THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Tuesday, November 1, 1994 TAG: 9411010273
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY DEBBIE MESSINA, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: Long : 107 lines
Back Bay National Wildlife Refuge will close most of its trails today, restricting access to neighboring False Cape State Park, despite protests by state officials who fear it will virtually shut down the park.
For the next seven months, visitors must hike five miles on the beach through the refuge or travel by boat to reach False Cape. Back Bay's interior trails or dikes, which were the main thoroughfare to the isolated state park, are closed to protect wintering waterfowl.
Until today, the public had been permitted to walk or bicycle on the dikes. The beach route is harder to travel because of sand, tides and weather conditions.
This latest state-federal clash, in Virginia Beach's southeastern corner, is typical of ``arrogant federal bureaucrats who think that they know best,'' said Kirby Burch, state Department of Conservation and Recreation director. ``Every time the chain gets yanked by the federal government, we're expected to jump.''
But federal officials say they're just trying to do their job.
``We have this unfortunate juxtaposition of the park and refuge,'' said Joe McCauley, acting refuge manager. ``We're here to protect the waterfowl. It's very unfortunate the access (to False Cape) is down the middle of the best waterfowl habitat on the refuge.''
The state's already battling the federal government over what it sees as excessive regulation. Gov. George F. Allen, who visited False Cape last week, is embroiled in a controversy with the Environmental Protection Agency over clean air standards.
The deadlock between the state and the U.S. Fish and Wildlife Service over the refuge's seasonal closure has ignited political warfare.
Burch, in addressing a recent conference of state parks officials from across the Southeast, called the refuge closure an ``abject land grab'' and mocked its don't-touch policy as ``pheasant under glass.''
He also criticized the refuge's policy of altering the landscape (creating impoundments, dikes and water control structures) for the benefit of waterfowl as ``artificially maintained habitat.''
``Much of this manipulation . . . is to improve what God has created,'' Burch said. ``We don't think we can improve on what our Creator made.''
In addition to a war of words, the state unsuccessfully tried to foil the refuge's expansion by attempting to block funding.
Still, U.S. Fish and Wildlife has not relented.
``We can't change our mind because we get political heat,'' McCauley said. ``These decisions are based on biology.''
A refuge wildlife study indicated that human activity, such as walking and biking, on interior dikes disturbs the birds and prevents them from feeding and resting properly so they can return north in their best breeding condition.
Beginning today, the refuge will close most of its wildlife impoundments and dikes to visitors through May 31, 1995. Meanwhile, the northern 1 1/2 miles of the refuge will remain open for walking, biking and wildlife observation. The seasonal closure does not affect the beach.
McCauley criticized the state because it was aware of the access problems when they purchased the park land in the 1960s. The refuge was established in 1938.
``That's not a very thoughtful way to go into a major project,'' McCauley said. ``Now we're all paying the price.''
False Cape draws its greatest number of visitors in fall and spring. Slightly more than half of the park's 21,500 visits occurred from November to June.
Back Bay estimates that about 40 percent of the 100,000 visitors to the refuge come during that time. And less than half of those venture into the areas that are closed.
Gary Waugh, spokesman for the state parks department, said the state's goal is to acquire permanent deeded access into False Cape with no federal limitations.
``It's not the state's intention to have the public drive down there to have unlimited access,'' Waugh said. ``We're not interested in opening it up to become a huge recreational area.''
Waugh said the state just wants the chance to determine what is acceptable use of its own property.
``You don't take a natural resource and lock it up and keep people out of it,'' said Bryan K. Anderson, False Cape State Park manager. ``You need to teach people what it is you're trying to protect. People need to see it, feel it, touch it, smell it to understand.''
The impetus behind the closure is a court order that requires refuges to eliminate public use that is 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 to eliminate disruptive activities. ILLUSTRATION: Staff photo by D. KEVIN ELLIOTT
Michael Watt, 14, left, and his brother, Douglas Watt, both of
Virginia Beach, look into False Cape State Park from the main
entrance. Starting today, visitors can reach the park only by hiking
five miles along the beach in Back Bay National Wildlife Refuge.
Staff map
Back Bay National Wildlife Refuge
False Cape State Park
For copy of map, see microfilm
KEYWORDS: BACK BAY NATIONAL WILDLIFE REFUGE
FALSE CAPE STATE PARK
by CNB