April 23, 2001

Contact:
Babak Naficy, EDC: (805) 781-9932
Gordon Hensley, EDC: (805) 791-9932

EDC FILES NOTICE TO SUE CALIFORINA PARKS AND RECREATION DEPARTMENT FOR VIOLATIONS OF ENDANGERED SPECIES ACT

SAN LUIS OBISPO, CA- The Environmental Defense Center, on behalf of the Santa Lucia Chapter of the Sierra Club, has filed a 60-Day Notice of Intent to Sue the California Department of Parks and Recreation (DPR), Off-Highway Vehicle Division, for violating section 9 of the Endangered Species Act (ESA) by causing the take of federally protected species through the continued operation of the Oceano Dunes State Vehicular Recreation Area (ODSVRA).

"The DPR has acted, and continues to act, in violation of the Federal Endangered Species Act," said Babak Naficy, Senior Staff Attorney with the Environmental Defense Center (EDC) in San Luis Obispo. "Unless they come into compliance with the provisions set forth by the ESA, we intend to hold them accountable for any harm done to these sensitive species."

The 60-Day Notice filed by EDC claims various violations of the ESA. In a 1995 statement prepared by the Army Corps of Engineers (Corps) and the Dept. of Fish and Wildlife Service (FWS), the 'take' of threatened or endangered species through an Incidental Take Statement (ITS) would be permitted in the Oceano Dunes Area if these 'takes' did not pose imminent threat to the continued existence of these species or adverse modifications to their habitat. In order to draw such a conclusion, the DPR was mandated, among other things, to come up with a Habitat Management Plan (HMP) for the area by February 1, 1996, with a final plan in place by March 1, 1996. To date, the DPR has failed to produce its required HMP.

In addition, on March 8, 1999, the Corps re-initiated consultation with the FWS under Section 7 of the ESA because the DPR had been exceeding or meeting the 'take' limits for plovers and terns set forth by the original Corps/FWS Opinion. To date, the FWS has not issued a revised Biological Opinion. According to evidence, however, it is clear that the terns and plovers are being harmed by the operation of the park: they are being crushed, harassed, deprived of foraging grounds, etc. The DPR has not taken adequate steps to protect the species from harm.

"The Parks Department has had over twenty years to take the necessary steps to protect the plover and other species," said Tarren Collins, President of the Santa Lucia Chapter of the Sierra Club. "However, they have knowingly and irresponsibly delayed conducting the appropriate studies. Their time is up."

The DPR is currently operating without a valid ITP from the United States Fish and Wildlife Service. As the Corps' Regional Permit under §404 of the Clean Water Act has expired, the Biological Opinion (BO) previously issued by FWS is no longer in effect. Therefore, the DPR's activities which can and have resulted in "take" of the federally protected California least tern and snowy plover are now in violation of the federal Endangered Species Act (ESA).

Apart from serving as critical habitat for the least tern and the snowy plover, the Oceano Dunes State Vehicular Recreation Area (ODSVRA) is also considered critical habitat for the Red Legged Frog. Additionally, the ODSRVA contains three protected plants within its borders- the Marsh Sandworth, the Gamble's watercress and the La Graciosa thistle.

The Environmental Defense Center is a non-profit, public interest environmental law firm that represents client groups along the central coast in enforcing local, state and federal environmental laws.

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