An agreement filed Wednesday maintains off-road vehicle access in Cape Hatteras National Seashore while providing protection for vulnerable shorebirds and turtles, apparently sidestepping beach drivers' worst fears of closing beaches.
Pounded out after two weeks of negotiations, the agreement was completed after the Cape Hatteras Access Preservation Alliance and the commissioners of Dare and Hyde counties voted to approve it.
"This agreement should lay to rest any concerns that wildlife can't coexist with beach driving at Cape Hatteras," Jason Rylander, staff attorney with plaintiff Defenders of Wildlife, said in a statement.
"While this proposed consent decree still requires approval from the court, the partnership that put this deal together has demonstrated that we can protect our wildlife heritage while ensuring that traditions like beach driving, fishing and surfing will continue along eth seashore."
The biggest change from current rules is that night driving will be restricted from May 1 to Nov. 15 at potential turtle nesting areas and allowed only by permit at other times. The agreement will also significantly increase the buffer zone for unfledged piping plovers.
If approved by a federal judge, the consent decree will settle the lawsuit filed in October by Defenders of Wildlife and the National Audubon society against the National Park Service.
The claim contended that an interim ORV management plan in place at Cap Hatteras was inadequate and put threatened and endangered species at risk. The environmental groups filed a request for a preliminary injunction in January to stop beach driving at Bodie Island Spit, Cape Point, South Beach, Hatteras Spit, and north and south points of Ocracoke.
U.S. District Judge Terrence Boyle in December allowed the counties and the beach driving alliance to join the Park Service as defendant-interveners.
Terms of the 23-page agreement include establishment of pre-nesting areas at the six locations and setting up varying buffers for breeding and nesting and for unfledged chicks. It also calls for creation of an "ORV free zone" on the ocean backshore from March 15 to Nov. 30. There is a requirement to issue public notices of proposed pre-nesting-related closures and reports about protected species activities. It requires automatic expansions of buffers and pre-nesting areas by 164 feet with the first violation, by an additional 328 feet with a second violation and by an additional 1,640 feet or more with a third violation.
A violation would be considered a deliberate act that disturbs or harasses wildlife.
The agreement also says: "A final ORV management plan must be completed by the Park Service by Dec. 31, 2010.
A 24-hour telephone line must be set up so that people can report illegal activities and unsafe conditions.
The Park Service is obligated to pay reasonable attorney fees for the environmental groups' lawyers.
Source: By Katherine Kozak Virginian-Pilot 04.17.08
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