Raleigh, N.C. — Dare County Commissioner Warren Judge said a court order to protect nesting birds along the coast has gone too far.
“We've got these huge hands of the Department of Interior bullied by environmental special interest groups choking the life out of us,” Judge said.
The decree is the result of a lawsuit, filed by the Audubon Society and the Defenders of Wildlife in October 2007, claiming that the National Park Service's interim management plan did not adequately protect nesting piping plovers and sea turtles. Dare County agreed to the order rather than risk the court closing the beach to vehicles altogether.
“It was a choice between being shot in the head or shot in the foot,” Judge said.
The National Park Service said the number of people visiting the National Seashore is up, but local business owner Ollie Jarvis said when the beaches are closed to fishermen, his business drops.
“This summertime we were 30 to 40 percent off. It’s due to the beach closings,” Jarvis said.
Some businesses couldn't survive, leaving unemployment high in the area.
“I know there are individuals and businesses out there that have been affected and I'm sorry for that,” said Chris Canfield, director of Audubon North Carolina.
Canfield said statistics show the consent decree is working.
In 2007, four piping plover chicks and 10 oyster catcher chicks grew to adulthood on the National Seashore. In 2009, those numbers grew to six and 13.
Canfield said black skimmers have also nested on the beach for the first time in three years.
“We have more than doubled the number of beach nest birds that have come together on the beach, record numbers of sea turtles,” Canfield said.
But business owners said they're paying a steep price.
“It has killed all of us,” Jarvis said. “Businesses are closing everyday and we just need some help.”
The Audubon Society said the animals also need help.
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“The fact is, they've never had more than a hundred turtles nesting at the coast before the consent decree, now we've got (them) two years in a row,” Canfield said.
The consent decree is in effect for at least one more season.
The National Park Service is planning to unveil its permanent plan to replace the consent decree soon. After public comment and review periods, the final plan should take effect in spring 2011.




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Who said the alledged death from the ATV had anything to do with the suit, or the consent decree? I think the incident with the two chicks at Hatteras Inlet, where the beach was left open in front of newly hatched chicks, is probably closer to the target.
November 13, 2009 12:42 p.m.
She fought against the interim plan tooth and nail, mostly using appeals to emotion and the Almighty Dollar.
It's an attempt to portray herself as reasonable and accepting of the NEPA process, so she can criticize the plaintiffs in the suit against the park for not accepting it. She didn't accept it two years ago and there's no reason to believe, based on her actions and anything she's said, that she'll accept it when the final rule goes into effect.
And, don't get me wrong. I do not agree with all of the measures of the consent decree, or everything that led to it. The Interim Plan, with some caveats, was just fine.
November 13, 2009 12:33 p.m.
Croat has tried to misrepresent my position elsewhere and I won't debate him here. To set the record straight. My position has always been that the Interim Plan while not my preferred alternative, did represent a compromise that I could live with and that officials at every level of USFWS & NPS said would provide the required protection. What we have now, after the DOI allowed SELC, et al to bully them, greatly exceeds buffer sizes and triggers used at any seashore.
Hatteras and Ocracoke Islands are the last of the barrier islands that are easily accessible to all (good health, bad health, wealthy, those with limited resources, etc.). Hatteras and Ocracoke Islands are one of the few barrier islands with human populations. The rest of the barrier islands are either wildlife refuges or offer only limited recreation. I think this is enough balance.
November 13, 2009 11:20 a.m.
November 13, 2009 10:15 a.m.
The chick that was allegedly ran over by NPS staff on an ATV, is disputed by at least one staff member I spoke with. (A 1oz chick was ran over by a ~500lb ATV and then crawled a foot away out of the tire track?) And there's nothing "inexpensive" about getting away to Cape Hatteras - unless you bring everything you need with you and sleep in a park campground. And that does nothing to stimulate the local economy.
November 13, 2009 10:04 a.m.