Surf fishermen who depend on off-road vehicles to access long stretches of prime beachfront of the Cape Hatteras National Seashore are up in arms over greatly reduced access.

In October 2007, Defenders of Wildlife and the National Audubon Society, represented by the Southern Environmental Law Center (plaintiffs) filed to sue the National Park Service for insufficient protected species management at Cape Hatteras National Seashore and failure of the park to comply with the requirements of the Off-road Vehicle (ORV) executive order and NPS regulations regarding ORV use.

The species identified for protection included the federally listed threatened piping plover, various species of colonial water birds, the American oystercatcher and several species of sea turtles (federally-listed threatened and endangered). To settle the lawsuit, in April 2008, the U.S. District Court Judge signed a consent decree, agreed to by the plaintiffs and the NPS, and by Dare and Hyde Counties and a coalition of local ORV and fishing groups (Cape Hatteras Access Preservation Alliance) which participated in the lawsuit as interveners. The consent decree, which is enforceable by the court, provides for specific species protection mandates and requires the NPS to complete the ORV plan and required special regulation by Dec. 31, 2010 and April 11, 2011 respectively.

Under the consent decree, the NPS must increase the frequency and degree of wildlife monitoring and protection, establish and enforce larger closures around nesting areas and mark, monitor and enforce pedestrian and ORV corridors along the shoreline. In addition, the NPS must enforce a prohibition of vehicles on beaches between 10 p.m. and 6 a.m., May 1 through November 15, with a permit system to be established for night driving Sept. 16 through November 15.

Concerns are very real over the negative economic impact from the loss of access to prime surf fishing spots, while protected species advocates fear loss of species without the intervention of the court.

At this juncture, the NPS is using a negotiated rulemaking process to draft the ORV Management Plan through with the input of local community and national interest groups. Hopes are that the NPS can finalize a plan that not only complies with the law, but also ends years-long conflict and uncertainty of ORV and protected species management on the Cape. For further information and updates, visit the National Park Service site at www.nps.gov/caha or the Outer Banks Preservation Association at www.obpa.org.