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Battle Mounts Over Off-Road Vehicles at Cape Hatteras National Seashore

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Southern Environmental Law Center photo.

During busy summer days more than 2,000 vehicles a day can be found cruising the beaches of Cape Hatteras National Seashore, according to the Southern Environmental Law Center. Southern Environmental Law Center photo.

For years folks have used off-road vehicles to negotiate some of the farther reaches of Cape Hatteras National Seashore. And for years the National Park Service failed to develop a management plan for those ORVers. And now it's time to pay the piper.

On April 3 a federal judge will consider a request by Defenders of Wildlife and the National Audubon Society to restrict ORV access to South Ocracoke, Hatteras Spit, North Ocracoke, Cape Point, South Beach and Bodie Island Spit for up to three years because of the presence of piping plovers, which have been considered a "threatened" species under the Endangered Species Act since January 1986.

The lawsuit contends the Park Service has run afoul of the National Park Organic Act, the National Environmental Policy Act, the Migratory Bird Treaty Act, the enabling legislation for the seashore, and the Park Service's own Management Policies by implementing an interim ORV management plan and failing to produce a long-term management plan.

The National Park Service’s Interim Plan and the ORV use it allows are substantially harming – and will continue to harm – important populations of endangered and threatened sea turtle species, threatened, special concern, or significantly rare bird species, and a threatened plant species, as well as other natural resources, serenity, and other recreational uses of the Seashore generally, reads one of the claims.

On Saturday, in a protest against the conservation groups, an estimated 200 ORV supporters showed up in a gale at Cape Point on the seashore to attend a rally.

In Sunday's editions of the Charlotte Observer, meanwhile, outdoors writer Tim Higgins satirized the situation by looking into the future to listen to a conversation between a young boy and his grandfather over why they no longer fish at Cape Point.

What's unfortunate is that the Park Service might have avoided this situation by acting sooner on developing a management plan for ORVs.

Comments

Snowbird,

How DARE you take an oil-dripping machine like a mountain bike into a pristine wilderness! How could you possible cause ruts and erosion like that!?! Could you not have walked instead of riding your environment-damaging machinery?

If you have seen the beach after a hard storm (which you admit you haven't), you would know that the tire tracks are erased by the wind and water. Now go back to where you rode your bike and see if the trail is still there...

You are a hypocrite.

Jeff


Wow, talk about timing, I have to admit that over development along the "left" coast is a problem. The development along the outer beaches of Hatteras Island has remained reasonable over the 25+ years I have visited, locals realize that they have a prize and keep it that way through strict building regulations and restrictions. Nothing like what happened to Ocean City ,MD. I have 2 words for CA. and there coastal development problem: Eminent Domain. Take the market value, subtract the cost of environmental damage caused, offer it to the property owners and say "I'll be back", (with bulldozers). Hasta la vista baby!!!


I admire the passion and concern -- on both sides of the issue -- that's been exhibited in this forum and, to a large extent, been wielded constructively, informatively, and without malice. What's transpiring at Cape Hatteras in many ways is a microcosm of what's transpiring at many parks, seashores, lakeshores and other units of the national park system.

Sadly, not all of those issues have such a concerned citizenry.

Hopefully, the end result at Cape Hatteras can be a model of sorts for how different groups can come together and reach an amiable consensus for how to move forward. Just as the plovers and other shorebirds shouldn't be wiped out, neither should the angling, tourism, or livelihoods that depend on Cape Hatteras.

It seems that developing a sound management plan that provides for this to transpire has been neglected for too long. That it's taken litigation to move that task forward is unfortunate.


Snowbird06
Big EL:
I appreciate the economic in put regarding the Cape and this does shed some light on the complexities of the problem-the local Cape Hatteras economy (as well as it's surrounding wildlife). You do point out some potential political chicanery that might occur to obtain the Cape for future development...defintely a nightmare scenario...and God forbid! This is exactly what I was referring to when I mentioned Redwood Shores development in California. A land filled development that ruined some of the most beautiful inland bay marshes one can enjoy. Now it's a gated community for the well to do. I'm pretty sure the economic base of Cape Hatteras will stay, in which the local community depends on it for it's recreational needs. What I'm basically concerned about is, why hasn't there been a masterplan established along with the EIS. From what I gather here, there is non...just a vague usage plan. It's beyond me why you don't have one. With all those that have reflected there love and devotion for the Cape (on this blog) I would certainly demand vehemently for one and pursue it with earnest. A good comprehensive and holistic long range study the benefits the economy, the visitors and above all, a healthy viable habitat for it's wildlife. Again, thanks Big EL for shedding some light on the economic issues pertaining to Cape Hatteras. Incidentally, my nephew graduated from Duke (with his MBA) some years ago and raved how beautiful Cape Hatteras was at a sunset.
P.S. Jeff, yes I trail bike but I stay on the well established FIRE TRAILS! Have a good weekend fishing.
P.S.S. To all of you: Good luck with the bait and happy fishing!


"Incidentally, my nephew graduated from Duke (with his MBA) some years ago"

Well, there you go. That's the whole problem here.

Just kidding...GO HEELS!!

As far as the concerns about overdevlopment along the coast, you have to remember that the land betweent eh villages on Hatteras Island CANNOT be developed. It will never be developed. So you have the small villages and then you have miles and miles of totally undeveloped seashore between them. Overdevelopment is definitely becoming an issue on the NC beaches that are not part of the National Seashore Recreation Area, but not here.


Snowbird,

This need for a plan has been made very clear to all concerned over the last 4 years. What has everybody inflamed right now is a format for developing a plan is in place and the process is underway. Regulated Negotiation was agreed upon as the format that would be used to arrive at an acceptable plan. All interested parties were given an opportunity to be selected to sit at the table and help formulate a management strategy. Rules for conduct, and an interim strategy for managing the park was put into place by the NPS. This plan includes provisions that where accepted by all parties, enclosures and protections for migratory and endangered species and ORV corridors around the enclosures.

One of the rules of the Regulated Negotiation is that no party involved, shall file suit during the process and all parties will negotiate in good faith to reach a general consensus. Buy filing suit in Federal court, the DOW and associated parties have violated this rule and now put the whole "agreed upon" process in peril.

I'm sure that you are aware that the D.O.W., Audubon Society, Blue water Coalition and others are extremely well funded and therefore can afford a long drawn out and expensive pursuit of their goal. If you don't trust what I'm telling you, do the research. I assure you we have. The goal of these groups is to "completely" remove all human interference with what they perceive as a bird in immediate danger of disappearing forever. They pursue this goal blindly without taking into consideration facts that don't fit their agenda. In order to achieve their goal, in their opinion, some things will need to be sacrificed, namely, access to the beaches of Cape Hatteras National Seashore Recreational Area. In plain language that means, no ORVs, no dogs, and no people will be allowed on the shores, ocean or sound side.

Sounds extreme doesn't it, especially when you consider that there are eight villages and towns established within the park.

We, on the side of free and open access for all Americans, have gone out of our way to compromise with the D.O.W. To accommodate them and their declared need for protection of species determined to be threatened or endangered. However it has become increasingly clear over the years that this debate is not about birds but about access. History has proven that the more we give the more they take and that they will not stop until they have achieved their goal of turning this park into a wildlife preserve closed to all but a few biologists.

The current tactic for this is the lack of a plan for management of the park ordered by President Nixon and not implemented by the NPS. In other words...a loophole.

The environment here has remained stable, plants, animals, people and ORVs have co-existed here since this area was first colonized. There have been changes to be sure, Hurricanes, the establishment of Villages and mild growths in population have occurred. But to this day Cape Hatteras National Seashore Recreational Area remains one of the most pristine and beautiful beaches in the world.

We are a David in a struggle with Goliath. If my dire predictions in a previous post don't come to fruition, what then and to whose benefit will this battle be for. If the Environmentalist groups have their way, the island will become a ghost town, the Bonner Bridge will collapse and the island will revert to just another sandbar in the middle of the ocean.

So ask yourself....Should all enjoyment of one of God's greatest gifts to man be restricted to a few scientist and biologist. Should the residents of Hatteras Island whose families date back to the very establishment of life on the island be told that they have to leave and that they no longer have an ancestral home? Should we, as law abiding, hard working Americans accept that we have no right to enjoy the beauty and wonder of this magical place?

I hope you will join us in our struggle.


I go to the Outer Banks at least 4 times a year. Every year it is the same sight, 100’s of ORV driving recklessly over duns, through nesting grounds which are not marked at all, killing all wildlife in their way…. I even saw one ORV chasing down helpless chicks and killing them just for the fun. Oh wait my mistake what I meant to say is that 80% of the beach is wide open and free from ORV, not because they are limited but because everyone goes to the same few spots (hence the crowded picture, Its only like that a very small percent of the time. Everyone pretty much drives in the same ruts as the vehicle in front of him, at a ridiculously slow speed. Everyone respects the clearly marked nesting signs where ever they may be. Each ORV is a licensed and inspected vehicle, not ATV’s Motorcycles, etc jumping duns like other beaches. Most if not everyone is very respectful. In fact my family started going to the OBX instead of Myrtle Beach because it is definitely less crowded and 99% cleaner beaches. In fact when a huge cargo shipped spilled 1000’s of ceiling fans and tons of Styrofoam into the ocean only to be washed up on the beach, my family and I traveled 748.5 miles to Avon to help clean it up. I guarantee you there were far more ORV drivers, locals, and fishermen out there then the 2 Environmentalist I met. That’s right only 2 (I’m sure there were more, but I met plenty of people that day). Now about this bird problem, it is not the ORV that are killing the birds, it is the birds who choose to nest on a strip of beach that has water only a few hundred yards from it on either side. Every major storm will wipe out the population of all chicks who cannot escape to higher ground. Foxes and Raccoons can’t be trained not to eat eggs or chicks of certain birds. Every time I see a nesting area that is roped off, or a game warded/ranger who lead ORV’s past the nesting area, people are very cooperative and the last thing they have on their minds are hurting the birds. They are just there having a good time with their friends and family enjoying God’s creation. Now I know you do not believe me. (The rest of this sentence was edited to remove an unnecessary attack.) But the solution would be to focus your energy and resources toward saving the birds. Maybe building some sort of shelter, maybe a relocation program (from the storms, not the ORV’s they do that on their own) or setting up some more stable fencing to keep out the Raccoons and foxes. Anyway, it just seems foolish to punish the folks who are probably doing more for the environment, such as traveling 100’s of miles spending 1000’s of dollars in a local community that puts so much of their hard earned revenue back into protecting the environment, then to come up with an actual solution. In fact the enviro’s are going to really screw over these birds, much more than any ORV did. Thank about it, the people who care most about the OBX and keeping it natural are the ones who live there. That is why you do not see large hotels, or why it is not overly commercialized like Myrtle Beach, Daytona Beach, etc. However without the ORV it is going to be so hard to get to the beach, people are going to stop coming. The money that is used to protect wild life will fade away, and the whole local economy will suffer a huge loss. Sure they may be some tourist who take the lighthouse tour and who drive up and down hwy 12 to look at the birds, but people are not going to drive hours past other beaches, to walk farther and fish less. Pretty soon the state will not have the money/interest in protecting the OBX from eroding away and then the little communities known as Buxton, Avon, Hatteras, Ocracoake will be nothing more than a sand bar that is washing more and more into the sea, then where will your birds go? Do you think they would wish they had their miles of roped off protected area? I bet they would.


The Bodie Island Spit is not capable of holding 1000 vehicles as stated at one time. There is not enough land mass to handle that number unless they are stacked upon each other.

Someone is using numbers for their own design.


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