8 posts in this topic

Saw that over on another board. I sure hope they can work it out. Finally after 5 years of trying I got my wife hooked on surf fishing. Took her with me on one of my October runs to Hatteras last year. We got into the 3-4lb Bluefish off of ramp 38. Now she wants to go every weekend. I don't mind though, just more sand time for me.

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I hope they dont work it out, with the way the pre nesting closures are now they will only get more in a negotiation. plus because the NPS does not dispute the case I only see them caving. I dont know if it will happen but the best chance I see is for the judge not to grant the injunction. after that I think the second best would be for him to grant it and then get it appealed. even though that could take up to 18 months to appeal, if we negotiate we cannot get it back. besides what is this BS about "we want to negotiate" they are on the REG-NEG committe and they wont negotiate there. they are willing to only negotiate with the park service because that is where they will get the most. fuggin BS! why do they say "it is imperative that we close these beaches now for the survival of these animals", and yet they have a date set and ask for a continuance.

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You can fish till next Friday 4/11 as of now, then again back in front of the Judge.

I guess negotiations are still in progress between the sides.....

Almost made the run today, but held off!!!!

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I was not at the hearing today but apparently one of the first things the judge said was "I am ready to rule in favor of the injunction." the other side was apparently insisting on a continuance for negotiating. that doesnt sound good, I mean why would they turn down what they want? in my mind it is only to get more of what they want. one of the audubon represenatives said that "there will be more restrictions but it will be fair". I heard from a friend that was there that our lawyers wanted to be a part of the negotiations but are only allowed to sit at the table and listen, not participate in negotiating. I haven't confirmed that yet but thats what i heard. sounds like the other side gets anything they want. They judge will apparently make a decision next Friday. I will fill you in when I get more.

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Don't know if y'all heard the latest news on the hearing, but here 'tis. This is the transcript of the Article published in Friday's Raleigh News and Observer:

"New deal would allow beach driving

Javier Serna, Staff Writer

RALEIGH - Beach driving at Cape Hatteras National Seashore may be preserved yet.

Parties to a federal lawsuit agreed in principle to terms that would likely allow off-road driving at the popular park while providing more protection for wildlife.

But the deal could still fall apart, said Derb Carter, an attorney with the Southern Environmental Law Center.

Commissioners for Dare and Hyde counties and members of the Cape Hatteras Access Preservation Alliance have until Wednesday to vote on the terms, said Carter.

The terms of the settlement won't be public until the settlement is filed, Carter said. If approved by the court, it would likely allow some off-road vehicles on the beach, but would also likely close key nesting areas during parts of the year.

Those spots are also the most popular fishing spots, which generated much opposition. A large contingent feels closing those spots to driving will gravely hurt business on the island.

Carter, representing the National Audubon Society and the Defenders of Wildlife in the lawsuit against the National Park Service, said the agreement would be filed with or without the third party's blessing, but was hopeful they would agree.

"We are pleased to have all parties to the case at the negotiating table and in agreement in principle," Carter said in a news release, which also said that key opponent John Couch, president of the Outer Banks Preservation Association, would recommend approval of the settlement.

Reached late Friday night, Couch confirmed that his group will recommend approval. "Bobby Outten, Dare County attorney, and Larry Liebesman of [law firm] Holland and Knight LLP, outside counsel for the defendant interveners, are very pleased that the parties have reached agreement in principle and will recommend to the interveners that the settlement be approved as soon as possible next week.

Couch said he hoped his group's board could act as soon as Monday. Outten has to "run it by" the Dare County commissioners, he said.

The lawsuit contended the government had long ignored federal laws requiring a plan to keep nesting birds and turtles safe from vehicles at the park.

And U.S. District Judge Terrence Boyle said last Friday that the environmental groups had a compelling case, but gave the parties a week to submit a plan.

Attorneys were working late Friday evening to file for a continuance to Wednesday. Outten did not return phone calls Friday seeking comment."

Judge Boyle has submitted this to arbitration, and the details are pretty fuzzy. Deadline for proposals is later this month, and we will find out more at that time.

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All parties were at the table?

I thought the "party" that represented access to the areas was cut out last week?

Wonder which principal terms were agreed to and by whom.

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No Consent Decree filed as of this posting. Rumors running wild on the boards down south.

Consent Decree will mandate the "Rules" pending final Plan being developed by Neg-Reg, a 1-2 year process.

Devo

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