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CBD files suit against DPR over Oceano

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  • CBD files suit against DPR over Oceano

    From Helen Baker on Pirate:

    Lawsuit Announced to Stop Beach Driving From Killing Snowy Plovers in California's Oceano Dunes

    OCEANO, Calif.— The Center for Biological Diversity Monday filed a formal notice of intent to sue against the California Department of Parks and Recreation over its ongoing authorization of motorized vehicle use at the Oceano Dunes State Vehicular Recreation Area, which is known to result in mortality of wintering snowy plovers—a threatened species.

    "The Endangered Species Act prohibits anyone, including state agencies, from killing, harming, or harassing listed species like the snowy plover," said John Buse, a Center for Biological Diversity senior staff attorney. "Despite observations of snowy plovers crushed and terrorized by vehicles, the Department of Parks and Recreation has done nothing to stop further harm to wintering plovers."

    The Oceano Dunes State Vehicular Recreation Area, in southern San Luis Obispo County, includes about 1,500 acres of sand dunes and 5.5 miles of beach areas open for use by motorized vehicles. The Area is operated and managed by the Department of Parks and Recreation's Off-Highway Motor Vehicle Recreation Division. Street-legal vehicles can be operated on the beach in the northern portion of the Recreation Area, while the southern portion is open to off-road vehicles and motorized campers.

    But the Oceano Dunes State Vehicular Recreation Area is also home to hundreds of western snowy plovers, a small shorebird that is protected as a threatened species under the federal Endangered Species Act. Snowy plovers nest and breed in the Recreation Area between March and September, with most individual birds returning year after year to the exact same nesting spots, generally in flat open areas such as beaches and sandspits. Many snowy plovers also remain in the Recreation Area after the end of breeding season and throughout the winter, where they are vulnerable to disturbance and to being struck by vehicles.

    In addition to managing the Oceano Dunes State Vehicular Recreation Area, the Department of Parks and Recreation permits special off-road vehicle events and races. As a result of a previous Center for Biological Diversity lawsuit, during one such event in October 2008, the Department deployed biological monitors to determine whether snowy plovers were harmed. Monitors reported that one plover was found dead in tire tracks and appeared to have been crushed. In addition, monitors observed dozens of snowy plovers "being terrorized" by vehicles on the beach.

    The notice provided to the Department of Parks and Recreation announced the Center's intent to sue if the Department fails to take action to prevent future injury to snowy plovers. "For a species as imperiled as the snowy plover, any harm or harassment matters," said Buse.
    ###

    Helen Baker
    www.pfjv.org
    Rich

  • #2
    This will never end as long as the ESA exists and CBD, Sierra Club and others have "standing" and just by filing suit can close an area. We are in for an awful four years!! I think this is especially true in California with Diane, Barbara and Nancy in POWER.
    Rich

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    • #3
      Originally posted by Ol Man View Post
      This will never end as long as the ESA exists and CBD, Sierra Club and others have "standing" and just by filing suit can close an area. We are in for an awful four years!! I think this is especially true in California with Diane, Barbara and Nancy in POWER.
      Just three more reasons to get out there and VOTE!
      [CENTER][COLOR=#ff0000]Resistance Off Road
      [/COLOR]Join the Resistance...
      http://www.resistanceoffroad.us[/CENTER]

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      • #4
        I'm having snovy plover for dinner tonight in protest.

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