In an opinion that goes against off-road vehicle interests along Cape Hatteras in North Carolina, a federal judge has ruled that the U.S. Fish and Wildlife Service properly designated critical winter habitat for the piping plover, a threatened species of shorebirds.
Judge Royce C. Lamberth, chief judge of the U.S. District Court for the District of Columbia, held that the Fish and Wildlife Service properly considered economic impacts, special management considerations, and off-road vehicle regulations when it set aside 2,053 acres in North Carolina's Dare and Hyde counties -- including parts of Cape Hatteras National Seashore -- as critical habitat for the diminutive shorebirds.
The ruling handed down Tuesday was applauded by conservation groups.
“Cape Hatteras is unique. It’s one of the few places on the East Coast that hosts piping plover activity all year round,” said Jason Rylander, staff attorney for Defenders of Wildlife. “Critical habitat designation will provide a crucial, additional layer of protection throughout the year.”
At Audubon North Carolina, deputy director Walker Golder called the judge's decision "a great victory for piping plovers and reaffirms the importance of Cape Hatteras National Seashore for this threatened species.”
The ruling comes at the end of a long road of litigation and rule-making. The case at hand can be traced at least to 2001 when the Fish and Wildlife Service first designated critical winter habitat for the birds. Portions of that designation that involved Cape Hatteras were immediately challenged by the Cape Hatteras Access Preservation Association, a coalition of off-road and surf-fishing interests.
In 2004 a lower court remanded the matter back to the Fish and Wildlife Service with a direction to re-examine its designation of the four units that fell within both the national seashore and Pea Island National Wildlife Refuge.
While this was playing out, environmental groups -- Defenders of Wildlife and the National Audubon Society -- sued the National Park Service for failing to develop an ORV management plan for Cape Hatteras National Seashore.
Fish and Wildlife Service officials published their revised critical winter habitat designations in October 2008, about the same time national seashore officials and the environmental groups agreed to a consent decree mandating that the seashore would develop an ORV plan by April 2011.
While the Fish and Wildlife Service's revised designation of critical habitat was roughly 1,600 acres smaller than the original designation, and touched on no private lands, the preservation association sued again in February 2009.
In rejecting their claims for relief, Judge Lamberth held that the Fish and Wildlife Service properly and adequately identified why the lands in question were vital to the plovers, which spend 10 months a year "wintering" in North Carolina, and how they need to be managed to benefit the shorebirds.
The ruling (attached below) is only the latest chapter in a long-running saga pitting those who rely on off-road vehicles to enjoy the national seashore and fish from its shores against groups that have maintained the Park Service long has failed to protect threatened and endangered species of birds and sea turtles from those ORVs.
At Defenders, Mr. Rylander said Wednesday that the favorable ruling for winter habitat nevertheless is a smaller piece of the overall puzzle that will provide the necessary protections.
"The Park Service will have yet another reason to do what it's already obligated to do under the (National Park Service) Organic Act and the Endangered Species Act," he said from his Washington office. "So, it's another benefit. But it's not the entire ballgame."
The final piece to the puzzle, Mr. Rylander said, will be the adoption of a formal ORV plan for the national seashore.
Comments
“one gets the impression that they truly believe that the shore should be exclusively set aside for the wildlife and those that wish to observe them.”
Having read a good deal of the briefs, press releases, transcripts of public comments and viewing the agonizingly boring reg/neg videos I can find nothing that suggests the environmentalists that are involved in CHNS resource protection advocate what you suggest. Many of the ORV proponents bandy their impression as absolute truths; to bad they can’t back up their impressions with concrete quotes from the specific environmentalist.
“But, coexistence is not going to be good enough for some environmentalists and if you can't see that then there is no point in continuing the conversation.”
The conclusion I get is that ORV/fishermen truly believe that the NP Seashore should be exclusively set aside for them to fish and recreate as they see fit whenever and wherever they want. They assumed they have the right to slice the pie up themselves doling out slivers to whoever they deem fit.
Read the newsletters, position statement, suggested comments etc from NCBA (North Carolina Beach Buggy Association, CHAC (Cape Hatteras Anglers Club, OBPA (Outer Banks Preservation Association) whose leaders continue to advocate for the considerable majority of the ocean shoreline to be opened to ORV use all or some of the year. All of the major ORV proponents that have been a spokesperson or heads up an ORV or fishing organization insists this Park be called a “recreation area” with their interpretation that their personal recreational endeavors come first before other visitors and National Park standards. This particular fact among many others (continual references to “our” and “my beach”), gives me the impression that ORV enthusiast/fishermen truly believe that the Seashore was exclusively set aside for them to fish and recreate as they see fit.
Just got back from OBX. Drove on beach at Salvo and down by the lighthouse at the Cape . Went fishing with my daughter. Took everything I brought when I left. Didn' t run over any of the 10 breeding pairs of Plovins or any other wildlife. Went back to Waves for the evening. This is the typical day for ORV'ers at Hatteras Island. I have never seen any ORV'ers abusing the beach or dunes. I'ts more like drive on beach park, fish, swim,pack your stuff up and leave!
This is for Anon and anyone else that may be interested. With reference to my prior statement about Mr. Rylander, concerning the desire to "see him get his bell rung", I have posted a clearification on the Frank & Fran Fishing Forum where the statement was originally made. In essence, the clearification is an analogy between a commonly used term in football where a defense is constantly being whipped by an offense and compounded by bad calls from poor officials. One might wish to see them get their bell rung, be it the Quarterback, Runningback, Reciecer or all. There is another phrase that comes to mind now that I think of it. "Its hard to beat the team and the officials at the same time. Don't get me wrong. I'm not down on football officials, just obvious bad calls. Same in the dispute at Cape Hatteras. I would also like to state that I have always had a good relationship with the Rangers and other personnel and hope they do not have any ill feelings toward me. I have never detected any in my conversations with them. I would never wish any harm to them. I think there is a mutual respect for each others positions, at least I hope so. It's some of the others (Officials) which I find troubling. To be completely honest though, I can understand how some have come to make certain statements. It's the old saying " put yourself in the other man's shoes", then maybe you can understand, too.
Ron (obxguys)
I don't know all the facts, but as a Carteret County native of Shackleford Banks, I care about this issue. Here is a link to a documentary on this that I found interesting: http://vimeo.com/14696293. I found it interesting that according to the documentary, this bird is not endangered. The NPS is trapping its predators; the NPS uses ORV to access area. This is not making sense?? Just watch.