Deer eradication plan on Catalina Island is challenged in LA Superior Court – Daily News

Environmental and hunting groups have filed a lawsuit demanding the California Department of Fish and Wildlife throw out a resource management plan that includes shooting and killing all the deer on Catalina Island, documents show.

The lawsuit, filed March 9 in Los Angeles County Superior Court, claims the plan for eradicating the deer, which have roamed the island for 100 years, was wrongfully approved by the state and needs an environmental review. Also, the lawsuit says employing aerial nets dropped from helicopters to trap deer and then shoot them to death could inadvertently take out federally-protected endangered species, such as golden eagles and bald eagles, disturbing their nests and their young.

The plaintiffs say the CDFW exemption to the rigors of California Environmental Quality Act for the Catalina Island Conservancy (CIC)’s Resource Management Plan (RMP) is illegal. They say the exemption violates state law because it was not authorized by the agency’s director, as the law specifically prescribes. Instead, it was signed by “the director’s designee,” Joshua Grover, deputy director of CDFW’s Ecosystem Conservation Division.

In addition, such exemptions are usually for wetlands restoration or projects that clearly will have no significant environmental impacts. The exemption dismisses the need for a full environmental review, which usually includes an Environmental Impact Report (EIR) requiring more study of possible effects on other species, examining alternative options, as well as a formal, public hearing process.

The plan includes the goal of eradicating the entire population of mule deer (Odocoileus hemionus) on the island, which the CIC says number 2,040. The plan says the deer are eating native plants and damaging the island’s ecosystem. The lawsuit contends the restoration components of the plan camouflages the eradication aspect, calling the eradication an “ulterior motive” of the CIC.

The plaintiffs contend the eradication plan using dogs to sniff out deer and helicopters dropping nets to trap them, “is precisely the type of project that warrants CEQA review,” according to the lawsuit. They also contend the state environmental agency is violating its own principals to “manage the state’s natural resources, including deer.”

The CDFW did not respond to questions about the lawsuit. “The department does not comment on pending litigation,” wrote CDFW spokesperson Cort Klopping in an emailed response.

Shortly after the RMP was approved on Jan. 30, the CDFW’s Jen Benedet, acting deputy director of public affairs, released a statement:

“CDFW’s decision is based on a scientific and legal review of the application. State law allows an RMP only for projects that restore native plants, wildlife, or habitat and that would result in a substantial net benefit to native species or their habitats and ecosystems.

“Projects permitted under an RMP are proposed and carried out by the applicant, not by CDFW. The permitted CIC activities are intended to support the recovery and long-term health of native and endemic California species, including by addressing impacts from invasive and non-native species. This RMP represents CDFW’s final permitting decision for the project.”

The plaintiffs include Coalition to Save Catalina Island Deer; California Deer Association; Howl for Wildlife; Safari Club International; California Rifle & Pistol Association, Inc.; and the California Bowmen Hunters/State Archery Association.

Melinda Benson, an attorney who is assisting the lawyers bringing the suit as well as a member of the Save Catalina Island Deer group and a former island resident, says the litigation asks for common sense and scientific analysis. She disagrees with the CDFW saying the exemption was based on a scientific and legal review.

“The relief we are seeking is a stay of the statutory exemption from CEQA, and a stop of all related activities under the permit,” she said on March 16. “A full, CEQA review would be appropriate for any project this size. We don’t believe it is appropriate to proceed under this exemption.”

The CIC responded to the lawsuit, saying removal of all the deer is necessary to ensure no invasive species are chomping at native vegetation, destabilizing the hillside environment and leading to the rise of non-native grasses.

The Restoration Management Plan (RMP) plan also includes re-planting of native plants. The group said it has support of community members and others, including the Gabrielino-Tongva tribal community.

“Decades of scientific research has informed this plan and we are confident in both the science and the process behind the permit. We are committed to the work ahead to protect and restore Catalina Island for the people and native wildlife that depend on it,” wrote CIC Interim President and CEO David Solomon in a statement.

The Conservancy response called the deer “invasive” because they were brought onto the island more than 100 years ago for sport hunting. “The threat that invasive mule deer pose to Catalina’s native ecosystem is well-documented, and all other potential alternatives for managing the population have been exhausted.”

Benson said the plaintiffs, which include hunters and gun owner groups, believe completely removing the deer is not a necessary goal. She said limited hunting, which has been done in the past with licensed sport hunters, would sufficiently thin the herd to a manageable number.

“I am not a hunter. I am an animal lover. But a managed hunting program has always been a viable option,” she said.

Animal rights groups say the deer should not be slaughtered en masse and that the plan takes away from the pleasure of residents and tourists from seeing the animals roam the island and taking their pictures. Hunters and gun groups say the plan takes away their rights to legally hunt the animals and denies them outdoor recreation.

The island’s conservancy, one of California’s oldest private land trust, manages 88% of the island or about 48,000 acres. The city of Avalon is separate and is run by an elected City Council. It has opposed the deer eradication plan, according to the lawsuit.

Catalina Island, about an hour’s boat ride from Long Beach, is part of Los Angeles County. The bulk of the land is unincorporated LA County, and comes under the jurisdiction of Fourth District LA County Supervisor Janice Hahn.

Hahn has vehemently opposed the mass eradication of the deer, saying the action is “drastic” and “unnecessary.”

In April 2024, the CIC advocated using helicopters flying low with sharpshooters to take out the deer. Hahn opposed that plan, as did 90,000 people who signed petitions in opposition to the plan, which also was opposed by the Catalina Island Humane Society.

That plan was dropped. But the new plan to use hired sharpshooters on the ground to carry out the killings over five years also drew Hahn’s opposition.

“Mule deer have been part of Catalina’s landscape for nearly a century, and they are deeply valued by the people who live on and visit the island,” Hahn said. “I continue to hear from long-time residents who cherish these animals and want a more balanced, humane solution.”

The Los Angeles County’s Office of County Counsel recently wrote the island’s conservancy a stern letter asking for a stay of the eradication plan. Fire Chief Anthony Marrone wrote a memo to Hahn saying removing all the plant-eating deer could actually raise the wildfire risk.

Pastor Lopez, 80, who has lived on Catalina Island nearly his entire life, remembers the trauma he and his 12-year-old daughter experienced when sharpshooters from helicopters began killing the island’s goats in the early 1990s. He and his daughter were on a trail and witnessed the shooting of the goats. He didn’t want any of the residents to see more animals shot and killed, he said.

“The people here love them (deer),” he said. We have about 4,000 people who live here and we all love the deer.”

Wendy Hernandez, a 50-year resident of Avalon, said she thinks a large majority of the town’s residents oppose the mass eradication plan.

“We are not against hunting as a recreational sport. We have a problem with eliminating an entire deer population. It is cruel and inhumane,” she said.