Let's all take a deep breath

[Jim and Ginny]

There are rules (you paid hundreds of thousands of dollars to develop them). To see all of the measures for protecting flaura and fauna, see http://parkplanning.nps.gov./documen...rojectId=13331. While you are there take a look at the USFWS biological opinion. If fully describes the rules/regualations/protective measures, starting on page 5.
In addition to rendering a "no jepordy" opinion, USFWS stated that the Interim Plan

Assuming a worst case scenario for NPS
implementation of the protective measures described in the Interim Strategy, it may result in a slight improvement in the condition of wintering habitat. p.77

With respect to ORV regulations not related to resource protection, see
http://www.nps.gov/caha/planyourvisi...ehicle-use.htm

Now with one swip of his gavel, Judge Boyle would have us throw it all away and engage in an illegal backroom/closed door rulemaking process. Don't let this happen. Here is a letter--send it now. This will set a precedent when it comes time for other areas (SELC is ready to go to our southern neighbor--Cape Lookout).

April 5, 2008

Re: Cape Hatteras National Seashore Recreational Area ORV Management Plan

Dear Mr. Kempthorne, Secretary, Department of the Interior:
webteam@ios.doi.gov, dirk_kempthorne@doi.gov

I was an active participant in the process that resulted in the Interim Protected Species Management Plan (Interim Plan) for Cape Hatteras National Seashore Recreational Area. I participated as hundreds of thousands of my tax dollars were spent on research. I watched as more of my tax dollars were spent to pay for round after round of public meetings and for the synthesis of comments that resulted from these meetings. When I received my copy of the 336 page color document called the Environmental Assessment, I pondered its additional cost. While the three-year effort was costly, and despite the fact that no one was completely satisfied with the resultant Interim Plan, the process did result in a balanced plan that was approved by both the USFWS and the NPS.

On April 4, 2008, Judge Boyle stated that in the absence of a "consent decree," he was prepared to enjoin ORV use in areas not scheduled for resource closure under the Interim Plan. At Judge Boyle's urging, the NPS and SELC, et. al. are presently rewriting the Interim Plan. Because the resulting rewrite of the Interim Plan will NOT be subjected to either rulemaking or the NEPA process, I object to the fact that I am being shut out of this process. Do I not have a legal right, as per rulemaking and NEPA, to participate in this process? Finally, I am not aware of any plans to submit this negotiated plan to USFWS as required by the ESA. In my opinion, the process by which the Interim Plan is being negotiated and rewritten violates NEPA and the ESA.

I sincerely doubt that congress ever intended that the US Government should relinquish its role in managing federal lands to any private special interest group. That said, I respectfully request that your department instruct the NPS to not only stand by its Interim Plan, but also to stand by its commitment to the negotiated rulemaking process. Please, do not allow the threat of an injunction to destroy all that we have worked so hard to achieve. I urge you, in the strongest possible terms, to give your full support to NC State Senator Marc Basnight's initiative for Congress to authorize ORV use at the park pending the approval of a final ORV plan ("http://islandfreepress.org/2008Archives/04.03.2008-BasnightORVLetter.pdf"). This is what was done at Yellowstone Park to maintain the status quo. In all fairness, this is what needs to be done here.


Your Information


cc: The Honorable Elizabeth Dole, 202-224-1100
The Honorable Richard Burr, 202-228-2981
The Honorable Walter Jones, Jr., 202-225-3286
Senator Marc Basnight, 919-733-8740 or marcb@ncleg.net
The Honorable Timothy L. Spear, Tims@ncleg.net
Mary Bomar, Director NPS, \n mary_bomar@nps.gov
Mike Murray, Superintendent of Cape Hatteras National Seashore, mike_murray@nps.gov, caha_superintendent@nps.gov
Warren Judge, Dare County Commissioners, 252- 261-9988