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¶The U.S. Fish and Wildlife Service is reviewing an Incidental Take Permit (ITP) application from the California Department of Parks and Recreation for a Habitat Conservation Plan (HCP) covering the Oceano Dunes State Vehicular Recreation Area in San Luis Obispo County. The HCP would authorize continued OHV recreation while establishing avoidance and minimization measures for four covered species: California least tern, western snowy plover, tidewater goby, and California red-legged frog. Comments come from individual residents, conservation organizations (Center for Biological Diversity, Sierra Club, Audubon California, Point Blue Conservation Science), OHV industry groups (BlueRibbon Coalition, Cal4Wheel, American Sand Association, Motorcycle Industry Council), and the California Coastal Commission and SLO Air Pollution Control District. The dominant position is opposition to the proposed ITP under Alternative 2, with critics arguing the HCP reduces nesting exclosures, fails to address multiple unlisted species, and is internally contradicted by a recent court finding that current vehicle use constitutes unlawful take of western snowy plovers. A minority of commenters, largely affiliated with OHV recreation interests, support issuance of the ITP as a workable balance between species protection and public access.
Receipt of Incidental Take Permit Application and Draft Habitat Conservation Plan and Draft Environmental Assessment for the California Department of Parks and Recreation, Oceano Dunes District, San Luis Obispo County, California
The U.S. Fish and Wildlife Service published a notice of availability for a draft Habitat Conservation Plan and draft Environmental Assessment prepared in connection with an incidental take permit application from the California Department of Parks and Recreation. The ITP would authorize take of four federally listed animal species incidental to public use, recreation, natural resources, and beach management activities on 5,005 acres of Pismo State Beach and Oceano Dunes State Vehicular Recreation Area in San Luis Obispo County, California. The draft EA analyzes four alternatives. The covered area includes designated critical habitat for three listed species. Public comments are due January 23, 2026.
Commenters argue the draft HCP fails to provide sufficient protection for covered species, particularly by reducing existing nesting exclosures and requesting expanded take authorization for western snowy plovers and California least terns.
"The Habitat Conservation Plan should actually conserve habitat rather than proposing the destruction of vegetation by off-road vehicles."
Representative quote, cluster 01
Multiple commenters argue that a recent judicial finding that OHV use constitutes unlawful take of western snowy plovers obligates the HCP to include a no-vehicles alternative or at minimum a major vehicle reduction alternative.
"The court recently found that State Parks is violating the Endangered Species Act by allowing vehicle use that results in "take" of Western Snowy Plovers. Therefore, the draft HCP should include a "no vehicles alternative" that would comply with this decision."
Representative quote, cluster 02
Residents and commenters cite PM2.5 and PM10 exceedances associated with OHV activity, specifically the proposed opening of the East Boneyard and 6 Exclosure areas, as a public health harm independent of species concerns.
"Impact AIR-1: The proposed reduction of the East Boneyard Exclosure and 6 Exclosure (CA50) could potentially change dune surface emissivity, increase dust generation, expose persons to substantial pollutant concentrations that lead to exceedances of PM2.5 and/or PM10 ambient air quality standards."
Representative quote, cluster 03
OHV advocates and recreation professionals support Alternative 2, arguing the HCP provides a workable avoidance-and-minimization framework that protects species while preserving public access and OHV recreation.
"The Habitat Conservation Plan is a cooperative, performance-based conservation approach that offers balance between species protection without prohibiting public access, recreation, and active land management."
Representative quote, cluster 04
One detailed comment identifies steelhead trout, razor clams, and Pismo clams as species affected by OHV use that are absent from the HCP analysis, arguing this is a significant gap in the biological review.
"This document totally ignores steelhead trout which live and spawn in Arroyo Grande creek. There is no discussion of the massive disappearance of razor clams from the intertidal zone."
Representative quote, cluster 05
Commenters argue that the SVRA has turned Oceano's beach into a sacrifice zone, displacing pedestrian and aquatic recreation, suppressing local economic activity, and imposing disproportionate air quality burdens on a low-income community.
"Oceano has become a "sacrifice zone" for State Parks and the ODSVRA. Indeed, as the CCC staff has stated, "Oceano is the poster child for environmental justice on the California coast.""
Representative quote, cluster 06
Several individual commenters express doubt that the current federal administration will enforce HCP conditions, citing political influence of OHV groups and general erosion of ESA implementation.
"The current Trump administration is so corrupt that FWS cannot be trusted to properly monitor and enforce the HCP/ITP. MAGA Republicans are in charge and they don't care about upholding the ESA."
Representative quote, cluster 07
A licensed bird monitor and nearby residents argue that Alternative 3 is the only option that maintains adequate protections, opposing any reduction of existing protected areas given increasing recreational pressures.
"Alternative #3 is the only prudent option to maintain adequate protections for the listed species. With pressures on more and more natural places and native species, there is no need to reduce protective areas."
Representative quote, cluster 08
The California Coastal Commission and the SLO County Air Pollution Control District submitted formal agency comments raising jurisdictional concerns and specific regulatory issues with the EA and HCP.
"Please find Coastal Commission comments on the proposed Oceano Dunes HCP."
Representative quote, cluster 09
Key tensions
ESA species protection
↕ vs.
continued OHV public access
reduced exclosures for species recovery targets
↕ vs.
precautionary retention of all existing protected areas
state park recreation mandate
↕ vs.
Coastal Commission ESHA designations
community air quality and environmental justice
↕ vs.
OHV industry economic interests
federal ITP flexibility
↕ vs.
recent court finding of unlawful take
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