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County Battles to Preserve Beach Driving on CHNS

Dare County and several user groups filed a motion Thursday to dismiss claims environmental groups are asserting to thwart the public enjoyment of the long standing tradition of driving on the beach within designated areas of the Cape Hatteras National Seashore. The battle is taking place in the United States District Court for the Eastern District of North Carolina Northern Division.

This motion to shut down access to a large portion of the Cape Hatteras National Seashore to the recreational fishermen is unfounded, stated Attorney Lawrence Liebesman of Holland &Knight LLP, a Washington DC environmental attorney representing the Counties and a coalition of beach access groups. The Counties and the user groups motion to dismiss is based on grounds that the court lacks jurisdiction to intervene in the Service expert management of the Seashore. The Park Service own data contradicts the conservationists claims that a federal judge must intervene now to avoid dramatic declines in shore bird populations due to beach driving while a final plan is being negotiated,? he said.

The Park Service 2007 Report shows that a number of breeding pairs of the piping plover, a shore bird protected under the Federal Endangered Species Act, was the highest since 1999 and equals that of 2006. That report also did not find any direct evidence that vehicles actually caused the deaths of any of this species and other causes such as predation and unleashed dogs were likely responsible.

Last year, the National Park Service put into place an interim plan to protect the habitat, while ensuring vehicle access while it pursues negotiations with numerous stakeholders, including the Plaintiffs, to develop a final vehicle management plan over the next few years. Leibesman asserts that the environmental groups cannot have it both ways? by asking the court to intervene and police? the Park Service management of the seashore while at the same time sitting at the negotiation table.

Dare County has long been active in the ongoing battle for preserving beach access for vehicles in the National Seashore. The official position is justified by positive economic impacts brought by fulfilling a unique visitor experience not found elsewhere and other access oriented legislation. The county signed a resolution in 2006 expressing a need to formulate a resource protection policy in order to fulfill a promise to the public to manage the CHNS for recreation and conservation purposes while ensuring continuous free and open access to pedestrian and vehicular use.

Public access to beaches was guaranteed by the founding legislation creating the Cape Hatteras National Seashore,? said Warren Judge, Chairman of the Dare County Board of Commissioners. ORVs are used at CHNS by our residents and many visitors to enjoy different activities including fishing, bird watching, swimming, water sports, and sightseeing. Beach driving is an essential part of our heritage and an important aspect of our local economy, and Dare County is committed to doing everything possible to ensure this access to our beaches.?

At a scheduling conference today, the court will determine a date to hear the parties motions to begin resolving these issues.

Dare County Public Relations Department

(252) 475-5900 - Office

(252) 473-4594 - Fax