Thank you for contacting me regarding access by off-road vehicles (ORVs) to beaches at the Cape Hatteras National Seashore (CHNS). I appreciate knowing of your concerns.
CHNS, the nation’s first national seashore, is managed by the National Park Service (NPS). Under federal law, NPS is required to develop a management plan for each park and seashore that balances the sometimes competing objectives of public access and enjoyment with preservation of wildlife and habitat. Federal law specifically requires the NPS to allow off-road vehicle use in some Park System units if it has been determined that that use would not adversely affect natural resources, and requires NPS to establish procedures for allowing such ORV use.
Despite efforts dating back to the 1970s, the Park Service was unable to finalize a plan for managing ORV use in the Cape Hatteras National Seashore until very recently. In 2007, the NPS instituted an Interim ORV management plan, however, this plan was challenged in court and was found to be deficient in protecting endangered wildlife that live in the park. Following this legal challenge, the NPS adopted a new court-approved ORV management strategy under a consent decree in 2008.
At the same time, the NPS undertook a multi-year negotiated rulemaking process to enable the agency to meet its legal mandate to develop a permanent ORV use plan. This process allowed various stakeholders to have input and help facilitate a consensus about management of the seashore. The final rule, which went into effect in March 2012, seems to strike a reasonable balance, providing access for ORV users as well as other visitors. It establishes both ORV routes and vehicle-free areas (VFAs) to help protect park resources and provides improved access to both with new parking areas, pedestrian access trails, and other road improvements.
Following adoption of the management plan, Rep. Walter Jones, who represents Dare and Hyde Counties in the U.S. House, introduced legislation (H.R. 819) to reinstate the 2007 Interim ORV management strategy. While I am sensitive to concerns about the potential economic impact of the final rule, there is no evidence that it has had an adverse effect. In fact, despite the fact that the consent decree and final rule placed certain limits on motorized beach access, the numbers of park visitors, piping plovers and turtle hatchlings have all increased in recent years. In the meantime, I believe it constitutes a fair approach to management of the Cape Hatteras National Seashore, and I do not support returning to a management plan that the Court has already deemed inadequate under the law.
I hope this information is helpful. I will continue to monitor the situation closely and hope you will keep in touch with your feedback and concerns.