WASHINGTON
A Dare County official urged a Senate subcommittee Wednesday to pass legislation setting aside a legal agreement on beach driving in Cape Hatteras National Seashore that he says has limited public access and hurt tourism and the Outer Banks heritage.
Warren Judge, chairman of Dare County Board of Commissioners, testified that the beaches would have been closed entirely to off-road vehicles for three years if the county had not agreed to a consent decree at a federal court hearing on April 4.
"We signed it under great duress," Judge told the Senate Energy and Natural Resources Subcommittee on National Parks. "We were not happy with it. It was the lesser of two evils."
The proposed bill nullifying the agreement, sponsored by North Carolina Republican Sens. Richard Burr and Elizabeth Dole, would reinstate the National Park Service's interim management strategy for off-road-vehicle driving in the seashore until a negotiating committee has completed the long-term ORV management plan.
"We cannot afford to have our economy battered as it has been since April 4," Judge told the panel.
The consent decree settled a lawsuit filed in October by the Southern Environmental Law Center for the National Audubon Society and the Defenders of Wildlife against the National Park Service. The suit contended that the agency's interim ORV management plan did not provide enough protection for birds and turtles from the impact of beach driving.
Dare and Hyde counties and a coalition of beach driving groups were defendant-intervenors in the lawsuit.
In his testimony to the sub-committee, Derb Carter, an attorney for the environmental center, said that with the agreement in place, shorebird and turtle nests have been increasing, and resource closures that protect nests have affected small sections of the beach.
"There's a lot of beach available for all users," he said.
Carter also said all parties had agreed to the consent decree and recommended that the judge sign it.
The deputy director of the National Park Service, Daniel N. Wenk, told the panel that the consent decree provides protection for the resources while allowing public access to the seashore, and the Department of the Interior does not support the legislation.
"It just shows that there is a total disconnect with what we're seeing on Hatteras Island and what we've seen in Washington, D.C.," Allen Burrus, vice chairman of the Dare County Board of Commissioners, said in a phone interview after the hearing.
Burrus also said storms have a big influence on the survival of birds and turtles, and there have been few storms this summer.
Burr, a ranking member of the Senate subcommittee, said the court-sanctioned agreement is dictating the use of the seashore. Dole said managing the seashore through the courts is "a wrong way to come to resolution on this issue."
"To ensure that a long-term, sustainable solution is reached," Dole said, "public involvement is absolutely critical."
Chris Walker, a spokesman for Burr, said that although he can't speculate on the bill's potential to get out of committee, any action probably would take place in September.
"I think Sens. Burr and Dole are working avenues to find a way to get this passed," he said.
In the meantime, the east side of Cape Point and Hatteras Inlet, two of the seashore's favorite fishing spots, have been reopened to vehicles and pedestrians, after being closed for months.
"It's wonderful," said John Couch, president of the Outer Banks Preservation Association, a group that favors beach driving. "This weekend will be the first time this summer where the community can go out and mingle together."
Catherine Kozak, (252) 441-1711, cate.kozak@pilotonline.com
Delicious
Digg
Reddit
Facebook
Google
Yahoo
violence
the people in Hatteras have recently violently threatened the committee that will negotiate the rules for beach driving. this surely undermines the purpose of there argument, willing to threaten peaceful people that are willing to try to please both sides of the argument. they had to relocate the meeting to the wright brothers memorial for safety reasons. just like the violence that was unleashed this summer with atv's on nesting sites. hate and violence never positively solve anything!!! the beach is over run with selfishness and ignorance. i think some people are more worried about selling or renting overpriced real estate to out of town people, selling this idea that you can drive on the beach. the over priced real estate is what is really killing the economy and locals livelihoods. nothing is really that affordable down there anymore. overpriced wannabe beverly hills is killing the island. go figure?
DEFEND WILDLIFE!!!!!
We do Not need to Drive on sand, trash a National Park and Beaches, and we really need to allow a sense of not trying to rule a place that was fine before we started messing it up by our very presence. It is the presence of humans that is the problem, that is what started it, that is the answer, go away and let nature succeed and let the wildlife win, for once. What's wrong in Defending Wildlife? They need us for we are killing them, and trap them and then charge each other to view them. We buy art of wildlife, but don't care if they are extinct? Humans need a brain, the animals just need there space. Go fly your kite on the sand dunes, do you really need to go to the restricted areas? God help us realize what is really important here.
KILLING WILDLIFE 4 FUN?
Fishing in areas that other wildlife are trying to evolve is not Neccesary. Driving on the sand to have fun is not Neccesary. For our human needs.
I have seen first hand as a resident of the Outer Banks, that the majority of visitors come onto the beaches and leave their trash, glass bottles, disobey ALL posted signs regarding ALL laws. Such simple laws as no glass and no dogs at certain times. These people don't even care about their own pets, to have them on the hot sand during such times that the city disallows, so why would anyone listen to them on their arguement to allow Beach Driving? You know they are not going to care about sea turtles, bird's eggs, etc.
How would you even tell a sea turtle or bird exactly where they're supposse to lay their eggs and nest? At least, At minimum, allow them a place where they can see that there is some peace and give them at least a chance to nest where there is some room without noncaring humans, disobedient visitors, reckless drivers, drinking under age people, all who wouldn't care if a sign was up anyway, so why are such groups who are in favor of all of this senseless driving afraid to put up a sign, when most people are not going to
ORV Driving on Cape Hatteras
I have been following the progress made concerning driving on the beach at the Cape and I have yet to see what negative impact ORVs have conducted to the birds and the turtles. I just read NPS's report of another violation of the "rule" and what impact that had - THE FIRST! I sure would like to see some numbers of their fatalities ORV use has caused and I am quite certain some of my fellow ORV userer would too.
I was a constant user of the beach and contributed somewhat to the economy when I fished "The Point" with my fellow fisherman. I haven't been fishing in NC this year but will be down for the Red Drum run at the Point this fall.