THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Saturday, September 17, 1994 TAG: 9409170326
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY DEBBIE MESSINA, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: Long : 119 lines
State and federal agencies and conservation groups are clashing over Back Bay National Wildlife Refuge's decision to close much of the refuge from November to June, a move that will cut off access to isolated False Cape State Park.
The action, aimed at protecting wintering waterfowl, has ignited political warfare as accusations are hurled across the border between the federal refuge and the state park in southeastern Virginia Beach.
Some in False Cape's corner charge that the Back Bay refuge has an ulterior motive of shutting down the state park so the federal government can claim the land.
Some in Back Bay's corner accuse the state of trying to foil the refuge's expansion efforts, in an effort to force the refuge to abandon its seasonal closure.
``It's become a real power struggle,'' said Thomas E. Perlic, executive director of the Back Bay Restoration Foundation, which is staying out of the fray. ``The unfortunate thing is that the only thing that may suffer is Back Bay.''
Beginning Nov. 1, the refuge will close most of its wildlife impoundments and dikes to visitors through May 31. A refuge wildlife study indicates that human activity, such as walking and biking, on interior dikes disturbs the birds.
The beach will remain open for walking, fishing, wildlife observation and permitted vehicles.
In the parts of the refuge that will remain open year-round, $500,000 will be spent to improve visitor facilities - including construction of an observation platform and the establishment of fishing ponds.
Anthony D. Leger, who left his post Friday as Back Bay refuge manager to become chief of realty for the U.S. Fish and Wildlife Service's Northeast Region, defended the closure.
``If birds cannot feed or rest undisturbed on a national wildlife refuge, where can they?'' he asked.
Leger said current public use is not compatible with the refuge's mission of providing a haven where migratory birds can feed and rest so they can return north in their best breeding condition.
Back Bay's dikes, however, are the main thoroughfare to False Cape State Park, which is bounded to the east and west by water, to the south by North Carolina's roadless beaches and to the north by the refuge. To get to the state park, most visitors now hike or bike four miles on the dikes.
During the refuge closure, visitors to False Cape will have to use the beach, a more formidable path because of sand and tides. The only other way to reach the park is by boat.
``It's going to result in some inconvenience,'' Leger said. ``That's an unfortunate byproduct. We are a refuge and not a national park. We are supposed to put wildlife first.''
But Kirby Burch, director of the state Department of Conservation and Recreation, which oversees state parks, called the refuge's plan ``typical of the arrogance of the federal government.''
``The manner in which they handled this says there is something fundamentally wrong with the state and federal relationship,'' Burch said.
False Cape draws its greatest number of visitors in fall and spring. A little more than half of the park's 21,500 visits occurred from November to June.
Leger estimates that about 40 percent of the 100,000 visitors to the refuge come during that time. And less than half of the visitors venture into the areas that will be closed.
Access to the 4,321-acre state park has been an issue since the state acquired the land in the late 1960s and opened it to the public in 1980. Proposals for roads, bridges and even ferries have all been scuttled by costs, environmental concerns and opposition from the Back Bay refuge.
``The entire concept of them (the refuge) being able to restrict our access is unacceptable,'' said Gary Waugh, spokesman for the state Department of Conservation and Recreation. ``They are keeping the citizens of Virginia from visiting lands they purchased and they own.''
Some state officials are so angry about the refuge's action that they've tried to block the federal government from purchasing additional land as part of the refuge's expansion project. The refuge was established in 1938 with 4,600 acres on the east side of Back Bay but has since purchased land on the west side of the bay, bringing the total acreage to 7,700.
``We have to work out this access problem before we support any more acquisitions,'' said Larry Hart, assistant director of boating and facilities for the state Department of Game and Inland Fisheries.
The state tried twice in the last few months to stop $500,000 worth of land deals for the refuge. It was successful in June, forcing the refuge to turn to another pot of money for the land. However, on Tuesday, a federal commission that approves refuge purchases approved another sale despite the state's objections.
Conservation groups are divided on the refuge-closure issue.
For example, the local chapters of the Audubon Society and Sierra Club support the seasonal closure. But the Virginia Wildlife Federation stands behind the state park and its right to access.
The Richmond-based federation is questioning the refuge's motives. ``In view of their attempt years back to take over the park, we wonder if that's what they're doing now,'' said the federation's president, Thomas W. Evans.
In 1978, the U.S. Fish and Wildlife Service tried unsuccessfully to negotiate with the state to swap some of the refuge's beachfront land with land from False Cape State Park and purchase other property inland.
But Leger said Fish and Wildlife has no interest in False Cape now. ``As a matter of policy, we don't try to protect areas that are already protected,'' he said.
The impetus behind the latest closure, Leger said, is a court order that requires refuges to eliminate public uses that are not compatible with their mission of preserving wildlife.
The Fish and Wildlife Service was sued by several national conservation groups, which alleged that some public uses at refuges were damaging to wildlife and wildlife habitat. A settlement last year gave refuges until Oct. 20, 1994, to eliminate disruptive activities. ILLUSTRATION: Color staff photo by D. KEVIN ELLIOTT/
Anthony D. Leger, who left his post as Back Bay refuge manager
Friday, opens a gate at the refuge.
Staff Map
Area shown: Back Bay Wildlife Refuge
by CNB