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Give Us A National Park, But Please, Not Its Regulations

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Who wouldn't love to have Yellowstone, or Cape Hatteras, or the Grand Canyon as their backyard? But those pesky rules and regulations....Top photo by Kurt Repanshek, bottom to NPS.

We love our national parks. We love the wildlife they hold, the seashores with their sparkling sands, the forests with their wildlife and hiking trails, the soaring red-rock cliffs and plunging canyons.

But please, don't ask us to abide by their regulations.

Uproars over managing off-road vehicles in both Cape Hatteras National Seashore and Big Cypress National Preserve, the oyster farm at Point Reyes National Seashore, air traffic over Grand Canyon National Park, snowmobiles in Yellowstone National Park, and now bike races in Colorado National Monument all seem to drive home that point, no?

There are other examples, to be sure, whether you point to non-native fish being stocked in North Cascades National Park, off-road routes in the crooks and crannies of Death Valley National Park, or climbing fees being raised at Denali and Mount Rainier national parks so the Park Service can afford its climbing programs.

There's an interesting conundrum at play, don't you think? Congressional representatives and states clamor for a unit of the National Park System in their backyards, both for the preservation they bring and the economic boost they can provide. But after the ink is dry on the enabling legislation, those pesky regulatory details can be downright breath-taking, and not in the same manner as Yellowstone's Lower Falls.

* In North Carolina, the idea of Cape Hatteras being the country's first national seashore was applauded, as was the National Park Service's agreement to artificially maintain Highway 12. But what's this about seasonally blocking some access due to nesting birds and turtles?!?

* Yellowstone is beloved by Wyomingites, Montanans, and Idahoans, all who rightfully take pride in laying claim to the world's first national park. Just don't too loudly raise the issue of where or how you can snowmobile in the park, delve into the wolf recovery program, or mention bison, unless you're ordering a cut for dinner.

* Grand Canyon National Park was a god-send for northern Arizona, a hot, arid place in summer where the park's lure contributes significantly to the local economy. But now some air-tour operators are complaining that the Park Service's efforts to restore natural quiet to the canyon, something that no doubt helped lure many of those visitors, could put them out of business.

* At Big Cypress, never mind that the Florida panther, arguably the most-endangered mammal in North America, is a tail's length away from extinction. Swamp buggies are needed to pierce the dense undergrowth and boggy sections of the preserve for hunters, anglers, and wildlife viewers.

* And at Point Reyes, the tastiness of a farmed Pacific oyster is the cause célèbre in a battle over wilderness designation.

Never mind that there is better snowmobiling in the national forests surrounding Yellowstone than in the park itself; that the fishing off Cape Hatteras is better in fall, outside of the plover and sea turtle nesting seasons, than during the height of summer; that Drakes Estero isn't the only place to farm oysters in California (Tomales Bay oysters, anyone?); that there already are off-road vehicle routes elsewhere in Big Cypress; or that the Grand Canyon planners believe they have a system that will allow for 8,000 more flights a year that currently being flown while also reducing noise in the park.

No, those are all beside the point to some.

Of course, the National Park Service has no other choice but to uphold its regulations. And foremost among them is the National Park Service Organic Act of 1916, a legendary work of conservation foresight that specifically directed the Park Service to "conserve the scenery and the natural and historic objects and the wild life therein ..."

Of course, there are those who are quick to point to the second half of that sentence, the part that also directs the Park Service to "provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations."

But as the late historian Robin Winks, who scrutinized the Organic Act to accurately interpret its intent, pointed out, the intent of the framers of the Act clearly was to place preservation of the resources above recreation.

The National Park Service was enjoined by that act, and the mission placed upon the Service was reinforced by subsequent acts, to conserve the scenic, natural, and historic resources, and the wild life found in conjunction with those resources, in the units of the National Park System in such a way as to leave them unimpaired; this mission had and has precedence over providing means of access, if those means impair the resources, however much access may add to the enjoyment of future generations.

Not impressed by Professor Winks' academic approach? Then know that federal courts have ruled more than once that preservation of the resources is the prime directive for the National Park Service.

In a case that arose 1986, for instance, National Rifle Association vs. Potter, a federal district court ruled that the Organic Act gives the Park Service "but a single purpose, namely, conservation."

Ten years later, in 1996, in Bicycle Trails Council vs. Babbitt, not only did the appellate court agree that preservation comes foremost for the Park Service, but it also ruled that the name of a unit of the National Park System -- in other words, whether the unit in question was a "national park" or "national seashore" or "national recreation area" -- did not alter that mandate. That ruling came after the court reviewed the 1970 General Authorities Act and the 1978 Redwood Amendment.

So what's the solution? Should states retake the national parks? Should Florida reclaim the Addition lands of Big Cypress, as one reader noted it could readily do? Should the "national seashore" tag be removed from either Cape Hatteras or Point Reyes? The locals are the ones seemingly most rankled by the regulations, and some outwardly maintain they could do a better job of managing the parks.

Of course, affording them is another question, as many states are finding it difficult to maintain their state parks. But that's part and parcel of deciding how to manage them, no?

Should the National Park Service Organic Act, that dusty, 95-year-old piece of legislation that gave the Park Service its marching orders, be gutted? Why not just take away that first part about conservation (which many have interpreted to mean 'preservation') and focus on enjoying them? And not for future generations, but right now!

Surely, by doing so free enterprise could be unleashed on the parks for hunters, anglers, off-road enthusiasts, snowmobilers, personal water craft owners, and who knows what other commercial enterprises that currently are shut out. True, that "national park" logo that comes in so handy with marketing would be lost, along with possibly millions of tourists who focus on "national parks," but that would solve some of the crowding issues in the campgrounds and moving about the beaches, no?

And no doubt some of the current open space could be done away with -- forests cut down, meadows plowed smooth, and asphalt laid hot and gleaming -- to make way for more lodges and restaurants and parking lots. That might detract a little from some of these places, but at least the Park Service wouldn't be around to police its regulations.

Perhaps the colonies should take a cue from the English, who have created a park system in which "(P)eople live and work in the National Parks and the farms, villages and towns are protected along with the landscape and wildlife."

But then, the concept of the American National Park System would be lessened, if not outright tarnished, no?

Though the above was typed only half-seriously, how should some of the issues raised by the vocal minorities that are complaining about how the national parks are being run be addressed? Should they just be dismissed as the rantings of local minorities, who in turn should be reminded that these are indeed "national" parks and not local playgrounds? Or should there be a serious reappraisal of some basic ground rules? After all, many of these locals moved to their present locations because they loved the parks and wanted to be close to them. But then, in some cases, lawsuits and regulatory changes followed them.

How seriously should the Endangered Species Act be taken? Wasn't it rampant development and sprawl that forced many of the listed plants, birds, fish, mammals, reptiles, etc. into the dire plights they face today? And how vital is The Wilderness Act? Do we need it to preserve and maintain our wide-open expanses?

In the end, I suppose such questions hinge on whether we believe we should leave our grandchildren photos of Florida panthers and Ivory-billed woodpeckers and grizzly bears...or the real thing.

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Comments

Matt Stubbs:
Say what you wish but do not tell me my way of accessing the park (which leaves no marks) is worse than building permanent access roads, docks, boardwalks etc...

Didn't the NPS build permanent beach access ramps? Also - isn't the concern that vehicle access might endanger wildlife? It's not solely about whether or not tracks will wash away. Vehicles also leak fluids including motor oil, washer fluid, coolant, etc. Tires pick up assorted debris and redeposit them. I don't know if these would be large impacts, but I wouldn't pretend there are no impacts that remain after the surf washes away tire tracks.

Sometimes "resource protection" means not leaving resources in a purely natural state, but concentrating access on more durable surfaces.


As I stated these things you pick and choose to list and more are bad for the environment, but no worse than building roads that have many times been accused of transporting vehicles and much larger qty's than beaches and allow all of the above mentioned bad things to gather and then be washed off during a rain storm at larger qty's.

You have a point but as typical you choose to only use it for your agenda. Now multiply all that you state by reality and figure out how much bad stuff is put into the park system by all the roads, boardwalks (pressure treated I am sure), sidewalks, runoff from walking trails, etc... in the national park system!!! Sure makes your point except using it in a way that reflects on how it is used against the Cape Hatteras beach goers.


Why does every conversation on this site always come down to CAHA? Weird.


Matt, you have to keep in mind that the Park Service does quite a few environmental studies before it builds roads, bridges, or trails into an area. They don't simply go in and lay them down where they might make the most logistical sense from an engineering point of view.

As I'm sure you well know from your experience at Cape Hatteras, they have to survey the area in question not only for sensitive species, but archaeological resources, along with all the other usual items, ie is the terrain suitable for the purpose envisioned, would the project in mind detract from the area, etc.

And each time the Park Service conducts these studies, the public is invited to suggest issues and topics that they believe should be studied before a decision is reached, and then the public is asked to provide comment on the proposed decision.

I don't think there ever was an intention that parks would not be developed to a certain degree. The forefathers of the national park movement had public enjoyment and recreation very high in their consideration not only of which areas should be included in the park system but how visitors could get around those parks.

And Kvoth is correct in pointing out that over the decades Park Service approaches to what is appropriate often changes. The bear feeds at Yellowstone are a perfect example. And isn't there a contradiction in the approach the Park Service takes at Cape Hatteras with threatened and endangered species (sea turtles and shorebirds) and that which it is taking at Big Cypress in allowing more off-road vehicle routes in the habitat of what might be the most endangered mammal in North America?

The goal of this article was to create a discussion, which we're very pleased to see that it has. Are there simple answers? In some cases, yes. In others, no. But we need to keep churning through these issues with hopes we can reach reasonable solutions.


With all due respect, is Mr. Stubbs really trying to compare the impact on a beach caused by vehicles to that of foot traffic? This type of irrational arguement is obviously intended to confuse the issue, not honestly address what the mission of National Parks should be.

When I have four legs, weigh a ton, and carry some 40 gallons of slowly dripping gasoline and oil around with me, we should absolutely return to this discussion. Til then could we at least attempt to recover the Twinkie wrappers blowing out the windows?


Wilderness rules are the worst. I am discriminated upon because I cannot physically hike more than a few miles. My bicycle does not harm the trail any more than hiking, or llamas, or horses, but I can't take it into a wilderness because it is mechanical. No more mechanical that a fly rod, but you can take them there.


My conversations turn to CAHA because I think of the arguements used for removing ORV's from the beach, not building a bridge, etc... used by persons in the recent past. Arguments like you cannot build this bridge in North Carolina because water runoff from it will cause issues to the environment, yet they insist that a longer bridge right down the road is the only way to go to protect the environment. Do your research on the area and see for yourself.

Y_P_W insists that things like ORV's leak oil and such on the beaches destroying the environment, well they leak the same on the roads and they gather waiting for the next rain to wash them into the environment!?!?!?!? Same Thing and both can be prevented, but only one is on the enviro agenda.

As far as Rob Reinharts comments I will state that my comparrison has nothing to do with weight. Look at an ORV trail it is bare or vegetation, same for a foot trail. Both cause the same type (notice the word type and not amount) of damage when large amounts of rain run down them. Because this is used against ORV's and it is a reason Enviros want them out of the parks I will say the same for people. Apples are still apples even if they are smaller.

In the end I will say I am venting about the way things are being handled in CAHA and the way I see things are handled elsewhere. It seems these same types of groups have one objective "LIMIT ACCESS" and many tactics, lawyers, and money to get it done. While our government sits on its hands and pays them to sue the NPS.

Kurt please show me the impact studies done to create roads in the National Parks!?


I would like to invite some of the preceeding folks who made reference to CAHA, the 'footprint' vehicles leave on the beach and trash itself, to join the North Carolina Beach Buggy Association in it's next Operation Beach Respect and highway cleaning scheduled for April 16th. For details, you can go to the NCBBA website. It is interesting that personal vehicles are used to remove debris from the Cape Hatteras National Seashore Recreation Area several times each year, totally accomplished by volunteer members. The trash and debris removed from the beach is partly trash brought to the beach, no doubt, but as much or more is from wash up. We at the same time, man the ramps and encourage users to pitch in an take off what the take on the beach plus one more piece of trash. CAHA has beautiful clean beaches. I suppose there could be some oil drippage but honestly, I don't see it. The vehicles I see on the beach are probably among the best keep vehicles around and for good reason. Sure the vehicles produce tracks but, just as footprints are made and paths result they are temporary. There is no permanent damage to anything. The tracks are just sand being relocated back and forth a matter of inches. There are almost always some there but they come and go. Just like foot prints. You can make BIG tracks out of them or small tracks out of them, if you want, we all know how that works.
I hope I have not offended anyone.

Ron (obxguys)
ncbba life
obpa


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