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La Jolla Friends of the Seals...Preserving a Unique Natural Treasure August 31, 2010
On September 15th, at 8:30 am, the same issue will be heard by a "Hearing Officer" from the city's Development Services. This will be at 202 C Street (City Hall) on the 12th floor. Of course, our presence in the audience is crucial at both of these events, each of which will entertain public comment (usually about 1 to 3 minutes). Please email the Mayor, asking him to place the rope immediately, as a public safety measure, and to prevent liability for the city in case of an injury. JerrySanders@sandiego.gov. If you want to see seals, the best time seems to be in the morning. We have reports the last few days of from 100 to 200 on the sand and on the rocks. So they are there - just not usually seen at the peak warm times. The Children's Pool Ranger position is temporarily filled by a retired Senior Ranger, Randy Hawley. He usually can be seen in the early after noon on weekends talking to visitors. He is not acting in any authoritive way (to our dismay) and states he cannot enforce violations of federal law - such as people deliberately harassing seals. His projects are to convey information about city policy, design more effective signage and create a volunteer city-sponsored docent program. A permanent ranger will not come on board until December or so. La Jolla Friends of the Seals did have a conference with the Director of Parks and Rec, Stacey LoMedico, and the ranger. For a transcript, please call our telephone number 619-687-3588. July 27, 2010 The scene is one of a chaotic take-over with large umbrellas, BBQ parties and visitors occupying all possible spaces along the seawall ledge, at the water line and over into the sandstone bluff side day and night. On several occasions, I’ve seen seals bobbing off shore, looking for a place to enter the beach for a much needed rest, but being creatures of a shy nature, simply give up and wait for the large human crowds to dissipate to their own land based comforts in the late night hours. For the last three days, hardly any seals have been seen on the beach in the early morning hours, a time previously relatively safe for them. On Tuesday, the tale-tell signs of a single man’s shoe print tells the story of approaching the seals usual sleeping space, a large flushing into the water, and another line of footsteps leading back to the steps. Where is the follow-through of the popular desire to allow the seals their small parcel of the coast? Visitors from the world over are disappointed to see only swimmers and divers where they were told there would be seals. Why has the Mayor refused to allow temporary placement of a thin rope line to suggest people are safer behind the line? Why is there no surveillance of night time disturbances? Why do the lifeguards make so few public announcements for public safety to stay away from the seals? Where is this city’s sense of stewardship and adherence to a code of conduct? Ellen Shively June 29, 2010 Mr. Hawley’s immediate responsibilities will include assignment at the Children’s Pool, reviewing the current signage at the site, and initiate the efforts to create a volunteer docent program. I am not sure how this new program will affect the La Jolla friends of the Seals Volunteer Docent program. Stay tuned! June 11, 2010 In spite of the May 17th City Council vote of 6-2* to seek emergency placement of the rope barrier at Casa Beach, Mayor Jerry Sanders denied the request on June 11th. The rope barrier was in place during pupping season as a reminder to people to keep a respectful distance from the harbor seal colony. The council voted to retain the rope year round. His view is that there is no “emergency” to justify the immediate placement of the rope, bypassing the normal permitting process. This is an obvious and unnecessary hurdle to stall increased protection for the marine animals. Now, the permit request must proceed slowly and deliberately involving several city and governmental hearings, such as the City Planning Department and the California Coastal Commission. This process could take six months. Without the cautionary demarcation of the rope, the ”shared use” policy is a potential danger to both visitors on the sand and the colony. In a bitter letter to the Mayor, Ellen Shively wrote that if an incident involving a child being bitten by a frightened seal occurred, or if a seal were harmed by a careless action, the liability to the city for a law suite could be hugely expensive. What expense to the city is placement of the rope? We just don’t get this city’s lack of courage, wisdom and heart. * (voting no were Lightner and Young) May 18, 2010 The council members approved Ms. Frye’s plan as adopted by the Natural Resources and Culture Committee on April 5, 2010:
Pro-seal advocates are requested to send an email to Mayor Jerry Sanders (Jerrysanders@sandiego.gov) urging him to authorize the immediate re-installation of the rope barrier as a public safety measure. Thanks to all the hard work of each of you. The turn out was marvelous and the positive energy abounded. The work is never over, but the path is a little smoother as a result of all your dedication. I’m proud to be party of this organization. Ellen Shively, President May 8, 2010 LJFOS is hosting the annual post-pupping season "SealAbration" at Casa Beach this coming Saturday May 15th from 1 pm to 3 pm. We'll have a large layer cake, the "temporary tattoo" man Murat, a color the seal page with a seal and message to City Council for children to complete, and the hand out for adults to sign urging City Council to pass the four recommendations for a marine mammal park on May 17th. We'll combine it with a rally to protest the city's removal of the rope barrier and invite the media to film us. Home made signs are welcome and we'll have some signs available. Theme is "Rope is for seal and our safety." It would be wonderful to have most of our docents there in tee shirts. Any children would also be most welcome! Please put this important event on your calendar and plan to attend. Call Ellen Shively at 619-479-3412 with any questions or suggestions. April 27, 2010 April 21, 2010 Parks and Beaches Comm. meeting on Monday, April 26 at 4 pm at the Rec Center and the La Jolla Community Planning Assoc. meeting on Thursday, May 6 at 6 pm at the Rec Center to discuss each of these items and ask for each committee’s recommendations. A special hearing in La Jolla where the City Council will take up the issue of future management plans for the Children’s Pool has been scheduled for Monday, May 17 at 6 pm at Sherwood Auditorium at Museum of Contemporary Art - La Jolla, 700 Prospect St. The public is invited to attend, and there will be an opportunity for all interested parties to speak during public comment. The Council will be considering the following items:
April 5, 2010 The NRCC ceded these provisions for the colony:
The first two items will be presented in the form of a timely amendment : one to the Local Coastal Development Plan (LCP) to prohibit coastal access during pupping season, and the second one to the Coastal Development Plan (CDP) to keep the rope up year round. In addition, they will ask for clarification of the existing signage which confuses people. One sign says, "The Beach is open at all times", and another cautions people against coming too close to the seals. It has always caused confusion in the minds of visitors and locals about going onto the sand. Thanks to all of you who have written letters, made phone calls and discussed the situation with friends and relatives and city leaders. We kept it lively and pressing and the Council members responded. Although we do not yet know the date when the full Council will hear the matter, we urge you to write or call your district representative and let them know you fully back the NRCC recommendations. You can find your council rep by looking in the blue pages of the phone book under City of San Diego City Council, or calling the council office at 619-236-6440. Let's keep our requests for a good management plan in front of them until our seal colony is fully protected. We're getting there!! March 29, 2010 Again, we will make our case for our proposed plan before it is brought to the full council. Please show your support by attending the hearing and waiving your speaking time to APRL so we can have enough time to present our proposal to the committee again. Also, if you haven't already sent an email or letter to your council member, you still can - contact information HERE. Ask them to grant full protection to the seals by:
Thank you for your support! March 26, 2010 La Jolla Friends of the Seals has a table with shade on the main street - the Prado West. We meet and greet lots of people. We'll have something to sign and something for young people to do. We usually have an item to raffle if we can find something of value that is donated. Please call Ellen Shively at 619-479-3412 to sign up for a 2 or 3 hour shift to tell people our wonderful story. Bottled water and cookies provided. March 15, 2010 Pupping season is well under way at Casa Beach, with 35 live births reported thus far. The first was born Jan 29th and the most recent came Sunday. It has been a difficult season, with three pups being taken to Sea World because of abandonment. For an update on the dates and names of this year's crop, please see Pup News. As always, we are looking for new docents. We provide excellent training and have been active in educating the public and protecting the seals. Since pupping season started, LJFS has funded a "night watch". This is a professional guard service with all employees licensed and bonded. We hope to continue this watch through 30 June to cover the weaning period, as both moms and pups are especially vulnerable at this time. Would you please help? The cost is $128 per shift and we are asking each of you to help with a generous donation. Please send what you can to LJFS, PO Box 2016, La Jolla, Ca 92038. Mark your check for "Night Watch". Remember, it is tax deductible!. You can also donate on-line HERE. Thanks! December 17 - Rope Barrier Placed at Casa Beach on December 16 on an Emergency Basis. The permit was heard by a Hearing Officer on December 2, 2009 and was approved. On December 7, a member of the public filed an appeal of that decision with the Development Services Department. The filing of an appeal requires the permit now be heard by the City Planning Commission. The matter is targeted to be heard before the Commission at their January 21, 2010 meeting. Based upon advice of the City Attorney’s Office, early this morning Park and Recreation Department staff placed the rope barrier at the Children’s Pool, as an “emergency” action while the permitting process continues. November 13 - THE SEALS GET TO STAY AT CASA BEACH!! THEY WON'T BE DISPERSED AND THE BEACH WON'T BE DREDGED! Superior Court Judge Timothy Taylor overturned two prior rulings by other judges that would have forced San Diego to disperse about 200 harbor seals that live at Casa Beach. Paul Kennerson conceded this may well be the end of the line for him. The City has already spent close to two million dollars on this issue which includes one million in court fees to Mr. Kennerson. The City stressed they felt the judge made the right decision in this controversy which has gone on for years. More information and a Video can be viewed HERE. The news was even covered in the New York Times. On January 1, 2010, the new State law will go into effect which allows the City to manage the beach as a marine mammal park. The matter now rests in the hands of City Council as far as deciding how they plan to manage the beach. Seal activists celebrated the victory with a rally at Casa Beach following the court ruling. Although the court victory is cause for great celebration, we now need to work with City Council to give the seals greater protection by creating a marine mammal park. Our hope is that one day this will be a protected wildlife reserve for seals only. The rope line will go up on December 15. This is the date the City recognizes as the official beginning of pupping season. Please write, call or email City Council members and the Mayor urging them to give the seals greater protection by creating a marine mammal park. Mailing address is City Administration Building, 202 "C" Street, San Diego, CA 92101. Handwritten letters generally have more impact, but emails and phone calls are great too. Click HERE for sample letters to use as templates that you can modify using your own wording. Letters include ones for adults, students, older and younger children. The more letters that are sent, the more likely it is the Mayor and City Council will listen to us. District 1: Sherri Lightner (619) 236-6611 District 2: Kevin Faulconer (619) 236-6622 District 3: Todd Gloria (619) 236-6633 District 4: Tony Young (619) 236-6644 District 5: Carl DeMaio (619) 236-6655 District 6 : Donna Frye (619) 236-6616 District 7: Marti Emerald (619) 236-6677 District 8: Ben Hueso (619) 236-6688 Mayor Jerry Sanders: (619) 236-6330 September 22 - City Council voted 7-1 NOT to certify the final Environmental Impact Report which proposed dredging Casa Beach. Council Member Donna Frye noted the document did not provide an analysis of the impact of SB-428, creation of a marine mammal park or the impact of the MLPA process. It is also inconsistent with the City's General Plan which promotes aquatic biodiversity and habitat recovery. She wants to see an analysis of ALL alternatives and preparation of a joint Environmental Impact Report/Environmental Impact Statement in conjunction with the Army Corps of Engineers. Marti Emerald seconded her motion, and only Sherry Lightner voted in opposition. See more information HERE. September 17 - Judge Yuri Hoffman was disqualified from the Animal Protection and Rescue League (APRL) and the O'Sullivan cases!!! Thanks to Bryan Pease of APRL for getting him dismissed. There will be no hearing on October 6 on seal dispersal. The presiding judge, Judge Timothy Taylor, will assign somebody else to the case, but it will take time and most likely not much will happen before January 1st, when SB 428 goes into effect. See the SD Union Tribune article for more DETAILS. TELL CITY COUNCIL AND THE MAYOR WE WANT THE ROOKERY PROTECTED! GOVERNMENT OFFICIALS NEED TO HEAR FROM THE PUBLIC AS TO WHAT WE WANT! BE SURE TO FORWARD THIS TO YOUR FRIENDS AND FAMILY. Please write City Council members and urge them to create a marine mammal park at Casa Beach. SB 428 gives them the power to do so starting January 1, 2010. We need the residents of San Diego to tell their representatives that we want more protection for the seals. Pupping season begins in November so they need to hear from their constituents now. Please tell them the existing policy of shared use isn’t working. They should review ways to end harassment of the seals and enforce compliance with State, Federal, and City laws. Ideally we want them to close the beach. Viewing access to the seals is more important than physical access to the beach. Creating a marine mammal park will also do much to end the existing controversy. Children, residents of the City, as well as tourists from other parts of California, all states in the country, and around the world want the harbor seal rookery protected and preserved for the enjoyment of future generations. Council Members are Sherri Lightner in District 1 where Casa Beach is located in La Jolla: Letters can be sent to all at 202 C St, MS 10A, San Diego, CA 92101. To find your City Council member, please click HERE. Please also consider emails, phone calls and letter to Mayor Sanders at JerrySanders@sandiego.gov, 619-236-6330, 202 C Street, 11th Floor, San Diego, CA 92101. Today’s court stay of the dispersal order is a temporary victory for the seals and the public who enjoy seeing the seals. The October 6, 2009 hearing will consider how SB428 affects the underlying lawsuit forcing the seals off the beach. SB428 co-authored by State Sen. Christine Kehoe and State Assemblyman Nathan Fletcher, gives the City the right to decide the fate of the seals, which can include leaving the seals alone and designating the beach and rookery as a Marine Mammal Park. That bill overwhelmingly passed both the State Senate and Assembly. Hours after the July 20, 2009 court order to disperse the seals, Governor Schwarzenegger intervened and signed SB 428, but the bill doesn’t take effect until January, 2010. Until then the order to remove the seals is in place. La Jolla Friends of the Seals and other groups have staged pro-seal rallies since Monday in support of the seals. The turnout has been great and enthusiastic with lots of press. We are at a critical point and need volunteers to help protect the seals and this unique marine mammal habitat. Please sign up as a volunteer and for email updates. Thank you for making the difference!July 10, 2009 The State Assembly yesterday unanimously passed SB-428 (71-0) that would allow the San Diego City Council to determine whether seals or children should have priority over the cove. But Gov. Arnold Schwarzenegger has threatened to reject any bill that “is not urgent or absolutely necessary” until the budget deadlock is broken. So two San Diego lawmakers employed a rare strategy to delay their own measure's arrival on the governor's desk in an effort to make sure it is given an objective review and not caught up in the budget review. . Although SB-428 isn't related to the state budget, it is very important to San Diego's budget and is supported by both the Mayor and City Council. The City doesn't want to spend more money on lawsuits nor be forced to follow through with the judge's ruling to dredge the beach or disperse the seals. The City has already spent over $1 million dollars and wants to avoid having to spend approximately $2 million more to comply with existing court orders. The Legislature has until September 11th to pass all its bills for the session. If they don’t have a budget by then, there will be decisions on how the bills are handled. The Governor has until October 11th to sign or veto any bills that come to him after the September 11th deadline.Last year the Governor vetoed all bills (regardless of whether there was any cost to the State). Please click HERE to see a sample letter you can use as a template for sending your own letter to him at www.gov.ca.gov/interact. Enter your contact information as requested and then choose your subject as Environment - issues/concerns. Letters by mail are even more effective and should be addressed to: The Honorable Arnold Schwarzenegger Attn: Legislative Affairs: Request for Signature Faxes should contain the same information as above (including the attention line) and faxed to 916-558-3160. However, Paul Kennerson, the attorney battling to oust the seals, said he will vigorously push the courts to live up to the original agreement even if the governor signs the latest bill. He maintains the measure only amends the agreement and still contains wording that states the beach “shall be devoted exclusively” to certain uses, including a “bathing pool for children.”July 8, 2009 Animal Protection and Rescue League has filed a new lawsuit seeking to bar San Diego from dispersing the seal colony at Casa Beach in La Jolla. The suit, filed in San Diego Superior Court, follows the dismissal of a related lawsuit by a U.S. District Court judge last week (see June 30 info below). The group alleges that San Diego's plan to disperse the seals is illegal because last year, there was a major change in the legal landscape related to harassment of wildlife and disturbance of their habitat. June 30, 2009
Federal Restraining Order Removed Preventing the City from Dispersing the Seals. Next State Court Hearing will be on July 20, 2009.
Pro-seal advocates lost a round in court Monday when U.S. District Judge William Q. Hayes dismissed a case that would have required federal permits before the seals could be removed from the Children's Pool beach.
La Jolla Friends of Seals and James Hudnall Jr. sued the National Oceanic and Atmospheric Administration (NOAA) and the city of San Diego claiming "a permit under the Marine Mammal Protection Act (MMPA) is required before the seals can be dispersed as there would be irreparable harm if they were removed immediately." Hayes' ruling states, "This court grants the motion to dismiss … The court found no grounds for the exercise of federal jurisdiction requiring a MMPA permit to be issued prior to allowing the disturbance of seals at the Children's Pool Beach." Both sides had an immediate reaction to Hayes' decision. "There is now no legal impediment to your (city's) immediate dispersal of the seals," attorney Paul Kennerson, who's been arguing for the Children's Pool trust, wrote in an e-mail sent to Deputy City Attorney George Schaefer. "The court has not adopted a seal dispersal plan," said Schaefer. "They (court) wants us to appear on July 20 to evaluate competing seal dispersal plans. We see no reason for there to be any court hearing before July 20." At the hearing on June 15, Judge Hoffman rejected the City's plan using the amplified sound of barking dogs that would cost up to $700,000 as being too expensive. The City will have to research the water sprinkler or SCARECROW plan proposed by anti-seal attorney Kennerson. Assistant City Attorney for Civil Litigation Andrew Young said "the plaintiff's plan to disperse the seals would require the city to shut down the beach. He said the Scarecrow plan might require a permit and could be a violation of the Clean Water Act." Based on that statement, Judge Hoffman gave the City more time and set July 20 as the next hearing date. Sherri Lightner held two community forums on the seals. The first was held on June 18 regarding a summer management plan for Casa Beach. Please click HERE for suggestions LJFS made that we feel could be implemented. The forum on June 25 solicited ideas for a marine mammal park. Please click HERE for the suggestions we submitted.
Lightner has promised more discussion on these plans and at some point she should be posting updates on her website.
The protective rope line that the City put up during pupping season came down on May 15, and visitors need to be EXTREMELY cautious when viewing the seals! Pups need a period of 4-7 weeks to wean from their moms, but there are a few who are still weaning. Even after they are weaned, it is harmful to disturb them as they are still learning to fish and fend for themselves and are also sometimes susceptible to malnourishment. PLEASE CLICK HERE TO READ SEAL VIEWING TIPS! You can view the Federal, State and Municipal Codes Protecting Marine Mammals HERE.
The Casa Beach (or Children's Pool) is a rich, natural setting with harbor seals on the beach, gray whales and bottlenose dolphins offshore, brown pelicans on the rocks, cliff swallows darting about, ground squirrels on the bluffs, a wealth of invertebrate life in the tidepools and even an occasional sea lion or elephant seal making an appearance on the beach. This all makes for an abundant experience of coastal wildlife, right on our doorstep - and it's free! Casa Beach is located at the corner of Coast Blvd. and Jenner Street; here's a MAP and directions. La Jolla Friends of the Seals (LJFS) is a non-profit all-volunteer organization that was established in 1999 to offer protection to the La Jolla Harbor Seal Colony and education to the public through its Naturalist-Docent Program, 'Friends of the Seals'. Docents volunteer their time to educate visitors about the harbor seals and other natural treasures in the area. Look for their turquoise shirts and jackets at Casa Beach! LJFS is a non-profit organization funded by small grants from philanthropic organizations and donations from the local community and the general public. It was awarded the Environmental Hero Award 2000 by the National Oceanic and Atmospheric Administration (NOAA) for its efforts in protecting the seals and educating the public about them. About Harbor Seals | The Docent Program | History | Controversy
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