Federal Judge Orders Temporary Protections at Oregon Dunes Ahead of Winchester Bay UTV Event

A federal judge has ordered temporary closures, a nighttime curfew and additional monitoring at portions of the Oregon Dunes National Recreation Area as thousands of off-highway vehicle riders are expected in the Winchester Bay area this week.

U.S. District Judge Ann Aiken granted a request for a preliminary injunction Monday, August 10, in a lawsuit filed by the Center for Biological Diversity against the U.S. Forest Service. Douglas County, Coos County and Save the Riders Dunes, Inc. are intervenor defendants in the case.

The order comes ahead of the six-day Winchester Bay UTV Takeover, which is being held on Douglas County property adjacent to the Oregon Dunes National Recreation Area.

Under the order, Banshee Hill and an area along the southwestern edge of the Umpqua Dunes must be closed. The Forest Service is required to rope off both areas and install brightly colored signs measuring at least 20 by 24 inches. The agency must also monitor the closures and replace damaged or missing signs and barriers.

The closures will remain in effect while the court considers longer-term interim protections.

Aiken also ordered the Forest Service to establish a curfew from 10:30 p.m. to 6 a.m. in the North Riding Area. That restriction will also remain in place until the court determines what longer-term measures should be adopted.

Trail cameras must be installed at both closed areas and remain in place through Monday, August 17, after the UTV event ends. The Forest Service must monitor and repair or replace the cameras as needed and provide a copy of the footage to the Center for Biological Diversity after the event.

The Forest Service must inspect the closed areas, signs, ropes and cameras at least once each day and immediately repair or replace anything that is damaged or removed.

Coastal marten at center of lawsuit

The lawsuit centers on protections for the coastal marten, a threatened species under the Endangered Species Act.

In the order, Aiken said the Forest Service violated the Endangered Species Act by failing to reinitiate consultation on its Routes Project after the coastal marten was federally listed in 2020.

The Routes Project, adopted in 2015, governs OHV access and management in portions of the Oregon Dunes. Because the project predates the marten's federal listing, it contains protections for other listed species, including the threatened western snowy plover, but not for the coastal marten.

The court said the Forest Service was required to review the project after the coastal marten was listed, but waited more than five years to prepare a biological assessment and has not yet completed the required consultation process.

According to the court record, nearly the entire Umpqua Dunes Middle Riding Area is designated as critical habitat for the coastal marten.

The order cites a 2018 estimate placing the coastal marten population south of the Umpqua River at about 30 adults. The court described the population as small, isolated and vulnerable to being lost from the area.

Aiken also cited concerns about large group OHV rides and nighttime riding, saying those activities can cause damage to vegetated habitat and disrupt marten behavior. The court said the loss of even one or two animals could have serious consequences for such a small population.

UTV event will continue

The judge did not order the Winchester Bay UTV Takeover canceled.

The event organizer has maintained that official event activities will take place on Douglas County property rather than Forest Service land.

Aiken said the temporary protections are narrowly tailored and still leave numerous riding opportunities available throughout the dunes. The order states that the event "will continue as planned."

The court said the temporary protections will remain in place while the parties submit additional arguments and the judge considers more durable measures for protecting coastal marten habitat.

The case is Center for Biological Diversity v. U.S. Forest Service, U.S. District Court for the District of Oregon, Case No. 6:24-cv-00930-AA.