Pea Island "OBX" (closed for Kiteboarding)

[14ToeSide]

When if ever has bird been killed or hit by a Kiter? What about airplanes that hit birds ? We goin to restrict where planes fly now?? I don't think so. This is pathetic.

[William Munney]

When if ever has bird been killed or hit by a Kiter? What about airplanes that hit birds ? We goin to restrict where planes fly now?? I don't think so. This is pathetic.

The only bird related restriction I know of pertains to piping plover nesting areas which are marked and fenced off during nesting season The restriction applies to everyone, not just kiters. So far it has not inconvenienced me but other areas may be different.

[Dimitri M]

With all due respect Mr.RichardM, but when you know only the tip of the Iceberg, it would be wise to just relax like most people do and get a better understanding of the situation.

The officer showed up at my house on April 30th asking my wife were I was. So when I got back to the USA on May 7th, I called the officer to see what was the problem. And on May 9th they came back to my house to talk about PEA ISLAND, and showed me some of the YOUTUBE videos of me kiting on Pea Island (ocean & sound). So the 2 officers decided to make an example out of me by giving me this citation, and asked me to let all the kiters know about this, which I did. And in case you did not know, one of the officers is also a kiter, which made his work even harder but had to do it so he doesn't get in trouble with his work.
I also asked the officer what about SURFING on Pea Island!!!! His response was that it was not allowed either, but was under the radar like Kiteboarding was until some one decided to land his kite on the power lines.
So in few words, people need to know what kiters are up against. But again you have a lot of loop holes. For example, you can lunch North of Oregon inlet and do a down winder and come out in Rodanthe. This is one of the many loop holes, and that is the reason I did not want to engage the officer more then I needed to.
So if you want to win a war you need to be smart and choose your battles.

[Flysurf77]

Dimitri,
Thanks a lot for letting us know about the situation.
Lot of us just go there to spend few weeks vacation and we are not aware about this kind of rules/restrictions.
I don t know what s up with Mr RichardM, looks more like a personal vendetta against you than the actual topic.
Anyway, thanks for warning us and giving us the heads up!
Will be there soon, and hopefully we can get an other exit point from this amazing Downwinder!
Keep us posted if any thing new comes up!
Regards,
M.

[RichardM]

With all due respect Mr.RichardM, but when you know only the tip of the Iceberg, it would be wise to just relax like most people do and get a better understanding of the situation.

The officer showed up at my house on April 30th asking my wife were I was. So when I got back to the USA on May 7th, I called the officer to see what was the problem. And on May 9th they came back to my house to talk about PEA ISLAND, and showed me some of the YOUTUBE videos of me kiting on Pea Island (ocean & sound). So the 2 officers decided to make an example out of me by giving me this citation, and asked me to let all the kiters know about this , which I did. And in case you did not know, one of the officers is also a kiter, which made his work even harder but had to do it so he doesn't get in trouble with his work.
I also asked the officer what about SURFING on Pea Island!!!! His response was that it was not allowed either, but was under the radar like Kiteboarding was until some one decided to land his kite on the power lines.
So in few words, people need to know what kiters are up against. But again you have a lot of loop holes. For example, you can lunch North of Oregon inlet and do a down winder and come out in Rodanthe. This is one of the many loop holes, and that is the reason I did not want to engage the officer more then I needed to.
So if you want to win a war you need to be smart and choose your battles.

DAMN ! Just when I thought I could give up on this topic, I see your post and am so FLABBERGASTED that I must respond.

First, I agree that it is a good idea to “...get a better understanding of the situation.” Please see my FIRST post on this subject - to which you did NOT respond.

Assuming that you do not have some type of personal relationship with the Officers or someone at the subject authority, for them to come to your HOME is mind bending. Needless to say, it is unlikely that I would have been as cooperative as either your wife or yourself.

That you apparently accepted such an OBVIOUSLY BOGUS “citation” leaves me speechless.

I suggest that you wonder WHY they “...asked me to let all the kiters know about this ” instead of simply DOING IT THEMSELVES (which is THEIR JOB).

Do you think that it could have anything to do with the fact that what they put on the “citation” is COMPLETELY ABSURD and RIDICULOUS to the point of being UNINTELLIGIBLE? And that they could NEVER officially spout such nonsense ?

I’m surprised that you even believed that ANY LEGAL restriction actually exists. After all, they had PLENTY of time to not just LIST its number, but even to bring you a COPY.

Please let me know WHERE I can find the OFFICIAL copy of this SUPPOSED “special regulation”. I assume that you have studied it enough to conclude that it contains “... many loop holes”. If you would be kind enough to let the rest of us know what they are, I would like to see if they might be enlarged.

While you’re politely letting them know that some subversive extremist (me) wants to SEE the “special regulation” AND the ENABLING authority for its creation, please ALSO mention that this a$$hole additionally would be interested in knowing what “....under the radar” means as it pertains to ENFORCEMENT (or LACK thereof) of OTHER supposedly prohibited activities.

Although it is often a good idea to be “... smart and choose your battles.”, if a person with your qualifications can not even TRY to win a battle where the “enemy” is apparently out of ammo, stuck in a swamp and mostly brain dead, then your example obviously shows that kiters should NEVER put forth any effort to preserve access.

Personally, I believe that A GOOD OFFENSE IS THE BEST DEFENSE.

Incidentally, on the subject of examples, do you know if the kiter who powerlined his kite was one of your more irresponsible fans ?

P.S. I do not mean to give the impression that I disapprove of all your activities etc. Besides only being somewhat aware of some of them, I have been favorably impressed with your attempts to create kites specifically for smaller individuals - especially women - which could be especially beneficial to the sport.

Richard M.
Malibu Kitesurfing - since 2002
(310) - 430 - KITE (5483)
http://www.MalibuKitesurfing.NET
kfRichard@MalibuKitesurfing.NET

[SSK]

@RichardM

Do you think that it could have anything to do with the fact that what they put on the “citation” is COMPLETELY ABSURD and RIDICULOUS to the point of being UNINTELLIGIBLE? And that they could NEVER officially spout such nonsense ?
I’m surprised that you even believed that ANY LEGAL restriction actually exists. After all, they had PLENTY of time to not just LIST its number, but even to bring you a COPY.
Please let me know WHERE I can find the OFFICIAL copy of this SUPPOSED “special regulation”. I assume that you have studied it enough to conclude that it contains “... many loop holes”. If you would be kind enough to let the rest of us know what they are, I would like to see if they might be enlarged.

Man you are hard headed. Why do you act like this is some made up rule and that it is non-enforceable? Title 50 of the CFR gives the Fish and Game pretty broad range on how they can set and enforce rules within a federal refuge.

http://www.ecfr.gov/cgi-bin/text-idx?SI ... rv9_02.tpl

As I already said these rules have been in effect for over a year. They are posted on the signs at both ends of the refuge and at the refuge station. They are posted on the refuge website.
http://www.fws.gov/peaisland/images/regfactsheet.pdf
http://www.fws.gov/peaisland/reg.html

If you are some kind of lawyer then come over to the east coast and help us fight it. People have been working this issue; maybe could have done better. But telling Dimitri to fight that warning seems stupid. He broke the law, like it or not, and they have every right to enforce it. You need to worry about your limited access out there, and stop yapping your mouth because you are clueless on the situation here. Last thing we need is another west coaster telling us how to do things here. It is all the California funded environmental groups that have really restricted everyone's access in the ORV policy, new bridge, and Plover closures. If you want to be constructive then give us some examples of how you have worked with your community to increase or protect access. Love to hear your success stories, or are you just hot air. I know Dimitri has done a lot in the community and has been a good ambassador for the sport. I think a lot of people have been treading lightly on this issue, because the F&G does not seem like they really want to enforce it and most people have just gotten warnings..

* In accordance with 50CFR (Code of Federal Regulations) 28.31: (a) Any person who violates any of the provisions, rules, regulations, posted signs, or special regulations of this subshapter C, or any items, conditions or restrictions in a permit, license, grant, privilege, or any other limitation established under the subchapter C shall be subject to the penalty provisions of this section.

While there are many federal*, State, and local laws and policies that apply to activities on Pea Island National Wildlife Refuge, several merit special emphasis in order to clearly communicate their intent to the public. The regulations discussed in this fact sheet do not cover the full list of prohibited activities on this refuge. If you have any questions as to whether or not an activity is allowed, please take a moment to check with refuge staff.

1. Daylight Use Only: The refuge is open daylight hours only (1/2 hour before sunrise to 1/2 hour after sunset). The comfort station, located at the Visitor Center, is open 24 hours/day. Night time surf fishing is allowed September 15 – May 31 annually and requires a permit. All other exceptions must be authorized by the Refuge Manager.

2. Unleashed Pets: All pets must be properly confined, leashed (10 foot maximum), or haltered and under physical control by the owner at all times. Pets are not allowed outside the vehicle west of NC Highway 12 except in parking areas.

3. Camping and Fires: Neither camping nor fires are allowed on the refuge.

4. Vehicles on Beach: Vehicles are prohibited on refuge beaches. This includes passenger vehicles, all terrain vehicles, bicycles, all other vehicles (motorized or nonmotorized), and horses. This regulation does not apply to wheelchairs. Vehicles are allowed on designated roadways (NC 12 Right-of-Way) and parking areas only.

5. Feeding of Wildlife: It is illegal to feed wildlife on the refuge.

6. Public Nudity: Public nudity is prohibited on Pea Island National Wildlife Refuge. This includes exposing female breasts or pubic areas and/or male sex organs. Exception: a woman may breast feed in any location where she is authorized to be present.

7. The interior of North Pond is closed to all public entry. Refuge visitors may walk completely around the pond on the service road or walking trails; however, they may not walk, wade, paddle, fish, crab, or otherwise enter the water or marsh sections of the pond.

8. Kiteboarding and the use of Personal Watercraft are prohibited.

* In accordance with 50CFR (Code of Federal Regulations) 28.31: (a) Any person who violates any of the provisions, rules, regulations, posted signs, or special regulations of this subshapter C, or any items, conditions or restrictions in a permit, license, grant, privilege, or any other limitation established under the subchapter C shall be subject to the penalty provisions of this section.

My guess is that Dimitri was violating number 6 also at the time, and that is why they cracked down.

[SSK]

@RichardM
So if you read TItle 50 you are not going see "kite boarding prohibited in Federal wildlife refuges." You will see a statute that reads the Fish and Wildlife Service, can establish rules and limit activities to support the goals of the Federal refuge system. Their argument is that kiteboarding (like it or not) is not in line with these goals.

Protect, maintain, and enhance
healthy and viable populations
of indigenous migratory birds,
wildlife, fish, and plants including
federal and state threatened and
endangered species.
■ Restore, maintain, and enhance the
health and biodiversity of barrier
island upland and wetland habitats
to ensure optimum ecological
productivity.
■ Provide the public with safe, quality
wildlife-dependent recreational
and educational opportunities that
focus on barrier island wildlife and
habitats of the refuge. Continue to
participate in local efforts to sustain
economic health through nature based
tourism.
■ Protect refuge resources by
limiting the adverse impacts of
human activities and development.
■ Acquire and manage adequate
funding, human resources,
facilities, equipment, and
infrastructure to accomplish all
refuge goals.

[robg]

Dimitri, I hope that ranger either did not know what he was talking about or was just trying to appease you when he said surfing was not allowed in Pea Island. I have never heard that one before and have had countless good days of surf there in the last 30 years. You can bet I plan to have countless more in the future.

Sorry I was wrong in assuming you got busted at the boat ramp. Who would have thought it was the way you described! You can be sure they are reading this as well.

I think they will leave you alone kiting the ocean side if you quickly launch and go downwind to Rodanthe. Do not stay and play.

I do not see how the Pea Island sound side can be done without jet ski support now that all of the possible exits are in a construction zone. When that is done all of the exits will be blocked by a 3 mile bridge!

Advice to everyone...I know it is hard but try to ignore RichardM.

[SSK]

Dimitri, I hope that ranger either did not know what he was talking about or was just trying to appease you when he said surfing was not allowed in Pea Island. I have never heard that one before and have had countless good days of surf there in the last 30 years. You can bet I plan to have countless more in the future.

The fact that we have been surfing/kiting for years is irrelevant. They can establish the rules as necessary. The rule against kiting started in Spring of 2013. I agree there is no rule against surfing, it is not published or posted anywhere.

I think they will leave you alone kiting the Oceanside if you quickly launch and go downwind to Rodanthe. Do not stay and play.

Wrong. Expect a ranger to be waiting at your vehicle, that is how most of us have been cited.

I do not see how the Pea Island sound side can be done without jet ski support now that all the possible exits are in a construction zone. When that is done all the exits will be blocked by a 3 mile bridge!

As Dmitri stated you can go all the way. Pretty challenging. But you can launch at Rodanthe and land around Oregon Inlet Fishing center. As long as you do not launch and land in the Refuge you are OK.

[robg]

SSK,

As far as the ocean goes I guess I have been lucky so far. I usually get dropped off and finish in front of the house so there is no going back to the car. I also do not have a car that screams kiter with stickers.

Has a reason ever been given for the general Pea Island ban? RichardM does have a point that this happened with such little fight from kiters that almost no one is aware of it. If they ever did propose a general ban on surfing you can be sure it would start a huge fight and would not go unnoticed.

Doing that sound side run from Rodanthe to the other side of Oregon Inlet would not be a downwinder. It would be a full on Expedition!