LIBBA
Long Island Beach Buggy Association
Keepers of The Beach
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http://www.charlotteobserver.com/2010/08/18/1628829/piping-plover-wins-beach-battle.html

Piping plover wins beach battle in court

By Barbara Barrett
Washington Correspondent
Posted: Wednesday, Aug. 18, 2010
Staff

A piping plover and chick look for food. The U.S. government is setting aside seashore to protect the endangered bird. ELISE AMENDOLA - AP


WASHINGTON A federal judge ruled Tuesday that the U.S. Fish and Wildlife Service did not infringe on the rights of Outer Banks business owners or impose unnecessary restrictions when it established a critical habitat to protect an endangered bird, the piping plover.

Environmental groups called the decision a win, saying the ruling gives one more layer of protection to the small shorebird that winters and breeds along the Cape Hatteras National Seashore.

But John Couch, president of the Outer Banks Preservation Association of Buxton, said the extra layer isn't necessary and could affect off-road recreational vehicle traffic and pedestrians.

"The amount of money spent on this bird and how it equates to preventing beach access in a tourist economy is unforgivable," Couch said. "These birds don't need over-protection. That chokes off the economy."

He and others have argued that the critical habitat could lead to a ban on access to the coastal beaches, affecting the livelihood of local fishermen and the tourist economy.

The decision Tuesday, by U.S. District Chief Judge Royce Lamberth, denied a motion by the Outer Banks preservation group to block critical habitat for the bird. A critical habitat is a geographic area considered essential to conserve a threatened or endangered species and is one that may require special management or protection.

The piping plover habitat in North Carolina was established in 2008 by the U.S. Fish and Wildlife Service and covers about 2,050 acres in Dare and Hyde counties. It includes separate protection areas at Oregon Inlet, Cape Hatteras, Hatteras Inlet and Ocracoke Island.

Lamberth wrote in his opinion that the federal government "properly considered economic and other impacts" as required by law. The case was heard in the District of Columbia federal court.

The decision leaves in place the critical habitat established by the Fish and Wildlife Service.

It does not, however, affect ongoing work by the U.S. government to establish a permanent wildlife management plan for the piping plover, which has been protected under the Endangered Species Act since 1985. That work also is being watched closely by environmental groups and Outer Banks' business and government interests.

Jason Rylander, who represented the Washington-based advocacy group Defenders of Wildlife in the case, said his group was pleased with the outcome. "It just provides another layer of review to ensure that habitat values that protect plovers are protected," he said.



Read more: http://www.charlotteobserver.com/2010/08/18/1628829/piping-plover-wins-beach-battle.html#ixzz0x8uK5GmD
To: LIBBA Constituents holding 2010 NYS 4x4 Fishing Permits
Date: August 19, 2010
Subj: Democrat Point Beach Access
 

Fences have been removed so permit holders have access to the back side of Moses.  Demo would be open but we need to grade so there is safe access.  We are going to do that tomorrow [Friday 8/20/10].  At periods of high tide still might be a problem. Enjoy and be safe.  

 

Elizabeth Wintenberger

Facility Manager

Robert Moses/ Captree State Parks
Looking East at temporary fence with Rock Jetty at my back

Piping Plover Incident Commentary by LIBBA member 1144   July 28, 2010

On Friday July 2nd 2010 at Demo, there was an incident which involved several piping plovers and a 4wd beach user.

piping plover with chick
Parent and chick on the Atlantic coast, Cape May, New Jersey, USA

There have been several variations of the incident and after my chatting with NY State Police and NY State employees; I wanted to share some of the facts which have been shared with me.

This is Not a first hand accounting of the incident so please keep this in mind.

The reason for my sharing these facts is to debrief our constituents with some portion of the circumstances surrounding the incident so you are aware of the information considered leading up to the decisions made which has impacted our access to the beach areas on the west end of Demo closest to the rock jetty including access to the back bay.

 

The net is, several very young Piping Plovers, ventured out of their normal nesting ground from the dunes when 2 of them found their way into the 4wd tire ruts in the sand at a most inopportune time. The good news is, other young birds who also ventured far away from their nests were gently corralled and steered back into the Dunes by concerned Good Samaritans.

 

This incident occurred within the first 1/3rd of the actual beach area just beyond the south eastern  most point from the beach access road.

 

The Piping Plover is a small sand-colored, sparrow-sized shorebird that nests and feeds along coastal sand and gravel beaches in North America which IMPORTANTLY is on the US Federal Endangered Species List.

 

Federal Endangered Species List; Recognizing the Piping Plover is endangered, this means in essence our federal government is committed to helping to preserve the species. The piping plover became a protected species under the Endangered Species Act on January 10, 1986. Along the Atlantic Coast it is designated as threatened, which means that the population would continue to decline if not protected. The Endangered Species Act provides penalties for taking, harassing or harming the piping plover and affords some protection to its habitat.

 

This said, the federal government has the right to completely close down our entire beach due to this mishap but thanks to NY State friends of LIBBA  who helped to negotiate a fair and amicable resolution to this circumstance, it was agreed to close down a portion of the beach to 4wd traffic, ‘200 meters’ from the rock jetty. This closing will be in effect through the Piping Plover nesting season until some time in September – October 2010. We will check into re-opening dates and publish as a fact when known.

 

The moral to this commentary is, the consequences of this incident could have been much worse so PLEASE reconsider the ways in which we support our Long Island ecology and especially what more we can do as individuals as well as within our organized group of interested parties, to help with conservation and the wildlife in our back yards and on our planet.


  • Do not EVER drive into nor on the dunes
  • Respect all areas fenced or posted for protection of wildlife.
  • Do not approach or linger near piping plovers or their nests.
  • If pets are permitted on beaches used by plovers, keep your pets leashed. Keep cats indoors.
  • Don't leave or bury trash or food scraps on beaches. Garbage attracts predators which may prey upon piping plover eggs or chicks.
  • Be ever diligent while driving on the beach taking wild life into consideration
  • It’s always OK to remind others to be most conservation-ally prudent


Feel free to call the LIBBA hot-line or to respond with any of the feedback forms online if there is anything you would like to share with your LIBBA friends and folks who really do care.


Jetty reopening dates will be posted when known.
Looking West to rock jetty with temporary fence at my back
http://www.newsday.com/long-island/federal-officials-investigate-piping-plover-deaths-1.2124293


Federal officials investigate piping plover deaths

Originally published: July 20, 2010 9:46 PM
Updated: July 20, 2010 10:47 PM
By JENNIFER SMITH  jennifer.smith@newsday.com


QUICK SUMMARY

The death of two piping plover chicks earlier this month at Robert Moses State Park has prompted an investigation by federal wildlife officials.

A file photo of a

Photo credit: Bill Davis | A file photo of a Piping Plover.

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The death of two piping plover chicks earlier this month at Robert Moses State Park has prompted an investigation by federal wildlife officials - and a new protective fence that, for now, blocks off-road vehicle access to fishing spots on the bay side of Democrat Point.

Piping plovers are small, federally protected birds that nest on the open beach, leaving them vulnerable to predators and disturbance from beachgoers and vehicles.

The tiny chicks killed at Robert Moses were found dead July 2 in an off-road driving area between the golf course and the park's western tip. Biologists believe the birds were traveling from one nesting spot near the golf course to forage for food at another breeding area by a jetty about a mile west.

"They were found in the tire treads," said U.S. Fish and Wildlife Service biologist Steve Papa. "The chicks were about a week old, so they'd be a couple inches long."

Park workers, conservation advocates and volunteers from the Long Island Beach Buggy Association monitor the beach each year for plovers and build string fences to mark off breeding areas that need protection.

But this is the first time plovers were observed in the off-road vehicle area, which usually stays open all season whether or not the birds were breeding nearby, according to a July 13 letter from the service to the state Office of Parks, Recreation and Historic Preservation.

The letter called the chicks' death "a serious matter," and said the service was investigating. It recommended parks officials close an area by the jetty to vehicles and increase checks to see if plovers are using the larger off-road stretch to travel between breeding grounds.

To prevent further fatalities, park managers have fenced off an area extending about 650 feet around the jetty. Five plover family groups were there earlier this month. The fence went up on Friday, said regional parks director Ronald Foley.

"That effectively closes off more than just that area because it's the route that off-road vehicles would take to the bay side," Foley said. Anglers can still reach that side of Democrat Point on foot, he said.

It is the second time in two years piping plover chicks have been killed by an off-road vehicle at a Long Island state park. Last year, a truck barreled through fencing at Hither Hills State Park and killed a chick, Papa said.

U.S. Fish and Wildlife wants parks officials to more closely monitor the movement of breeding plovers along the beach. If broods that nest there are highly mobile, then the new buffer may have to be increased.

"Knowing now that the birds might take their chicks down to Democrat Point, you can't have off-road vehicle access right there," Papa said.

Foley said he did not anticipate more extensive bans on beach driving at Robert Moses park.

"I've heard a couple of complaints but nothing serious yet," Foley said.

But some anglers said the new fence shrinks parking space and makes it even harder for them to reach fishing spots. "We lost a lot of access as it was because of erosion from spring storms," said Steve Vallone of the Mid-Island Surfcasters club. "It's a big to-do."