Saturday, May 10, 2008

Cobia versus the Least Tern - OBX Beach Access Closed



Versus


Well - it has happened. Access to the Point has been lost. One bird lays an egg and the National Park Service ropes off the access to Cape Point. In this case, it was a Least Tern egg discovered by the park service that resulted in the closure at access ramp 45 and closes beaches to ORV's and pedestrians about 1.7 miles from the access point at ramp 49. To add insult to injury - the closure does not directly close the Point - it just cuts off access. Technically - Cape Point itself does not lay within the closed area; however - to reach Cape Point via off road vehicle or on foot can not be done due to closures.

It is almost time for the Cobia to come through and I was feeling a strong urge to spend some time chasing them. Thanks to the closures, fishing for Cobia from the surf is all but impossible.

Ok - I am going to vent - - what choice do I have - the best places to fish for Cobia along the outer banks are blocked thanks to government over-reaction to prior inaction. If you are unaware of the situation concerning off road vehicle access to the beaches of the Hatteras National Seashore, here it is in a nutshell.

In 1972, Richard Nixon signs an Executive Order requiring an Off-Road Vehicle (ORV) management plan for National Parks (this includes Cape Hatteras National Seashore).

Twice since this order, the NPS created an OVR plan - they just never listed in the federal register. By not doing this, the NPS was out of compliance.

It was determined by the Department of the Interior, that the best way to come up with the required plan was through a Negotiated Rule-making process. This involved participants from the local community, the NPS and National Audubon Society, Defenders of Wildlife, and Southern Environmental Law Center.

In August of 2007, a Federal District Judge ruled against a person cited for reckless driving within the park. The judge made note that ORV's were illegal to drive in Cape Hatteras National Seashore since there was not an ORV plan in place.

Southern Environmental Law Center, representing Defenders of Wildlife and the National Audubon Society recently filed for a preliminary injunction in U. S. District Court requesting that beach driving be banned at the most popular recreational areas of the Cape Hatteras National Seashore. April 11, 2008 - the parties involved in the lawsuit (the NPS and the SELC - not the citizens of the USA, NC or even the counties in which the National Seashore resides.) agree in principle to a settlement in the case. On April 29th a consent decree is filed with the judge presiding and on April 30th the judge approves the consent decree. This established the parameters for closures based on bird and turtle nesting. One of the immediate effects is the closure of the beaches from 10:00 PM to 6:00 AM. Thanks to this, the "sunrise" bite has been blocked.

On May the 8th, the park service, under the conditions of the consent decree, closed access to the beaches due to observed nesting behaviors by some Least Terns.

I consider myself very fortunate to have surf-fished along the Outer-banks of NC and especially "the Point" for over twenty years. I have been blessed to see the sun rise over the ocean while standing waist deep in the surf with a fishing rod in my hand. I think of all the good times I had with my friends, brothers and late father catching fish at this "Mecca" of surf-fishing. As it now stands, once mostly open access has now been restricted. The best places to fish will be closed more often then they will be open. The hours of access will be restricted as well. I will continue to surf-fish along the outer banks, limited as it now is, I will make the best of a bad situation.

What can we do? - Write, email, or fax your newspaper, Congressmen, Senators, the National Park Service, the Department of Interior and anyone else who will listen. Express to them your displeasure with the current circumstances concerning your access to our National Seashore. Be civil, there is no need for harsh or threatening words. Obey the law - just work to change laws that are against what it means to be American.

Tight Lines.


RM CALLAWAY







1 comment:

Carol said...

Ray,
Thanks for still coming down. All of the businesses are hurting. I just lost a good friend and a good customer here in Kill Devil Hills. He has been working 50 hour weeks and his boss has not been paid for last 4 weeks -therefore neither has he . He got evicted Friday. His family (wife and child) are moving inland to live with his mom in a trailor. We are dying here, some of us faster than others.