UMS
United Mobile Sportfishermen

Representing 28 Organizations With Over 75,000 Members
"Keepers of the beach"

The Rod and Gun Conversationalist Versus the Laptop and Birkenstock Conversationalists
The battle for the beaches continues on the North Carolina Coast and Hatteras Island. The Southern Environmental Law Center filed a
motion Wednesday the 20th of February in U.S. District Court. According to an Associated Press wire story, the motion asks that off-
road vehicles be banned from 12 percent of the shoreline. The reason they gave is that while the park service is developing rules, the
process could take three years and that the areas have already seen sharp declines in nesting.

This is just one more battle in the war for access to the Cape Hatteras National Seashore. Since the 70s, over half of the island has been
closed to beach access by vehicles and while the motion filed covers 12% of the park, it will involve closing over 25% of the remaining
beach access. One of the areas most contested is the point area of Cape Hatteras, probably the most fished stretch of beach on the
entire Atlantic coast.

The reason for the requested closure is the piping plover, a small grey shore bird that is in threatened status. Last year, there were 6
nesting pairs of piping plovers on the entire park and these 12 birds are the primary reason for all this effort. Hatteras Island is the
extreme northern range of the piping plover as there have been no birds reported north of the town of Nags Head. The piping plover
makes its nest in grassless sand above the high tide line. In a world of predators including foxes, opossums, raccoons, and thousands of
sharp eyed gulls and other avian predators, it’s a miracle that they ever successfully raise a clutch.

In an attempt to get some of the chicks to survive, the Wildlife Services and Resource Management Staff trapped and removed 76 red
fox, 33 grey fox, 234 raccoons, 103 opossum, 64 feral cats, 23 nutria, 1 muskrat, 1 river otter, and 1 mink from in and near bird nesting
habitat on Bodie, Hatteras and Ocracoke Islands since 2002.

The park service also monitors possible disturbances to the plovers. According to the 2007 CHNS Piping Plover Report, during the
period of April 1-August 31, 2007, resource staff recorded 249 pedestrian, 25 ORV, 17 dogs, and 1 horse disturbance.

In addition to trapping predators and monitoring possible disturbances, the park service also puts protective enclosures around the nests
once eggs are laid. The 6 pairs of plovers that attract all this attention, money and human resources,  represent 4 tenths of a percent of
the Atlantic population in the extreme edge of their range, remember that these birds are threatened, not endangered. They represent
less than 2 tenths of a percent of the total population

For these 12 birds, hundreds of thousands of dollars have been spent while rampant private development goes on in the part of their
range that they really do have a chance of reproducing. It is common sense that animals on the extreme edge of their habitat will have
more trouble reproducing since they are at the outer limits of their range. Further, while the Southern Environmental Law Center
spokeswoman, Melinda Pierson, stated that the areas have seen sharp declines in nesting, this is not at all true. According to table 3a of
the Cape Hatteras National Seashore 2007 Piping Plover Report, there were more fledged nests last year than any year since 1998.

The fact is that, while I have no idea of the motives of the Southern Environmental Law Center and other organizations trying to restrict
public access to our National Parks, I really doubt that it is concern for the beaches of North Carolina or the 12 little birds that all this fuss
is about.

While the lawyers of this and similar organizations continue to restrict the public from conveniently fishing these beaches, the
organizations like the North Carolina Beach Buggy Association continue to spend weekends cleaning up the beaches and trying to raise
money to fight the new class of conversationalist that wants to limit our National Parks to backpackers and hikers.

Not to get off the subject, but while the volunteers are picking up trash washed up on the beaches from ships, beach development, and
other sources, the National Parks Service is spending hours and hours monitoring the piping plover and other threatened and
endangered species on the island. For an education in where your tax dollars go, search Cape Hatteras Piping Plover Report to see the
35 or so pages of charts, maps, reports and daily monitoring and reporting of the activities of these 12 little birds. At about 0ne and a half
ounces each the four chicks that made it to fledgling status this year probably cost about a million dollars a pound, not counting costs to
the community in loss of revenue due to the closures already imposed.

There are arguments within the hunting and fishing community as to whether it is better to fight the environmentalists or to join them and
try to direct the environmental community in a direction we can live with. I certainly don’t know the answer to that since there is no way to
tell for sure what the real motive of any given movement is. But the Southern Environmental Law Center is talking out of both sides of its
mouth.

Third District Representative, Walter B. Jones (R-NC), issued the following statement: “This development is especially troubling for many
reasons.  These groups demanded a seat at the negotiating table but their true intentions must be called into question when they insist
on using the courts to short circuit or influence the negotiating process.  Furthermore, available evidence suggests that the Park’s interim
management strategy has been successful in protecting endangered birds, so it is simply not credible to claim that beach driving needs
to be stopped in order to save birds.”

Attorney Lawrence Liebesman, of Holland &Knight LLP, a Washington DC environmental attorney representing the counties involved
and a coalition of beach access groups, said, “Public access to beaches was guaranteed by the founding legislation creating the Cape
Hatteras National Seashore.” Warren Judge, Chairman of the Dare County Board of Commissioners said,  “ORVs are used at CHNS by
our residents and many visitors to enjoy different activities including fishing, bird watching, swimming, water sports, and sightseeing.  
Beach driving is an essential part of our heritage and an important aspect of our local economy, and Dare County is committed to doing
everything possible to ensure this access to our beaches.”

While hunters and fishermen have funded conservation issues and gotten their hands dirty for the last 75 years we are losing ground fast
to environmental groups that may have good intentions but little interest in the future of our sport or the financial stability of the people
living in the areas in question.  Politics has a short memory and we can’t rest on our laurels and assume things will stay as they are.
Those interested in the outdoor sports of hunting and fishing  need to get involved.
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