Here is a video presented by North Carolina Beach Buggy Association. It talks about the impact of the beach closures down in North Carolina.

Files Attached:
• OBX-NCBBA video

This message is from the American Sportfishing Association (ASA), the sportfishing industry’s trade association, committed to looking out for the interests of the entire sportfishing community.
 
You may have received this earlier today, but I wanted to encourage you to post this information about the U.S. Environmental Protection Agency’s petition to ban all lead in fishing tackle – not just sinkers, but jigs, weighted fly line, ballast in lures, spinners, other terminal tackle and components in reels.  This sweeping proposal would include all tackle that contains lead, so please post this information on your website or bulletin board.  Thanks from the American Sportfishing Association.
 
http://www.capwiz.com/keepamericafishing/issues/alert/?alertid=16355526
 
For more information about what ASA is doing to protect recreational fishing opportunity, please go to www.keepamericafishing.org
 
 
Gordon C. Robertson
Vice President
American Sportfishing Association
225 Reinekers Lane, Suite 420
Alexandria, Virginia 22314
703-519-9691 x 237
Fax 703-519-1872
www.asafishing.org

Cape Hatteras   Cape Hatteras was handed a disappointing judgment on Tuesday August 17, 2010.  Unfortunately, unlike the 2004 decision, Judge Lamberth upheld the FWS critical Habitat designation for the plover. The Judge largely deferred to the FWS record despite finding that the record was "convoluted " regarding FWS explanation of the economic impacts of the designation.  Needless to say, we are very disappointed in this decision. Here are some of the key highlights:
·         The court held that we had standing, stating that as in CHAPA I, CHAPA members" fear that the Service's administration of the critical habitat will result in use restrictions on vehicles and closure of beaches of access portions. This not only affects recreation but the livelihood of local fisherman who are dependent on vehicles" The court cited relied on a very recent Supreme Court opinion we had cited to support our standing over the objections of the Government and Defenders. The court also noted that the counties asserted "harm related to their tourism economy and their ability to maintain and repair infrastructure and seashore." ( p. 7-8)
·         The FWS fixed its prior error and adequately explained how each CH unit required special management protections ( pp 13-16)
·         The FWS adequately addressed existing management plans in designating critical habitat even though it had shifted its prior interpretation that existing management plans provided adequate protection for the plovers. In doing so, the court never addressed one of our key arguments --- Superintendant Murray's letter strongly objecting to the designation due to NPS administration of the Seashore under the Interim Plan ( pp. 18- 20)
·         The Service adequately considered the economic impacts of the designation, finding that the FWS used the baseline approach "albeit in a convoluted fashion." In doing so the court excused the Service's failure to specifically quantify the baseline costs absent critical habitat despite strong case law that , we argued, required the Service to actually quantify those costs( pp 25- 27). The court also erroneously stated that we did not challenge the prior  order to clarify the economic analysis regarding consultation with NPS. ( p. 24) In fact, we specifically challenged FWS compliance by pointing to certain NPS  consultations costs that FWS ignored. The court then rejected our claims regarding its reliance on the Vogelsong study despite our arguments that FWS never adequately explained why Vogelsong was superior to Neal after finding that both studies were "equally flawed." ( pp 28-30).
·         The court rejected our NEPA arguments finding that the FWS Environmental Assessment adequately supported its decision despite relying on the flawed Vogelsong study over the flawed Neal study. ( pp 30- 34)
 
The CHAPA attorney does not recommend appeal given the highly deferential standard in the court of appeals in these kinds of cases. This may have a large ripple effect on every state and federal beach.  This provide precedence to reference.  While this is not a fatal blow to access efforts, it is considered a “win” for the environmentalist.  
 
 
Court Document attached.

Files Attached:
• Court Document

Many of our memebers have received a OSV survey form. According to the NPS out of all the 2009 OSV permits issued, 500 were pulled and sent surveys. If you recieved one of these surveys please be careful how you answer the questions as your answers could impact the results of the new general mangement plan. The AMSA legistation committee has got the survey and has evaulated it and attached you will see their comments, which should help you in answering the survey questions. Please read the attached document before filling out the survey.

Again, if you were one of the 500 people selected to get the survey please be sure to read it over and over again before answering the questions, think about how you answer could be interputed by the NPS and the governing body that will formalize the new general management plan.

Files Attached:
• OSV survey recommendations

The annual AMSA fishing tournament dates are now set.

Tournament sign-in will be 10/21/10 at the AMSA Property Tournament fishing dates will be 10/22/10 and 10/23/10.

To register for the invite plese fill out the entry form and send back by mail with payment. If you have any questions please contact either of the following on the committe. David Owens @ 410-251-0279 or Danny Morris @ 410-726-5113

Please reserve your team's spot now as space is limited

Files Attached:
• Fishing Tournament Flyer
• 2010 Invite
• 2010 Entry Form
• Waiver