COASTAL COMMISSION – August 14, 2014 THE CHILDREN’S POOL WAS CREATED FOR CHILDREN

THE COMMISSIONS CHARGE THE CHILDREN’S IS FOR CHILDREN The Legislature further finds and declares that the basic goals of the state for the coastal zone are to: (c) Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resources conservation principles and constitutionally protected rights....

S ECTION THE CITY ’ S ARGUMENT Marine resources shall be maintained, enhanced, and where feasible, restored. Special protection shall be given to areas and species of special biological or economic significance. Uses of the marine environment shall be carried out in a manner that will sustain the biological productivity of coastal waters and that will maintain healthy populations of all species of marine organisms adequate for long-term commercial, recreational, scientific, and educational purposes. THE CHILDREN’S IS FOR CHILDREN

Slide 1; Special protection shall he given to areas and species of special biological significance In 1999, James Lecky, Assistant Regional Administrator for Protected Resources, National Marine Fisheries Service, wrote Terry Williams at the City: “seals at the CP are becoming health and safety hazards and can be removed under MMPA 109(h)” In September 2004, Mr. Lecky gave testimony before San Diego City Council “ The Children’s Pool harbor seals are not necessary for maintaining a healthy seal population” On 2 January 2014 Mr. Chris Yates, Lecky’s replacement at NMFS in an open letter to the San Diego’s Mayor and City Council members “[we] do not believe that complete closure of Children’s Pool Beach is necessary to protect the harbor seals from violations of the MMPA” THE CHILDREN’S POOL WAS CREATED FOR CHILDREN A RE CHILDREN ’ S POOL SEALS “ SPECIAL ”?

Slide 2. Special protection shall he given to areas and species of special biological significance In 2013 Dr. Doyle Hanan wrote the Incidental Harassment permit for the city and stated…...”seals utilizing this beach are a small portion of the California seal stock and any impacts here would have little effects on the harbor seal population as a whole” In 2013 Dr. Doyle Hanan wrote the Incidental Harassment permit for the city and stated…...”seals utilizing this beach are a small portion of the California seal stock and any impacts here would have little effects on the harbor seal population as a whole” On 27 June 2014 Dr. John Dixon, CCC staff Ecologist in a memo wrote “…there are unlikely to be population consequences regardless of what actions are taken at the Children’s Pool...” THE CHILDREN’S IS FOR CHILDREN

IS THE CHILDREN’S POOL ECOLOGY SPECIAL? In 2012 the State of California expanded Marine Protected Areas based on the ecological importance of specific regions. The original MPA in La Jolla has existed for several decades and covered an area from the SIO pier to the Cove. The 2012 MPA doubled the SIO- Matlahuayl MPA in size, but excluded the Children’s Pool located only 2,000 feet to the West. Ecologically speaking, the CDF&G did not view the CP as being important enough to include in an MPA THE CHILDREN’S IS FOR CHILDREN

A RE THE SEALS ECONOMICALLY IMPORTANT ? CALIFORNIA COASTAL ACT, Section states  Special protection shall he given to areas... of special...economic significance …. Congressman Scott Peters polled La Jolla business owners: do harbor seals at the CP pool increase your business: 91% said “NO” Promote La Jolla, an association of 1,200 business owners, wrote that there was no measureable financial benefit of having harbor seals at the CP… some visitors even expressed displeasure at not being able to swim at the CP All City recognized La Jolla organizations have voted against CP closure for the last decade THE CHILDREN’S POOL WAS CREATED FOR CHILDREN

COASTAL COMMISSION CONUNDRUM MMPA Section 109(a) Prevents a state from enforcing protective provisions of the MMPA unless authorized to do so by the Secretary of Commerce. California is NOT so authorized. The following, then, are illegal acts under section 109(a) of the MMPA Change the La Jolla Community Plan to prevent access to the CP to protect harbor seals ( Shoreline Areas and Coastal Bluffs) [limit] beach access.. at Children’s Pool Beach… during the harbor seal pupping season …. Change City of San Diego Municipal Code (section (e)(2) to protect harbor seals.by adding It is unlawful for any person to be upon or cause any person to be upon the beach of the La Jolla Children’s Pool, … from December 15 to May 15. THE CHILDREN’S POOL WAS CREATED FOR CHILDREN

MORAL R EASONS TO M AINTAIN B EACH A CCESS It is a policy contradiction for the City to severely restrict access to the Children’s Pool to protect harbor seals and encourage people to ‘take’ sea lions at and around the La Jolla Cove. The City is cherry picking portions of the law they wish to enforce.. The La Jolla Cove and the Children’s Pool are 2000 feet apart. THE CHILDREN’S POOL WAS CREATED FOR CHILDREN La Jolla Cove Children’s Pool New Gate Above La Jolla Cove