Will Oceano Dunes open to vehicles? Snowy plover lawsuit seeks to block park from reopening
The Center for Biological Diversity filed a lawsuit Thursday morning against the California Department of Parks and Recreation to protect threatened shorebirds at the Oceano Dunes — one day before vehicles were set to return to the popular state park.
The Oceano Dunes State Vehicular Recreation Area, operated by State Parks, closed in March due to the coronavirus pandemic. An order by the California Coastal Commission in July extended that closure.
On Friday, the park near Pismo Beach was set to reopen to vehicle traffic at 7 a.m.
The center’s lawsuit, which was filed Thursday in the U.S. District Court for the Central District of California Western Division, claims that State Parks’ actions will violate the Endangered Species Act, which protects western snowy plovers at the Oceano Dunes, according to a news release.
Western snowy plovers are among the most threatened shorebirds in North America.
“For decades, State Parks has let dune buggies and other vehicles harm snowy plovers and their habitat at Oceano Dunes, in violation of the Endangered Species Act,” Jeff Miller, a senior conservation advocate at the Center for Biological Diversity, said in the release.
According to the Center, an average of four to six snowy plovers were killed annually by vehicles at the dunes from 2016 to 2019.
The lawsuit specifically requests that the court declares that State Parks has violated and is violating the Endangered Species Act “by taking listed species without an incidental take permit.”
The lawsuit also calls for the court to prohibit State Parks from “continuing to authorize and permit activities that (harass, harm, pursue, hunt, shoot, wound, kill trap, capture or collect) threatened snowy plovers without an incidental take permit from the U.S. Fish and Wildlife Service under the Endangered Species Act.”
State Parks officials said they will continue with their reopening plan and allow vehicle use to resume Friday.
“At this time, State Parks will continue with its three-phased reopening plan allowing vehicles at Oceano Dunes SVRA and Pismo SB, starting tomorrow,” a statement from State Parks read.
State Parks was unable to comment further on the lawsuit.
A timeline of the Oceano Dunes closure
State Parks closed the ODSVRA in mid-March due to COVID-19 and has extended the closure several times.
In June, the California Coastal Commission delivered a cease-and-desist letter to State Parks after the state organization was allegedly interfering with the nesting of western snowy plovers and California least terns, violating the federal Endangered Species Act.
A month later, the park was ordered to remain closed until Oct. 1 by the California Coastal Commission to protect snowy plovers and terns because the threatened bird species had begun nesting in areas that are typically occupied by dune riders.
However, as October neared, State Parks began canceling reservations that were made between Oct. 1 and Oct. 18, citing COVID-19 concerns as the reason for postponing the reopening date.
State Parks then issued a phased plan to reopen the park that was set to begin Friday.
Up to 1,000 so-called “street legal” vehicles such as Jeeps and trucks will be allowed onto the beach from 7 a.m. to 8 p.m. daily, according to the plan.
“It’s outrageous that State Parks intends to allow night-time off-roading and driving on the beach, which will likely result in protected shorebirds being run over,” Miller said in the Center of Biological Diversity release.
Camping and off-highway vehicles will not yet be permitted.
This story has been updated to include a comment from State Parks.
This story was originally published October 29, 2020 at 11:50 AM with the headline "Will Oceano Dunes open to vehicles? Snowy plover lawsuit seeks to block park from reopening."
