Schwarzenegger's "Marine Poaching Areas" to Go Into Effect on May 1

Schwarzenegger's "Marine Poaching Areas" to Go Into Effect on May 1

by Dan Bacher

The California Fish and Game Commission on April 8, after approving some technical changes, unanimously voted to impose a series of controversial "marine protected areas" (MPAs) - also known as "marine poaching areas" - on the North Central Coast from Pigeon Point to Point Arena on May 1, 2010.

The marine reserves were originally proposed to go into effect on April 1. However, during the regulatory process to amend Section 632 of the California Fish and Game Code, changes were made in the originally proposed regulatory language that was adopted at the Commission's August 5, 2009, meeting. The Administrative Procedure Act requires that the Commission make these changes available to the public for at least a 15-day written comment period, so the beginning of the area closures was changed from April 1 to May 1.

According to the Commission, corrections were made to the latitude and longitude coordinates for Gerstle Cove State Marine Reserve (SMR), Salt Point State Marine Conservation Area (SMCA), Estero de San Antonio State Marine Recreational Management Area (SMRMA), Point Reyes SMR, Point Reyes SMCA, and the Southeast Farallon Island Special Closure. In addition, a variety of other changes were made to the regulations for the purpose of improving the clarity of the regulations.

Department of Fish and Game wardens jokingly refer to the new reserves as "marine poaching areas" since the state of California doesn't have the money or staff to patrol these new reserves, let along the existing marine reserves along the Central Coast. By removing the guardians of the ocean - law-abiding fishermen and seaweed harvesters - from these areas, poachers will be able to practice their dirty work unobserved and unhindered.

The California Fish and Game Wardens Association has repeatedly opposed the creation of any new marine reserves until funding is provided for the patrolling of these areas.

Jerry Karnow, Legislative Liason for the association, blasted the Schwarzenegger administration for pushing the MLPA process forward even though California has the "lowest ratio of wardens to population of any state or province in North America" in an excellent op ed in the Sacramento Bee (http://www.sacbee.com/opinion/story/2500939.html).

These new reserves will go into effect at a time when the lack of wardens has made California into a virtual paradise for poachers of fish and wildlife, as revealed in James Swan's ground breaking documentary, Endangered Species: California Fish and Game Wardens (2009). The movie is an expose of the extreme shortage of game wardens in California and its impact on fish, wildlife and wild lands.

In spite of claims by Governor Arnold Schwarzengger and his collaborators that these MPAs will "protect" the ocean, the only thing that these areas will do is further restrict commercial and recreational fishing on the most restricted area of coast on the face of the planet, as well as kick tribal and commercial seaweed harvesters off their traditional areas off Stewarts Point and Point Arena.

The Marine Life Protection Act, a landmark law passed through the Legislature and signed by Governor Gray Davis in 1999, has become under Schwarzenegger, the worst Governor for fish and the environment in California history, a surreal parody of marine "protection."

The original legislation was designed to protect the ocean from pollution, development and other uses that impact the marine ecosystem - not just impose more fishing restrictions. The legislation states very clearly, "Coastal development, water pollution, and other human activities threaten the health of marine habitat and the biological diversity found in California's ocean waters."

However, Schwarzenegger has completely taken coastal development, water pollution and other human activities other than fishing and seaweed harvesting "off the table" in his MLPA process. Schwarzenegger has appointed to the Blue Ribbon Task Forces that design the marine protected areas corporate officials from the oil, marine development and real estate industries to make sure that the marine reserves don't conflict with their plans for exploitation and development of the California coast.

Schwarzenegger, an advocate of increased oil drilling off the California coast, very strategically appointed Catherie Reheis-Boyd, president of the Western States Petroleum Association, as chair of the South Coast MLPA Blue Ribbon Task Force for the South Coast and as a member of the North Central Coast and North Coast MLPA panels. Reheis-Boyd, an oil industry "superstar," is a strong supporter of new oil drilling off the California coast.

Reheis-Boyd told the San Francisco Chronicle that she hopes the Obama administration “will eventually allow new drilling off the California coast." (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/03/31/MNU41CO3O4.DTL)

"We are disappointed," Reheis-Boyd said, in response to Obama’s recent announcement that the U.S. companies can begin drilling for oil in the waters off the Atlantic Coast and the Gulf of Mexico. "When you look at the resources here, they're considerable."

North Coast environmentalists, fishermen and seaweed harvesters are very concerned that MLPA Initiative, rather than protecting the ocean as it was originally intended to do, will actually facilitate the exploitation of the oceans by corporations.

"A major criticism of the MLPA is that it restricts only fishing, but does not address other impacts to marine resources such as water pollution, development, and ocean industrialization," said Judith Vidaver of the Ocean Protection Coalition. "Of concern to some is that implementation of the MLPA will somehow lead to oil/gas drilling or make it easier for other forms of industrialization of the ocean by projects such as wave/wind power, fish farms, seabed mining, etc. that the federal government is looking at zoning and promoting."

She said California State Attorney General (AG) Jerry Brown has possibly provided a way for anglers and environmentalists to address these concerns.

On September 25, 2009 the AG wrote a “letter of opinion” to the Assistant Secretary for Ocean and Coastal Policy of the Natural Resources Agency. The letter addresses a number of issues regarding MPAs including whether it is necessary to specifically identify what uses are allowed or prohibited in SMCAs.

In the AG’s opinion, “The designating or managing agency may identify prohibited recreational and commercial activities that would compromise protection of the species of interest, natural community, habitat, or geological features or it may identify allowable uses within marine conservation areas.”

"SMRs (State Marine Reserves) already prohibit any kind of activities in addition to fishing that may cause harm," stated Vidaver. "So, to protect SMCAs (State Marine Conservation Areas) from destructive activities such as sewage treatment plants, oil drilling, fish farms etc. all we have to do is include such prohibitions in the language of the arrays" (MPA proposals).

Vidaver's proposal is to include include prohibitions of all potential industrialization of the ocean in the language of the individual MPAs. In addition, she proposes the creation of a SMCA covering all other areas not included in the final North Coast array.

"This 'blanketing' SMCA would specifically list all current uses as allowed and specifically prohibit all other uses that could harm the marine ecosystem," she stated.

California's North-Central Coast MPAs will take effect from Alder Creek, near Point Arena (Mendocino County) to Pigeon Point (San Mateo County). The series of 21 marine protected areas (MPAs), three State Marine Recreational Management Areas, and six special closures covers approximately 153 square miles (20.1%) of state waters in the north central coast study region, according to the DFG.

Approximately 86 square miles (11%) of the 153 square miles are designated as "no take" state marine reserves, while different take allowances providing varying levels of protection are designated for the rest. The MPAs were developed through funding by a private corporation, the shadowy Resource Legacy Fund Foundation (RLFF).

The state and RLFF refused to consult with California Indian Tribes in creating the North Central Coast and Central Coast reserves. The National Congress of American Indians (NCAI), at their annual session from October 11-16, 2009 in Palm Springs, passed a resolution blasting the MLPA process for failing to recognize the tribal subsistence, ceremonial and cultural rights of Northern California tribes.

“The NCAI does hereby support the demand of the tribes of Northern California that the State of California enter into government to government consultations with these tribes; and that the State of California ensure the protection of tribal subsistence, ceremonial and cultural rights in the implementation of the state of Marine Life Protection Act,” the resolution stated.

A coalition of North Coast tribes is pressuring the MLPA Blue Ribbon Task Force to protect tribal subsistence, ceremonial and cultural rights in the North Coast process now underway.

For more information and a full list of the new MPAs, go to: http://www.dfg.ca.gov/mlpa/nccmpas_list.asp.