Archive for the ‘Ocean Conservancy’ Category

DAN BACHER, IndyBay.org, September 1, 2010

In a great show of unity between Tribal members, recreational anglers, commercial fishermen and environmentalists, the 33 members of the Regional Stakeholder Group for Governor Arnold Schwarzenegger’s Marine Life Protection Act (MLPA) Initiative on August 31 adopted one unified proposal for marine protected areas (MPAs) stretching from Point Arena in Mendocino County to the Oregon border.

The North Coast stakeholders were the first ever to develop a single consensus proposal under the controversial, privately funded process. In the Central Coast, North Central Coast and South Coast regions, environmental NGOs and fishing groups supported separate proposals.

The proposal will be submitted to the MLPA Blue Ribbon Task Force for review at before their October 25-27 meeting at the Fortuna River Lodge. The final proposal will then go to the Fish and Game Commission for final approval at their meeting in Sacramento in December.

“Everyone talked about a unified community proposal at the beginning of the MLPA process, but I wasn’t expecting to pull it off,” said Adam Wagschal, Humboldt Bay Harbor, Recreational and Conservation District Conservation Director, in a news release from Cal Oceans, a coalition of three environmental NGOs. “Sure enough though, everyone came together and we did it. It’s a great accomplishment.”

Tribal representatives also applauded the adoption of a unified proposal that allows for traditional tribal fishing and gathering rights. The stakeholders meeting was preceded by a historic protest in Fort Bragg on July 21 where over 300 Tribal members from 50 Indian nations, recreational anglers, commercial fishermen, immigrant seafood industry workers and environmentalists peacefully took over an MLPA Blue Ribbon Task Force meeting in defense of tribal fishing and gathering rights.

“There was significant progress by the stakeholders in coming together to create a unified proposal that protects tribal rights,” said Megan Rocha, Acting Self-Governance Officer of the Yurok Tribe. “The stakeholders did the best they could in respecting tribal gathering and fishing rights. Now this issue will go to the state of California and tribes to work it out at the next level.”

Rocha emphasized that every MPA proposal includes language to allow continued tribal uses in marine protected areas. In certain areas, the stakeholders also included language allowing for co-management between the tribes and the state.

Over the past few months, the initial set of MPA eight proposals was whittled down to four. The Regional Stakeholder Group (RSG), including Tribal leaders, recreational anglers, commercial fishermen, harbormasters, divers, seaweed harvesters, business leaders and conservation representatives found enough common ground to develop one final proposal.

“The stakeholders took a strong position affirming tribal rights,” said Rocha. “It was unbelievable how committed the stakeholders were to making sure that tribal rights were respected. All of the tribes really appreciated that support.”

The proposal will result in about 13% of the North Coast region being restricted or closed to fishing and gathering, versus 16-20% in other regions of the state.

Representatives of conservation groups applauded the effort, despite some concerns that the plan may not fully meet the scientific guidelines laid out for the MLPA process.

“Everyone made sacrifices to get to this point,” said Jennifer Savage, Ocean Conservancy’s North Coast Program Coordinator. “We started out with a number of significant differences regarding needs and desires, but ultimately our respect for each other and willingness to work together enabled us to develop a plan we can all send forward.”’

The plan includes three “State Marine Reserves,” zones completely closed to all fishing, just south of Cape Mendocino, about a mile offshore of the Mattole River and along an area west of Petrolia. Another MPA along Samoa allows for Dungeness crab, chinook salmon and smelt fishing. The MPAs include two areas to the south of Redding Rock, one allowing fishing and the other a no-take zone.

Recreational and commercial fishermen also praised the development of a single proposal.

“I’m happy that we came up with a single proposal,” Tim Klassen, captain of the Reel Steel charter boat out of Humboldt Bay, told the Eureka Times Standard on August 31, “and hopefully we’ll keep our fate in our own hands.”

Despite the adoption of a unified proposal for the North Coast, significant concerns about the overall MLPA process remain.

Fishermen, Tribal members and environmentalists are concerned that the MLPA process under Schwarzenegger has taken oil drilling, water pollution, wave energy development, habitat destruction and other human uses of the ocean other than fishing and gathering off the table. The MLPA would do nothing to stop another Exxon Valdez or Deepwater Horizon oil disaster from devastating the California coast.

MLPA critics have also blasted the Governor for appointing an oil industry lobbyist, a marina developer, a real estate executive and people with conflicts of interest on the Blue Ribbon Task Forces that develop the marine reserves.

Many are puzzled whey Catherine Reheis-Boyd, the president of the Western States Petroleum Association, is allowed to make decisions as the chair of the BRTF for the South Coast and as a member of the BRTF for the North Coast, panels that are supposedly designed to “protect” the ocean, when she has called for new oil drilling off the California coast.

Many fishermen and environmentalists are also concerned that a private corporation, the Resources Legacy Fund Foundation, is privatizing ocean resource management in California through a Memorandum of Understanding (MOU) with the DFG.

Nonetheless, the development of a unified marine protected area (MLPA) proposal on the North Coast is a great victory for fishermen, Tribes, seaweed harvesters, environmentalists and other stakeholders in the MLPA process. Rather than being “divided and conquered” by the Schwarzenegger administration as has happened elsewhere in the MLPA study regions, they chose to work together and overcome their differences to develop a consensus proposal.


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SETH SHULMAN for Grist, part of the Guardian U.K., August 23, 2010

The ocean has been our savior.

Besides generating about two thirds of the oxygen we breathe, oceangoing phytoplankton — those floating microscopic plants that form the base of the aquatic food chain — absorb about a third of all the carbon dioxide we pump into the atmosphere. In this way, the oceans have managed to slow the buildup of heat-trapping greenhouse gases and stave off even more dramatic warming of the planet.

But John Guinotte and colleagues are discovering that the critical role of “carbon sink” comes at a potentially devastating cost for the world’s oceans: acidification.

Guinotte is a coral specialist at the Marine Conservation Biology Institute in Bellevue, Wash. The changes he sees in ocean chemistry spell trouble for the coral that he studies closely. If the acidification process continues on its current trajectory, it poses a dire threat to the whole marine ecosystem.

“What I’m really concerned about with ocean acidification is that we are facing the prospect of a crash in marine food webs.” says Guinotte. “There is no question that many of my colleagues in marine science are scared about what is happening. We know we need a more precise understanding of the changes and biological responses now under way — and we need it as quickly as possible, before it is too late to turn things around.”

Guinotte has dedicated his life to the study of coral, especially the less well understood deep-sea varieties. Growing up in rural Kansas, his only exposure to corals was through the pages of National Geographic. But that changed when he learned to scuba dive at his grandfather’s winter home in the Florida Keys. The experience, plus his interest in biology and geography, led him to Australia, where he earned his Ph.D.

Guinotte still remembers the thrill of exploring Australia’s Great Barrier Reef for the first time. “I was absolutely blown away by the abundance and diversity of coral,” he recalls. At that time, back in the late-1990s, scientists were increasingly concerned about coral bleaching caused by environmental stresses such as warming ocean temperatures. Those threats remain, Guinotte says, but ocean acidification may be an even more serious and intractable problem.

On the macro scale, Guinotte explains, the chemistry of ocean acidification is relatively clear. Based on some 25 years’ worth of measurements scientists know that oceans absorb about 22 million tons of carbon dioxide every day. The oceans are vast. But even so, the absorption of CO2 is now occurring at such an unprecedented rate that ocean chemistry is approaching a state not seen in many millions of years. Guinotte fears that many marine species might be unable to adapt quickly enough to survive these dramatic changes.

As carbon dioxide is absorbed by seawater, hydrogen ions are released. This lower the pH, making the water more acidic. Measurements indicate that Earth’s oceans are already about 30 percent more acidic than they were before the industrial revolution. As the number of hydrogen ions has risen, the number of carbonate ions available in seawater has gone down. This carbonate deficit makes life more difficult for the “marine calcifiers,” species such as coral and shellfish that use carbonate to build their skeletons and protective shells.

“Ocean water becomes increasingly corrosive to calcium carbonate,” says Guinotte. “A reduction in carbonate ions not only impedes corals’ ability to build their skeletons, but once the calcium carbonate drops below critical levels, the ocean erodes the framework they have built up previously — the reefs upon which corals live.” Even if select coral species can survive ocean acidification, Guinotte says, when the coral reefs begin to dissolve, the effects on the entire marine ecosystem are likely to be devastating.

Scientists know from the fossil record that reefs which sustained damage from high atmospheric concentrations of CO2 in the geologic past took millions of years to recover. “Given that we need to think in human time scales, it means we’re playing for keeps here,” says Guinotte. “To me, it sometimes seems like a school bus full of children heading for a cliff. Somehow we have to slow it down enough to find some real solutions.”

Because of the very clear potential for ocean acidification to effect everything from the tiniest oxygen-providing phytoplankton to the larger fish that feed in the coral reefs — or, as Guinotte has written, “from the shallowest waters to the darkest depths of the deep sea” — the threat to humankind is immense.

To figure out precisely how much acidification many varieties of coral can tolerate, and what we can do to preserve the health of the marine ecosystem, Guinotte argues for a coordinated research effort that tackles every aspect of the problem. That includes better monitoring of ocean carbon; closer tracking of calcifying organisms and more laboratory and field studies of their physiological responses to increasingly acidicity; and more detailed studies that model the threat to the marine ecosystem as a whole. Some of this work is under way, but too much of it has been conducted in piecemeal fashion. Only a more intensive, coordinated effort, says Guinotte, can provide the detail necessary for policymakers to develop strategies that protect critical species, habitats, and ecosystems.

“From the standpoint of the oceans,” Guinotte says, “there is no escaping the fact that we are going to need major reductions in our CO2 emissions — something like 80 to 90 percent. When we see governments arguing about reductions of 10 to 15 percent, I think all of us in the marine science community need to say that CO2 reductions of this scale are simply not going to be sufficient. We have to get off fossil fuels.”

The fossil record shows that high CO2 concentrations have likely played a big role in mass extinctions of marine life in the past. “If marine systems start to crash, it may well be too late to stop the train,” says Guinotte. “Governments are likely to panic and make irrational decisions; international tensions could certainly heat up. These are the kinds of things that keep me awake at night. I continue to hope we can get it turned around. But it will take political will, and so far, that has been in short supply.”

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JULIETTE JOWIT, Guardian UK, July 28, 2010

Phytoplankton might be too small to see with the naked eye, but they are the foundations of the ocean food chain, ultimately capturing the energy that sustains the seas’ great beasts such as whales.

A new study though has raised the alarm about fundamental changes to life underwater. It warns that populations of these microscopic organisms have plummeted in the last century, and the rate of loss has increased in recent years.

The reduction – averaging about 1% per year – is related to increasing sea surface temperatures, says the paper, published tomorrow in the journal Nature.

The decline of these tiny plankton will have impacted nearly all sea creatures and will also have affected fish stocks.

Phytoplankton provide food – by capturing energy from the sun – and recycle nutrients, and because they account for approximately half of all organic matter on earth they are hugely important as a means of absorbing carbon.

“This decline will need to be considered in future studies of marine ecosystems, geochemical cycling, ocean circulation and fisheries,” add the paper’s authors, from Dalhousie university in Nova Scotia, Canada.

The researchers looked at measurements of ocean transparency and tested for concentrations of chlorophyll, which gives large numbers of phytoplankton a distinctive green sheen. They said that although there were variations in some areas due to regional climate and coastal run-off, the long-term global decline was “unequivocal”.

The Nature article comes as climate scientists published what they said today was the “best ever” collection of evidence for global warming, including temperature over land, at sea and in the higher atmosphere, along with records of humidity, sea-level rise, and melting ice.

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Dan Bacher, July 24, 2010

In a historic protest on July 21, members of dozens of California Indian Tribes and their allies marched through the streets of downtown Fort Bragg protesting the violation of indigenous fishing and gathering rights under Governor Arnold Schwarzenegger’s Marine Life Protection Act (MLPA) Initiative.

“This is the biggest protest on any issue held on the North Coast since the Redwood Summer of 1990,” said Dan Hamburg, former North Coast Congressman and a current Green Party candidate for Mendocino County Supervisor, as he marched beside me on the way to the MLPA Blue Ribbon Task Force meeting in Fort Bragg.

Members of the Yurok, Tolowa, Cahto, Kashia Pomo, Karuk, Hoopa Valley, Maidu, Hopi, Navajo and other tribes and the Noyo Indian Community shouted “M.L.P.A. – Taking Tribal Rights Away” and other chants as they marched. Recreational anglers, commercial fishermen, seaweed harvesters, environmentalists, sea urchin divers and seafood industry workers walked side by side with tribal members in a show of solidarity.

Alongside tribal flags, participants hoisted banners with slogans including “Keep Away MLPA,” “Native Conservation, Not Naive Conservation,” “No MLPA,” “ MLPA=Big Oil,” and “RLF – What Are You Funding.”

The group peacefully took control of the task force meeting in a great example of non-violent direct action. After rallying at Oak and Main Street, over 300 people walked a half-mile to the C.V. Star Community Center. Just before heading into the meeting, tribal community members standing twenty deep chanted, “No Way M.L.P.A.!” to the MLPA Blue Ribbon Task Force (BRTF) members convened inside.

“Our message was clear: the state will no longer impose its will on indigenous people,” said Frankie Joe Myers, organizer for the Coastal Justice Coalition and a Yurok Tribal ceremonial leader. “This is about more than a fouled-up process that attempts to prohibit tribes from doing something they have done sustainably for thousands of years. It is about respect, acknowledgement and recognition of indigenous peoples’ rights!”

Before the group began their march, they spent an hour holding signs and chanting on the corner of Oak and Main Streets as driver after driver honked their horns in support.

“The outpouring of support from the Fort Bragg community was amazing,” said Jim Martin, West Coast Director of the Recreational Fishing Alliance. “It was clear that the majority of people supported our protest. Some people were driving around several times so they could honk in support again.”

After the protesters entered the meeting, tribal elders, including Walt Lara of the Yurok Tribe, said they would continue to do what they have done for centuries – harvest seaweed, mussels and fish.

“We’ve managed the ocean in sustainable way for thousands of years,” Lara stated. “We only take what we need so that nobody should be hungry. You take our water, you take our land and now your are going to take our appetite.”

Thomas O’Rourke, the chair of the Yurok Tribal Council, said, “We as an Indian Nation have the right to manage our resources. The people who have managed for the last 200 years haven’t done so well in managing the land and our coast.”

“It is wise to listen to the people who managed these lands for thousands of years,” he continued. “We believe in protecting species. We will continue to exercise our right to harvest seaweed and fish as we always have. You have to take us to jail until you go broke and you fix this law.”

The Yurok Tribe has a representative, Megan Rocha, on the MLPA’s Regional Stakeholder group. However, O’Rourke said the MLPA process has viewed tribes exactly the same as recreational fishermen, even though tribes are sovereign nations.

“There is nothing more offensive than the lack of recognition we have received from the Initiative,” he stated. “We are a sovereign government within the State of California and should be treated accordingly. We would like the Blue Ribbon Task Force to do what is morally right and remove tribes from this inappropriate process.”

Jimbo Simmons, a Choctaw Tribe member and a leader of the American Indian Movement, emphasized that numerous laws, including the American Indian Religious Freedom Act and the UN Declaration of Human Rights, affirm the right of indigenous people to conduct their traditional religious ceremonies including traditional ocean food gathering. “Food is a human right,” he stated.

“Our tribal rights are not negotiable,” Dania Colegrove, Hoopa Valley Tribe member and a member of the Coastal Justice Coalition, told the task force. “Get used to it!”

Some Tribal members and fishermen at the protest questioned the task force’s real motives in kicking indigenous people and other fishermen off the ocean.

Susan Burdick, Yurok Elder, pointedly told the Blue Ribbon Task Force that “You are like the Ku Klux Klan – without the hoods! We’re not going to stop what we have doing for generations. We have young people here, old people here and we will march everywhere you go.”

“What is your real purpose: to start drilling for oil off our coastline?” she asked. “Be honest with us!”

Burdick’s concerns over the push by the oil industry and others to industrialize the California coast were echoed by environmentalists including Judith Vidaver, Chair of Ocean Protection Coalition (OPC).

“For over 25 years OPC, with our fisher and seaweed harvester allies, has protected our ocean from threats such as aquaculture projects, nuclear waste dumping, offshore oil development and recently, wave power plants,” Vidaver stated. “We are requesting that final Marine Protected Area (MPA) designations include language prohibiting these industrial-scale commercial activities.”

She also shocked the panel by asking that task force member Catherine Reheis-Boyd voluntarily step down from her position on the BRTF.

“Oil and water do not mix—as we are being reminded daily by the disaster spewing in the Gulf,” she stated. “Mrs. Reheis-Boyd’s position as President of the Western States Petroleum Association and her lobbying efforts to expand offshore oil drilling off the coast of California are a patent conflict of interest for which she should recuse herself from the BRTF proceedings which are ostensibly meant to protect the marine ecosystem.”

Meg Caldwell, a BRTF member, responded to Vidaver’s request in defense of Reheis-Boyd.

“I am a died-in-the-wool environmentalist and I have worked for the past year with Reheis-Boyd. Not once has she demonstrated any bias for any industrial sector on the Task Force,” she stated.

The overwhelming majority of people making public comments criticized the MLPA process for any array of reasons.

However, Karen Garrison, policy analyst for NRDC, affirmed her support for the MLPA Initative. She said that her organization “is committed to creating an effective marine protected area network that also supports continued noncommercial traditional Tribal uses.”

“The Kashia Pomo regulation shows it’s possible to do both, at least under some circumstances, and shows the flexibility of the MLPA to accommodate Tribal uses,” Garrison stated. “We also support the Tribe’s proposal to separately identify noncommercial traditional Tribal uses in any regulation that allows both Tribal and recreational uses.”

The MLPA, a landmark law signed by Governor Gray Davis in 1999, calls for the creation of marine reserves with varying levels of protection from one end of the state to the other.

Many fishermen, environmentalists and Tribal members have blasted Schwarzenegger’s MLPA Initiative, privately funded by the Resources Legacy Fund Foundation, for taking water pollution, oil drilling and all other human uses of the ocean other than fishing and gathering off the table while denying Tribes their fundamental rights.

“Whether it is their intention or not, what the Marine Life Protection Act does to tribes is systematically decimate our ability to be who we are,” Myers said. “That is the definition of cultural genocide.”

“The MLPA process completely disregards tribal gathering rights and only permits discussion of commercial and recreational harvest,” Myers concluded. “The whole process is inherently flawed by institutionalized racism. It doesn’t recognize Tribes as political entities, or Tribal biologists as legitimate scientists.”

“The protest surpassed my wildest dreams,” said Mike Carpenter, a sea urchin diver and local protest organizer. “I’m glad that tribal members, fishermen, Latino sea urchin industry workers and local environmentalists all banded together to keep our communities from being robbed by outside interests and big corporate money.”

The latest action was preceded on June 29 by a protest during which a group of 40 Tribal members and their supporters interrupted the MLPA Science Advisory Team meeting in Eureka. Members of the Coastal Justice Coalition during both protests emphasized that there is no scientific data that says tribal gathering has any negative impact on the coastal ecosystem and the Act does nothing to stop pollution and off-shore drilling — the real threats to the ocean ecosystem.

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FRANK HARTZELL, Fort Bragg Advocate News, June 11, 2010

Rising acidity of ocean waters will wipe out the world’s coral reefs and could devastate crab, scallops and other creatures that build shells from calcium compounds in ocean waters, a top professor told a Fort Bragg audience last Friday.

San Francisco State Professor Jonathon Stillman presented figures that showed the pH balance of ocean waters has tilted toward acid in the past 20 years. That’s nearly as much as it did in the previous 200 years, which were themselves a steady but slow increase over historical levels.

The bad news could be good news for Fort Bragg’s efforts to launch a marine science study center. Millions in study funding has already been pledged by various organizations to monitor new Marine Life Protected Areas. Ocean acidification and upwelling present further tasks critical to the planet’s future that a local marine study center could help with, locals said.

The Marine Life Protection Act Initiative is a public-private effort to create a connected array of new areas of the ocean where fishing uses are prohibited or restricted. The MLPAI is a private organization authorized by the state and funded by the Resources Legacy Foundation Fund to gather public input and create the proposed maps of closed areas.

Stillman presented preliminary experimental data that showed disturbing changes to mollusks, crustaceans and even fish, including decreasing shell-building and creature size.

Rising proof about the impacts of global climate change and acidification show that coral reefs will actually be melted in this century if current rates of acidification continue.

Perhaps most distressing to the crowd of about 40 people was that the life-giving upwelling off the Mendocino Coast actually adds to acidification by bringing up more acidic deep waters.

The more upwelling, the more acidic waters become.

Ocean acidification is caused by atmospheric carbon dissolving in the oceans. Ocean acidity has been rising since the beginning of the industrial revolution, as factories, cars and even cows have pumped out increasing amounts of carbon dioxide. About 30% of carbon released into the atmosphere ends up in the oceans.

Stillman was both harried and delighted by the steady barrage of questions from the audience. Many were complex and scientific in nature such as queries from geologist Skip Wollenberg and seaweed harvester Tomas DiFiore.

Everybody seemed to have a question and got an answer from the professor:

  • Do rising salinity levels contribute? Answer: No and icecap melting means salinity is actually going down.
  • What about studying the winds that drive upwelling? Answer: Important question but too tangential.

Wollenberg wanted to know if the fossil record provided any warnings of what happens when oceans get more acid. Stillman said it does, but wanted time to share important recent studies on that subject before answering, and he ran out of time, due to all the questions and discussion.

The Marine Life Protection Act Initiative never came up, although, it has greatly raised local interest (and controversy) in ocean issues and local participation in solving problems with the oceans.

The talk was sponsored by COMPASS (Communication Partnership for Science and the Sea) and OST (Ocean Science Trust). COMPASS seeks to help scientists like Stillman step outside the ivory tower and communicate complex topics to the general public.

“They are an effort to provide relevant science talks to our communities — which is such a treat,” said Jeanine Pfeiffer, a locally-based college science teacher who is also outreach coordinator for MLPAI. “I personally am thrilled to have free access to the types of seminars I used to be able to see on a weekly basis at UC Davis, but are so rare here on the coast, due to our remote location.”

Stillman provided no solutions, with his handout stating that reduced carbon output is the only solution to ocean acidification (as well as rising sea levels).

More scientific study of the oceans — like that locals hope to create with a science center on the former Georgia Pacific mill site — is critical to the survival of the planet, Stillman said.

“At present we cannot adequately predict how marine ecosystems as a whole will respond to ocean acidification and our ability to deal with (acidification) depends on how well we can predict its effects,” Stillman’s handout states.

State efforts to stem global climate change and prepare for rising sea levels were explained to the crowd by Sheila Semans, project specialist with the California Ocean Protection Council, the state agency that oversees the oceans.

She explained the sweeping Global Warming Solutions Act signed by Gov. Arnold Schwarzenegger in 2006 that targets emission reductions to 1990 levels by 2020.

Among important specific actions she cited was the acquisition of Bay Area wetlands, mostly from the Cargill Corporation, another public-privatized effort (like MLPAI) financed by the Resources Legacy Foundation.

Unlike Georgia Pacific at the mill site, Cargill was allowed to convey tens of thousands of acres to the state before cleaning up toxic effects of generations of salt mining.

This reporter, accompanied by dissident Bay Area local environmentalists and Department of Fish and Game employees, toured miles of these former salt marshes, which support little life in many places. The state has little funding for a cleanup that could cost a billion.

Local critics of the acquisition process for the salt marshes (such as refuge friends organizations) say they were unable to influence the centralized marketing and acquisition process. After the massive land tracts were acquired amid much fanfare, problems with the amount paid and the extent of the cleanup needed emerged, as local critics had predicted.

The MLPAI effort pledges better follow up study, but many locals remain skeptical that study dollars or efforts will involve locals and those with hands-on familiarity with the local ocean.

– For an overview of climate change: http://www.epa.gov/climatechange/

– California Climate Change portal: http://www.climatechange.ca.gov/

The site with videos addressing rising sea levels (and other topics): http://www.climatechange.ca.gov/visualization/index.html

– Cargill acquisition: http://baynature.org/articles/jul-sep-2007/highway-to-the-flyway/napa-sonoma-marshes

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AMBROSIA SARABIA with edits, theLog.com, June 10, 2010

In May 2010, a reporter that was attempting to videotape proceedings was forcibly removed from a Marine Life Protection Act (MLPA) North Coast Regional Stakeholder Group work session. MLPA staff then reversed their ban on videotaping and audio recording at future sessions. However, the move has not eased tensions between those tied to the planning process for new Marine Protected Areas off the California coast (where fishing will be off limits) and sport anglers who advocate retaining open fishing areas.

On May 28, United Anglers of Southern California (UASC) and the Partnership for Sustainable Oceans, who have opposed the direction MLPA’s appointed Blue Ribbon Task Force appears to be heading, filed a suit against the task force and the MLPA Science Advisory Team, claiming they have violated the California Records Act.

“It has become more and more evident that the MLPA process is being steered off course by special interests — and political motivations — with dangerous potential for restricting many popular areas enjoyed by fishermen and other outdoor enthusiasts,” said UASC president Steven Fukuto, in a prepared statement.

The law firm of Allen, Matkins, Leck, Gamble, Mallory & Natis LLP, acting on behalf of the UASC and petitioner Robert Fletcher, filed suit at the Sacramento County Courthouse as the first step of a multistage litigation process, according to Fukuto. The filing is the first step in what he expects to be an ongoing, thorough examination of the “flawed process.”

“Our legal team has identified several potential causes for action, and we will aggressively pursue any and all legal avenues to protect recreational access for fishermen, and all Californians,” Fukuto added.

According to the UASC, the suit is tied to the Blue Ribbon Task Force’s and Science Advisory Team’s failure to respond to requests made by Fletcher for documents and records relevant to the MLPA implementation process. The verified petition for writ of mandate and complaint seeks declaratory and injunctive relief.

Under the California Public Records Act, the public has the right of access to information that is in the possession of state and local agencies. By law, public records are open to inspection at all times during office hours of state or local agencies, except for those that are exempt from disclosure by express provisions of the law.

Transparent Process?

California’s Bagley-Keene Open Meeting Act of 1967 requires that “meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny” and requires open meetings for all California state agencies, boards and commissions. Its purpose is to mandate accountability and transparency of government activities and to protect the rights of citizens to participate in state government.

However, MLPA’s staff has long stated that its work sessions do not qualify as “public meetings,” as the MLPA initiative process is privately funded through a unique public-private partnership.

When a Fort Bragg journalist was forcibly removed from a North Coast Regional Stakeholder Group work session after refusing to stop videotaping, claiming California’s open meetings laws gave him the right to cover the event, there was public uproar — and a protest from United Anglers of Southern California.

According to MLPA staff, members of the media and the public were permitted to attend work sessions but were not permitted to make comments, take photos or make recordings of any kind. The rule was put into place to create a “safe space” for individuals to speak openly and toss out ideas, according to staff.

In May, the rule was revisited and redefined to allow videotaping and audio recording by the public and members of the media, after MLPA staff members determine that the ban “was not reflective of the process.”

“We always err on the side of being open and transparent,” said Ken Wiseman, executive director of the MLPA Initiative. He said the sessions do not fall under Bagley-Keene, since there is not a quorum. “It is important that people not be given this idea that we are somehow restricting access, or that it is not open and transparent.”

The change in policy has not changed UASC’s mind about the openness of the process. The organization has cited various instances where decisions were made during Science Advisory Team meetings.

One occurred in 2009 when “persistent kelp” was mentioned — a subject that UASC said no one but perhaps team members understood. The classification of “persistent kelp” reduced the amount of kelp used in scientific guidelines that the Science Advisory Team uses to evaluate habitat replication. At the time, stakeholder groups were not provided enough time to fully understand what it meant or how it applied, according to UASC.

“The Blue Ribbon Task Force said they would operate the process in the spirit of Bagley-Keene, and we feel they have not lived up to that spirit,” Fukuto said. “We feel that decisions have been made in private.”

Others argue that the process is anything but open. Months of planning and revising Option 2, an alternative for the South Coast Region that would implement the fewest fishing closures, were wasted, many participants in the process said, when the Blue Ribbon Task Force threw out the options recommended by stakeholders and instead developed its own preferred plan — the IPA. If approved, the plan will close approximately 400 square miles of ocean off the Southern California coast to fishing.

However, Wiseman argues that anglers’ time was not wasted and their input was not thrown out. The resulting plan created by the Blue Ribbon Task Force was a blend of all three stakeholder proposals, Wiseman said.

“For sportfishing associations to say their ideas were ignored is ludicrous,” he said. “Their ideas are incorporated into the preferred alternative that is in front of the commission.”

He added, “They did not get everything they wanted, but nobody did.”

Greg Schem, who served as a member of the South Coast Region Blue Ribbon Task Force and currently sits on the Blue Ribbon Task Force for the North Coast Region, said the process invites everyone to the table. Every proposal made by varied interested groups, information provided by the Science Advisory Team and the Blue Ribbon Task Force is open to public comment.

Schem said he is an angler who joined the process two years ago, so he understands where other anglers are coming from — but he said he also understands that fishing closures are necessary as marine resources continue to degrade.

“I don’t like closures either, but I recognize this is a necessity,” said Schem, president and chief executive officer of Harbor Real Estate Group, a firm specializing in marina and waterfront real estate investments — including a marina, fuel dock and boat- yard in Marina del Rey.

“It is not a question of how do we not close anything, but a question of how do we close areas while still preserving adequate areas for consumptive users, and provide protected areas that will allow this network of MLPAs to operate as scientists anticipated,” Schem said.

Closing specific fishing areas was especially difficult since everyone has a favorite spot, Schem said. These emotional ties made it difficult for many to compromise on closures, he added.

“Not everybody is going to be happy,” Schem said. “Everybody is going to give a little bit, and that’s how you come up with a compromise.”

The Fish and Game Commission will vote on the plan for Southern California’s MLPA closure areas this summer and plans to finalize and implement new Marine Protected Areas by the end of the year. The study region includes the area extending from Point Conception to the California/Mexico border.

The North Coast Regional Stakeholder Group is in the early stages of drafting alternatives for establishing Marine Protected Areas in Northern California. The group will work with the Blue Ribbon Task Force, the Science Advisory Team and staff to evaluate existing Marine Protected Areas within the North Coast study region. The study region extends from the California/Oregon border to Alder Creek in Mendocino County.

The planning process is expected to be completed in December 2010.

For more information on MLPAs, visit dfg.ca.gov.

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JENNIFER DART, Westerly News, June 3, 2010

Several groups working on wave energy on the British Columbia coast gathered in Ucluelet this week to discuss developments in the industry and update local projects.

Representatives from the non-profit Ocean Renewable Energy Group (OREG) chaired the community open house, held June 1 at the Ucluelet Community Centre.

Also in attendance were academics, developers, and representatives from all levels of government, including the Yuu-cluth-aht First Nation and the District of Ucluelet.

OREG executive director Chris Campbell said developing the technology to harness energy from the ocean is a “long, slow process,” but Canadian companies are active internationally, “so it’s gradually becoming more and more real.”

The Ucluelet/Tofino area has long been considered an ideal site for an ocean renewable energy project given its coastal location and proximity to the BC Hydro grid.

“Ocean renewable energy is something that’s been making rattling noises for quite a few years in our area,” said Ucluelet mayor Eric Russcher. “It would be a new and different world we live in but an exciting prospect for us all.”

According to information from OREG, preliminary studies indicate the wave energy potential off Canada’s Pacific Coast is equal to approximately half of Canada’s electricity consumption.

There seems to be a new energy behind wave power in recent months, given in part to new advances in technology, and also specifically in B.C. because of the Liberal government’s Clean Energy Act, which has been tabled in the legislature but has yet to be passed.

Jeff Turner from the Ministry of Energy, Mines and Petroleum Resources said the Act is meant to achieve energy efficiency while maintaining low rates, generate employment in the clean energy sector, and reduce greenhouse gas emissions.

While critics of the Act say it gives the province oversight on major projects like the Site C dam on the Peace River and could be mean higher hydro rates, the announcement has helped kick start development in areas like wave energy, where researchers are currently focused on pinpointing potential outputs.

Two wave energy projects are in development on the West Coast; one for the waters off Ucluelet and one in close proximity to the Hesquiaht communities at Hesquiaht Harbour and Hot Springs Cove.

John Gunton of SyncWave Systems Inc. presented his company’s plan for the SyncWave Power Resonator, a buoy class device that would be slack moored in depths of up to 200 metres. Simply put, this device captures energy from the upward and downward motion of the wave. Gunton said the company has provincial and federal funding, but is looking for a $3 million investment to complete its first two phases of development for placement near Hesquiaht Point.

A test resonator placed eight kilometres off Ucluelet in 40 metres of waters in December was collecting data for a period of about one month until a mast on it was destroyed. It was repaired, upgraded and redeployed in late April and a website will be set up by a group called the West Coast Wave Collaboration that is comprised of academics and industry representatives to transmit power data. Local partners in this project include the Ucluth Development Corporation, the District of Ucluelet and Black Rock Resort.

The other technology is a near shore device, placed in depths of 35 to 50 metres. The CETO device is owned by Carnegie Wave Energy of Australia, and was presented by David King at the open house. Seven metre cylinders capture wave energy and pump it to an onshore turbine. A government grant will also assist in the development of this technology.

But Jessica McIvoy of OREG said there are many questions left to be answered including what are the impacts on the ocean environment and sea life of such devices, and in turn how will the devices last in the ocean?

Campbell said an adaptive management approach to the technology seems like the best option to proceed with preliminary work, taking into account “critical indicators” in the natural environment.

Yuu-cluth-aht chief councillor Vi Mundy said she’s interested in these indicators after hearing concerns from her community, from fishers for example: “I’m hearing questions like what kind of impact will there be and what kind of standards have been developed so far [in the wave energy industry].”

But she also noted young people in her community are asking for green development that will provide year round employment.

“It’s really good to see that in young people,” Mundy said.

Anyone with questions about wave technology on the coast is invited to contact OREG at questions@oreg.ca.

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