Cape Hatteras National Seashore officials are reviewing how they manage ORVs, pedestrians, and wildlife on their beaches/Kurt Repanshek

Cape Hatteras National Seashore officials, three years removed from what seemed to be a settled approach to managing wildlife, off-road vehicles, and pedestrians on their beaches, are re-examining aspects of that plan as ordered by Congress, a request that must be complied with by mid-June.

A provision in the 2015 National Defense Authorization Act passed by Congress in December and signed by the president gave the Interior Department, "in coordination with the State of North Carolina and accordance with applicable laws," 180 days to review and, if applicable, "modify wildlife buffers and designate pedestrian and vehicle corridors around buffers to allow access to areas that are open in the Seashore."

"It also requires a public process to consider, consistent with management requirements at the Seashore, changes to the Seashore's Off-Road Vehicle (ORV) special regulation as it relates to morning opening of beaches, extending the length of fall and spring seasonal ORV routes, and modifying vehicle free areas," the Seashore noted in a release posted on its website.

Interior Secretary Sally Jewel is required by the legislation to report back to Congress by mid-December on what the review found.

In assembling the data, Seashore staff is:

* Reviewing the best available science on wildlife buffers and, in coordination and consultation with State and Federal agencies, considering whether there should be modifications to buffers currently used by the Seashore and possible new ORV corridors;

* Planning a series of public discussion meetings in late May/early June to gather and consider public input on morning openings, extending seasonal ORV routes, and modifying vehicle free areas and to develop an appropriate plan to implement appropriate changes;

* Reviewing the current beach access construction projects schedule for possible reprioritization towards those projects that provide vehicle access points in critical areas.

A lawsuit brought by the Southern Environmental Law Center forced the Park Service in 2007 to craft an off-road vehicle management plan. The one finally adopted by the national seashore in 2012 was seen as meeting both the National Park Service's legal requirement to adopt an ORV management plan at the seashore, and its mandates under the Endangered Species Act to protect endangered and threatened species, such as the piping plover and five species of sea turtles that might come ashore to nest.

Under the seashore's adopted approach to ORV management, areas along the 70-odd miles of beach are either closed, seasonally open, or open year-round to ORV use; the Park Service intends to build new parking areas along Highway 12, as well as new access ramps to the beach, and; a new trail is to be built to allow pedestrians to walk down through the dunes to the beach.

The plan also provides for a "seasonal night-driving restriction ... established from 9 p.m. to 7 a.m. during turtle nesting season, although areas with no turtle nests could open to night driving from September 16 through November 15." Additionally, it calls for an "alternative transportation study and would encourage the establishment of a beach shuttle or water taxi."

Overall, the approved plan allows for 27.9 miles of year-round designated ORV routes on the seashore, 12.7 miles of seasonal routes, and 26.4 miles of vehicle-free miles. The rules also outline vehicle requirements, permit requirements, nightly ORV restrictions, speed limits and more.

When the plan was implemented, Seashore officials described it as a way to "protect and preserve the unique natural and cultural resources of this dynamic barrier ecosystem while permitting the use of vehicles on Seashore beaches and provide a variety of safe visitor experiences while minimizing conflicts among various users."

But not everyone in North Carolina agreed with the plan, and several attempts were made in Congress to either repeal the plan in its entirety or force the Park Service to review the plan, an effort that succeeded with the Defense Authorization bill.

However, that mandated review does not remove the existing ORV management plan adopted by the national seashore in February 2012. 

'œIt isn'™t going back to the drawing board because the current (plan) is still operative," said Kristen Brengel, the senior director for legislation and policy for the National Parks Conservation Association. "All the documentation that was done to come up with the final rule, all of that is still (in place). Nothing in the law is repealing the regulation that currently is in place.'

During a phone conversation from her Washington office, Ms. Brengel said the bill simply requires the Park Service to take a "second look" at the ORV plan and see if there's a way to provide for more ORV access on the national seashore.

While unexpected, the review possibly could determine even more restrictions are necessary to help piping plovers and sea turtles nest on the beaches.

'œIn a lot of cases when you have ORV use it'™s good to do regular monitoring," said the NPCA official. "Maybe the new science will show that the buffers aren'™t big enough. They could clearly come back and say, 'We'™re not doing a good enough job on turtles and we need to tighten up use and have larger corridors for turtle nesting and hatching.''

Here's a look at "frequently asked questions the Seashore staff came up with concerning the review:

1. What does the legislation say?

In summary, Congress passed legislation that requires the Secretary of the Interior to:

* Review and modify wildlife protection buffers in Cape Hatteras National Seashore (Seashore) in accordance with applicable laws,

* Using adaptive management practices, modify wildlife buffers to ensure that the protection buffers are of the shortest duration and cover the smallest area necessary, as determined in accordance with peer-reviewed scientific data,

* Where possible, designate pedestrian and vehicle corridors around protection areas of the National Seashore closed for breeding wildlife, to allow access to areas that are open,

* Coordinate and consult with State of North Carolina wildlife officials to determine appropriate buffer protections for species that are not listed under the Endangered Species Act of 1973 but that are identified for protection under State law, 

* Construct new vehicle access points as expeditiously as practical and in accordance with management plans, and

* Undertake a process to consider, consistent with management requirements at the Seashore, the following changes to the Final Rule: Opening beaches closed to night driving on a rolling basis every morning, extending seasonal off-road vehicle routes in the fall and spring if the use would not create resource management problems, and modifying the size and location of vehicle- free areas.

2. What are some examples of "applicable laws"?

Many laws will apply. Here are a few examples:

* The Endangered Species Act,

* The Migratory Bird Treaty Act, and

* The National Environmental Policy Act.

3. What is the name of the actual legislation?

Sec. 3057. Cape Hatteras National Seashore Recreation Area is part of the larger, comprehensive 2015 National Defense Authorization Act, enacted on December 19, 2014. (A link to the legislation is provided below)

4. What plan does the Seashore have to implement this legislation?

The National Park Service will utilize the following steps to implement the legislation:

* Prepare a review of the best available science for wildlife buffers, in coordination and consultation with State and Federal agencies, to consider modifications to those buffers and possible new ORV corridors.

* Launch a series of public discussion meetings during the spring to gather and consider public input on morning openings, extending seasonal ORV routes, and modifying vehicle free areas and develop an appropriate plan to modify the final rule and implement potential changes.

* Review the current beach access construction projects schedule for possible reprioritization towards those projects that provide vehicle access points.
Report back to Congress by December 19, 2015.

5. Will the public, including local residents and interested stakeholders, be involved?

Yes. After reviewing the science and developing potential buffer modifications and corridors, the Seashore will hold public meetings and provide a public review period to solicit comments and ideas. Once the wildlife buffer review and corridor development process has been completed, the Seashore will have additional discussions with the public to consider whether or not to make changes to the Final Rule regarding beach openings, seasonal off road routes, and vehicle free areas.

6. When will this work be completed?

The legislation directs the Secretary of the Interior to complete the wildlife buffer review and modification and corridor designation within 180 days (by June 16, 2015). The Seashore staff will be working hard and in coordination with the State of North Carolina and the U.S. Fish and Wildlife Service to complete this task first.

Regarding the public process to consider changes to the Final Rule, the Seashore plans to begin that process second. The length of time required to complete the work will be based on the ideas and input received from the public and the types of changes to the Final Rule that are under consideration by the Seashore.

Construction of new vehicle access points is underway. The Seashore has completed Ramp 25 in 2014 and additional projects are expected to be underway in the next few months. An expedited schedule for constructing access points will be developed and shared with the public during the spring of 2015.

7. Will this work result in changes to the way ORVs are managed during the summer of 2015?

It is possible that potential changes to wildlife buffers or the potential establishment of corridors around closed areas may be put into place during the summer of 2015. The efforts to consider modifying the final rule will take more time and potential changes are not expected to be implemented during the summer of 2015. In this interim period, ORV use will continue to be managed under the current Seashore ORV Management Plan and special regulation.

8. How do we currently manage off-road vehicles in the Seashore?

The mission of the National Park Service (NPS Organic Act, 16 USC 1) and the enabling legislation for the Seashore require that the Service to balance recreational use with the protection of natural and cultural resources. This requirement includes conservation and protection of plants and wildlife, several of which are federally-listed species including the piping plover, three species of sea turtles, and seabeach amaranth. In addition, the Seashore provides a variety of recreational experiences such as fishing, ORV use, and the enjoyment of undeveloped beaches. On February 15, 2012, the National Park Service implemented an ORV Management Plan and special regulation designed to balance ORV use and access in the Seashore and protect and preserve the natural and cultural resources, while minimizing conflicts among various users, and promoting the safety of all visitors.