Cape Hatteras National Seashore Settlement Detrimental
to Sportfishing
by Mary Jane Williamson
May 1, 2008, Alexandria, VA — Yesterday, a federal judge approved
a settlement agreement between the Department of Interior and environmental
groups to regulate the use of off-road vehicles (ORV) in Cape Hatteras
National Seashore Recreational Area. This settlement took place despite
the efforts of the Negotiated Rulemaking Committee, of which the American
Sportfishing Association (ASA) is a member, to develop a long-term ORV
management plan acceptable to all the stakeholders. The terms of the
settlement are extensive and they put in place protections for shorebirds
that far exceed protections used at other national seashores and outlined
in species recovery plans. The settlement terms will have a negative
impact on the local businesses whose livelihoods depend on beach access.
Last October, a lawsuit was filed by the Defenders of Wildlife and the
National Audubon Society which contended that an Interim Protected Species
Management Plan, developed to protect a variety of shorebirds until the
long-term ORV management plan is finalized, was not protective enough.
The Defenders of Wildlife and the National Audubon Society are members
of the committee seeking to develop the management plan.
“ASA is deeply disappointed that the Department of Interior failed
to defend the species management plan that underwent significant public
comment and was finalized just last year. The local economy, which depends
on access to prime fishing spots for surf fishing, will suffer unreasonable
losses as a result of this settlement,” said ASA Vice President
Gordon Robertson.
A 1972 Executive Order called on all federal land management agencies
to develop ORV plans wherever ORVs are permitted. While draft plans for
Cape Hatteras were developed, a plan was never finalized. In an attempt
to avoid litigation, the Department of Interior proposed the use of a
Negotiated Rulemaking Committee to develop the plan. Secretary of Interior
Dirk Kempthorne formally approved the Committee in December 2007. Stakeholders
were told that the negotiated rulemaking process would avoid litigation.
“We are very disappointed that members of the Negotiated Rulemaking
Committee abandoned the guiding principles of the Committee to negotiate
in good faith and embarked on this lawsuit,” Robertson further
said, “Instead of trying to come to an agreement through the Committee,
they instead used the court system to establish management protocols
for federal lands.”
Under the settlement, the Department of Interior’s National Park
Service must complete the long-term plan by December 31, 2010 and publish
the final rule by April 1, 2011.
The American
Sportfishing Association (ASA) is the sportfishing industry’s
trade association, committed to looking out for the interests of the
entire sportfishing community. We give the industry a unified voice,
speaking out on behalf of sportfishing and boating industries, state
and federal natural resource agencies, conservation organizations, angler
advocacy groups and outdoor journalists when emerging laws and policies
could significantly affect sportfishing business or sportfishing itself.
We invest in long-term ventures to ensure the industry will remain strong
and prosperous as well as safeguard and promote the enduring economic
and conservation values of sportfishing in America. ASA also represents
the interests of America’s 40 million anglers who generate over
$45 billion in retail sales with a $125 billion impact on the nation’s
economy creating employment for over one million people.
