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NEWS
Seal story goes national - watch us on ABC Nightline http://abcnews.go.com/video/playerIndex?id=7857950 SB428 passes the Assembly Natural Resources committee. On June 22, 2009, the Assembly Natural Resources committee
voted 8-0 in favor of SB 428.The bill will go to the full assembly soon. The bill must be signed by the Governor. Even if you don't
live in California, please urge Schwarzenegger to support SB428. You can
contact him at: Shocking news out of the state courtroom: despite the temporary restraining order that the pro-seal attorney Bryan Pease obtained in federal court last October, on Wednesday, May 27th the state court judge Yuri Hofmann ordered the City to disperse the seals. The judge did not like the City's compliance plan and scheduled another hearing to review a new, less costly plan to get rid of the seals presented by the anti-seal lawyer Paul Kennerson. Kennerson's plan involves using sprinklers, which would require closing the beach and potentially violate CWA and CEQA - judge Hofmann scheduled another hearing for July 20, 9:00 am to hear the City's response. http://www3.signonsandiego.com/stories/2009/may/27/bn27seals113925/ Councilmember Lightner has issued a memo
in in which she openly endorses the inhumane plan to get rid of the seals
by using barking dogs. Lightner representing La Jolla is the only Councilmember
to support the dispersal plan and oppose the Senate Bill 428 amending
the 1931 Tidelands Grant. Please ask her why is she continuously refusing
to represent 90% of her district and is in favor of forcing San Diego
taxpayers to spend hundreds of thousands of dollars to distroy our beloved
seal habitat. Tell her that her position on the seal issue is harmful
to our values and our community and simply unacceptable. Sherri Lightner Here's a sample letter: ------------------------------------------------------------------ Councilmember Lightner, I wish to express my disapproval of your support of the City’s compliance plan to disperse the seals. I am deeply disgusted with the fact that you would endorse an inhumane act against wildlife: your position is unacceptable and it is hurting our community, our environment and our budget. You seem to forget to represent more than 90% of your constituents that wish to have the seals protected at the Children’s Pool at the same time catering to a greedy and immoral lawyer who contributed to your campaign. You were the only councilmember opposing SB 428, forcing San Diego taxpayers to foot the bill majority of the public does not approve, especially during financial crisis. I hope this awful move will mark the end of your career. You don’t deserve to represent District 1 residents and you should step down. Name/Address ----------------------------------------------------------------- Union Tribune has the story. City and Federal Court responds to the State Court's ruling: On June 2nd, 2009, the City of San Diego issied a response to Sherri Lightner's memo critisizing her heavily for her irresponsible statements: In the meantime, federal court judge Hayes confirmed that the temporary restraining order prtecting the seals from being dispersed is still in effect. The TRO was obtained last October by APRL pro bono attorney Bryan Pease. State Senate votes "Yes" on SB 428, State Assembly will vote next On April 14, 2009, the California State Senate overwhelmingly (30-4) supported Senate Bill 428. This bill amends the language in the 1931 Tidelands Grant to include “marine mammal park for the enjoyment and educational benefit of children,” which will add to the existing seven intended uses originally included in the Grant. This change will provide more protection for the seals at Casa Beach. Assembly Members Lori Saldana and Nathan Fletcher will be introducing similar legislation into the State Assembly in June. PLEASE SEND THEM YOUR SUPPORT LETTER to the following addresses: California State Assemblyman Nathan Fletcher California State Assembly Member Lori Saldaña To find the California Assembly Member who represents your legislative district, please go to: http://leginfo.ca.gov/yourleg.html The following is a sample text of what you could include in your letter.
“We would like to thank you and express our enthusiastic support for introducing SB428 to amend the original Tidelands Grant to include “marine mammal park for the enjoyment and educational benefit of children. Casa Beach is a federally recognized harbor seal rookery which is beloved by locals and tourists. Primary form of recreation at Casa Beach is seal watching. Times have changed since the sea wall was built. There are many other beaches where children can swim, as well as public swimming pools. Children want to go to the beach to see the seals in their natural environment and learn about their behavior. It is adults who have spurred the controversy which has escalated since City Council declared the beach to be joint use. In a time when even underdeveloped countries are taking steps to preserve natural habitats, it is time that the State of California takes action to recognize that Casa Beach is also an area which should be preserved. Visitors from around the world come to see San Diego’s prime tourist attraction. We applaud you for introducing legislation to change the language of the 1931 land grant to reflect modern times and the need to preservenature which is disappearing before us in so many places." Thank You for Helping San Diego Seals! Be sure to include your name and address in any correspondence!! Environmental Impact Report for the dredging of the Children's Pool released A draft Environmental Impact Report for the dredging of the Children's Pool has been released for public comment. In order to comply with the 2005 Superior Court of California order to “employ all reasonable means to restore the Children’s Pool to its 191 configuration”, the proposed project aims to excavate and transfer approximately 3,000 cubic yards of beach sand from Casa Beach to South Casa Beach. An 8 feet high and 10 feet wide berm will be installed during the construction to prevent seals from hauling out on sand. The environmental report evaluates the potential negative impacts from the dredging and discusses the project’s impacts on aesthetics/neighborhood character, biological resources, historic resources, geology, human health/public safety etc. According to the report, the impact on biological resources such as terrestrial habitats, water birds and terrestrial wildlife, marine habitats including flora and fauna, spiny lobster, abalone and seals will be significant, but can be mitigated (thus having less than significant impact after mitigation) if the dredging was scheduled outside the seal pupping season December-May, spiny lobster mating season November-May and the grunion spawning season March-August. Impacts in all other areas are classified as “less than significant” or as “no impact”. The document is available at the downstairs reference desk of the La Jolla Riford Center & Jacobs Annex Library at 7555 Draper Ave, La Jolla. Comments on the report must be received by May 22 and can be e-mailed to DSDEAS@sandiego.gov. Written comments can be sent to: Allison Sherwood When you write your comments against the proposed project, please mention the Project Number 71362 in the subject line. Important court hearing On April 3rd, Bryan Pease, pro bono attorney representing La Jolla Friends of the Seals argued in front of judge Hayes in hopes of forcing the City of San Diego to obtain a permit under the Marine Mammal Protection Act before it can desperse the seals. On December 18th, 2008, U.S. District Court Judge William Hayes issued a temporary restraining order that prevented the seals from being dispersed until he ruled on the litigation. The written statement should be issued soon. http://www.signonsandiego.com/news/metro/20081023-9999-1m23seals.html Great profile of Bryan was published recently in the San Diego Union Tribune. Senator Kehoe introduces seals legislation! Senator Kehoe introduced legislation (Senate Bill 428), adding "marine mammal park" to the existing uses for Casa Beach. If the bill passes, seals will be allowed to stay at CPB. The bill is co-authored by Assembly Republican Nathan Fletcher and Assembly Democrat Lori Saldaña. http://dist39.casen.govoffice.com/ Please thank Senator Kehoe, Nathan Fletcher and Lori Saldaña for sponsoring this historical legislation and show them your support for the bill. If you know any organizations that would like to support "the seal bill"/Senate Bill 428, please ask them to write or email letter with their letterhead to Senator Kehoe: Senator Christine Kehoe California State Assembly Member Lori Saldaña City Council Votes
"Yes" in favor of the Seals. On February 17the, 2009, the San Diego City Council voted 7-1 to recommend that the state legislature overrule a state court decision forcing the city to destroy a harbor seal birthing ground. Sherri Lightner from District 1 was the lone voice on the council opposing the common sense measure that will save the city millions of dollars and preserve a popular natural attraction. First pup of the 2009 season born at Casa Beach! First pup of the 2009 season was born on February 1 at
4:45 AM. For more pup news, please go to: http://lajollaseals.com/pupnews.html Victory for the seals in federal Court! On December 18, 2008, a federal judge finally ordered San Diego city officials to install a rope barrier to help protect a colony of seals during pupping season! Bryan Pease, pro bono attorney argued before Judge Hayes in the federal courthouse Friday,December 12, that the Marine Mammal Protection Act pre-empts state law and that the City of San Diego cannot be required by a state law to destroy a federally recognized seal rookery. The rope is expected to stay at least until March 6, 2009 when the case is heard in the court (and hopefully till the end of May, 2009, the end of seal pupping season). Huge victory for our cause! ________________________________________________ Help us save the seals at Casa Beach in La Jolla! Casa Beach in La Jolla, California (a neighborhood of the city of San Diego), is the home to a rookery of harbor seals that is beloved by local children, adults, and thousands of visiting tourists. Hundreds of local businesses have stated that the presence of the seals is beneficial to the La Jolla economy, and La Jolla's own tourist brochures endorse a visit to watch the seals and their pups on the beach as a popular tourist activity. But a tiny group of people, motivated by greed and ignorance, has decided to endorse a destructive dredging of the beach, under the spurious notion that the seals "pollute" the area with their presence. This dredging would to drive the seals away permanently and would make it exclusively for human use, despite the fact that San Diego is full of other beaches for humans and Casa Beach is the only harbor seal rookery in Southern California. The Save-our-Seals Coalition, composed of animal protection and environmental groups and concerned citizens, has been fighting these efforts every step of the way. The City of San Diego tried to protect the colony by placing a rope guideline
informing the public about the safe distance from the seals. Unfortunately,
a swimmer, Valerie O’Sullivan, sued the City of San Diego (of which
La Jolla is a part) and won a ruling in 2005 from a now retired state
court judge ordering the city to dredge the sand on which the seals rest
to return it to its 1931 condition as a "bathing pool." The
judge ordered the City to remove the rope and awarded O’Sullivan’s
lawyer, Paul Kennerson, a shocking sum of 1.3 milliondollars in attorney’s
fees. The City appealed the ruling all the way up to the California Supreme Court, which declined to hear the case. Now under the direction of Superior Court Judge Yuri Hoffman, the city is being forced to spend hundreds of thousands of dollars to carry out the dredging project. The only seal rookery in Southern California south of Ventura county is at risk of being destroyed! Tuesday, October 21,Judge Hofmann took under submission a motion brought by anti-seal lawyer Paul Kennerson to require the city to immediately disperse the colony of harbor seals living at Casa Beach in La Jolla. City attorney, Mike Aguirre, showed up in person to defend the seals against proposed harassment.The city
has already installed police cameras at the beach to record any disturbances
caused by a ruling against the popular seals. A previous ruling Kennerson won required the city to dredge
the beach to return it to its 1941 configuration as an artificial “bathing
pool.” Because it will take years to obtain the state and federal
permits to do that, which may never happen, Kennerson is now arguing that
what the order really means is that the city must disperse the seals.
However, declarations filed by marine biologists and NOAA in support of
the city argue that dispersing the seals would require 24/7 harassment
and would not improve water quality. http://www.signonsandiego.com/news/metro/20081022-9999-1m22seals.html ________________________________________________ We need YOUR help in the following areas: 1. Please write to Sherri Lighter and ask her why is she the lone voice on the council opposing the common sense measure that will save the city millions of dollars and preserve a popular natural attraction. Tell her that her support for the seal dispersal plan is an insult to our community and our values:
2. Contact the California Coastal Commission and ask them to vote "NO" on the dredging of Casa Beach.Please refer to California Coastal Commission application 6-05-098 from
the City of San Diego for a Coastal Development Permit, project location:
"Children's Pool...," and project description: "The project scope is to
excavate approx. 3,000 cubic yards of sand to return the beach to the
1941 configuration..." Letters must be faxed or sent via snail-mail, not
email. 3. Be a volunteer with our SealWatch San Diego programin which people work in shifts at the beach to educate visitors about avoiding seal harassment, and advise them to view the seals from a respectful distance. If you would like to participate in this program, please contact Dorota Valli at Dorota@APRL.org 4. And last, but never least, we need MONEY! Funds are needed to keep our campaign in the public eye, hire beach
security, support our media ads and printed materials as well as cover
the costs of litigation. Please donate to the Seals Fund in care of: Other ways to help:
Animal Protection and Rescue Leauge || Contact us at Dorota@APRL.org | ![]() | ||||||||