Cape Cod National Seashore Ban Re-Opened for Public Comment!

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Cape Cod National Seashore Ban Re-Opened for Public Comment!

We did it!  After moving forward with litigation against the Cape Cod National Seashore for their overly-restrictive ban on kiting, they have agreed to re-open the matter for public comment to reconsider their regulation.  Though the federal case is still pending and the kiting ban as it stands is still in effect, this is the time to get the word out to everyone to submit their support for kiting on the Cape Cod National Seashore.  Remeber to keep your comments polite, professional, and civil.  Focus on the many ways kitesurfing is a boon to the region and the people who enjoy the Cape.  Additionally, non-kiters who support the sport should be encouraged to submit a comment too.  Let's show them that kiting can coexist with the goals of the National Seashore and other beach goers.  The details are here:

https://parkplanning.nps.gov/projectHome.cfm?projectId=67769

The 30-day comment period will run from October 14th - November 14th, 2016. Seashore staff will also hold an open house at the Salt Pond Visitor Center on October 26, 2016 from 5:00 pm - 7:00 pm where members of the public may submit their comments in person and meet with seashore staff to ask questions about the process and the issues.

Comments may be mailed to:
Superintendent George E. Price, Jr.
Cape Cod National Seashore
99 Marconi Site Road
Wellfleet, MA 02667

Or submitted electronically via the Cape Cod National Seashore public comment webpage
located at http://parkplanning.nps.gov/ccnskitesurfing.

Written comments may also be dropped off at the Salt Pond Visitor Center open house on
October 26, 2016.  Anyone who can attend the meeting on October 26, 2016 should.

Much thanks to Holly Kuhn who took the iniative to file the lawsuit which brought this opportunity!

Cheers,

Larry Wind

 

Throwdown Surfside!?

 

Great news Larry.  I hope this round goes more reasonably.  From one of the documents it looks like the current restriction is lifted for now.  That means we can kitesurf tomorrow!  (I think!?).  Throwdown XIII surfside!

Cape Cod National Seashore History of Kitesurfing Regulations and Request for Public Comment October 2016

"....(page 1, 4th paragraph) In response, the NPS is withdrawing its current regulations, effective today, and seeking comments on the need for and appropriate scope of new regulations to be effective next year."

 

On a side rant.  I can't believe how fickle these folks are.  Last year at this time after driving 3 hours to kitesurf a ranger wouldn't let me go while paragliders went back and forth over our heads at Whitecrest beach.  I would have laughed at the irony if it wasn't such a loss for all involved, myself and the ranger whose job it was to enforce lunacy.

Way to go Holly!!!  

Way to go Holly!!!

 

Thanks Larry! 

Thanks Larry! 

Think I can resubmit the last one I wrote for the national seashore or is it important to write another one? 

- K T H X B Y E P Z -

Thanks Holly, Larry and

Thanks Holly, Larry and everyone else. 

giving credit where it's due

Thanks John, Wolfie. So here's the real deal about my filing of this lawsuit:

Me- terrified, scared to death to be suing the US Dept of Interior & National Park Service.

Larry- excited, thrives to be going into Federal Court against the Feds.

Truth is there's no way I would be doing this without Larry. His courage & confidence are what's making all this possible. As he explained to the US Attorney, he's not doing this for the money or the billable hours, he's doing this because kiteboarding is his passion and he's ready to go the distance to ensure we can keep access in Massachusetts.

So next time you Boston kiters see him at the beach, please be sure to have a cold after-sesh beer ready for him and thank him for all he's doing for us.

And for those of you planning on kiting the National Seashore now, please remember that our access is on shakey ground, so please be your usual respectful selves when it comes to other beach users. Also if you are called over by a park ranger, be aware that they all wear body cameras, and that they are Federal Police Officers and should be treated as such.

Thanks Larry for all your work and all your support. Stay tuned MassKiters. For all of you who asked what you can do to help, your time has come. Starting Fri we'll need everyone to take a few minutes and help us out by submitting your comments to Cape Cod National Seashore.  

Great news!  Holly, you

Great news!  Holly, you deserve a lot of credit for taking on the Man.  Larry, without your participation this project would not have gone forward.  And a big thank you to all who contributed to the defense fund.  

Dunoyerfilms.com

Great Job guys!   Lets make

Great Job guys!   Lets make sure we are not just heard but listened to! 

Im planning on making the Oct 26th Meeting-- 

That's great Phil,

We should meet before the mtg to discuss strategy. There will be reporters there & we want to come off well and reasonable.

Wow, great job and thank you.

Wow, great job and thank you.

I'm not seeing where exactly to sumbit a comment electronically

Guillaume

Fri

Guy, it's not open yet. Starts Fri.

Thanks so much Holly and

Thanks so much Holly and Larry!! I'm ready to write send some comments.

Comment period is open foe

Comment period is open for only 30 days, let it rip!  Here is what I wrote:

https://parkplanning.nps.gov/commentForm.cfm?documentID=75613

The Cape Cod National Seashore was set aside by President Kennedy to safeguard a place for our beautiful natural surroundings to be enjoyed by the public.  In limiting development and providing minimal facilities, the American public has gained access to one of the most striking pieces of shoreline on the planet.  These areas have been enjoyed in all manner of ways and the task of the park rangers is to ensure that those human activities do not have lasting negative impact on the environment.  Kite surfing has recently been identified as having a detrimental impact on wildlife and on other park users.  I believe that upon closer examination, there is room to make kitesurfing an activity which can be enjoyed in the park by designating areas away from the life guarded beaches and plover nests.  Kitesurfers in New England have a history of cooperating with local and state government to accommodate the needs of the public while maintaining access to coveted beaches for launching and landing their kites.  Let us come together and discuss our mutual concerns and desires, and I am confident an acceptable arrangement can be achieved which protects birds, gives beach goers the peaceful experience they seek, and kitesurfers access to these waters that JFK granted us 60 years ago.

 

 

Dunoyerfilms.com

Detrimental impact?

But there's no proof of that. Yes it disturbs birds, but so does every human activity. But I disagree that it actually harms them or other park users. I would not mention this in any pro-kiteboarding comment you submit. In 2006 because there were no birds nesting at the Gut in Wellfleet & there were kiters there, Price conveniently blamed it on the kiters & banned them. 6 yrs later there're still no nests at the Gut. Were the kiters really the reason? Don't buy into their propaganda Jean.

Oh but there is proof

Oh ye of litte faith.....

 

 

That is what they are saying,

That is what they are saying, but I believe that it is not true.  If only they could take a closer look, they would also see that we do no harm.

Dunoyerfilms.com

Clearly, we need more shops...

Clearly we need more shops.  Add two shops and you will add at least one more breeding pair :)

Perhaps this would all be

Perhaps this would all be solved by breeding pairs of shops...

Commented - thanks Larry,

Commented - thanks Larry, Holly and everyone who supported their efforts! Great work, really appreciate it!

Have you guys been posting on

@ Holly & Larry, have you guys been posting on other forums as well?

- K T H X B Y E P Z -

@Jermy

I did a couple, but I'm learning of local ones I never even knew existed, so everyone please feel free to spread the word & post on any other kiteboarding resources you know of. I also don't Facebook or Tweet, so others would be much more effective at getting the word out than I would.

Less than 2 wks left

So please be sure to submit your comments and get your friends and family members to do the same. It's more important than ever to flood their inbox with comments supporting kitesurfing, especially if the NPS opts to ignore the public's input, it'll be vital for our lawsuit to show their bias against us. So the more comments the better for our case.
For those of you wanting to know what you can do to help, this is it. Comments can simply be how you believe kiting is consistent with the NPS' mission to preserve nature and inspire people. Please spread the word!

5 days to go, so please don't delay!

Only 5 days left for us to flood the NPS mailbox with letters supporting kitesurfing at National Seashores and disputing the Park Service's lack of evidence that kitesurfing harms shorebirds. Please don't delay or put it off 'til this weekend (especially with wind in the forecast). Even a brief comment of support helps! And please share the link with your friends, family, and other green-sports enthusiasts. Thank you to everybody for your attention to this matter and for your continued support!

https://parkplanning.nps.gov/document.cfm?parkID=217&projectID=67769&doc...

 

 

I did it! I shared it! Pass

I did it! I shared it! Pass it on!

adding my two cents soon...edit or share

Cape Cod National Seashore Ban Re-Opened for Public Comment! In 1961, President John F. Kennedy signed a bill authorizing the establishment of Cape Cod National Seashore. A long-time summer resident of the Cape, J.F.K. had co-sponsored the legislation while in the Senate. The goal, he wrote, was "to preserve the natural and historic values of a portion of Cape Cod for the inspiration and enjoyment of people all over the United States." Kitesurfing has been banned and we need your help writing to:

 

https://parkplanning.nps.gov/document.cfm?parkID=217&projectID=67769&doc...

 

to allow us to use some of the 40 miles of the beach to kitesurf from

 

Here are some websites you may like to visit:

http://www.massmoments.org/moment.cfm?mid=229

"The most important and complicated problem before us is to preserve the scenic and historic features of Cape Cod without injuring and unduly restricting the towns and individual citizens directly concerned"

https://www.nps.gov/caco/learn/news/upload/loNPSParkNews1617.pdf

(tons of fun information and  a picture of a plover too)

The kitesurfing ban was placed to protect the plovers, but many of the places we wish to kite do not have plovers but we are banned anyway, even though there isn't any evidence that we disturb the birds when we are near them. As a community that enjoys the beach and nature as much as any group we will help protect the birds.

 

" Sharing the Beach with Plovers is Easy if You Know How! "  (from the Park News website with a list of how)

only 2 days left, so post your comment today!

Only 2 days left, so please don't delay! Submit your comments today! https://parkplanning.nps.gov/document.cfm?parkID=217&projectID=67769&documentID=75613 Here's an example of a great one, although yours doesn't have to be as long or detailed:

Dear Superintendent Price,

I strongly urge and request the National Seashore to reconsider the park-wide 7 month ban on kitesurfing and allow our community some well regulated year-round access in designated areas. I think you will find that the majority of the members in our community are strong conservationists and willing to work with you to craft a reasonable but well regulated and enforced policy that represents a middle ground, protecting the birds where necessary and with evidence-based measures, but also allowing the access that was mandated by the original founding seashore legislation. We have a strong, well organized community and can get the word out about whatever reasonable compromise restrictions are put in place in critical habitats. We would also assist you in clearly posting the regulations at all access points so that all kiters can see and understand the regulations. I and many of my fellow kiters strongly feel that the regulations as written are extremely over-broad. We cannot possibly need all 40 miles of seashore to be shut down to this sport for 7 months of the year in order to put reasonable protections in place for the plovers and other threatened species.

One argument I've seen presented in support of the ban is that kiters can go to other areas such as Hyannis. While this might not be an easy thing for a non-kiter to understand, there really is a fundamental difference between the experience and practice of the sport in sheltered bays and sounds such as Hyannis versus on the open ocean in the surf. In the rare cases when the conditions are right, the Outer Cape ocean beaches present a completely unique combination of sailing and surfing which cannot be replicated anywhere else in the area. I know of a number of fellow kiters that live on Cape Cod largely because they so treasure the few days of the season where conditions (wind direction, swell, etc) are ideal to be practicing the sport on the ocean.

Much of the evidence for the disturbing of birds by kites seems to stem from either the old non-peer reviewed thesis study on hand-held kites from more than 20 years ago (before kitesurfing was invented), or anecdotal evidence collected by Seashore staff. Neither one seems solid enough to use as the basis for such a broad and long duration ban. On the contrary, based on reported numbers, plover communities in beaches like Revere with few regulations on kiting seem to be doing better than those where kiting is banned. We understand that this link is obviously not causational, but certainly it argues against the thesis conclusions and the anecdotal evidence of the harm it is supposedly causing. We all agree that species are worth preserving, and we understand that you are obligated to do what is reasonable to do so for the piping plover under Federal law. And I think you would find that if the Seashore presented strong, peer reviewed scientific evidence that birds were actually consequentially proven to be disturbed by kites in a way that really did affect their breeding success, that we kiters would be the first to want to avoid those areas and change our behavior to avoid having this effect. But as it is, the evidence just has not reasonably met this bar. In addition, there are many other factors, many of them outside of human control - like storms and predation that have a real consequential impact.

We the kiting community really do want to work with the Seashore, but so far, we've found no willingness on your part to compromise or work with us towards a shared solution. We do not consider Duck Harbor and/or oceanside access for the very coldest winter months to be a compromise. I sincerely hope that this can change soon and that we are able to open a productive dialog towards real compromise.

JH

Commented.  Ya'll have the

Commented.  Ya'll have the rest of the day to put in a comment.  Please do, it's all about principle.  

- K T H X B Y E P Z -

I want to thank Holly and

I want to thank Holly and Lawwind for all the time and energy they put into this effort.

I just added a statement at the CCNS website. This issue has been around for quite a while now. I have previously corresponded with the Superintendent on this issue and reiterated my sentiments just now on their website. As Jeremy satted, its about the principles of the matter. For me its not just about the kiting ban, its about an abuse of power by the Superintendent and its about a very poor governing structure at out National Parks. The Superintendents of all of the Parks and Seashores simply have way too much power! These lands should be governed by small commtiee of leaders, not by individuals with nearly unfettered control of our public lands. 

 

 

Thanks!

While I have never met you (Holly and Larry), I want to sincerely thank you for all you have done. I am embarassed to say that I did not submit a comment on the first round because I was busy with job, kids, or some other BS reason. In the end, doing my little part was not that hard to do. We are lucky to have people like you are around.

It felt good to click the submit button. Thank you for giving me another chance. 

in light of a likely new sheriff at the dept. of interior

I strongly urge and request the Cape Cod National Seashore to reconsider the park-wide 7 month ban on kitesurfing and adopt regulation of the activity that both consistent with the practice at National Seashore areas with similar ecologies and species of concern.  In doing so, the Cape Cod National seashore would be better able to meet its joint objectives of both providing for the (1) current enjoyment of and (2) preservation of our nation’s natural heritage and resources.
The regulations that have been in place for the last few years, summarized as a facility wide ban from March 15 to October 15 are both needlessly restrictive and completely out of line with the policies implemented at other National Seashores with similar ecologies, species of concern and visitor usage patterns (Hatteras and Fire Island in particular ).  Further, these restrictions are also completely out of line with those adopted at state and locally run shore line facilities throughout the East Coast of the USA that also share similar ecologies, objectives and visitor patterns.  In all cases, these facilities restrict kitesurfing only when it is likely to result in (1) an adverse impact on wildlife, habitat or the recreational experience of a significant number of other visitors or (2)  it is likely to impose a significant cost on the administering agency with regard to providing for management of the facility.  In practice, this standard that has guided the regulation at Hatteras and Fire Island and countless other facilities to allow kite surfer access on a year round basis for large parts of these facilities.  It amounts to a fairly simple set of rules that boil down to the following; the establishment of exclusion zones around marked nesting sites for species of concern during the times when their nests have young and bans on kitesurfing at guarded beaches while lifeguards are on duty.  This type of regulation would open up a considerable portion of the Cape Cod National Seashore to kite surfers without creating any meaningful interference with the services objectives or costs.  To not adopt more sensible regulations would simply make administration of the Cape Cod National Seashore stick out. That is stick out in a way that is clearly unfair to a particular constituency and warrants considerable additional scrutiny.
Thank you

 

Nice Pete, good one.

Nice Pete, good one.

- K T H X B Y E P Z -

I want to sincerely thank you

I want to sincerely thank you for all you have done. help with assignment I am embarassed to say that I did not submit a comment on the first round because I was busy with job, kids, or some other BS reason. In the end, doing my little part was not that hard to do. We are lucky to have people like you are around. 

Pretty soon we can start a

Pretty soon we can start a letter writing campaign to Sarah Palin.  When I wrote to Sally Jewell who used to run REI, I expected a sympathetic ear, instead I got the authoritarian response from her surrogate. 

Dunoyerfilms.com

I'm out of the political loop

I'm out of the political loop I guess... why Sarah Palin?

- K T H X B Y E P Z -

Trump's possible choice for

Trump's possible choice for Secretary of the Interior

Dunoyerfilms.com

ahhh, gotcha.  I can't

ahhh, gotcha.  I can't believe she didn't write you back.  Palin probably will though. :P

- K T H X B Y E P Z -

Not sure who will be in charge at Dept. interior

Not sure who will be in charge at the department of interior but it will generally be much less likely to listen to people who care about the environment and generally more likely to loosen restrictions on the use of public land. In aggregate this is likely to be a bad thing.  Specifically, with regard to lostening restrictions on kite surfers on federally managed lands in Massachusetts its more likely to be helpful than not.  I find myself looking for silver linings, even very thin ones, where ever they can be found :)

I had the same thought Pete

Less environmental restrictions could be good for us even if it's not good in the long run.

Jean did you keep that response from Secretary Jewell's crony? I got the same terse reply supporting whatever Price chooses to do. If anyone else also sent out correspondence, it'd be useful to have them to show we really did attempt all avenues before turning to litigation.
Thanks.

But...

It still makes me sick. We shouldn't need less environmental restrictions to do what we do.

I may have been so disgusted

I may have been so disgusted I threw it out....  my bad.

Dunoyerfilms.com

Nice work by Larry

He kept the case from getting tossed after a legal maneuver by the Seashore to claim there is no longer a ban since they dropped it a whole week early in deference to the public comment period:

http://www.capecodtimes.com/news/20161120/cape-kitesurfing-lawsuit-put-o...

Thats super lame by the

Thats super lame by the Seashore -  Nice going Larry and Holly

Way to go Holly and Larry

Pretty cheesy maneuver from the feds, lifting the ban shortly before the hearing with the intent of simply reissuing a new one in the spring.  My guess is that move did not sit well with the Judge.

Agreed, thanks guys!

Agreed, thanks guys!