Two environmental groups asked a federal judge on Wednesday to throw out parts of an interim off-road vehicle management plan in Cape Hatteras National Seashore and replace them with more restrictive measures.
The Southern Environmental Law Center, representing the Defenders of Wildlife and the National Audubon Society, filed a request for a preliminary injunction against beach driving at the most sensitive bird nesting areas on Hatteras and Ocracoke islands.
The parties filed a lawsuit in October contending that the National Park Service had failed to protect vulnerable species in the seashore, but until now there had been no action to try to limit off-road vehicle access to the seashore.
In the past 10 years, the environmental groups said, gull-billed terns and common terns have virtually disappeared from the seashore. Populations of black skimmers, least terns, American oystercatchers and piping plovers have dramatically declined. The use of ORVs harms the species' breeding and nesting habitat, the groups said.
Geoff Gisler, the law center's associate attorney, said if the Park Service had addressed their concerns about the interim plan, an injunction might not have been necessary. But now time is running out.
"The breeding season for most of these species will start in late March," he said "We can't risk any more of these species not coming back to the seashore right now."
The request is asking the judge to restrict ORV access to the portion of the seashore identified by Park Service scientists as the areas most critical to nesting shorebirds: South Ocracoke, Hatteras Spit, North Ocracoke, Cape Point, South Beach and Bodie Island Spit. The groups want the areas to stay closed to all but essential vehicles until the lawsuit is concluded or until the long-term management plan is in effect.
The hope is, Gisler said, that the restrictions would allow the bird species to maintain or improve their population levels.
Pedestrian access to the areas - which represents 12 percent of available shoreline - would not be limited, according to the groups.
Cyndy Holda, a spokeswoman for the park service's Outer Banks Group, said the superintendent had not seen the request and that lawyers would be reviewing it.
Gisler said the parties will confer on Friday with U.S. District Judge Terrence Boyle. A hearing will then be scheduled and defendants will have an opportunity to respond within a certain amount of time.
In addition to the Park Service, defendants include Dare County, Hyde County and the Cape Hatteras Access Preservation Alliance, a coalition of beach driving proponents.
Boyle issued a ruling in July that beach driving in the seashore was prohibited because the seashore lacked ORV regulations.
An interim beach driving management plan is in place, and work is being done to establish a long-term plan.
The second meeting of a team negotiating to develop a plan through consensus is scheduled for next week. Concurrently, the Park Service is working on an environmental impact statement that will be incorporated into the final plan.
"If a judge were to grant an injunction, that in effect would ban ORVs in the most popular spots on the seashore for several years," said Larry Hardham, president of the Cape Hatteras Anglers Club.
Supporters of b each driving said the activity is vital to tourism and fishing and is also a tradition of the islands.
Hardham, who represents the anglers club on the negotiating committee, said it is unrealistic to think that people will be able to carry their beach and fishing gear the distance it takes to get to the beach.
"In practice, it is going to make these places just barren of humanity," he said. "Nobody's going to go there."
Catherine Kozak, (252) 441-1711, cate.kozak@pilotonline.com
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Where is the consistency
Where were these groups when thousands of wildbirds were slaughtered on Pea Island. Would it not make more sense for these enviromental/wildlife protector groups to be a bit more consistant in actions relating to protecting wildlife. Or can we "pick-n-chose" which causes are warrented, can we turn our head when a Federal angency "burns out" the wildlife in a reserve? How many are killed then?
I don't recall any outcry in either of these situations.
A Temporary Sliver of Sand, Ignorant of Litigation
The Hatteras Island National Seashore is only a temporary feature of this Nation's coast. Developers have ruined the entire system down there. Where scrub brush and sand dunes were once located, gaily colored McMansions have sprouted in such close proximity to one another that evacuations can be made by walking from one house's deck to another. One can only hope that Mother Ocean will rise from the depths and restore the true nature of the Banks and those that truly call the sliver of sand their home. The OBX has heritage and history too deep to unroot. Newcomers may not understand. Wildlife does adjust when their environment changes, and the birds' nesting habits will adjust accordingly when faced with change. Dual use of the beach can take place with prior and proper planning. At times, the National Park Service exerts too much control over what is a public asset for all to enjoy in the manner that they choose. But thank the great creator that they own a majority of the area or money-grubbing developers would blanket it all!
ORV's
I beleive that the original deed of the property had a statemnet that access to the beaches would always be permitted. If they ban ORV's then the state/county's sould take te land back and tell the Park Service there service's are no longer needed. Any Judge that rules for the Ban should understand that he is taking away a lifestyle and the people that he is punishing are the one's who work and pay taxes that pay his salary!.
What next?
I guess next they will ask a judge to stop letting the fishermen catch fish, the sunbathers catch sun rays, and the surfers catch waves. I'm an Outer Banks native that still spends about half my time down there. Vehicles have been driving the sands down there since cars had engines. When I was a kid the only way to most places on the island was to drive the beach. You enjoy your bird nesting protection, I enjoy driving the beach with my family in search of that great fishing spot or the perfect sandbar for them to surf on. There is plenty of space designated for the birdies to do thier thing.