Today Senators Dole and Burr and Congressman Walter Jones introduced a bill in both houses to abolish the
consent decree and return the management of Cape Hatteras National Seashore Recreation Area to the NPS
and the Interim Management Plan. Now we need everyone who lives in another state to contact their
elected officials and plead with them to vote for this bill.
The economy of Hatteras Island has already been severely affected by these unreasonable closures and this is
the first true glimmer of hope that we have had. If you enjoy accessing the beaches for surf fishing or care about
the economic future of the island and the wonderful people who live there..please do what you can to help us
out! Call, email, or fax your congressmen and representatives and ask them to support this!
Here's the news release:
Dole, Burr and Jones Introduce Legislation to Allow Off-road Vehicle use on Cape Hatteras National Seashore
Washington, D.C. – U.S. Sens. Elizabeth Dole and Richard Burr and U.S. Rep. Walter Jones today introduced
legislation in the Senate and House of Representatives that would reinstate the Interim Management Strategy
governing off-road vehicle use on Cape Hatteras National Seashore (CHNS). The reinstatement of the original
Interim Management Strategy, issued by the National Park Service (NPS) on June 13, 2007, would set aside
current mandates and requirements which were put in place in the wake of a consent decree filed in the U.S.
District Court for the Eastern District of North Carolina, that prevent off-road vehicle and citizen access to a
significant portion of this National Seashore.
“I share the concerns of many North Carolinians about the negative ramifications that severely restricting off-
road vehicle use at CHNS will have on the local community and economy,” said Dole. “Beach users and
members of the local community deserve to have their voices heard to ensure the development of a long-term
plan that protects the natural habitat of the Seashore while maintaining its economic and recreational benefits.”
“As Ranking Member on the National Parks Subcommittee, I always try to make sure that North Carolinians
have access to our state’s scenic treasures,” said Burr. “It is unfortunate that people are prevented from
accessing Cape Hatteras at times because of the new restrictions. I am certain we can come to a compromise
that allows people to have access while at the same time addressing any potential environmental concerns.”
“The consent decree has once again shown that managing the Seashore through the courts – without public
input – is always a bad idea,” said Jones. “This bill would restore reasonable public access and would bring the
public back into the process on a level playing field by reinstituting the Interim Management Strategy until the
Negotiated Rulemaking Committee can produce a final rule.”
If enacted, the National Park Service’s Interim Management Strategy will go into effect immediately and end
upon the National Park Service establishing a long-term off-road vehicle management plan for the use of
CHNS by the public.
Background
In 1972, President Richard Nixon issued an Executive Order that required all federal parks, refuges and public
lands that allow off-road vehicles access to develop and implement a detailed management plan to regulate
and assess environmental impacts. CHNS never developed a management plan, and as a result, Cape
Hatteras has been out of compliance for over three decades.
In December 2005, the NPS developed a three-phase plan to begin the negotiation process and create
regulations that would allow CHNS to meet compliance standards; however, on July 17, 2007 an injunction was
filed by the Defenders of Wildlife and the National Audubon Society to prevent off-road vehicle use until a
management plan is established and approved. A settlement negotiation process ensued, and on April 30,
2008, a federal judge approved a consent decree, proposed by the plaintiffs and agreed to by the parties
involved in the case – the National Park Service, the U.S. Department of the Interior, the Superintendent of
Cape Hatteras National Seashore and the U.S. Fish and Wildlife Service. The settlement, which went into
effect on May 1, 2008, requires that all seashore ramps be closed to ORVs from 10 p.m. until 6 a.m. through
November 15, 2008, that buffers for nests and chicks are clearly defined and in some cases more restrictive,
and that deliberate violations of the buffers will result in an expanded restricted area.
Here's some info from John Couch with the Outer Banks Preservation Association (OBPA):
The House bill is HR 6233. The Senate Bill is S. 3113, as noted in this email from Rep. Walter Jones office. A
lot happening right now . We will kick off a massive action alert tomorrow. We will need everyones help country
wide to get their Federal Representives to vote on this ASAP. Thank youall my friends. John Couch
Sample letter to your Va senators or house member:
Dear Senator Webb:
House bill is HR 6233
Senate Bill is S. 3113
I am writing in hopes that you will please vote for a bill that will soon be before you. It concerns access to small
enclaves that until now, were open to fishermen driving within specific designated areas of the Outer Banks of
North Carolina. Most of the beach is, and has been restricted for many years; only these comparatively small
areas remain set aside for “ORV” use.
I’m certain that I speak for every avid fisherman in saying that the access to these areas has never been more
in doubt than now. We respect the wildlife we share this beach with, and do the utmost to keep it clean. We
have helped preserve the only spots left for us to freely drive to for surf fishing access. Personally I have only
used ORV access at Oregon Inlet once, but feel strongly about public access to these last remaining “Free
Access” fishing locations.
The Audubon Society and Friends of Wildlife essentially implemented the decree this bill addresses. This
decree was implemented without concern for the people of the area, and without input from local people or
jurisdictions other than a judge. I have read much information about the justification for the decree, and find very
little qualified scientific proof for any of it. The main subject of the decree (Piping Plover) is not an endangered
species. The areas being restricted are consistently washed over during normal storms making them unstable
and unsuitable for nesting. (The reason there are so few nesting in these areas.)
Please vote for this bill and restore a greatly loved liberty. We promise we will share the beach and cherish it
just as we have for decades. Please do not let these special interest groups force their values upon these small
remaining areas, so they may no longer be shared.
Respectfully
Bob Allen,
Member of following organizations:
Recreational Fishing Alliance
Peninsula Salt Water Sport Fishing Asso
VA Council of Angling Clubs
Portsmouth Angling Club
Norfolk Angling Club
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