2017 Merchandise "Fishing The Point" is here!

The new merchandise has arrived. The T shirts are again Comfort Colors, which give us a larger choice of colors with a pocket t-shirt. Also available is the hooded, zipper front, sweatshirts. The colors are vibrant.  Check out the "Shopping Cart". 

"The Final Rule"

Cape Hatteras National Seashore Completes All Work Related to the National Defense Authorization Act for Fiscal Year 2015
 
On December 19, 2014, the President of the United States signed the National Defense Authorization Act (NDAA) for Fiscal Year 2015. The NDAA required that Cape Hatteras National Seashore (Seashore) modify wildlife protection buffers, accelerate the construction of vehicle access points and roads, report back to congress within one year of the date of the NDAA, and undertake a public process to consider changes to the Seashore's Final Rule on off-road vehicle (ORV) management. Specifically, the NDAA required the Seashore to consider three specific changes to the Seashore's 2012 Final Rule regarding: (1) morning opening of beaches that are closed to ORV use at night, (2) the dates for seasonal ORV routes, and (3) the size and location of Vehicle Free Areas (VFAs).  Wildlife protection buffers were modified in June 2015, all vehicle access points were constructed, and a report to Congress was finalized before the end of December 2015.
 
On December 19, 2016, the Seashore published a Finding of No Significant Impact (FONSI), and on December 21, 2016, the Seashore will complete the final task related to the Fiscal Year 2015 NDAA by amending its existing Final Rule for ORV use at the Seashore in the Federal Register.
 
Summary: The Seashore, on December 21, 2016, will amend its Final Rule for ORV use at the Seashore to: (1) allow for earlier morning openings of certain beaches open to ORV use, (2) extend the dates for ORV seasonal routes by two weeks in the spring and fall, and (3) modify the size and location of a few VFAs. Final Rule changes were made in response to the NDAA for Fiscal Year 2015. The Seashore also amended the Final Rule to allow the Seashore to issue ORV permits that will be valid for different lengths of time than previously existed, revise an ORV route designation to allow pedestrian use of a sound-side area on Ocracoke Island without requirement for an ORV permit, and extend an existing bypass route at Cape Point. For full details on the Final Rule, go to the Federal Register at https://www.federalregister.gov/documents/2016/12/21/2016-30735/special-regulations-areas-of-the-national-park-system-cape-hatteras-national-seashore-off-road 
To view the FONSI, go to
Implementation: The implementation of the amended Final Rule will occur in the months following its publication date.
 
 
 
Frequently Asked Questions
 
What is a Final Rule for off-road vehicle (ORV) management at Cape Hatteras National Seashore (Seashore)?
 
The Final Rule establishes new Federal regulations that describe ORV routes and other details associated with where, when, and how ORVs may access Seashore beaches. 
 
Why did the Seashore make changes to its special regulation on off-road vehicle use?
On December 19, 2014, the President of the United States signed the National Defense Authorization Act (NDAA) for Fiscal Year 2015. The NDAA stated:
 
"The Secretary shall undertake a public process to consider, consistent with management requirements at Cape Hatteras National Seashore, the following changes to the Final Rule:
(1) Opening beaches at the National Seashore that are closed to night driving restrictions, by opening beach segments each morning on a rolling basis as daily management reviews are completed.
(2) Extending seasonal off-road vehicle routes for additional periods in the Fall and Spring if off-road vehicle use would not create resource management problems at the National Seashore.
(3) Modifying the size and location of vehicle-free areas."
 
What existing special regulations describe where, when, and how off road vehicles can access Seashore beaches?
A special regulation, often referred to as the "final rule" was published in the Federal Register on January 23, 2012. The modified Final Rule, dated December 21, 2016, can be found at https://www.federalregister.gov/documents/2016/12/21/2016-30735/special-regulations-areas-of-the-national-park-system-cape-hatteras-national-seashore----off-road (Document #: 2016-30735).
 
Where can I receive general information about off road vehicle management and use at the Seashore?
The park currently has a special Off-Road Vehicle webpage with information needed for off-road travel in the Seashore. Click here for more information.

https://www.nps.gov/caha/planyourvisit/beachactivities.htm#ORV 

Didn't the Seashore already evaluate changes through an Environmental Assessment entitled: Consideration of modifications to the final rule for ORV management?  If so, why is there a separate Final Rule?
Yes, the Seashore published this Environmental Assessment in February 2016. That document can be found here. The environmental assessment included a preferred alternative that described proposed changes and impacts of those alternatives, to the Seashore's final rule for ORV management. However, special regulations are required to change existing regulations for ORV use on National Park Service lands. The Final Rule largely describes the technical details that are required to implement the Seashore's preferred alternative. 
 
Was the public engaged during the process to prepare the Environmental Assessment?
Yes, the Seashore held five public scoping meetings during August of 2015 and provided a 30-day period during which scoping comments could be provided (7/30-8/21/15).  A public scoping report, summarizing the comments received, can be found here. Using the ideas and information gained during the scoping period, the Seashore developed a range of alternatives, including a preferred alternative (Alternative 2) and released an Environmental Assessment for public comment in February 2016.  At that time, the Seashore provided a 30-day comment period and held another five public meetings in the following locations:  Kitty Hawk (2/26/16), Hampton, VA (2/29/16), Buxton (3/1/16), Ocracoke (3/2/16), and Raleigh, NC (3/3/16). Comments on the Environmental Assessment were reviewed and considered in the preparation of the proposed rule.
 
Was the public engaged during the process to prepare the Final Rule?
Yes, a 30-day comment period began after publishing of an Environmental Assessment on modifications to the Final Rule and a 60-day public comment period began immediately following the publishing of a proposed amendment to the Final Rule on August 22, 2016. Thousands of correspondences were received from individuals and organizations. A public comment/response report will be available for viewing after the Final Rule is published and will be located at
Is there a public comment period on the Final Rule?
The rulemaking process does not provide for a public comment period for a Final Rule. 
 
When will the Final Rule go into effect and when might the public see those changes implemented on the ground?
The Final Rule will be effective no less than 30 days after the date of publication in the Federal Register, which is December 21, 2016. For more information on that process, click here. Implementation of the Final Rule will occur in the months following the date of Final Rule publication. The Seashore intends to implement most changes, other than those that require construction, prior to the 2017 summer season.
 
 

Nies v Emerald Isle -- Supreme Court Dismisses Appeal

All,

The North Carolina Supreme Court provided the users of the State’s ocean beaches with an early Christmas present today by dismissing the Nies appeal (see attached). In doing so, the opinion of the North Carolina Court of Appeals stands as the law in North Carolina unless and until the Legislature or the North Carolina Supreme Court addresses it in the future. There is some limited chance that the Nies will seek to appeal to the U.S. Supreme Court or to seek some other Federal remedy. An appeal to the U. S. Supreme Court in this case is highly unlikely to be accepted, and any collateral Federal remedy will have to start from the bottom of the legal process with a lot of expense for the Nies and with a high likelihood of an unfavorable outcome. Time will tell, but for now, this is as good an outcome as can be expected.

Again, I appreciate your allowing me to prepare an amicus brief in this case on your behalf. While we will likely never know how the brief affected the ultimate outcome, Emerald Isle’s attorney assures me it was helpful to the cause.

Thank you,

-Ben

Benjamin M. Gallop, Attorney at Law
Hornthal, Riley, Ellis & Maland, LLP
2502 S. Croatan Highway, Nags Head, NC 27959
T:   (252) 441-0871
F:   (252) 441-8822
E:  
bmgallop@hrem.com<mailto:bmgallop@hrem.com>
W:  
http://www.hrem.com<http://www.hrem.com/>

CANDIDATES FOR BOARD OF DIRECTORS WANTED

If you are a NCBBA Membership and have ever wanted to take a greater role in helping the organization, now is your opportunity!

This year we will have four openings on our Board of DIRECTORS and we are looking for interested candidates. The NCBBA Board of Directors is a working Board that stays actively involved with organizational duty activities and projects throughout the year. Each term as a Director last two years.

If you believe in our mission and want to help grow, move forward and wish to take an active role in the organization, please send an email expressing your interest, or direct any questions you might have, to Director Charles Lockett at charles.lockett@ncbba.org.  All emails expressing an interest in running for a position on the Board of Directors must be received by December 15, 2016.

Bill Smith, President