Off-roading at Oceano Dunes violates Endangered Species Act, court rules
A U.S. federal court ruled that the California Department of Parks and Recreation violated the Endangered Species Act by allowing a protected shorebird to be harmed by off-roading in the Oceano Dunes State Vehicular Recreation Area.
The Endangered Species Act prohibits unintentional harm known as “incidental take” of protected animals.
In 2020, the non-profit conservation organization Center for Biological Diversity sued the Department of Parks over the incidental take of Western snowy plovers, which are shorebirds designated as threatened under the Endangered Species Act.
On Nov. 20, Judge Anne Hwang ruled in favor of the Center for Biological Diversity.
The U.S Fish and Wildlife Service designated certain parts of the Oceano Dunes as critical habitat for the snowy plover, including some areas where off-roading is authorized, according to the ruling.
By 2002, State Parks started the process for creating a Habitat Conservation Plan under the Endangered Species Act to allow for the incidental take of snowy plovers. But as of Nov. 20, State Parks hadn’t finished the plan or acquired a permit for the incidental take of snowy plovers, the ruling said.
State Parks did, however, have a natural resources management program that supported the snowy plover and other protected birds.
“During State Park’s management, the population of breeding adult snowy plovers has increased from approximately 30 breeding adults in 2002 to over 200 in 2024,” the ruling said.
While the snowy plover population grew under State Park’s supervision, the shorebirds continue to be harmed and even killed by off-roading.
“Vehicles can and do drive through flocks of roosting snowy plovers,” the ruling said. “Snowy plovers tend to roost in vehicle tracks at the Oceano Dunes SVRA. Snowy plovers at the Oceano Dunes SVRA are flushed from roosts and forced to move or expend energy to avoid vehicles.”
Therefore, State Parks violated the Endangered Species Act by allowing the harassment and death of snowy plovers due to off-roading, the judge said.
The Center for Biological Diversity celebrated the ruling.
“The court’s ruling sends a strong message that California must finally safeguard the federally protected birds it has for so long ignored,” Center for Biological Diversity senior conservation advocate Jeff Miller said in a statement. “For decades, state officials have let off-road vehicles tear through endangered species habitat at Oceano Dunes, injuring and killing snowy plovers, harassing roosting flocks and degrading their habitat. This decision makes it clear that such neglect can no longer continue.”
State Parks declined to comment on pending litigation.
What’s next?
State Parks applied to the U.S. Fish and Wildlife Service for an incidental take permit for the Oceano Dunes on Nov. 21, according to a news release for the Center for Biological Diversity.
Meanwhile, on Nov. 24, the Department of Parks and Recreation released a draft Environmental Impact Report for an updated Habitat Conservation Plan to support the incidental take permit, according to a notice from State Parks.
Read the report online at www.oceanoduneshcp.com. State Parks will host a public comment meeting for the report on Jan. 13 from 6 to 8 p.m. on Zoom. Find the meeting registration link here: https://bit.ly/44tUiNV.
The public can comment on the report until Jan. 23 at 5 p.m.
Email comments to comment@oceanoduneshcp.com, or mail written comments to Mr. Ronnie Glick, Senior Environmental Scientist, California Department Parks and Recreation, Oceano Dunes District, 340 James Way, Ste. 270, Pismo Beach, CA 93449.
