Feeds:
Posts
Comments

Posts Tagged ‘Fish and Game Commission’

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.

Advertisements

Read Full Post »

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.

Read Full Post »