November 30, 2001
Contact: Babak Naficy, EDC: (805) 781-9932; Tarren Collins, Sierra Club: (805) 773-0233

TRAGIC LOSS OF ENDANGERED BIRDS AT OCEANO DUNES RESULTS IN LOCAL CITIZENS TAKING ACTION
Sierra Club and Environmental Defense Center File Lawsuit Charging California Department of Parks and Recreation with Violating the Endangered Species Act at Oceano Dunes State Vehicular Area

SAN LUIS OBISPO, CA - Today, the Environmental Defense Center (EDC) and the Santa Lucia Chapter of the Sierra Club announced the filing of a lawsuit against the California Department of Parks and Recreation (DPR) as part of their continued effort to save the endangered birds and fish from DPR's poor management of the Oceano Dunes State Vehicular Recreation Area (ODSVRA) in San Luis Obispo County.

The ODSVRA provides critical habitat for the threatened Western Snowy Plover and provides important habitat for the endangered California least tern. Arroyo Grande Creek, which drains into the Pacific Ocean from within the ODSVRA boundaries, provides critical habitat for the threatened southern steelhead. The lawsuit charges DPR with causing "take" of these listed species by permitting hundreds of thousands of off-road vehicles annually to drive throughout the beach dune system killing federally protected species, destroying their habitat, interfering with breeding and foraging patterns, and otherwise harming the protected species that occupy the park. Because DPR currently does not have an Incidental Take Permit, its management and operation of the ODSVRA violates the Endangered Species Act (ESA).

"Sierra Club feels compelled to do whatever we possibly can to avoid the imminent extinction of the Western Snowy Plover, a precocious shorebird whose history is as important as the coast itself", said Mark Massara, Director of Sierra Club's Coastal Program. "The dramatic decline of the plover is in part related to a failure of State Parks' to place any meaningful limitations on the number of vehicles on the beach at Oceano, and our lawsuit will force them to undertake immediate action to protect the few remaining plovers attempting to survive amongst hundreds of thousands of off-road vehicles. Our actions may well be too little too late, and the plover may well become extinct. We couldn't live with ourselves, however, if we didn't try."

Currently, DPR allows intensive use of the Dunes and most of the beach at the ODSVRA. The environmental impacts caused by the seemingly unending numbers of vehicles on the unique and fragile Oceano Dunes ecosystem is of great concern to citizens in the area. The extremely high vehicle use of the ODSVRA results in an unusually high mortality rate of terns and plovers.

Up to 4,300 vehicles are allowed to use the Park daily, and during holiday weekends tens of thousands of visitors use the Dunes to ride off-road vehicles and to camp. DPR's continued failure to manage ongoing and predictable harm to these sensitive species has resulted in the deaths of protected species, including the loss of an entire generation of snowy plover chicks this year. "And make no mistake, State Parks at the ODSVRA is the worst example of endangered species protection ever attempted," said Tarren Collins, Chair, Sierra Club's Santa Lucia Chapter. " While not restricting even a single car from accessing the dunes and beach this year, State Parks managed to allow 67 of 68 Western Snowy Plovers born on the property to be killed."

If successful, the proposed lawsuit will force the California Department of Parks and Recreation to impose greater restrictions on ORV use within the Oceano Dunes -- restrictions that are essential to protect the listed species that occupy the area. "The Park Department's mismanagement of Oceano Dunes has created a death trap for snowy plovers," said Babak Naficy, Attorney for the Environmental Defense Center. "Under their management, almost every single snowy plover chick that hatched in the park died. The state needs to manage the park in a way that protects these rare species, not causes their death."

EDC, representing Sierra Club, filed notice in April of 2001 of its intention to sue DPR based on these violations of the ESA. After the abysmal results of this year's snowy plover nesting season became publicly known, EDC issued a second Notice of Intent to Sue in September, alleging that DPR's management practices continue to result in species death and violations of the ESA.

The Environmental Defense Center is a non-profit, public interest environmental law firm that represents citizen groups along California's Central Coast in enforcing local, state and federal environmental laws. The Sierra Club is a national membership organization whose mission includes environmental protection and the responsible use of natural resources. The Santa Lucia Chapter of the Sierra Club has over 2000 members on the Central Coast. Please contact EDC at (805) 781-9932 or Sierra Club at (805) 773-0233.