MLPA Implimentation Faces Delay

• Lawsuit Filed by Fishing Interests Moves Forward

BY SUZANNE GULDIMANN

Southern California’s 36 new Marine Protected Areas, which include a State Marine Reserve and State Marine Conservation Area off of Point Dume will not go into effect on Oct. 1 as initially proposed. The California Department of Fish and Game Commission will discuss alternative effective dates for implementation of the MPAs at its Sept. 15 meeting in Redding. The October date was proposed at the commission's June meeting.

The announcement was made after the Office of Administrative Law informed the commission that “they are unable to approve the Marine Life Protection Act south coast MPAs regulatory package in time to make it effective Oct. 1,” a press release states.

According to the announcement, “It is a complicated package and OAL informed the commission that it has additional questions and requests for more information that will require a re-notice.”

Complicating the issue are a number of lawsuits filed by fishing interests.

“There are more than one lawsuit being filed but the one [that]

seems to be the foremost and will be heard before Oct 1,” Longtime Malibu resident and fishing advocate Shari Latta told the Malibu Surfside News.

That lawsuit was filed by members of the Partnership for Sustainable Oceans, a coalition of fishing groups, including recreational anglers, sportfishing organizations, boaters and companies that manufacture fishing equipment.

United Anglers of Southern California, one of the organizations participating in the lawsuit, released a statement following the DFG announcement stating that the delay “means that anglers will now have more time on the water.”

On Dec. 15, 2010 the DFG commission adopted regulations to create the new network of 36 MPAs in the South Coast Study Region, which extends from Point Conception to the Mexican border. There are currently 13 MPAs and two areas of “special closures,” in the region. When the new MPAs are implemented there will be a total of 49 MPAs, which represent 354 square miles, or approximately 15 percent, of Southern California's coastal waters, according to the DFG.

In Malibu, an area stretching from the western end of the Paradise Cove parking lot to the outflow of Zuma Creek will receive the highest level of protection as a State Marine Reserve under the plan.

The proposed SMR includes a submarine canyon off of Dume Cove described repeatedly by the Science Advisory Team as a rare and vitally important habitat that urgently needs the highest level of protection.

The SMR also covers a substantial portion of the hotly contested reefs east of Point Dume, including Big Kelp Reef, a favorite fishing area for kayak anglers and the spearfishing community.

The SMR will be a no-take zone that prohibits all types of fishing. However, fishing boats, including kayaks, would be permitted to transit a SMR with catch on board. Non-extractive activities, including surfing and swimming, will not be impacted.

The State Marine Conservation Area will extend west from Zuma Creek to El Matador State Beach. The SMCA would permit limited fishing activities, including recreational spearfishing for Pelagic finfish, Pacific bonito and white seabass, and commercial take of market squid, coastal pelagic finfish and swordfish.