The Virginian-Pilot
                             THE VIRGINIAN-PILOT 
              Copyright (c) 1995, Landmark Communications, Inc.

DATE: Tuesday, January 17, 1995              TAG: 9501170299
SECTION: LOCAL                    PAGE: B3   EDITION: FINAL 
SOURCE: BY DEBBIE MESSINA, STAFF WRITER 
DATELINE: VIRGINIA BEACH                     LENGTH: Medium:   99 lines

CRITICS ATTACK STUDY ON BACK BAY CUTS STATE PARK OFFICIALS QUESTION THE STUDY AND THE NEED FOR HIKING AND BIKING RESTRICTIONS.

Jogging is no longer allowed at wildlife refuges in Rhode Island and New York. Beach use is prohibited at a Connecticut refuge. Picnicking is forbidden at a refuge in Oklahoma.

Federal wildlife refuges across the country have re-evaluated their public uses and are eliminating activities they've determined are harmful to the wildlife they are charged to protect. Nationwide, 99 public uses at refuges have been discontinued or are about to be discontinued.

At Back Bay National Wildlife Refuge in Virginia Beach, hiking and biking on the refuge's interior dikes, or trails, are now prohibited from November to June to protect wintering waterfowl.

The restrictions at Back Bay are particularly contentious because the seasonal dike closure has blocked the primary access to neighboring False Cape State Park. Visitors now must make a 10-mile round-trip trek along the beach to visit the park.

``We are not a parks service, or a state park or a recreation area,'' said Inez Connor, spokeswoman for the U.S. Fish and Wildlife Service in Washington. ``These are not necessarily popular decisions, but they are responsible.

``If we allow activities that disrupt our primary purpose of maintaining wildlife and wildlife habitat, then we're not really carrying out our mandate.''

In 1992, several conservation groups sued the Fish and Wildlife Service for allowing some public uses at refuges that were not compatible with the mission of preserving wildlife. In an out-of-court settlement, refuges were required to identify and eliminate those public uses by October 1994.

Back Bay National Wildlife Refuge went beyond what was required and conducted a yearlong study, using dozens of volunteers and recording the impacts that visitors had on wintering waterfowl. Observation by refuge staff was all that would have been necessary.

``We could have said we've seen people flushing birds out of the pools, but we wanted to document that there is scientific evidence,'' said John Gallegos, refuge biologist. ``We did a study that we didn't have to do. ``We stand by the study. The data is legitimate. It's statistically defensible.''

That study prompted the refuge's recent closure of its interior dikes. Hikers and bikers, the study concluded, disrupted the birds' feeding and resting behaviors.

But state park officials say that the study is flawed and the effects on birds are minimal.

``They say they're basing their decision on this study, but to us the study doesn't show anything,'' said Gary Waugh, spokesman for the state Department of Conservation and Recreation.

The main criticism is that the refuge had to mimic human activity such as walking, hiking and biking because there wasn't enough public traffic to conduct the study.

``If they couldn't find enough disturbance to measure,'' Waugh asked, ``how could there be enough public activity to create a disturbance?''

Gallegos, an author of the study, defended the methodology. He said that there were plenty of visitors, but that they never seemed to be present during their observation periods. Also, to make the results statistically valid, a large number of observations was needed.

``But how many incidents do you need?'' Gallegos asked. ``One incident that flushes the birds is enough to tell me something.''

The state completed a written critique of the study and submitted it to the U.S. Fish and Wildlife Service with its appeal of the refuge's seasonal closure.

Others on the state and national levels have been drawn into the local fray.

Gov. George F. Allen has used the park access issue in his fight with the federal government over what he considers excessive regulation.

U.S. Sen. John W. Warner and Reps. Owen B. Pickett, Herbert H. Bateman and Thomas J. Bliley Jr. wrote Interior Secretary Bruce Babbitt, calling the closure unwarranted and possibly illegal.

``Any time you make a change, somebody is going to be upset over it,'' Connor said.

For example, a Florida refuge sparked controversy by no longer allowing boats, including commercial tour boats, inside the refuge because of the dangers they present to manatees.

``Sure, tour operators were making money on it,'' Connor said. ``But our obligation is to the manatees.'' ILLUSTRATION: File photo

At the Back Bay refuge, trail activities are restricted from

November to June to protect waterfowl. That blocks access to False

Cape State Park.

CITIZEN WORKSHOP

Government officials have stalemated over the access conflict

between False Cape State Park and Back Bay National Wildlife Refuge,

so a group of citizens will seek to step in and offer solutions. A

daylong workshop, ``Citizens for Solutions,'' will be held at 9 a.m.

Wednesday at the Virginia Beach Central Library. The workshop,

hosted by the Virginia Beach Audubon Society and the Sierra Club, is

open to the public.

by CNB