Judge's briefing on settlement over Hatteras beach driving is canceled

The latest wrinkle in the legal action over off-road-vehicle use in North Carolina's Cape Hatteras National Seashore is the unexplained cancellation of a meeting scheduled for Monday.

The court canceled the meeting Saturday and has not rescheduled it.

U.S. District Judge Terrence Boyle had issued an order Friday to the National Park Service to produce up to three people to meet with him behind closed doors in Elizabeth City to explain maps and closure data in a proposed consent decree.

Filed Wednesday, the consent agreement would settle a lawsuit brought by the National Audubon Society and the Defenders of Wildlife against the Park Service. The groups contend an interim beach driving management plan inadequately protects nesting birds and turtles. The Cape Hatteras Access Preservation Alliance and Dare and Hyde counties later joined the action as defendant-intervenors.

The settlement requires the judge's approval.

In an order issued Friday, Boyle asked seven questions about the proposal that he wants answered in writing by this Friday. The judge's inquiry focused on control of ORV access, descriptions of beach ramps, numbers and sizes of vehicles, existence of permits, qualifications and screening of drivers and pedestrian safety.

Mike Murray, superintendent of the Hatteras park, said Monday that the questions were consistent with the judge's handling of the case.

"If one reflects on the hearing, and the issues and concerns he raised," Murray said, "I would say it's not a surprise."

The Park Service, Murray said, is working to make the best use of the seashore's 17 biological technicians responsible for monitoring nesting birds and turtles. Other questions the judge raised, he said, were planned as part of negotiations to create a long-term plan.

"Many of these issues are kind of on the table for discussion for negotiated rule-making," he said.

Catherine Kozak, (252) 441-1711, cate.kozak@pilotonline.com