Washington, DC – The National Park Service (NPS) announced today that a settlement has been reached that will protect nesting
areas for Piping Plovers and other species and allow recreational opportunities for park visitors. According to Cape Hatteras
National Seashore Superintendent Mike Murray, a consent decree was filed on April 16, 2008 in US District Court whereby the
parties involved in the lawsuit to regulate beach driving along Cape Hatteras National Seashore (federal government, environmental
organizations, local counties, and recreationists) agreed to a settlement of the case.
This agreement will allow off-road vehicle beach (ORV) access to remain open year round. It is not expected to affect the fall or
winter fishing season, and will allow many areas of the beach to remain open to recreational use. Terms of the consent decree will
result in buffers being established during portions of the spring and summer around bird breeding and nesting areas, including
creating a 1000 meter vehicle perimeter and a 300 meter pedestrian perimeter around piping plover chicks until they have fledged.
“The agreement reached between the NPS and the other parties to the lawsuit is a creative solution that addressed a tough issue,”
said Lyle Laverty, Assistant Secretary for Fish and Wildlife and Parks. “The Department, the NPS, and the Park are committed to
meeting our mission objectives as well as working to mutual benefit with the local tourism and fishing community.
This well thought out plan will serve as an example of how we fulfill our responsibilities and meet the needs of all parties involved.”
The compromise prevented a complete year-round shutdown of ORV access to six popular fishing areas and was able to
accommodate all parties’ interests. There will be various closures, particularly during the breeding season, to protect plovers and
other species, but the park will generally remain open.
The park is working closely with a negotiated rulemaking advisory committee, which is helping NPS develop an ORV regulation and
management plan for Cape Hatteras National Seashore. Park Superintendent Mike Murray said, “This is a positive step to resolve
the issues raised in the lawsuit and will allow us to focus our effort on development of the long –term ORV management plan and
regulation. As we implement the settlement, we will keep all interested parties informed about the status of beach access, as
well as about wildlife breeding activities that are occurring on the Seashore.”
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