State Parks reinstalls snowy plover fencing at Oceano Dunes after ‘dismayed’ reaction
California State Parks has replaced fencing surrounding 300 acres of habitat for endangered and threatened birds at Oceano Dunes State Vehicular Recreation Area, a little more than a week after removing it.
State Parks took down the exclosure fencing, which protected an area for western snowy plovers and California least terns at the park in southern San Luis Obispo County, on Oct. 1.
Snowy plovers are considered threatened under the federal Endangered Species Act, while least terns are endangered.
The action violated the park’s coastal development permit, which was amended in March by the California Coastal Commission to mandate the exclosure area be permanent, among other things.
By violating the conditions of the permit, State Parks was also breaking the law under the California Coastal Act.
On Saturday morning, State Parks reinstalled the fencing surrounding the 300-acre exclosure.
“California State Parks takes seriously its obligation to protect important habitats at Oceano Dunes State Vehicular Recreation Area,” Gloria Sandoval, State Parks deputy director of public affairs, wrote in an email to The Tribune on Monday. “Over the weekend, the department reinstalled fencing in the southern area of Oceano Dunes State Vehicular Recreation Area.
“State Parks continues to work with the Coastal Commission on implementing the coastal development permit, including permanent fencing, which State Parks will address as soon as practicable.”
Previously, Sandoval told The Tribune that State Parks had taken down the exclosure fencing at the Oceano Dunes because the agency was “concerned that leaving the temporary fencing in place could result in failure and other maintenance and public health and safety issues.”
The Coastal Commission was not told ahead of time that State Parks had planned to take down the fencing. Instead, agency staff learned of the move four days later, on Oct. 4.
Coastal Commission executive director Jack Ainsworth was “surprised and dismayed” by State Parks’ actions and requested the agency reinstall the fences immediately, he wrote in an email sent to the Tribune on Thursday.
On Saturday, Audubon California denounced State Parks’ decision to remove the snowy plover exclosure fencing via Twitter.
“As snowy plovers are suffering from the Huntington Beach #oilspill, they are also in danger at Oceano Dunes after the State Park removed fences protecting sensitive habitat areas,” the nonprofit organization’s post read. “As a federally threatened species, they must be protected.”
Off-highway vehicle enthusiasts seemed upset by State Parks reinstalling the exclosure fencing.
In a post to Facebook on Sunday, Friends of Oceano Dunes, a nonprofit group that advocates for continued and expanded recreational opportunities at the park, said they were saddened the Off Highway Motor Vehicle Recreation Commission was unaware of the fences being put back up.
“How is it that we always know (what) is happening before the decision makers?” the post read. “Why does State Parks NEVER stand up for the Californian’s [sic] they were sworn to serve, OHV (off-highway vehicle) users in particular.
“State Parks Sacramento leadership seems more concerned about protecting their own jobs than protecting the staff and users at Oceano Dunes. There’s nothing to celebrate while you’re being stabbed in the back.”
Additional actions by State Parks violate Coastal Act
The Coastal Commission’s March vote to amend the permit for the Oceano Dunes banned off-highway vehicles from most of the park by 2024.
In addition, the amendment prohibited vehicles from driving below the mean high tide line, blocked State Parks from conducting any intense grading work below the mean high tide line without a permit and prevented vehicles from crossing Arroyo Grande Creek while it still flowed into the ocean.
State Parks has allowed those actions to take place in the park, even though the agency is violating the park’s permit by doing so.
By violating the Coastal Act, State Parks could be subject to penalties from the Coastal Commission’s enforcement division.
However, the Coastal Commission is a resource-strapped state agency with a growing backlog of more than 2,600 open, unresolved enforcement cases, according to a Coastal Commission report.
The Coastal Act allows for what’s referred to as “citizens enforcement,” where anyone can bring legal action to enforce the law. In other words, anyone can file a civil lawsuit against a person or entity for violations of the Coastal Act.
This story was originally published October 12, 2021 at 8:20 AM.
