What's Really Going On? An OBPA Report

[vasurfisher]

Many of you are wondering what is going on & what OBPA is doing about NPS policies & actions. Of course, you have a right to know & OBPA apologizes for the delay in making this report.

All of this began when former Superintendent Belli announced his closure plans during the two public meetings at the Anglers Club in March & April. His closure plans were a direct result of closure requests from local NPS resource management, whose plan was actually much more restrictive, allowing only pedestrian corridors – no ORVs - on the beaches of Oregon Inlet, Cape Point, & Hatteras Inlet. When resource management installed closures at Cape Point & Hatteras Inlet shortly after Belli's departure & in the "dead of night" over a weekend, OBPA knew another battle was about to start.

This is a battle of FACTS, not emotion. Sure, we get emotional about the situation - angry when we seen NPS jerking us all around with ever-increasing bird closures, rangers acting Gestapo-like the over simple things like the sea gull feeding thing,.......it's all so seemingly ridiculous & unnecessary. But this battle will only be won if we are armed with the FACTS to debunk the crap that Defenders of Wildlife & NPS resource management is spewing.

All of this crap with NPS is being run by local NPS Resource Management, US Fish & Wildlife & Defenders of Wildlife. The Defenders' lawsuit threat has NPS management running scared, so they are now taking ALL of their direction from higher authority. NPS lawyers & the regional office must approve EVERYTHING they do out here now and all of their actions are slanted to placate Defenders - at the expense of access. Unfortunately, the revolving-door policy for acting superintendents only detracts from the situation, but at the moment that cannot be helped.

OBPA & its CHAPA partners have gone to great lengths & expense to put together an excellent legal/biological team to gather the facts about the law & science where bird closures are concerned & have sent several assessments to NPS (not just in Manteo, but also in Atlanta & Washington). Consultations between NPS & our legal team are a weekly occurrence. These assessments are excellent & provided for the protection of birds while allowing continued access; with some restrictions - but not nearly to the extent of what NPS has done in previous years. Congressman Jones' & Senators Burr and Dole's offices are also in the loop.

OBPA/CHAPA has now achieved a certain "Gravitas" and has garnered the attention of NPS/DOI as high as Washington, DC. We have to work within the "system" to ultimately accomplish our goals. Any other approach would be labeled "extremist" & ignored. All that can be done right now is to offer reasonable, legally/biologically-sound alternatives, while developing a track record that shows that we've done everything we can to work with NPS on the situation. That builds a tremendous amount of credibility with the government & opens doors for us that would otherwise be closed. An openly confrontational attitude - threats, verbal abuses, "civil disobedience", etc. - would undermine & destroy the inroads accomplished thus far. That would only put us on the same level as Defenders & their ilk.

Early on this season, OBPA & its CHAPA participants agreed that we would try to "work with" NPS this season to reduce the animosity between the public & NPS staff through more communication between NPS & CHAPA, as well as the opportunity to have input into NPS actions. NPS has taken a more proactive approach by instituting an "adaptive" closure management program rather than just closing areas down & leaving them closed without discussion. One of the results of this was the escort at Hatteras Inlet. It wasn't perfect, by any means - but it was a step in the right direction. The closures at Cape Point, the most extensive & unprecedented ever, have been modified where possible to accommodate access. Again, not perfect, but a step in the right direction. Never before has NPS been willing to at least try to accommodate access. It's a small step, but at least it's a step. It sets a precedent that will pay off later down the road. NPS has also committed work with OBPA/CHAPA to devise permanent access solutions to historical & popular ORV-use areas such as Hatteras Inlet, Cape Point, & Oregon Inlet by establishing new ORV trails with multiple ocean & soundside exits that would bypass areas of bird closures. It is expected that this will be done before the 2006 nesting season.

NPS has also been told, several times & without reservation, that the bird closure policy instituted this year will NOT be acceptable next year nor can it become a "template" for all future closures. NPS has now committed to establishing at least an interim set of protocols for creating nesting closures that will take into account the access issue, hopefully by March 2006. To further this effort, OBPA/CHAPA has agreed to sponsor a field meeting of biologists from NPS, FWS and others, along with our own biological team, to arrive at a purely scientific consensus of how to meet existing laws & biological needs of nesting birds. While no official policy is expected to come from this meeting, the consensus is expected be incorporated into the protocols now being developed by USGS Patuxent, which are due to be completed in August.

The new ORV management plan is also in this mix. OBPA has stated flatly that the bird closure protocols must be in place & operational before any meaningful negotiations can begin. Resource management cannot be allowed to override any agreed plan developed by the reg-neg. Also, any legal action threatened or proposed, by any environmental group would usurp the power of the reg-neg committee & relegate the formulation of the ORV management plan to the courts. This is totally unacceptable & would "blow up" any possibility of cooperative planning by the user groups. The environmental groups will have to forego their threats of lawsuit(s) or be shown as not being serious about negotiating - and therefore marginalized as cry-babies wanting only their own way. OBPA is strongly encouraging the CBI/RESOLVE assessment team to pressure Defenders & other enviro groups to commit to forego lawsuits if they wish to participate in the ORV management plan re-neg. We'll see what happens. OBPA, NCBBA & CHAC have also stated that any fee/permit system for the Seashore is unilaterally unacceptable and is not negotiable.

As you can see, this is a very complicated situation. It's not just about bird closures or Pole Rd. or any one issue. It is a complicated mix that is intertwined tightly, one with another - like a jungle. It takes time & a lot of concentration to even begin to keep track of everything. It also takes a lot of behind-the-scenes work, most of which cannot be immediately revealed. The fruits of these efforts are not always immediately apparent - it takes time to filter through the "system". The efforts on one issue have an impact on the whole, so things have to be planned carefully. It isn't easy or simple & it takes a lot of time & money.

As far as public awareness is concerned, that will come as time & developments allow - probably sometime this fall when things calm down. Another public meeting is in the planning stages & work is about to wrap up on a newsletter. It is very difficult to report on things when they are changing so rapidly - once you get a newsletter or report out, most of what's in it is obsolete by the time people receive it. We all have lives to tend to while working 10-12 hour or more days. We are simply too exhausted at the end of the day (or week) after dealing with business AND NPS issues all at the same time to report on each & every incident. Now that things are becoming more routine & the nesting season is winding down, the exhaustion should lift enough so information can be disseminated in a more timely fashion.

Many of you have some very good ideas. We appreciate those ideas. Just because you don't get an instant response doesn't mean no one cares about them. But for right now we will keep them in our "Back Pocket" for future use. Don't let that dissuade you from giving us more ideas, though. We're always willing to listen & will act on those ideas that fit into our immediate strategy.

This is a summary of what OBPA/CHAPA has been doing these last few months. On the surface it may not seem like much - no fire & brimstone, no NPS staff being burned in effigy- but a lot has been & is being done. Do not think for one second that OBPA & its partners are just sitting back, ignoring what goes on out here. The actions we are taking may not be what some think we should be doing - not aggressive enough or whatever - but what we are doing will ultimately be revealed as for the benefit of all. Change is what is needed; change takes time. Wars are not won overnight and are fought on many fronts. OBPA/CHAPA is in this for the long haul to assure public access to public lands.

We WILL prevail.

"Preserve & Protect......NOT PROHIBIT"

[Possum]

Bravo

Hostility,antagonism,confrontation and misrepresentation are not our allies when we deal with powerful Government Agencies... the fact that we are fractional users of a public resourse at CHNS demands a different approach.

A "track record" of honesty, civility, cooperation and compromise with NPS/USFW will work a lot better for us Surf Fishers.This attitude gives us our best chance to continue ORV fishin on National Park beaches.

[John M]

Thanks for the update its long over due. I thank at the OBPA NCBBA etc who put the time in to fight for our rights.

I personally dont trust the NPS Im willing to work with them but give them no benift of the doubt. I know im not alone in this feeling.

My last trip in June I fished the point for cobia. The NPS rangers were out in force, walking the area talking to people. They were telling us they were trying to defuse the situation by showing themselves and talking with people. Learning what it is we do there. Most of them are not really all that familar with the surf fishing aspect of the area. So in the course of meeting several rangers we talked about what it was we do there. They all seemed very nice and willing to listen. It will take allot ore than a few nice words to change my outlook on NPS but at least they seemed to be making some sorta effort.