Looks like the Plovers win...

[gottaflylee]

Plovers and turtles now have won over the Us citizens to use the Cape Hatteras National Seashore. I could understand this if it were the only place that the birds and turtles had to nest in NC bot it is not and we have miles and miles of untouched nesting are for them.

Link

Date: Sunday, April 10, 2011 I received the following letter from several people yesterday. It is the latest news on public access to our national seashore. The letter speaks for itself.


Yesterday April 7 I attended the consent decree conference held by Judge Boyle in Raleigh. I have attended 3 of the 4 conferences Judge Boyle has held beginning on April 30, 2008. As best as I could determine, there were only three of us in the observer section of the courtroom interested in public access to the national seashore. These formal conferences, among other things, indicate the interests, intentions and underlying objectives of the participants.

Judge Boyle began by saying that the Federal Government (NPS) filed a motion to extend the delivery date of a final ORV Plan from April 1, 2011 to November 15, 2011 and to keep the provisions of the consent decree in place for that extension. The federal attorney rose and confirmed the request for extension to court and emphasized that an extension to promulgate the final (but bureaucratically delayed) ORV Plan is all the government requested.

The Judge asked for a summary of the 2010 bird and turtle resource report. The federal attorney ( in a collegial manner) pointed to SELC attorney indicating she had a chart that reflected the fact the species numbers for the 2010 closure season were very good. Mike Murray then rose summarizing those numbers emphasizing that fledged Plovers (16) and turtle nests (158) were the highest ever reported or the Cape Hatteras National Seashore—(implying that the consent decree was producing significant results and in so doing also indirectly implying pending provisions of the final plan would also produce similar results.)

The Judge asked about visitation statistics to the seashore and Murray indicated that there were over 2 million visitors in 2010 (implying that the consent decree did not adversely affect visitation). Murray did not focus on areas and businesses most affected by closures for example on the Avon or Buxton communities of Hatteras Island.

Judge asked about the number of ORVs on/accessing the seashore. NPS responded that on peak days such as Memorial Day, the ORV numbers were about the same as previous years but packed into much smaller areas. The Judge asked about the future driving permit requirement and then stated that “visitors would have to plan ahead” and would probably not have the required permit to allow them to drive on to the seashore, thus limiting ORVs. The Judge appeared pleased.

The Judge asked if the Federal Government or Interveners wanted any changes to the current consent decree, both said “No”. The Judge granted the extension of the consent decree without change.
In my nearly 40 years of witnessing activities in Federal Court related to environmental policy I have never until yesterday seen the “defendant” deliberately argue the “plaintiff’s” case. The SELC attorney said not a single word, the federal government and interveners gave away/conceded the case (denial of public access).

Yesterday, I witnessed a blatant collaboration between the Federal Government and well funded and politically connected environment activist entities to unnecessary restrict public access to the national seashore. The Federal Government, NPS and the Court, made no attempt to advocate for balanced and reasonable public access to the national seashore. Again, they created a highly restrictive environmental policy through the backdoor, beyond public view.

The stage is now set for justification and validation of the future access restrictions imposed on the public by NPS Alternative F. Without ever arguing the facts (science, economic, legal process) before the public in court, The “Cape Hatters National Seashore Recreational Area” set aside for hard working citizens will soon be transformed into a “National Bird and Turtle Use Area.” Animal species now have priority over humans—and it’s all legal.
NPS won the battle by being sued.
Mike Berry
Chapel Hill, NC

[Big Fish Billy]

We've been "sharing" the seashore up here in New England for years....at Crane's Beach they are getting a larger and larger share each year....not quite sure when they are not "endangered" any more....but by now the Plover management has got to be approaching our government management, in size......they are cute though.......and are good shots with #2 if you get to close....

[gottaflylee]

Billy, the Plovers are not on the endangered list either. Doesn't make since. Tree huggers, gee!

[JD5652]

Very sad day indeed when the rights of animals trump those of humans over idelogical, environmental zealots BS....... really hate to turn this political.... but unfortunately it is.... those that are put in power to monitor and regulate matter....