Finally, I Get to Announce This After Waiting For Months

My mother always said I had the "patience of a saint" which is why, I suppose I like fishing so much. As it turns out, dealing with beach access issues requires even more patience than fishing.

Many are those that have complained that nothing was being done all this time, but those of us who were "there" know quite different.

In the past weeks, we've seen a lawsuit filed, a petition started that has gained over 12,000 signatures in just over a week and now, the beginning of another project we have worked on for some time.

Without further ado,

JONES INTRODUCES BILL TO RESTORE ACCESS TO CAPE HATTERAS NATIONAL SEASHORE RECREATIONAL AREA

WASHINGTON, D.C. – Today Congressman Walter B. Jones (R-NC) introduced H.R. 4094, legislation that would restore reasonable pedestrian and motorized access to the Cape Hatteras National Seashore Recreational Area.  The bill would overturn a final rule implemented by the National Park Service (NPS) two weeks ago, as well as the 2008 U.S. District court approved Consent Decree.  Both the Rule and the Consent Decree excessively restrict human access to the Recreational Area.  The bill would reinstitute the Park Service’s 2007 Interim Management Strategy (IMS) to govern visitor access and species protection in the Recreational Area.  The Interim Strategy was backed up by a 113-page Biological Opinion issued by the U.S. Fish and Wildlife Service which found that it would not jeopardize the species of concern, namely piping plover and sea turtles.  H.R. 4094 has been referred to the House Natural Resources Committee for further consideration. 
“The federal government needs to remember that Cape Hatteras was established to be a recreational area for the American people,” said Congressman Jones.  “But taxpayers can’t recreate without access to the beach.  The goal of management ought to be a balanced approach between visitor access and species protection.  The Final Rule falls short of that goal.  The Interim Strategy comes much closer to hitting the target.” 


Catherine M. Fodor
Communications Director
Rep. Walter B. Jones (NC-3)
2333 Rayburn House Office Building
Washington, DC 20515
(202) 225-3415
http://www.jones.house.gov

H. R. ll

112TH  CONGRESS

2D  SESSION

To authorize pedestrian and motorized vehicular access in Cape Hatteras

National Seashore Recreational Area, and for other purposes.

IN  THE  HOUSE  OF  REPRESENTATIVES

Mr. JONES introduced the following bill; which was referred to the Committee on llllllllllllll

A   BILL

To  authorize  pedestrian  and  motorized  vehicular  access  in Cape Hatteras  National Seashore Recreational Area, and for other purposes.

1          Be it enacted by the Senate and House of Representa-

2   tives of the United States of America in Congress assembled,

3   SECTION 1. SHORT TITLE.

4          This Act may be cited as the ‘‘Preserving Access to

5   Cape Hatteras  National Seashore Recreational Area Act’’.

1  SEC.       2.      REINSTATEMENT          OF      INTERIM        MANAGEMENT

2                       STRATEGY.

3          (a) MANAGEMENT.—After the date of the enactment

4  of this Act, Cape Hatteras  National Seashore Recreational

5  Area  shall  be managed  in  accordance with  the  Interim

6  Protected   Species  Management  Strategy/Environmental

7  Assessment issued by the National Park  Service on June

8  13, 2007, for the Cape Hatteras  National Seashore Rec-

9  reational Area, North Carolina, unless the Secretary of the

10  Interior  (hereafter  in  this  Act referred  to  as  the  ‘‘Sec-

11  retary’’) issues a new final rule that  meets the  require-

12  ments set forth in section 3.

13          (b) RESTRICTIONS.—The Secretary  shall not impose

14  any additional restrictions  on pedestrian or motorized ve-

15  hicular access to any portion of Cape Hatteras  National

16  Seashore Recreational Area for species protection beyond

17  those in the Interim Management Strategy,  other than as

18  specifically authorized  pursuant  to section 3 of this  Act.

19  SEC.   3.  ADDITIONAL RESTRICTIONS  ON  ACCESS TO  CAPE

20                      HATTERAS            NATIONAL           SEASHORE            REC-

21                      REATIONAL        AREA      FOR      SPECIES        PROTEC-

22                       TION.

23          (a) IN  GENERAL.—If, based on peer-reviewed science

24  and after  public comment, the Secretary  determines that

25  additional restrictions  on access to a portion of the Cape

26  Hatteras   National  Seashore  Recreational  Area  are  nec-

1  essary to protect  species listed as endangered under  the

2  Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.),

3  the  Secretary  may  only restrict,  by  limitation,  closure,

4  buffer, or otherwise, pedestrian  and  motorized vehicular

5  access for recreational  activities for the shortest  possible

6  time  and  on the  smallest  possible portions  of the  Cape

7   Hatteras  National Seashore Recreational Area.

8          (b)    LIMITATION       ON     RESTRICTIONS.—Restrictions

9  imposed under this section for protection of species listed

10  as endangered under the Endangered Species Act of 1973

11  (16  U.S.C.  1531  et  seq.) shall not  be greater  than  the

12  restrictions in effect for that species at any other National

13  Seashore.

14       (c)  CORRIDORS  AROUND   CLOSURES.—To the  max-

15  imum extent possible, the Secretary shall designate pedes-

16  trian  and vehicular corridors of minimal distance on the

17  beach  or  interdunal  area  around  closures  implemented

18  under this section to allow access to areas not closed.

19  SEC.   4.  INAPPLICABILITY  OF  FINAL  RULE  AND   CONSENT

20                       DEGREE.

21          (a) FINAL RULE.—The  final rule titled ‘‘Special Reg-

22  ulations, Areas of the National  Park  System, Cape Hat-

23  teras National Seashore—Off-Road Vehicle Management’’

24  (77  Fed.  Reg. 3123–3144)  shall have no force or effect

25  after the date of the enactment of this Act.

1          (b) CONSENT DECREE.—The April 30, 2008, consent

                        2   decree filed in the  United  States  District  Court  for the

3   Eastern  District  of North Carolina regarding off-road ve-

4   hicle use at  Cape Hatteras   National  Seashore  in North

5   Carolina shall not apply after  the date  of the enactment

6   of this Act.

Well there it is. And that makes the ongoing petition even more important. With over 12,000 signatures in just a week and change, this could go far.

http://www.change.org/petitions/the-us-senate-remove-the-orv-rule-and-provide-free-and-open-access?utm_medium=facebook&utm_source=share_petition&utm_term=own_wall

if you use facebook..if not, use this link.

http://www.change.org/petitions/the-us-senate-remove-the-orv-rule-and-provide-free-and-open-access

It's good to finally get this out after having been a part of working on it for months now. Thanks to all of the folks that played a part.
Now I think I'll take a nap, well deserved, I think.

Tight Lines,

Wheat.

Reading Off Of The Same Page

As we move forward in our fight against the National Park Services' "final ORV rule" many people are becoming involved in the issues here that had quit out of frustration as well as others who are relatively new, having only now, just begun to hear about the happenings on Hatteras and Ocracoke islands concerning beach access issues.

Of course, one of the things that we need done in an effort to stem the tide of this NPS land grab is for those concerned to contact media outlets and especially your elected representatives, and often. The age old phrase "the squeaky wheel gets the grease" applies here in grand fashion.

It's important though, that we all "sing the same song", per se, so that our communications are heeded and we don't end up confusing those that we wish to listen to our plight.

So here are some basic points that should help. At least that's my hope.

First off, this is not a park; not a national park either. As congress established the various areas that would fall under the administration of NPS, these areas were given specific designations. If you look through the "park system", you will find for example, national monuments, national parks, national wilderness areas, national forests, national recreational areas, national seashores, etc.

Here however, you find the nations first national seashore and the nations ONLY National Seashore Recreational Area. The true, legal, and proper name for this area is Cape Hatteras National Seashore Recreational Area or CHNSRA and NPS hates it.

So while referring to this area, please never use the term "park" but always Seashore, Recreational Area, Recreational Seashore or something similar, but never "park".

This is important because it rams home to NPS and whoever you may be talking to, the purpose of this Seashore as established by congress.

2) Congress mandated that this area be set aside for recreational use in 1937 and added the term recreational area in 1940 stating that the area be set aside and dedicated for the "benefit and enjoyment" of the American people. (Its hard to enjoy a place you cant visit)

3) Less than 3% of all wildlife mortality on these beaches since 1952 (when the Seashore was founded) can be attributed to humans and never has there been documentation of a piping plover having been harmed. Over 97% of all turtle and bird mortality and harm here has been attributed to storms and predation. This is reflected within the NPS records.

4) Four years of limited access under the consent decree showed no appreciable gains in wildlife reproductive success but did have a devastating impact on the economy of the islands and the overall visitor experience.

5)Many former visitors are publicly vowing to never return if these restrictions remain in place including the fees now charged for beach driving which are not charged to pedestrian visitors to the Seashore, forcing one user group fund the activities and infrastructure required by another.

6) The ban on night driving is based upon supposition and not science.

7) The NPS assertion that there are 2.2 million visitors to the Seashore annually is a fallacy as that would require that over 17,400 visitors were here every day of the year.

8) The newly established pedestrian only areas over lap with traditional bird nesting areas which will preclude even pedestrian access.

9) There is no meaningful access for mobility impaired persons.

And these are just some of the talking points about this final rule that can be shared with congress and your friends and who ever you think might be able to help us.

This is Americas Beach, not the private playground of NPS and their environmentalist buddies.

Tight Lines,

Wheat

Well, Today I Went And Saw The Elephant

Now 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.

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.

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.

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.

                                                               Permit Trailer

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.

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.

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".

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.

Well that was my experience. I can only imagine the nightmare that will follow.

If you have questions, I suggest you e-mail Cyndy Holda at Cyndy_Holda@nps.gov

I would also ask that you join either OBPA, www.obpa.org or
NCBBA, www.ncbba.org and help us fight the fight for free and open beach access.

Tight Lines,

Wheat

The Long Awaited Day Has Come

Thanks to all that never lost faith and continued to support our efforts for free and open access.

For Immediate Release:

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...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 treasurer@obpa-nc.org

http://www.obpa-nc.org/Rule/CHAPA-complaint.pdf

Tight Lines,

Wheat

Once Upon A Time

Once upon a time, in days when I was much younger, I fell in love with a magical place named Cape Hatteras.

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.

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.

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.

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.

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.

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.

NPS has made some spectacular claims in the past, but this one tops them all, it surely does.

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.

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.

You cannot destroy to preserve.

That's all I have to say except I look forward to the day where you are removed from your job.

Tight Lines,

Wheat