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
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The main animal the groups
The main animal the groups are fighting for is the piping plover, and they aren't even native to the obx. By the way, they have moved closer to the soundside anyway to get away from high tides. If you don't like cars on the beach, go to a beach further north. It's not just the driving on the beach we care about, we also would love to be able to walk on the beach. this whole beach driving ordeal is making people start to hate the piping plover, and i personally think they would look great on a menu. Making a big deal over the plover is like making a big deal over crows, it's stupid and it gives some idiots in a chair something to do all day.
Beaches
The consent decree that created the buffer zones on the beaches provides no penalties for violating the boundary. No penalties for the vandalism that took place. The NAS, DOW, SELC, designed it that way, on purpose. For driving on the beach between 10PM and 6AM, May 1st thru November 15th, up to 6 months in jail, and up to $5000 fine. See the difference? Janespo, thank you for your considerate comments. We are talking about federal park land, which means that it does belong to you and me, and the wildlife. No one loves the beaches of Cape Hatteras and the wildlife that lives there, more than the people who spend a lot of time there, me included. I do not feel an inherent “right” to drive wherever I want. As long as I can remember there have always been areas that were temporarily or permanently closed to ORV use. We have been sharing the beaches with the wildlife for decades, no problem. Thank You
Defend WildLife Be An American
If it were the fish in need of help, the sport fishermen would understand, but because it is other wildlife in need of defense, only a select few care, like the Defenders of Wildlife. Becasue these few are not concerned about money or sport, they are keeping the main attraction Alive. Tourists/People truely care about LIFE, seeing animals Alive, not dieing or in none exsistance. If you're like the aerial hunters in Alaska who can't even make a clean kill, and masacare Wolves and their families, then you need to go live where their state allows such cruelty. You should be proud to live where our state has enough sense to Not erradicate any animal. Although it's an embarrasment to be a North Carolinian (Va. your wrong too) at such a time as this, where a state votes for a person who shouldn't even be a candidate, in any capacity, who Refuses to Pledge Allegience to Our Flag of the United States of America, One Nation Under GOD,... if you voted or vote for HUSSEIN Obama, no wonder why you're complaining about what's right...you shouldn't even call yourself an American, becasue if you were, you'd be Defending what's right, but just like most Aliens or those who claim to be a U.S.Citize
GREENTURTLEBIRD
What's to say its the pro driving group, as you indicate, that is responsible for the vandalism. They have everything to loose and nothing to gain by it. On the other hand........ Get the picture ?????
The Latest on our rights----Or,what`s left of them.
Mark Twain,
Go here,"http://www.givemeliberty.org/RTPLawsuit/InfoCenter.htm"and get an education on how our so called government works.It dosn`t have much to do with "WE The People".
Jerry
PS. If Ron Paul was President,this would never have happened,period!!!!
I am not writing to say that
I am not writing to say that this act instituted is completely right, because from what I've read it has a lot of flaws, mainly dealing with the local economy.
However, it makes me upset how entitled people feel to the beaches. This is not your land- the animals have rights to it, too. They are creatures with god-given qualities and should not be taken advantage of. So, maybe while the measurements taken are not the best decision, you need to remember to take care of your environment.
If measures are not taken now to take care of Hatteras, your children and your children's children will not be able to enjoy it at all.
Cars are an immense pollutant, and I feel uncomfortable with them being driven, in the first place, though that is a personal conviction. But people do feel entitled to being able to drive where ever they want. Driving should not be part of enjoying the beach, enjoying the natural habitat. How about walking or riding a bike.
The Cape should take measures to provide an alternate to using vehicles on the beach, as I understand that people want to fish and surf. Many beaches and cities have carts and other alternative forms of transportation. I do not know wh
vandals
the vandals are improving the situation, seems there actions have adverse affects, now the zone is even larger and now they have even more reason to shut it all off, anger and destruction seems to be the pro driving parties most intelligent move yet
LOL
Thanks for insulting my intelligence, appreciate it, that helps. It doesn't take an expert in constitutional law to know that what is happening is just plain wrong. Maybe you can explain to my tiny little mind exactly what grievances the audabon society and the DOW are getting redressed by crushing a local economy and destroying a way of life for an entire community. If you are saying that the businesses should go to the government to get their grievances redressed, Good luck, this is a time sensitive issue. A friend of mine in Buxton lost his job "today". For the record, I didn't say anyone was stupid, I only asked if they were. And I apologize if I "disturbed" anyone. Yes, I am frustrated. It just boggles my mind how people can post on this subject with out doing at least some basic research. I'm just trying to wake people up.
Beach Access Free of ORVs?
"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."
There was already protected bird habitat, most of the beach was prohibited in the first place from vehicular acesss, now you can't even walk on the thing yourself because of what these eco-extremists have done. And, they used your money you paid in by way of taxes to keep you from accessing what is public(your) property. Whats worse these eco-freaks are laughing at us crying. Why don't you head down there now? You'll enjoy shopping all day and sighteseeing, you might even get some sun sitting around the pool.
Now many people have cancelled trips and businesses are losing money. Red Drum Tackle has laid people off because of this, many shops may close. I was heading down the weekend of the 16th, and I normally spend $300 a weekend, guess I can save that money I was putting into the Dare County economy. By the way, I'm the fella that used to post on Red Drum's and Red Dog's site under th
I'm with moondawg 100%,
I'm with moondawg 100%, everything you say is right. I want to thank you. And I think Mark Twine needs to stop posting comments, because he doesn't know what he is talking about.
I want to know where Mark
I want to know where Mark Twine is from, cause i'm a local here on the outer banks, and quite frankly, i don't think you understand that closing the beach to everything, not just driving but walking too, basically kills our economy. Our economy is already hurting, but with our access to the beach being denied, it is turning tourists away, our only real source of income now. Unless you live here or are a frequent visitor to the area you wouldn't understand how hard this situation is for us. We've been working to protect the beach and the wildlife here for longer than i can remember, and there have been restrictions at certain times of the year on beach driving. we've worked with the park service, and now a group of tourists with noting better to do tell us that we can't drive on our beach, because of a couple piping plovers, which by the way are not endangered and are not native to this area. We can't even walk on some parts of the beach right now. If someone told you that you can't walk in your back yard don't you think you would be a little upset. it isn't fair, and unless you can relate to this don't tell us what you think.
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."