In August 2003, the Fire Island Off-Road Driving Regulation Negotiating Committee reached consensus on an agreement to guide the drafting of new off-road driving regulations. Stakeholders reached this consensus, achieved on most but not all regulatory issues, after over a year of hard work.
Background
Fire Island National Seashore was established in 1964 to preserve the only developed barrier island in the U.S. without roads. Fire Island is home to the endangered piping plovers and numerous other coastal flora and fauna, and fragile dunes and dune grass that protect the main shoreline of southern Long Island from the pounding Atlantic surf. Fire Island is also home to a few hundred families who live there year round and 17 thriving villages where tens of thousands of visitors come each year to get away from the hustle and bustle of metropolitan New York. There are no roads within the Park. However, a complex set of rules has been established around driving off-road to ensure telephones work, garbage is hauled away, year round residents can lead their lives, and public safety can be protected while protecting natural resources and the roadless beauty of the Island.
The Park Decides To Try Consensus Building
In 1999, the Superintendent of the Fire Island National Seashore, in response to concerns of local residents, visitors, and staff, sought to explore the possibility of building consensus on new regulations for off-road motor vehicle use within the Park. The National Park Service retained CBI and Greg Sobel of Environmental Mediation Services (EMS) to conduct a conflict assessment and, if agreed upon, convene and mediate a negotiated rulemaking.
In the 2000 conflict assessment, CBI and EMS concluded that a consensus-based negotiation to improve the current vehicle use regulations and their implementation could be convened and would be likely to succeed. After a delay due to Federal Advisory Committee Act (FACA) chartering and establishing final membership, the regulatory negotiation got underway in June 2002.
Stakeholders Tackle Tough Issues
In the first sessions of the Committee, the parties realized the difficulties of regulating driving for year-round residents, contractors, providers of essential services, and many others, all while seeking to protect natural resources, endangered species, and the unique roadless character of the Island. Committee members included year-round residents, part-time residents, various Island organizations, contractors, garbage and fuel haulers, ferry companies, utilities, and environmental and visitor groups. The Committee first reached agreement on a broad set of negotiating principles and guidelines. This framework provided the “structure” for the committee to further develop detailed proposals for regulating seasons of driving, locations of driving, and permitting requirements and procedures.
The Committee then met in numerous subcommittees to hash out various driving issues and concerns. Year-round residents wanted to ensure that their and their children’s lives could be maintained. East End residents wanted to ensure that they could protect endangered species, but also exist when ferry service was not available. The Park Service wanted to ensure the new regulations met federal regulations and Park Service national policy and guidelines.
Finally, through intensive, two day meetings in the spring and summer of 2003, the Committee drafted and redrafted a single text “consensus agreement.” In August 2003, the committee reached consensus on most, but not all issues.
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