Fire Island
National Seashore
Environmental Assessment for Endangered Species Habitat Management (2/98)

Type of Statement: Environmental Assessment for the Fire Island National Seashore
Endangered Species Habitat Management Plan

Proposed Action: Preferred Alternative 2.2: Improve Habitat by Limiting Disturbance

Lead Agency:
National Park Service
Fire Island National Seashore
120 Laurel Street
Patchogue, New York 11772

Cooperating Agencies: U.S. Fish and Wildlife Service

For further information: James Ebert
Fire Island National Seashore
120 Laurel Street
Patchogue, NY 11772
(516) 289-1711

Table of Contents

1.0 Purpose of and Need for Action 6
1.1 Background
1.1.1 Relevant Law and Policy
1.1.2 Relevant History
1.1.3 Rationale for Improved Habitat Management

2.0 Description of alternatives
2.1 No Action Alternative (1993 Plan)
2.2 Preferred Alternative - Improve Habitat by Limiting Disturbance
2.2.1 Inventory & Monitoring Habitat:
2.2.2 Limit Disturbance of Endangered Species:
2.2.2-1 Minimize Disturbance from O.R.V.s
2.2.2-1(A) Seasonal Vehicle-Free Beaches:
2.2.2-1(B) Make Sailors Haven Vehicle-Free Year-Round:
2.2.2-1(C) Identify Alternatives to Beach Travel:
2.2.2-1(D) Exceptions for "Lights & Siren Emergencies":
2.2.2-2 Control Other Disturbances to Endangered Species:
2.2.2-3 Introduce Graduated Beach Habitat Management:
2.2.2-3(A) General National Seashore Beaches
2.2.2-3(B) Water Island and Cherry Grove Areas
2.2.3 Public Education:
2.3 Alternatives Considered but Rejected
2.3.1 Relocation or Introduction of Specimens:
2.3.2 24-Hour Vehicle Escort System Through Habitat:
2.3.3 Vehicle-Free Beach Designation Beginning One Week Prior to Hatch Date:

3.0 Affected Environment
3.1 Overview of barrier island ecology
3.2 Habitats
3.2.1 Swale:
3.2.2 Primary dune:
3.2.3 Foredune:
3.2.4 Supratidal or upper beach:
3.2.5 Wrackline:
3.2.6 Berm crest:
3.2.7 Intertidal beach:
3.2.8 Ephemeral pool:
3.2.9 Washover:
3.3 Focus Species
3.3.1 Common Tern:
3.3.2 Least Tern:
3.3.3 Northeast Beach Tiger Beetle:
3.3.4 Piping Plover:
3.3.5 Roseate Tern:
3.3.6 Seabeach Amaranth:
3.3.7 Seabeach Knotweed:

4.0. Environmental Consequences
4.1 No Action Alternative
4.2 Preferred Alternative - Improve Habitat by Limiting Disturbance
4.2.1 Inventory and Monitor Habitat
4.2.2 Limit Disturbance to Endangered Species
4.2.2-1 Minimize Disturbance from ORV's
4.2.2-1(A) Phased Seasonal Vehicle-Free Beach
4.2.2-1(B) Sailors Haven Beach Vehicle-Free Year-Round
4.2.2-1(C) Identify Alternatives to Beach Travel
4.2.2-1(D) Exceptions for "Lights & Siren" Emergencies
4.2.2-2 Control Other Disturbances to Endangered Species
4.2.2-3(A) Introduce Graduated Beach Habitat Management
2.2.2-3(B) Cherry Grove and Water Island:
4.2.3 Public Education

5.0 Compliance Requirements

6.0 Consultation and Coordination

Synopsis of Preferred Alternative (2.2)

BIBLIOGRAPHY

APPENDICES
Appendix A: Executive Order #11644A
Appendix B: Executive Order # 11989
Appendix C: Representative List of Constituents Receiving this Environmental Assessment for Public Comment
Appendix D: Generic Beach Habitat Diagram
Appendix E: Breeding/Germination Timelines
Appendix F: Fire Island Endangered Species Habitat Use
Appendix G: Fire Island Map, East
Appendix H: Fire Island Map, West

Fire Island National Seashore contains potential habitat for several federally and state-listed threatened and endangered species. For the purposes of this environmental assessment, the term "endangered" will be used generically to encompass all species listed as either "threatened" or "endangered" by the Federal and New York State governments. The park is legally required to actively create conditions that will promote the recovery of endangered wildlife. In accordance with the National Environmental Policy Act (NEPA), this Environmental Assessment (EA) will assess the following topics:

* relevant laws, including Executive Order 11644, Use of Off-Road Vehicles on the Public Lands; Executive Order 11989, Off-Road Vehicles on Public Lands; and the Code of Federal Regulations (CFR) Title 36. Sec. 1.5 and Sec. 4.10

* the park's 1994 Environmental Assessment for the Management Plan for Shoreside Species Breeding Habitat (called here, the 1994 Plan)

* relevant current and past park management practices

* National Park Service (NPS) and U.S. Fish and Wildlife Service (USF&WS) consultation on current and proposed park endangered species management actions

* alternative management actions, including recommended action

* anticipated consequences for each management action

The preferred alternative recommended in this EA will focus on improving the Atlantic coast habitat of Fire Island National Seashore, thus creating more favorable conditions for the preservation of natural processes and biological diversity. All wildlife, including endangered species, in the ecosystem will benefit. With improved habitat, the national seashore will be likely to have more success with meeting recovery targets (as broadly defined by the US Fish and Wildlife Service) for endangered species. The emphasis on improving habitat will also benefit wildlife that is not now listed but that may be in the future, such as sea rocket (Cakile edentula) and dunlin (Calidris alpina).

Following public review of this EA, an analysis of public comments will be made. Then, the National Park Service will issue either a Finding of No Significant Impact (FONSI) or a Record of Decision regarding endangered species habitat management.

1.1 Background

1.1.1 Relevant Law and Policy

According to the 1988 National Park Service Management Guidelines, parks are required to protect federally listed species:

"The NPS will identify and promote the conservation of all federally listed threatened, endangered, or candidate species within park boundaries and their critical habitats. As necessary the Park Service will control visitor access to and use of critical habitats and it may close such areas to entry for other than official purposes. Active management programs will be conducted as necessary to perpetuate the natural distribution and abundance of threatened or endangered species and the ecosystems of which they depend."

Federally-listed species that consistently use park habitat are the piping plover (Charadrius melodus) and the seabeach amaranth (Amaranthus pumilis). The federally-listed endangered roseate tern (Sterna dougalli) has been sighted in 1993 through 1995 when habitat monitors were trained to look for this shorebird, but has not been observed to breed on Fire Island. A fourth species that has not been sighted on Fire Island within the recent past, but that has been restored to nearby areas and could potentially be found on Fire Island, is the northeast beach tiger beetle (Cicindela dorsalis dorsalis).

The park is also required to protect New York State listed wildlife, in accordance with the Endangered Species Act:

In carrying out the program authorized by this Act, the Secretary [of the Interior] shall cooperate to the maximum extent practicable with the States. (Section 6[a])

State-listed species that use park habitat include the common tern, (Sterna hirundo), least terns (Sterna albifons), and seaside knotweed (Polygonum glaucum). All the federally and state-listed species listed here are discussed in more detail in section 3.0.

In addition to compliance with legal requirements cited above, the National Park Service has also set as its national strategic plan goal (IA2) the improved status of endangered species within the parks. Finally, mandates aside, the service recognizes that the American public values the preservation of endangered species for the sake of the overall health and biodiversity of the environment. This value is also identified in the ESA, which attributes to endangered wildlife "aesthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people."

1.1.2 Relevant History

Park Environment: The 1964 national seashore enabling legislation states, "The Secretary shall administer and protect the Fire Island National Seashore with the primary aim of conserving the natural resources located there."

The National Seashore consists of 26 miles of the 32-mile long barrier island situated off the south shore of Long Island. Seven miles of the island, between Smith Point and Watch Hill, comprise the only federal wilderness area in New York, the Otis G. Pike Wilderness Area, and the only National Park Service Wilderness in the northeastern United States. The other parts of the island are more developed (see map for details). The Smith Point County Park (from Smith Point West to Moriches Inlet) falls within the boundaries of the national seashore, but is administered by the county park commission. Seventeen private resort communities were first established on Fire Island beginning at the turn of the century, and were well-established by 1964.

The presence of communities greatly complicates the management of the natural resources on the national seashore. The four thousand homes on the island are primarily used as vacation homes. Residents and constituents of the island view it as an area to escape the heavily developed urban and suburban areas of Long Island and metropolitan New York (Weir, 1996). Although human occupation is primarily seasonal, impacts associated with human presence, such as vehicular traffic, solid waste production, ground water contamination, and habitat fragmentation, affect the environment of the national seashore. The absence of a paved road, which makes Fire Island unique in this country among developed barrier islands, further complicates these impacts. Though roadlessness seems on its face to promote environmentally sound conditions, it has actually led to a complicated system of permitted off-road-vehicle driving. Affected constituents include public service agencies (police, telephone, electric utilities), community residents and contractors, and those with sportsmen's driving permits.

In addition to this complex set of political dynamics, field staff have frequently reported negative comments from park residents and constituents who are likely to be inconvenienced by shoreside habitat management. Field biologists have received comments alluding to destructive actions that angered constituents may take against the habitat or endangered species. Three incidents, isolated but similar in spirit, have recently affected endangered species within park boundaries. The first incident occurred in the summer of 1994. An unknown person entered a signed, symbolically fenced, and exclosed piping plover nest and stole four piping plover eggs about one week before hatching. The second occurred in the summer of 1997. Reportedly, a youth at Smith Point County Park clubbed a piping plover to death. It is unclear whether either of these incidents could have been prevented with increased management efforts, but the fact that they took place at all bespeaks a challenging social climate for any habitat management efforts. In the third incident, in August of 1997, Brookhaven Town employees with beach driving permission allegedly removed whale bones from a carcass on the beach in front of the Otis G. Pike Wilderness Area. At this time, no one involved in any of these incidents has been positively identified or met with disciplinary actions or legal charges.

Given the complexities of Fire Island National Seashore and the negative or even hostile climate the community sometimes displays, park management is challenged with weighing constituent needs and practices with the preservation mission and goals. As indicated above, a primary goal of the service and this park is to improve the status of endangered species. That effort must be grounded in strenuous management of Atlantic Coast habitat.

Adverse impacts to endangered species can be categorized as natural (predation, storms) and human-generated. Sometimes, natural impacts are exacerbated by human influence. For example, piping plover predators such as fox, feral cats, and crows may be present in the environment because of human influence. In its effort to improve habitat, the park is best able to control human variables. These factors include off-road vehicle driving, pets on the beach, predators drawn by human impacts such as trash cans, vandalism and purposeful destruction of the species, and even the presence of pedestrians in close proximity to nests. Off-Road Vehicles (ORVs) are of concern to habitat preservation nationwide, and are the subject of two Executive Orders. EO 11644 requires parks to "not permit vehicles" where there is a threat to wildlife. A later EO, 11989, requires parks to immediately close ORV trails where and when they cause adverse effects. (See Appendices A & B.)

The 1994 Plan and Subsequent Modifications: In 1986, the piping plover was listed under the Endangered Species Act as threatened. At around this time, the park began fencing, public education, and annual data collection for the Long Island Colonial Waterbird Survey. An early strategy used in national parks in the former North Atlantic region, including Fire Island National Seashore, was to permit ORV's to pass through habitat known to be in use by piping plovers in "vehicle corridors." This strategy proved unsuccessful; several plover chicks (though not at Fire Island) were trapped in tire ruts and then crushed by passing vehicles. In the early 1990's, the park used a scheduled pedestrian escort system to lead ORVs through habitat in active use by endangered shorebirds. This system was less than effective, partially because of lack of cooperation by ORV drivers and lack of adequate staff to fully enforce the policy. During this time, vehicles did crush two piping plover chicks (as verified by NY State necropsy) at Fire Island National Seashore.

From 1992 through 1994, in consultation with the US Fish & Wildlife Service, the park developed the Environmental Assessment for the Management Plan for Shoreside Species Breeding Habitat. During the development of both the 1993 interim plan and the 1994 plan, the park held many discussions and meetings with public service agencies and other constituents (such as sports drivers) who use ORVs on the beach. This plan identified beach habitat most suitable for breeding and nesting of endangered shorebirds. Twelve of the twenty-six miles administered by the national seashore are characterized by a relatively wide, sparsely-vegetated beach. This area could potentially be used by endangered species, but the narrowness of some sections of these beaches in these areas makes it unlikely that shorebirds would nest along the narrow sections. Up to six miles of the above suitable habitat, including Sailors Haven, Long Cove, and Old Inlet, were identified as the most likely to be used for breeding and germination by endangered species.

Endangered vegetation and shorebirds have historically been found in this most-favorable habitat. The quality and quantitiy of suitable habitat changes over time due to the dynamic aspect of a barrier island.

The plan called for the park to cease using the ineffectual pedestrian escort system, and instead designated the most favorable habitat areas--Sailors Haven and Bellport Beach to Old Inlet--as vehicle-free. (US Fish & Wildlife Service guidelines stipulate creating at least a 50-meter, disturbance-free buffer around piping plover nests, but much of the beach on Fire Island is less than 50 meters wide.) According to the 1994 plan, if endangered species were found outside of these zones, the park would have taken management actions based on the ecological nature of the situation.

After the first year of implementation, the Suffolk County Police commented to the park that they had incurred increased costs and labor contract issues from changing from their accustomed patrol routines on Fire Island. This objection was somewhat mitigated by the fact that the Smith Point Bridge had been closed for construction for eight months prior to the creation of the 1994 vehicle-free beach (thereby requiring the police to enter the beach from the west entrance and use boat transportation instead of entering the beach at Smith Point). In response to these concerns, park management decided to explore vehicle travel through the Otis G. Pike Wilderness Area. (The Wilderness Area is bounded from the toe of the primary dune to the bay, which enables ORV driving on the Atlantic beach.) However, this option was not legal, would notably compromise the wilderness aspect of the area, and was never used.

From 1995-1997, the 1994 plan was modified with yearly consultation with the USF&WS. With every modification, however, park management allowed vehicle access, even in areas previously designated as vehicle-free and even during the season when piping plovers and terns typically establish territory and perform early breeding activities (beginning in March).

Endangered species breeding and germination productivity has been relatively lower on Fire Island than in areas with similar habitat. The implementation of the 1994 plan and its later modifications did not improve habitat for endangered species. Piping plover nesting activity diminished in 1995. No piping plovers nested in the national seashore in 1996-97. Least tern nests on the Atlantic beach survived only an average of four to six days in 1997. (Several conditions, including consistent presence of adults, incubation period, and fertility of eggs, must be present in order for tern nests to be viable. For successful hatching, tern nests must be viable for approximately 26 days.) In 1997, no seabeach amaranth were found.

From the beginning of its efforts to manage habitat for endangered species, Fire Island National Seashore did not fully adopt management actions being used in similar habitats by other agencies or NPS units. These management actions include reduction or elimination of ORV traffic, banning of pets and kite-flying, and intensive habitat monitoring and protection. The preferred alternative recommended in this EA will seek to fully incorporate management actions which have been proven successful in promoting favorable habitat in other areas.

1.1.3 Rationale for Improved Habitat Management

USF&WS national recovery plans for Federally-listed species (piping plover, roseate terns, northeast beach tiger beetle, seabeach amaranth, etc.) set recovery goals, and identify the need for habitat to be available. Susan P. Elias-Gerken, in her masters report "Piping Plover Habitat Suitability on Central Long Island, New York, Barrier Islands," stated that habitat "should be boosted if New York is to contribute to the Atlantic coast Piping Plover recovery effort (Elias-Gerken, pg.107)".

Shorebird researchers frequently note the destructive influence of human-caused factors on piping plover nesting behavior. For example, Cape Cod shorebird researcher Edwin Hoopes found that at Cape Cod "plovers were most tolerant of pedestrians and least tolerant of pets, kites, and ORV's," and also,"We believe the pair of piping plovers attempting to establish a territory at Race Point in the absence of ORV's in late April of 1989 may have been prevented from successfully establishing their territory when ORV's were allowed on the beach prior to nest initiation" (Hoopes Report, 1993). Similarly, in 1987, shorebird researcher Laurie MacIvor et al. noted increased use of berm [supratidal] habitat by nesting plovers on South Beach Island, Massachusetts (Chatham/Orleans) during the first year that ORV's were absent from the island.

The park also needs to prevent habitat fragmentation. If the habitats being used by endangered species are isolated, their populations are less likely to increase. It is best if there are several similar habitats available within a given area, so that if one habitat is disturbed, the wildlife can find another. Also, if populations increase, the additional wildlife will need additional habitat.

2.0 Description of alternatives

2.1 No Action Alternative (1993 Plan)

NEPA guidelines define the "No Action" alternative as making no changes from existing conditions. In this case, that means continuing to use the 1994 plan, incorporating periodic review by park management.

Under this alternative, the beach in front of Sailors Haven would continue to be closed to vehicles year-round. The Sailors Haven East beach (.2 miles just east of the Sailors Haven vehicle cut) and the beach from Watch Hill to Old Inlet would be seasonally vehicle-free from April 15-August 15 (or later if chicks have not yet fledged).

The park would continue to work with public service agencies to explore alternatives to the custom of using the beach as the main route of transportation on the island. Alternatives could include increased use of small vessels and ferries, improved signs and education, and cooperative arrangements in which other public agencies could use the park barge, docks, and gas pumps.

2.2 Preferred Alternative - Improve Habitat by Limiting Disturbance

The actions recommended in this alternative will enable the park to manage habitat for acceptable conditions for endangered species and other wildlife. This alternative is consistent with USF&WS guidelines and species recovery goals. Finally, this alternative would allow for visitor, resident, and public service access to the national seashore. This alternative is categorized under three general action steps: (2.2.1) inventory and monitor habitat, (2.2.2), limit disturbance of endangered species, and (2.2.3) public education.

2.2.1 Inventory & Monitoring Habitat

The best type of park management is being informed by data obtained through consistent and thorough inventory and monitoring. The park has at its disposal several years' worth of data relating to endangered species and habitat management, but the process of gathering data is always continuous. Monitoring efforts will go beyond the minimal guidelines articulated in the USF&WS Atlantic Coast Piping Plover Revised Recovery Plan. Trained field biologists will be dedicated to the endangered species program, but all park staff will participate in an integrated effort to protect habitat. Between March and September, habitat will be monitored daily, but most intensely before 10 A.M. and after 4 P.M., when endangered shorebirds are typically most active. The field biologists will observe each historically known nesting area for at least a half hour and record their observations. They will also monitor and rectify potential disturbances to the endangered species.

The Park will also seek to improve the inventory and monitoring program in the long term. Sound habitat management requires that inventory and monitoring, data collection, storage and retrieval be performed with professionalism and consistency. Currently, the park relies primarily on Student Conservation Association volunteers, hired new each season, to perform these duties. As a result of this high turnover rate, the volunteers have limited time to develop their skills, and the park exerts a lot of time and energy annually to retrain new volunteers as field biologists. In the long term, the park will need to redirect operating funds for permanent biological technician positions. This inventory and monitoring work provides a personnel pool for future wildlife biologists and researchers.

2.2.2 Limit Disturbance of Endangered Species

This action step consists of three parts: (2.2.2-1) minimize disturbance from O.R.V.s, (2.2.2-2) control other disturbances, and (2.2.2-3) introduce graduated beach management practices.

2.2.2-1 Minimize Disturbance from O.R.V.s

2.2.2-1(A) Seasonal Vehicle-Free Beaches:

Because off-road vehicles are a primary threat to park habitat, and because any changes in off-road driving practices on the national seashore directly affect a number of constituents, a number of actions are proposed here. First, the park will gradually phase in longer seasons in which the habitat will be free of vehicles, as follows:

1998: Two beaches vehicle-free from April 1-July 15
1999: Designated beaches vehicle-free from March 1-July 15
2000: Designated beaches vehicle-free from March 1-September 1

For 1998, the two beaches will be the 0.2 mile section just east of the Sailors Haven cut and the approximately 5.0 miles of beach from Long Cove through Old Inlet. Historically, in both these areas, piping plover and least tern chicks have fledged, and seabeach amaranth and seabeach knotweed have germinated. In any year, the vehicle-free season will be extended if eggs or chicks are still present after the later date. Protection measures may also be extended if other endangered species breeding or germination activity warrant.

This alternative identifies earlier dates for barring vehicles from the beach because the park has observed plovers arriving in this area in mid-March. Arriving plovers will be able to establish territory and perform courtship without the disturbance of vehicles routinely driving on the beach (estimate routinely 25 to 50 round trips per day). Earlier closure will also permit wrackline to develop without vehicle disturbance, which will preserve habitat for foraging shorebirds and invertebrates.

Sightings of piping plovers in mid-March have been reported by knowledgeable staff on routine vehicle patrol. It is highly probable, however, that plovers are arriving even earlier than this but not being identified, because they typically fly away from or circle around approaching vehicles, thus decreasing the chance that they will be seen by the vehicle driver. Without vehicle traffic, walking field biologists monitoring the habitat for endangered shorebirds will have an improved probability of discovering them.

On the other end of the closure, the full expansion to September 1 takes into account that plovers and terns on Fire Island tend to nest late, and some pairs do not successfully nest until the second or third attempt, which may occur in July and August. The later date will also allow vegetation additional time to grow to a size permitting field identification, flowering, and seed dispersal. Furthermore, it will give plovers and terns a brief undisturbed period for staging and feeding prior to their flight south for the winter.

Finally, the gradual phasing in of an extended beach closure period over a three-year period will permit public service agencies to develop other means of access and travel.

2.2.2-1(B) Make Sailors Haven Vehicle-Free Year-Round:

In front of Sailors Haven approximately 0.7 of a mile of beach will be closed to vehicles year-round. This area encompasses the lifeguarded beach on the east and habitat suitable to the west for each of the focus species for this plan.

This section was a year-round, vehicle-free beach from 1992 through July 1, 1997. The sections of beach to the east and west fall under the protocol for graduated beach management (see Appendix C, for further details). The 0.7 miles is the only section of Fire Island designated as year-round, vehicle-free. Data from park inventory and monitoring indicate an increase in shorebird and beach tiger beetle food supply on this beach. This short section of the Sailors Haven beach may be the only beach on the northeast coast designated as a year-round vehicle free habitat. The northeast beach tiger beetle recovery team (USF&WS) has suggested this year-round designation remain to ensure that present ESA section 7 compliance continues. Interior vehicle trails provide vehicle access to this section at this time.

Sections of ocean beach in the area of the Fire Island Lighthouse and Watch Hill, as well as this area, were vehicle-free for three years (1991-93) to provide a vehicle-free beach for the Elias-Gerkin study of piping plover habitat. Elias-Gerkin suggested in her thesis concerning the suitability of the area for threatened and endangered plants that: "...managers may wish (to) leave these exclosures in place" (pg.114). Data collected by the park indicates that during the time the Sailors Haven area remained vehicle free (from 1992 through mid 1997) endangered plants colonized this location. In 1997, the Sailors Haven area was re-opened to vehicles, and no endangered plants were found.

Furthermore, in 1997 before the re-opening of the area to vehicles, a baseline plant and insect study was completed. The study data indicated the Sailors Haven vehicle-free beach had about one-third more wrackline vegetation and beach invertebrates than adjacent beach areas.

2.2.2-1(C) Identify Alternatives to Beach Travel:

The park will continue to work with public service agencies to explore alternatives to the custom of using the beach as the main route of transportation on the island. Alternatives could include increased use of small vessels and ferries, and cooperative arrangements in which other public agencies could use the park barge, docks, and gas pumps.

2.2.2-1(D) Exceptions for "Lights & Siren Emergencies":

A "lights and siren emergency" is when a police or fire vehicle is traveling on the beach at a speed in excess of the normal patrol speed to respond to a life-threatening situation, and the respondents will generate a written report to be relayed to the park chief ranger. Incidents must be documented and reported to the park, so that disturbance frequency is taken into consideration in future habitat management decisions.

2.2.2-2 Control Other Disturbances to Endangered Species:

Other negative impacts to endangered species include natural predators and human disturbances. Natural predators to piping plovers and terns include crows, gulls, red fox, and feral cats and dogs. White-tailed deer may forage on endangered vegetation. As in all natural areas, however, human presence influences natural processes. Trash cans, for example, draw predators to areas of heavy visitor use and, therefore, have consistently been linked to shorebird predation. Similarly, feral cats and dogs are simply pets that have been abandoned by their owners and are struggling for survival in their non-native habitat. Finally, even the population increase of white-tailed deer on the east coast, including Fire Island, has been exacerbated by the human impacts of habitat fragmentation and the elimination of deer's natural predators.

The park is planning to begin a study of the effects of red fox on shorebirds this spring and similar future studies (i.e. estuaries, vegetation, geomorphology). In addition, to minimize the effects of garbage, the park has contained trash cans in special areas and has begun a "pack-in, pack-out" policy for visitors.

Human disturbances to the breeding behavior of endangered shorebirds include pedestrian disturbance, kite flying (which mimics hawks and disturbs the shorebirds), and pets. Passive methods such as signs and temporary exhibits in visitor contact areas, and active methods such as informal and formal interpretation, will be employed to counteract these impacts.

Pets and kites will be prohibited in endangered species habitat from March 1 through September 1. Park staff will inform visitors of this new restriction through signs and personal contacts. At all times, throughout the national seashore where pets will be allowed, pets must be leashed.

2.2.2-3 Introduce Graduated Beach Habitat Management:

2.2.2-3(A) General National Seashore Beaches

The park will use a standard operating procedure for beach habitat management, detailing actions to be taken by the park for different conditions, areas, and seasons. This new standard operating procedure takes into account that much of the Atlantic coast of Fire Island National Seashore is, or may become, suitable habitat for endangered species breeding or germination. Beach sections currently unused by endangered species may host them in the future. Some areas which, because of their natural features, could potentially be used by endangered species, are Lighthouse Beach, Water Island Beach, and the Atlantique community beach (see maps in Appendices G & H). In the event that currently unused areas become habitat for endangered species, the park's protocol (detailed copies available from park headquarters) for graduated beach management identifies immediate actions that park staff will take. The national seashore will continue to pre-fence all beaches that have had significant plover activity and those with viable habitat.

The park's habitat management will be influenced by the presence of endangered species in a particular habitat, and the intensity of breeding behavior. With graduated beach management, the park will monitor habitat daily for suitability and presence of endangered species. Management approaches will be changed accordingly. Once habitat has been observed to be in use by endangered species, management actions will be based on the nature of the shorebirds' behavior. For example, if shorebirds are observed establishing territory, the park will immediately enter the first stage of management.

2.2.2-3(B) Water Island and Cherry Grove Areas

The following vehicle use on the beach is for Suffolk County Police vehicles only due to the lack of an interior travel route. The park understands the need for smooth transition of Suffolk County Police Department law enforcement activity in the communities due to required changes to present enforcement routines. This is most evident along beaches with no parallel interior vehicle route (Cherry Grove and Water Island). The park will allow, for the next three years, an oversand vehicle corridor parallel to habitat being used by an endangered species. It will be located above or below the latest wrackline. From the date the corridor is set up until one week prior to the nest hatching, this corridor will be as wide as is necessary to permit one vehicle at a time to drive by the 100 meter symbolically-fenced area. From a period one week prior to the nest hatching, the seaward border of the symbolic fence will be extended to encompass the latest high tide line.

Police vehicles may travel south of the symbolic fence. Once chicks are present, the seaward border of the symbolic fence remains the same but the one hundred meter protected area will be extended to 2000 meters to allow for daily chick movement. The police vehicles (4X4s, AVTs, etc.) may travel in the intertidal zone 24 hours a day, but only with a park-certified pedestrian escort, provided by the police, walking in front of the vehicle at all times.

During this three year period the park will work with the Fire Island communities to understand and develop community responsibilities to protect endangered species.

Graduated beach habitat management is not one specific action, but rather a strategy for constantly evaluating and responding to the dynamic coastal environment. For more specific details, a copy of the protocol is available from park headquarters.

2.2.3 Public Education: Temporary exhibits, site bulletins, and personal

services will continue to contain current information about biodiversity, endangered species protection, and the significance of Fire Island habitat. Park interpretation programs will increase efforts to reach community residents and other driving constituents as well as people entering park visitor centers.

2.3 Alternatives Considered but Rejected

2.3.1 Relocation or Introduction of Specimens:

Under this alternative, breeding adults, active nests, or plants found in one location on the national seashore would be relocated elsewhere within the national seashore. Alternatively, specimens could be incubated in a lab and introduced into the national seashore, or transported from another location in the wild. However, studies have suggested that nest movement is likely to cause birds to abandon the nest. Furthermore, moving nests and breeding pairs over great distances would require capture of the adult pair and this incurs risks of injury to the adults or eggs. Any such injury would be considered an illegal take under the Endangered Species Act.

2.3.2 24-Hour Vehicle Escort System Through Habitat:

Under this alternative, a certified pedestrian escort first identifies locations of endangered shorebirds or insects, and then provides off-road vehicle drivers with pedestrian escort through the area. Initial scouting entails covering miles of beach on foot over several hours. Once specimens are located, the pedestrian escort would walk in front of the vehicle, as it proceeded at the pace of a walk. If endangered species were encountered by the pedestrian escort near the vehicle, the escort and vehicle(s) would stop and wait for the animals to leave the area. This would conceivably take several hours, unless the escorted vehicles were disturbing the specimens. In that case, the pedestrian escort would be in jeopardy of fines or imprisonment under the Endangered Species Act. Furthermore, USF&WS guidelines do not permit pedestrian escort in the dark. Due to these reasons, the lack of success of similar escort practices in the park in past years (see background, section 1.1), and the inordinate costs in time and staffing required, this alternative was considered but rejected.

2.3.3 Vehicle-Free Beach Designation Beginning One Week Prior to Hatch Date:

This alternative is similar to the 1995 through 1997 modifications to the 1994 plan (see 1.1). This alternative would not protect habitat during the critical times of territory establishment and courtship of shorebirds. Shorebirds are not likely to nest in heavily trafficked beaches. Permitting this extended driving period also subjects endangered plants to destruction from vehicles. Recent practice of this alternative has corresponded with low productivity. Neither plover nests nor tern chicks occurred in 1996-97, and no seabeach amaranth was found on the seashore in 1997. This unacceptable lack of productivity suggests that more stringent management is needed.

3.0 Affected Environment

3.1 Overview of barrier island ecology

A barrier island is a narrow, low-lying landform consisting of beaches, tidal flats, and sand dunes (USFWS 1982). Barrier beaches generally parallel ocean coasts and are separated by a lagoon or bay from the mainland, although some may be connected to the mainland (Massachusetts Barrier Beach Task Force 1994). A barrier beach is a dynamic landform, constantly moving and reshaping in response to storms, sea level changes, and wave action. These processes are critical to the perpetuation of barrier beaches.

Coastal barriers are widely distributed along the U.S. Atlantic and Gulf coasts, providing several valuable functions (Coastal Barriers Task Force 1983). They typically serve as buffers against storms and wave action for the coastal mainland and shelter productive wetland habitats. They provide essential nesting and feeding areas for many aquatic and terrestrial plants and animals, including rare species. As a dynamic landform, barrier beaches are constantly moving and reshaping and have evolved with plant and animal life adapted to and dependent upon this change for continued survival. This environmental assessment focuses on the ocean beach habitat. As the need for management of interior or bayside habitat increases, specific management plans may be developed.

3.2 Habitats

For this EA, the shoreside habitats, listed from north to south are defined below. On a dynamic barrier island beach they are not all found at all locations, at all times. (See attached beach habitat diagram.) The seven species listed in the purpose section of this plan use several or all of these habitats.

3.2.1 Swale:

The zone between the primary and secondary dunes, or north of the primary dune if no secondary dune exists, is called the swale. It may be reached by the species covered in this plan by flying, wind transport, overwash water transport, or walking (crawling) through a break in the primary dune with sparse vegetation. Sparse vegetation is usually found in a swale after a storm has created a washover through the primary dune. This is common on a dynamic barrier island when natural processes are permitted. A sparsely vegetated swale area may contain many small insects needed by shorebirds nesting in or near the swale.

3.2.2 Primary dune:

The highest elevation on the beach, the primary dune is formed by wind-blown sand stopped by beach grass or beach debris and reinforced by interlocking roots of American beach grass (Ammophila breviligulata). Primary dunes are generally covered with beach grass on both sides, and the interior (north) side may also contain additional grass or shrub species, including spurge (Euphorbia polygonifolia) and beach plum (Prunus maritima).

3.2.3 Foredune:

This refers to the part of the primary dune facing the ocean. It has a very dynamic geography, changing with the influence of weather, vegetation, and human disturbance. Vegetation is generally sparse. Dominant vegetation species in this area are beach grass (Ammophila breviligulata), seaside goldenrod (Solidago sempirvirens), and sea rocket (Cakile edentula). This area is used heavily by nesting shorebirds, and for vegetation propagation. Evidence shows that predation of endangered species in the national seashore has increased in this habitat through the 1990's.

3.2.4 Supratidal or upper beach:

This is generally the largest and widest beach habitat. This area contains sparse vegetation, beach debris, ephemeral pools, and old wracklines. These old wracklines may be found running parallel to the beach from the foredune to the berm crest. This is a primary foraging area for many shorebirds, such as piping plover, due to the abundance of small amphipods (beach fleas) and insects, and other beach arthropods (spiders and crabs) found along wracklines. These small insects and amphipods are also food for beach tiger beetles. Wracklines are also a source of seeds for the germination of many species of beach vegetation, such as the two threatened species focused on under this plan (seabeach amaranth and seabeach knotweed). Many publications refer to this habitat as berm.

3.2.5 Wrackline:

This dark band of decaying vegetation and debris forms at the uppermost reach of each high tide. Thus, several wracklines may be present from past tides. Wracklines host seeds, small invertebrate, and debris. Weather or human disturbance (such as ORV traffic) can destroy or alter wrack, but left undisturbed, wracklines may persist for several years. Seeds will often germinate in undisturbed wrackline, resulting in new vegetation which stabilizes and extends the beach.

3.2.6 Berm crest:

In this boundary between the recent high tides and the generally dry supratidal beach (upper beach), wracklines form. Weather conditions (wind speed and direction) and sand grain sizes affect wrackline formation.

3.2.7 Intertidal beach: This habitat between the high and low tide marks contains sand which is always, to some degree, wet by the ocean. Small animals, which provide food for shorebirds, live here.

3.2.8 Ephemeral pool:

This depression on the intertidal, or supratidal, beach contains standing water and is a prime foraging zone for shorebirds and predators. The moist sand around the area fosters early beach-stabilizing vegetation (i.e. seabeach amaranthus and knotweed). The ephemeral pool shoreline also attracts small invertebrates and their predators.

3.2.9 Washover:

The above habitats were generally listed in order of location from north to south on the barrier island. Washovers, on the other hand, may cross the barrier island on a north-south axis. A washover is created during a high energy weather event, such as a storm, during which ocean and bay water meet. If weather is severe enough, it may destroy vegetation normally found in the area. If a washover persists through several tide cycles, it may become an inlet (dividing the barrier island). The newly created shorelines on either side of the washover may contain all of the above habitats. This habitat is important for wildlife, because it permits animals (including endangered shorebirds) access to both bay and ocean beaches for foraging making it very desirable for breeding and basic barrier island wildlife survival.

3.3 Focus Species

3.3.1 Common Tern: (Sterna hirundo)

This shorebird is listed as threatened in New York State and as a species of concern with the Federal Government. These white and black seabirds breed in colonies, primarily on wetlands adjacent to, or on islands within, the Great South Bay. They are seen foraging daily on the ocean beaches. Chicks can leave the nest soon after hatching, but continue to be fed and cared for by the adults. Adult terns feed primarily on fish and may often be observed standing on the Atlantic berm crest or intertidal zone facing the ocean. Young, flightless birds tend to congregate on sandy beaches and sandflats from late July to the middle of August. In late summer, the birds fledge and leave the New York beaches for the winter.

3.3.2 Least Tern: (Sterna antillarum)

This shorebird is listed as an endangered species and a species of concern in New York State. This small white and black seabird also breeds in colonies, usually on the supratidal beach habitat. Least terns have similar nesting requirements to piping plovers, but tend to require wider beaches and use larger areas of sparsely vegetated dunes. Colonies of 6 to 1000 have been found in Massachusetts.

3.3.3 Northeast Beach Tiger Beetle: (Cicindela dorsalis dorsalis)

The northeast beach tiger beetle's historic range includes portions of the Atlantic Coast, from Cape Cod, Massachusetts to central New Jersey, and along the Chesapeake Bay beaches of Maryland and Virginia (Hill and Knisley 1993). Today, this species is restricted to Chesapeake Bay beaches, two sites in Massachusetts, and one on Sandy Hook, New Jersey. In 1990, the northeast beach tiger beetle was designated as threatened by the USF&WS (USF&WS 1990).

The northeast beach tiger beetle is a small (approximately 13 mm), light-colored beetle with a bronze-green head (Hill and Knisley 1993). It is named after its tiger-like feeding behavior of grasping small insects with its mandibles or mouthparts (USF&WS 1990). Northeast beach tiger beetle larvae live for two years in burrows along the beach, fastening themselves with abdominal hooks to the tops of the burrows. They extend rapidly out of the burrow to catch passing prey.

Northeast beach tiger beetle larvae are found in a narrow band along the beach, in and above the high-tide zone (Hill and Knisley 1993). The beetles may be found in a wider zone when washover areas are present or where the upper beach is flat and periodically is overwashed by high tides. As the tide rises, the beetle larvae plug their burrows with sand. They reopen the borrows as the tide recedes. Although this intertidal location subjects the larvae to flooding, larvae close to the water's edge tend to develop faster than those in drier areas because prey are more abundant here (Hill and Knisley 1993).

Northeast beach tiger beetle larvae have been noted migrating to higher ground on the upper beach or gently sloping foredune in winter, possibly to avoid being washed away by winter storms (Nothnagle and Simmons 1990). The beetles emerge in summer as winged adults and search for food in the sand of the intertidal zone.

A key to northeast beach tiger beetle larval survival appears to be a protected burrow in the intertidal zone (Nothnagle and Simmons 1990). Survival is highest where beaches are wide with gradually sloping beaches and foredunes. The wide and gentle slopes allow larvae to migrate up the beach when burrows are threatened by beach erosion or storm overwash. The beetle typically is not found on narrow, eroding beaches with steep dunes (Hill and Knisley 1993).

Northeast beach tiger beetles normally experience dramatic fluctuation in population (Hill and Knisley 1993). Long-term persistence of the species in a given area may depend on the presence of multiple, adjacent subpopulations that exchange individuals at high enough rate to counteract the localized changes in habitat quality (Nothnagle et al. 1994).

The extirpation of C.d.dorsalis from most of its range has been attributed primarily to destruction and disturbance of natural beach habitat from shoreline developments, beach stabilization structures, and high recreational use (Hill and Knisley 1994), all of which may affect the larval stage (Knisley et al. 1987). This species was last identified on Fire Island in the 1920's. This was at about the time vehicles were introduced to Fire Island. The threatened tiger beetle may be on Fire island, but it may not be identified due to its rarity, the limited numbers of people capable of identification, and the limited amount of time devoted to identification of this species.

From 1990 through 1997, three different tiger beetle species (Cicindela hirticollis, C. repana, and C. duodecimguttata) have been observed on area beaches such as Long Cove, Sailors Haven, and West Moriches Inlet Island. These species are often identified in Northeast beach tiger beetle habitat. However no specimens of the listed species have been identified in these areas. In 1994, C. dorsalis dorsalis larvae were reintroduced by the National Park Service on the Sandy Hook unit of Gateway National Recreation Area. Sandy Hook is approximately forty miles west- southwest of Fire Island. Tiger beetles have been recorded, due to prevailing winds, as far as seventy miles off-shore on oil derricks. The natural resource management division discussed reintroduction of the northeast beach tiger beetle on Fire Island with tiger beetle recovery team members, but no reintroduction is planned for Fire Island National Seashore at this time.

3.3.4 Piping Plover: (Charadrius melodus)

Piping plovers are small light-colored shorebirds that breed on the northern Great Plains, along the Great Lakes, and along the Atlantic Coast from Newfoundland to South Carolina (Dyer et al. 1988). Piping plovers winter along the Atlantic and Gulf of Mexico coasts from North Carolina south and west to Florida, Texas and Mexico, as well as in the Bahamas and West Indies (Haig and Oring 1985; USFWS 1985). Under the Endangered Species Act of 1973, the USF&WS determined endangered or threatened status for this species in all parts of its breeding range (endangered in the Great Lakes; threatened on the northern Great Plains and the Atlantic Coast) (USFWS 1985).

Piping plovers breed along the Atlantic Coast from March through August (Dyer et al. 1988). They nest from mid-April through late July with a typical clutch size of four eggs and an incubation period that averages from 27 to 28 days. Nests are shallow depressions in sand, mixed with pebbles or shells in areas with little or no vegetation. Nesting locations are on sandy beaches and spits above the high tide line, on gently sloping dunes, in blowout areas behind dunes, in washover areas between dunes and on sandy dredge material (Dyer et al. 1988).

Piping plovers typically fledge only one brood per season, but may re-nest if initial nests are destroyed (Dyer et al. 1988). Chicks are precocious, moving about shortly after hatching. The flightless chicks remain with one or both adults for about 25 to 35 days, until they fledge. During this time, adults and chicks feed on invertebrates (such as marine worms and fly larvae [Bent 1929]) found on sandflats, mudflats, the wracklines, and on upper beaches and dunes. Access to high-quality feeding areas is especially important for plover chicks (Cairns 1982). The chicks depend on walking access to feeding areas and to survive must increase their weight at least five-fold in the first 20 days of life.

On Fire Island, adults forage on the ocean and bay beaches, in overwash areas, swale areas with sparse vegetation, and in vernal pool habitats. The primary habitat for breeding is along wide ocean beaches and overwash areas. Due to its rarity, available data identified only two to four nests per year in the late 1980's, with the numbers declining in the 1990's. During this same period at Cape Cod National Seashore in Massachusetts (which has similar habitat) the plover nests increased from fifteen to twenty in a year in the late 1980's to from 60 to 110 per year in the 1990's.

This small light-colored shorebird has cryptic markings and uses this as a primary means of defense. When threatened it may freeze in place to allude detection. This is also the primary defense of plover chicks. Pedestrians may walk within feet of a chick and not see the chick. At times such as this, the adults will perform a broken wing display to attempt to draw the perceived threat away from the chick. This ruse may work with people and predators, but it is unlikely to succeed with a person in a 4X4 vehicle. Fire Island seems to be experiencing a rise in predators, and it is feared that the plovers' defense mechanisms may not be as effective when more predators are present.

When moving across the sand, plovers seek the path of least resistance, rather than moving straight to a destination. If they move into a vehicle track, they tend to remain there until the track disappears. Oversand vehicles tend to drive in old tracks for ease of driving and vehicle safety. This habit, along with the plover's habit of staying in tracks, can lead to crushed plover chicks found in the tracks. This occurred on the national seashore in 1991 and 1992, even though beach vehicles had a pedestrian escort system in place. (There was no evidence that the "take" occurred while a vehicle was being escorted through the brood area.)

The national seashore will continue to manage plovers using the most beneficial methods. Beach areas containing endangered shorebirds will receive symbolic fencing (posts with string and flagging) to give breeding adults a 50-meter buffer from pedestrian disturbance, in accordance with USF&WS guidelines. In places where the beach is narrower than 50 meters, the fencing will be placed at the wrackline, thus restricting any vehicle traffic to the intertidal zone in those areas.

Piping plover nests in the symbolically-fenced area will have a predator exclosure, following USF&WS guidelines, placed around the nest once the plover adults have habituated to the nest (when two to four eggs have been observed in a nest). The decision on exclosing a nest in all park areas will be made by the park wildlife biologist or designee.

3.3.5 Roseate Tern: (Sterna dougallii)

Roseate terns are also black and white shorebirds, but are larger than least terns. The northeastern population of the roseate tern is listed as endangered. These terns occur/nest within larger common tern colonies on coastal islands and barrier beaches. Large sandflat areas next to dunes provide important feeding and staging areas for recently fledged young and birds preparing for fall migration. Recent Long Island Colonial Waterbird Survey counts have placed the roseate at approximately 1,668 pairs. Due to its rarity and lack of easily identified markings, it is a difficult bird to verify. Fire Island sightings of roseate terns foraging and staging have been verified by experienced observers in 1993 through 1995.

3.3.6 Seabeach Amaranth: (Amaranthus pumilus)

Seabeach amaranth is an annual herb once found along the Atlantic Coast from Massachusetts to South Carolina. This plant has been eliminated from six states in its historical range and is found today in only New York, North and South Carolina (USFWS 1993). In 1993, seabeach amaranth was listed as threatened under the Endangered Species Act.

Seabeach amaranth is a low-growing plant with fleshy pink or reddish stems and small rounded leaves (Bucher and Weakley 1990; Weakley and Bucher 1992). It flowers from mid-summer to late fall and produces seeds from July or August until the plant dies. As the growing season progresses, the plant acts as a sandbinder and forms a mound of sand. As the sand mound grows higher, earlier leaves are buried, with the plant often growing to three feet in diameter.

The species' primary habitat is on barrier beaches, on overwash fans at ends of islands where new material may be deposited, and on lower foredunes of non-eroding beaches (Bucher and Weakley 1990). Its growth is concentrated in the wrack line of material deposited by the highest spring tides. The seeds, which float, are presumably deposited by tidal action. Smaller, temporary populations may be established in blowouts in foredunes.

Seabeach amaranth is seldom found in well-vegetated areas. It appears to need extensive areas of barrier beaches where seeds can be dispersed across the landscape and germinate in suitable habitat as it becomes available.

Seabeach amaranth on Fire Island tends to germinate and grow on the ocean beach, in bare or sparsely vegetated swales, and along overwash zones. It is valuable in natural beach stabilization. Each year the plant may put out hundreds of seeds. Approximately half of the seeds remain on the plant to reseed its habitat. The remaining seeds are dropped to move with the wind and water to new locations. Every beach area with a supratidal zone is habitat for seabeach amaranth throughout the year. Studies note beach driving buries the seeds and prevents germination. Beach development and nourishment tend to bury viable seeds.

The amaranthus has adapted for collecting and retaining moisture, and can withstand long periods of drought. It thrives in the naturally harsh barrier island beach habitat. International research has hopes of using this plant for a food source in third world countries.

3.3.7 Seabeach Knotweed: (Polygonum glaucum)

This New York State listed rare plant is found on the bare or sparsely vegetated sections of the beach, swale and overwash zones. Its low-lying stems hold sand and assist in building beach and dune areas. It has been historically found on Fire Island often on the foredune. During storms many stretches of this beach zone exhibit evidence of extensive beach driving (deep tire tracks; personal observation, Fire Island National Seashore Wildlife Biologist) as vehicles continue down the beach rather than turn around or wait for the tide/water to recede. No barrier island vegetation has characteristics to permit germination under these conditions.

In December 1993, seabeach knotweed was found growing on the foredune on the beach at Sailors Haven.

(See also habitat use table in Appendix)

4.0. Environmental Consequences

4.1 No Action Alternative

Under the No Action Alternative, the park would close the beach to driving from April 15-August 15, to provide limited protection to endangered species on the subject habitat.

Effects on Natural Resources:
This alternative would not take into consideration updated knowledge of shoreside species activity. Piping plovers would come to the park to begin territory establishment and courtship in early March through mid April, but would be disturbed by continued ORV driving through miles of suitable habitat. The vehicles would also destroy or reduce the wrackline, an important foraging habitat. The driving would negatively affect shorebird breeding success and vegetation germination.

Effects on Cultural Resources:
No significant impacts will be made on cultural resources.

Effects on People:
Constituents and public service agents who drive ORV's on Fire Island National Seashore will be affected by this alternative. In this alternative, affected agencies would not be able to drive on the beach for four months, and would have to budget for alternative travel and access. The park would continue to work with other public service agencies to find acceptable and safe alternatives.

All agencies would continue to be able to drive through vehicle-free beaches within identified habitat when responding to a "lights and sirens emergency." They would have to document the incident and provide documentation to the park's chief ranger or wildlife biologist, within 24 hours, so that the incident can be included in data collected about habitat disturbance.

4.2 Preferred Alternative - Improve Habitat by Limiting Disturbance

The preferred alternative is similar to habitat management steps taken at the park in the past, but increases the season and intensity of management with the goal of improving habitat for all wildlife, including endangered species, at Fire Island National Seashore. Environmental consequences are discussed for each action step, as follows: 4.2.1, inventory and monitor habitat; 4.2.2, limit disturbance of endangered species, with subcategories of 4.2.2-1, minimize disturbance from ORV's, parts A-D, and 4.2.2-2, control other disturbance to endangered species; and 4.2.2-3, introduce graduated beach habitat management; and 4.2.3, public education.

4.2.1 Inventory and Monitor Habitat

Effects on Natural Resource:
Improved data collection will lead to improved management of the natural resources at Fire Island National Seashore. Improved management will lead to improved overall health of the habitat and natural features of the seashore.

Effects on Cultural Resources:
No significant impacts will be made on cultural resources.

Effects on People:
Improved management of nationally significant natural resources will benefit the public. Visitors will have increased opportunities for viewing more diverse wildlife, and more information will be available to strengthen park interpretive programs and publications about natural processes and biological diversity.

4.2.2 Limit Disturbance to Endangered Species

4.2.2-1 Minimize Disturbance from ORV's

4.2.2-1(A) Phased Seasonal Vehicle-Free Beach

Effects on Natural Resources:
Beach grass, which holds together the all-important primary dunes, will also be protected from vehicle traffic. Although drivers are routinely advised to keep far away from the base of primary dunes to avoid driving over the long beach grass rhyzomes (roots), transgressions frequently occur due to unforeseen high tides or driver error or carelessness. Beach grass and other plants are easily destroyed after only one or two passes by a vehicle (Buckley and Leatherman, 1972).

Permitting even seasonal beach driving can negatively affect seabeach amaranth productivity by impairing germination. The park may request a biological opinion from the USFWS seabeach amaranth recovery team if monitoring suggests such negative impacts from this or any other action in this plan. Similarly, if seasonal beach driving as allowed in this alternative is found to negatively affect other endangered wildlife, the park will seek biological opinions from the USF&WS.

The phased plan for seasonally vehicle-free beaches will increase the quality of habitat and extend the time that it is available to wildlife. Shorebirds migrating to the area for breeding will be undisturbed during their preliminary search for breeding territory. Wildlife foraging in the wrack will be undisturbed by vehicle traffic. Vehicle tires will not destroy wrack vegetation, or bury seeds so deeply that they are unable to germinate.

If research or environmental restoration requires the use of vehicles in these areas, the park will consult with the USF&WS. If the benefits to the natural resources outweigh the negative impacts of vehicle use by researchers or restoration team, this use will be permitted at the minimal degree that permits the research or restoration to be completed.

Effects on Cultural Resources:
This alternative calls for less driving than has previously been allowed at the park, so the chance for potential damage to buried cultural resources would actually be decreased. Other cultural resources would not be affected by this alternative.

Effects on People:
This alternative will affect some people in significant ways. It will require people who are accustomed to driving on the subject beaches to change their behavior, thus inconveniencing people. In the case of law enforcement patrol, driving restrictions preventing routine vehicle patrol through the vehicle-free areas could conceivably decrease human safety because of lack of regular surveillance. These concerns are valid, but should be examined in context with low probability of crime in this relatively isolated area. This alternative does not recommend that services be diminished, only that they be performed in new ways.

This alternative will benefit other visitor groups by significantly improving the habitat, with the anticipated result of improved survival and reproduction rate of endangered species on Fire Island National Seashore. A second significant benefit will be the enhancement of the visitor experience for constituents who do not use ORV's. During the proposed vehicle-free beach seasons, visitors and island residents will continue to have pedestrian access to the beach without the visual and auditory intrusions of ORV's. The largest vehicle-free beach, Long Cove to Old Inlet, is about five miles long. Perhaps the only Long Island location where pedestrian visitors can enjoy an extensive Atlantic coast beach without contact with vehicles, this beach is directly to the south of the Otis G. Pike Wilderness Area (which lies north of the toe of the seaward side of the primary dunes). The park, by offering visitors this unique opportunity, will be able to more completely and qualitatively fulfill its mission of providing public access to the only Federal wilderness area in New York. This alternative also provides for the park, as warranted by conditions, to extend the vehicle-free season and area in the future.

Access to private property on Fire Island will not be prevented, as the beaches designated vehicle-free will all be on Federal property. This alternative continues to permit vehicle use during the cold winter months, when endangered species are not present on the beach. Permitted drivers and public service agencies would still have access to island points as needed and permitted by park legislation. By 2000, the alternative calls for designated vehicle-free beaches from March 1 to September 1. Even then, access to the island by vessel is a viable alternative for those months of the year; vessel access is unchanged by this alternative. This alternative, by phasing in changes to the driving system over three years, allows driving constituents and public service agencies time to adjust their practices and budgets accordingly. This will enable the park and other public service agencies to explore habitat-friendly alternatives to beach driving.

While public service agencies may use the seasonal dock at Smith Point to bypass the vehicle-free beach, the dock may not be in place in March if ice is present in this shallow area. A marina is also available at Smith Point County Park's Great Gun Beach. In addition, Bellport Beach, Davis Park, Fire Island Pines, Cherry Grove, and Watch Hill all have marinas and staffing facilities for the needs of public service organizations.

The season for sports driving permits will be unchanged by this alternative. During the proposed vehicle-free time periods, the park will still permit sports driving, within park guidelines, for the beach between Smith Point and Old Inlet, unless nesting activities are discovered in this approximately 1.5 mile section of beach. Permitted sports drivers, however, will be unable to drive the entire length of the beach south of the Otis G. Pike Wilderness Area from March 1 to April 15. (All other sports driving permit privileges will remain unchanged.)

Residents and contractors with driving permits will no longer be permitted to drive on the vehicle-free beaches from March 1 (April 1 in 1998) until the first ferry service begins. Instead, these constituents must contact the park for permission to enter from the west and use the Old Coast Guard soft sand jeep trail south of the Sunken Forest. The park has the authority to permit this use under 36 CFR 1.5 and 7.20, which states that the superintendent may "implement (or terminate) a public use limit" on the soft sand jeep trail for the "implementation of management responsibilities" and the "protection of environmental values, (and) natural . . . resources." The park realizes the Old Coast Guard Road will receive additional traffic and the resulting degradation, but the endangered species habitat enhancement along the many miles of beach south of the Federal Wilderness will more than offset the changes in the old Coast Guard soft sand road.

In addition this seasonally permitted passage along the Sunken Forest Old Coast Guard soft sand trail is authorized for only three years (1998 - 2000). This will allow time for those making use of the permitted passage to develop alternatives to this route.

The park will create a protocol for recording all permitted driver requests for such passage. As with current driving regulations, such passage will only be permitted until adequate ferry service begins.

4.2.2-1(B) Sailors Haven Beach Vehicle-Free Year-Round

Effects on Natural Resources:
This alternative will enhance the habitat on the ocean beach in front of Sailors Haven. Historically, this habitat area has been used by endangered plants and animals. Piping plover and tern chicks have fledged here, and seabeach amaranth and seabeach knotweed have flowered here. Furthermore, this beach has hosted tiger beetle species, although the endangered northeast beach tiger beetle has not been identified. This alternative will provide this habitat with a significant benefit in that wracklines will be able to form naturally, undisturbed by ORV's. Studies have shown that undisturbed wracklines are typically larger than disturbed wracklines, and consistently contain more beach invertebrates (an important source of food for wildlife, including shorebirds, crabs, and insects).

Effects on Cultural Resources:
This alternative calls for no driving on part of the coast, so the chance for potential damage to buried cultural resources in this area would actually be decreased. Other cultural resources would not be affected by this alternative.

Effects on People:
It is anticipated that the lack of ORV's on the beach in front of Sailors Haven will benefit the experience of pedestrian visitors. Only about an additional .3 miles of beach will be symbolically pre-fenced, barring any visitor use, but these areas will not preclude use of the beach south of the fencing. See park map in appendix.

4.2.2-1(C) Identify Alternatives to Beach Travel

Effects on Natural Resources:
This alternative will benefit the natural resources of Fire Island National Seashore because park and public service agencies will explore alternatives to ORV travel on the barrier island. This effort signifies the park's acceptance of responsibility for the negative consequences of human activity and development on the natural environment.

Effects on Cultural Resources:
This alternative calls for less driving than has previously been allowed at the park, so the chance for potential damage to buried cultural resources would actually be decreased. Other cultural resources would not be affected by this alternative.

Effects on People:
It is clear that the preferred alternative will require a change in routine for permitted drivers. For public service agencies, these changes will probably increase the costs of performing the services. However, once alternatives to beach driving are established, they may also provide unforeseen benefits.

The park and public service agencies have discussed various options to replace the custom of beach driving in recent years. Using such options will either not affect or will benefit people in some ways. Few incidents have required law enforcement or other public service agency emergency response in the Long Cove to Old Inlet beach area, so it is foreseen that the shortened driving season will have little effect on human safety. In fact, the necessity for public service agents to travel through communities and on the Great South Bay could increase the safety of people in the communities and on boats in the Great South Bay. This alternative will probably increase the intensity of desired essential service traffic in the western end of Fire Island where these services are focused.

All service agencies were required to make similar adjustments from the fall of 1993 to the fall of 1994 when the Smith Point Bridge was closed for maintenance and the 1994 habitat management plan went into effect. The park will work with all agencies to develop driving habits to take advantage of increased use of the bay and western island entrance.

This alternative will incur changes in practice of park rangers and police engaged in law enforcement patrol on the beach. An alternative patrol routine may be increased use of other forms of observation (i.e. citizen patrols, binoculars, call boxes). Signs alerting visitors about the habitat protection measures will be placed in public areas, both to inform the public about restricted areas and to educate them about fire Island endangered species protection. These alternative patrol measures have worked well in similar areas throughout the nation. And, of course, emergency travel is allowed under section 4.2.2-1(D) below.

4.2.2-1(D) Exceptions for "Lights & Siren" Emergencies

Effects on Natural Resources:
A very low percentage of ORV traffic is related to "lights and siren" emergencies. This alternative eliminates all vehicle traffic except that needed in emergencies on vehicle-free beaches during the seasons defined in 2.2.2. This major reduction of ORV traffic will greatly decrease the direct disturbance or destruction to breeding shorebirds, insects, and other wildlife in the shore habitat. It will also limit disturbance to the ecologically important micro-environments of wrackline and the upper beach, where plants germinate.

Effects on Cultural Resources:
This alternative calls for less driving than has previously been allowed at the park, so the chance for potential damage to buried cultural resources would actually be decreased. Other cultural resources would not be affected by this alternative.

Effects on People:
People's access to quick response from park rangers, fire department, and police in cases of emergencies will not be affected, since ORV travel is permitted in such cases. These public service agencies will need to change their practices to provide response without the advantages of routine vehicle patrol. They will also need to begin documenting and reporting these incidents to the park.

The overall reduction in traffic, however, will please pedestrian park visitors and others who do not enjoy beaches with ORV traffic and tire ruts.

4.2.2-2 Control Other Disturbances to Endangered Species

Effects on Natural Resources:
Improved habitat will result from efforts to control predation of endangered species and reduce human-caused disturbance such as unleashed pets and kite-flying in areas where shorebirds nest.

Effects on Cultural Resources:
This action step will have no perceived effect on cultural resources.

Effects on People:
Some people may feel inconvenienced by not being able to bring their pets to the beach in signed areas, but most people, as well as wildlife, will benefit from this restriction. In the past year, several unpleasant and unsafe incidents involving unleashed pets and people, including children and other dogs being attacked by unleashed dogs, have been documented.

Implementing the pack-in, pack-out policy on the beach may cause people a minor inconvenience in their visit, but this practice is well-established in many other NPS sites and in nearby state parks. The pack-in, pack-out policy eliminates the potential of overflowing garbage cans on the beach, which is as unpleasant to people as it is attractive to predators.

Finally, because habitat areas are symbolically fenced and signed, pedestrians infrequently disturb endangered species (by walking too close to nest sites, or running through areas). If such behavior is observed, however, people will be asked to change the behavior, and they may then feel inconvenienced.

4.2.2-3(A) Introduce Graduated Beach Habitat Management

Effects on Natural Resources:
Different levels of active protection will be practiced in different areas, based on park or USF&WS assessment of habitat conditions and viability for endangered species. Thus, some parts of the national seashore, which could conceivably host endangered species, will not be heavily managed. To offset potential harm to habitat or endangered species, park natural resource staff will consistently monitor all lands for conditions that are known to be attractive to endangered species, and for actual use by endangered species.

Effects on Cultural Resources:
None are anticipated.

Effects on People:
The effects of all the specific steps called for in the standard operating procedures are discussed elsewhere in this section.

2.2.2-3(B) Cherry Grove and Water Island:

Effects on Natural Resources:
All symbolically-fenced areas, such as these would be if endangered species activity is discovered, receive increased natural resource protection. With the anticipated limited use, there will be minimal vehicle disturbance to many aspects of the habitat (i.e. wrackline, germinating vegetation).

Effects on Cultural Resources:
None are anticipated.

Effects on People:
This will permit the communities to begin working with the park to develop their responsibilities for Fire Island natual resource management as it pertains to endangered species. At the same time it allows the Suffolk County Police Department to alter their routine patrol methods to accommodate the lack of an interior route for routine patrol functions. This action has no effect on the ability of Island law enforcement or fire agencies from reacting to emergency situations. It will allow a smooth transition from routine beach use to other alternatives to be developed during the three year period.

4.2.3 Public Education

Effects on Natural Resources:
Interpretive and education programs about endangered species and habitat management at the park and biodiversity will provide opportunities for visitors and constituents to understand and appreciate the importance of natural processes and biodiversity. Increased understanding and appreciation of the natural resources in the park will lead people to more environmentally friendly attitudes and behavior.

Effects on Cultural Resources:
No immediate effects are anticipated, but the purpose of public education is to increase visitor appreciation for park resources. Visitors who learn to value natural resources may also gain long-term appreciation for the national park system in general, including cultural resources.

Effects on People:
Public education may mitigate negative attitudes held by park constituents whose routines may be affected by this alternative. Information will also reach many other people who are perhaps not immediately or directly affected by the condition of the habitat on Fire Island National Seashore, but who are constituents of the park and its natural resources. Finally, information contained in the public education program may inspire some people to learn more about biodiversity and its long-term importance to human life, and perhaps to take action to preserve natural resources.

5.0 Compliance Requirements

Documentation of compliance by the National Park Service with Federal and state laws and regulations is incorporated within the text of this Environmental Assessment (EA). The Federal laws, Executive Orders and regulations, along with associated state regulations, are summarized here for clarity and convenience.

National Environmental Policy Act (NEPA)
This EA assesses impacts and proposals pursuant to the requirements of the National Environmental Policy Act (NEPA). NEPA requires that Federal agencies assess their proposals for a full range of impacts on the natural and cultural environments, and that alternatives are provided and analyzed to decide whether the preferred alternative could have a significant effect on the human environment. This document is to be released for public and agency review for 30 days, after which the National Park Service would decide if the proposed actions are significant enough to require a preparation of an environmental impact statement (ElS). If so, a notice of intent to prepare an ElS would be prepared and announced in the Federal Register If no ElS is required, the Regional Director may sign a Finding of No Significant Impact (FONSl), which concludes NEPA compliance for this plan and clears it for funding and implementation.

Endangered Species Act
Natural Resource Compliance. Section 7 of the Endangered Species Act requires the National Park Service to consult with the U.S. Fish and Wildlife Service to ensure that any action authorized, funded, or carried out does not jeopardize the continued existence of listed species or critical habitat. Although the National Park Service has collected species and beach habitat data since 1991, additional research would be required before certain activities in the rejected alternatives could be used. In relation to red fox predation the park has begun a study on the red fox presence and foraging effects on shorebirds.

The New York State Environmental Conservation Law contains definitions for NYS Threatened, Endangered, Special Concern Species, and Protected Species. Native plant life is further protected under 6 NYCRR Part 193.3, which defines the number of plants to be found on sites on the United States Geologic Survey (USGS) 7 1/2 minute series maps, or listed Federally, It also defines the term "colony" for plant species. NYS Department of Environmental Conservation administers the state's non-game and endangered (animal and plant) species program. The department has been consulted concerning endangered or threatened species and critical habitats. A more thorough survey would be required for listed species in some areas before justifying possibly greater habitat management actions.

Wilderness Act
Fire Island National Seashore contains the Otis G. Pike Wilderness Area. National Park Service wilderness areas are to be administered to preserve their wilderness character to leave them unimpaired for future use, study and enjoyment. Specifically, there are to be no commercial enterprises or permanent roads in wilderness areas. Also, except as necessary to meet minimum requirements for administration of the area, there are to be no temporary roads, no use of motorized vehicles or motorized equipment, no landing of aircraft, and no structure or installation within a wilderness area.

Fire Island National Seashore's Wilderness Management Plan was developed with intensive on-site investigations and a thorough review and analysis of the Wilderness Act and Department of the Interior and National Park Service wilderness policies and practices. The Wilderness Plan incorporates environmental compliance and frequent consultation with various agencies, groups, and individuals. Nothing in the Wilderness Plan conflicts with any part of this EA.

Cultural Resources Compliance
The National Historic Preservation Act of 1966, as amended, is the cornerstone of Federal historic preservation law. It established a national policy of historic preservation that provides for identification and protection of historic and archeological resources.

Section 1 10 of the act requires that government agencies carry out their programs in accordance with, and in furtherance of, national historic preservation policy and that such agencies identify and preserve historic properties under their ownership or control.

Section 106 of the act requires that government agencies take into account the effects of their actions on historic properties and afford the Advisory Council on Historic Preservation an opportunity to comment on those actions.

At Fire Island National Seashore all potential shoreside cultural sites are evaluated for the potential eligibility of structures or sites for the National Register of Historic Places (Section 110). No actions undertaken for shoreside species management in the past ten years have had any effects on cultural resources. No activities in the preferred alternative will have an impact on cultural structures or sites.

Executive Orders 11644
(Use of ORV's on Federal Land) and 11989 (Closure of Federal Land to ORV's)

Fire Island National Seashore must focus on beach driving when there is evidence of "frequent conflict with wise land and resource management practices". To this end the park developed an ORV Management Plan in the 1970's. This satisfies EO #11644. As wildlife species found breeding or germinating on the beach were listed in the Endangered Species Act, management of beach driving has become more critical. Daily monitoring by field biologists of beach habitat for breeding/germination activities of the threatened and endangered species of focus in this Plan allows the park to make the best beach driving management decisions. This policy is parallel to EO #11644.

EO #11989 permits vehicles, when on an emergency, to cross the vehicle-free beaches. The Order also allows the park to immediately close areas or trails when ORV's are causing adverse effects to the natural resources.

Title 36 Code of Federal Regulations

Sections 1.5 (Closures and public use limits) and 4.10 (Travel on park roads and designated routes) require the park to manage travel in compliance with EO 11644. National Seashores are listed in section 4.10 as areas where these regulations must apply. The use limitations strive to aid in the management of the park resources.

During 1993, the Interim Plan for Piping Plover Protection was developed with consultation between the national seashore, the USF&WS, and park constituents. At an April 1993 coordination meeting, with participation by the USF&WS and park constituents (listed in 1994 Plan), it was noted that a final EA to protect shorebird breeding habitat must be developed for future years. For details of consultation and coordination in the development of the 1993 Interim Plan for Piping Plover Protection and the 1994 Plan, see Consultation and Coordination section in the 1994 Plan.

A public meeting in preparation for this Environmental Assessment was held in Patchogue on October 25, 1996. During 1997 and 1998, the Environmental Assessment for the Fire Island National Seashore Endangered Species Habitat Management continued to be developed with consultation between Fire Island National Seashore, the US Fish & Wildlife Service, and National Seashore constituents. A press release in January 1998 will announce public meetings for February 1998 to introduce the Environmental Assessment for the new Endangered Species Habitat Management Plan. The press release will be issued to news organizations such as: Newsday, The New York Times, the New York Daily News, and the Long Island Advance. The organizations and individuals to whom the park will send this EA and related press releases will be listed in the Appendix.

All those who comment on the EA will be contacted verbally or in writing, and their comments considered in the development of the Record of Decision.

Environmental Assessment for Endangered Species Habitat Management

Synopsis of Preferred Alternative (2.2) for 1998

Goal: To create optimum conditions for wildlife (including endangered species) using Fire Island National Seashore's ocean beach habitat, in accordance with the Endangered Species Act, the National Park Service Strategic Plan, and U.S. Fish and Wildlife Service guidelines and recovery goals.

2.2.1: Inventory and Monitor Habitat: Park will continue to monitor endangered species habitat, with emphasis on consistency and professionalism.

2.2.2: Limit Disturbance to Endangered Species

2.2.2-1 Minimize disturbance from off-road vehicles

2.2.2-1 (A). Seasonal Vehicle-Free Beaches: Two beaches, one.2 mile beach east of Sailors Haven cut, and one from Long Cove to Old Inlet, closed to vehicles from April 1 to July 15,or later if required for wildlife.

Any beach on the island containing an active nest will be made vehicle-free the week before the eggs are anticipated to hatch until chicks fledge (about 35 days).

2.2.2-1 (B). Year-round Vehicle-Free Beach: The .7 mile beach south of Sailors Haven will be closed to vehicles year-round.

2.2.2-1(C) Identify Alternatives to Beach Driving: Park will work with public service agencies and communities to find alternatives to beach driving.

2.2.2-1 (D) Exceptions for "Light & Sirens" Emergencies: Exceptions to beach driving restrictions will be made for police and fire emergencies; these must be reported in writing to park.

2.2.2-2 Control Other Disturbances to Endangered Species: Minimize negative human impacts on endangered species, such as garbage (attracts predators), pets, and kites.

2.2.2-3 Introduce Graduated Beach Habitat Management

2.2.2-3 (A) General National Seashore Beaches: Park will enact standard operating procedures (detailed protocol available from park upon request) once endangered species are found on the beach. Procedures will vary depending on season, behavior of wildlife, and other conditions.

2.2.2-3 (B) Water Island and Cherry Grove Areas: In places where there are no interior travel routes, Suffolk County Police will be permitted to drive in a corridor on the ocean side of the symbolically fenced area with pedestrian escort.

2.2.3 Public Education: Signs, personal services and media will provide current information about biodiversity, natural processes, and endangered species preservation efforts. Education programs will inform island communities about their rights and responsibilities regarding the Endangered Species Act.

Environmental Assessment for Endangered Species Habitat Management

Synopsis of Preferred Alternative (2.2) for 1999

Goal: To create optimum conditions for wildlife (including endangered species) using Fire Island National Seashore's ocean beach habitat, in accordance with the Endangered Species Act, the National Park Service Strategic Plan, and U.S. Fish and Wildlife Service guidelines and recovery goals.

2.2.1: Inventory and Monitor Habitat: Park will continue to monitor endangered species habitat, with emphasis on consistency and professionalism.

2.2.2: Limit Disturbance to Endangered Species

2.2.2-1 Minimize disturbance from off-road vehicles

2.2.2-1 (A). Seasonal Vehicle-Free Beaches: Two beaches, one .2 mile beach east of Sailors Haven cut, and one from Long Cove to Old Inlet, closed to vehicles from March 1 to July 15, or later if required for wildlife.

Any beach on the island containing an active nest will be made vehicle-free the week before the eggs are anticipated to hatch until chicks fledge (about 35 days).

2.2.2-1 (B). Year-round Vehicle-Free Beach: The .7 mile beach south of Sailors Haven will be closed to vehicles year-round.

2.2.2-1(C) Identify Alternatives to Beach Driving: Park will work with public service agencies and communities to find alternatives to beach driving.

2.2.2-1 (D) Exceptions for "Light & Sirens" Emergencies: Exceptions to beach driving restrictions will be made for police and fire emergencies; these must be reported in writing to park.

2.2.2-2 Control Other Disturbances to Endangered Species: Minimize negative human impacts on endangered species, such as garbage (attracts predators), pets, and kites.

2.2.2-3 Introduce Graduated Beach Habitat Management

2.2.2-3 (A) General National Seashore Beaches: Park will enact standard operating procedures (detailed protocol available from park upon request) once endangered species are found on the beach. On beaches where endangered shorebirds fledged successfully in 1998, protection will increase accordingly. Procedures will vary depending on season, behavior of wildlife, and other conditions.

2.2.2-3 (B) Water Island and Cherry Grove Areas: In places where there are no interior travel routes, Suffolk County Police will be permitted to drive in a corridor on the ocean side of the symbolically fenced area with pedestrian escort.

2.2.3 Public Education: Signs, personal services and media will provide current information about biodiversity, natural processes, and endangered species preservation efforts. Education programs will inform island communities about their rights and responsibilities regarding the Endangered Species Act.

Environmental Assessment for Endangered Species Habitat Management

Synopsis of Preferred Alternative (2.2) for 2000

Goal: To create optimum conditions for wildlife (including endangered species) using Fire Island National Seashore's ocean beach habitat, in accordance with the Endangered Species Act, the National Park Service Strategic Plan, and U.S. Fish and Wildlife Service guidelines and recovery goals.

2.2.1: Inventory and Monitor Habitat: Park will continue to monitor endangered species habitat, with emphasis on consistency and professionalism.

2.2.2: Limit Disturbance to Endangered Species

2.2.2-1 Minimize disturbance from off-road vehicles

2.2.2-1 (A). Seasonal Vehicle-Free Beaches: Two beaches, one .2 mile beach just east of Sailors Haven cut, and one from Long Cove to Old Inlet, closed to vehicles from March 1 to September 1, or later if required for wildlife.

Any beach on the island containing an active nest will be made vehicle-free the week before the eggs are anticipated to hatch until chicks are fledged (about 35 days).

2.2.2-1 (B). Year-round Vehicle-Free Beach: The .7 mile beach in south of Sailors Haven will be closed to vehicles year-round.

2.2.2-1(C) Identify Alternatives to Beach Driving: Park will work with public service agencies and communities to find alternative to beach driving.

2.2.2-1 (D) Exceptions for "Light & Sirens" Emergencies: Exceptions to beach driving restrictions will be made for police and fire emergencies; these must be reported in writing to park.

2.2.2-2 Control Other Disturbances to Endangered Species: Minimize negative human impacts on endangered species, such as garbage (attracts predators), pets, and kites.

2.2.2-3 Introduce Graduated Beach Habitat Management

2.2.2-3 (A) General National Seashore Beaches: Park will enact standard operating procedures (detailed protocol available from park upon request) once endangered species are found on the beach. On beaches where endangered shorebirds fledged successfully in 1998, protection will increase accordingly. Procedures will vary depending on season, behavior of wildlife, and other conditions.

2.2.2-3 (B) Water Island and Cherry Grove Areas: In places where there are no interior travel routes, Suffolk County Police will be allowed to drive in a corridor on the ocean side of the symbolically fenced area with pedestrian escort. (last year).

2.2.3 Public Education: Signs, personal services and media will provide current information about biodiversity, natural processes, and endangered species preservation efforts. Education programs will inform island communities about their rights and responsibilities regarding the Endangered Species Act.

Basmagy-Salesman, K. 1987. Chick Productivity of the Piping Plover on Breezy Point Tip 1987. Unpublished Report. National Park Service, Gateway NRA, Brooklyn, New York. 4 pp.

Buckley, P.A., F.G.Buckley. 1976. Guidelines For Protection and Management of Colonial Nesting Waterbirds. US National Park Service, North Atlantic Regional Office, Boston, Ma. 55 pp.

Cairns, W.E. 1977. Breeding Biology and Behavior of the Piping Plover in Southern Nova Scotia. 115 pp.

Dyer, R.W., A. Hecht, S. Melvin, C. Raithel, K. Terwilliger. 1988. Atlantic Coast Piping Plover Recovery Plan. U.S. Fish and Wildlife Service, Newton Corner, MA 74 pp.

Elias-Gerken, S., Fraser, J.D., Buckley, P.A. 1995. Piping Plover Habitat Suitability on Central Long Island, New York Barrier Islands. Technical Report NPS/NAROSS/NRTR/95-29. Dept of the Interior, National Park Service, Boston, MA. 246pp.

Environmental Assessment, Management Plan for Shoreside Species Breeding Habitat, February, 1994. 33pp.

Fire Island National Seashore Field Biologists Annual Reports: Beach Transect Data. 1991 through 1997, Unpublished. 545 pp.

Flemming, P. 1984. The Status and Responses of Piping Plover to Recreational Activity in Nova Scotia. Thesis. Acadia University.

Flemming, S.P., R.D. Chiasson, and P.C. Smith. 1988. Piping Plover Status in Nova Scotia Related to its Reproductive and Behavioral Responses to Human Disturbances. Journal of Field Ornithology, 59(4):321-330.

Golden, M. 1991. Preproductive Ecology and Management of Piping Plovers at Breezy Point, Gateway National Recreation Area, New York -- 1990. Unpublished report. 16 pp.

Golden, M. 1989. Productivity, Foraging Ecology, Human Disturbance, and Management of Piping Plovers at Breezy Point, Gateway NRA. Final Report. 28 pp.

Golden, M., C. Griffin, and S. Melvin. 1989. Reproductive and Foraging Ecology, Human Disturbance, and Management of Piping Plovers at Breezy Point, Gateway National Recreation Area, New York. Unpublished progress report. University of Massachusetts, Amherst, Massachusetts. 58 pp.

Golden, M. 1988b. The Effects of Human Disturbance on Piping Plovers at Breezy Point. Summary of Presentation at Piping Plover Management and Research Meeting, November 29, 1988, US Fish and Wildlife Service, Newton Corner, Massachusetts. 3 pp.

Golden, M. 1988a. Piping Plover Productivity. Summary of Data from the 1988 Field Season at Breezy Point Submitted to the Gateway National Recreation Area. 3 pp.

Hecht, A., G. Scott, S. Griffin. 1992. Mortality of Piping Plover Chicks Caused By Off-Road Vehicles on Atlantic Coast Beaches. US Fish and Wildlife Service.

Hoopes, E.M., C. Griffin, and S. Melvin. 1990. Relationships Between Human Recreation on Piping Plover Foraging Ecology and Chick Survival. Unpublished progress report. University of Massachusetts, Amherst, Massachusetts. 27 pp.

Lane, B., J.T. Tanacredi. 1992. Management Plan for the Threatened Piping Plover; Sandy Hook Unit, Gateway National Recreation Area. 38 pp.

MacIvor, L.H., C. Griffin, and S. Melvin. 1987. Management, Habitat Selection, and Population Dynamics of Piping Plovers on Outer Cape Cod, Massachusetts 1985-87. Unpublished Report. University of Massachusetts, Amherst, Massachusetts. 11 pp.

Riepe, D. 1992. Management Plan for the Threatened Piping Plover, Breezy Point District, Gateway NRA. 42 pp.

Strauss, E. 1900. Reproductive Success, Life History Patterns, and Behavioral Variation in a Population of Piping Plovers Subject to Human Disturbance (1982-1989). Ph.D. dissertation. Tufts Univ., Medford, Massachusetts.

Strauss, E.G., P.J. Auger, J.A. Chamberlain-Auger, and B. Dane. 1986. Reproduction Success in a Stress Population of Piping Plover. Under Review.

U.S. Fish and Wildlife Service. 1985. Federal Register 50: 50726-50734.

U.S. Fish and Wildlife Service. 1986. Formal ESA Section 7 Consultation and Biological Opinion on Piping Plovers at Fire Island National Seashore, Newton Corner, Massachusetts. 12 pp.

U.S. Fish and Wildlife Service. 1992. Monitoring and Management of the Piping Plover, Chincoteague National Wildlife Refuge, 1992. 32 pp.

U.S.Fish and Wildlife Service. 1996. Piping Plover Recovery Plan, Hadley, Massachusetts. 245 pp.

U.S. Fish and Wildlife Service.1994. Northeastern Beach Tiger Beetle Recovery Plan, Hadley, Massachusetts. 48 pp.

U.S. Fish and Wildlife Service. 1989. Roseate Tern Recovery Plan, Newton Corner, Massachusetts. 86 pp.

U.S. Fish and Wildlife Service. 1993. Seabeach Amaranth Recovery Plan, Newton Corner, Massachusetts. 63 pp.

Weir, Donald. 1995. Fire Island; Visitor Attitudes. Thesis for Masters Degree Program, 119 pp.

APPENDICES

Appendix A: Executive Order #11644A

Use of Off-Road Vehicles on the Public Lands

An estimated 5 million off-road recreational vehicles-motorcycles, minibikes, trail bikes, snowmobiles, dune-buggies, all terrain vehicles, and others-are in use int he United States today, and their popularity continues to increase rapidly. The widespread use of such vehicles on the public lands-often for legitimate purposes but also in frequent conflict with wise land and resource management practices, environmental values, and other types of recreational activity-has demonstrated the need for a unified Federal policy toward the use of such vehicles on the public lands.

NOW, THEREFORE, by virtue of the authority vested in me as President of the United States by the Constitution of the United States and in furtherance of the purpose and policy of the National Environmental Policy Act of 1969 (42 U.S.C. 4321), it is hereby ordered as follow:

SECTION 1.purpose. It is the purpose of this order to establish policies and provide for procedures that will ensure that the use of off-road vehicles on public lands will be controlled and directed so as to protect the resources of those lands, to promote the safety of all users of those lands, and to minimize conflicts among the various uses of those lands.

Sec 2. Definitions. As used in this order, the term:

(1) "public lands" means (A) all lands under the custody and control of the Secretary of the Interior and the Secretary of Agriculture, except Indian lands, (B) lands under the custody and control of the Tennessee Valley Authority that are situated in western Kentucky and Tennessee and are designated as "Land Between the Lakes," and (C) lands under the custody and control of the Secretary of Defense,

(2) "respective agency head' means the Secretary of the Interior, the Secretary of Defense, the Secretary of Agriculture, and the Board of Directors of the Tennessee Valley Authority, with respect to public lands under the custody and control of each;

(3) "off-road vehicle" means any motorized vehicle designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland, or other natural terrain: except that such term excludes (A) any registered motorboat. (B) any military, fire, emergency, or law enforcement vehicle when used for emergency purposes, and (C) any vehicle whose use is expressly authorized by the respective agency head under a permit, lease, license. or contract; and

(4) "official use" means use by an employee, agent, or designated representative of the Federal Government or one of its contractors in the course of his employment, agency, or representation

Sec 3 Zones of Use.

(a) Each respective agency head shall develop and issue regulations and administrative instructions, within six months of the date of this order, to provide for administrative designation of the specific areas and trails on public lands on which the use of off-road vehicles may be permitted, and areas in which the use of off-road vehicles may not be permitted, and set a date by which such designation of all public lands shall be completed. Those regulations shall direct that the designation of such areas and trails will be based upon the protection of the resources of the public lands, promotion of the safety of all users of those lands, and minimization of conflicts among the various uses of those lands. The regulations shall further require that the designation of such areas and trails shall be in accordance with the following-

(1) Areas and trails shall be located to minimize damage to soil, watershed, vegetation, or other resources of the public lands.

(2) Areas and trails shall be located to minimize harassment of wildlife or significant disruption of wildlife habitats.

(3) Areas and trails shall be located to minimize conflicts between off-road vehicle use and other existing or proposed recreational uses of the same or neighboring public lands, and to ensure the compatibility of such uses with existing conditions in populated areas, taking into account noise and other factors.

(4) Areas and trails shall not be located in officially designated Wilderness Areas or Primitive Areas. Areas and trails shall be located in areas of the National Park system. Natural Areas, or National Wildlife Refuges and Game Ranges only if the respective agency head determines that off-road vehicle use in such locations will not adversely affect their natural, aesthetic, or scenic values.

(b) The respective agency head shall ensure adequate opportunity for public participation in the promulgation of such regulations and in the designation of areas and trails under this section.

(c) The limitations on off-road vehicle use imposed under this section shall not apply to official use.

SEC. 4. Operating Conditions.

Each respective agency head shall develop and publish, within one year of the date of this order, regulations prescribing operating conditions for off-road vehicles on the public lands. These regulations shall be directed at protecting resource values, preserving public health, safety, and welfare, and minimizing use conflicts.

SEC. 5. Public Information.

The respective agency head shall ensure that areas and trails where off-road vehicle use is permitted are well marked and shall provide for the publication and distribution of information, including maps, describing such areas and trails and explaining the conditions on vehicle use. He shall seek cooperation of relevant State agencies in the dissemination of this information.

SEC. 6. Enforcement.

The respective agency head shall, where authorized by law, prescribe appropriate penalties for violation of regulations adopted pursuant to this order, and shall establish procedures for the enforcement of those regulations. To the extent permitted by law, he may enter into agreements with State or local governmental agencies for cooperative enforcement of laws and regulations relating to off-road vehicle use.

SEC. 7.Consultation.

Before issuing the regulations or administrative instruction required by this order or designating areas or trails as required by this order and those regulations and administrative instructions, the Secretary of the Interior, as appropriate, consult with the Atomic Energy Commission.

SEC. 8.Monitoring of Effects and Review.

(a) The respective agency head shall monitor the effects of the use of off-road vehicles on lands under their jurisdictions. On the basis of the information gathered, they shall from time to time amend or rescind designations of areas or other actions taken pursuant to this order as necessary to further the policy of this order.

(b) The council on Environmental Quality shall maintain a continuing review of the implementation of this order.

RICHARD NIXON

THE WHITE HOUSE,
FEBRUARY 8, 1972

Appendix B: Executive Order # 11989

EXECUTIVE ORDER 11989

Off-Road Vehicles on Public Lands

By virtue of the authority vested in me by the Constitution and statutes of the United States of America, and as President of the United States of America, in order to clarify agency authority to define zones of use by off-road vehicles on public lands, in furtherance of the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.), Executive Order No. 11644 of February 8, 1972, is hereby amended ad follows:

SECTION 1.

Clause (B) of Section 2(3) of Executive Order No. 11644, setting forth an exclusion from the definition of off-road vehicles, is amended to read "(B) any fire, military, emergency or law enforcement vehicle when used for emergency purposes, and any combat or combat support vehicle when used for national defense purposes, and".

SEC. 2.

Add the following new Section to Executive Order No. 11644: SEC. 9. Special Protection of the Public Lands. (a) Notwithstanding the provisions of Section 3 of this Order, the respective agency head shall, whenever he determines that the use of off-road vehicles will cause or is causing considerable adverse effects on the soil, vegetation, wildlife, wildlife habitat or cultural or historic resources of particular areas or trails of the public lands, immediately close such areas or trails to the type of off-road vehicles causing such effects, until such time as he determines that such adverse effects have been eliminated and that measures have been implemented to prevent future recurrence.

"(b) Each respective agency head is authorized to adopt the policy that portions of the public lands within his jurisdiction shall be closed to use by off-road vehicles except those areas or trails which are suitable and specifically designated as open to such use pursuant to Section 3 of this Order."

JIMMY CARTER

THE WHITE HOUSE,
MAY 24, 1977

Appendix C: Representative List of Constituents Receiving this Environmental Assessment for Public Comment

Federal

Army Corps of Engineers
Cape Cod National Seashore
Department of the Interior
Fish and Wildlife Service
Geological Survey
National Park Service
Department of Justice
Solicitors Office
Environmental Protection Agency
Federal Emergency Management Agency
Fire Island National Seashore
Gateway National Recreation Area
National Oceanic and Atmospheric Admin.
National Marine Fisheries
NPS, Mid-Atlantic Region, Philadelphia
NPS, System Support Office, Boston
US Coast GuardUS Coast Guard
US Congressman Richard Lazio
US Senator Alfonse D'Amato
US Senator Patrick Moynahan
US Fish & Wildlife Service
US Mag., Hon. Fredrick Atwood

New York State

Department of Environmental Conservation
Fish & Wildlife Division
Department of State, Division of Coastal Resources (Coastal Zone Management Program)
Department of Parks, Long Island State Parks
Department of Parks, Jones Beach State Park
Department of Parks, Robert Moses State Park
Cape Cod National Seashore

Regional

Community of Point O'Woods
Davis Park Association
Davis Park Ferry Company
Delaware State Parks
Fire Island Association
Fire Island Environmental Coalition
Fire Island National Seashore Advisory Board
Fire Island Pines Fire Coordinator
Fire Island Pines Property Owners Association
Fire Island News
Fire Island Tide
Fire Island Wilderness Society
Fire Island Year-rounders Association
Garret Anger
Great South Bay Audubon Society
Incorp. Vill. of Ocean Beach
Land Use Company
Long Island Beach Buggy Association
Long Island Colonial Water Bird Association
Long Island Lighting Company
Long Island Shore Front Defense Committee
National Audubon Society
New York Telephone
Sayville Ferry Company
Suffolk County Executive Robert Gaffney
Suffolk County Legislator Angie M. Carpenter
Suffolk County Legislator Brian X. Foley
Suffolk County Parks
Suffolk County