US District Court Judge Terrence Boyle has called for a closed meeting next week in his office in Elizabeth City to review the case of the lawsuit over beach driving on the Outer Banks. Although an agreement has been reached by the parties involved in the lawsuit the judge still has to approve the settlement. He has several questions about the terms of the settlement and whether it is fair to all parties.

After two weeks of negotiations the agreement was completed after Dare and Hyde counties and the Cape Hatteras Access Preservation Alliance voted to approve it. 

A few of the highlights of the 23 page agreement are as follows:

* Night driving will be restricted from May 1 to November 15 at potential turtle nesting areas. It may be allowed    by permit only between September 16 and November 15. The buffer zone will be significantly increased for unfledged piping plovers.

* Establishment of pre-nesting areas at the six locations that had been slated for closure (Bodie Island Split, Cape Point, South Beach, Hatteras Split and the north and south points of Ocracoke) and setting up varying buffers for breeding and nesting and for unfledged chicks.

* Creation of an "ORV-free zone" on the ocean backshore from March 15 to November 30.  There is a requirement to issue public notices of proposed pre-nesting-related closures and reports about protected species activities. It requires automatic expansions of buffers and pre-nesting areas by 164 feet with the first violation, by an additional 328 feet with a second violation and by an additional 1640 feet or more with a third violation. (A violation would be considered a deliberate act that disturbs or harasses wildlife.)

*A final ORV management plan must be completed by the Park Service by December 31, 2010.

* A 24-hour telephone line must be set up so that people can report illegal activities and unsafe conditions.

* The Park Service is obligated to pay reasonable attorney fees for the environmental groups' lawyers.

To me it sounds like there has been some compromise. The beach areas in question will not be closed but there will be certain limitations set. It is only fair that if the wildlife can share the beach with us then we can certainly share with the beach with wildlife. I believe that there is room for all, just like in any natural setting. I also believe that people should be educated as to proper beach behavior, whether they are driving onto the beach, walking onto the beach or arriving by boat and just like any situation there are certain rules of etiquette.

* First and foremost you should always be considerate of those around you! Human and non-human.

* Do not attempt to drive onto the beach if your vehicle is not a four wheel drive.

* Drive at an even pace.

* Do not litter. Clean up behind yourself.

* Mind the speed limit. The standard speed limit for beach driving is 25 mph.

* Park above the high tide line.

* Do not drive between parked vehicles and the shoreline. This is very dangerous and very inconsiderate.

If you can think of other rules of etiquette for beach driving please share them.