Here is a letter prepared by David Joyner, President of North Carolina Beach Buggy Association (NCBBA). The Board of Directors of the Cape Hatteras Anglers Club (CHAC) endorses the position taken by NCBBA regarding the NPS ORV Final Rule as expressed in this letter. This letter has been reproduced by CHAC with permission of NCBBA.
National Park Service News Release
FOR IMMEDIATE RELEASE: DATE: February 1, 2012
CONTACT: Cyndy Holda, Public Affairs Specialist, 252-473-2111, ext.
148
Information Regarding Cape Hatteras National Seashore ORV Final Rule
The final special regulation (rule) for the management of off-road vehicle
(ORV) use at Cape Hatteras National Seashore (Seashore) was published in the Federal Register on January 23, 2012 and becomes effective on Wednesday, February 15, 2012. The rule designates ORV routes and authorizes ORV use at the Seashore in a manner that will protect and preserve the unique natural and cultural resources of this dynamic barrier ecosystem while permitting the use of vehicles on Seashore beaches and provide a variety of safe visitor experiences while minimizing conflicts among various users. Under National Park Service (NPS) general regulations, the operation of motor vehicles off of roads within areas of the National Park System is prohibited unless authorized by special regulation.
To provide more information about the rule and its requirements, the NPS has prepared a Frequently Asked Questions (FAQ) information sheet and a map showing designated ORV routes as well as pedestrian areas where ORVs are not authorized. The FAQ and map are now available on the Seashore’s
website located at: http://www.nps.gov/caha
When the rule becomes effective on February 15, 2012, an ORV permit will be required to operate a vehicle on the designated ORV routes at the Seashore.
Permits can be obtained beginning on February 15 at any of the three NPS ORV permit offices located at Coquina Beach, the Cape Hatteras Lighthouse Visitor Center (Buxton), and the Ocracoke Visitor Center. These offices will be open year-round, seven days a week, except Christmas Day, from 8:00 a.m. to 4:30 p.m., with expanded hours on weekends and holidays during the summer season. The cost of an annual permit (valid for the calendar year) is $120. A 7-day ORV permit (valid from the date issued) will cost $50.
In order to provide the public with ample time to obtain a permit, there will be a transition period between February 15 and March 15 before the rule is fully implemented and enforced. During the transition period, the NPS will install new ORV route markers and information signs and begin implementation of the species management measures that were identified in the December 2010 Record of Decision for the Seashore’s Off-Road Vehicle Management Plan / Final Environmental Impact Statement. Visitor contacts during the transition will focus on informing the visiting public about the ORV permit and other beach driving requirements under the special regulation.
For more information, see the FAQ posted on-line at:
http://www.nps.gov/caha; or call 252-473-2111 ext. 148.
-NPS-
Date: July 7, 2011
Contact: Outer Banks Group, 252-473-2111
The National Park Service (NPS) announces that the Notice of Proposed Rulemaking for the management of off-road vehicle (ORV) use at Cape Hatteras National Seashore has been published in the Federal Register (FR). The FR Notice officially initiates the 60-day public comment period on the Proposed Rule.
SUMMARY: The NPS proposes to designate routes where off-road vehicles (ORVs) may be used within Cape Hatteras National Seashore (Seashore), North Carolina. Under NPS general regulations, the operation of motor vehicles off of roads within areas of the national park system is prohibited unless otherwise provided for by special regulation. The proposed rule would manage ORV use at the Seashore to protect and preserve natural and cultural resources and natural processes, and provide a variety of safe visitor experiences while minimizing conflicts among various users. The details of potential beneficial and adverse economic effects of the proposed rule can be found in the report entitled “Benefit-Cost Analysis ofProposed ORV Use Regulations in Cape Hatteras National Seashore” which is available online at http://www.parkplanning.nps.gov/caha.
· Mail or hand deliver to: Superintendent, Cape Hatteras National Seashore, 1401 National Park Drive, Manteo, North Carolina 27954.
Comments submitted through the Federal eRulemaking portal: http://www.regulations.gov or submitted by mail must be entered or postmarked before midnight (Eastern Daylight Time) September 6, 2011. Comments submitted by hand delivery must be received by the close of business hours (5:00 p.m. Eastern Daylight Time) September 6, 2011. Comments will not be accepted by fax, email, or in any way other than those specified above, and bulk comments in any format (hard copy or electronic) submitted on behalf of others will not be accepted.
PUBLIC PARTICIPATION: All submissions received must include the agency name and RIN for this rulemaking: 1024-AD85. All comments received through the Federal ERulemaking portal at http://www.regulations.gov will be available without change. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment including your personal identifying information may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. To view comments received through the Federal eRulemaking portal, go to http://www.regulations.gov and enter “1024-AD85” in the “Keyword or ID” search box.
For further information, call 252-473-2111, ext. 148.
For more information and a comment from John Couch, President OBPA click on the link to the Dare County Website presented below. While you are there click on News to read NC Governor Perdue’s letter in support of legislation to reinstate the Interim Protected Species Plan. If you like what you see, sign up for updates as there will be a lot of activity this year.
Furthermore, check out the improved OBPA website and if you are not already a member join us. Communication efforts have been redoubled and so long as you keep your email current you will recieve regular news announcements.
March 5, 2010
Coalition for Beach Access
Announcement: ORV Access Environmental Impact Position Statement Released
The Coalition for Beach Access is a group of organizations committed to the preservation of pedestrian and ORV access to the beaches within the Cape Hatteras National Seashore Recreational Area. These organizations participated in the NPS Negotiated Rule Making Process which was unable to arrive at a consensus recommendation from all parties.
The Coalition has continued to advocate its positions over the intervening months as the NPS has prepared the Draft Environmental Impact Statement and Draft ORV Plan for the Recreational Area.
The Coalition has developed the attached “ORV Access Environmental Impact Position Statement” to summarize its positions on many of the issues that are important to its goal of open access to the Recreational Area.
The Coalition believes the positions stated within this document and its attachments represent a common sense, reasonable approach to ORV Management that will protect public access and natural resources without impairment to either.
All who are interested in the preservation of pedestrian and ORV access to the beaches within the Cape Hatteras National Seashore Recreational Area are urged to compare and contrast this document with the NPS DEIS and ORV Plans to assist them in the preparation of comments during the official comment periods.
Electronic Copy of Statement can be downloaded at www.obpa-nc.org/position/statement.pdf
Electronic Copy of NPS DEIS can be downloaded at: http://parkplanning.nps.gov/document.cfm?parkID=358&projectId=10641&documentID=32596
The Coalition:
American Sportfishing Association
Avon Property Owners Association
Cape Hatteras Anglers Club
Hatteras Village Civic Association (3/15/2010)
North Carolina Beach Buggy Association President@ncbba.org
Outer Banks Preservation Association obparesponseteam@mindspring.com
Rodanthe-Waves-Salvo Civic Association
United Mobile Sportsfishermen
Watersports Industry Association, Inc
National Park Service News Release
FOR IMMEDIATE RELEASE: DATE: January 13, 2010
CONTACT: Cyndy Holda, 252-473-2111, ext. 148
North Carolina’s Two National Seashores among the 21 National Park Units
Being Considered by NOAA’s Marine Protected Areas Status
The National Oceanic and Atmospheric Administration’s (NOAA) National
Marine Protected Areas Center, in cooperation with the Department of the
Interior (DOI) has created a first ever inventory of the nation’s marine
protected areas. This unique, comprehensive inventory catalogs and
classifies marine protected areas within US waters. Thirty-two sites,
including twenty-one units of the National Park System and several national
wildlife refuges, have been nominated to join the national system of Marine
Protected Areas (MPAs). Cape Hatteras and Cape Lookout National Seashores
are among the national seashores listed in the Federal Register last week.
Developed in response to Executive Order 13158 on Marine Protected Areas,
the final framework for the national system was published on November 19,
2008. Comments on the nominations to the national system are due February
22, 2010. For more information, check NOAA website at: www.mpa.gov or
submit comments to: mpa.comments@noaa.gov .
Projected Time Line For The Development Of ORV Plan
For
The following is an excerpt from a Superintendent Mike Murray letter published in the latest “NCBBA News”. This has been reproduced with permission from NCBBA.
Though park operations are less intense now that the breeding season is over, NPS staff along with the environmental contractor that was hired by the NPS Environmental Quality Division (EQD) have been very busy working on the draft ORV management plan and EIS (DEIS). The DEIS will identify and evaluate the impacts of a number of different ORV management alternatives. Preparing a DEIS of this complexity is a time consuming process involving numerous NPS staff and subject matter specialists at the Seashore, the Regional Office, and in Denver, as well as contractor employees. There are a number of discrete steps in the planning process, each with its own set of tasks and time frames. Since there are many “moving parts” in the process, it is difficult to precisely predict the exact completion date for each task; however, it is feasible to identify the “major milestones” or tasks with estimated time frames for completion. The ultimate deadline, which was established in the consent decree, is to issue the Record of Decision for the final plan/EIS by December 31, 2010, and the Final Rule (i.e., special regulation) by April 1, 2011. Currently, NPS is reviewing draft chapters of the DEIS. Once the review and related editing is completed, the Seashore will submit the DEIS to the regional office (
Fall 2009 –
• the Draft Environmental Impact Statement (DEIS) is completed for internal NPS review and revised as needed
• drafting begins for the proposed rule
• the DEIS is approved by the Department of the Interior (DOI) and released for 60-day public comment
• the Notice of Availability for the DEIS is published in the Federal Register
• NPS requests formal consultation with the U.S. Fish and Wildlife Service on the DEIS preferred alternative
Winter 2010 –
• the Office of Management and Budget (OMB) reviews benefit/cost and regulatory analyses for the proposed rule
• The proposed rule is approved by the DOI and published in the Federal Register for 60-day public comment,
• NPS holds public meetings on DEIS (about midway through the public comment period)
Spring 2010 –
• analysis of public comment on the DEIS is completed
• NPS receives the biological opinion from the U.S. Fish and Wildlife Service
• analysis of public comment on the proposed rule begins
• preparation of the Final Environmental Impact Statement (FEIS) and responses to public comment begin
Summer 2010 –
• the FEIS and responses to public comments are completed
• the FEIS is approved by DOI and released to the public
• the Notice of Availability for the FEIS is published in the Federal Register
Fall 2010 –
• the Record of Decision (ROD) is drafted and signed
• the summary of the ROD is published in the Federal Register
• the final regulatory analyses and final rule are prepared for OMB review
Winter 2011 –
• the final rule is approved by DOI and published in the Federal Register
In closing, I hope you have a great fall fishing season. Thank you for all you do to support Cape Hatteras National Seashore!
Best wishes,
Mike Murray
Superintendent, Outer Banks Group
does NOT qualify as a special regulation for ORV use, thus does NOT remedy the violation of Executive Order 11644, as amended by Executive Order 11989,
violates a variety of Congressional Acts (including but not limited to NEPA, Federal Administration Act, Federal Advisory Committee Act), and
represents a unconstitutional delegation of Federal Authority.
Based upon the above, the only remedy that will ensure that CHNSRA is managed as intended by Congress, is for Congress to enact legislation authorizing ORV use as practiced over the past several years and in compliance with the 2007 Interim Protected Species Plan (hereafter referred to as Interim Plan) until such time as a final special regulation governing ORV use is finalized. That or an Executive Order to the same effect.
The main focus of the court proceedings and the responses to Judge Boyle’s questions (see Detailed Time Line and Documents for transcripts) were the failure of the Park Service to develop a special regulation for ORV use as required by Executive Orders 11644 and 11989. The consent decree approved by Judge Boyle does NOT include any specific regulation of ORV use. In point of fact, the Park Service clearly states in their April 25, 2008 response, “the proposed consent decree is not intended to be a substitute for the Special Regulation.” Quite simply, the violation of Executive Orders 11644 and 11989 noted by Judge Boyle has not been rectified and, as such, the consent decree continues to allow the very violations objected to by Judge Boyle.
SELC’s lawsuit alleged that the 2007 Interim Plan violated NEPA and the ESA. The Park Service did NOT concede this issue. Nonetheless, without a full hearing as to the alleged violations of NEPA and the ESA, the consent decree was approved and supplants the 2007 Interim Plan with one of the more protective alternatives from the original EA–USGS Moderate Protocols. Furthermore, despite the repeated claims that the increased restrictions placed upon recreational use as a result of implementing more protective measures would have a devastating impact on the local economy with spillover effects accruing to Dare County and beyond, no attempts were made to measure the potential economic impact.
Instead Judge Boyle accepted SELC’s claim that the balance of harm to species outweighs the potential injury to the local economy. SELC’s claim was based upon the projected economic impact of that additional restrictions that could occur as part of the USFWS Critical Habitat Designation—that is, approximately 0.05 to 0.08 percent of the economic value generated through all visitation to the Seashore. Even a cursory review of the economic impact statement published by USFWS reveals that the environmental impact study published by USFWS is not only based upon assumptions that violate the rule of reason but, also may be construed as a negligent attempt to understate the impact of closures by using, as a base, data that USFWS knew to be unreliable for the purposes of estimating economic impacts of their actions. (see USFWS Economic Impact Study of 2007, James C. Luizer’s Comment 2006, and the peer review of the Vogelsong Study 2008)
Finally, and most egregious was the fact that the Interveners were not permitted to seek input from their constituencies. Essentially, the agreement presented on April 4 was the product of two entities—SELC and the Park Service. The negotiated rulemaking committee that met four times during the negotiating period was never apprised of the fact that the SELC and the Park Service were negotiating a change in the Interim Plan, let alone given the opportunity to participate. On April 4 Judge Boyle acquiesced to allow the Interveners to become party to the negotiated settlement to the litigation but only after stating that he was prepared to close the most popular areas of CHNSRA to recreational use. The interveners bargaining from a definite disadvantage were permitted to take the proposed agreement to their boards but NOT to their general membership. In fact the details of the consent decree were not made public until they were filed with the court on April 16, 2008.
Quite simply, SELC has managed to replace the 2007 Interim Plan with " their" preferred rule. This new rule was NOT developed following the Congressional Acts designed to protect the public from unnecessary rules, regulations, and economic harm.
The consent decree includes a host of reporting requirements and requirements for pre-approval of any and all modifications to the provisions of either the Interim Plan or the ammendments effected by the consent decree. These provisions have the potential to limit the Park Service’s ability to respond to changing conditions in a timely fashion, especially in the event that the parties to the consent decree cannot agree upon whether or not to accept proposed changes to the decree. Furthermore, the consent decree does not leave any room for discretion on the part of the Park Service. In point of fact, the consent decree calls for resource protection buffers that far exceed those commonly used at other seashores. Bottom line, the government attorneys have abdicated the NPS’s responsibility for both rulemaking and daily management of CHNSRA.
NC Senator Marc Basnight asks President Obama to expidite replacement of the Bonner Bridge.