Tuesday, March 30, 2010

USGS?

I'm not the only one that writes about this travesty. Heres a post I've copied with permission of the author and worth a read!

"This is embarrassing. The scientific community should be ashamed.




This group of scientists is so inbred if some of its’ members would have children together physicians would probably warn them of the risk of birth defects. If this isn’t collusion what is? This "independent review" is the equivalent of a bunch of elementary school children grading each others papers. ("hey look we all got "A"s)



This is a group made up of exclusively "bird people" who see everything through the prism of birds. The problem is the park was created for the enjoyment and recreation of the people. Not just a select group, but all the people. And that means multiple forms of recreation, not just bird watching. What these people and their obsession remind me of is when in the movie "Forrest Gump" Forrest meets the Mississippi shrimper Bubba. Bubba is obsessed with shrimp and shrimping, and everything he seeing he somehow relates to and of shrimp and shrimping. So it is with our bird friend "Bubbas".



By their own admission in the USGS report there were ZERO nesting plovers reported in CHNSRA from 1902-1960. This included a time period in which plover population rebounded in the 1940’s and there was no development on the Outer Banks. Why no nesting? Obviously the conditions naturally present, provided very marginal nesting conditions compared to the prefered areas to the north. They then refer to 4 nesting pairs in the park by 1984 with their numbers peaking in 1989 at 15 pairs with nesting pairs declining since. Let me connect some dots for the birders. They also mention in this report how the Northeastern population went into decline until efforts were put in place during the 1980’s to improve their natural/native nesting areas in the Northeast. I’ll go slow birders, when one nesting area gets compromised/degraded, the birds are likely to emigrate to other nesting grounds (Cohen August 2009), so with development in the 1950s-70’s in the Northeast areas, the birds expanded their nesting grounds to what is naturally less desirable/productive nesting areas, like CHNSRA. When the preferred natural nesting areas further north were upgraded, they emigrated back, reducing the nesting population in CHNSRA. If you look at the big picture it’s pretty obvious. The base number of nesting population of plovers at CHNSRA is ZERO!



The lead author of this "report" Jonathan Cohen published some more recent science (as cited above) where he talks about populations emigrating from one nesting area to another. He also talks about the removal of grasses and creation/restoration of quality habitat including using beach nourishment projects. This is not unlike proposals "pro access" people have been suggesting for years at the point. This study also starts out with an interesting comment

"The threatened population of Atlantic Coast piping plovers (Charadrius melodus) has increased under intensive management of predation and disturbance. However, the relative importance of habitat quality, nest predation, and chick predation in population dynamics and reproductive success of this species are poorly understood."



http://www.wildlifejournals.org/perlserv..



Cohen makes another observation of note in his August 2009 study: "Restored breeding sites that attract plovers will not contribute to overall population recovery if reproductive success is poor and such sites may become ecological traps (i.e., locations where settlement cues are not coupled with fitness benefits; Robertson and Hutto 2006)."



In other words, we may be doing more harm than good for the plovers by trying to attract them to nest in an area that is naturally not productive for them. We might better their success by discouraging nesting at CHNSRA so that they will emigrate further north to areas where they would naturally have better reproductive success. How does this get glossed over?



Also missing in the USGS report is the little known actions taken by none other than Walker Golder and the NC Audubon during the late 1980’s-90 to use audible calls and decoys to encourage the very birds they cite as being in decline to nest on dredge spoils. By simply moving the nesting location a few hundred yards all the birds drawn to the spoils from the park reduce the nesting counts in the park! Little information is available about this action.



This is a disgrace and the "science" should be scrapped. This almost makes "Vogelsong" look credible. Bottom line, the CHNSRA was formed for the people and the management of it should be directed by the people and not some "bird politburo"."

Thanks Denny!

The contents of this post and a whole lot more can be found at:
http://www.islandfreepress.org/

Tight Lines,

Wheat

A New Nobel Prize?

I think there aught to be a new Nobel Prize. Maybe we need to start our own  committee but we'd call it the Lack of Nobility Prize, charge the winners a million dollars and put them in the stocks and pillory for a week. The over all winner gets tarred and feathered and run out of town just like during the 18th century.
Just like the real Nobel Prize, there would have to be different categories. I propose one to start and we'll add more later. The initial award would be for Whinery. This would go to someone who has whined above and beyond reason. Extra credit could be earned if the whiner spews forth lies, conducts deceptive practices, etc.
The first candidate, as an example, would be Nancy Pelosi.who in one fell swoop declared the majority of American citizens to be UN-American because of our opposition to gubment run health care. Lots of whine points for that one and she definitely gets the extra credit as well.
But there is another within whom the whine is strong. Yes folks, its none other than our favorite SELC attorney, Derb Carter This might have to be a group award as he represents DOW and Auto-ban, err. Audubon. We'll leave that for the committee to decide. And I don't know whether he's reading out of Pelosi's book or vice verse, but the resemblance is uncanny.
Lets look at what Derb has done and is doing to us.
  • He has closed most of our Seashore without sound science or any science. During the height of the season in 2009, 73% of the Seashore was closed to all ORV traffic and most of that to all visitors period.
  • Our unemployment rate has jumped to 17.5%, highest in the state.
  • Many businesses last year reported being off by as much as 60% from pre-consent decree numbers with an obvious loss of jobs.
  • More expansive closures have been in place for a longer period  while Piping Plover numbers have actually declined as have turtle numbers.
  • The extreme options that Derb and company are trying to force down our throats will mean additional job loss with an official  though probably understated  estimate of as many as 320 jobs lost with the implementation of these non science based protocols.
These actions "will probably affect small businesses disproportionately" aka. about 99% of the businesses on the islands.
Can you imagine that some people might not be exactly happy about this and are trying to prevent it?
Well apparently Derb has a problem with this. There was a status conference with our buddy Judge Boyle a couple weeks ago. Derb remarks that the intervenor defendants (those that represent you and me and responsible access) are exhibiting hostile behavior and that he was having difficulty dealing with the opposition.
Can you see the parallel with Pelosi? Yup, the whine is strong with this one.
Have to give Boyle an honorable mention for asking about getting rid of the intervenors and why are "we" even in the case.Here's why yur Honor...because "we" are the only party with legitimate standing in the entire lawsuit. Unlike Derb, we CAN show injury in fact.
Derbs even gone so far as to submit a Freedom of Information Act (FOIA) request  to read all the emails sent from the intervenors to Dare County regarding access issues.
This stuff never ceases to amaze me.
Just leave a comment after the post as to who you think should get the award. I'll keep a tally for a bit and announce the winner later.

Tight Lines,

Wheat

Friday, March 26, 2010

Say What Judge Boyle?

Back in 2008 the Southern Environmental Law Center who represented th Defenders of Wildlife and Audubon filed a lawsuit in the Fourth Circuit, Eastern District, N.C., court of Terrance W. Boyle, Judge. As I pointed out before, this was in direct violation of their agreement to refrain from legal action once the "negotiated rule-making" process had begun. Considering that all of the folks that were legally appointed to participate in this process met the previous summer within the bounds of the Seashore, these guys really broke the rules and should have been tossed out of the process. Obviously NPS wanted this lawsuit to continue else that would have happened. As discussed earlier, they filed a false claim and could not show real harm or "injury in fact" which should have precluded them from filing any suit but Judge Boyle let that slide too. So from the git go, "laws" were being broken.
What was devastating to the people who come to visit this amazing place and the residents of the islands was that within five minutes of the beginning of the "scheduling conference" in Boyle's courtroom, and without hearing any testimony, hizzhonor declared that he was prepared to shut the entire Seashore to all access for three years via the injunction that SELC requested. And if that doesn't blow your mind, he went on further to question whether those that represented pro access..aka, you and me, even had a right to be in the courtroom. SAY WHAT? We're the only people in the entire room that can show harm done and you have the audacity to question our standing? Lives are being affected here your Honor, Jobs are being lost (including my own) business are having to close and you wonder if we have standing? Did you get your law degree online? Oh thats right, Al Gore hadn't invented the internet yet, sorry.
So, during this conference SELC and NPS admitted that they had been involved in negotiations to resolve the issue. Excuse me folks but this is a direct violation of the Federal Administrative Procedures Act (FAPA) as any agency of the gubment that enters into negotiations with a non governmental organization (NGO) must publish the fact in the Federal Register and allow for public comment. This was not done and Boyle didn't call them on it. Go figure.
The consent decree and its provisions represented a significant departure from previous park management policy which also requires the completion of a process dictated by the National Environmental Policy Act. (NEPA) This requires an environmental impact study/ statement, an economic impact statement and a period of public comment, all of which was ignored. Whats amazing is that last year, Mike Murray, Superintendent of the Seashore was quoted in a Raleigh, N.C. newspaper as stating that in fact the consent decree DID represent a significant change in previous management policy.
Such begins the story of the violation of federal law that has resulted in so much economic devastation and the potential loss of a future for the children of the families that live here.
All without cause, all without the ability to show harm, and all at the expense of the taxpayer.
Believe me when I tell you this is just the tip of the iceberg...

Consider this picture which demonstrates the disdain that NPS feels for "we the people". While our economy goes into the tank at taxpayer expense, a federal employee (NPS) goes shelling on a beach closed to all pedestrian and vehicular access. Note that this within a closure designated for the federally protected Piping Plover and that virtually all scientific studies show that pedestrians bother these birds. But those rules only apply to those of us that pay these peoples salary.




The Slaughter

One of the things you experience around these parts is salt. It coats everything especially when the wind blows for a good while. There's times when the truck gets coated so thoroughly that you have to use the  washers and wiper just to see to drive. But from time to time we get a rain shower like we did this morning and all is good.  Probably by this evening though I'll need another car wash; such is life on the island.
I'm going to take a short break from the law aspects of this issue to tell you about something else thats equally disturbing to most everybody I know.
Fair warning: If you like animals and respect wildlife as we do, this is probably going to tick you off.
The primary focus and argument about wildlife protection at the Seashore has been about sea turtles and a bird called the Piping Plover (charadrius melodus), specifically the Atlantic coast breeding population which is listed as threatened under the ESA. Don't panic about the bird as it is approaching a moment when it will be eligible for delisting in a few years. Don't kid yourself though, the environmentalists wont let that happen because if it does, their cash cow, aka your tax dollars, will dry up. I'll deal with the reality of these animals in another post soon.
Whats true is that virtually 100% of all turtle and plover mortality at the Seashore has been due to storms and/or predation. Obviously NPS cant do anything about the storms but they do choose to "play God" when it comes to predation. That's a heck of a choice to make for an agency that is required to maintain a viable natural ecosystem within the "primitive wilderness". Its not just NPS either USFWS likes to play God too. In both cases they do it with a vengeance.
A few years ago at Pea Island National Wildlife Refuge somebody decided that the Canada geese that were present were a nuisance.. Some were "resident " geese while the remainder were migratory birds who just happened to pick the wrong place to nest. Once these birds nest, they begin to molt or shed their feathers and cant fly. USFWS decided that they were eating the grasses that other birds depend on.
Solution: wait for the molt and herd them into a special tractor trailer where they were all gassed ala a Nazi concentration camp. The death toll was literally thousands.
Predators utilize the natural brush that grows at PINWR for cover.
Solution: annually burn the brush to the ground destroying all life contained within as well as habitat for these animals.
NPS on the other hand takes a different approach and sets leg traps throughout the Seashore.
Result: literally hundreds of animals are killed here annually. Last year 788 mink, fox, otter, raccoons, opossum, nutria, dogs and cats were slaughtered by NPS. Yes, this includes peoples pets as traps don't discriminate.
These traps are located all over the Seashore, not just where the turtles and plovers are. And NPS has gone out of their way to conceal this effort though they must, by law, make the record public and the numbers are staggering and revolting. Is there any wonder why our community bulletin boards are filled with missing pet fliers?
Just one more fine example of your tax dollars at work. How these people sleep at night is beyond me.

Tight Lines,

Wheat

Authors note, My murdered critter figure is wrong its actually 828 total but I cant find the '09 figures right at hand.
Cape Hatteras National Seashore Recreational Area Predator Removal



2002-'07, 305
2007, 232
2008, 291
2009, ?
Totals through 2008, 828

Source: 2007 & 2008 CHNS Piping Plover annual reports
I wish I had a flash drive for my brain where I could store all this information and remove it when I wanted a break from the issues. It would be so nice to go for a while without thinking about it. But a lot of peoples futures are at stake, including my own, and the result is that I can rarely get the subject off my mind. At least I'm not alone.
 We're under assault here by an enemy that has no issue with distorting the truth and even outright lying to achieve their goal of driving all of us from these beaches. And in spite of the claims made by those that wish us gone, there is to this day, no peer reviewed science that supports their position. None, zero, zilch, nada. Oh, they're rife with speculation..could have, may have, might possibly, perhaps, we really don't know, we think etc. is all they have ever put forth because thats all there is.
After the 2007 Interim Management Strategy was put into place, NPS began a process called Negotiated Rule making wherein, at least in theory, the "stakeholders" sit down and work out some kind of plan to manage, in this case, the Seashore. The participants were all "appointed" by the Secretary of the Interior and met for the first time in the summer of '07. Part of the deal was that the various parties to these negotiations would refrain from taking any legal action during this process. That agreement was violated in October of the same year by the Audubon Society, Defenders of Wildlife and the Southern Environmental Law Center when they filed an intent to sue (as required by law) NPS. The actual lawsuit wasn't filed until the rule making process began, a violation of their agreement. Filing an intent is not filing a lawsuit. Its like the difference between thinking about going to the store and actually doing it. NPS allowed them to continue to participate in the process none the less.
The lawsuit they filed sought an injunction which would have closed the entire seashore to all access for a period of three years. The claims they made were twofold. First, that NPS was in violation of federal law because they did not have a final rule in place to manage ORV use at the Seashore and the other being that the 2007 IMS didn't go far enough to protect wildlife.
What a joke..or would have been a joke if it hadn't landed in the court of one Judge Terrance Boyle.
You see, executive orders aren't federal law. They're basically inter-agency directives dictated from the president to somebody within the gubment. The supreme court (SCOTUS) has ruled that they may carry the weight of federal law but the constitution makes no provision for the executive to author law. Its part of the separation of powers that we all learned about in civics class back in the day.
Secondly, their claim of harm was based upon pure speculation which according to SCOTUS is not enough to grant standing in federal court. (see Lujan vs. Defenders of Wildlife 1992) You've got to be able to show real harm or "injury in fact" to be able to sue the gubment and they didn't have that ability and by admission of certain "scientists solicited recently by the Audubon Society, still cant. But Boyle granted them standing none the less.
All of this resulted in something called a consent decree or as I prefer to call it, the "Decree of Forced Consent" The "ins and outs" of this travesty of justice and its impact I'll deal with on the morrow.
This boy has to eat and read and digest an 810 page Draft Environmental Impact Statement just published by NPS. Yee Haw!

Tight Lines,

Wheat

Thursday, March 25, 2010

Back To The War

Back in the late sixties when most folks didn't have color TVs, there was no internet and such, a movement began in this country that redefined how many folks looked at the environment and the place of human beings within. And much like any other political issue, you had people that voiced opinion that ranged from one extreme to the other. Some of the most extreme environmentalist views even advocate the extermination of humans from the planet. That extreme reminds me of Al Gore, who flies huge jets across the world  and burns enough energy to warrant a $23,000 bill every month to heat/cool his house all the while yelling at you and me about global warming. Good job Al..What a way to set an example. But I'm not going to get into that issue...what I will deal with is bad science or a distinct lack of any science to prove the issue...any issue. So along comes Congress and they pass a bill called "The Endangered Species Act" or ESA for short. It probably wouldn't have been a bad bill if our representatives had actually put some thought into it or even read it before the vote. As mentioned before, among other things, it provides "we the people" the ability to sue the Government forcing same to provide protection for various and sundry species. That too is not such a bad concept until it leads to abuse. And that abuse comes in the form of environmental lawyers who sue us, we, the people, for profit.
This relates to the Seashore because in 1972, Richard Nixon signed  Executive Order (EO) 11644 which required NPS to establish formal rules governing the use of off-road vehicles (ORVs) within National Parks. Brought about by environmentalist pressure, this was due primarily to the unregulated use of ORVs within the western parks (as in western USA) but it applied to all of the units managed by NPS. No issue with that on my part. So, the various units of the park Service had ten years to promulgate a "plan" specific to each place. Each of these plans is required to satisfy provisions contained within the Federal Administrative Procedures Act and the National Environmental Policy Act. But also, they are required by law to take into account the reasons for which these various areas have been established which according to published NPS policy, must, by law, be taken into account first.
In 1978, a Draft Interim Management Strategy, or plan, was established by NPS for the Seashore. It included provisions for traditional access as well as wildlife protection under which NPS operated for almost 30 years. The problem was that the plan was never entered into the Federal Register. Once the plan was finished, it was sent to the Atlanta offices of NPS and nobody knows what happened to it. At least thats what they claim. Either way, it was clear to NPS that a formal "rule" was needed to satisfy EO 11644.
The pressure on the folks that utilize this resource as well as NPS started in earnest with the likes of one Lawrence (Larry)  Belli, Superintendent of the Seashore who was ousted from his position and sent to Atlanta to run concessions as I recall. Well he didn't apparently like selling hot dogs and sued NPS for his job back..was bought off with your tax dollars and apparently moved back up here somewhere. I guess thats what happens when you forget what your job is.
Jump ahead to the latter half of this decade and we have a new superintendent by the name of Mike Murray. He came here after effectivly shutting down Cape Cod National Seashore. Most of us listened to what he had to say and wanted to believe because we care so much about this place. He reportedly spent alot of time on these beaches as a child and at his "meet and greet" meeting at the Cape Hatteras Anglers Club stated that in his opinion, ORVs were a traditional form of access to the seashore. Well thats true Mike, but at this point, most of us are convinced that you came to this place to shut it down to all access, ORV or not. I would so love for you to prove me wrong.
In 2007 NPS followed the law and went through a NEPA process to formulate another interim strategy that would manage the Seashore until a final rule was in place. This process involved input from user groups, the gubment and environmental groups as well. As a thoroughly vetted process, it was entered into the Federal Record in the summer of that year. And then the shit hit the fan and we're still reeling. Jobs have been lost, businesses have been closed, millions of our tax dollars have gone to waste...it goes on.
I need a break, this ticks me off...back in a few

Tight Lines,

Wheat
Long ago I came to the realization that this place is addicting, very, very addicting. The beaches, the water, the wildlife and the folks that make up the community of those that live here and visit all combine to create a phenomenon that nobody I know can get enough of. But then I suppose Congress was counting on that when the Seashore was established. To the casual observer, Its got to be astounding. Imagine yourself sitting out at Cape Point watching a Drum bite in the fall. Here ya have a bunch of folks standing in the water, shoulder to shoulder, being pounded by the waves, often over their heads, with these 12 plus foot long fishing rods weaving in and out of each other like some choreographed ballet. All in the quest of that elusive 40 plus inch long fish. A fish that will be tenderly released back to the water. Then a few minutes later you hear these same wader /spray jacket clad, ruff and tumble, dressed for combat folks, standing around discussing recipes that would put any five star chef to shame. If its not that, it might be bird habitat and breeding behavior or conservation issues, beach dynamics...you name it. Many a soul has walked away astounded by the depth of knowledge possessed by this band of brothers and sisters. Its a "family" thing that can only be experienced first hand.
These are the same folks that go out of their way to ensure that this place is cared for as it is. That to, is part of "the magic" that is this Seashore. Did you know that the park Service has no clean up crew for these beaches? They don't need one. There are no overflowing trash cans here, no sand sifting "beach combines" to remove litter. These aren't needed either and never have been. And its all because we do it. That's why to this day, these beaches are still repeatedly referred to as pristine. Pretty amazing, huh?
Perhaps one of the most astounding examples of this ongoing effort occurred a couple years ago. There was a storm offshore that ended up washing a container full of ceiling fans from the deck of a ship at sea. The container broke open and spilled its contents into the ocean. That meant thousands of cubic feet of styrofoam was washed ashore in pieces. It literally covered the beaches and was so thick in spots that from a distance, it looked like a heavy snow. The day after it happened a bunch of environmental students showed up from East Carolina University, and the day after that, contracted employees from the shipping company showed up to help out. Problem was, by the time these folks arrived, the job was done; by us. Where was Audubon, The Defenders of Wildlife and the Southern Environmental Law Center? Where was the Cape Hatteras Bird Club and Neil Moore? Where was Sydney Maddox? Nowhere to be found, thats where. Nope, we did it ourselves and without having to be asked. I should point out that Cyndy Holda from NPS, one of the cast of characters that is trying to remove us from these beaches, did go from tackle shop to tackle shop begging for assistance. Imagine that. Apparently we can be of use from time to time.
Don't get me wrong, there are NPS folks that agree that whats going on here is beyond ridiculous but increasingly, they are few and far between. And I haven't even touched upon the real issues yet.

Tight Lines,

Wheat