An agreement filed Wednesday maintains off-road vehicle access in Cape Hatteras National Seashore while providing protection for vulnerable shorebirds and turtles, apparently sidestepping beach drivers' worst fears of closed beaches.
Pounded out after two weeks of negotiations, the agreement was completed after Dare and Hyde counties and the Cape Hatteras Access Preservation Alliance voted to approve it.
"This agreement should lay to rest any concerns that wildlife can't coexist with beach driving at Cape Hatteras," Jason Rylander, staff attorney with plaintiff Defenders of Wildlife, said in a prepared statement.
"While this proposed consent decree still requires approval from the court, the partnership that put this deal together has demonstrated that we can protect our wildlife heritage while ensuring that traditions like beach driving, fishing and surfing will continue along the seashore."
The biggest change from current rules is that night driving will be restricted from May 1 to Nov. 15 at potential turtle nesting areas. It may be allowed by permit only between Sept. 16 and Nov. 15. The agreement will also significantly increase the buffer zone
for unfledged piping plovers.
If approved by a federal judge, the consent decree will settle a lawsuit filed in October by Defenders of Wildlife and the National Audubon Society against the National Park Service.
The claim contended that an interim ORV management plan in place at Cape Hatteras was inadequate and put threatened and endangered species at risk. The environmental groups filed a request for a preliminary injunction in January to stop beach driving at Bodie Island Spit, Cape Point, South Beach, Hatteras Spit, and north and south points of Ocracoke.
U.S. District Judge Terrence Boyle in December allowed the counties and the beach driving alliance to join the Park Service as defendant-intervenors.
Terms of the 23-page agreement include establishment of pre-nesting areas at the six locations and setting up varying buffers for breeding and nesting and for unfledged chicks. It also calls for creation of an "ORV-free zone" on the ocean backshore from March 15 to Nov. 30. There is a requirement to issue public notices of proposed pre-nesting-related closures and reports about protected species activities. It requires automatic expansions of buffers and pre-nesting areas by 164 feet with the first violation, by an additional 328 feet with a second violation and by an additional 1,640 feet or more with a third violation.
A violation would be considered a deliberate act that disturbs or harasses wildlife.
The agreement also says:
- A final ORV management plan must be completed by the Park Service by Dec. 31, 2010.
- A 24-hour telephone line must be set up so that people can report illegal activities and unsafe conditions.
- The Park Service is obligated to pay reasonable attorney fees for the environmental groups' lawyers.
Catherine Kozak, (252) 441-1711, cate.kozak@pilotonline.com
Delicious
Digg
Reddit
Facebook
Google
Yahoo
Upload Your Video
iTunes Podcast
Video Feeds
Watch The Dot
Gimme a break
Although they are still allowing "Beach driving" I feel like I have lost my best friend!! My family spends alot of time driving on the beach and hanging out at the point in Buxton. Now that has been taken away from us we are devastated!!! I have never, ever seen one single dead bird or turtle on the beach. Thanks alot for ruining vacations for hundreds of thousands of people....not to mention the fishermen whom some depend on this to make a living.
No Night Driving?
Unfortunately during the time of year that it is prohibited, nightime is the best time to be fishing on the point and at the Inlet. I suppose that when you give then a little bit of control it makes it easier in the end to be more restrictive down the road and eventually take it all away.
OBX is a way of life...
All I have to say is that court case has put a damper on my trip down to Hatteras next week. My family and I have been worried if the beaches were going to be closed and had to postpone a lot because of this whole mess. As far as driving on the beace is concerned I thought it has been handled very well for year's. Everyone is considerate of other people and they clean up after themselves. Why fix something that isn't broken?
12 South bound!
Whew. We've been driving on the beach down there for years -- not to mention, camping at the NPS sites, eating at the restaurants, buying food/bait/tackle/gas, renting homes, etc. ORV use does not always equate to drunken stupidness or irresponsibility. We love the beach access, the serenity of the area and the friendliness of everyone on the island. We also respect the environment, watch out for the birds & other animals and keep the beach clean.
What a relief
I've been very worried about the outcome considering that Hatteras is mine and my family's only vacation destination each summer. I realize that we'll have limits to our access, but at least we'll still have access. No more night driving kind of stinks, we had fun doing that too. But as long as we can still drive on the beach during the day, I'll take it.
Mark...you've clearly never been to the Outer Banks. If my family and I want to take OUR vehicle out onto the beach, that's OUR business. It's our favorite form of relaxation. Sounds like you could use a little of that yourself.
I for one am a VERY HAPPY CAMPER right now! See you OBXer's on the beach this summer ;o)
To each his own....
Marks - did you post such a comment for attention? I guess if you have never driven on the beach, you would not understand!
Summer time recreation
Our family has been camping in the outer banks for years if you have not spent any time down there you would not understand the allure. Everyone
that drives on the beach takes all their trash with them when they leave and has always been mindful of the warning signs and off limit areas. I breath a big sigh of relief knowing that we won't have to find another place to camp this summer and that the outer banks will not become a dried up ghost town when all the year round residents are forced to leave due to financial hardship.
Maybe if it was your way of
Maybe if it was your way of life,you would understand.....
I don't tell you how to live your life,so please don't tell me how to live mine.
We live a great life on the OBX,until "other people" try to change it.
In response to DUH
Apparently you have never enjoyed the activity of off road driving on the beach as you would not asked such crazy questions. As for damaging your vehicle, if you pay for it, you have the right to do what ever you choose with it and if you choose to put it in the sand, then that is your right and more power to you. I for one am glad that the agreement has been reached and that driving on the beach has been maintained.
Duh?
For the life of me...I just can't figure out what these people think is so cool about driving their vehicles on the beach...for one, the sand and at times some salt water, does horrible crap to your vehicle and secondly, you risk getting bogged down somewhere. Kind of reminds me of being in the desert and watching the rich Saudis drive their expensive Range Rovers and Land Cruisers up and down sand dunes, at times flipping and causing all kinds of damage...duh?