[tattoobob]

You know If the tree huggers block this for good it is going to happen all over the east coast, very sad that these groups with big budgets can do this to the smaller groups that actually use the resource

they are now thinking about ending ORV use up at Plum Island by the end of 2010, (just a rumor though)

Attention UMS Affiliates:


On Thursday, February 26th 2009, Mike Murray, Superintendant of the Cape Hatteras National Seashore, acting in his role as the Designated Federal Official (DFO) for the Cape Hatteras National Seashore Negotiated Rulemaking Committee, agreed with a determination of the independent facilitators that committee consensus could not be reached. Mr. Murray then promptly thanked the committee members for their service and declared the committee work over, essentially ensuring there will be no short term solution to the ongoing legal battle to preserve the historic cultural activity of beach driving in the Cape Hatteras National Seashore.


Over the past four plus years, the Federal Advisory Committee was selected, trained and began work under the guidelines set forth by the Federal Negotiated Rulemaking Act. The goal of the committee was to develop what would become the "preferred alternative" in the ongoing traditional rule making for the first formal ORV Management Plan for the beaches and south side access of the Cape Hatteras National Seashore. The strategy behind NPS choosing to convene the committee was that only a compromise plan coming from regulated negotiation could prevent years of court battles and lessen the risk of economic ruin for the communities of the Outer Banks that are heavily dependent on tourists that enjoy vehicle access to both local and remote beaches of the park. There are a t otal of less than 1000 legal public parking spaces over three islands. The annual visitation to the park is well over two million people per year.


Unfortunately, the committee was distracted from the beginning due to three of the members (Defenders of Wildlife, Audubon & Sothern Environmental Law Center) filing an anti beach driving law suit just days before the committee was to begin deliberations. The result of that law suit was a "consent decree" which was for the most part forced upon NPS & the local community by a Federal Judge in lieu of having all beaches in the Park closed to driving during the rulemaking process.


Although the committee did reach provisional consensus on Vehicle Characteristics, Self Contained Camping Areas, Safety Closure language and a base system for a permit that would pay for a sustainable ORV plan, the documents could not be considered complete because the provisional consensus was linked to the amount of beach available to the public. In the end, that issue could not be resolved.


As the primary seat holder representing both the United Mobile Sportfishermen (UMS) and The Recreational Fishing Alliance (RFA), I want to thank my alternate Mr. Ronald Bounds without whose NPS policy expertise we could not have done as complete a service to our constituents as we feel we=2 0provided. Mr. Bounds and I want to make sure that our members know that on the last day of meetings, a poll of committee members was taken to test consensus on a proposal of ORV Routes and Areas by a group of committee members of which we were a part. This proposal agreed to keeping more than half the beach closed to ORV use. Even with this painful and in our opinion extreme compromise which still allowed for natural resource closures in the few ORV areas left open to the public, the committee count kept coming up with 17 members, including NC Wildlife Resources Department, voting in favor of the proposal and the same 5 stakeholders blocking consensus and not willing to compromise enough for a solution to be reached. The National Park Service and US Fish & Wildlife felt it appropriate to remain neutral and abstained. Mr. Bounds and I are currently participating in a majority group of committee members that are putting together a package of information to be included in the final report of the committee to the Department of Interior.


The next step in the traditional rulemaking is for NPS to finish creating alternative proposals on its own and sometime in the Fall, the NPS will release the alternatives and begin a round of public hearings.


Unfortunately, it is widely anticipated that what ever comes out of the final rule expected to be released in the Spring of 2010, legal action will be initiated by either the extreme environmentalists or the recreational community in attempts to protect their interests. In either case, all recreational access organizations should closely watch this situation and be preparing to fund what could be a very expensive and lengthy legal battle to preserve the East Coast's largest drivable beaches. The people and the business owners of the outer banks need our prayers and support as the next couple years promise to be troublesome at best.

Patrick Paquette
UMS Executive Director