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

DATE: Thursday, March 23, 1995               TAG: 9503230555
SECTION: LOCAL                    PAGE: B3   EDITION: FINAL 
SOURCE: BY DEBBIE MESSINA, STAFF WRITER 
                                             LENGTH: Medium:   70 lines

TODAY, U.S. SENATORS MAY INTERVENE IN FALSE CAPE DEBATE

With state and federal officials squabbling over access to False Cape State Park through Back Bay National Wildlife Refuge, Congress may step in and order them to kiss and make up.

Sen. John W. Warner is trying to get Congress to force a resolution to the 25-year dispute that climaxed last year when the refuge tightened access restrictions to the park.

Warner's proposal, an amendment to an endangered-species bill, will be considered by the Senate Environment and Public Works Committee today. The amendment orders Gov. George F. Allen and Interior Secretary Bruce Babbitt to find a permanent solution to the access problem. It also seeks to lift the latest restrictions until an accord is reached.

Meanwhile, the refuge is considering relaxing access restrictions in response to recommendations from a citizens group.

While many view the move as a first step toward compromise, the state remains skeptical.

``We just see this as a stalling tactic,'' said Gary Waugh, a state parks spokesman. ``They're giving in a little as a way to continue to control access.''

Last fall, the refuge closed its interior dikes, or roads, from Nov. 1 to June 1 to protect wintering waterfowl. Before the seasonal closure, the dikes were open to hikers and bikers year-round. Private vehicles have always been prohibited.

A state bus that transports groups for environmental education programs at the park was also kept from using the dikes during the closure.

Park visitors now must hike or bike 10 miles round-trip on the beach to reach the park. The only other access is by boat.

Park visitorship has plummeted. In a winter month, the park typically saw 600 visitors, but those numbers were 35 to 45 this winter.

Conversely, bird use of the refuge has increased. In January, the number of wintering waterfowl using the areas around the dikes increased 30 percent over last year, according to refuge officials.

The state will accept nothing less than permanent deeded access through the refuge.

``Some have accused the state of being hard-headed or unreasonable for taking this stance,'' the state wrote to a local citizens group. ``Realize, that were these any two landowners, other than a state and federal government, this access issue would have been resolved at the time of the sale. No court would allow one landowner to deny a permanent easement to a landlocked owner.''

But Joe McCauley, acting refuge manager, said it's unlikely that the state will ever get deeded access.

``We don't feel comfortable allowing the state to set the limits of use across a federal wildlife refuge,'' he said.

McCauley is considering shortening the closure period one month in the spring and one month in the fall, from Dec. 1 to May 1. He's also looking at allowing the state bus to use the dikes in November, March, April and May on a limited basis. The bus already does not run from December to February.

A local group, Citizens for Solutions, believes the issue could be resolved without interference from Richmond or Washington.

``Although I agree with the amendment's concept of having the state and federal government negotiate through this problem, I strongly believe that this should be done at the local level, refuge manager and park manager,'' said Molly P. Brown, a member of the citizens group. ``I do believe that there is room for compromise between limited and unlimited access.''

KEYWORDS: FALSE CAPE STATE PARK BACK BAY NATIONAL WILDLIFE REFUGE

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