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La Jolla Friends of the Seals
© LJFS and Liesl Schindler

La Jolla Friends of the Seals...Preserving a Unique Natural Treasure
Latest Casa Beach News:

 
Click on image for a larger view.

January 2, 2010 Janie DeCelles, advisor to the Hattie Ettinger Conservation Fund at the San Diego Foundation dedicates new LJFS signs. Janie is Ms. Ettinger's niece and has been a long-time supporter of educational signage at Casa Beach. Hattie Ettinger was a lifelong supporter of education regarding conservation. She believed that a better informed public would appreciate their environment and make better decisions regarding the future impact of mankind on our environment. She adored and appreciated the seal colony at Casa Beach.

December 17 - Rope Barrier Placed at Casa Beach on  December 16 on an Emergency Basis. 
City Council directed the City Manager to place an “annual” rope barrier at Children’s Pool during the seal pupping season (December 15 through May 15) to protect the public and the seal colony during this period when seals have heightened vulnerability and mother seals may display greater aggression if disturbed or harassed. In November 2009, in accordance with that direction, the Park and Recreation Department staff via the Development Services Department staff, began the process of securing a Coastal Development Permit which is required prior to the placement of the rope.

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 appealof 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
SherriLightner@sandiego.gov

District 2: Kevin Faulconer (619) 236-6622
kevinfaulconer@sandiego.gov

District 3: Todd Gloria (619) 236-6633
toddgloria@sandiego.gov

District 4: Tony Young (619) 236-6644
anthonyyoung@sandiego.gov

District 5: Carl DeMaio (619) 236-6655
carldemaio@sandiego.gov

District 6 : Donna Frye (619) 236-6616
donnafrye@sandiego.gov

District 7: Marti Emerald (619) 236-6677
martiemerald@sandiego.gov

District 8: Ben Hueso (619) 236-6688
benhueso@sandiego.gov

Mayor Jerry Sanders: (619) 236-6330 
JerrySanders@sandiego.gov

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:
SherriLightner@sandiego.gov, 619-236-6611; Kevin Faulconer in District 2, kevinfaulconer@sandiego.gov, 619-236-6622; Todd Gloria in District 3, toddgloria@sandiego.gov, 619-236-6633; Tony Young in District 4, anthonyyoung@sandiego.gov, 619-236-6644; Carl de Maio in District 5, carldemaio@sandiego.gov, 619-236-6655; Donna Frye in District 6, donnafrye@sandiego.gov, 619-236-6666; Marti Emerald in District 7, martiemerald@sandiego.gov,, 610-236-6677; and Ben Hueso in District 8, benhueso@sandiego.gov, 619-236-6688.

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.

Temporary Victory for The Seals! 
July 23, 2009
On July 23, 2009, Judge Yuri Huffman stayed his own July 20, 2009 court order to remove the seals until October 6, 2009 when he will hear why the seals should stay. The City of San Diego had until July 23, 2009 to disperse the seals or face heavy fines. The City argued it could not afford the $866,000 dog barking plan to disperse the seals. The court was undeterred.

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
Governor, State of California
State Capitol, First Floor
Sacramento, CA 95814

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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P.O. Box 2016, La Jolla, CA 92038
For more information please call (619) 687-3588 or email us.

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