Outer Banks park plan will bar vehicles in popular spots

Except for a few shivering fishermen, this stretch of beach is mostly deserted as Jim Keene cruises along the sandy expanse in his Chevrolet pickup.

From behind the steering wheel, he points nostalgically to a shallow pool in the shadows of Bonner Bridge. His children used to splash and play here, Keene says.

"I want to take my grandchildren where I took my children," he said sadly. "And I can't."

Bait Pond - as the coastal inlet has come to be known by the many families that have gathered here on Bodie Island Spit for decades - will be virtually inaccessible when the National Park Service implements major changes to its management policy next year.

Last week, the park service issued a decision that will, for the first time, permanently prohibit vehicle access to 26 miles of the 67-mile Cape Hatteras National Seashore, including some of the most popular spots. About 28 miles will be open to vehicles year-round, and another 13 miles will be open seasonally - usually Nov. 1 to March 31.

Intended to address a long standing conflict between resource conservation and recreation, the new off-road vehicle management plan is a major victory for the interests of environmental groups, whose lawsuit against the park service compelled the plan's development.

Park officials say the new plan will accomplish two main goals: protecting endangered shorebirds and sea turtles from the threats posed by off-road vehicles, and giving the park's more than 2 million yearly visitors the chance to enjoy parts of the seashore without the presence of vehicles.

The extent of those protective restrictions, however, has many Hatteras and Ocracoke islanders worried about the loss of rooted traditions and, ultimately, tourism dollars. The economy of the seashore's eight bordering villages is largely based on tourism, and surf fishermen account for a big chunk of those dollars.

The environmental groups that sued the park are also unhappy, but for an entirely different reason. In a joint statement, the Defenders of Wildlife, the Southern Environmental Law Center and the National Audubon Society said the park's plan "falls short" of measures needed to protect wildlife recommended by scientists.

"We certainly didn't get everything we wanted from this plan," said Jason Rylander, an attorney for Defenders of Wildlife.

The groups had advocated for closing 40 miles of the beach to vehicles.

"There are so few undeveloped places left on the East Coast that additional pressure is put on national seashores and other undeveloped areas for habitat for nesting shorebirds and turtles," Rylander said. The park service has an obligation to protect its resources for future generations, he said.

On another cold December day, about 40 miles south of Keene's favorite spot on Bodie Island Spit, John Couch cruised the length of Cape Point - regarded by anglers as one of the best surf-fishing spots on the East Coast.

"This is where everybody wants to be," he said casually from the driver's seat of his 1999 Suburban, parked comfortably in the sand of North Carolina's easternmost tip.

Couch is the president of the Outer Banks Preservation Association, a pro-access citizens group that has been at the center of the off-road-vehicle struggle since President Richard Nixon first ordered national seashores to develop management plans. Until now, Cape Hatteras National Seashore hadn't complied with that order, which was the legal basis for the 2007 lawsuit.

"How are we harming this?" Couch asked as he drove a length of beach that will be off limits to vehicles next year. "Somebody wants me not to be here because they have a different ideology. Somebody wants to prevent my grandkids from coming out here."

It's hard not to take that personally, he said.

To be clear, the National Park Service is not planning to close Cape Point to beach driving. In fact, the park has designated much of the Point as a year-round vehicle route. Ramps 43 and 44, which provide vehicle access to Cape Point, have also been given year-round status.

"We heard loud and clear from fishermen that they want as much motorized access as possible to these locations," park Superintendent Mike Murray said.

However, for all practical purposes, access to Cape Point and other popular spots is not guaranteed. That's because the place "where everybody wants to be" is also one of the premiere nesting spots for endangered shorebirds and sea turtles.

Arguing the case for resource closures, the environmental groups have pointed out that 2010 was a record-breaking year for the numbers of endangered turtles and shorebirds at the seashore, a fact they attribute to court-mandated off-road-vehicle restrictions enforced since 2008. The restrictions, they say, are helping the species.

Under the new plan, the park reserves the right to close any section of beach to protect natural resources. Large buffers - 1,000 meters, or about the size of 10 football fields, in the case of piping plovers - will protect nesting shorebirds. With a limited number of ramps for vehicles, a single closure could easily shut down an entire area, like Cape Point.

With the main attractions potentially cut off, Hatteras and Ocracoke islanders are worried the fishermen will stop coming.

"I don't make any money off people with binoculars," said Couch, also the owner of a Buxton convenience store and tackle shop.

In many ways, the hands of the park service are tied by case law, Murray said.

"When there's a conflict between conservation of resources and visitor use, conservation is to be predominant," Murray said. "In plain English, that means if there's a conflict between protecting shorebird nesting areas and allowing access, we're supposed to err on the side of protection."

There's an important point to be made here: On the Cape Hatteras National Seashore, if you can't drive to certain areas, you essentially cannot get there.

Bodie Island Spit is one of those places, especially the southern tip where the Bait Pond is located. Vehicles will be prohibited there from March 15 through September 14. Pedestrians could walk it, but it's a heck of a hike from the nearest parking lot at the Oregon Inlet Marina - too far for families with young children or the elderly, said Keene, a former president of the North Carolina Beach Buggy Association.

"People are being denied access to some of the greatest places on this beach," he said. "What good is it to have a park if you don't have access?"

Also under the new plan, vehicles will be prohibited on the beach during turtle nesting season - usually May 1 through November 15 - between the hours of 9 p.m. and 7 a.m. Drivers will also need to obtain an annual or seven-day permit, the cost of which has not yet been determined.

There are plans to construct new pedestrian trails and vehicle ramps, relocate several vehicle ramps and expand parking in 12 areas. Those projects depend on the availability of funds.

The park will review its management policy every five years.

In early January, the park is expected to propose a more specific policy detailing how the new rules will be enforced. That will be followed by a 60-day public comment period. Implementation is targeted for September.

While he understands the worry, park Supt. Murray urged islanders to focus on marketing the positive assets of the seashore. He said the National Park Service worked hard to develop a "defendable" policy.

"I know this is a painful transition for some," Murray said. "For others, it's a hopeful transition."

National Park Services map plan for vehicles

Erin James, (252) 441-1711 erin.james@pilotonline.com