Judge holds hearing on beach driving plan

A national park official told a federal judge Thursday that rules barring off-road vehicles and pedestrians from some Outer Banks beaches will start next week to protect endangered birds and turtles during their nesting season.

Mike Murray, superintendent of Cape Hatteras National Seashore, told U.S. District Court Judge Terrence Boyle that sections of some beaches will close or be under strict access regulations starting March 14 in areas where nesting has occurred in the past.

The closures — including some beaches popular with summer visitors — began last year amid heated opposition from some local businesses and outdoors groups. Environmental groups reached an agreement with the National Park Service after suing the agency for not protecting the animals by allowing vehicles and beach goers in areas where the animals nest in the sand.

The closed areas will be adjusted as birds and turtles arrive and establish new patterns. Murray said this season will be the first full year of operations under the out-of-court agreement.

Boyle asked numerous questions as Murray discussed the 2008 closures, which were opposed by groups that argued the rules hurt local businesses and the long-standing tradition of driving and lounging on the barrier island beaches.

The superintendent was the only witness during the hearing and was asked only a few questions by attorneys.

The court-sanctioned agreement also calls for a long-term off-road vehicle plan by Dec. 31, 2010, but a committee of environmental groups and beach access advocates disbanded last month after being unable to come to a consensus. Murray, who was part of the committee, is now in charge of developing those regulations.

He said the committee's work would be incorporated into the set of permanent rules his staff is devising to replace rules in the settlement. Boyle had called both sides to his courtroom for an update on their progress.

Murray said the park closed areas of beach for nesting prior to the 2008 agreement, which ended the lawsuit. But closings under the agreement were more restrictive, and Murray said initial numbers show more endangered species nested and thrived.

"Most of these species of birds have been declining in numbers," he said, adding that the rules seemed to result in more piping plover chicks being born and raised until they could fly on their own.

Murray said 13 piping plover nests were established on seashore beaches, which was the highest number since 1997.

Murray also said a difference between last season and the year before was the ban on night driving after 10 p.m., which will be in effect again this season.

He also said new signs explaining closure rules would be put up by May 1.

Murray told the judge that at the peak of closures, there were 11.3 miles of the 66-mile-long seashore closed with the rest was open.

Advocates of looser regulations, which would allow fishermen to reach the water at popular areas such as Hatteras Inlet, Cape Point at Buxton and Bodie Island Spit south of Nags Head, said the more restrictive rules under the agreement hurt access and local business.