United States Department of the Interior

NATIONAL PARK SERVICE

Fort Raleigh National Historic Site       Wright Brothers National Memorial

Cape Hatteras National Seashore

IN REPLY REFER TO: 1401 National Park Drive, Manteo, NC 27954 252-473-2111

July 8, 2010

Julie Youngman and Derb Carter

Southern Environmental Law Center

200 West Franklin Street, Suite 330

Chapel Hill, NC 27516-2559

Larry Hardham

Cape Hatteras Access Preservation Alliance

P.O. Box 1355

Buxton, NC 27920

David K. Joyner, President

North Carolina Beach Buggy Association

P.O. Box 940

Manteo, NC 27954

John Couch, President

Outer Banks Preservation Association

P.O. Box 1355

Buxton, NC 27920

Dear Ms. Youngman and Messrs. Carter, Joyner, Hardham, and Couch:

This responds to your recent correspondence regarding the nesting loggerhead turtle that was

struck and killed by an off-road vehicle (ORV) on Ocracoke Island on or about June 23 or 24,

2010. Thank you for expressing your concerns. We appreciate how important this issue is to all

interested parties.

The matter is still under investigation. At the time of the incident, the National Park Service

(NPS) was in compliance and continues to be in compliance with the requirements of the consent

decree. The available information indicates that the incident occurred during the early morning

hours of June 24 and therefore was committed by someone illegally operating an ORV on the

beach in violation of the 10 p.m. to 6 a.m. night driving restriction. The death of the turtle is

absolutely reprehensible and underscores the necessity of improving visitor compliance with

resource protection requirements. However, it is important to recognize this incident for what it

was - a criminal violation of the night driving restriction that has resulted in tragic consequences.

While it is a clear example of the risk that night driving can pose to nesting sea turtles, this is the

first ORV-caused fatality of a nesting sea turtle ever recorded at the Seashore.

I appreciate the concerns about the adequacy of NPS law enforcement staffing and the request

for increased nighttime monitoring. We recognize that the presence of law enforcement patrol

staff serves as a deterrent to criminal conduct; however, no realistic amount of law enforcement

coverage can eliminate all criminal violations of resource protection measures at the Seashore.

We have a dedicated staff of law enforcement rangers who work varied hours to expand the

hours of coverage and conduct random patrols after 10 p.m. when the night driving restriction

begins. Though we do not advertise it for obvious reasons, we also deploy surveillance cameras

at various locations and times in an additional effort to detect violations of resource protection

measures. As of July 5. 2010, NPS rangers have already issued 9 violation notices, 33 written

warnings, and 21 verbal warnings for violating the night time driving closure this season, in

addition to issuing numerous violation notices and warnings for violations of other resource

protection regulations. Recently, through good investigation, the law enforcement staff was able

to locate, identify and charge two suspects with violating the night time driving closure and

vandalizing a turtle nesting enclosure in Rodanthe on July 1, 2010.

Therefore, we must deny SELC's request to immediately expand the hours of night driving

restrictions and erect gates to physically close all ORV ramps during those hours. As you are

aware, in March 1010 the NPS released a draft ORV management plan/environmental impact

statement (DEIS). The public comment period closed May 11, 2010 and NPS is not accepting

additional comments on the DEIS. The action alternatives (C-F) described in the DEIS

contemplated different hour options for night driving restrictions, as well as the installation of

gates at all ramps and access points (see DEIS, Chapter 2, Table 8, Ramp Characteristics, page

107). We are in the process of preparing the final plan/environmental impact statement (FEIS),

as well as the proposed special regulation required for the operation of ORVs at the Seashore.

The turtle incident, despite being a despicable criminal act resulting in a tragedy, is also a

learning moment that the NPS will seriously consider in making a final decision about night

driving restrictions in the ORV management plan and special regulation.

In closing, we appreciate your interest in the management of Cape Hatteras National Seashore

and look forward to your further involvement.

Sincerely,

Michael B. Murray

Michael B. Murray

Superintendent

National Park Service News Release

FOR IMMEDIATE RELEASE:  DATE:  July 2, 2010

CONTACT: Cyndy Holda, Public Information Officer, 252-473-2111, ext. 148

Vandalism in Seashore Resource Protection

Area Results in Multiple Charges to Two Suspects

An investigation by National Park Service Rangers of the fifth deliberate vandalism act of the 2010 season to resource protection areas within Cape Hatteras National Seashore has resulted in the apprehension of two suspects, Daniel Hunt, age 28 from Maryland and a local resident Brian Tillett, age 34, of Rodanthe, NC.  Charges have been issued to the two men for multiple violations.

The incident occurred at approximately 2:00 a.m. on the morning of July 1, 2010 on the beach near Sea Oats Drive area, north of the Rodanthe Pier.  Evidence of two separate sets of ATV tire tracks were observed driving south on the beach for approximately two miles.  The vehicle entered a sea turtle protection area, performed multiple swerves, "donuts" and jumping maneuvers.  One set of tracks lead to a cottage occupied by Hunt who confessed and identified the second driver.  Hunt was charged with unsafe operation, operating an ORV in a seasonal ORV closure, entering a resource protection area in the national seashore, giving false information, disturbing wildlife and being intoxicated in the park.  His ATV was seized as evidence in the crime.  Tillett was charged with unsafe operation and operating an ORV in a seasonal ORV closure and driving on a suspended license.

NPS law enforcement personnel investigated the incident.  If anyone has information about this or other resource protection violations that occur in the park, please call Dare Community Crime Line at 252-473-3111.  Destruction of government property and entering a resource closure are federal criminal violations, each subject up to a $5,000.00 fine and up to six months imprisonment.

For up-to-date information on currently open or closed areas, check the Cape Hatteras National Seashore's Google Earth maps at: http://www.nps.gov/caha/planyourvisit/googleearthmap.htm

-NPS-

NORTH CAROLINA BEACH BUGGY ASSOCIATION, INC.

WEBSITE ADDRESS: http://www.ncbba.org

E-MAIL ADDRESS: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

VIA: e-mail This e-mail address is being protected from spambots. You need JavaScript enabled to view it and U.S. Mail

Mike Murray, Superintendent
Cape Hatteras National Seashore Recreational Area

National Park Service Outer Banks Group

1401 National Park Drive

Manteo, NC 27954

Re: Taking of Loggerhead Sea Turtle on Ocracoke Island

CHAPA Offers $1,000.00 Reward for Information about Sea Turtle Fatality on Ocracoke

CHAPA (NCBBA, OBPA & CHAC)) is offering this reward  for information leading to the arrest and conviction of the person or persons responsible for the death of a nesting female loggerhead turtle that was struck and killed by an off-road vehicle (ORV) during the night-time hours between 10:00 PM, June 23 and 6:00 AM, June 24.  The turtle had crawled out of the ocean and attempted to lay a nest between Ramps 70 and 72 on Ocracoke Island.  The turtle was hit by an ORV and dragged approximately 12 feet, causing fatal injuries to the turtle.  The animal was found dead by NPS turtle patrol at 6:10 a.m. on June 24.  It is the first ever documented incident of a nesting sea turtle being killed by an ORV at the Seashore.  Loggerhead turtles are protected under the Endangered Species Act.  If anyone has any information about this incident, please call the Dare Community Crime Line at 252-473-3111.

Mike,

This reward is yet another example of the "Access Community's" effort to co-exist with the wildlife in an effort to maintain reasonable vehicle access restrictions, not the lock & key approach these so called environmentalist advocate.

While the North Carolina Beach Buggy Association (NCBBA) is outraged by this deliberate act and urges NPS law enforcement rangers to use all available resources to find apprehend and prosecute to the fullest extent of the law the person or persons responsible for the death of this sea turtle, I must respond on behalf of our 4600 members to SELC's unrealistic request to once again punish the law abiding taxpaying citizens for the National Park Service's neglect in performing their duties. The court ordered consent decree requires that the entire Seashore be closed to night time driving from 10:00 P.M. - 6:00 A.M. If NPS had been enforcing this no-driving ban this tragedy could have been avoided. I question where was NPS enforcement during the nighttime hours during which this incident occurred? Under the terms of the court ordered consent decree the only vehicles allowed on the Seashore during those hours are NPS. Since records have been kept by NPS the ONLY turtle fatality from an ORV on record occurred under the consent decree while on your watch! Perhaps a vehicle was driving the beach illegally without headlights on to avoid being seen and thus could not see the turtle, which places the blame directly on SELC and the consent decree, not the law abiding public.

The environmentalists (DOW, SELC & Audubon) who want to close our beaches have responded to this incident by calling for a lock down of the seashore from sunset until clearing the Seashore by the turtle patrol at some unspecified hour. Instead of offering a reward of their own or condemning this deliberate act of vandalism, they use this terrible tragedy as another way to further their agenda of turning Cape Hatteras National Seashore Recreational Area into a gated community to which we the taxpaying public have no access. Common sense not irrational reactions should prevail.  Installing barriers will not stop those who are intent on breaking the law and this might just force those lawbreakers to drive around the barrier doing more damage to the dunes themselves. Locks only keep honest folks honest; those intent on breaking the law will do so. NCBBA has always encouraged NPS to enforce those regulations they have, not make more they are unwilling and lack the resources in manpower to enforce. There appears to be many funds available for biologists, but none for enforcement. Perhaps you need to reallocate some of those funds in light of this latest incident? Do not punish the general law abiding public for the unlawful action of one or two individuals. Until an arrest and conviction have occurred, no one knows who committed this crime and to blame, try, convict and punish the Access Community is premature. During Reg/Neg the Access Community continually requested that vehicles parked prior to 10:00 P.M be allowed to remain parked on the beach during the night time driving ban hours and we were refused. If this had been allowed, surely someone would have been on the beach to witness this unlawful act if it would have even occurred. Do not allow those whose agenda has now been made plain use your agency's inaction as a tool to further close our Seashore! NCBBA and other like minded organizations and individuals continue to advocate for reasonable and responsible ORV use, not the restrictive use now in effect.

In addition, since SELC has asked to supplement their DEIS comments, I ask that the entire process be reopened for ALL taxpaying citizens to have the opportunity to respond, since during the open process we the "Access Community" requested for an extension and were refused on 3 separate requests to extend the comment period. To allow one Group whose sole agenda is to close our beaches to add additional comments at this time is not only inappropriate but unlawful. On the behalf of the NCBBA membership, I demand that there be a NEPA / EIS process analysis and public review for any change to the current restrictions of the consent decree.

We the 'Access Community' have been paying the price for NPS's inaction for the last 30+ years, please do not penalize us again for your inability to enforce the Consent Decree that your agency through the non-defense of the Interim Plan, forced upon us.

Sincerely

David K. Joyner

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NCBBA President

2010 Photo Contest

Junior & Regular Members Only!

Carol Mowers, Photo Contest Chairperson

It's the time to get those cameras clicking and capture those memorable moments on the Outer Banks. This year we haved added support for those of you who wish to submit your photos digitally via email. Please read the contest criteria and submissions guidelines before submitting your photos. All the instructions are below. Email them to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . US Mail entries..please form below (please print!), cut it out, tape the form to the back of your photo, and mail it in.

CONTEST CRITERIA

(Please read and follow carefully....there are some new changes for 2010 ! )

• The photo must be taken within the calendar year beginning January 1, 2010
• Members can submit more than one entry, but contestants can only win one prize.
• The photo(s) can be submitted at any time during the calendar year, with all photo entries postmarked no later than December 11, 2010.
• Each photo entry sent through the US postal service must have a completed entry form TAPED to the back.
• The photo size must be either a 4”x6”, 5”x7” or an 8”x10” in color or black and white.
• The photo must be taken on the Outer Banks from Carova to Ocracoke and reflect the attractiveness and/ or the attractions of the area.
• The photo(s) should be of good quality with clear images.
• The photo entry will remain the property of NCBBA and may be used to benefit the Association with credit given to the photographer.
  
• The photo will be posted with your name on the www.ncbba.org Photo Gallery.
• Matting and framing is not preferred.
  

Submitting Your Photo Via Regular Mail

To submit your photo via mail, follow these simple instructions.

• Submit your photo with the entry form taped to the back of the original photo. You can get this form from your most recent newsletter or by downloading a blank form to print and include with your photo. (Download photo form here )

• Mail the form to:
  NCBBA Annual Photo Contest
  c/o Carol Mowers
  1002 Suffolk, St.
  Kill Devil Hills, NC 27948

Submitting your Photo Via Email

To submit your photo via email, please be sure to follow these instructions exactly.

• Email Your Photo to This e-mail address is being protected from spambots. You need JavaScript enabled to view it with the subject line "2010 Photo Contest Submittal"
• In the body of your email, you must have ALL of the following information
  • Your Name and Your Member Number
  • Address.....City, State, Zip
  • Phone Number
  • Email Address
  • Date and Location Where the Photo Was Taken
• Individually attach the photo to the email and meet the following guidlines:
  • No more than 1mb in size
  • In JPEG format
    
  • No obvious editing, photoshop signatures, timestamps or watermarks should be present.
• You understand that by submitting NCBBA your photo, you are licensing NCBBA with unrestricted use of the photo in perpetuity.

*Professional photographers are requested not to enter this contest.

Judging the Winners