La Jolla Seal Controversy

Legal Documents

Seals, Sharks, and us

Ellen Browning Scripps Trust

Public Health

Space

 

Space

   
Space
MISSION / HOME
PHOTO GALLERY
SEAL REHABILITATION
HISTORY
WATER SAFETY
WITH RESPECT TO THE ENVIRONMENT & SEALS
SCIENTIFIC STUDIES
CITY OF SAN DIEGO REPORTS & LETTERS
FEDERAL REPORTS & LETTERS
WHAT DO SEALS REALLY THINK OF DIVERS?
Press Releases
HARASSMENT EMAILS
COMMENTARY
HOW TO DEAL WITH CONFRONTATION
video of APRL defying police
TIMELINE
PROOF THE SEAL COLONY WAS BUILT AT CHILDREN'S POOL

 

 

Below is the index to 9 pages of reasons to disallow removal of constitutional access guarantees on any California public tideland. Clicking the blue lead (number 1-9) brings up its total page and more documentation links.

(1). San Diego officials are asking the CCC to approve violations of the 1931 Children’s Pool land grant trust, the Marine Mammal Protection Act (109a) and key sections of the Coastal Act and the California State Constitution.  (Art 1, Sec 25) ( Art X,Sec 4)

(2). The Coastal Commission must consider the balancing section of the Coastal Act under 30007.5 when evaluating a most significant resource: human safety and public access. (Click on (2) for illustration)

(3). Without an Environmental Impact Report (EIR), foreseeable and cumulative ecological consequences have been ignored.  This violates CEQA and NEPA policies. ADA access is federally required, not closure.

(4). Scientific data requiring or even supporting closure does not exist. NOAA/NMFS rejected any need to close the Children’s Pool Beach to comply with the MMPA. Scientific studies, from the City’s own consultants, cited “minimal disturbance of harbor seals at Children’s Pool from typical human activity without harm”

(5). Allowing a City to strip a public tideland of access protection in its LCP removes CCC jurisdiction with no way to get it back. This sets a new, lowered standard for beach closure for all of California.  

(6).This City plan misuses Coastal Act Section 30230 as if an artificial urban beach were an ESHA.     A man-made beach formed behind a protective concrete seawall is not a natural habitat and alters nature to create animal dependence on human supplied shelter.
Harbor Seals are not depleted, threatened, or endangered, or under State jurisdiction

(7). Less drastic alternatives should be tried before beach closure.      San Diego has ignored known alternatives and striven to fail at shared use, to create a useful crisis.  Check the Lifeguard Plan, which the City has ignored for 2 years.

(8). A beach closure would reverse the 2001 Commission’s ruling against any permanent seal reserve in application 6-00-126 for a permanent seal reserve in La Jolla on trust protected public recreational tidelands. Read it here.

(9). Our city politicians presented this latest beach closure plan as the next step in a series without revealing the obvious next steps.  Seals are pupping on other public beaches in San Diego

------------------------------------------------------------------------
San Diego has created crises by its own mismanagement and feigned incompetence to force the CCC into a corner, and the Commission need not tolerate it.

San Diego must be told: "Go back and talk to your community advisors and local groups and stake holders and ocean users. Try alternatives. Solve your problems yourself within the confines of existing State laws. If that is truely impossible then go to the legislature. If we have an emergency then bring it to us as such with the evidence."

Despite what you may have heard, there is no effort to make our seals leave. Seal presence is protected by State and Federal law and we like them. The only authorized agency allowed to protect seals has endorsed shared use on our beach. (NOAA)


 

 

 

Bar
Email us at friendsofthechildrenspool@cox.net