SELC sues NPS at Cape Hatteras National Seashore over ORVs/OHVs

[Blue Water Runner]

If you enjoy surf fishing on OBX or just like to ride on the beach tou had best pay attention to this.

Environmentalists file suit while plan being formulated
BY SUSAN WEST | SENTINEL STAFF

Defenders of Wildlife and The National Audubon Society filed a lawsuit Thursday charging the National Park Service with failing to manage beach driving in ways that protect shorebirds and sea turtles at Cape Hatteras National Seashore.

Represented by the Southern Environmental Law Center, the environmental groups asked the US District Court to vacate, set side, or rescind the park's Interim Protected Species Management Plan. The interim plan was intended to temporarily protect threatened and endangered animal and plants until a long-term management plan for off-road vehicle use on the seashore was in place.

The plaintiffs did not ask the court to prohibit driving on the beach, but asked for an injunction ordering the Park Service to adequately protect natural resources while the off-road vehicle plan is developed and implemented.

"If we don't act now, nesting shorebirds and sea turtles could be at risk of disappearing from the Seashore entirely, as their habitat becomes more and more unsuitable," stated Jason Rylander, attorney for Defenders of Wildlife, in a press release.

The lawsuit contends that beach driving allowed under the interim plan harms endangered or threatened or rare birds, sea turtles, and plants. Plaintiffs said that gull-billed terns, common terns, and black skimmers have all but disappeared, and that populations of least terns, American oystercatchers, and piping plovers have also declined.

Plaintiffs argue that the interim plan doesn't meet the most minimal scientific recommendation for closing the most critical areas of habitat either year round or at the start of mating season.

The suit states that a steady decline in populations of birds and turtles has occurred at the same time that driving on the beach has "increased exponentially."

"No one wants to deny the rights of fishermen and families to enjoy beaches along the National Seashore, but our beaches are turning into highways," said Derb Carter, attorney for the Southern Environmental Law Center.

The lawsuit was filed just days before the Park Service held the third in a series of negotiated rulemaking committee workshops.

The park plans to develop the off-road vehicle management plan through a process that brings various stakeholders, including representatives of recreational and commercial beach-users and environmental groups, together in an effort to reach consensus on how to manage beach driving.

Although the Interior Secretary has not officially announced the members of the negotiated rulemaking committee, representatives of the Southern Environmental Law Center, Defenders of Wildlife, and The Audubon Society have been proposed as members.

The three groups also filed a notice of their intent to sue the park over violations of the Endangered Species Act under the interim plan.

Just be aware that the SELC will also attempt use the fishing community to get limited access passed. They are also in the process of suing the NFS to get the OHV community banned or limit their use from certain trails at Tellico OHV Trail System. http://www.sfwda.org/trails/tellico/index.html

Trout Unlimited was their way in. The SELC is using TU and PEER to sue the NFS. The case is still going on as I type this. Trout Unlimited stabbed The NFS and Southern Four Wheel Drive Association in the back in my opinion. Just recently TU and SFWDA were partners on clean up days at Tellico.

The SELC is bad news for everyone.

Sources for this suit's progress:

http://bbs.zuwharrie.com/content/topic,64816.0.html

http://pirate4x4.com/forum/showthread.php?t=604044

BTW, I am Blue Ridge Runner on those boards.

I am a member of The Southern Four Wheel Drive Association and The Blue Ribbon Coalition.

I hear that the The North Carolina Beach Buggy Association is in the fight so I would suggest them as a source for those interested in combating the SELC. I may join them.

Here is a link for sources on this suit:

http://buggyboard.ncbba.org/viewtopic.php?t=22

If you want access you need to be prepared to fight for it.

[vettnman]

Drumwagon.com would be a good place to enlist help on this as well BWR. Diff has been very active from what I've heard in joining the fight to protect us from the enviromentalists. One thing I don't understand. The NPS closes whole sections of beach, for nesting sea turtles, piping plovers, and such. How is that policy under attack? and as far as a ORV plan, there is already one in use by the NPS. I have heard that they need to tweak it a little, but very minor changes. From what I see, every one of these enviromentalists will not be happy until they make ORV's illegal.

[Blue Water Runner]

Thats exactly why I pointed out the suit at Tellico. Trout Unlimited is a major disappointment. Apparently they are no better than PETA, The Serria Club, or SELC. I actually made a suggestion to sic PETA on Trout Unlimited as a pay back for the law suit.