Judge Accepts Consent Decree 

U.S. District Court Judge Terrence Boyle ruled today to accept the proposed consent decree that sets restrictions on access and beach driving on the Cape Hatteras National Seashore. The consent decree had been proposed to Judge Boyle by attorneys on both sides of the issue as a compromise solution among those who wanted beach access preserved for recreational use and those who wanted access banned in order to preserve and protect wildlife.

“Our remarkably beautiful environment is one of the assets that keeps people coming back to the Outer Banks and we want to preserve that environment for generations to come,” said Warren Judge, Chairman of the Dare County Board of Commissioners.  “The long standing position of our Board is to support free and open access to all users of the Cape Hatteras National Seashore.  The efforts of Defenders of Wildlife and National Audubon to restrict or deny access to America’s beaches by the public are shameful. The Dare County Board of Commissioners agreed to accept the consent decree, and we will participate fully in the Negotiated Rule Making process to develop a management plan for ORV use and access for all to the Cape Hatteras National Seashore.”    

In accepting the consent decree, Judge Boyle ends the lawsuit brought by two environmental groups against the National Park Service (NPS) in October, 2007.  The decree becomes legally binding and enforceable against the parties and also specifies that a final off-road vehicle (ORV) management plan and resolution be implemented no later than April 1, 2011. Dare and Hyde Counties and the Cape Hatteras Access Preservation Alliance joined with NPS as Defendant Intervenors due to the negative impact to the local economy that beach closures would have caused.  In the lawsuit filed last October, the conservation organizations challenged the failure of the NPS to have an adequate management plan in place to protect birds, sea turtles and other natural resources from the impacts of beach driving.  

A negotiated rulemaking committee has been appointed and is meeting regularly to develop a long term ORV management plan to replace the interim plan that environmental groups had considered inadequate. In February, the National Audubon Society and Defenders of Wildlife filed motions seeking closures in areas of the Cape Hatteras National Seashore in an effort to protect wildlife by eliminating beach driving and access. 

``I am not happy with the outcome,” stated Allen Burrus, Vice Chairman of the Dare County Board of Commissioners.  “To further restrict access to some of the most enjoyable beach and fishing spots on the Cape Hatteras National Seashore is disappointing.  Being happy that the consent decree only restricts access instead of banning it is like saying you’re glad you only have one headache – not two.’’ 

Until a final ORV management plan is adopted, the consent decree requires the NPS to take immediate actions to address declining populations of nesting shorebirds and water birds on the Seashore, provide enhanced protection to the threatened piping plover, and provide additional protections to the three species of endangered or threatened sea turtles that nest on the Seashore. The proposal also calls for public education on beach driving and the protection of the region’s natural resources while providing opportunities for ORV and pedestrian access. 

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