Judge halts beach driving on Cape Hatteras National Seashore

Hatteras, N.C. — A federal judge has put an immediate stop to all beach driving on the Cape Hatteras National Seashore.

In an order filed Wednesday, U.S. District Judge Terrence Boyle said the National Park Service, the Department of Interior and towns along the Cape Hatteras National Seashore need to create an off-road vehicle plan for the beaches.

Until that happens, off-road vehicle driving is banned from the Cape Hatteras Lighthouse north to Oregon Inlet and south to Ocracoke.

Cape Hatteras park officials, however, are not enforcing the order while they try to get an interpretation of Boyle's ruling.

Some areas on the beach are closed because of wildlife sanctuaries, which have nothing to do with the order, Seashore Superintendent Mike Murray said. And there are enforceable regulations prohibiting motorists from driving on sand dunes, speeding and driving drunk.

Boyle's order was based on a criminal case that began over the Memorial Day weekend. In that case, Vasile Matei was accused of operating a vehicle without due care.

During Matei's trial, Boyle questioned the lack of off-road vehicle rules that the Park Service can enforce. In Wednesday’s order, Boyle said the lack of rules endangers both beach-goers and endangered species that live on the Cape Hatteras National Seashore.

According to the National Park Service, piping plover chicks forage and rest in the area.

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Latest Comments

I love deep fried plover. These little things have survived this long so let it rest. As for the rest of you tree huggers, this judege needs to lay off the liquor and get with reality. I bet he would not like it if they closed all Liquor stores and golf courses. Long live fishing and fellowship. Tight Lines

spottailcatcher
July 19, 2007 7:31 p.m.

ladyblue, As far as the sonstitution is concerned rights and freedoms are not granted by the constitution, they are protected by it. The constitution limits the power of government to restrict the freedoms of the people. ie. Ammendment 9 - The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Ammendment 2 guarantees the people have the power to protect themselves and their constitution from tyranny of repressive government. Constitutional law has little to do with this case. Otherwise ammendment 1, regarding peaceable assembly, may be interpreted to protect our right to assemble at Hatteras with our ORV, fishing tackle, family and friends without molestation of the government.

independent-opinion
July 19, 2007 6:16 p.m.

Let freedom ring. But the natives of Hatteras Island have, bit by bit, had their freedoms limited or abolished as have the traditional visitors (fishermen, etc). The CAHA NRS was started benignly enough to protect access to recreation that was traditional in the region. But in the 30 years I've been recreating out there I have seen and heard the native families change. Some leave for lack of affordable housing; some from the tax bills; others from the absentee landlord development. I have heard the conversations go from historic water activities to either grossing large profits or merely surviving. And the accents in which the natives spoke have largely gone as well. For what? Another 10K/week rental home? The people compaining about ORV usage most often are recent visitors. Just as in any place you visit, take it or leave it. But don't change its historic identity just b/c it doesn't match your sensitivities. When's the last time you saw a fisherman picket Wings?

Broker - Back from Lurking
July 19, 2007 6:04 p.m.

Actually Ladyblue,

You are incorrect. The enabling legislation, when Cape Hatteras National Recreational Seashore was formed, promised the residents of Hatteras Island they would ALWAYS have access to the beaches. Also note the true name of the park: National Recreational Park. Look it up!! it was made for the people not the birds.

Also WRAL, You need to come to Hatteras island and get your story straight. Yes what you say is true as far as what this judge has said and done BUT what he has said is incorrect. We have been driving on the beaches since LONG before it became a National Park. Since 1978 we have been going by the '78 interim management plan, and we are in the begging stages of Negotiated Rulemaking to make a formal ORV management plan.

Thanks for your time and space!!

Frank Folb Jr.

FRANK FOLB JR
July 19, 2007 5:24 p.m.

There is only one beach left that really inspires me to go to the ocean and fish. This beach is Hatteras island. This is about the only beach where you can drive out on and find a spot all to your own and fish under the crystal clear blanket of stars and enjoy the ultimate beauty of the ocean at it's fullest. You can also catch fish frequently which is something other beaches cannot deliver. I would venture that 99 percent of our nations beaches are overdeveloped and covered with swimmers and sunning beach bums. I know that we fisherman have to share this area also with other beach users who have other plans and we have to be courteous but please do not take our last few beaches we can drive on because of idiot judges or idiots that cannot follow rules. If you are planning to go to the OBX to swim or sun on the beach be advised that vehicles use the beach to fish and ride around. If you are offended by this go to the other 99 percent of the nation's crowded beaches and leave us alone.

gcfarms
July 19, 2007 4:58 p.m.