A flurry of last-minute filings were submitted to a federal court Thursday and added a wrinkle to a much-discussed hearing that could determine the fate of beach driving in Cape Hatteras National Seashore.
U.S. District Judge Terrence Boyle is scheduled to consider a request this afternoon in Raleigh to issue a preliminary injunction against off-road vehicle use at prime fishing spots in the seashore.
But the plaintiffs, Defenders of Wildlife and the National Audubon Society, and the federal defendants, the National Park Service, filed motions Wednesday asking that the hearing be continued for a week to allow more time to reach a settlement.
The intervenor defendants, Hyde and Dare counties and the Cape Hatteras Access Preservation Alliance, objected, saying the proposed order would agree to terms of which they would not be aware.
The environmental groups, represented by the Southern Environmental Law Center, filed the motion for the injunction on Feb. 20. They argue that the Park Service's interim ORV management plan for the seashore would not provide enough protection for nesting shorebirds. They are asking the judge to immediately close Bodie Island Spit, Cape Point, South Beach, Hatteras Inlet Spit, and the north and south points of Ocracoke.
In addition, they want the areas to stay closed until a long-term ORV management plan is in place, or until a lawsuit they filed in October is settled. The suit was filed against the National Park Service claiming beach driving is improperly regulated by the service.
Since then, proponents of ORV driving in the seashore have been gathering support from beach users.
In recent weeks, two rallies held at Cape Point attracted hundreds of ORV drivers from all over the East Coast. Informational meetings held in Buxton last week and in Kill Devil Hills on Wednesday night had hundreds of attendees.
The beach drivers say the proposed closures would unfairly take away the best fishing areas in the seashore because they are inaccessible without ORVs. As a result, they contend, the economy would take a hit.
"If these closures come in, we're going to have some hard times here," John Couch, president of the Outer Banks Preservation Association, a pro-beach driving group, said at the meeting Wednesday. "I will tell you, in my opinion, it's going to be bad. But it might have to get dark before it gets better."
Speakers at the meeting vowed to keep fighting the environmental groups, no matter the outcome of the hearing.
"We're well aware of the reactions from some of the people who live in that area," said Derb Carter, senior attorney with the Southern Environmental Law Center, in a phone interview. "We also have heard from a lot of supporters, which has been encouraging."
Carter said the environmental groups never have sought to ban ORV use in the seashore; they want to limit ORV disturbances where vulnerable bird populations nest, he said. He also said a study by the federal government shows that most visitors to the seashore do not drive on the beach.
In conflicts between conservation and recreation, Carter said the law favors conservation of the resource. But he was unwilling to predict how the judge will rule.
"If we're wrong," he said, "we won't prevail."
Catherine Kozak, (252) 441-1711, cate.kozak@pilotonline.com
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Keep Cape Hatteras Beaches accessible to all, including ORVs
As owners of two rental properties on Cape Hatteras, my wife and I deplore the misguided attempt to restrict access to the most popular Outer Banks beaches. At risk are the islands' economy and traditions. As annual Cape Hatteras visitors since the mid-1970s, this affects us spiritually, emotionally, and financially.
We've cancelled our Audubon and Defenders memberships and told them why, signed petitions, and requested congressional intervention if needed. I ask anyone with an interest in Cape Hatteras to do the same.
Rude and illegal driving, littering or other anti-environmental behavior are wrong on or off the beach, but unwarranted beach closing is not the remedy for the issues it claims to resolve. We hope reason triumphs in the upcoming negotiations.
I hear you Pappy62
I completely understand the difference between a right and a privilege. That's the exact reason I chose the appropriate word in my last post. It has been my "right" for the last 38 years of my life to have the "privilege" of driving on the beaches in the Outer Banks. :o)
OUR Beaches
According to the original written documents from the 70's, we do have the right to drive on the beaches within Cape Hatteras National Seashore RECREATION area.
But the "Park Service Suits" in DC, did NOT do their job and file a final document with the "protocol" of rules for accessing the beaches. The government screwed up, and are going to force the Tax Payers who give their money to run this RECREATION area, to suffer the consequences.
These radical wildlife groups spew forth nothing but lies about the plight of the wildlife within this RECREATIONAL park. They claim visitors are killing these animals and birds. There have been over a dozen accidental deaths of the birds in question over countless years. All but 3 of these deaths were caused by the Government themselves. They also claim Man's disturbances on the beach, are keeping the birds from mating, and raising young. Because of this, they are striving to close ALL ACCESS, whether by vehicle or by foot.
I understand the difference between a right and a privilege and
since God alone created the beaches I consider it a right to drive there! Roads are man made so in man's desire to control other men, let him legislate the roads to the hilt. Man needs to stay away from what he did not create.
are u serious?
dude... are u serious pappy person? i dont mean to sound mean but i am a student at the high school thats on cape hatteras... money wise in the US is kinda low if u cant see and down here its hard to live as is with like trailer homes being like 132,000 dollars on like half an acre of land... without the tourists from the beaches, we'd be basically screwed down here. like seriously. whos more important.. the birds or man? defintly man unless ur a nature freak but still. this is a serious problem. i am pleading any of you who read this... help us! go to savehatteras.com u dont understand how much these beaches mean to us... what if some one came to were u lived and said o you cant do that anymore and that thing was wat brought in most of ur money and what u had done for hundreds of years? well thats what we are basically dealing with...thankk u for takin time to read this.
check out....savehatteras.com
OBXerINVA, I understand
OBXerINVA, I understand your strong feelings on the subject, but do you understand the difference between a 'right' and a 'privilege'?
This is just surreal
I cannot even believe what may be happening today. I never thought I would live to see the day that our ORV driving rights would be taken away in the Outer Banks. It's just too much! We've shared those beaches with the local wildlife for decades, I only hope that we can continue to do so. In my family alone, 3 generations have called the Outer Banks our home away from home. For me, nothing else compares to driving on those beautiful beaches, it's where I am the happiest. Realizing that I may be having that taken away....there just really aren't any words.