Beach Closure
by Ron Fink

Ron notes, "We plan a protest in front of Lois Capps' office on the 30th of March at high noon. We need lots of people so that the "media" will pay attention to us."

For over 100-years the people of the Lompoc Valley have had free access to the beach near Surf, CA - a railroad depot and Ocean Beach County Park.

In 1941 the US Army took possession of several thousand acres of the land on the North side of the Santa Ynez River for Camp Cooke and the US Navy acquired several thousand acres south of the river for Point Arguello Naval Air Station. The Army also "occupied" the beach area west of the Southern Pacific railroad right-of-way at Surf Depot for security purposes.

Following WW II the Army reduced the security measures and again allowed the public free access to the beach. This freedom of access continued until the spring and summer of 2000 when the US Fish and Wildlife Service ordered most of the beach closed to the public to protect the Western Snowy Plover (WSP), which they claim is endangered.

The WSP habitat was declared endangered in by the USFWS in 1992 after a petition was received from Dr. J.P. Myers of the National Audubon Society. The USFWS published a final rule to list the coastal population of the WSP as a threatened species on March 5, 1993 (58 FR 12864).

Very little scientific information was used to support this listing and a careful reading of Agency responses to public comments reveals that they basically discounted any attempt to extract biological data to support the National Audubon Society claims of endangerment. Put simply, they accepted as fact the broad concept that loss of beach sand resulted in loss of WSP population.

Although the endangered status applies to the entire Pacific Coastline the USFWS has chosen to direct the most punitive efforts toward the Point Reyes National Seashore and Vandenberg AFB. People have been excluded from the beaches and dunes in these areas based on the pretext that humans pose a substantial risk to the WSP.

Much has happened since 1992. At the request of the USFWS the US Air Force commissioned biological monitoring reports for each mating season since 1992. These reports have established that the WSP population seems to ebb and flow consistent with the seasonal weather patterns. For example, 115 nests were counted in 1989; 242 in 1991; 97 in 1993; 238 in 1997; 78 in 1999; and 106 in 2000.

It is important to note that no effective enforcement effort for these restrictions was in place prior to the 2000 nesting season. While linear closures, which are based on the "honor system", were in place the public was free to use the beach, animals were free to roam and the WSP continued on with its mating rituals.

The USFWS claims that the restrictions in place in the year 2000 (all but a half-mile of the beach was closed to the public) accounted for an increase in nests over the 1999 season! How they drew this conclusion is a mystery since the biological data establishes a different result. Two of the highest census counts occurred in 1991 and 1997 - after the endangered status was claimed and long before any restrictions were enforced concerning use of the beach.

Today (March 2001) the USFWS has declared that the entire beach must be placed "off limits" to the public by the US Air Force. They have required the military to post armed military police during daylight hours at the two public access points (one is a county park, the other a public parking lot) and ordered them to prohibit entry and issue citations to anyone who violates the closure order.

The key issue to be resolved is the validity of the science used to determine the endangered status of the WSP. A local citizens group - the Ocean Beach Commission - has studied the data developed by the Air Force and researched the biology of the WSP. Our conclusion is that the listing is unfounded and the WSP should be de-listed.

The Endangered Species Act is clear on how determinations are made: "16 USC Sec. 1533(b) Basis for determinations;(1)(A) The Secretary shall make determinations required by subsection (a)(1) of this section solely on the basis of the best scientific and commercial data available to him after conducting a review of the status of the species and after taking into account those efforts, if any, being made by any State or foreign nation, or any political subdivision of a State or foreign nation, to protect such species, whether by predator control, protection of habitat and food supply, or other conservation practices, within any area under its jurisdiction; or on the high seas."

During the Ocean Beach Commissions review of the "best scientific and commercial data available" in the year 2001, we have concluded that the range of the WSP is actually the entire western United States; a baseline count was never established to measure the decline or recovery of the WSP; the USFWS has never produced the required recovery plan; collected data seems to indicate that humans have little to no impact on the WSP; the WSP is migratory and chooses manmade as well as natural breeding sites; and there never was any scientific data ever produced by the National Audubon Society or anyone else to support the initial listing and subsequent actions.

65,000 people live in the area surrounding this beach. Urban encroachment on this area, and the 32-miles of Vandenberg AFB coastline, is not an issue since the military owns all of the beachfront property.

The Ocean Beach Commission has few resources but we feel strongly that this action is unlawful and does not meet the test required by the Endangered Species Act to continue the listing. We need your help to resolve this issue to the benefit of the citizens who use Surf Beach and Ocean Park as a recreational destination.

If you feel strongly concerning this issue you are urged to write or call President George W. Bush, Vice President Richard Cheney, the Secretary of the Department of the Interior, Ms. Gale Norton, the Secretary of the Department of Defense, Donald Rumsfeld, and the Air Force Chief of Staff, General Michael F. Ryan. Their contact information, plus relevant points to includ in your letter, are listed here.