Of 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.

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.

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.

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.

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.

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.

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.

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..

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.

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.

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.

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.

The next one is taken by Ramp 43 which shows the lighthouse at about .98 miles away.

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.

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.

I know, it's still hard to imagine, but I tried.

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.

Information on who to contact and details about what's happening here can be found here as well as:

www.obpa.org

www.ncbba.org

www.islandfreepress.org

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.

Tight Lines,

Wheat

The 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:
 http://articles.boston.com/2011-08-14/lifestyle/29887156_1_pairs-of-piping-plovers-beaches-chicks

The impetus for this post, however, is this years record of ploover (rhymes with hoover like the vacuum) nesting.

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.

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.

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.

Well guess what, sometime between last Thursday and today, NPS managed to lose an entire plover nest at Cape Point. Coincidence?

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.

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.

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"

www.obpa.org

www.ncbba.org

www.islandfreepress.org

The facts and history are all there.

Tight Lines,

Wheat

If 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.

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.

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.

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.

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!

Pictured also is Jim Keene who has been instrumental in our fight for access for years.

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.

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.

Irene Nolan wrote a great article about the testimony yesterday in her blog which is found at:
 http://islandfreepress.org/PivotBlog/?e=191#body-anchor

And information on the hearings, the lawsuit and so much more can be found at www.obpa.org

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: http://nc.audubon.org/hagan-and-burr-run-over-sea-turtles-rare-birds-pedestrians-and-tourism-unleash-road-vehicles-cape-ha

So lets have some fun with this..my comments in red.

Hagan and Burr run over sea turtles, rare birds, pedestrians, and tourism to unleash off-road vehicles in Cape Hatteras National Seashore

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?

Lindsay Addison

New legislation threatens nesting birds at Cape Hatteras.

Press Statement from Audubon North Carolina, Defenders of Wildlife, and the Southern Environmental Law Center
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:
"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.
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.

"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.
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.

"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.
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.

"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.
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.

"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 (somehow we lost six miles of our islands) are set aside as year-round ORV routes with only 26 miles designated as year-round vehicle-free areas for pedestrians, families, and wildlife. (Really? So I can drive to Cape Point?) 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, (Wait, didn't you just tell us it was open year round?) the new plan also proposes new parking facilities, access ramps, and water shuttles to increase visitor access to Cape Hatteras National Seashore beaches."

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?

Background:
• 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. (False) During an interim management period prior to the Park Service's January rulemaking, rare bird and sea turtle populations showed signs of recovery, (recovery from WHAT? Mother Nature?) park visitation held steady or increased annually, (False)  and tourism remained strong in Dare County, NC, where much of the seashore is located, despite a nationwide recession. (Only in upper Dare, not on Hatteras or Ocracoke..You're twisting the truth yet again)
• 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. (Upper Dare, Not on Hatteras Island nor on Ocracoke which is in Hyde County) 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. (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)  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. ( just a repeat of the same rhetoric and misleading information)
• As a unit of the National Park System, Cape Hatteras National Seashore has been required under federal law since 1972 (executive orders are not federal law.)  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, (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.) to minimize conflicts with other, non-vehicle-based uses of the seashore, and to preserve the seashore for present and future generations. ( And the purpose of preserving it for future generations of people that wont be allowed on our beaches if you get your way, is?) After decades of non-compliance, the new rules bring the NPS into compliance with that requirement.

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.

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.

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.

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.

Don't forget we're doing it again, May 5th at the Fessenden Center in Buxton..music from 2pm till midnight to benefit OBPA.

Tight Lines,

Wheat

 

Living 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!

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.

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.

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.

The nails, are presumably, to prevent this guy from having a decent meal.

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.

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,

 

3/31/2012

Mr. Williams,

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.

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.

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.

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.

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.

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.

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.  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.

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).

First of all, Cape Hatteras National Seashore Recreational Area is not a “park”.  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.

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.

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.

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.

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.  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.

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.

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)

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.

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.

Though I have doubts as to whether you will let this post stay, for the record, it will be published on my blog.  www.wheatseyeonhatterasislandnc.blogspot.com

In the future, I hope you take the time to check your facts and put them into prospective.

Sincerely,

Wheat

Ted's post can be found at:

http://www.flyrodreel.com/blogs/tedwilliams/2012/march/national-service-control-killing#comment-4047

Enjoy..

Tight Lines,

Wheat

Of Letters And Signs And Times

Id like to start off by wishing everyone a Happy St. Patrick's Day. I hope you all have a wonderful and safe evening!

This has been a busy week for those of us involved in the issues of access and for that matter, egress to Hatteras Island.

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.

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.

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:
http://islandfreepress.org/2012Archives/03.12.2012-USFWSSaysBridgeReplacementIsCompatibleWithConditions.html

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!

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.

It is ok, if you work for the NPS, to leave tire tracks which wont wash away readily as the following photograph clearly shows.

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.

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:
http://islandfreepress.org/PivotBlog/pivot/entry.php?id=185#body

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:
http://islandfreepress.org/2012Archives/03.14.2012-GuestColumnTheConsentDecreeAndTheAbsenceOfScience.html

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.

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.

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:

http://judiciary.house.gov/about/members.html

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.

So here is the letter. Please remember to change the address  and date to each member!

The Honorable Lamar Smith
House of Representatives Washington, DC 20515

March 12, 2012

Re:  H.R. 4094, Preserving Access to Cape Hatteras National Seashore Recreational Area Act

Dear Chairman Smith:

On February 28, 2012, the honorable Walter B. Jones introduced H.R. 4094, Preserving Access to Cape Hatteras National Seashore Recreational Area Act.

This legislation became necessary when, on February 15, 2012, the National Park Service promulgated rules that severely restrict public access to the Cape Hatteras National Seashore Recreational Area (CHNSRA).  Congressman Jones recognized that reasonable recreational access can only be assured through legislation that defines requirements which must be met by the National Park Service at CHNSRA.

This legislation is important to citizens across the state of North Carolina, as well as to citizens from all parts of the country who regularly visit the seashore seeking an affordable, family- oriented beach vacation.

I urge you to join Congressman Jones in this effort by supporting this important legislation, H.R. 4094, in your role on the House Judiciary Committee.

I also fully support the efforts of The Cape Hatteras Access Preservation Alliance (CHAPA), and ask that you support their efforts as they work to restore reasonable and responsible access to our National Seashore Recreational Area. CHAPA is a grassroots project initiated by the Outer Banks Preservation Association (OBPA) committed to balancing recreational access with resource management.  For over thirty years, the OBPA has worked to maintain the seashore as intended by Congress when CHNSRA was established as the nation’s first, and only, National Seashore Recreational Area.  Preserving the traditional and cultural values of the seashore has been a fundamental principal for CHAPA. The organization represents over 10,000 members from 38 states.

I look forward to seeing this legislation, with your help, move forward through committee and ultimately the full House.

Respectfully,

(your name and info)

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.

Tight Lines,

Wheat

The Next Step

Many have called and asked me "so what is the next step and where do we go from here"? This of course, relates to the introduction of a bill in the House of Representatives yesterday by the Honorable Walter B. Jones of North Carolina.

Irene Nolan of Island Free Press put together a quick run down of the bill and the history of legislative efforts to prevent the destruction of our way of life and heritage of our Seashore that can be found at:

http://islandfreepress.org/2012Archives/02.28.2012-JonesIntroducesBillToOverturnbothORVFinalRuleAndConsentDecree.html

Included in her story is a link to the actual bill which is located at:

http://islandfreepress.org/2012Archives/02.28.2012-JONENC_053.pdf

The Bill has been quickly assigned a number, HR 4094 and has been referred to the House Natural Resources Committee. It was in this same committee that the first attempt at restoring reasonable access to this Seashore was defeated by a vote that went straight down party lines.

Many have become rather excited about the petition mentioned in Irene's article which is now close to 13,000 signatures in not quite two weeks..and for good reason. It shows tremendous displeasure by the residents and visitors to this Seashore (not a park) relevant on what has clearly become an effort by the Park Service to discourage visitation and decimate the economies of the islands.

In short, they don't want us, the very people that own this Seashore, on what they consider to be their beach. This, in spite of the Congressional mandate dictating to NPS that this area is for recreational use "which shall be developed for such uses as needed".

So, you want to help?

The first thing needed regarding this bill, HR 4094, is co-sponsors of the bill itself. One of the most simple ways to do this is to look up the email address of your local House (not Senate) representative, write a short paragraph asking them to co-sponsor HR 4094 and then explain why it is important to you and your family. You can also go to the petition site, after writing the paragraph asking for co-sponsorship and copy and past the petition letter. It reads:

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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.

We humbly ask also for relief from the actions undertaken by Ken Salazar, Secretary of the Interior, Jonathan Jarvis, Director, National Park Service, Michael B. Murray, Superintendent, Cape Hatteras National Seashore recreational Area and others.

Cape Hatteras National Seashore was authorized by an act of congress (16USC459) in 1937. Within this legislation is contained a mandate to the Park Service that states specifically “which shall be developed for such uses as needed” relevant to recreational activities. Amended in 1940, it became known as Cape Hatteras National Seashore Recreational Area and was set aside and dedicated “for the benefit and enjoyment of the American people”.

In 1952, the present Director of the National Park Service, Conrad Wirth, published a letter to the residents of Hatteras and Ocracoke islands in the Coastland Times, wherein he described that the Secretary of the Interior had expanded the boundaries of the villages within the Seashore to accommodate the growth necessary to cope with the anticipated visitation levels, that ramps would be constructed to facilitate vehicular access to the beach and protect the dunes, and that the people would always have access to the beaches.

Subsequently, two Executive Orders were issued by Presidents Nixon (11644) and Carter (11989) meant to manage off road vehicle (ORV) use on lands managed by the Park Service. In both cases, the Park Service was given six months to determine which areas would be open or closed to ORV use and in every instance, NPS left virtually the entire beach system, the area of the Seashore most adaptable for recreational use, open. President Carters order went one step further and relayed to NPS that they were not to close an ORV route unless they could show that it either is causing or will cause “considerable” adverse effects to the resource. For over 70 years, the Park service has not been able to satisfy this requirement in order to justify closing ORV access to any portion of this Seashore.

In 1978, the Congress passed an additional amendment to the Organic Act, where the enabling legislation for the Seashore is found. Specifically 16USC459 section 1a.1 otherwise known as the Redwoods Amendment, which forbids the Park Service from conducting any activity that would result in significant derogation of the mission established by congress for this area without “direct and specific” authorization from congress; which the Park Service does not possess.

On February 15th of 2012 the National Park Service began the implementation of a new management directive for the Seashore under the auspices of an Off Road Vehicle management plan. This “plan”, will in truth, do nothing more than discourage the visitation upon which the economies of Hatteras and Ocracoke Islands, depend.

Whereas, the National Park Service and the Department of the Interior have violated the National Environmental Policy Act, the Federal Administrative Procedures Act as well as the Organic Act.

And, they readily admit that nearly 100% of the financial impact will be felt by the villages surrounded by the Seashore,

And, that the newly instituted fee based access system applies only to one user group (ORV users), requiring those wishing to take their family vehicles on the beach to pay a fee to support the infrastructure for pedestrian only visitors,

And that NPS does not have the infrastructure in place to handle permits during the busy Spring, Summer and Fall seasons,

And, that NPS has determined vehicle carrying capacity limits which will prevent visitors from accessing the Seashore,

And, that major portions of the most popular beaches contained within the Seashore are being closed to ORV traffic in violation of E.O. 11989 as mentioned above,

And, That NPS does not have the funding to construct the facilities necessary to implement this new “rule”,

And, that NPS chooses to eliminate all access to the most popular areas of the Seashore, notably the inlets, Oregon, Hatteras and Ocracoke without any sound scientific basis for doing so,

And that NPS has not satisfied the requirements set forth within the National Environmental Procedures Act which would qualify this Seashore as a Traditional Cultural Property though the traditional use patterns and significance far exceed the parameters set forth within NEPA.

And, that NPS records indicate that better than 97% of all harm to wildlife has been the result of storms and predation, not human interaction,

And, that the prohibition on night driving on our beaches is purely supposition and not based upon sound, peer reviewed science,

And that the NPS and DOI have killed thousands of animals on Hatteras and Ocracoke Islands in the name of species protection and or overcrowding as was the case when USFWS eliminated, in a gas chamber, literally thousands of geese at Pea Island National Wildlife Refuge,

And, that in spite of the recommendations forwarded to NPS by Gordon Meyers, Chairman of the North Carolina Wildlife Resources Commission, NPS continues to plan for Endangered Species Act protection levels for non-endangered, non-threatened birds, which Meyers said were unnecessary,

And, that NPS has designated Vehicle Free Areas, for pedestrian use only, which almost perfectly overlap areas known to be closed throughout the nesting season for these same non-endangered, non-threatened bird species thereby effectively eliminating any access within these areas,

And, that is has become clear that NPS seeks to severely limit visitation to the Seashore by implementing these draconian measures which will in effect, turn this Recreational Seashore into a wildlife sanctuary in spite of the directives issued by congress and the inability to show harm to this resource or it’s wildlife.

It is for these reasons and others that we humbly beseech the Member of the House and Senate to provide relief from these draconian restrictions.

We ask that NPS be firmly reminded that their primary mission at this Seashore is to develop this area for recreational use as needed as outlined in 16USC459 sec.3.

We also ask that NPS be remanded for violation of 16USC459 sec.1a-1 as they have no direct and specific authorization from congress to derogate from the mission established for this area.
We ask that NPS be required to fully consider this area as a Traditional Cultural Property as express within the NEPA guidelines.

We also ask that any process of permitting beach driving should be free of charge to the American Public in order to limit user conflict and discriminatory penalty.

We also ask that beach driving be restored on a year round basis throughout the night and day regardless of the time of year except, with proven science, such restrictions are in place only to protect species covered by the Endangered Species Act.

We ask that closures be limited to the absolute minimum so as to satisfy the original intent of congress.

We ask that the new “rule” established by NPS be discarded in favor of a more responsible, user friendly regulation that no longer discourages visitation to the Seashore.

We ask that NPS be required to prove real harm or “injury in fact” rather than provide speculation and that sound, legally peer reviewed science be used in such decisions.

With measures such as these in place, the people of this nation will once again be able to enjoy their Seashore without fear of being turned away and the economies of Hatteras and Ocracoke may eventually recover. As things stand now, over sixty businesses have failed since NPS began its assault on our Seashore and over 500 homes have gone into foreclosure. A rather staggering statistic considering that between the two islands there are only about 5000 residents.
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If you need help finding your local House Representative, go here:

https://writerep.house.gov/writerep/welcome.shtml

So let's work on getting some co-sponsors for this Bill.
From there, we begin to work on the Resources Committee so this can go to the floor for a vote!

Tight lines,

Wheat