Urgent Demand Letter Being Sent to Stop July 4th Fireworks in Marina del Rey Wildlife Region

A group of concerned citizens and wildlife advocates will deliver this letter in person to LA County Supervisor Holly Mitchell’s office and to the LA County Department of Beaches and Harbors on Monday, June 22nd, saying repeated attempts to communicate the threat that Marina del Rey fireworks pose to protected wildlife have fallen on deaf ears. 

Formal Request – July 4th Fireworks Activity Adjacent to Federally and State-Listed Endangered Species Nesting Habitat, Marina Del Rey / Venice Beach, Los Angeles County

Dear Beaches and Harbors and Supervisor Holly Mitchell:

I am writing to formally request that your respective offices investigate and take appropriate enforcement action regarding the annual July 4th fireworks activity conducted in close proximity to the protected endangered bird nesting habitat located at and near Venice Beach and the Marina Del Rey area, north of the Ballona Creek entrance, in Los Angeles County.

I. THE PROTECTED HABITAT AND SPECIES AT RISK

The Venice Beach area north of Ballona Creek is established nesting habitat for the state and federally legally protected bird species:

•  California Least Tern (Sternula antillarum browni)

Federally and State-listed as Endangered. Active nesting season: April through August. This species is managed jointly by the Los Angeles Audubon Society and the California Department of Fish and Wildlife (CDFW) at the Venice Beach site.

July 4th falls squarely in the peak of the active nesting season for this bird specie, when eggs and chicks are most vulnerable to disturbance, nest abandonment, and predation.

II. APPLICABLE LAWS AND REGULATIONS VIOLATED

A. California Coastal Act, Section 30240

Section 30240 of the California Coastal Act mandates that environmentally sensitive habitat areas (ESHAs) be protected against any significant disruption of habitat values. Fireworks detonated adjacent to an active nesting colony produce extreme noise, light, and percussive disturbance that cause birds to abandon nests in panic, leaving eggs and flightless chicks exposed to predators and environmental hazards. The Coastal Commission has previously taken enforcement action against far lesser disturbances — including commercial dog-walking activities — on the grounds of ESHA protection. Fireworks represent a substantially greater and more acute threat to habitat values.

B. Los Angeles County Ordinance § 19.12.1380

Los Angeles County Code § 19.12.1380 explicitly prohibits any person within the Marina del Rey harbor area from hunting, injuring, molesting, frightening, trapping, chasing, or teasing any bird or fowl. The word “frightening” is explicitly enumerated in the ordinance. Fireworks unambiguously frighten birds — this is not in dispute scientifically. The conduct of fireworks activities in proximity to the nesting colony during the active nesting season constitutes a direct and clear violation of this ordinance.

C. Venice Land Use Plan (Venice LUP)

The Venice Land Use Plan Policy IV.D.3 states that the Least Tern nesting habitat on Venice Beach shall be preserved and shall not be disturbed by encroachments of public improvements and activities. The Venice LUP further provides that no development permits shall be issued for activities with a potential significant impact on the Venice Least Tern colony. A July 4th fireworks event constitutes a scheduled public activity with a known and documented significant impact on the colony.

D. Federal Endangered Species Act and Migratory Bird Treaty Act

Both the California Least Tern and the Western Snowy Plover are protected under the federal Endangered Species Act (16 U.S.C. § 1538). Any act that harasses, harms, pursues, or disrupts these species or their breeding conduct constitutes an unlawful “take” under federal law. Additionally, the Migratory Bird Treaty Act (16 U.S.C. §§ 703–712) prohibits the pursuit, hunting, capture, killing, or disturbance of all migratory birds and their nests. Nest abandonment caused by fireworks disturbance can constitute a violation of both statutes.

E. California Endangered Species Act (CESA)

The California Endangered Species Act (codified in California Fish and Game Code §§ 2050–2089) cal Reserve and surrounding nesting areas in Marina del Rey.

1. The Statutory Prohibition Against Unpermitted “Take”

The core protection of CESA lies in its strict prohibition against the “take” of any state-listed endangered or threatened species without an authorized Incidental Take Permit under Section 2081.

Under California Fish and Game Code, “take” is defined broadly as to “hunt, pursue, catch, capture, kill, or attempt thereof.” Legal precedent establishes that physical impact is not required to constitute a take. The percussive shockwaves, intense flashes of light, and toxic chemical smoke from commercial fireworks create an extreme disruption that triggers immediate physiological panic.

Ecological Consequences: This disruption causes nesting birds to flush from their roosts, directly resulting in: Rapid egg cooling and embryonic death. Permanent nest abandonment. Fledglings throwing themselves from nests prematurely, leading to direct mortality.

2. Imminent Threat to State-Listed Endangered Species at the Ballona Wetlands Ecological Reserve, which is immediately adjacent to the area where the fireworks are shot off.

The Ballona Wetlands Ecological Reserve is a critically sensitive habitat along the Pacific Flyway. Launching fireworks immediately adjacent to this sanctuary during breeding season poses an immediate, foreseeable threat to species fully protected under CESA:

Belding’s Savannah Sparrow (Passerculus sandwichensis beldingi)

Status: State Endangered

Habitat Impact: This species relies exclusively on the pickleweed salt marshes of the Ballona Reserve for nesting and foraging.

Least Bell’s Vireo (Vireo bellii pusillus)

Status: State and Federally Endangered

Habitat Impact: This migratory songbird utilizes the riparian and willow corridors directly bordering the reserve for breeding and chick-rearing.

Because the typical schedule for these fireworks displays directly overlaps with active nesting and fledging seasons, the resulting wildlife panic constitutes a predictable, preventable, and unpermitted violation of CESA.

•  Western Snowy Plover (Charadrius nivosus nivosus)

Federally-listed as Threatened and a California Species of Special Concern. Active nesting season: April through September.  Nests on nearby Dockweiler Beach and roosts at the Ballona Wetlands Ecological Reserve.

III. REQUESTED RELIEF

In light of the foregoing, I respectfully request that Supervisor Holly Mitchell and LA County Beaches and Harbors:

1.  Promptly investigate the planned July 4th fireworks activity adjacent to the Venice Beach / Marina Del Rey Least Tern nesting habitat and the Ballona Wetlands Ecological Reserve, which is nesting and roosting habitat for species mentioned earlier in this letter;

2.  Issue a cease and desist order or enforcement notice – prohibiting fireworks activities within a defined buffer zone around the active nesting colony during the nesting season (April – September);

3.  Coordinate with the Los Angeles County Department of Beaches and Harbors, CDFW, the U.S. Fish and Wildlife Service, California Coastal Commission and the Los Angeles Audubon Society to establish permanent protective protocols for future July 4th activities;

4.  Deny any permit applications seeking to conduct fireworks activities in proximity to this habitat.

The Venice Beach Least Tern colony is one of only a few remaining breeding sites for this endangered species in Los Angeles County. The laws cited above represent a clear, layered framework of protection — federal, state, and local — that collectively prohibit the type of acute disturbance that annual fireworks events impose on this habitat.

In addition, I am formally reporting an ongoing enforcement issue and apparent regulatory inconsistency regarding the authorization of firework displays that directly impact environmentally sensitive habitat areas (ESHA) and ecological resources under the jurisdiction of the California Coastal Act.

Specifically, Los Angeles County has operated fireworks displays on New Year’s Eve twice in a single day. These operations, as well as the July 4th fireworks launches, occur immediately adjacent to the Ballona Wetlands Ecological Reserve, a critical and sensitive coastal ecosystem. The noise, debris, toxic chemicals and light pollution from these dual events cause significant disruptions and harm to the local wildlife and protected habitats, which constitutes a violation of the Coastal Act’s protections for coastal resources.

Furthermore, there appears to be an arbitrary inconsistency in how these activities are regulated:

The California Coastal Commission has required coastal development permits (CDPs) from other municipalities such as the City of Long Beach, for similar fireworks displays.

However, no such permit or oversight has been required for the operations conducted by Los Angeles County in Marina del Rey.

Because the Coastal Act mandates the uniform protection of coastal resources and requires that any development with the potential to adversely impact coastal waters and wildlife undergo proper permit review, we request that the California Coastal Commission – Enforcement Staff investigate this matter. The Coastal Act mandates that there is a dual permit zone in Los Angeles, and Los Angeles County also has a shared responsibility to ensure compliance with the California Coastal Act and other laws protecting endangered species.  Los Angeles County should be held to the same regulatory standards as other coastal entities, and a full evaluation of the environmental impacts on the Ballona Wetlands Ecological Reserve must be conducted.

I urge the Department of Beaches and Harbors and Supervisor Mitchell’s office to act promptly given the imminent date of the July 4th holiday. Due to the urgent timing of this demand, please comply and respond by email before July 1, 2026.

Thank you for your attention to this matter. I am available to provide any additional information or supporting documentation upon request.

Respectfully submitted,

Christina Ku, Attorney at law

to:

Los Angeles County Department of Beaches and Harbors

13837 Fiji Way,

Marina del Rey, CA 90292

Los Angeles County Supervisor Holly Mitchell

Kenneth Hahn Hall of Administration

C/O Room 383 Executive Office

500 W. Temple St., Suite 866

Los Angeles, CA 90012

cc:

California Coastal Commission – South Coast District Office

301 E. Ocean Blvd., Suite 300

Long Beach, CA 90802

California Department of Fish and Wildlife – South Coast Region

3883 Ruffin Road, San Diego, CA 92123.

U.S. Fish and Wildlife Service – Ventura Fish & Wildlife Office

2493 Portola Road, Suite B, Ventura, CA 93003-7726.

Los Angeles Audubon Society

P.O. Box 411301, Los Angeles, CA 90041-8301.