Cape Hatteras National Seashore Wildlife Protection
Preserving Wildlife and Recreation Opportunities on Cape Hatteras
SELC Champions Clear, Enforceable Regulation of Beach Driving on Cape Hatteras
In the Cape Hatteras National Seashore, the populations of nesting seabirds, shorebirds, and sea turtles have rebounded significantly (PDF)—some to record levels—thanks to three years of reasonable limits on beach driving secured by SELC and its partners. In accord with a legal agreement we reached with the National Park Service in 2008, the agency has developed a plan for managing off-road vehicle use on the seashore. Although the plan does not implement all the protections scientists have recommended, it goes a long way toward safeguarding sensitive areas of the seashore for wildlife and pedestrian use while still allowing reasonable vehicle access for activities such as surf fishing.
Our goal now is to make sure a new regulation based on that plan, to be proposed by the Park Service this summer, has clear, enforceable standards for protecting wildlife and their nesting grounds, with specific provisions for when and where people can drive off-road. The final rule is scheduled to be issued in November.
Case Summary
Driving on the beach along Cape Hatteras National Seashore in North Carolina is a long-standing tradition among fishermen heading to remote spots to take advantage of the world-renowned surf fishing of the region. But it is a tradition that has gotten out of control, turning the beach into a virtual highway and putting wildlife and people at risk.
Species at Risk
In addition to fishermen, daily beach-goers are using their trucks and SUVs for convenient beach access. In their path are nests of shorebirds and other animals including the threatened piping plover and sea turtles, whose existence on the seashore is imperiled by hundreds of vehicles per day. As a result, these species have been declining on the Cape Hatteras National Seashore at a rapid pace.
A Responsibility to Regulate
As stewards of the Cape Hatteras National Seashore, the National Park Service is charged with regulating beach driving. The agency is currently formulating future rules for driving at Hatteras. SELC and others are working with the park service to develop permanent rules that protect both people and wildlife. However, the park service admited it will take at least three years to complete a permanent solution. Scientists and other experts agreed that many species could be eliminated from the seashore in that time. SELC filed suit to ensure their survival.
A Temporary Solution
As a result of the lawsuit, SELC, our conservation partners and attorneys for the National Park Service, as well as local governments and recreational users of the seashore, arrived at a consent decree—approved by a federal judge in April 2008—that governs beach driving in the interim period. The agreement is now protecting wildlife at Cape Hatteras National Seashore while still allowing residents and visitors to enjoy fishing, surfing, beach driving and other activities. Wildlife on Cape Hatteras National Seashore is already showing signs of recovery after additional sections of the beach were closed in 2008 under the consent decree that provides additional protection.