OUT OF BOUNDS As of May 27, State Parks had discovered 18 total snowy plover nests in the open riding area and foredune closures of the Oceano Dunes, 15 of which were active. That's compared to the 20 active nests that were found inside designated breeding areas. Credit: Photo Courtesy Of Jeff Miller

California State Parks says that it has stopped discouraging snowy plovers from nesting in open vehicle riding areas of the Oceano Dunes, a decision that came after local conservationists raised concerns about the issue with the California Coastal Commission in early June.

OUT OF BOUNDS As of May 27, State Parks had discovered 18 total snowy plover nests in the open riding area and foredune closures of the Oceano Dunes, 15 of which were active. That’s compared to the 20 active nests that were found inside designated breeding areas. Credit: Photo Courtesy Of Jeff Miller

During virtual Coastal Commission meetings on June 10, 11, and 12, Executive Director John Ainsworth said the commission is investigating recent complaints regarding State Parks and its attempts to keep snowy plovers out of open riding areas in the Oceano Dunes while the park is closed to vehicles. Some commissioners believe the process—which State Parks confirmed includes scuffing out early signs of plover nests and putting up streamers to scare the birds off—violates the Coastal Commission Act and the state and federal endangered species acts.

“Let me just be clear right up front that we did ask State Parks to cease those activities verbally,” Ainsworth said at a Coastal Commission meeting on June 11. “I consider this to be a really serious situation and violation, and I assure you we’re going to continue to pursue this expeditiously.”

The Oceano Dunes State Vehicular Recreation Area (SVRA) has been closed to vehicles since March 26, as an effort to reduce crowds at the park and travel into the area amid the coronavirus pandemic. Without vehicles in the area, plovers have been building nests outside their “seasonal exclosures”—designated breeding areas that are off limits to vehicles and visitors.

Although it’s still unclear when State Parks plans to reopen the Oceano Dunes to vehicles, Jeff Miller, a Los Osos resident and senior conservation advocate at the Center for Biological Diversity, said the reintroduction of vehicles could put nesting plovers at risk.

Although State Parks said it can’t keep vehicles out of the Oceano Dunes and fulfill its obligation to provide the public with “appropriate public access,” Miller and other local conservationists hope the park will remain closed to vehicles for at least the remainder of this plover breeding season, which goes through September.

“State Parks is acting as if dune buggies are the endangered species,” Miller said.

In a June 16 letter to State Parks, the Coastal Commission’s chief of enforcement, Lisa Haage, said State Parks agreed to stop scuffing out nests and using Mylar flags to discourage nesting. Haage called the activity unpermitted coastal development.

“In order to coordinate our efforts to jointly protect plovers and terns during the nesting and foraging season, prior to reopening the park for [vehicle] and camping use,” Haage wrote, “we agreed that our biologists and staff would meet to discuss outstanding issues and questions.” Δ

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Kasey Bubnash is a staff writer for New TImes' sister paper, the Sun in Santa Maria.

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13 Comments

  1. While I do not want to see these state employees cut or their pay reduced, their insistence on keeping the Oceano Dunes open for vehicles is more than counter intuitive. The petrochemicals now deposited on the beaches and Dunes are enough to destroy the respiratory system of those on the Mesa and others in Oceano. The incidence of respiratory difficulties resulting from detritus being put into the air from these vehicles is nothing less than abhorrent. Regardless of who you are, you should know you are slowly killing humans as well as Snowy Plovers. Take a moment and carefully analyze the medical facts and do not be led by the lies of Kevin P. Rice and FOOD, who are intent on their personal entertainment and not on the welfare of the community. Dr. Murphy

  2. This is just a back door attempt to keep cars off the beach permanently. We need to stand up for our right and reopen the beach. By force if that’s what it takes. I also want a refund for my yearly pass as I have not been able to use it.

  3. The sand blowing wasn’t working, so now we are back to the birds!! They have acres and acres to nest!! A bird that is not native to the area!!!! They won’t be happy until vehicles have NO beach access!!

  4. Those dunes are not he only place snowy plovers nest. I love California because of all the amazing nature and wildlife we have, but there needs to be balance. The dunes are an amazing tourist attraction and, most importantly, provide thousands of jobs and keep the Oceano and Pismo communities open. What will the five cities be without those dunes? Just another California town gone to shit because their income is taken away by conservationists? Ridiculous.

  5. It’s sad how many businesses are losing money because of the dunes being closed. A burger place just recently shut its doors because of this. Open the beach back it’s unfair. If they’re concerned for their health they shouldn’t have moved there to begin with.

  6. So 1400 acres of dunes reduced to 49 acres. For those doing math, that’s over 96% taken from OHV users. Not much balance there. Enough is enough!

    Environmentalists preach co-exist mantra… where is the fairness, the balance? There is none until you take it all from those you don’t agree with. Disgusting.

    OHV and nature have co-existed but it seems that’s not good enough now. Not only do they want jobs of state workers, they also hate small business, and tourism. Well, tourism that fits their narrow idea of their bias.

    Plover habitat will survive, Lord knows they have plenty of that 96% of the dunes and shoreline to thrive on.

    Not a Doctor but I play one on TV.

  7. What burger placed died? If it was Adams Burger they just needs to open. Business would booming.

  8. Looks like the CCC, APCD and SAG got caught with their pants down due to the pandemic closure. Even after all the dust mitigation efforts that have been going on in the dunes, the recent dust levels are still significantly high, even though there hasn’t been an off-road vehicle on the dunes for over 3 months. Seems that the culprit is just the wind, NOT the OHV community. The residents that are down wind of the dunes will suffer “respiratory distress” whether there are vehicles on the beach or not based solely on where they chose to build their homes. And could it actually be that the OHV community HELPS to keep the dust down? Tell me it isn’t so! Compare the data pre-closure to post-closure and you will see a noticeable reduction in high dust days when there is OHV activity on the dunes! As a result of the unanticipated pandemic closure, the true science has come out and debunked the tale that the CCC has been trying to spin. Now they are looking for the next thing to hang their hat on.

    Seems that the CCC has moved on to the Snowy Plover expanding their territory during this forced closure. So we should just leave them be, right? Who in their right mind would argue with harming an endangered species?… Well, funny how the previous closing of miles of beach to OHV use over the last 35 years for the exact same reasons didn’t seem to help the Snowy Plover one bit, but three months of pandemic closure over a couple of miles of the ONLY existing OHV beach in the State suddenly causes their resurgence? I think not. And preventing them from nesting in a hazardous OHV area seems to be a violation of the endangered species act?… This is an SVRA, NOT a bird sanctuary! State Parks were not destroying nests. They were just preventing the birds from establishing a nest in that spot. The birds will move on to a better suited location and make their nests there. That is their nature. No harm done to the population or their chances to breed.

    Out of the hundreds of miles of beach in this State, Oceano Dunes is the only place that the OHV community, as well as many others are allowed to drive legally on the beach. The efforts of the CCC are just a coordinated land grab, with the already stated intent to close the SVRA permanently. And they would love to do it before the Sate can allow the SVRA to reopen from the pandemic.

    Yes, there should be a balance here. There are miles of open beach for the birds, yet the CCC is intent on permanently closing the remaining few acres of the SVRA for whatever happens to be the reason of the day. Wind is out, Snowy Plover isn’t working. What else can they find to close the area down? “Petrochemicals?” Now there is something the CCC can run with for a while. Make it a super-fund cleanup site. That will get it completely closed for decades!!! Really? How is anything that the CCC is doing a balance?

  9. Disturbing these nests is against Federal law!!!! They’re lucky if they don’t face Federal charges. But since we have a White House full of criminals, nothing will be done as usual. 🤬🤬🤬🤬🤬

  10. As I read the numerous replies from those who support the opening of the Oceano Dunes to vehicle traffic, I am amazed at the failure to understand the ramifications of continued use of the area. Some of the arguments are most curios and not backed by anything but shear self interest:

    1. Having self contained units with most bringing their apparatus and food with them, the impact on local economy is not as suggested by indicating it will significantly affect businesses in Oceano or elsewhere in the five cities. Those who come here for other reasons than to use their vehicles on the Oceano Dunes contribute more to the local economy than the droves of out of town guests who come to use motels, restaurants, etc.

    2. Saying that the Snowy Plovers, which are non-sentient beings, have other places to place their eggs or that they will not be adversely affected is without merit.

    3. This is not a “back door attempt” to close the beaches to vehicles. It is an attempt to use scientific research and responsible endeavor to stop the rape of the area by a few for their personal pleasure.

    4. As to the “sand blowing,” it has nothing to do with sand. Sand, unlike the particulate created by the use of vehicles, does not blow unto the Mesa or into surrounding territory. Sand is heavy compared to the particulate created by the use of vehicles on the beach and does not have a density or weight likely to be spewed onto the Mesa or surrounds.

    5. The amount of the territory used is not an issue. The issue is whether, excepting County and State, will the use of private vehicles on the beach increase the amount of ground up sand and detritus leading to more matter being spewed into the surrounding areas.

    6. COVID-19 and not the use or non-use of vehicles has led to the current difficulties for businesses at and near the Oceano Dunes. That a limited number of businesses, such as RV rentals, will be affected is minute when compared to the medical and other costs associated with continued use of vehicles on the Oceano Dunes and surrounding areas. While it is extremely regrettable some types of businesses will close, which is most unfortunate, if you look at these businesses have long ago been extremely profitable and can be moved inland to areas experiencing an increase in RV and other traffic which has adversely affected the area, health, and longevity on the residents. Most of these businesses were run for financial enrichment and have been very profitable leading to the ability of their owners to relocate elsewhere. Only a very few businesses that have not reached their break even point will be adversely affected.

    7. As to the “CCC, APCD and SAG got caught with their pants down due to the pandemic closure,” I am not affiliated with any of these or any other organizations interested in the Dunes. I am a resident of Oceano who is concerned about the physical well being of the community. My residence is protected from such with electro-static air filters, windows tightly sealed using Milgard windows. Thus, I in the unique position to say, if I wanted to, “let them eat cake.”

    8. As to a “refund for my yearly pass,” the State of California can and likely will extend you every courtesy and refune the pittance you paid to further harm the Oceano Dunes and surrounds. Thus, saving huge amounts of monies to be spent on the care and welfare of not only local residents but those who travel on the beach in vehicles. Just the number of cases of injury and illness for those using the vehicles when they return to their place of residence will more than cover any loses.

    9. As to “They won’t be happy until vehicles have NO beach access,” There is no happiness related to the loss of pleasure some derive from spreading noxious fumes and creating medical difficulties for all concerned.

    10. The number of ER visits will be reduced keeping all our insurance rates lower and leaving ER’s for use of critical patients from the community.

    11. As to the specious argument this area will become “Just another California town gone to shit because their income is taken away by conservationists ,” what beach community in the State of California has been impacted. Seems impossible since none others have allowed visitors to place their vehicles on their pristine beaches.

    12. As to the specious argument saying the”OHV and nature have co-existed but it seems that’s not good enough now. Not only do they want jobs of state workers, they also hate small business, and tourism. Well, tourism that fits their narrow idea of their bias,” there is no justification or reality in such an argument. I know of no person or organization holding the viewpoints described.

    As research and experience show delusional thinking may have some hint of reality,, but a hint does not make it a reason to follow facts and medical outcomes which are palpable. Unfortunately, while hallucinations can be easily treated by mental health practitioners, delusions cannot. Having worked along side my medical colleagues since 1958, as a licensed psychologist in the Commonwealth of Massachusetts #779 and the State of California #5626, I more than many have been made aware of the ramifications. Having studied epidemiology at a leading Medical School at the University of Washington in Seattle and being invited by the Medical School to come there to study and receive my Ph.D., I believe my scientific background and sound reasoning are more than ample to back my assertions.

    Thank you readers for your kind attention to my words. Being elderly does not reduce everyone’s ability to think, perceive and reason. Dr. Murphy

  11. Norm, I love science, it’s directly responsible for the huge improvements to human life made in the last few centuries. One of the best parts of science is how a good scientific argument supports itself.

    That said, please look back on your letter and reflect on the fact that you just made a bunch of (incorrect) claims relating to the health of the ecosystem at the dunes, and provided no support for any of them. And then claimed that your (62 year old) degree in psychology (!) makes you enough of an expect that we should just take your word for it.

    Am I missing the joke?

  12. Open the beach to off road recreation it’s a small portion of California that generates a lot to the local economy heaven knows this state had gone to hell it isn’t going to get better thanks to Covid give people some way to enjoy life

  13. Plain and simple, people who do not enjoy SVRA don’t want anyone else to. Hopefully the Air Board has been taking samples during these past months without vehicles for data to show the vehicles are not raising Particulate Matter or any other pollutants any more than background wind stirs things up without vehicles. Diverse recreation is also a right otherwise all beaches would be closed to all human activity.

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