Wednesday, July 18, 2007
NPS Press Release about beach driving
National Park Service News Release
FOR IMMEDIATE RELEASE: DATE July 18, 2007
CONTACT: 252-473-2111 ext. 148
NPS ANNOUNCES UPDATE ON BEACH ACCESS
Superintendent Mike Murray stated today that the National Park Service
(NPS) is currently evaluating and considering how to respond to the recent
Court Order that was issued by U.S. District Court Judge Terrance W. Boyle
on Tuesday, July 17, 2007. The order indicates that NPS is not in
compliance with legal requirements to authorize and manage off-road vehicle
(ORV) use at the Seashore. For the time being the Seashore continues to
operate under an Interim Strategy and beaches remain open to off-road
vehicles (ORVs) for the immediate future, with the exception of beaches
that are closed due to resource protection areas, annual seasonal village
closures and safety closures.
As background, ORV use on Outer Banks beaches predates the 1937
authorization of the Seashore. Prior to paving NC Highway 12 in 1954,
island residents and visitors routinely used the beaches and interdunal
areas as a transportation route. The completion of the Bonner Bridge
across Oregon Inlet in 1963 made access to Hatteras Island much easier
which resulted in increased vehicle use of beaches for recreational
purposes and use has continued to increase. ORV are currently used to
access the beaches for many forms of recreational activities including
swimming, sunbathing, surf fishing, bird watching, surfing, shell hunting
and scenic driving.
Executive Order 11644 (1972), amended by Executive Order 11989 (1977),
required certain federal agencies permitting ORV use on agency lands to
publish regulations designating specific trails and areas for this use.
Title 36 of the Code of Federal Regulations Section 4.10 requires units of
the National Park System allowing ORV use to designate use areas and routes
by special regulation. Despite previous efforts since the late 1970s, the
National Park Service (NPS) has yet to develop an ORV management plan or
regulation that would provide the necessary management and regulatory
framework to manage ORV use at the Seashore.
To address these issues, Seashore staff has been working on a three-pronged
approach. First, in January 2006, NPS issued an Interim Protected Species
Management Strategy (Interim Strategy) to guide protected species
management practices within the park for approximately 3 years until a
long-term ORV management plan and regulation can be developed. A final
decision document and Finding of No Significant Impact (FONSI) for the
Interim Strategy was approved on July 13, 2007 by Regional Director
Patricia Hooks. Second, on December 11, 2006, NPS announced in the Federal
Register the intent to develop an ORV management plan and environmental
impact statement, and has since completed the initial public scoping in
March 2007 for that planning process. Finally, on June 28, 2007 NPS
published in the Federal Register a Notice of Intent to establish a
negotiated rulemaking committee to assist the NPS with development of the
required ORV regulation. The public comment period for this Notice of
Intent ends on July 30, 2007.
In addition to the procedures and restrictions identified within the
Interim Strategy, other federal regulations apply to ORV and beach use.
These include, but are not limited to, prohibitions on unsafe operation of
a motor vehicle, reckless driving, carrying open containers of alcoholic
beverages in a motor vehicle, and driving under the influence of alcohol or
drugs; requirements to comply with posted speed limits, use seatbelts, stay
within posted ORV corridors, and stay out of posted closures; and
prohibitions on disorderly conduct, pets off leash, illegal camping,
illegal beach fires, and littering.
More information about these planning processes can be obtained at the Cape
Hatteras National Seashore Off-Road Vehicle Negotiated Rulemaking and
Management Plan project website at http://parkplanning.nps.gov/caha. If
you wish to receive electronic information regarding the Off-Road Vehicle
issue, please contact the park at or call 252-473-2111 ext. 148 or send an
email to This email address is being protected from spambots. You need JavaScript enabled to view it. and request to be added to the mailing list.
FOR IMMEDIATE RELEASE: DATE July 18, 2007
CONTACT: 252-473-2111 ext. 148
NPS ANNOUNCES UPDATE ON BEACH ACCESS
Superintendent Mike Murray stated today that the National Park Service
(NPS) is currently evaluating and considering how to respond to the recent
Court Order that was issued by U.S. District Court Judge Terrance W. Boyle
on Tuesday, July 17, 2007. The order indicates that NPS is not in
compliance with legal requirements to authorize and manage off-road vehicle
(ORV) use at the Seashore. For the time being the Seashore continues to
operate under an Interim Strategy and beaches remain open to off-road
vehicles (ORVs) for the immediate future, with the exception of beaches
that are closed due to resource protection areas, annual seasonal village
closures and safety closures.
As background, ORV use on Outer Banks beaches predates the 1937
authorization of the Seashore. Prior to paving NC Highway 12 in 1954,
island residents and visitors routinely used the beaches and interdunal
areas as a transportation route. The completion of the Bonner Bridge
across Oregon Inlet in 1963 made access to Hatteras Island much easier
which resulted in increased vehicle use of beaches for recreational
purposes and use has continued to increase. ORV are currently used to
access the beaches for many forms of recreational activities including
swimming, sunbathing, surf fishing, bird watching, surfing, shell hunting
and scenic driving.
Executive Order 11644 (1972), amended by Executive Order 11989 (1977),
required certain federal agencies permitting ORV use on agency lands to
publish regulations designating specific trails and areas for this use.
Title 36 of the Code of Federal Regulations Section 4.10 requires units of
the National Park System allowing ORV use to designate use areas and routes
by special regulation. Despite previous efforts since the late 1970s, the
National Park Service (NPS) has yet to develop an ORV management plan or
regulation that would provide the necessary management and regulatory
framework to manage ORV use at the Seashore.
To address these issues, Seashore staff has been working on a three-pronged
approach. First, in January 2006, NPS issued an Interim Protected Species
Management Strategy (Interim Strategy) to guide protected species
management practices within the park for approximately 3 years until a
long-term ORV management plan and regulation can be developed. A final
decision document and Finding of No Significant Impact (FONSI) for the
Interim Strategy was approved on July 13, 2007 by Regional Director
Patricia Hooks. Second, on December 11, 2006, NPS announced in the Federal
Register the intent to develop an ORV management plan and environmental
impact statement, and has since completed the initial public scoping in
March 2007 for that planning process. Finally, on June 28, 2007 NPS
published in the Federal Register a Notice of Intent to establish a
negotiated rulemaking committee to assist the NPS with development of the
required ORV regulation. The public comment period for this Notice of
Intent ends on July 30, 2007.
In addition to the procedures and restrictions identified within the
Interim Strategy, other federal regulations apply to ORV and beach use.
These include, but are not limited to, prohibitions on unsafe operation of
a motor vehicle, reckless driving, carrying open containers of alcoholic
beverages in a motor vehicle, and driving under the influence of alcohol or
drugs; requirements to comply with posted speed limits, use seatbelts, stay
within posted ORV corridors, and stay out of posted closures; and
prohibitions on disorderly conduct, pets off leash, illegal camping,
illegal beach fires, and littering.
More information about these planning processes can be obtained at the Cape
Hatteras National Seashore Off-Road Vehicle Negotiated Rulemaking and
Management Plan project website at http://parkplanning.nps.gov/caha. If
you wish to receive electronic information regarding the Off-Road Vehicle
issue, please contact the park at or call 252-473-2111 ext. 148 or send an
email to This email address is being protected from spambots. You need JavaScript enabled to view it. and request to be added to the mailing list.
