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What About Seal Land Use Law?

Published: Wednesday, October 22, 2008 8:03 PM PDT



A drive by:

  • You've never seen me write about the La Jolla seals for a reason. I haven't talked about it for the same reason I've never put my fingers in the garbage disposal. Nothing good could come out of the effort.

    But I've just got to say this.

    Reading Dave Washburn's piece Wednesday, I came across this line from Judge Yuri Hofmann (emphasis mine):

    Hofmann said the trust governing the cove "does not permit joint use between humans and seals, [and] does not permit use by seals of the beach as a habitat."


    Does not permit use by seals? This is why the issue is so fundamentally weird. A judge in a courtroom is literally saying that the seals are not permitted to use that beach near La Jolla Cove. I have to wonder, how the seals were supposed to get a permit? They don't have any thumbs.

    What if we're violating their permitting laws?

    OK, I'm done. Washburn's update is here.



  • I mentioned the debate on Tom Fudge Wednesday between Stephen Whitburn and Todd Gloria. I picked on Whitburn a bit to make a larger point but Gloria had a doozy.

    I was driving so I couldn't write the exact quote but he said he's spent every night of his life over the last eight years in community and neighborhood meetings.

    I mean, I know politicians are prone to exaggerations. But that's pushing it.



  • Congrats to the team and, thanks for the props, U-T. Back atcha.


  • A great drive-by on housing and the markets here.


  • Speaking of housing: Take a look at the jobs picture. Yeesh. If incomes must come in line with prices in order for the market to stabilize, as I believe, then the trajectory of the lines on this graph needs to be altered.


-- SCOTT LEWIS




Editor´s Choice
The reader comments you won't want to miss. (Editor's Choice selection do not represent the views of the editors. They are comments that seem to add to the discussion as opposed to less productive insults or arguments.)

Nice catch, Scott. Judge Hoffman seems to have elevated the seals to a level of personhood that would require them to have a permit to use the beach. In that case, perhaps the seals could make a case for having a prescriptive easement to use the beach? I would love to see a lawyer from the NRDC argue that one. I think they've met the time test.

Posted by Maggie M | reply to this comment
October 23, 2008 10:01 am

Now that the seals have been legally legitimized as permit needing residents, I see numerous possiblities. First, do they have citizenship documentation? Second, have they been poaching fish from the La Jolla Marine Preserve? Third, I suggest that for their future protection, that they become unionized city employees. We charge vacationeers bucks to watch the seals. We could educate some of the brighter seals to bark and dance on the beach. They could have a chorus of honking bycycle horns and bells. Fourth, as city employees, they could initiate a new compensation methodology called the DRIP program (Diverted Renumeration and Income for Pinnipeds). Fifth, if this employment angle works out, we could put the seals city jobs out for privatization and have sea lions, otters, and other animals bid to replace the seals. There, issues resolved, seals gone.

Posted by Dale Peterson | reply to this comment
October 23, 2008 1:17 pm

“Permits for seals” is silly; spot on. They aren't human, don't have 'rights' under our laws. But hey - how come there's a "humans versus seals” court case then? Which seal hired Pease to represent them (& how did they negotiate a retainer)? Oh, right - it's actually humans versus humans, over how the beach should be used. Well, that's easy - it's for children! So which child hired Kennerson? Um... actually it was a grownup swimmer cited for violating federal law who decided to use the language of Scripps' gift to get the last laugh on the seals. But at least the bulk of support for dredging comes from children, right? Ah, let's see - no, actually SCUBA divers (definitely not mentioned by Scripps). Don’t children want dredging? Hmm, this is awkward , they overwhelmingly support the seals.

Posted by Jim M | reply to this comment
October 23, 2008 3:11 pm

6 Comments so far on this story...

This whole issue is so stupid. I grew up going to the Children's Pool and so did my kids and the seals were there and we were there and it was fine - until the seal-people decided it wasn't and started selling t-shirts to prove it. Of course there are more people around now and the beach is only so big and cannot accomodate us all. There is a new lifeguard station just approved, so forget the dredging and open the ocean gates in the wall and use the pool the way it was designed - as a pool. Imagine the next generation swimming with the seals!

Posted by Jim Neri | reply to this comment
October 23, 2008 5:45 am

Dale, your proposals make a lot of sense...except it's well known that city employees are rarely capable of doing two things simultaneously. How could you expect the seals to bark AND dance once they got on the payroll? No, they would only do one or the other...and demand that the city pay all the costs of the DRIP program even if it drove us all to bankruptcy. Either way we go on this, it's gonna cost a lot of clams. Let's just build them a stadium and hope they don't move to Chula Vista.

Posted by Fred Williams | reply to this comment
October 24, 2008 2:39 pm

I think the point the good judge was making is that trust requires use by people and that allowing pinipeds to use it as a habitat precludes that use and thefore violates that trust. But I assume you knew that and were just trying to be witty.

Posted by Larry | reply to this comment
October 23, 2008 1:19 pm


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Scott Lewis on Politics

The Scott Lewis on Politics blog, abbreviated cleverly as SLOP, is a collection of observations, insights and the occasional scoop on public affairs in San Diego. Please feel free to e-mail Scott at scott.lewis@voiceofsandiego.org.


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