Crowdog
08-01-2001, 09:33 AM
Wednesday, August 01, 2001
Birdīs death in dunes may mean lawsuit
By Jasmine Marshall / Times Staff Writer
OCEANO -- The death of an endangered bird at the Oceano dunes and the failure to disclose it has strained relations between state parks officials and environmentalists and could speed up a possible lawsuit.
A necropsy performed on a California least tern found dead south of Mile Post 7 at the Oceano Dunes State Vehicular Recreation Area on May 21 revealed the bird died as a result of "blunt force trauma," according to Andrew Zilke, head ranger.
Although officials do not know exactly what trauma the bird suffered, its injuries are not inconsistent with those caused by motor vehicles, Zilke said.
The park, a popular spot for off-road recreation, has been at the center of a debate over whether vehicles have negative effects on endangered species like the tern and Western snowy plover. In April, the San Luis Obispo office of the Environmental Defenses Center threatened a lawsuit against state parks for failing to uphold the Endangered Species Act.
"This definitely makes a lawsuit more likely," said Babak Naficy, an environmental attorney with the EDC. "It shows whatever mitigation measures they had in place were not sufficient."
Zilke said "protocol was followed" after the tern was discovered dead. Under state law, no terns may be killed or harmed. If they are, state parks must enter into consultation with the U.S. Fish and Wildlife Service and California Department of Fish and Game officials.
On Monday, the two agencies met with staff from the Oceano SVRA after the results of the necropsy were in to discuss how to avoid future death or injury to terns.
"We are looking at ways to keep terns from being taken," said Robert Stafford, an associate biologist for the California Department of Fish and Game. "We are meeting with state parks and tern biologists to find ways to minimize impacts to the birds."
Both Stafford and Steve Henry, a senior biologist with the Ventura office of the U.S. Fish and Wildlife Service, said fines against state parks for the ternīs death are unlikely. Stafford said previous expansion of the parkīs enclosure areas to protect birds "seems sufficient."
Henry said there is potential for changes to be recommended in the parkīs operations. Although state parks can apply for an "incidental take permit" from U.S. Fish and Wildlife to allow for the accidental killing or injury of protected species such as the tern, it does not currently have one, according to Henry.
While state parks is working to resolve the issue, environmentalists complain that information on the ternīs death was kept from them.
Naficy said the EDC was not informed of the ternīs death until last week, and only received the necropsy report Tuesday.
The EDC has been negotiating with state parks officials in an attempt to avoid a lawsuit.
"We meet with (state parks) in May, in June and July and asked them if there had been any incidents with the (tern and plover) and they said no. This is not private, confidential information. They should have been more forthcoming both to us and the public about this," Naficy said.
The EDC will be consulting with its client, the Santa Lucia Chapter of the Sierra Club to decide if the death warrants filing of the lawsuit, Naficy said.
*Staff writer Jasmine Marshall can be reached at 739-2219, or by email at jmarshall@pulitzer.net
Birdīs death in dunes may mean lawsuit
By Jasmine Marshall / Times Staff Writer
OCEANO -- The death of an endangered bird at the Oceano dunes and the failure to disclose it has strained relations between state parks officials and environmentalists and could speed up a possible lawsuit.
A necropsy performed on a California least tern found dead south of Mile Post 7 at the Oceano Dunes State Vehicular Recreation Area on May 21 revealed the bird died as a result of "blunt force trauma," according to Andrew Zilke, head ranger.
Although officials do not know exactly what trauma the bird suffered, its injuries are not inconsistent with those caused by motor vehicles, Zilke said.
The park, a popular spot for off-road recreation, has been at the center of a debate over whether vehicles have negative effects on endangered species like the tern and Western snowy plover. In April, the San Luis Obispo office of the Environmental Defenses Center threatened a lawsuit against state parks for failing to uphold the Endangered Species Act.
"This definitely makes a lawsuit more likely," said Babak Naficy, an environmental attorney with the EDC. "It shows whatever mitigation measures they had in place were not sufficient."
Zilke said "protocol was followed" after the tern was discovered dead. Under state law, no terns may be killed or harmed. If they are, state parks must enter into consultation with the U.S. Fish and Wildlife Service and California Department of Fish and Game officials.
On Monday, the two agencies met with staff from the Oceano SVRA after the results of the necropsy were in to discuss how to avoid future death or injury to terns.
"We are looking at ways to keep terns from being taken," said Robert Stafford, an associate biologist for the California Department of Fish and Game. "We are meeting with state parks and tern biologists to find ways to minimize impacts to the birds."
Both Stafford and Steve Henry, a senior biologist with the Ventura office of the U.S. Fish and Wildlife Service, said fines against state parks for the ternīs death are unlikely. Stafford said previous expansion of the parkīs enclosure areas to protect birds "seems sufficient."
Henry said there is potential for changes to be recommended in the parkīs operations. Although state parks can apply for an "incidental take permit" from U.S. Fish and Wildlife to allow for the accidental killing or injury of protected species such as the tern, it does not currently have one, according to Henry.
While state parks is working to resolve the issue, environmentalists complain that information on the ternīs death was kept from them.
Naficy said the EDC was not informed of the ternīs death until last week, and only received the necropsy report Tuesday.
The EDC has been negotiating with state parks officials in an attempt to avoid a lawsuit.
"We meet with (state parks) in May, in June and July and asked them if there had been any incidents with the (tern and plover) and they said no. This is not private, confidential information. They should have been more forthcoming both to us and the public about this," Naficy said.
The EDC will be consulting with its client, the Santa Lucia Chapter of the Sierra Club to decide if the death warrants filing of the lawsuit, Naficy said.
*Staff writer Jasmine Marshall can be reached at 739-2219, or by email at jmarshall@pulitzer.net