http://www.lompocrecord.com/articles/2006/...news/news03.txt

Plover to retain threatened status

By Mark Baylis/Staff Writer
The Western snowy plover will retain its threatened status under the Endangered Species Act, despite recent growth in adult population, the U.S. Fish and Wildlife Service announced Friday.

U.S. Fish and Wildlife made the decision in response to lawsuits filed by a Lompoc group in 2002 and a Morro Bay group in 2003, both of which sought to delist the bird from government protection. The lawsuits sparked a 12-month review of the Western snowy plover populations by the U.S. Fish and Wildlife Service, culminating in Friday's decision.

The agency's finding concluded that there has been significant progress in boosting the bird's population in recent years, but that additional recovery actions are needed to assure the species' long-term survival.

Federal officials want the bird to maintain a target population of 3,000 adults for 10 years before considering delisting it from its protected status, said spokesman Al Donner. Plover populations currently stand at about 2,300 birds on the West Coast, with the majority located south of Monterey, according to Friday's report.

That's a considerable rise within the last several years, officials said. There were fewer than 1,000 birds in California in 2000, where the majority of Western snowy plovers are located, according to Donner.

Protections for the shorebird have irritated Lompoc residents for several years since it required the closure of the majority of Surf and Ocean beaches from March through September. Bumper stickers shouting “Free Surf Beach” and the carnivorous “Got Plover?” have become common sights around Lompoc since.

Opponents contend the Western snowy plover doesn't qualify as either a distinct population or as a threatened species. They argue the protected snowy plover found locally is no different from inland varieties, which are not protected.

The U.S. Fish and Wildlife Service has designated 32 units of critical habitat in Washington, Oregon and California totaling 12,145 acres. California has 24 sites, totaling 7,472 acres.

Friday's announcement held out hope for opponents of the Western snowy plover's protected status. The U.S. Fish and Wildlife Service is considering enacting a special rule under the Endangered Species Act that would allow some incidental loss of plover life within counties that have met their breeding management goals. If enacted, it could mean a loosening of recreational restrictions in areas that are designated as breeding grounds.

The measure would be a way to encourage further community participation with the protections, Donner said. It would not, however, apply to federal grounds such as Vandenberg Air Force Base, which owns Surf and Ocean beaches.

Representatives of Lompoc's Surf-Ocean Beach Commission, which provoked Friday's announcement through a lawsuit in 2002, said they were still reviewing the decision to see what their next action might be and what the effect of the special rule could be.

“We're very disappointed in the outcome of our lawsuit,” commission member Alice Milligan said. “We're going through the rest of the response right now to see if hopefully there will be fewer restrictions.”

U.S. Fish and Wildlife Service is seeking public comment on the proposed special rule for 60 days. It intends to either adopt or reject the proposal by the fall, officials said.

Comments can be sent to the Field Supervisor, Arcata Fish and Wildlife Office, U.S. Fish and Wildlife Service, 1655 Heindon Road, Arcata, CA 95521 or by fax at (707) 822-8411.

A detailed synopsis of the ruling is available online at www.fws.gov/sacramento.

Mark Baylis can be reached at 739-2218 or mbaylis@lompoc record.com.

April 23, 2006