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Shore bird buffers close 3 popular Outer Banks beaches

Posted to: Environment News North Carolina

''We give you an inch and you take the whole darn island,'' said Carol Garris of Kill Devil Hills during a hearing Thursday. (Chris Curry | The Virginian-Pilot)



Sometime before or on Thursday morning, a shorebird called a least tern laid a single egg in Cape Hatteras National Seashore. A National Park Service ranger spotted it at the end of Ramp 45 to Cape Point, a corner of the Outer Banks well known for surf fishing.

Buffers were quickly installed around the nest, making the road behind the dunes inaccessible to off-road-vehicle traffic. Even though much of Cape Point technically remains open, there is no way to get to it anymore.

Thursday's move was one of several closings of shore areas this week to protect birds, leaving beach drivers stunned at how much access has been limited barely a week after an agreement to keep beaches open, with conditions, was signed.

"Right now, they can't close much more than they have," said Libby Zentmyer, who has been fielding calls from livid beach drivers as executive secretary of the Cape Hatteras Anglers Club. "I didn't think it would be like this."

Beach driving is a long tradition on Hatteras and Ocracoke islands, and at one time it was the only way to get around. Now it is a link to fishing and recreation, and the lifestyle and economy largely depend on off-road access to remote beaches.

The agreement between the Park Service and the Defenders of Wildlife and the National Audubon Society was signed April 30 by U.S. District Judge Terrence Boyle. It settled a lawsuit brought by the environmental groups, which argued that an interim management plan was not doing enough to protect vulnerable shorebirds and sea turtles.

It also headed off an injunction that would have immediately banned driving on the beach. But it included strict wording on providing buffer zones for nesting birds and turtles.

On Monday, three favored off-road beaches and fishing spots - Cape Point in Buxton, South Ocracoke and the Bodie Island Spit at Oregon Inlet - were effectively closed to prepare for expected shorebird breeding. Large buffer zones preclude access by pedestrians and vehicles.

Virginia Luizer of Frisco said it may sound like a half mile or so of beach is closed, but the closed areas are blocking access to areas of open beach.

When seasonal closures are added May 15, Luizer said, very little will be accessible.

"The biggest impact will be this summer," she said. "I'm expecting worse than 2005, when every ramp was a glorified parking lot."

Carol Dillon, owner of the Outer Banks Motel in Buxton, said about five weekly reservations have already been cancel ed. Dillon, 79, said she remembers when the Park Service promised the beaches would remain open and free.

"We're all going bankrupt," she said. "It's a sad day when our government can't keep a promise. "

Closing beaches would hurt the tourist-dependent economy more than a report cited by the environmental groups in their earlier request for an injunction, said a response filed by Dare and Hyde counties and a beach driving coalition, which had joined the suit as "defendant-interveners."

Dare County predicted that if access just to the popular area around Oregon Inlet - Bodie Island Spit - were closed, $8 million in annual state, county and local tax revenue would be lost, the court document said.

It said one real estate company contended it would lose $2.2 million annually with an off-road vehicle ban.

At a meeting Thursday of a rule-making committee charged with negotiating a long-term management plan, Jason Rylander, an attorney with Defenders of Wildlife, said the buffers will change depending on the extent and location of nests.

"What we tried to do is ensure that nesting birds and sea turtles would have a chance at the time when they need it most," he said. "We anticipate that they will be lifted to provide traditional ORV access as birds fledge and turtles hatch."

But resentment toward the environmental groups was undeniable during a public portion of the meeting. Attorneys for the plaintiffs are members of the committee.

Carol Garris, owner of Fishin Fever Bait & Tackle in Kill Devil Hills, objected to the settlement provision that required the Park Service to pay the plaintiff's legal fees.

"I'm paying for you to screw up my job. I want my money back," she said. "We tried to work with you, but we give you an inch and you take the whole darn island."

John Newbold, with TW's Bait & Tackle, said business is down 31 percent so far this year. When he directed a question to Neal Moore, a committee member representing the Cape Hatteras Bird Club, Moore shot back: "Keep talking, sir. There's nothing I enjoy more than being bored to tears."

In an interview later, Moore apologized, saying he was frustrated and had lost his cool. "I've listened to a lot of informed people in their statements, and a lot of them are mis-, ill-, and un-."

Rob Alderman, an advocate of beach driving, said he was "thoroughly shocked" at what has transpired since the decree was approved.

Alderman said it is still unclear whether people may walk in the water beyond the mean low tide line to bypass the closure on Cape Point without getting ticketed.

"Is this some kind of Stephen King meets Greek tragedy thing?" he said. "This is horrible. I've got no problem going to jail for this."

National Park Service Outer Banks Group Superintendent Mike Murray said all parties were familiar with the specifics of the closures.

"Compared to the interim strategy, when we at least had access corridors, the consent decree buffers are larger and non-discretionary," he said. "So they're typically resulting in full beach closures."

But both plans involve "a bit of a crapshoot" because no one knows just where the birds will decide to nest.

Murray said the closures may continue to increase with the nesting season, but in mid-summer, they will tend to decrease. The Park Service plans to permit access to beaches by nonmotorized vessels outside of resource closure areas, he said.

Mike Cehrs, a Virginia Beach resident who has come to Hatteras Island for 30 years, said he is canceling his vacation this year because he won't be able to drive to the fishing spots he loves.

"It breaks my heart," he said in a phone interview. "What am I going to do - rent a cottage and sit in the cottage for a week? There's nothing else to do."

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



Calm down, both of you

Hey moondawg, my real name is Alf Landon. My parents named my after an alien puppet. (long story) We should get together at Club Ambush sometime and discuss the futility of posting your "real name" on the Web.

And speaking of futility, golly airdragon or whatever, you seem so frustrated. Perhaps if you understood the Constitution better you wouldn't be so disturbed (or disturbing). Take a pill.

I know a high school diploma doesn't go as far as it use to, but check out the very first amendment and have somebody explain the part about your right "to petition the government for a redress of grievances." It's only one of the applicable passages.

Trust me. Not everything you disagree with is unconstitutional and a threat to the republic.

AAAARRRRRGGGGHHHHH!!!!!

Are you people blind or just stupid. If you are not outraged by what is happening on public land, your land, my land, then you are not paying attention. Can you not grasp the concept of what we are saying? Do you understand what is wrong when a small group of people can get away with telling the government how to manage your land? Hello? Do you understand that it is against the constitution for a judge to legislate from the bench. These are the basic concepts that our great country was built on. Am I getting throught to anyone? We are talking about the destruction of a way of life, of generations of tradition and heritage here. We are talking about people having their lively hoods ripped out from under them. All because a small group of well financed, misguided people think the government isn't doing its job well enough. Please, please, please, get informed. Please take the time to find out what is really going on. Making broad negative statements about people and things you know nothing about doesn't help. Thank you

To Mark Twine

Moondawg is what some of my surf buddies call me. My name is Bob Langston.

Beach Access

From reading some the comments here, it's painfully obvious that the people against beach access have never experienced it first hand.

Imagine this, casually cruising down the beach with the wind blowing in your hair, the smell of the ocean in the air, the seagulls and pelicans flying all around you. People that you've never met before wave as you pass by, something that just doesn't happen often enough any more. Then you find the perfect spot at the shore, pull out your chair and poles and set it up right at the shoreline, then you just let the island take over from there. I could go on and on about how much I love this place, but I won't.

There aren't many places left in this country that can be characterised as paradise, and I don't want to lose this one.

And that's just the point of view of a yearly visitor, do you even realize the impact this is going to have on the local economy? These are good, hard working people, and they don't deserve this!!!

elite

the driving groups are the one's who are acting like they are above and elite, bottom line is the world needs repair and if there is something wrong with nature, there is something wrong with you, it's all connected plain and simple, conservation means improved wildlife recreation for all!!! we should have been fighting the new drainage system in k.d.h. and nags head, we just increased our toxic intake with the fish we love to catch and eat

tonight's special: mercury p.c.b marinated, red drum
for only $19.95

Typical uneducated response

Geezer:
The protected bird habitat that you want to enjoy is closed to all access, not just ORV's. Step inside of one of those closures and you are looking at months in jail as well as thousands of dollars in fines.
Your argument about the beaches being controlled by ORV's makes as much sense as the junk science and lies the enviros are using to take the beaches away from the tax payers. There are many miles of beach that are closed year round to ORV's as well as all villages having seasonal ORV's closures.

Mising the Point

The biggest travesty in this whole mess is what most people are not getting. This is very important, so please pay attention. A federal judge and a private special interest group are making law on public land. Think about that fact for just a minute. Scary isnt it. A small, well financed group of people telling the government what to do, w/ help from a federal judge. Judges are supposed to interpret the law, its the legislators job to make laws. Please think about it.

What a card!

You post anonymously as "Moondawg" in this sewer and you're questioning other people's guts?

Do you have the guts?

For all of the people who have voiced their opinions in favor of keeping the beaches closed, I suggest that you see if you have the guts to take a drive down to Hatteras and state your views before the fishermen, tackle shop and campground owners. Nah, I don't think you will. So much safer to express your pro bird / anti people views behind your computer screens. If you went down there and saw the devastated and sorrowful faces of these hard working Carolina folks that are about to lose everything at the whim of some out of state out of culture (crazy as a)loon huggers, maybe you might get the idea. But then again, maybe not, cuz It's a "Folks that are born and raised in the southern coastal fishing environment thing, you wouldn't understand."

Amazes me

It is amazing to me how someone who does not live on Hatteras Island, and has no concept of what beach access means to the community, and to business owners can weigh in with there ridiculous opinions. Please If you don't know what your talking about restrain yourself from leaving uneducated comments. The decision made about beach driving will make or break some business owners on Hatteras Island. We are talking about people's lively hood. It isn't just about going to the beach for an afternoon of fun.

BRH1

You are right on about how impractical it is to walk to these spots when there is no bird closure.

Only one problem. Even if you could handle the walk today, you can't do it. The areas are not accessible to pedestrians across the sand as well. Unless of course you are willing/able to wade waist deep in the surf about a quarter mile down the beach past the bird closures, with all your stuff. Only other option is by boat/kayak, if you happen to have one.

I keep making the point about pedestrians because it seems many think this is only about driving on the beach.

Let the compromise work

For years I've been staying away from Cape Hatteras because the ORVs controlled the beaches. This compromise makes it more attractive to me and many other people who would love to enjoy the beaches without vehicles. The settlement says we can have protected bird habitat and beaches for people, and still designate places where beach driving is appropriate. Let's give it a chance.

Ignorance

It amazes me how many people have no clue as to what this means to many folk. I see some people say here "what do they need to dive for anyways?". Well... ah.. this ain't Myrtle Beach! You can't simply walk off a boardwalk and there's the water. No. This is a wilderness which requires a 2 to 3 mile treck through soft sand. Try carrying fishing gear, or for you non sporting types- try carrying your beach towels, cooler, chairs, canopy/umbrella, first aid kit, boogieboard/surfboard, kite, small children, elderly adults, porta potty (no bath houses), and other numerous beach items 2 miles or more. Obviously many of the people who want the beaches closed never have even been there. What do they just want to rain on our parades? If so well you have been successful ).(

Beach Access

I don't think people realize that this is a beach access issue, not an ORV access issue. I've been vacationing on the OBX since I was a child, and I've been taking my children on vacation there for the last 8 years. We spend every day down at Cape Point. Hanging out, relaxing, fishing (a little)playing in the tidal pools, and every year we meet the nicest people. Some are locals, some from all over the country. I've never had an issue with anyone while there, period! I've also never seen anyone do anything to hamper or harm nesting shore birds. My family and I make sure we remove all of our trash, and any other trash that we find. We do that every where we go, not just at the beach. Its a shame that we will not vacation on the OBX any more. I informed my children of what is going on with beach access, and they agree, if we can't drive on the beach, then sadly we will spend our vacation money somewhere else. I feel sorry for the local businesses. We will miss the OBX! Hopefully something can be done to right this terrible wrong done to taxpayers!

Beach Closure

Just as in Alaska wildlife reserves (OIL), if I have to chose between us and the wildlife....I CHOOSE US!

This is good

Its about time we put nature before all this non-sense on the beach. They should eliminate all cars on the beaches everywhere and make people walk for this reward of nature. I find it disgusting to see cars and cigarette buts on the beach. Moreover, looking at the obesitity statistics in the area, a litte walking won't hurt. And for most people in the world, walking a few miles is quite normal. I find it relaxing and half the fun of the trip....These birds and other species will recover and bring back some bio-diversity.

To Annne and others just like her

When was the last time, if ever, that you journeyed to the point at Buxton? You never have....I know it and you know it. These beaches are actually in much better condition than the public beaches where the folks can park their cars and walk 100 yards to the waters edge. Mind you, there are plenty of trash cans at those beaches but it means nothing to most of the locals and tourists alike. Most trash I've seen on the shore in Hatteras was washed up by ocean currents. I cannot remember seeing someone throw trash down out there. Many people, including me, carry trash bags to bring our debris out. Not only trash, we also remove fish remains in accordance with local regulations. We are not a bunch of whining selfish rednecks. We come from all walks of life. We have one thing in common. We enjoy the beach, family, friends, and fishing. We are not out to destroy wildlife or these natural resources. I'd bet dollars to dimes that most naysayers here rarely venture out of their backyards. You have no valid point to make because you have no measurable point of reference.

The beach driving closures

I love the piping plovers SO much. They taste like chicken.

Rights and freedoms

Although I think the extensive closings of the beach to walkers is unnecessary, since when does it become our RIGHT to destroy areas of land simply because it's owned by the parks and recs services? With ownership comes responsibility. If we, as the public, own it, then it is our responsibility to help protect and preserve the areas we enjoy. Extinction worries (or lack thereof) aside, if there is concern about the survival of a species, and the remedy is to close off the area to ensure survival, then we as proprietors of the land should respect that. Also, in all honesty, with the way many local citizens pollute the beaches, I say close them off until it forces the off-roading 4x4s to go elsewhere. Every time I go to the beach I am saddened to see how much trash washes up. True, it could come from anywhere, but when I see locals leaving trash on the beach, I feel that we have no one to blame but ourselves if the beaches are closed due to our own negligence. Don't like it? The clean it up, protect and preserve it.

Same thing in WI with wolves

They let wolves back into the state, collared em, tagged em, etc etc. So far One tracking collar turned up under 12 feet of a frozen lake, one was in a porta potty, and one in a wallyworld trash dumpster. Some people take the issue into their own hands, I bet they do it here too.

sanusvoxvocis

You state "An overwhelming majority of people support the closing." Please share with us the source of your citation. Show us the data to support that statement. Until you can, I'm with the folks that believe that the National Seashore is the property of and for the use of the PEOPLE who support it with funding derived from Federal taxes. I haven't driven on the beach there in 10 years, but I'd like to know that I could if I so desired. I'm for protecting the wildlife as much as the average joe, but this has gotten ridiculous.

The Rights of All (not just for 4x4 Extremists)

Frankly, I would much rather have the birds than a small group of "my-4x4-or-the-world-will-come-to-an-end" extremists who whine about their "right" to rip through these NATURAL areas. It is a shame that these few extremists see fit to disregard the rights of millions who simply appreciate and value these beaches for what they are: natural areas.

The beaches are closed. The beaches should be closed to motor vehicles. An overwhelming majority of people support the closing.

Sorry drfish

I'd get off my behind, but if you read the article carefully you will see you cannot walk to the three areas either. The pedestrian prohibition also applies to other areas as well. It ain't just about driving, it's about access PERIOD, FULL STOP.

Score one

... for the enviro-Nazis.

What Data was used?

Where is the Data to support all the closings to ORV? Answer there is None.Why is the park service now working for a special intrest group, Is this Recreational Area not Public Lands? it should be managed with the publics best intrests.If ORV driving in this area which has gone on for many years so bad you would think these birds would be extinct.But the truth is they have thrived with ORV use.Lets put the scientific Data and facts on the table not Lies and Halftruths.

Since the Bird lovers want the whole beach let them pay for it

Let's face it the bird lovers won and we as respectful citizens and stewards have lost a fantastic recreation area. Never mind that the most of the protected birds and turtles have found other spots that aren't so exposed to Mother Nature's super high tides. Never mind that thousands of Plovers can be found nesting comfortably on the sound side and the tops of large buildings. Never mind that the park service and others have been killing the natural predators of this endangered species. I gather one specie has more value than another. If the bird lovers want this valuable resource for just one specie, the Bird, then let them pay the National Park service for the land and be done with it. If the bird lovers can't come up with the purchase price then too bad for the birds. I see people complain about woodlands being developed. If you don't want the land developed then buy the land and keep it woodlands. The Park Service is supposed to manage the land for the use of the majority. I don't see the Park Service as a 1 specie manager except in a wildlife refuge. The majority of the OBX is NOT a wildlife refuge and I won't pay to have it be one.

park it

and walk, it's not going to kill you.

Why

I ran out of room in my 1st post.
First though, good question from Skoops88. Why do we need to drive on the beaches? The simple answer is distance. At Cape Point, the pavement ends as much as 2.5 miles from the Point. and that can vary depending on how weather and tides affect the shape of the Point. On Ocracoke the ramp road (hard sand and waterfilled potholes) is almost a mile and then another 2 to 3 miles from there to the south end. Just picture a family w/ 2 or 3 kids trying to haul all their stuff back and forth everyday. Coolers, chairs, blankets,boogie boards, umbrellas, etc, you get the picture. Its the same for fisherman. It would be physically impossible for me to walk all my gear out and back everyday, I would have no time or energy to fish. Waders, raincoats, sevral 10'-13'long fishing rods, bait coolers,food and drink coolers,coolers for the fish I keep so they dont go to waste, tackle boxes, etc, you get the idea. And fishing is not just sitting on my butt, it is not uncommon for me to be in my waders and on my feet w/ a rod in my hand for 12-24 hours at a time.
Thanks for your time

The Three "S"es

Regular folks need to understand that environmentalists don't give a rat's you know what about prohibiting your livelihoods, let alone your recreation. Environmentalists have gone so far over the edge that a person who finds an "endangered species" on his property is a fool not to practice the three "S"es:

1. Shoot
2. Shovel
3. Shut up

one thing's for sure

If gas prices keep rising and reach the $7 to $8 per gallon mark, things like driving on the beach will be the least of our worries.


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