp0Baof3c_L20mPqoj6X0cqax6Q8QEJjLLdmLOU59g/s400/hcape%25252520hatteras%252525202.jpg" width="400" /></a></div><br />
<br />
<div class="separator" style="clear: both; text-align: center;"></div>Secondly, her claim that there is no "fixed" drainage outlet is patently false. contained within the "Assessment of Coastal Water Resources and Watershed Conditions at Cape Hatteras National Seashore, North Carolina<br />
Michael A. Mallin, Matthew R. McIver and Virginia L. Johnson Technical Report NPS/NRWRD/NRTR- 2006/351 is a very clear portrayal of the very thing she claims does not exist.<br />
<br />
<div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjlt_fhGtHjExs8mygQLF1K_sB_XTolE70C1H1Tt-jc5-bXjK815dVvbLqq1ImKI_mzt_cNAjt42Q_lG-HKR7AjbtM-45HgjJcOqXoanJjbkeTaDwfHwZn-D-t7_mzdG7tZgWxGJEafi-4/s1600/img027.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="233" nda="true" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjlt_fhGtHjExs8mygQLF1K_sB_XTolE70C1H1Tt-jc5-bXjK815dVvbLqq1ImKI_mzt_cNAjt42Q_lG-HKR7AjbtM-45HgjJcOqXoanJjbkeTaDwfHwZn-D-t7_mzdG7tZgWxGJEafi-4/s400/img027.jpg" width="400" /></a></div>For example, on page 21, figure 2, a very clear drain and drain path is labeled. The author also goes on to mention that "Some are drained through a large pond area into the ocean, while some of the wetlands on the south side of the island (meaning the area around Cape Point) are drained through a gated culvert (plate 6)(shown below) <strong>operated by NPS</strong>.."<br />
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<div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEim4kQuJN2hRlpLbMHhG5UmWQvziCQuHszIxXpGZFP97q6MS1_wABCfFYw9ov9R9TDaXByobJ3p0lhZRsATonnVrg2RMwbCgVnqtiRTa14L558pPPzafrKCw8ChN-jG84Wui5HGfsInz3E/s1600/img028.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="310" nda="true" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEim4kQuJN2hRlpLbMHhG5UmWQvziCQuHszIxXpGZFP97q6MS1_wABCfFYw9ov9R9TDaXByobJ3p0lhZRsATonnVrg2RMwbCgVnqtiRTa14L558pPPzafrKCw8ChN-jG84Wui5HGfsInz3E/s400/img028.jpg" width="400" /></a></div><div class="separator" style="clear: both; text-align: center;"><br />
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And for the record, here is the drain in action.<br />
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<div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEibh8FpgNLi3_vBdp0-z8J9IQ7QdkhKEAqSs0A1JVj8cDjXNBlpAVOz-JQD2d6FiKL45JAuPoO3dNzNs_9b60jTISvulNy6Bob1RfwInH1Gri4O016TLsPnwO5tlcFvuFC1FyRLHn9nweQ/s1600/IM002247.JPG" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="300" nda="true" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEibh8FpgNLi3_vBdp0-z8J9IQ7QdkhKEAqSs0A1JVj8cDjXNBlpAVOz-JQD2d6FiKL45JAuPoO3dNzNs_9b60jTISvulNy6Bob1RfwInH1Gri4O016TLsPnwO5tlcFvuFC1FyRLHn9nweQ/s400/IM002247.JPG" width="400" /></a></div><br />
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Clearly, either NPS through Cyndy Holda, or both intend to misinform. Her next quoted statement rings at least partially true though as explained in my blog post twice back, NPS got in trouble because they never bothered to get a permit, not because they drained the excess water.<br />
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"In years past, she says, the seashore staff would use heavy equipment to trench ditches to drain the water from wetlands areas and roads to the beach. However, when crews did that in 2004 the North Carolina Division of Water Quality issued a Notice of Violation to the seashore for violating state laws that prohibit draining wetlands, the spokeswoman added."<br />
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Perhaps the most frightening part is hearing that NPS might consider raising the roadway especially in light of the fact that prior to Hurricane Isabel in 2003, almost the entire drive from the entrance to that portion of the Seashore was green with pines and live oaks until you arrived at the campground entrance. Not to mention the unnecessary cost to taxpayers and if NPS's work on ramp 44 is any indication of whats to come..God help us all.<br />
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NPS destroyed these woods by not utilizing the drains that were extant and effectively created man made impoundments that hold water and killed the vegetation contained therein.<br />
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Ironically, The various mammalian species attracted to the very environment NPS created are slaughtered by the hundreds all the while putting human health at risk.<br />
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The hilarious part of Holda's statements comes when she refers to "the eastern part of lighthouse road" Presumably she refers to the northbound lane..yea right. Hey Cyndy..Lighthouse road generally travels north-south, not east-west. You, madam, continue to remain an embarrassment to this Seashore. Might I suggest you take some time off from advancing your agenda and actually educating yourself about how things work here? Or perhaps as you suggested to Bob Eakes, a shop owner that's been in business here for 30 odd years, you're young enough to find another line of work. That might work better for all of us. I still won't forgive for not moving the turtle nests I called you about years ago that NPS ended up plowing into the sea because they drowned.<br />
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And Kurt, with respect, next time you want to find out what's actually going on here, as in the Seashore, I suggest you talk to someone who knows. By the by, NPS would not be my first choice. <br />
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The National Parks Traveler article can be found here: <a href="http://www.nationalparkstraveler.com/2011/11/high-water-table-wetlands-causing-flooding-cape-hatteras-national-seashore9010">http://www.nationalparkstraveler.com/2011/11/high-water-table-wetlands-causing-flooding-cape-hatteras-national-seashore9010</a><br />
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Tight lines, <br />
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WheatWheathttp://www.blogger.com/profile/06985997394412790634noreply@blogger.com3tag:blogger.com,1999:blog-5430376008625901414.post-77799319127224297052011-11-10T19:14:00.002-05:002011-11-16T12:54:28.935-05:00An Update On The Flooding Situation At 43-44 And The CampgroundWell folks, since my last post we still have issues with standing water and hoards of mosquitoes in the same areas as before which has again been compounded by the NPS refusal to protect this area and the residents and visitors of CHNSRA by rebuilding the ocean dune structure along this area.<br />
<br />
The net effect of their inaction and excuses has created many an issue for visitors and residents as mentioned before, but it also serves to deny pedestrian access an this area as the small parking lots have remained flooded.<br />
<br />
Another concern of course is that anyone traversing these flooded areas on foot are going to be exposed to coliform bacteria. And the more evaporation that occurs, the greater the concentrations and the greater the likelihood of disease being transmitted to both humans and animals. <br />
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So I went out again equipped with the camera to record this prime example of dysfunctional NPS management. Interestingly, the water levels had receded quite a bit since yesterday which I found rather odd considering how long and how deeply this area has been flooded.<br />
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Imagine my surprise when I discovered that NPS had cut drains to move water from the parking lots to another area that generally remains somewhat dry.<br />
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<div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEge0-_cdP7EKWE87rGlDGAwhg-LK9S5XdYAWO0u-mQOf6zoxF1WcchShKgEQzwjnULHdePz_XzP5I3zul81sLcEG-pvTA9S_-ilCSu9J_gPN4xdhGGewT2pdKeUmNcmHRQmyKPWCI_892o/s1600/Water+at+44+11.10.11+052.JPG" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="300" nda="true" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEge0-_cdP7EKWE87rGlDGAwhg-LK9S5XdYAWO0u-mQOf6zoxF1WcchShKgEQzwjnULHdePz_XzP5I3zul81sLcEG-pvTA9S_-ilCSu9J_gPN4xdhGGewT2pdKeUmNcmHRQmyKPWCI_892o/s400/Water+at+44+11.10.11+052.JPG" width="400" /></a></div> Here is the drain cut this morning.<br />
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<div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi06N9FhKM59iNXRtUiyK4DX8xszYJTulNwOX7ZzceYYpjWvDhf5DsvoIg_wTu624neFjTiNWP6dN5xr4XBvx38JuZ7ETdplBwBuMnKiHMidmOhp8UJjZW7L9_wf4fuqIIasgqKmgM_AD8/s1600/Water+at+44+11.10.11+054.JPG" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="300" nda="true" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi06N9FhKM59iNXRtUiyK4DX8xszYJTulNwOX7ZzceYYpjWvDhf5DsvoIg_wTu624neFjTiNWP6dN5xr4XBvx38JuZ7ETdplBwBuMnKiHMidmOhp8UJjZW7L9_wf4fuqIIasgqKmgM_AD8/s400/Water+at+44+11.10.11+054.JPG" width="400" /></a></div>Heavy equipment track by the drain.<br />
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Well at least explains why some of the water is gone. What it doesn't explain is why now and why did it take so long for these people to get up and do something?<br />
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Of course the campground is still somewhat flooded and horribly loaded with mosquitoes. I was overwhelmed within seconds to take this picture. Note the deer..they poop where the go, into the water or not.<br />
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<div class="separator" style="clear: both; text-align: center;"></div><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj836pR7NUBaWKIxn3Q_Fyk1X8uVAoaPYkNzYlcU5CQr6uxG6LSLKYrtEplJbPiLVfiwPqoAkBCpe6xXCHQBxHlvuKSd9F5PHyqGauG3ZS4Q8mD9VB7ktbsCwIU16r2CS9p-0XiMLT_7UI/s1600/Water+at+44+11.10.11+063.JPG" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="300" nda="true" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj836pR7NUBaWKIxn3Q_Fyk1X8uVAoaPYkNzYlcU5CQr6uxG6LSLKYrtEplJbPiLVfiwPqoAkBCpe6xXCHQBxHlvuKSd9F5PHyqGauG3ZS4Q8mD9VB7ktbsCwIU16r2CS9p-0XiMLT_7UI/s400/Water+at+44+11.10.11+063.JPG" width="400" /></a></div><br />
So, it looked like to me that NPS was finally trying to clear the ramps and parking lots though at the time I was there, more needed drained though it was flowing out, albeit slowly, during my visit. There is still a ways to go.<br />
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<div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEifSeI5etZUrS_LskcPTXsyngSNSG9N3JDZ5LmJMxa2cwb9guAtPalOTDly9p8QdZ7LFX0dYlG1oT9aFGoMhb6RXlqcUR-AaUN_xv3v9jQ053ge_tY7AsWN0-2Kyu-enxzOxkSGrobmMPU/s1600/Water+at+44+11.10.11+058.JPG" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="300" nda="true" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEifSeI5etZUrS_LskcPTXsyngSNSG9N3JDZ5LmJMxa2cwb9guAtPalOTDly9p8QdZ7LFX0dYlG1oT9aFGoMhb6RXlqcUR-AaUN_xv3v9jQ053ge_tY7AsWN0-2Kyu-enxzOxkSGrobmMPU/s400/Water+at+44+11.10.11+058.JPG" width="400" /></a></div>Underwater parking available at the fish cleaning station complete with the NPS mandated "preserve sightscapes" orange dumpster.<br />
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<div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgX2Krz7R1142r9mh2axyXCu33d9QrOkYIhIpInX2lhzAYUAdBeYEJlhteCgavw8cibgExSFD2EwipgK6_uWgrFW2pq0zUqdJGKVGHrRWlLW6RuI0EVqRT0wl0-NIOeOjSHTaRPwrjhLJs/s1600/Water+at+44+11.10.11+051.JPG" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="300" nda="true" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgX2Krz7R1142r9mh2axyXCu33d9QrOkYIhIpInX2lhzAYUAdBeYEJlhteCgavw8cibgExSFD2EwipgK6_uWgrFW2pq0zUqdJGKVGHrRWlLW6RuI0EVqRT0wl0-NIOeOjSHTaRPwrjhLJs/s400/Water+at+44+11.10.11+051.JPG" width="400" /></a></div>The road leading to the pedestrian parking by ramp 43.<br />
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As you can see. there is a lot more outflow that needs to flow occur before they become open for safe access for pedestrians and available for parking for the visiting public.<br />
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In a phone conversation that started only minuets after I returned home, the question as to why now, why after all this time has NPS finally acted? The answer was short and simple, "it's because this is ""Wings Over Water"" weekend". The weekend that members of the very organizations who want this Seashore shut down to a "normal" visitor, flock to the islands to watch shorebirds and migrating waterfowl. The very people who have brought lawsuits against NPS to curtail access to CHNSRA for all but themselves. The same people who a few years ago were given keys to the otherwise closed campground while access through same to ramp 45 was not allowed for anyone else.<br />
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So in the end, this is not just one more example of incompetence on the part of NPS, but also a glaring show of outright prejudice against the majority of visitors to these public lands.<br />
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Once again I'm disgusted and outraged.<br />
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Tight Lines, <br />
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Wheat<br />
<br />
(Authors note: if you're interested in my rebuttal to Kurt Repanshecks 11/11/11 article in his National Parks Traveller article, it's available here, as he obviously wont publish it..) <a href="http://wheatseyeonhatterasislandnc.blogspot.com/">http://wheatseyeonhatterasislandnc.blogspot.com/</a>Wheathttp://www.blogger.com/profile/06985997394412790634noreply@blogger.com0tag:blogger.com,1999:blog-5430376008625901414.post-23335357926156893862011-10-10T18:08:00.002-04:002011-10-13T17:52:44.826-04:00I Was Asked A QuestionSometimes it seems as though if I sit back and wait long enough, the National Park Service will yet again create a situation, or allow a situation to occur, that boggles the mind. In fact, when it comes to how this region is managed by both NPS and USFWS, at least for those of us that pay attention to the details, the reality of same can be staggering.<br />
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The other day, during discussions regarding the incredible mosquito outbreak here on Hatteras Island, I was asked by my good friend Kim, a very talented local artist, "why is it that this Seashore is so poorly managed and why does NPS let it fall apart like they do?"<br />
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That, of course, is a question I cannot answer because it makes no sense to me either. Cape Hatteras National Seashore Recreational Area is the nations first National Seashore and to date is the only National Seashore Recreational Area in this vast country we call home. Visitors arrive here from all over the United States, Canada and even Europe. What they find upon arrival is becoming an embarrassment to the people of this nation as it becomes increasingly obvious that NPS neither cares for this area and is intent upon the idea of driving humans away from a resource that they have been told by congress to develop for recreational use as needed. <br />
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I think it is a fair assumption that in order to follow the stated direction of congress, NPS would be required to maintain this Seashore and its regions for the purpose of recreational use as directed.<br />
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As many are aware, at the end of August this year, Hurricane Irene took a long slow voyage through the Pamlico Sound which ended up dumping about six and a half inches of rain here in Buxton, the "elbow" of Hatteras Island. This is the point where the island turns Southwest and terminates at Hatteras Inlet, separating Hatteras from Ocracoke Island. because of the way the storm passed, the southern end of the island fared reasonably well though our neighbors to the north, Avon, Rodanthe, Waves, and Salvo were hit with extreme soundside flooding which came with such force it destroyed significant sections of our lifeline, N.C. 12, wiped out many homes and businesses and even broke through or flowed over the ocean side dunes. <br />
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What compounded the issue was a low pressure system, that for a time, was stuck on the Great Lakes which drew a significant amount of moisture up from the Gulf of Mexico. Adding insult to injury, another low formed off of the coast of Florida as the front moved East. The result was that Buxton, alone, received over two feet of rain in one month.<br />
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And then came the amazing swarms of mosquitoes, many of which were Asian Tiger Mosquitoes, known carriers of the West Nile Virus.<br />
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An assault by spraying was initiated by Dare County which had some effect but within days another "hatch" would occur and we were back to square one. <br />
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What was appalling, and still is, concerns the flooding of the area around the NPS managed campground near Cape Point and the road leading to that area and ramps 43 and 44.<br />
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This is not a new issue by any means. It has in fact, been a point of contention between residents of Hatteras Island, visitors to our incredible resource, and NPS since Hurricane Isabel, Sept. 18th 2003. Many times visitors and residents alike, have complained about this consistent flooding to NPS who promptly turn a blind eye to the situation. It has in fact been the subject of many a discussion an various and sundry internet forums and yet nothing has been done.<br />
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For years, the blame for this ongoing issue has been placed upon the shoulders of Jan De Blieu who works for the North Carolina Coastal Federation and stories of lawsuits connected with this flooding and the demise of the maritime forest all seem to have ended up in her lap.<br />
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Something just didn't seem to add up in this explanation so I took the opportunity to call Ms. De Blieu so I would have an explanation from "both sides" of the issue. As it turns out, though it can sill be said that there are "two sides" to this issue, Jan De Blieu isn't one of them, instead, with no surprise, the other side is the National Park Service.<br />
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Since Hurricane Isabel, a once healthy maritime forest has been flooded and essentially destroyed, turning it into a swamp and an obvious haven and breeding ground for mosquitoes. Another side effect of this action has been the inundation of the campground at Cape Point though now it seems that the latest excuse for not draining the area is according to Mike Murray "we don't drain wetlands". Prior to that the issue was coliform bacteria, aka E coli, that supposedly prevented responsible management and maintenance of this area. Sometime around 2005/2006 I proposed that NPS either buy or lease a portable water treatment unit which, as I remember, was capable of treating upwards of 6000 gallons per hour and would have allowed for the safe discharge of fluids either into the sound or the ocean but that.of course, has never been considered.<br />
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To give the reader an idea of how serious this problem can become, I present a couple of photos taken after the major rain event and it's effects. Credits go to myself and Kim Mosher who took the campground photo (the 2nd).<br />
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<div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhIAh-cg-bMWfnsrNdeMvqn5NbbUh_dZh38B0zUH60IydSpA8g-NYvzMmWCICXq-xvQVMU46yYlCmFm19KnbT8_3ZeX4otGS_it5LjxCRawM-er705vmUNPpDrjN0TvJYVWn1mu80gJ0e8/s1600/Last+day+of+September+2011+022.JPG" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="480" kca="true" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhIAh-cg-bMWfnsrNdeMvqn5NbbUh_dZh38B0zUH60IydSpA8g-NYvzMmWCICXq-xvQVMU46yYlCmFm19KnbT8_3ZeX4otGS_it5LjxCRawM-er705vmUNPpDrjN0TvJYVWn1mu80gJ0e8/s640/Last+day+of+September+2011+022.JPG" width="640" /></a></div><br />
<div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi3NSYmtF13Ei27VGqrobgK72OBsPN7nQAlZgiXMFksOGgO-YXdqUGCZtB2uhBb0jBJCg7WWLY-4NraWW7k9i9J23dBJtdCa7vwj1NzmYWG33DHb4oLyExVqvl2TmQTS7KRp_K5XKN7jHQ/s1600/Cape_Point_underwater_026.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="480" kca="true" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi3NSYmtF13Ei27VGqrobgK72OBsPN7nQAlZgiXMFksOGgO-YXdqUGCZtB2uhBb0jBJCg7WWLY-4NraWW7k9i9J23dBJtdCa7vwj1NzmYWG33DHb4oLyExVqvl2TmQTS7KRp_K5XKN7jHQ/s640/Cape_Point_underwater_026.jpg" width="640" /></a></div><br />
As you can see, there is a tremendous amount of water here, enough that even the wind can move it with ease. You might also notice in the wake left by the truck, that the color of the water is a "tea brown" caused by rotting vegetation. The part that's missing is the stench and the inordinate number of mosquitoes which are breeding in these waters and the obvious threat to human health. Not just from the mosquitoes, but from the septic system at the campground which could easily float, the bacteria contained therin, and the threat to the aquifer that both residents and visitors to this island rely upon for fresh water as our supply comes from the wells established here and not upon water pumped from up north. (meaning Nags Head and points beyond)<br />
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The blame for this issue is not Jan De Blieu's but rests squarely in the lap of NPS. The issue she raised back in 2003 was that NPS had constructed drains to allow water from the ocean overwash as a result of Hurricane Isabel without applying for an emergency permit from the North Carolina Department of Water Quality. Shortly after Isabel hit the island, Ms. De Blieu flew over the island to survey the impact and discovered these new drains, then contacted the state to inquire about the permits which are required by law. As it turns out NPS and Superintendent Larry Belli had never applied for the permits and had taken matters into their own hands.<br />
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The concern of course was that significant amounts of E.Coli bacteria would be entering the ocean which could infect fishes and swimmers coming into contact with these waters. NPS also neglected to post warning signs of this hazard as they are required to do. So without further ado, here is a picture of this drainage in the works, post Isabel, 2003.<br />
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<div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjc42JYXre6PMIf_sFaR9RLfW0vlgrZPdXPDJ1mZQVbixx3Zphkcq8JTySDTBwV7UcdZBhDUR-ttXE89xrXKRQiKIgY0iirnDBEqYSwLD0QwLrJv1pMamrMHcLsZuF9_IJ3zoXlbdeSFAE/s1600/stormwater_plume.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="300" kca="true" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjc42JYXre6PMIf_sFaR9RLfW0vlgrZPdXPDJ1mZQVbixx3Zphkcq8JTySDTBwV7UcdZBhDUR-ttXE89xrXKRQiKIgY0iirnDBEqYSwLD0QwLrJv1pMamrMHcLsZuF9_IJ3zoXlbdeSFAE/s400/stormwater_plume.jpg" width="400" /></a></div><br />
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As you can see, that's some rather nasty looking stuff headed south and was one of apparently three drains cut by NPS to deal with the flooding.<br />
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So let's stop blaming someone who was just doing her job and put the fault where it belongs. What's happening at the Seashore rests clearly within NPS responsibility and of late, we've seen yet another glaring example of the services' intentional mismanagement of our trust and the area we gave them to protect.<br />
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It's sadly ironic that NPS claims that they must close vast areas of our recreational area to, as they advertise, "preserve for future generations" while at the same time, they destroy a maritime forest, which by law they are required to preserve, and so blatantly create and preserve public health hazards that can serve no real purpose other than to drive residents and visitors away from our treasured resource.<br />
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The fact is, NPS could obtain a permit to drain this area if they applied for an emergency permit from the NCDWQ. Obviously, they're not interested and would rather drive us away and subject the residents and visitors to potential infections of West Nile Virus. Not to mention the damage done by this standing water to public vehicles, which by the way, include those driven by NPS as we own them too.<br />
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Well Mr. Murray, you may not drain wetlands that your service created in violation of federal law, but I warrant that you will be hard pressed to define the paved road leading to Cape Point as a wetland. Furthermore, considering the decades of photographic evidence showing this area as being rather dry, especially the road and campground area, I doubt you'll have much luck there either.<br />
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Since neither you nor your propaganda minister, Ms. Holda, seem to be able to properly manage this Seashore, might I suggest you apply for a position in Alaska counting Polar Bears? At least there you could have just about all the "primitive wilderness" you could care to.<br />
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Well, I'm done with my rant but I still cant answer Kim's question. Why is the Park Service letting this Seashore become so degraded? <br />
<br />
Tight Lines,<br />
<br />
A very ticked off Wheat.Wheathttp://www.blogger.com/profile/06985997394412790634noreply@blogger.com6tag:blogger.com,1999:blog-5430376008625901414.post-53775674918778481802011-09-19T04:20:00.003-04:002011-09-19T04:32:36.000-04:00Last Comment On the Proposed RuleNational Park Service 9/19/11<br />
<br />
<br />
Mike Murray<br />
<br />
Superintendent<br />
<br />
Cape Hatteras National Seashore (Recreational Area)<br />
<br />
1401 National Park Drive <br />
<br />
Manteo, North Carolina <br />
<br />
27954<br />
<br />
Re: (RIN) 1024-AD85<br />
<br />
In this correspondence I submit additional comment relative to the National Park Service (NPS or the “service”) proposed rule (RIN) 1024-AD85.<br />
<br />
On September 6th, 2011 NPS announced that the service had extended the public comment period pertaining to (RIN) 1024-AD85 aka the proposed new “rule”, until midnight September 19th 2011 in order to accommodate those that may have been affected by Hurricane Irene.<br />
<br />
Hurricane Irene struck the Outer Banks of North Carolina on the 27th of August however, NPS waited until the 6th of September to announce an extension of the public comment period, the last day comment was supposed to be accepted. Almost immediately, NPS received many thousands of comments which were simple “cut and paste” copies of an “action alert” published by Jason Rylander, an attorney for the Defenders of Wildlife; one of the environmental organizations which have for years has sought to severely restrict and ultimately disallow, ORV and pedestrian access to Cape Hatteras National Seashore Recreational Area. (As defined within 16USC459 sec.3) <br />
<br />
I am certain that NPS is aware of the source of these “cut and paste” comments which are repetitive and designed to do nothing than to “stack the deck” against those that live, work on, and visit these islands with the intention of enjoying our public lands as congress directed NPS to facilitate.<br />
<br />
What is alarming is that NPS accepts these comments in spite of the fact that they do not fulfill the basic requirements set forth by the service regarding comment submission. The service made it very clear within the instructions for comment submission that all comments must contain two items. On the first instant, NPS declares that all comment must be addressed to either NPS or the National Park Service, on the second; all comments must contain the rule identification number (RIN) 1024-AD85.<br />
<br />
As per NPS:<br />
<br />
“Comments submitted through Federal eRulemaking Portal:http://www.regulations.gov or submitted by mail must be entered or postmarked before midnight (Eastern Daylight Time) September 19, 2011.<br />
<br />
Comments submitted by hand delivery must be received by the close of business hours (5:00 p.m. Eastern Daylight Time) on September 19, 2011.<br />
<br />
Comments will not be accepted by fax, email, or in any way other than those specified above, and bulk comments in any format (hard copy or electronic) submitted on behalf of others will not be accepted.<br />
<br />
<strong>All submissions must include the words “National Park Service” or “NPS” and</strong><br />
<strong><br />
</strong><br />
<strong>must include the identifying number 1024-AD85</strong>.(emphasis added) Comments received through the Federal eRulemaking portal at http://www.regulations.gov will be available on the regulations.gov web site, usually without change. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment -- including your personal identifying information -- may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information, we cannot guarantee that we will be able to do so. To view comments received through the Federal eRulemaking portal, go to http://www.regulations.gov and enter 1024-AD85 in the Keyword or ID search box.”<br />
<br />
As such, by the services own requirements for comment submission, all comment received through this “cut and paste” effort, which fail to comply with the above mentioned requirements, need disallowed and should be rejected. If NPS won’t follow its own rules, the service has no right to expect the owners of this seashore, the American people, to do so either.<br />
<br />
In addition, NPS claims within its federal register announcement of the proposed “final rule” that one of the endangered species that makes this “rule” necessary is Seabeach Amaranth. However, the service announced recently (2010) that this plant species was extirpated, aka, “locally extinct” within the Seashore. The service then went on to explain that it could take up to five years before any seeds remaining from the previous generations of the Amaranth might germinate. <br />
<br />
The proposed rule which is based upon “Alternative F”, found within the NPS published Cape Hatteras National Seashore (Recreational Area) Final Environmental Impact Statement (NPS 2010), speaks of reintroduction of this plant species to the Seashore. This proposal will of course involve the creation of what NPS deems suitable habitat and is likely to result in further beach closures and loss of traditional access to the American public within our lands, and at the public’s expense.<br />
<br />
I find it odd that NPS is willing to adapt habitat for an extirpated species of plants and yet is so unwilling to modify other previously proven successful habitat so that avian species such as the barely threatened Piping Plover and other assorted non threatened, non endangered species might thrive without impeding public access to our Seashore. Superintendant Murray was recently quoted in reference to modifying habitat around the dredge pond near Cape Point, Cape Hatteras National Seashore Recreational Area. This area, having been previously and successfully modified for avian habitat will not be considered by NPS as an option. Murray was quoted (relative to current habitat) as saying, “it is where it is”.<br />
<br />
Well Mr. Murray, if you propose to create habitat for a plant, then you must consider modifying habitat for avian species as well. This is especially true considering your congressional mandate to develop this area for recreational use, else all you do is end up developing and furthering an agenda to remove the American people from their beaches which results in a breach of federal law and the public trust. <br />
<br />
Jeffrey Golding<br />
<br />
Buxton, North CarolinaWheathttp://www.blogger.com/profile/06985997394412790634noreply@blogger.com0tag:blogger.com,1999:blog-5430376008625901414.post-19802671157483932342011-09-11T16:07:00.000-04:002011-09-11T16:07:21.090-04:00NPS Screws Us Again!Howdy folks. A quick reminder that public comments for the new "rule" are due by midnight on the 19th of this month.<br />
<br />
This is a simple process that will take only a little of your time. Feel free to use any information you may find in my blog though I'd appreciate it if you put that information into your own words.<br />
<br />
To make comment, go to this website: <a href="http://www.regulations.gov/" mce_href="http://www.regulations.gov/"><u>http://www.regulations.gov</u></a> and enter “1024-AD85” in the “Keyword or ID” search box, click on submit comment and then proceed to write. EASY!:)<br />
<br />
In accordance with the directions provided by NPS for submitting comment, ALL comments must be addressed to either the National Park Service or NPS and include the full rule identifying number (RIN) 1024-AD85.<br />
<br />
Here is part of the NPS press release I received from Cyndy Holda on 9/9/2011.<br />
<br />
"All submissions must include the words “National Park Service” or “NPS” and<br />
must include the identifying number 1024-AD85. Comments received through<br />
the Federal eRulemaking portal at <a href="http://www.regulations.gov/">http://www.regulations.gov</a> will be<br />
available on the regulations.gov web site, usually without change. Before<br />
including your address, phone number, e-mail address, or other personal<br />
identifying information in your comment, you should be aware that your<br />
entire comment -- including your personal identifying information -- may be<br />
made publicly available at any time. While you can ask us in your comment<br />
to withhold your personal identifying information, we cannot guarantee that<br />
we will be able to do so. To view comments received through the Federal<br />
eRulemaking portal, go to <a href="http://www.regulations.gov/">http://www.regulations.gov</a> and enter 1024-AD85 in<br />
the Keyword or ID search box."<br />
<br />
So how is NPS screwing us again?<br />
<br />
It seems that as I stated in my last post, the extension given for comment submission was not done for those of us affected by the hurricane but in order to give the "darkside" time to get their folks "on the bus". Ample evidence of this is the astounding number of comments received by NPS since the original deadline expired at midnight on 9/6/12.<br />
<br />
When I submitted my comment, there were just over 4000 comments that had been received by NPS; a number which has miraculously grown by over 10,000 in the last few days.<br />
<br />
The source of these comments, which are all virtually identical, is an action alert published by the tax dollar sucking Defenders of Wildlife and their uninformed and uneducated minions.<br />
<br />
Of course since NPS is so busy sucking up to these people, they ignore their own set of published rules for submitting comment which as shown above, CLEARLY state "All submissions must include the words “National Park Service” or “NPS” and<br />
must include the identifying number 1024-AD85."<br />
<br />
Clearly NPS is attempting to stack the deck in favor of these anti access groups and will use this as justification to ram this rule down our throats which will destroy a historical way of life that predates the existence of the Seashore, obliterate an economy reeling already from these extraordinary closures, with the ultimate goal of running everybody off the islands.<br />
<br />
Please take the time to make comment and help save access to your Seashore!<br />
<br />
Information about what's going on here can be found at:<br />
<br />
<a href="http://www.islandfreepress.org/">www.islandfreepress.org</a><br />
<br />
<a href="http://www.obpa.org/">www.obpa.org</a><br />
<br />
<a href="http://www.ncbba.org/">www.ncbba.org</a><br />
<br />
And of course this blog.<br />
<br />
I'm extremely pissed and you should be too!<br />
<br />
Tight Lines,<br />
<br />
WheatWheathttp://www.blogger.com/profile/06985997394412790634noreply@blogger.com0tag:blogger.com,1999:blog-5430376008625901414.post-80274200185933046832011-09-07T16:03:00.000-04:002011-09-07T16:03:23.891-04:00Notes On The extension Of The Public Comment PeriodAs many of you are aware, the National Park Service extended the deadline for public comment regarding their new proposed rule for management of Cape Hatteras National Seashore Recreational Area, RIN 1024-AD85 which will serve to severely, and unlawfully, restrict ORV and pedestrian access to our public beaches.<br />
<br />
NPS claims in a press release issued by Cyndy Holda, Superintendent Mike Murray's generally and historically ill-informed "public affairs specialist", that this extension was proffered so that those that "might" have been effected by Hurricane Irene, have more time to write and submit their public comments on this absurd collection of draconian measures which serve no purpose other than to severely limit access to our beaches and drive the economies of these two amazing islands into the ground.<br />
<br />
Make no mistake about it my friends, this extension was, in all likelihood, granted because the supporters of the Audubon Society, Defenders of Wildlife, and the Southern Environmental Law Center have not been able to garner the support they wish and subsequently overwhelm NPS with comment opposing access of any form. Remember that all of about 30 of the comments rejected by NPS during the public comment period regarding the Draft Environmental Impact Statement were from the Wilderness Society and came in the form of rarely altered form letters and totalled close to 16,470 rejected comments.<br />
<br />
<strong>This extension was not granted for the people of the Islands or the visiting public!</strong><br />
<br />
This is why it is so important that we continue to work together to support free and open access to our beaches until sound and lawfully peer reviewed science can demonstrate that access to this Seashore is harming the resource. Which to date, has never been shown. The terms oft used by the environmental groups, "could have, might have, possibly" etc are not sound science and they continue to believe their “right to be mistaken” excuses precise and competent scientific analysis for actions they know will wreak havoc upon the right of the American public to visit this, our Seashore, as well as the economies of Hatteras and Ocracoke Islands.<br />
<br />
Therefore, it is imperative that you take the time to submit comment and support your right of access and egress to these amazing beaches.<br />
<br />
Comment will be accepted until midnight 9/19/11 electronically or needs postmarked by midnight of that date.<br />
<br />
All comments <strong>MUST</strong> include the rule identification number (RIN 1024-AD85) and be addressed to either NPS or preferably, the National Park Service in order to not be rejected.<br />
<br />
This gives us yet another chance to express our dismay at the proposed unfounded rules that NPS seeks to put in place. Take advantage of it please! You can bet your bottom dollar the "darkside " will.<br />
<br />
Instructions on how and where to post your comment can be found at:<br />
<br />
<a href="http://www.obpa.org/">www.obpa.org</a><br />
<br />
<a href="http://www.ncbba.org/">www.ncbba.org</a><br />
<br />
<a href="http://www.islandfreepress.org/">www.islandfreepress.org</a><br />
<br />
Also, links to view the submitted comments can be found there also; perusal of which will reveal just how ignorant many of the "darkside" submitters are about this amazing place.<br />
<br />
That's all for the moment. I'll likely be back on in a while to give note on progress made to restore access to the Island.<br />
<br />
Tight Lines,<br />
<br />
WheatWheathttp://www.blogger.com/profile/06985997394412790634noreply@blogger.com0tag:blogger.com,1999:blog-5430376008625901414.post-79011730904960026382011-09-06T05:03:00.001-04:002011-09-07T08:29:43.877-04:00Comment On NPS Final Rule, ProposedTo: Michael B. Murray,<br />
<br />
Superintendent,<br />
<br />
Cape Hatteras National Seashore (Recreational Area)<br />
<br />
1401 National Park Drive <br />
<br />
Manteo, North Carolina <br />
<br />
27954<br />
<br />
Re: National Park Service Proposed Rule (RIN 1024-AD85)<br />
<br />
<br />
<br />
Mr. Murray,<br />
<br />
<br />
<br />
I write to you this day and submit my public comment relative to the new proposed "rule" intended to govern the use by the public of Cape Hatteras National Seashore Recreational Area authorized by Congress in the year 1937 and finally established by the National Park Service (NPS or the "service") in 1953 after some, but not all of the lands currently constituting the "Seashore" were acquired by the Department of the Interior in order to satisfy the requirements established primarily within 16 USC 459 sec.3.<br />
<br />
<br />
<br />
As the proposed rule stands, it blatantly violates the "Enabling Legislation" 16 USC 459 sec. 3, (1937) authorizing the establishment of the "Seashore" (hereafter referred to as the Seashore or CHNSRA) as well as the "Redwoods Amendment" 16 USC 459 sec. 1a-1 of 1978.<br />
<br />
<br />
<br />
I therefore reject and vehemently oppose most all of the provisions set forth in this proposed "rule" for the reasons outlined below as most are based upon either flawed science, a lack of science, studies conducted with a predetermined outcome, and in many cases, studies that are out of date or have been peer reviewed by the authors of same which violates peer review protocol and in many cases, federal law.<br />
<br />
<br />
<br />
It is apparent that NPS doesn't quite understand, at least in this instance, that it is the right of the congress to dispose of public property, not the Park Service. In fact, that privilege does not even extend to the President of the United States as per our Constitution. Though congress has given NPS the ability to establish needful rules and regulations, at no time has the law provided NPS with the ability to lawfully execute this sort of action in an instance where such an action would be in violation of federal law extant. Nor does law exist that gives the ability to NPS to ignore regulation enacted by congress and signed into law by the President. However, relative to CHNSRA, that is precisely what NPS intends to do if RIN 1024-AD85 is put into place.<br />
<br />
<br />
<br />
Case and point is 16 USC 459 sec.3 which declares quite succinctly that the Seashore is to be developed "as needed" for recreational use. And that the "service" hold the remaining portion of the area in "reserve" until it is needed for it's intended purpose, that of a recreational area; providing that is adaptable and needed for recreation. Congress set no limit on the areas that can be developed for recreational use within the seashore, nor did they limit what form of recreational use could take place. Except to say "swimming, sailing, fishing, boating and other recreational activities of a similar nature, which shall be developed for such uses as needed". Unfortunately for the American public, NPS seeks to change the meaning of this legislative passage by interpreting the verbiage in the sentence following as though it said that the remaining portion of the area is to be <em>permanently preserved</em> when it does in fact state<em> </em>"permanently reserved" instead. The understanding of the use of the word "reserved" in this instance is the key to realizing the intent of congress and the enabling legislation as a whole. It is, after all, the use of the word "reserved" that enables the development of the Seashore for recreational use as needed and clearly establishes recreational use to be the primary purpose of this area, not preservation of wildlife or primitive wilderness as NPS would have the public believe. Though the last portion of the single paragraph that comprises 16 USC 459 sec.3 does contain the words "and no development or undertaking for the convenience of visitors may take place that would be incompatible with the preservation of the unique flora, fauna and physiographic conditions now prevailing in this area"; this clearly applies only to such areas held in "reserve" until they are needed for recreational development and use as stipulated by congress.<br />
<br />
<br />
<br />
Another blatant example of the disregard that NPS has for congressional law deals with the obvious intent of the "service" to violate provisions set forth by congress within 16 USC 459 sec. 1a-1 otherwise known as the Redwoods Amendment. Here the congress clearly informs NPS that they are not to conduct any activity that would result in significant derogation of the mission established by congress for this area unless and until the "service" has "direct and specific authorization by congress" to do so. The proposed new rule as proffered by NPS will in fact dramatically alter previous management policy (pre- 2008 Consent Decree for the Seashore) and will in fact limit recreational opportunity severely, resulting in derogation of the mission established for this area. Contained within the 2010 Final Environmental Impact Statement (FEIS) as published by NPS, is a statement by the "service" which explains that the Redwoods Amendment was intended to enhance section 1 of the "Organic Act" but not intended to institute separate management policies. Though both of these statements are true, NPS willfully ignores the fact that it is the individual "enabling legislations" that dictate how various areas are to be managed and developed, and that without the aforementioned "direct and specific" authorization from congress to do so, the "service has no legal authority to implement the proposed new "rule".<br />
<br />
<br />
<br />
Furthermore, at no time in our nation’s history has the Congress given the NPS the ability or legal authority to regulate commerce outside of the bounds of the areas for which it is responsible. The implementation of RIN 1024 AD85 aka the "rule", will have that effect much the same way the Consent Decree of 2008 has done. That same decree has been an enormous factor in the downturn of the economies of both Hatteras and Ocracoke Islands. Some sixty businesses have failed since the inception of the decree and its immense beach closures. And also, some 400 homes (and counting) are now in foreclosure on the islands. The proposed new "rule" will exacerbate this problem further by denying the American public access to beaches by Off Road Vehicle (ORV) use for a significant and fiscally important portion of the year, upon which our economy is largely based. The proposed closures outlined within the "rule" will serve, and have with the Consent Decree alone, already served, to drive the visitors upon which our economy is based, to seek recreational opportunity elsewhere. Proof of this may be found across the internet at various sites which deal with visitation to the Seashore and perusal of same will repeatedly reveal former visitors stating that they have no intention of returning to the area if NPS implements this "rule" as intended. As such, NPS unlawfully limits commerce on the islands by depriving visitors, the majority of which operate ORVs on our beaches, from access to the Seashore in areas which have been traditionally and lawfully accessed before, and since, the Seashore was established in 1953. In addition, NPS will deprive local commercial fishermen their congressional guarantee of right of access to our beaches, upon which their livelihood depends. This further demonstrates an attempt at regulation of commerce by the "service". This regulation comes in many forms but all points to the same agenda which is to limit access. <br />
<br />
<br />
<br />
For someone that lives on Hatteras Island and has experienced the effects of the Consent Decree, I have extraordinary difficulty understanding where the NPS purported two million odd visitors have been every year since 2008. I have never seen our beaches so empty in all the years before, and after, I moved to Hatteras Island. Nor have I seen the beaches so thoroughly inaccessible due to various resource closures. Just where are all of these people Mr. Murray? If NPS is relying upon the traffic counter at Whalebone Junction to accumulate this data, the number might make sense. But then every delivery vehicle, law enforcement, or emergency vehicle, every resident’s car or truck that goes off island to shop is counted at least twice. As an example, there are two companies that provide bagged and block ice to the islands virtually every day beginning in the spring and running through the fall fishing season. There are routinely at least three UPS trucks on Hatteras Island every day which alone would count for six visitors based upon the technology utilized by the "service" It doesn't take much thought to understand how quickly those numbers will add up, and that fails to include the other delivery, service, transit, local, and assorted other vehicles including those that belong to NPS that pass that point every day. A classic example of how NPS has skewed visitation numbers to present figures that would lean toward the "agenda" is when the "service" sponsored economic impact study went to consider visitation in the summer. Beach access ramp 43 was chosen over the considerably more oft utilized beach access ramp 44, only a couple of hundred yards away. That alone serves as a prime example of NPS again violating federal law and even executive order by not presenting to the public sound science; nor was this supposed data available for public comment in a timely manner as required by the National Environmental Policy Act. (NEPA).<br />
<br />
<br />
<br />
NPS has proposed the creation of "Vehicle Free Areas" (VFA's) which are in conflict with both executive orders 11644 (Nixon 1972) and also 11989 (Carter 1977). Within both E.O.'s NPS was given six months to determine which areas of (in this case the Seashore) would remain open and which areas would be closed to ORV traffic. In both cases, NPS determined that the entire Seashore should remain open to vehicular access. This determination was made again in 1978 when an Interim Management Strategy (IMS) for management of the Seashore was promulgated with NPS and local input. This same IMS was used and implemented by former superintendent Belli, with the exception of fee or permit based access and served as "service" policy until the promulgation of the 2007 IMS under current superintendent Murray which recognized the use of virtually all of the Seashores beaches that were considered safely accessible; excepting seasonal closures which occurred in front of the villages for reasons of pedestrian safety during the busy summer months. (The superintendent again did not institute a fee or permit policy.) As such, by default, NPS recognized that the traditional routes of egress and transport were acceptable and not detrimental to the resource, and allowed same for almost 40 years, which does not include the many years of public vehicular use prior to the authorization and ultimately the establishment of CHNSRA in 1953. This was also substantiated by the Unites States Fish and Wildlife Service (USFWS) when they issued a Finding Of No Significant Impact (FONSI) prior to the 2007 IMS being issued and recorded in the Federal Register.<br />
<br />
<br />
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It is also true that contained within E.O. 11989 (Carter 1977) is a caveat wherein the Superintendent must show , prior to closing an ORV route or "trail", that use of said route either is causing or will cause significant adverse impact to the resource, which no superintendent of this Seashore has ever been capable of doing. Therefore, the proposed VFA's and permanent year round closures of Bodie Island Spit, the South end of Hatteras, aka "False Point", the Northeast end of Ocracoke Island, and the area known as South Point, also on Ocracoke, are both arbitrary and capricious and in violation of E.O. 11989. If NPS is so vehement about obeying the respective E.O.'s as they state they are, then they must obey all of the established requirements, not just those that seek to limit access to our Public Lands. It should also be pointed out that in accordance with 16 USC 459, the land overlaid by the as of yet congressionally approved wildlife refuge known as PEA Island National Wildlife Refuge, is by law, very much a part of CHNSRA and contains near 13 miles of previously established VFA which visitors to that area may, and do, already enjoy; and remains uncontested in that no attempt at restoring ORV access to this area has been mounted.. Until the congress deems this as a separate entity apart from CHNSRA, it remains part of the Seashore and as described within the law extant, and by law, is the responsibility of NPS to maintain and must be so recognized to include species nesting numbers.<br />
<br />
Though NPS maintains that this area is not within their realm of management (which by law is untrue), and until the "service" can prove that nesting, regardless of species, is determined not by an ecosystem as a whole, but by imaginary man made geographical boundaries, the species that choose to nest on Pea Island need counted as part of the Seashores overall populations. The same would hold true for Cora June Island which is located just a few hundred yards from Hatteras Island, by the Ferry Channel.<br />
<br />
<br />
<br />
Other issues with the proposed VFA designation include the following. As written, mobility impaired individuals such as myself will lose access to significant portions of the Seashore as without transport, I, and others, will have no means to transit the dune line with our equipment in order to enjoy our beaches. This would be in violation of the Americans with Disabilities Act (ADA) and it is discriminatory. Vehicular egress to the beaches in the proposed VFA's will require that mobility impaired persons will only be allowed access in front of the villages and not in other VFA areas away from same. Requiring a vehicle operator to drop off a mobility impaired individual and return to an ORV access point poses a safety hazard in the event of injury, storms or even something as simple as the need to use restroom facilities. NPS also operates under the assumption that someone who drops off a mobility impaired individual will have access to parking and able to access their vehicle in a safe and timely manner in order to assist the needs of the disabled individual. NPS also assumes that the person who "drops off: a mobility impaired individual are themselves capable of making the long trek back to the point where said individual was left. This will preclude many elderly persons from access to the proposed VFA. As someone who is 45% permanently disabled, and with no "chauffeur", I am therefore automatically disallowed from accessing many miles of beach that I and thousands of others have used for the traditional recreational activities outlined in the enabling legislation (16 USC 459 sec. 3), without harm or impairment to this treasured resource. Attention must also be drawn to the fact that the current, albeit undesignated VFA's within the bounds of the Seashore are the most underutilized areas of this beach system. One needs look no farther than the area beginning just north of beach access ramp 43 and extending to the old lighthouse location which, day in and day out remains unused; as photographic documentation has proven over this last year. This same phenomenon can be discovered in most of the ocean area between the villages of Frisco and Hatteras as well as the vast majority of the beaches found on Ocracoke Island, throughout the year. <br />
<br />
VFA's should only be imposed if it is found by the superintendant that they are necessary to protect the pedestrian visitor and the proposed rule should allow this flexibility. The area just north of beach access ramp 43, as described above, which has gone almost entirely unused by pedestrian visitors should have, and could have, been open to ORV use for the entire year.<br />
<br />
In sum, the VFA proposal is in conflict with both E.O. 11644 and 11989, the ADA, ignores the 13 miles of VFA on Pea Island, and will serve no other purpose other than to limit visitor access to our public beaches in conflict with 16 USC 459 sec.3 and the Redwoods Amendment. (16 USC 459 sec 1a-1) <br />
<br />
It should also be pointed out that as the congress amended the enabling legislation in 1940 and formally changed the name of the Seashore to Cape Hatteras National Seashore Recreational Area, it was stated that this area was set aside for the enjoyment and benefit of the American people; not "some" or "a few" but all.<br />
<br />
<br />
<br />
The proposed VFA's will also serve to inspire user conflict and create resentment among user groups. Many individuals that visit the Seashore via ORV will, and already have become angry as they discover that the proposed access fee for ORV use is being used to pay for the infrastructure to support these VFA's while at the same time denying them access to those same areas. NPS policy dictates that the service is to minimize user conflict, not inspire it; which is in fact, beginning already. <br />
<br />
Within the proposed rule, NPS claims that it seeks to mitigate fiscal impact upon the economy of the islands by the proposed VFA's, and seeks to construct additional parking areas. Alternative F of the FEIS upon which this rule is based, informs that the public that 130 odd new parking spots will be constructed along the ocean side of the Seashore in order to facilitate visitor access along with sundry supportive infrastructure. Assuming that NPS figures of two million odd visitors to the Seashore is even remotely close to being accurate, how is it that 136 new parking spots can possibly handle this volume of visitors? Especially since the majority of these new parking spots are to be located on Ocracoke Island and not on Hatteras Island where the majority of visitation occurs? This is nothing more than a thinly and poorly veiled effort by NPS to severely limit access to the Seashore. It is the words of Sandy Hamilton, an NPS employee who was involved in the failed Negotiated Rulemaking process that echo in my mind. Her statement (referring to NPS) "that as long as we leave a small area open for access, we have fulfilled the recreational mission of the Seashore" apparently sets the tone for the current and proposed actions by the "service". Apparently she never read, and is incapable of understanding the enabling legislation.<br />
<br />
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The fee based ORV access system proposed by NPS is discriminatory as it requires one user group to fund the infrastructure used by another. NPS proposes this system in a purported effort to recover the costs of yet to be constructed beach access ramps, parking areas, walkovers, and restroom facilities for pedestrian visitors within VFA's, but currently has no idea as to what the cost for this infrastructure will be, or the costs of the permits necessary to do so. Currently, NPS has no funding to construct any of its proposed "improvements" and no idea of how long these so called improvements will take to construct. NPS has repeatedly demonstrated through the years that proper maintenance of the resources found within the Seashore is not something that the "service" is competent performing. Examples of this incompetence and fiscal mismanagement can be found in various areas of the Seashore. For example, the septic system at the Cape Point Campground which NPS has known for years needs upgraded, Bodie Island lighthouse which now stands as a dysfunctional eyesore, the mess that NPS created during the improvement of beach access ramp 44, the closure of the interdunal road extending from ramp 45 to ramp 49 in Frisco, the poor condition of the access road leading to ramp 49, and many others. A glaring example of these poor practices existed for many years in the form of a pothole at the entrance to ramp 44 which caused drivers to have to swerve into oncoming traffic exiting the beach from that ramp, in order to avoid damaging their tires and suspension.<br />
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Further objection to this proposed permit and user fee system deals with the fact that the American taxpayer already funds the NPS and will require that a segment of the population be taxed yet again for something they have been taxed for previously. Though I'm certain that his comment will fall on deaf ears, I insist that this fee based permit system as proposed by NPS be inexpensive or free of charge, as to not further burden the economy of the islands and harm the residents of same. An expensive fee based system will have the effect of driving visitors away from the Seashore and to other destinations. It is also true that establishing load capacity requirements will have the same effect as it is likely that any visitor who comes to the Seashore will find themselves unable to access the beaches that he or she just paid to visit and will never return again. NPS should not establish a system that is dependent upon sheer luck and timing to allow a visitor access to our beaches. And before the "service" begins to collect fees for ORV access, all of the proposed beach access ramps and interdunal roads should have already been constructed so that a meaningful figure for said permits can be established else said fees will be tantamount to outright theft.<br />
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NPS also sets forth a requirement that visitors attend a class about ORV use prior to the issuance of the proposed permit as well as setting forth requirements for equipment needed to access our beaches. I find this objectionable on several fronts. First of all, having driven on these beaches for thirty odd years without ever having been stuck, I don't need a class to tell me how to traverse these sands. I would submit that this is true for the majority of residents of the islands, of which I am one, as well as a significant number of visitors. In fact, on a per capita basis, I have personally spent more time digging out stuck NPS vehicles than I ever have visitors. I have also discovered that by in large, NPS vehicles do not carry the basic equipment that the "service" will require a visitor to carry. This raises an obvious question. How are a group of people, NPS employees, who are notorious for getting stuck in the often soft sands of our beaches, qualified to instruct other drivers how to negotiate the beach? In addition, the requirement for a jack and jack stand as set forth in the proposed rule, will not help anyone who happens to be stuck; particularly in wet or soft sands, and will pose yet another unreasonable financial burden upon the visiting public as well as residents of the islands; likely resulting in many visitors making the choice to never return. A considerably more cost effective alternative which would facilitate continued visitation without burden, would be to make the proposed permits free of charge and available online as well as in the various tackle shops and realty offices, much the same way the current Consent Decree required night driving permits are handled. In addition, more effective signage at the various access ramps would go a long way to provide important information to the visiting public. This would also eliminate the need for additional NPS staff, the need for physical structures to station staff to check permits, and in turn reduce the fiscal liability of the "service" and financial demand upon the American taxpayer. <br />
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As I mentioned earlier, the proposed rule will also have an impact upon local commercial fishermen as they ply their trade from the beaches of the Seashore. Though NPS does allow traditional access for these hardworking individuals within the proposed VFA's, there is no mention of access to the inlets and spits upon which these individuals depend to ply their trade and feed their families. This access should be allowed as was mandated by congress within 16 USC 459. In addition, the requirement that these fishermen be able to provide a copy of a receipt to a local "fish house", not older than thirty days, ignores the reality that commercial fishing is a seasonal trade. A prime example of this is those licensed fishermen who practice their trade during the fall months during the mullet run. They cannot possibly cast for mullet until the run begins which is determined not by the calendar, but by the mullet. To deny them the right to fish simply because they have no recent receipt, is to deny them the right to fish altogether. This portion of the proposed rule should be discarded as it poses an unfair burden upon these individuals and violates the tenants set forth within the lawfully enacted legislation authorizing the creation of the Seashore. Any local resident, with a valid commercial license, should be allowed to fish, whether it is their first day, or their last of the season, and without prior receipt. NPS also fails to define the term "fish house". Many of the licensed fall netters do not sell to a "fish house" as their catch is intended to be used as bait for licensed recreational fishermen and charter vessels and is subsequently sold to tackle shops instead of a "fish house", who also carry license to deal in legally procured fish stocks. <br />
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I also object to the proposed ban on night driving on our beaches for the majority of the year. This ban is based upon supposition rather than sound science as is required by NEPA. Were the Seashore located in Florida where sea turtle nests average some 600 nests per mile, it might make sense. However, here at CHNSRA, NPS statistics show that on average, there are just over 1.3 nests per mile, and an average of one nest and one false crawl per night. Therefore the likely hood of an ORV encounter with a sea turtle is slim at best considering the roughly 73 miles of beach comprising these islands. Though it is true that a sea turtle was run over on Ocracoke Island in 2011, this tragedy occurred at a time when night driving was already prohibited as per the Consent decree.NPS shoves the blame for this unfortunate accident upon the shoulders of visitors to the Seashore claiming that no patrols were active that night. However, the "service" fails to acknowledge that the Consent Decree also requires that bird monitors be in position to observe piping plover behavior from sunrise to sundown and it is therefore likely that it was an NPS employee that caused the demise of this animal. If and when NPS can come up with sound, reasonable, lawfully peer reviewed science that shows definitively that a night driving ban is necessary, I will accept it. Until then, I vehemently object to this action. This again is addressed in E.O. 11989 wherein the superintendant must show considerable adverse effects before closing an ORV route to public access.<br />
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Additional objection to the proposed final rule including ALT F as described within the NPS published FEIS comes relative to the proposed size of buffers surrounding wildlife. In particular, the Piping Plover, charadrius melodus. These buffer recommendations stem from the Pawtuxet Protocols which have no scientific basis and, in addition, were largely peer reviewed by the authors in direct violation of United States Geological Service (USGS) peer review protocols rendering them unlawful. In addition, the buffers purported by NPS for non endangered or threatened species, are also excessive. Though species such as Least Terns, American Oystercatchers and the like are listed as "species of concern" by the state of North Carolina, within which the Seashore exists, Gordon Meyers, Chairman of the North Carolina Wildlife Resource Commission, stated openly in his public comment to the NPS published Draft Environmental Impact statement (DEIS), that these birds did not need the level of protection proposed by NPS. In spite of which, NPS imposes them anyway, which serves no purpose other than to limit access to the Seashore and has resulted in tremendous economic harm to the islands communities. <br />
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NPS has also refused to consider this Seashore as a Traditional Cultural property in spite of the fact that it far exceeds the requirements set forth in the NEPA. Within which NPS is specifically instructed that TCP's do not only apply to Native American populations. Hence contacting the Tuscarora Nation to determine cultural significance of the area now considered the Seashore, once again NPS ignores the law and plays lip service to my community as well as the American public at large, in a clear effort to advance an agenda, limit access to our Seashore, and effectively destroy a traditional way of life and the communities which have served the public as well as the "service".<br />
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In closing, I am ashamed as an American citizen that NPS chooses to pursue such an action in defiance of the intent of congress and with such blatant violation of law extant. I am ashamed that I ever trusted Mike Murray, superintendant of this Seashore that I and a few thousand others call home. I am embarrassed that I took such pains to defend him against those who stated he would do greater harm to these islands than he did in Cape Cod. I am angry that my tax dollars are funding the destruction of a unique people and way of life that can only be experienced on these islands. I fear for my future and those people that constitute my island "family". It is a crime that through no fault of our own, a people that have cared for this resource since before the creation of the National Park Service and before the founding of this nation, should be so thoroughly tossed aside with such wanton disregard to their futures, their past, and the lives and futures of their children as well.<br />
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It is no small irony that the islands having just experienced the wrath of Hurricane Irene are now faced with the actions proposed by NPS which will have a far greater devastating effect for a much longer time than the storm could ever have done. At least we can rebuild after a hurricane. In time that storm becomes only a memory, albeit painful to many. What NPS intends will alter our lives forever.<br />
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Jeffrey Golding<br />
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Buxton, North Carolina<br />
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(Remaining personal information withheld for online submission)<br />
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CC:<br />
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Senator Richard Burr<br />
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Senator Kay Hagan<br />
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Congressman Walter B. Jones<br />
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NPS Director Jonathan Jarvis<br />
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NPS S.E. Regional Director David Vela<br />
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Brandon Middleton, Damien Schiff, Pacific Legal Foundation.<br />
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The Outer Banks preservation Assn.<br />
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North Carolina Beach Buggy Assn.<br />
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And assorted BCC.<br />
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</div>Wheathttp://www.blogger.com/profile/06985997394412790634noreply@blogger.com3tag:blogger.com,1999:blog-5430376008625901414.post-40485072430641392222011-09-01T18:23:00.000-04:002011-09-01T18:24:00.895-04:00A Challenge To RecoverHello friends. I know it's been a long time since I've posted and I was actually waiting until I had finished my public comment about the new NPS proposed rule before I did. Of course you'll see that shortly as the deadline for comment is midnight on the sixth of this month. If you havn't commented already, please do so. Information on how this can be done is to be found at <a href="http://www.obpa.org/">www.obpa.org</a> <a href="http://www.ncbba.org/">www.ncbba.org</a> and also <a href="http://www.islandfreepress.org/">www.islandfreepress.org</a> It is very important that all persons who care about access to our beaches submit comment and condemn this "plan" as it serves only to deny us access to our public lands and destroy the collective economies of Hatteras and Ocracoke Islands.<br />
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Today I write a plea for help.<br />
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As Hurricane Irene made it's way past the islands, it first blew the water in the Pamlico Sound over and onto the mainland which caused devastating flooding on top of the wind damage generated by hours and hours of sustained winds from a storm that moved at a pace seemingly similar to that of continental drift.<br />
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As it moved Northeast, all of the water that had piled up on the "backside" of the sound came rushing back on very heavy, sustained, Southwest winds and inundated the villages of Avon, Rodanthe, Waves and Salvo causing the loss of approximately 1100 homes and businesses. In many cases, some lost all but the clothes on their backs. And reports also suggest that the back surge, (the water returning) which I'm told topped 10' above ground level also took out something in the neighborhood of 90% of the vehicles that had to remain behind for one reason or another in the northern villages mentioned above.<br />
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In addition, Highway 12, the one lifeline that almost all of the islands residents depend on has been cut in at least five places rendering direct relief impossible. So supplies must come by ferry from Stumpy Point, N.C. which has been even more difficult because of shoaling in the sound and making passage for the two to three and a half ride, depending on where the Captain has to go, dependant on the high tide which occurs only twice a day.<br />
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In addition to the loss of the one road on and off the islands and the difficult ferry passage, that same route delivers most of the power to our homes and that too has been severely compromised. The Cape Hatteras Electric Co-op (CHEC) has ordered and installed several generators which are still working hard to handle the load needed to sustain those left on the islands which is one reason cited for not allowing residents that heeded the evacuation order to come home, Including myself. <br />
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But this isn't about me. It's about those still on the islands that need your help.<br />
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There are quite a few amazing people both on and off island that are going out of their way to help and to try and get supplies to those that remain. This has unfortunately been hindered by the powers that be who have placed the islands on virtual lockdown. I read today that emergency supplies were flown by helicopter to towns up north (New England) who were flooded by the rains from Irene but apparently no such assistance will be given to the residents of the Islands. Instead, the docks are blockaded by Federal officials and the airports are closed.<br />
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On top of that, the infamous environmental groups that have already caused so much harm to all of us have apparently filed an intent to sue in order to prevent the reconstruction of Highway 12 in spite of the fact that North Carolina owns the right of way.<br />
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This is a heinous act and needs to be fought as thoroughly and as humanly possible.<br />
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As for relief efforts, as usual, as many as can on the islands are providing relief but they need help. Many have joined in the effort to send supplies and have been actively attempting to have them delivered as soon as possible.<br />
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Of special note, is a fellow by the name of William Carter ( obx fishing on facebook) who has set up shop in Elizabeth City and partnered with Performance Chevrolet to collect and deliver supplies. Also working with him are Autumn Krozer and the staff at Dixie 105.7, all who have also worked tirelessly for beach access.<br />
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Other folks that are working hard include an interfaith group who can be reached at 252-475-5758 or 252-475-5759.<br />
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The Salvation Army is also involved in relief efforts.<br />
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Of course, Irene Nolan at <a href="http://www.islandfreepress.org/">www.islandfreepress.org</a> provides a great deal of information including plenty of photos taken by my friend Don Bowers which will help you understand what's happened to our home.<br />
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Help can also be given by calling the office of Governor Perdue and insisting that our road is reconstructed as soon as possible. The Army Corps of Engineers could span the breaches and have supplies delivered in short order. If they can do it in combat conditions, this should be a piece of cake. Phone: (800) 662-7952 or (919) 733-2391<br />
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Also Call Ken Salazars office, the Secretary of the Interior, and insist the same. Phone: (202) 208-3100<br />
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Lets put some pressure on these folks. Don't forget to call your elected representatives and make the same complaint. <br />
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In the mean time, please help if you can.<br />
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Tight Lines,<br />
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Wheat<br />
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Wheathttp://www.blogger.com/profile/06985997394412790634noreply@blogger.com0