SAND LUVR
06-23-2003, 07:43 AM
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Federal Judge Enforces Settlement Minimizing Oceano Dunes Closure
Friends of Oceano Dunes Instrumental in Defending Public's Right to Access
Oceano, CA - June 23, 2003 - Friends of Oceano Dunes, a non-profit multi-use organization, announced today that they, along with the California Off Road Vehicle Organization (CORVA) and California State Parks have reached a settlement - after over a year of legal wrangling with the Sierra Club. During recent settlement discussions between the grass roots organization, the Environmental Defense Center (EDC) and California State Parks; Friends of Oceano Dunes successfully fought Sierra Club attempts to completely close the Oceano Dunes State Vehicular Recreation Area (ODSVRA) to public vehicle access.
In November 2001, the Sierra Club, represented by the EDC, filed suit against State Parks for non-compliance with the Endangered Species Act. Complicating the matter was the unfortunate situation of State Parks losing an Incidental Take Permit issued through the Army Corps of Engineers. The unavoidable loss of the permit created an extremely vulnerable situation for State Parks where the entire beach could have been closed to public access.
The settlement will provide State Parks breathing room while they complete their Habitat Conservation Plan (HCP), which is required to restore the permit. Completion of the HCP is anticipated in 2004. The settlement calls for an interim, temporary beach closure to milepost six until the HCP is approved. This most recent beach closure is meant to protect the Western Snowy Plover however it will also prevent camping, fishing, hiking, walking, kite flying, equestrians and vehicle access.
"We could have lost the entire park, and once it is gone we would never get it back," said Jim Suty, president of Friends of Oceano Dunes. "Although the settlement does result in a, temporary expanded beach exclosure, it enabled us to get the lawsuit dropped entirely - this is definitely a victory for our side. This now gives us the opportunity to get out of the defensive mode and start aggressively fighting to give the park back to the people," he added.
Ed Waldheim, president of CORVA endorsed Jim's comments and added, "Although it required the legal system to protect the public's access, responsible recreationists and environmentalists can take solace that both humans and other species were given their day in court."
As part of the settlement, State Parks also committed to look at expanding riding opportunity in the back dunes area, as well as to establish plover habitat in the already closed areas near Oso Flaco Lake and in the southern portion of the park to help minimize future beach closures in open riding areas.
"Although we wish we didn't have to give an inch, the implications of not negotiating could have been disastrous for park visitors. The judge in the case could have unilaterally ordered a full closure, which was likely considering State Parks didn't have a permit," said Suty.
Don Klusman, California Association of 4 Wheel Drive Clubs, "…. complimented State Parks for its efforts to make ODSVRA users part of the difficult settlement process."
The agreement will take effect after the July 4th holiday. State Parks will be releasing details to the public in advance of the holiday to prepare visitors for changes in park management resulting from the settlement.
Federal Judge Enforces Settlement Minimizing Oceano Dunes Closure
Friends of Oceano Dunes Instrumental in Defending Public's Right to Access
Oceano, CA - June 23, 2003 - Friends of Oceano Dunes, a non-profit multi-use organization, announced today that they, along with the California Off Road Vehicle Organization (CORVA) and California State Parks have reached a settlement - after over a year of legal wrangling with the Sierra Club. During recent settlement discussions between the grass roots organization, the Environmental Defense Center (EDC) and California State Parks; Friends of Oceano Dunes successfully fought Sierra Club attempts to completely close the Oceano Dunes State Vehicular Recreation Area (ODSVRA) to public vehicle access.
In November 2001, the Sierra Club, represented by the EDC, filed suit against State Parks for non-compliance with the Endangered Species Act. Complicating the matter was the unfortunate situation of State Parks losing an Incidental Take Permit issued through the Army Corps of Engineers. The unavoidable loss of the permit created an extremely vulnerable situation for State Parks where the entire beach could have been closed to public access.
The settlement will provide State Parks breathing room while they complete their Habitat Conservation Plan (HCP), which is required to restore the permit. Completion of the HCP is anticipated in 2004. The settlement calls for an interim, temporary beach closure to milepost six until the HCP is approved. This most recent beach closure is meant to protect the Western Snowy Plover however it will also prevent camping, fishing, hiking, walking, kite flying, equestrians and vehicle access.
"We could have lost the entire park, and once it is gone we would never get it back," said Jim Suty, president of Friends of Oceano Dunes. "Although the settlement does result in a, temporary expanded beach exclosure, it enabled us to get the lawsuit dropped entirely - this is definitely a victory for our side. This now gives us the opportunity to get out of the defensive mode and start aggressively fighting to give the park back to the people," he added.
Ed Waldheim, president of CORVA endorsed Jim's comments and added, "Although it required the legal system to protect the public's access, responsible recreationists and environmentalists can take solace that both humans and other species were given their day in court."
As part of the settlement, State Parks also committed to look at expanding riding opportunity in the back dunes area, as well as to establish plover habitat in the already closed areas near Oso Flaco Lake and in the southern portion of the park to help minimize future beach closures in open riding areas.
"Although we wish we didn't have to give an inch, the implications of not negotiating could have been disastrous for park visitors. The judge in the case could have unilaterally ordered a full closure, which was likely considering State Parks didn't have a permit," said Suty.
Don Klusman, California Association of 4 Wheel Drive Clubs, "…. complimented State Parks for its efforts to make ODSVRA users part of the difficult settlement process."
The agreement will take effect after the July 4th holiday. State Parks will be releasing details to the public in advance of the holiday to prepare visitors for changes in park management resulting from the settlement.