Final section in a three part series, continued from yesterday's "Beach Driving Update - Part 2" - That one should be interesting and the first item on the agenda will probably be whether the negotiated rulemaking process can survive this latest court action by the environmental groups. “It's interesting that groups committed to negotiated rulemaking have filed a suit to circumvent that process,” says Dare County attorney Bobby Outten.
“How are they going to be motivated to accept anything less than they have asked for (in the request for a preliminary injunction)? They will be in the driver's seat if this (the injunction) happens.”
What will happen in Judge Boyle's courtroom on March 18 is anyone's guess right now. However, Boyle is the judge who issued a ruling in a case involving a violation on the beach last summer that ORV use on seashore beaches is illegal, since the Park Service has no plan in place to regulate beach driving.
It's interesting to note that the March 18 hearing is on the same day as the first day of the March negotiated rulemaking committee meeting. Two of the lawyers involved in the request for the injunction – Derb Carter of SELC and Jason Rylander of Defenders of Wildlife – are members of the committee.
And there may no longer be a negotiated rulemaking committee by mid-March, so neither attorney would have a conflict.
Closing the most popular areas of the beach next month is not a good solution.
The remaining beach would be under incredible pressure to accommodate ORVs, especially in the summer months. Even though some folks might not come if the areas are closed, those who do come will be squeezed into a much smaller area.
The environmental groups have said that pedestrians will be allowed in the restricted areas, but where will they park to get there? The seashore does not have enough beach access parking areas to accommodate the summer crowds.
National Park Service budgets have failed to keep pace with increasing numbers of visitors at this and other parks. There's not enough money for infrastructure, so it's unlikely any more beach accesses will be built any time in the near future. And budget constraints have also put pressure on the park's law enforcement personnel. There aren't enough of them to patrol the beaches, and more will be needed if larger areas are restricted.
Fewer miles of shoreline open to ORVs will have an impact on the island's economy. Some business owners think it will be catastrophic. The USFWS report says not. It is true that if visitors don't come here because they can't drive on the beach, where will they go to drive on the beach? There are not many choices any more.
Driving on the beach is part of the allure of Hatteras and Ocracoke for visitors. It allows access that would not be possible without ORVs for fishermen and their gear and others, including handicapped folks, who want to enjoy the beach.
Furthermore, beach driving is a tradition on the island, dating back to the days before there was a paved road and the beach was the way to travel to ferries off the island and to other villages.
Islanders and regular visitors understand that there is increasing pressure on the seashore beaches as visitation grows and as more visitors come here in the ORVs. There will have to be some more restrictions on beach access, perhaps even a permit system for driving on the beach.
However, not being able to drive to Cape Point or South Point on Ocracoke at any time to fish, watch the clashing waves on the shoals, or look for birds or shells in unimaginable for any of us who live and visit the islands – and even more so for those island natives who have enjoyed beach access all of their lives.
Negotiated rulemaking needs to continue.
The environmental groups draw a distinction between their opposition to the interim plan and their ability to negotiate in good faith for a long-term plan.
That view of the issue won't work. The environmentalists are already distrusted by other groups on the negotiating committee. This request for an injunction will only add to that distrust.
U.S. Rep. Walter Jones, R-N.C., said it well in a press release last Friday, Feb. 22.
“I urge these groups to rethink their decision,” he said, “to withdraw their motion for a preliminary injunction, and to return to the negotiating table. Superintendent (Mike) Murray has laid out a process to resolve this issue. It will take time, and not everyone will be 100 percent happy with the result, but it's far better than managing the Seashore through the judicial system.”
Irene Nolan, Island Free Press
| 
