Time to stir up a hornets nest.

[Metal.detective]

Time to stir up a hornet's nest.

So it's 4am where I'm at and I just read a post that got my curious. Started doing research and got even more curious to the point that when I get up today I'm going to call a lawyer buddy of mine here in NC. So this pertains to metal detecting the Cape Hatteras National Seashore. First let me say I'm former law enforcement and I try to stick to the rules. I don't feel like going to jail over my hobbies. I've spent 30 years staying out of there and don't want to start now. Enough ranting....so I've read Supreme Court cases that ruled that from the average high tide mark to the water is considered public property and no one really owns it. So if this be the case why wouldn't detecting be legal from point A to point B? I'd love to press it and see if I can make case law lol. That could get expensive and like I said I ain't ready for jail if it doesn't work out. Let's hear some opinions. Keep it nice...I'm just trying to spark opinion. I've had people get on here and bash the heck out me in the past. I like this forum so in a world that's full of meanness and hatred...be nice here. We can have a friendly debate. Go.

 

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[cooper1841]

Tom in California, says"...................................................

 

[Tejaas]

First of all, thanks for your service as an LEO.

What you mentioned is another example of the infamous "grey area" that a lot of MD'ers face.

If the stretch of beach you refer to was even a SINGLE step outside the national seashore boundary, even if it was some beach houses private backyard, you'd be good to hunt... That's why the waterlines clause is included, so that wealthy beachfront residents can't control entire seashores.

But because that stretch is federally declared, it is protected from disruption... Particularly in regards to digging, collecting seashells, plant life, turtle/bird eggs, etc... And is also sometimes meant to preserve the sand dunes that protect wildlife and communities from tidal surges.

They need to include something similar to the text " THE WATERLINE RULE DOES NOT APPLY TO HATTERAS NATIONAL SEASHORE"... just to clear up the grey area and so as to PROTECT the hobbyist of being liable for court cost, fines etc. due to an unclear policy.

Uncle Sam declares National Seashores not necessarily to provide a place for the public to experience the outdoors, but to forever protect the integrity of the site FROM The public.

The TX Gulf Coast is a prime example of some of these nationally protected areas.

This is closely related to the regulation we have here in Texas... The generic rule of Texas Rivers is that the riverbed itself is STATE property, and open to the public.
It also goes so far as to state that the public has rights all the way up to the exact halfway point of high and low water lines no matter whether the banks are public or private... As long as it qualifies as "navigable"...

I am 100% in support of preserving these national areas... I do not wish to see all the outdoors under the control of the government, but I do like to think that my G-G-G grandchildren may be able to go see the Gettysburg Battlefield, The Grand Canyon, or maybe even Hatteras National seashore... Haha!

It is of my opinion to NOT seek legal counsel or try to find loopholes in regards to detecting Hatteras National Seashore... I'd say leave a good cause unchallenged.

Instead maybe lobby for your access to detect the city/county parks and the like (if they have regulations against hunting, if not your already good to go!)

This is solely my opinion, and If I did not address your intended question please disregard all of the above!

Happy Hunting!

 

[Tejaas]

I've had people get on here and bash the heck out me in the past. I like this forum so in a world that's full of meanness and hatred...be nice here. We can have a friendly debate. Go.

You sir, are a class act.
This should be the way that every single forum post should end.

 

[christo000]

Good luck

 

[dholland02]

I'd say go for it I wouldn't think twice about hunting it.

 

[Tejaas]

I'd say go for it I wouldn't think twice about hunting it.

Just be careful.

It has been my experience that the NPS/LEOs are less likely to return all your seized personal property when your on government soil.

 

[Metal.detective]

Thanks for the comments y'all and I appreciate it Tejaas. Trust me I'm not going anywhere near that place. I have been right up to the edge of the boundary line. Mile marker 23 is the last mile marker before you get in trouble. That statement I read last night just had me curious. I'm pretty lucky where I live. I've got a 3 lake chain with 2 of the lakes pretty much in my back yard. 2 of them closest to me have public beaches that are open to hunt. The 3rd is mostly statepark. Our county and city allows MDing in all parks even at the ball fields. I'm about 2 hours 45 minutes from Nags Head and get down there 5 or 6 times a year. In my opinion the government knows what's there on CHNS. I've studied maps of old wrecks off the coast and several of the older treasure bearing ships lie off that portion of beach. It's a shame. What I wouldn't give to scuba dive (if I knew how and my ears could take the pressure) along that part of the coast. Trust me y'all I'm not pursuing anything legal against the government it would just be fun to try. Maybe if I find out I'm going to kick the bucket and only have a few months to make...then...it's game on. They'll have to put a whole division of Park Rangers to just deal with me.

 

[Metal.detective]

Cooper1841...I was waiting for it. Still isn't to late lol. I don't have a like button on my mobile app...but like button hit if there was one.

 

[Metal.detective]

By the way Tejaas you answered all of my questions. Thanks again. I agree with you on the preservation of some lands. I think those lands should have a large historical value to them though for preservation purposes. I read a ton of rules and general statutes last night and I just don't understand the government way of thinking sometimes. You can drive on that portion of beach...fish that beach...start a fire with a permit there. That does more damage to the beach than any MDist

 

[Metal.detective]

Hit the wrong button...wasn't finished typing...sorry...smartphones...gotta love them...now if only the operator had smarts. Anyway...I just don't understand their way of thinking. Probably never will. I live in a place you all have heard about at least once in school. Halifax County North Carolina. The birthplace of independence. The place where the Halifax Resolves were signed. Great place for a MDist to live right. Lucky me. Now...There is a portion of the little town of Halifax that is a state historical site. I know the curator of the museum very well. The area was an open air market and was the hub of town. I tried to convince the state and my friend that if I could dig there I would turn over ALL of my artifacts to the museum. Shot down quicker than the Red Baron with Snoopy on his tail. I even said they could send someone out to watch me to make sure I was legit. Again...tat tat tat tat tat tat tat...flames and crash. This all goes back to the preservation of historical areas...yes that area is significant but the items left behind in the ground isn't doing ANYONE any good just rusting and rotting away. Get them out...get them in a museum. Get them preserved so our future generations may appreciate it. Maybe I should have been an archeologist instead of a Deputy Sheriff. Oh looking back at the wasted school days and not going to college.

 

[Tejaas]

Maybe if I find out I'm going to kick the bucket and only have a few months to make...then...it's game on. They'll have to put a whole division of Park Rangers to just deal with me.

Haha!

That scenario changes everything! I'd probably do the same!

That would be how a detectorist goes out "In a Blaze of Glory"!!!

 

[Tejaas]

In my opinion the government knows what's there on CHNS. I've studied maps of old wrecks off the coast and several of the older treasure bearing ships lie off that portion of beach. It's a shame. What I wouldn't give to scuba dive (if I knew how and my ears could take the pressure) along that part of the coast.

I read in an old article about Mel Fisher, that experts believe that there is like 10 Billion dollars worth of treasure still to be found in the ocean.

That would be like finding hundreds more of the 'Atocha' all over again!!!

 

[Fletch88]

I read in an old article about Mel Fisher, that experts believe that there is like 10 Billion dollars worth of treasure still to be found in the ocean. That would be like finding hundreds more of the 'Atocha' all over again!!!

That's not much spread out over 139 million square miles though Tejaas! It's like a needle in a hay stack.

 

[Tejaas]

Maybe I should have been an archeologist instead of a Deputy Sheriff. Oh looking back at the wasted school days and not going to college.

Haha, I'm fresh out of a 10 year stint in the Army as of this past November.

I never once regretted NOT going to college... I am not a fan of classroom environments in the slightest... However I am a huge "technical certificate" addict.

The Montgomery GI bill paid for 100% of my Gunsmithing school, HVAC certifications, FCC endorsements and also my FAA Airframe & Powerplant license...

And now that I am a free man (civilian)... I am considering going thru a bachelors program for archeology.

I live extremely close to the Gault site, and summer internships would be a guarantee... Which really kinda sweetens the whole idea.

It's funny how time changes even the most stubborn of minds!

But damn, the very thought of college level math makes me nervous!

 

[Metal.detective]

You know the great thing I've learned about this hobby...it's a dreamers hobby. Everyone of us would live to dig down and hit that gold coin stash. I'd like to hit the mother lode in my prospecting hobby. I just like the fact that I can dream about being rich one day and saying yep...I found that. Tejaas most of that is probably off the NC coast lol. You never what may be in that hole you dig.

 

[Tejaas]

That's not much spread out over 139 million square miles though Tejaas! It's like a needle in a hay stack.

Haha well then I suppose we ought to team up and start looking. You go south and I'll go east, we can meet in Key West!!!

 

[Metal.detective]

Any math makes me nervous lol.

 

[Metal.detective]

Sounds like a plan to me. What state you in Tejaas?

 

[Old Bookaroo]

A thought about the high tide/low tide law. I believe that is different in different states.

Here in California, beaches are public. Anyone can use them. Access is the issue - private land owners don't have to let the public use their land for beach access.

In states such as Massachusetts, there are private beaches. Beaches that belong to individuals and beaches that belong to towns.

Good luck to all,

~ The Old Bookaroo