Future of OBX

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I wonder where Blue Ribbon and United 4WD are in this? Is it on their radar?

Thanks for the link stevezero.
 
Good, informative, current article:

newsobserver.com | What's driving beach restrictions

These two passages should get your attention:

The court is sending a clear message that it does not care what the public thinks. This is an insult to citizens who have taken the time and their personal resources to attend the meetings, sit at the table to negotiate in good faith and provide factual information and constructive comment to the Park Service.

Under the settlement proceedings, there is no public discussion of economic impact. The "settlement" will definitely affect the lives and economic well-being of thousands of citizens who live and own businesses and property in the villages on the Outer Banks. Businesses will close, and families will suffer. The value of property will decrease.
 
What does this mean? Is it a done deal? Or is this just an opinion of what is going on and how the enviro people are skewwing the data in their favor.
 
Not a done deal but certainly seems headed in bad direction for those who oppose having current ORV beach access taken away.

It is more than an opinion though, he clarifies many points most of the public probably isn't aware of...

This article ran today, the decision is pending.
 
UPDATE:

Article By Irene Nolan, Editor, Island Free Press www.islandfreepress.org

The three parties involved in the lawsuit to regulate beach driving along Cape Hatteras National Seashore announced on Friday evening, April 11, that they have agreed in principle to a settlement of the case.

Terms of the proposed consent decree cannot be discussed at this time, according to attorneys involved in the case.

The parties are filing a joint motion in U.S. District Court to continue the case until Wednesday, April 16, to allow the Defendant-Intervenors (Dare County Commissioners, Hyde County Commissioners, and the board of the Cape Hatteras Access Preservation Alliance) to vote on the proposed settlement.

Assuming that the settlement is approved by the intervenors, the public will know the details of the agreement when the consent decree is filed in the court on Wednesday, according to Jason Rylander, attorney for the Defenders of Wildlife.

The following are statements from attorneys representing the environmental interests in the case, as well as those representing Dare County and recreational users of Cape Hatteras National Seashore, that were released this evening.

Derb Carter, Southern Environmental Law Center: “We are pleased to have all parties to the case at the negotiating table and in agreement in principle. We will continue to work to ensure that the natural resources and public enjoyment of Cape Hatteras National Seashore move forward hand in hand and look forward to filing a proposed consent decree next week.”

Jason Rylander, Defenders of Wildlife: “We’re pleased to have come to an agreement in principle with all three parties to this important issue. While we can not discuss the terms of the proposed settlement, we remain committed to preserving the wildlife along the Seashore while allowing for continued recreational access to this unique natural area.”

Statement from Bobby Outten and Larry Libesman, attorneys for Defendant-Intervenors: "Bobby Outten, Dare County Attorney, and Larry Liebesman , Holland and Knight LLP , outside counsel for Defendant-Intervenors, are very pleased that the parties have reached agreement in principle and will recommend to intervenors that the settlement be approved as soon as possible next week. John Couch, president of the Outer Banks Preservation Association, has indicated that he will recommend approval of the settlement to his board as soon a possible."

Mike Murray, Superintendent, Cape Hatteras National Seashore: “This is the best of all possible outcomes. I am very pleased all parties have reached an agreement in principle.”
 
Heres the latest two loads of steaming crap regarding the Beach Driving issues..Looks like driving at night is gonna get you in trouble......

Federal judge approves beach driving agreement :: WRAL.com

Federal judge approves beach driving agreement
Posted: Apr. 30, 2008

RALEIGH, N.C. —A federal judge approved a settlement Wednesday that allows Outer Banks beach driving by off-road vehicles while protecting endangered birds and turtles.

U.S. District Judge Terrence Boyle peppered a government lawyer and a park superintendent with questions during the one-hour hearing, especially about access to a popular beach on Bodie Island near Oregon Inlet, which he said should have been closed.

He said he disagreed with some details of the settlement, but he signed it and made it effective immediately.

The settlement will close areas of beach when nesting piping plover, American oystercatchers and other seabirds have chicks and will restrict access during nesting. It also bans driving after 10 p.m. from spring through fall to protect turtles.

Allen Burrus, vice chairman of the Dare County Board of Commissioners and operator of a grocery store in Hatteras Village, said the new restrictions would hurt the area's tourism-dependent economy.

Burrus said the night driving restrictions could affect fall fishing tournaments, and the general restrictions could be a problem for families who rent cheaper accommodations away from the oceanfront and drive onto the beach for recreation.

Boyle said he had no authority to change the details of the settlement, which stemmed from a civil lawsuit filed against the National Park Service by Defenders of Wildlife and the National Audubon Society.

The judge asked several times if closing Ramp 4 on Bodie Island wouldn't be a more efficient way to protect the species and control one of the most crowded areas. Oregon Inlet runs past the spit to the Atlantic Ocean, and it is popular with birds and fishermen.

Park superintendent Mike Murray pointed out areas of beach and what would happen during the nesting season. He focused on Bodie Island, Cape Point on Hatteras Island and the south end of Ocracoke Island.

A vehicular corridor would be maintained until a chick got near it and then it would be closed, Murray said. Last summer, a portion of the Bodie spit was closed because of one plover chick.

Boyle asked about access control on heavy-use holidays, such as Memorial Day, July 4 and Labor Day. Murray said Bodie spit likely would be closed by July 4 because chicks would be hatched by then. About a mile of beach already is closed at the southern end of Cape Point on Hatteras Island, Murray said, because there is one plover nest and two more are expected.

The ban on night driving would be new for the park service and beachgoers. Murray said signs would warn of the closure.

"We do not have the resources or plans to try to sweep the beach every night and run people off," Murray said.

Attorney Jason Rylander of Defenders of Wildlife said the settlement was a compromise.

"Our purpose in bringing this case was not to shut down beaches," Rylander said. "It was to make sure nesting birds and turtles have a chance."


And the first closures of the season in Hatteras

Cape Hatteras National Seashore - NPS Announces First Major Closures under the Consent Decree (U.S. National Park Service)

NPS Announces First Major Closures under the Consent Decree





Date: May 5, 2008
Contact: Outer Banks Group, (252) 473-2111 ext 148

The following temporary closures of popular areas are being installed today in accordance with the requirements of the consent decree signed by U.S. District Court Judge Terrence W. Boyle.

1) Bodie Island Spit – A 150 m buffer is required for an American oystercatcher breeding area located approximately 50 meters from the ocean in a narrow section of beach north of the spit. The buffer will preclude ORV and pedestrian access along the ocean shoreline. NPS is evaluating an option for a pedestrian by-pass, outside the buffer, through the interior of the spit to reach sections of the spit/shoreline that are otherwise open to recreational use, but currently an appropriate option does not exist due to flooded conditions. NPS will continue to work on the pedestrian by-pass option. Ramp 4 north to Ramp 2 is open for 2 miles to ORV and pedestrian access until May 15 when the seasonal closure in front of Coquina Beach goes into effect.

2) Cape Point – A 100 m buffer is required for a least tern breeding area that is occurring approximately 80-90 m from the ocean near the eastern edge of the Cape Point prenesting area, adjacent to the ORV corridor on the northeast side of the Point. The 100 m buffer will preclude access along the shoreline. There currently is not an alternative access option around the buffer; however, NPS will continue to evaluate the situation daily.

3) South Ocracoke – A 50 m buffer is required for breeding adult piping plover (PIPL) that are foraging on the northeast side of the prenesting area. A PIPL nest has been established nearby (within the prenesting area). Adult piping plover are repeatedly foraging on the adjacent shoreline in the 100 ft. ORV corridor. There currently is not an alternate route option available; however, NPS will continue to evaluate the situation daily. Ramp 72 north to Ramp 70 is open for approximately 1.8 miles to ORV and pedestrian access.

Other sections of the Seashore were opened over the weekend to ORV and pedestrian access. An ORV safety closure, approximately 1.6 mile in length, was lifted along the Avon beachfront from 0.1 mile north of Avon Fishing Pier to Ramp 38. There is temporarily through-access from Ramp 34 to Ramp 38 until the seasonal village closures go into effect on May 15, 2008.

Temporary stabilization work on Ramp 44 was completed last weekend to attempt to alleviate flooded conditions. The ramp was reopened late Saturday afternoon. Park maintenance crews have further plans to remedy the flooded ramp condition by raising the roadbed with appropriate materials and thus reducing closures of the ramp in the future due to flooding.

For more information on beach access, the Beach Access Report is distributed weekly on Thursdays. For more resource management information, the Resource Management Field Summary is distributed weekly. In addition, check

The announcement stops there......
 
Just a little update, hopefully the formatting doesn't jack this post up. If you'd like the summary, look for the RED information.




For Immediate Release ​
A joint statement from:​
Recreational Fishing Alliance & The United Mobile Sportfishermen​
September 12, 2008​
​
Attention Fishermen and others interested in ORV Beach Access at the Cape Hatteras National Seashore Recreational Area;​

During the latest meeting of the Federal Advisory Committee charged with writing the long term ORV access plan for the Cape Hatteras National Seashore Recreational Area on September 9, 2008, committee member and Dare County (NC) Commissioner, Mr. Warren Judge requested the ability to televise all future public committee meetings on the Dare County public television station and to post the video of the meetings on the Dare County web site. This offer was made to answer the many requests heard by the public to observe this nationally important government rulemaking process.

Mike Murray, Superintendent of the Cape Hatteras National Seashore Recreational Area, acting in his role as the Designated Federal Officer for the committee, informed the members that he could only allow this if he had the full consent of the whole committee. After considering the comments of some committee members that were concerned a public broadcast would create a carnival atmosphere and could change behaviors of committee members and then weighing these concerns against the significant public comment heard at the meetings and by constituents from across the country that the process is difficult to follow from afar, needs to be more open and in the public eye, Mr. Patrick Paquette who serves both the Recreational Fishing Alliance Shore Access Program and the United Mobile Sport Fishermen and represents the national recreational fisherman's interest on the committee made a statement to the committee supporting this request. When the question was posed to the committee only 5 of the 30 stakeholder representatives opposed the broadcast. Mr. Paquette stated this was very inconsistent behavior by the committee because at an earlier meeting, a crew from French Television, filming a documentary on global warming was allowed to film part of a meeting. Unfortunately the five objections were enough to allow Mr. Murray to deny the future broadcast request.

Of the five members that opposed the broadcast, four should not surprise anyone that has been paying attention to this process. Jason Rylander (Defenders of Wildlife), Walker Golder (NC Audubon), and Derb Carter (Southern Environmental Law Center) are the plaintiffs in the law suit that brought about the draconian measures in the current consent decree that have closed the most important fishing beaches in the Seashore for most of the summer and continues to prevent full access to popular areas like Cape Point and the Southern Spit of Ocrakoke Island, which was named "Americas Number One Beach" in 2007.

The fourth member to object to the broadcast was Neal Moore of the Cape Hatteras Bird Club. Mr. Moore is the same member that made offensive comments on the record to Past President of the North Carolina Beach Buggy Assn and RFA Member Mr. John Newbold during public comment at a previous committee meeting. Mr. Neal did not even stay in the meeting room to listen to the 12 noon public comment period at the September 9 meeting, choosing to rather sit in a chair in the outer hallway, apparently once again being observed napping.

What surprised many on the committee and the audience was the fifth committee member that raised a hand in objection to the broadcast; Mr. David Allen who represents the State of NC Wildlife Resources Commission. "This is an insult to the hundreds of thousands of out of state recreational fishers that travel to and utilize this precious national resource and sustain the local economy during the fishing season," said Billy Lomniki, President of the United Mobile Sportfishermen.

After learning of this surprise action by a State of North Carolina Representative, RFA Executive Director Jim Donofrio made the following statement: "The State of NC has a statute that allows public broadcast of all public meetings and for a representative of the State of North Carolina to deny the public the ability to watch the full committee meetings and make their own judgments of this public process is an outrage. I guess we know what side the NC Wildlife Resources Commission is on."

The Recreational Fishing Alliance is calling on all fishermen that are interested in ORV access on the world famous beaches of North Carolina's Cape Hatteras National Seashore Recreational Area to make phone calls and send e-mails to Mike Murray, Designated Federal Officer of the committee demanding the broadcast of the meetings be allowed beginning with the next meeting in October. We further request you contact the North Carolina Wildlife Resources Commission and protest their representative taking sides when a state official should at least give the appearance of being neutral, and request that David Allen follow the spirit of the NC law allowing such a broadcast.

Together we can turn this slap in the face into a mandate by the public that this process is supposed to be serving.

Contact Info: Contact Info:
Mike Murray, DFO CAHA FACA Gordon Myers, Executive Director mike_murray@nps.gov NC Wildlife Resources Commission
gordon.myers@ncwildlife.org
 
Just to let everyone know the general procedeeding of the OBX consent decree with the NPS vs. Audubon Society and Defenders of Wildlife. Pretty interesting the direction they're going to counteract the beach closures:

“Cape Hatteras National Seashore Recreational Area is potentially eligible for protection under the National Historic Preservation Act. We (NCBBA, OBPA, CHAC & many others) have asked the North Carolina Office of Archives and History, North Carolina State Historic Preservation Office to review and recognize the inlets, spits and adjoining beaches of Cape Hatteras National Seashore Recreational Area as Traditional Cultural Properties (TCP) potentially eligible to the National Register of Historic Places. With the recognition that vehicular access to these places is necessary to maintain the traditions associated with the Outer Banks and this “The First Recreational National Park”. The first review is scheduled for November and we will keep you informed of the progress. For too long the NPS has ignored as a cultural resource, the lands within Cape Hatteras National Seashore Recreational Area while giving primacy to the natural resource concerns. We do not and have never wished harm to any resource and in fact have truly acted as stewards to insure the preservation of the natural beauties within these lands and waters. It is now time for the NPS to recognize as TCP’s, the landscapes and their historic patterns of use not only help maintain the traditional identity of Outer Banks communities (themselves unique cultural entities) but that these same communities have historically been shaped by the long standing use of the beach landscapes accessed by motorized, personal vehicles. Outer Banks culture has historically been inextricably tied to the surf zone and remains so today. The surf zone has traditionally sustained the island economy and culture through traditions that long predates the arrival of the National Park Service.”

“Traditional Cultural Properties (TCP’s) are afforded protection under the National Historic Preservation Act of 1966, as Amended. The National Park Service National Register Bulletin, Guidelines for Evaluating and Documenting Traditional Cultural Properties (rev. 1998), definitions of TCP’s include: 1) A rural community whose organization, buildings and structures, or patterns of land use reflect the cultural traditions valued by its long term residents; and 2) a location where a community has traditionally carried out economic artistic or other cultural practices important in maintaining its historic identity. These definitions of a TCP clearly and fully apply to the Cape Hatteras National Seashore Recreational Area beaches and their historical and contemporary public use.”
 
It does. But I don't think that the town of Murphy even knows how much money wheelers bring in. Most of them don't even know that tellico is closed and by the time they do it will be too late.


Does this mean sand rails can go to the obx now???? I've got some building to do
 
I think the only requirement is that it is street legal, as far as the Park Service rules are. I've seen some smaller sand rails that are street legal...
 
GarnerFJ40 said:
I think the only requirement is that it is street legal, as far as the Park Service rules are. I've seen some smaller sand rails that are street legal...
Click to expand...

Nah i'm talking about the ones back home
Sand+Dunes-40.JPG
 
NPS can't tell you what vehicles are allowed, so as long as it has a license plate and is registered, you could drive it. But, then you would also have to follow the speed limit, and you know that wouldn't be possible!;p
 
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