July 8, 2010


Cape Hatteras National Seashore Superintendent Mike Murray has denied a request by the Southern Environmental Law Center to expand night-driving restrictions after the death of a nesting loggerhead turtle last month on Ocracoke.

The turtle was crushed by an off-road vehicle, probably in the early morning hours of June 24 when the beach was closed to ORVs under the terms of a consent decree that settled a lawsuit against the park for not having a long-term plan for off-road vehicles.  That lawsuit was filed by SELC, on behalf of its clients, Defenders of Wildlife and the National Audubon Society.

The seashore is being managed under the consent decree until there is a long-term ORV rule and a final Environmental Impact Statement, both scheduled to be published by the end of this year.

The consent decree stipulates that the seashore beaches be closed to ORVs from 10 p.m. until 6 a.m. from May 1 through Sept. 16.

In the letter to Murray, dated June 30, SELC said it was responding for that organization and for Defenders of Wildlife and the National Audubon Society

The letter, signed by SELC attorneys Derb Carter and Julie Youngman, says that the National Park Service may “enforce more protective closures or take other measures” than those stipulated in the consent decree.

In light of the “imminent danger” of additional turtle deaths, the SELC attorneys asked that the Park Service immediately implement these measures:

1.    Expand the timing of the night driving ban to the hours between sunset and the time at which the beach is cleared by the Park Service turtle patrol each morning.
2.    Erect barriers to physically close all ORV ramps during those hours by, for instance the use of chains between the posts installed at each ramp.
3.    Increase nighttime monitoring of beaches (using turtle-safe lighting) to detect and deter driving in violation of the night driving rules.

In addition, on July 2, the Cape Hatteras Access Preservation Alliance sent a letter to Murray. 

“Despite decades of ORV use at Cape Hatteras National Seashore,” the CHAPA letter said, “this is the first documented incident of a nesting sea turtle being struck and killed by an ORV at the Seashore.  Yet, despite both the unprecedented nature of this incident and the terms of the Consent Decree, the National Audubon Society, Defenders of Wildlife, and Southern Environmental Law Center (collectively, SELC) unfortunately have decided to use this tragedy as an opportunity to press the National Park Service (NPS) to immediately implement several new measures in order to prevent future harm to sea turtles.”

CHAPA urged Murray to increase nighttime monitoring of beaches to detect and deter driving in violation of the night-driving ban.

And CHAPA encouraged the superintendent to reject SELC’s demand for further restrictions and objected to its request that its letter be considered as a supplement to its original comments on the Draft Environmental Impact Statement.  Comments on the DEIS closed on May 11.

In his letter to SELC and CHAPA, Murray noted that the matter of the sea turtle death was still under investigation.

“At the time of the incident,” he wrote, “the National Park Service was in compliance and continues to be in compliance with the requirements of the consent decree.”

He added that the death of the turtle was “totally reprehensible” and that it “underscores the necessity of improving visitor compliance with resource protection requirements.”

“However,” Murray said, “it is important to recognize this incident for what it was – a criminal violation of the night driving restriction that has resulted in tragic consequences.

“While it is a clear example of the risk that night driving can pose to nesting sea turtles,” he continued, “this is the first ORV-caused fatality of a nesting sea turtle ever recorded at the seashore.”

Murray went on to note that he appreciates concerns about the adequacy of the Park Service enforcement staffing, but that “no realistic amount of law enforcement coverage can eliminate all criminal violations of resource protection measures at the seashore.”

Murray then denied the request to expand the hours of night-driving restrictions and erect physical barriers to close all ramps overnight.   He also denied the SELC request to make further comments to the ones the environmental groups have already made to the DEIS.

“The turtle incident,” he wrote, “despite being a despicable criminal act resulting in a tragedy, is also a learning moment that the NPS will seriously consider in making a final decision about night driving restrictions in the ORV management plan and special regulation.”

Murray did not address another point in the SELC letter that the death of the loggerhead “amounts to an unlawful taking in violation of the Endangered Species Act.” 

“The Biological Opinion for Cape Hatteras National Seashore (dated August 14, 2006, and amended on April 24, 2007) does not provide for an incidental take of even one adult sea turtle,” the SELC letter said.

And the SELC attorneys note that NPS is responsible for “actions that authorize acts that result in a taking of endangered or threatened species.” They go on to note that the Endangered Species Act prohibits the action of those people who actually cause the taking – or death -- but third parties, such as the Park Service, whose actions cause the death.

In other words, SELC, Defenders and Audubon are saying that the actions that the Park Service took – or maybe in this case did not take – caused the death of the loggerhead and that park officials are as guilty as the person who drove the ORV over the sea turtle.


FOR MORE INFORMATION

Click here to read the text of the SELC letter to the seashore superintendent, Mike Murray.

Click here to read the text of a letter by the Cape Hatteras Access Preservation Alliance to the superintendent.

Click here to read the text of Mike Murray’s response to both groups.

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July 1, 2010


June 25, 2010

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