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Crowdog
02-21-2004, 08:08 AM
Coastal commission continues permit to protect dune birds

Regulators also seek to expand fenced-off areas for plovers, terns

The Associated Press
February 21, 2004


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SAN DIEGO -- The California Coastal Commission voted Friday to reaffirm a permit that fences off parts of the Oceano Dunes state park to protect endangered and threatened birds from off-road enthusiasts and campers.

The commission also decided to draft a letter to urge state parks officials to do more to protect the threatened western snowy plover and the endangered California least tern, including implementing a scientific panel’s recommendation that snowy plover nesting areas be protected year-round.

"You can’t recover a species by only protecting it during the nesting season," Commissioner Sara Wan said.

The beachfront park, south of Pismo Beach in San Luis Obispo County, was bought by the state in the early 1970s and designated a state vehicular recreation area. Since 1982, the Coastal Commission has annually reviewed the permit that erected fencing to protect the threatened plover.

State Parks Director Ruth Coleman told the commissioners during their meeting in San Diego that her department seeks to balance species protection with use of the park for vehicles, as she is required by law to do. Oceano Dunes is the only state park where vehicles may be driven on the beach.

Currently, about 1,200 acres are open to off-road vehicles and 455 acres -- mainly along the south end of the park and in patches along its center -- are blocked off as protected habitat, she said.

Between 2002 and 2003, the number of snowy plover nests at the Oceano Dunes jumped from 35 to 95. The number of nests that produced at least one chick grew from 25 to 63. And at least 107 of the 162 of the chicks born in 2003 survived to fledgling age.

The success rate is among the highest for any location in the State Park system, she said.

However, the Coastal Commission’s staff report indicated there are serious problems with a Technical Review Team set up three years ago to monitor Oceano Dunes and advise park officials on how best to manage it.

The team is paralyzed by deep divisions between members who represent the environmental community and off-road interests. The staff report blamed some members’ "unwillingness" to reduce recreational opportunities for the team’s inaction on recommendations from a scientific subcommittee on how best to protect the birds.

The scientific panel wants to expand the protected areas and to keep fencing in place beyond the nesting season.

Commission Chairman Mike Reilly suggested that in the future, it would be more effective to disband the review team and have park officials work directly with the scientific panel.

Jim Suty, president of the Friends of Oceano Dunes and a member of the review team, said the need for recreational areas was being forgotten, along with the impact beach tourism has on scores of businesses. Park use has grown from 700,000 visitors in 1982 to nearly 1.5 million visitors now, while the area available for vehicle use is diminishing.

David Hubbard, a lawyer for the Friends of Oceano Dunes, a group that opposes further restrictions, called for the commission to end its permit and allow the state parks department to lead management of the park.

"Oceano Dunes is not a bird sanctuary despite what some people may want it to be," Hubbard said.

But Mark Massara, director of the California Coastal Program for the Sierra Club, said business development should not come at the expense of the rare birds, three of which were killed by vehicles over the past year.

http://www.thedesertsun.com/news/stories2004/state/20040221043815.shtml#

Crowdog
02-23-2004, 08:12 AM
Friends of Oceano Dunes - Update 2/22/04

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1. CCC REPORT
2. ASSOCIATED PRESS ARTICLE
3. LETTER FROM JIM SUTY
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1. CCC REPORT

VICTORY AT THE CALIFORNIA COASTAL COMMISSION MEETING ON ODSVRA 20 FEBRUARY, 2004


Friends of Oceano Dunes once again made visible our growing State Legislative support by presenting a recent letter signed by 55 non-partisan legislators. Their letter essentially said, "Enough is enough Coastal Commission!" (Many more are willing to sign.) For the second time, Pete Conaty & Assoc., our advocacy firm in Sacramento, was the spark plug in this major accomplishment. It was also well known that we are financially and technically assisting the Pacific Legal Foundation to de-list the Plover….that action because of the unwillingness of our adversaries to work with us. Our attorney, Dave Hubbard forcefully reminded the Commissioners of the separation of responsibility between the CCC and State Parks and that the CCC had been overstepping their authority. Likewise, Jim and Joel Suty gave two graphic presentations of the impacts to limit camping. Insight into the many programs the FoOD have in place supporting the Park, Safety, noise abatement, visitor education, etc. was likewise emphasized. Those presentations were very effective according to some unbiased folks in the audience who were not associated with our challenges.

The highlight was a superb presentation by Ruth Coleman, Director of California State Parks. Ms. Coleman gave an excellent speech reminding the commissioners that she has a legislative mandate to operate the park as an ODSVRA and thus required to find a balance between recreation and habitat versus the puritan view of the Scientific Subcommittee. Using extensive successful 2003 Plover statistics for State Parks along the entire coast, she showed the excellent results throughout as well as in the ODSVRA. She made clear that the Plover and Tern objective was to increase the populations throughout the park system and not on-the-back of the ODSVRA. She likewise responded directly to all of the "unsubstantiated, seemingly orchestrated, biased" criticisms of the park and TRT process as expressed by the CCC staff, Scientific Subcommittee, Point Reyes Observatory and our adversaries. Her well articulated response was verbal and detailed extensively in writing.

After the presentations were made, the commissioners agreed to continue the permit and, unfortunately, the TRT for another year. BUT……the contentious letter the CCC Staff wanted sent to State Parks "recommending/demanding" that the exclosure fencing be expanded and stay up year round, became a focus of discussion. CCC Chairman Mike Reilly finally intervened and volunteered to work with CCC Staff to tone down its caustic wording and commend State Parks for their accomplishments….. but still send "something". The content will still no doubt contain words recommending year round beach closure to Pole 6. Director Ruth Coleman does have the authority and requirement to not choose to follow that recommendation if it is counter to her legislated obligation to balance recreation and endangered species habitat.

Fencing will still go up in March to Pole 6 (same as the end of last years plover season). That unpleasant fence growth was part of a settlement agreement imposed by a magistrate over both Parks and the Sierra Club. We believe the width of the fencing will be narrower than the others and thus allow camping behind it.

Our sincere thanks to the 65 supporters who took the time to write letters to the CCC. Each letter was an important contribution, demonstrating the importance of the park to all Californians. Also, our thanks to those who have donated money to make our fight possible, and especially those who work so hard to implement fund raising projects. . Through the efforts of so many of you, we again averted a potential disaster.

The fight isn't over; our adversaries will harass the ODSVRA all year and continually look for ways to justify their goal to close the beach to vehicles, camping, equestrians, fishermen and personal watercraft access. With your financial and volunteer support we will continue to make clear that the Coastal Act was for Access for All, not just the elitist chosen few who would make their own rules, choosing to ignore the 1.5 million annual visitors.



2. ASSOCIATED PRESS ARTICLE

http://www.thedesertsun.com/news/stories2004/state/20040221043815.shtml



3. LETTER FROM JIM SUTY


Friends,

On behalf of Friends of Oceano Dunes, I wanted to send a quick note to say THANK YOU to the 60+ people who took the time to write letters to the CCC and to provide some back ground information that led up to the CCC meeting.

I am VERY grateful to all who wrote, faxed and called in support. Here is a list of people who sent in letters (CCC provides copies of letters received).

Legislative Letter (55 Bi-Partisan Legislators)
Dana Adams - Sherman Oaks, CA
Jason Andrews - Southern San Joaquin Valley, CA
Francis C. Arnoult - Goleta , CA
Senator Roy Ashburn - Eighteenth Senate District, CA
David Barrett - Fresno, CA
Kenyon Baker - Stockton, CA
David Beaumont - Camarillo, CA
Bormann Steel - San Carlos, CA
Trish and Gary Borrmann - San Carlos, CA
James Brantley - Pismo Beach, CA
Rachel Boling - Moss Beach, CA
Todd Bull - ?
Jason DeMello - ?
Dillon Carson - Modesto, CA
Jason Clark - ?
Narvell Conner - Fresno, Ca
Andy Cox - Arroyo Grande, CA
Jon Crowley - Shingle Springs, CA
Geoff Davis - ?
Charla Downey - ?
Brian Drace - San Jose, CA
Don Dumas - Vista, CA
Vera Fischer - ?
Todd Fitzsimmons - ?
Timothy Foley - Arroyo Grande, CA
Benjamin Gallego - ?
Brook Garrettson - San Jose, CA
Joe Gates - ?
Alan & Jeanne Grant - Thousand Oaks, CA
Bob Hamber - Santa Barbara, CA
Daren Handy -Bakersfield, CA
Chris Heron - Mission Viejo, CA
Aimie Kirchner - Martinez, CA
Glen Mears - ?
Bruce Meyers - ?
Bill Morgan - Shell Beach, CA
James Brantley - Pismo Beach, CA
Kim and Mark Nero - San Jose, CA
Duane Nevitt - Orcutt, CA
Bill Newbold - Elk Grove, CA
Todd Peek - Auburn, CA
Ryan Reynolds - ?
Tim Rott - ?


Prior to the CCC meeting, we were reviewing a lot of documents, formulating responses and preparing presentations for the CCC. I thought it would be good to provide you access to all the documents so you can review the information and have an understanding of the magnitude of our fight to keep the ODSVRA open.

For those new to the effort, the Technical Review Team (TRT) has members from Local Business, Local Government, County Office, Local Residents, Environmental Community (Sierra Club), Dept of Fish & Game, U.S. Fish & Wildlife, Dept of Parks & Recreation and myself (representing the 1.4 million visitors). In short, we are out numbered.

There is another group called the Scientific Sub-Committee (SSC). The SSC is comprised of Fish & Game, U.S. Fish & Wildlife, CCC, PRBO, DPR Ecologist and others in the scientific community. Their charter is to focus solely on science, a purist review ignoring economic or recreational impacts.

Point Reyes Bird Observatory (PRBO) monitors the activities that occur at the ODSVRA for species protection and issues a report at the end of the year, The PRBO report is then reviewed by the TRT and the SSC. The SSC makes recommendations based on the PRBO report to the CCC and TRT.

Unfortunately, the CCC only focuses on the SSC recommendations which exclude economic and recreational impacts. The TRT has not advocated for the park to be operated as an SVRA which has caused some heated discussion.

So the following documents are the accumulation of the 2003 season and FoOD's response.

(CLICK ON FILENAME TO DOWNLOAD OR VIEW)

3nd-Annual Rept-Final.pdf (End of the year report, breaks down attachments)
Attach-1-mta.pdf
Attach-2.pdf
Attach-3.pdf
Attach4b.pdf
Attach5-ibf.pdf
Attach6-PRBO-03.pdf (PRBO Report)
Attach7- Appx A-C.doc
Attach8- Appx D-E.doc
Attach9- Appx F.doc
Attach10-Appx G.pdf
Attach 11-LETE necropsy.pdf
Attach 12-LETE necropsy.pdf
Attach 13-Suty.pdf (FoOD Response to PRBO report)
Attach 14-Burton.doc (Dr. Burton's response to PRBO report)
Attach 15-SS-Recs.pdf (Scientific Subcommittee recommendations)

F9-2-2004_UL.pdf (CCC Staff Recommendation)

CCC_FEB2004_FoOD_Response.pdf (FoOD Response to CCC Staff report)
2004_LegLetter_final_55.pdf (FoOD Leg Letter signed by 55 Legislators)
Map_charts_v4.pdf (FoOD Charts Presented by Joel Suty)
Jim_presentation.pdf (FoOD Charts Presented by Jim Suty)


In short…we are still fighting VERY hard. In 3 years we have been involved in 3 lawsuits, numerous lobbying activities, countless meetings and fundraisers for a result which is sometimes hard to see, understand and agree with. However, progress is being made.

Our fight is far from over. We have much more to do in order to protect our access to the ODSVRA.

Therefore, do not think this outcome or any lawsuit is the end, because we need to continue to raise funds to do much more.

Thank you for all your prayers, finances and hard work, it is very much appreciated.

Sincerely,

Jim Suty

President - Friends of Oceano Dunes