??BEACH CLOSURES??

[derf]

FOR IMMEDIATE RELEASE: 12/4/01


Outer Banks Preservation Association Considers Legal Action
Against US Fish and Wildlife Service.


BUXTON, NC The Outer Banks Preservation Association (OBPA), a non-profit organization dedicated to maintaining free and open access to the beaches of the Outer Banks, has retained counsel to consider legal action against the US Fish and Wildlife Service. The Washington, DC firm of Holland and Knight has been retained to explore options for the removal of the Piping Plover Wintering Critical Habitat Designation affecting the beaches of the Cape Hatteras National Seashore. OBPA believes that this action is warranted in that the Fish and Wildlife Service has created the designation despite extensive public opposition and without hard data or proper procedures, including required economic impact studies.

John Couch, Chairman of OBPA, states, “The US Fish and Wildlife Service has totally disregarded its responsibilities and did not consider the true impact of this ruling. The Critical Habitat Designation Ruling and other similar rulings have been made without regard to the Cape Hatteras National Seashore being designated a ‘recreational facility’ for public use and access. Further, potential and existing closures conflict with the traditional use of beaches as guaranteed by the National Park Service. These actions involve the inalienable rights of users and the livelihood of the residents of the islands.”

“This is not about the bird.” says Couch, “This is about overzealous management policies.”

The critical habitat designation by the Fish and Wildlife Service, includes areas from Bodie Island to Pea Island, the Lighthouse to the Fish Dump on South Beach, Clam Shoal, both sides of Hatteras Inlet and the majority of Ocracoke Island, totaling 3,616 acres of the Cape Hatteras National Seashore. Under the terms of the designation the Fish and Wildlife Service can, at any time, close all of these areas to both vehicular and pedestrian traffic, effectively eliminating free and open beach access to most of the islands.

The Piping Plover (Charadrius melodus) is a small shore bird that frequents muddy tidal flats near inlets and overwashes. The North Carolina areas are on the Northern fringe of the designation where, documentation shows that, the area may be used by less than twenty wintering birds annually and, by definition, is not critical to the conservation of the entire species. Further, the designation is redundant with present National Park Service policies regarding the protection and management of endangered species native to park system units. Critical habitat for the breeding population is not contested.

OBPA is presently soliciting financial support from organizations, business and individuals to help in this effort. The fund, known as the Cape Hatteras Access Preservation Alliance, will be used exclusively for the purpose of pursuing free and open access to the beaches of the Cape Hatteras National Seashore. Tax-deductible donations may be sent to OBPA-Cape Hatteras Access Preservation Alliance, P.O. Box 1355, Buxton, NC 27920. For more information see the Outer Banks Preservation Association website at: http:/obpa.org.


Thanks John