Smith Point County Park could continue to see increased closures due to piping plover debate.

Piping plover at Smith Point cause county and federal debate

FWS must relax regulations so that beach goers can enjoy a less-limited season

Story By: Nicole ALLEGrezza

Long Island Advance
5/11/2017

According to the U.S. Fish and Wildlife Service, the lack of a Suffolk County conservation plan for piping plover leaves those who look forward to enjoying Smith Point County Park in limbo. But according to the county, FWS must relax regulations so that beach goers can enjoy a less-limited season.

Last week, May 4, Suffolk County Officials, campers, fishermen and Mastic Beach residents met at the Smith Point County Park Outer Beach booth entrance, calling for regulation relief against a federal mandate that they claim endangers life and property and limits beach access.

According to a letter dated February 2017 from Congressman Lee Zeldin (NY-1) addressed to County Executive Steve Bellone, the beach will be severely restricted due to the presence of piping plover, if a plan is not enacted. He also wrote to Legis. Kate Browning this past April, urging an alternative management plan so that the birds can be protected while also ensuring public access.

Browning replied a few days later in May. She stated that since meeting in 2016 with FWS, the county has been working to progress with an alternative management plan to increase beach access, however, she felt FWS has contradicted their position to work cooperatively. She explained that it is the county’s understanding that FWS wants to enter the park to use herbicides to de-vegetate the dune system in the vicinity of where overwash occurred from Superstorm Sandy. The attempts come from the Fire Island Inlet to Moriches Inlet, or FIMI, plan, which will eventually be replaced by the FIMP, Fire Island to Montauk Point, project in conjunction with the U.S. Army Corps of Engineers, Department of Interior and the NYS Department of Environmental Conservation.

In a letter from the U.S. Army Corps of Engineers to Suffolk County parks commissioner Greg Dawson, dated June 2016, Peter Weppler, chief environmental analysis branch, confirmed this claim. He wrote that due to the FWS project for the piping plover, there is a need to remove vegetation by using herbicides at Smith Point County Park, where overwash occurred. The purpose would be to maintain the area for nesting. The letter also claimed knowledge of the county’s herbicide restrictions but requested a waiver anyway.

FWS spokesperson Meagan Racey explained that as part of the Department of Interior, FWS has been working on the FIMI/FIMP, but the Army Corps of Engineers has the lead. Their primary role, she explained, is to reduce the risk for human life while also maintaining a barrier island system, protecting endangered species and encouraging natural costal processes such as washovers. 

“Suffolk County Parks has restricted ORVs from the outer beach in order to protect rare piping plovers, whose breeding areas are limited to several areas in the park,” she said. “We understand the challenge that restrictions can pose to beach users and have met with the county and local officials to work on this issue.”

FWS presented a proposal to update a habitat conservation plan for piping plover at Smith Point during a meeting with the county in late 2016. 

Racey said there is no final plan released as of yet by the U.S. Army Corps of Engineers and all items such as dune height and vegetation are part of discussions. She said as part of the project, the Corps has set aside areas including Pattersquash and Great Gun to be managed for wildlife restoration by removing vegetation and allowing overwash.

However, she explained, the vegetation management hasn’t occurred due to complications with the Corps requesting a waiver from the county to use herbicides north of Burma Road. 

“We attempted to assist the Corps in vegetation removal in the FIMI designated vegetation management areas [not the dune] in March, but the efforts were suspended because of the County’s concerns of the integrity of the bridge to withstand the heavy equipment,” she said. “It’s also now too late, because we would disturb the nesting birds there.”

Browning explained that if dune height was not restored and de-vegetation occurred, piping plover populations would increase and so would closures, thus rendering a plan useless. She also wrote that the costs of an alternative management plan are unachievable under current conditions. She suggested that a plan wouldn’t even be necessary if the mandates were eliminated, being that plover would naturally form habitats elsewhere. Once the federal policies are removed, she said, if a plan is necessary and cost effective, the county is willing to move forward.

One alternative management plan suggested by FWS is an escort service that would allow vehicles into the beach while also protecting the birds.

“Still, there is no guarantee this plan would be approved; it would cost thousands of dollars to create and it would be an expensive and cumbersome process if it were approved,” said Browning.

Racey said the federal government would be willing to provide their expertise to formulate a plan, but it would be up to the county to provide the funding for those resources.

Still, Browning feels the plan is unnecessary being that plover can be found at Watch Hill in the federal preserve and at the designated area near Great Gun. She said that she feels there is no reason why the birds need this particular area as well.

“We were advised to come up with a plan to protect the piping plover while also allowing people on the beach,” said Browning, despite an agreement made a few years ago allowing about 100 acres for piping plover nesting near Great Gun.

In addition to solving the beach closure issue, Browning noted that the outer beach acts as a barrier between the ocean and residents of Mastic Beach. Though dune heights destroyed by overwash have created the ideal habitat for the piping plover, it has caused a major flooding concern. 

Browning hopes to see the U.S. Army Corps of Engineers restore the dune heights. 

However, she explained, FWS made conditions to protect the “natural” conditions the washover created in order to protect the new habitat for the piping plover. 

Additionally, coastal geologist Cherly Hapke, director of St. Peter’s Coast and Marine Science Center, charged with providing unbiased science, explained that reduced dune height would not affect residents. She said overwash is a critical process for barrier islands to maintain their health and increase elevations in the middle of the island so that it can remain resilient.

“Overwash is great for barrier beaches. That being said, if a big storm hits Fire Island, which does buffer the mainland from storm waves, during storms like Sandy the majority of flooding occurs due to water coming in from the inlets, Fire Island and Moriches,” she said. “No matter how high or low the dunes are, it won’t prevent waters from coming into the bay and it won’t make a difference in the biggest storms.”

In the largest storms, she explained, dune height wouldn’t make a difference and wouldn’t directly protect Mastic Beach from flooding.

Browning disagreed. She said if it weren’t for the dune heights protecting the mainland during Sandy, flooding could have been much worse and she doesn’t want to leave it up to the residents to play “Russian roulette” without the dune height. 

“Since Sandy, the washover created this habitat for the plover, but you have to look at what is safe for the residents. Residents have priority over plover in my opinion,” she added.

According to Jim D’Ambrosio, U.S. Army Corps of Engineers public affairs specialist, Corps has complied with all regulations pertaining to the federally protected piping plover while working at Smith Point County Park. Beach closures associated with the birds have been longstanding.

“The Suffolk County Department of Parks and Recreation has jurisdiction over the closure of Smith Point, and has an agreement with the U.S. Fish and Wildlife Service to monitor and protect the birds when they’re present [from April 1 - Sept. 30],” he said. “Some stakeholders have put forth ideas to mitigate beach closures, however, it is outside the purview of the Army Corps of Engineers to take part in that process.” 

In this case, he explained, the Corps’ involvement is limited to reducing flood risk from severe storms. He did not indicate whether or not dune restoration was part of that effort.

The county, Browning said, urges the Army Corps to reconstruct dune height and see FWS relax their regulations to limit piping plover populations and allow the more than 5,000 worth of permitted campers, fishermen and beach goers to utilize the beach. FWS suggests the county formulate an alternative management plan.