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Old 04-03-2022, 06:05 PM   #1
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Angry Point La Jolla, on the brink of closure.

Point La Jolla is on the brink of closure.
The Sierra Club is pressuring the coastal commission to close yet another La Jolla Dive spot, point La Jolla and boomer beach.
This will be the 5th incremental closure. First La Jolla shores, then La Jolla cove extension, followed by children’s pool, and Matlahuayl MPA expansion, and now point La Jolla closure. The city and coastal commission staff assured divers this would be the “last” closure.


Friday April 8th 9am -noon and 1:30pm until complete, California Coastal Commission, CCC agenda linked below. Point Ja Jolla Season Closure CDP request by City of SD is the second to last agenda item, after lunch seems likely with non-agenda public commentary typically taking up one hour or more during the am session. https://www.coastal.ca.gov/meetings/agenda/#/2022/4 If you are not able to join the zoom meeting on 8th, non-agenda item public commentary is available during the first hour (9am -10am) of the CCC meetings on the 6th & 7th as well. Spreading out our pleas for sanity on this issue could be even more useful as public commentary may be limited once the F11c Point La Jolla CDP application comes up as an agenda item late near the end of the three day CCC sessions.

The California Coastal Commission Staff recommends a May 1 to Oct 31 closure of Point La Jolla and a portion of Boomer Beach with up to a seven-year permit period. The closure area includes all of point La Jolla with an experimental transiting zone to boomer beach.

Register to speak. You will have 2 minutes or less.
Please register through the below link as a Speaker, HERE  https://www.coastal.ca.gov/meetings/agenda/#/2022/4
If you select April 6th, or April 7th you would be speaking on a ===>Do you wish to speak for General Public Comment (Item W4) or for a specific agendized item? * ( non General Public Comment (not for an agendized item))
If you select Friday April 8th to speak on 11.C your comments will be heard when that agenda item comes up. (Which is currently unknown) Staff tells me they anticipate a short Friday meeting. I plan on speaking Friday while the agenda Item is discussed, keeping zoom open while working.

If you wish to submit materials or a PowerPoint for your presentation, up to 40MB can be submitted to materials@coastal.ca.gov

I attached the Coastal Commission’s proposal and their biologists report, as well as the City of San Diego contracted 2021 Dr Hannon report which recommends keeping point La Jolla open.

https://www.coastal.ca.gov/meetings/...timony/friday/

Feel free to call me with any questions, Volker Hoehne 619-994-4175

Organizations in opposition
1. Recreational Fishing Alliance,
2. Coastal Conservation Association of California
3. Watermens Alliance
4. San Diego Freedivers
5. Long Beach Neptune's
6. San Diego Council of Divers
7. La Jolla Parks and Beaches
8. La Jolla Community Planning Association
9. Ocean Access Advocates
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Old 04-03-2022, 06:07 PM   #2
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Re: Point La Jolla, on the brink of closure.

Other speaking points

OAA, Ocean Access Advocates will be proposing a one-year Point La Jolla Closure, requesting that an EIR, Environmental impact report on the closure related to the surrounding marine environment be commissioned as a requirement of the 1-year CDP issuance. We will be proposing relocation of the Sea Lion Colony to east bluffs or the The Devil’s Slide Cove, DSC for the safety of the CSL and the public. Enforcement can be accomplished there is only additional fencing at the (CWT) Coast Walk Trail Bridge and signage at the Marine Room ocean access ramp. The difficulty of access to the DSC along the beach and rocks to the North will keep tourists mostly up on the Coast Walk Trial away from the Sea Lions. One Docent or Ranger could be stationed at the Marine Room Beach Ramp and the CWT bridge to inform folks and make sure no one jumps the fence, bard wire could be included.

The city currently disperses sea lions from La Jolla cove every morning before the swimmers show up.

Closing all human access at the CWT Devil’s Slides Bridge will reduce liability for the City and help preserve the delicate hillside below the historic wood bridge. Human and leashed dog access could be opened over all of Ellen Browning Scripps Park, EBSP immediately after the pupping season closure that is set to wrap-up on Oct. 31st. People and leashed dogs on Point La Jolla, the Bluffs below Brockton Villa and Boomer Beach may encourage the CSL to relocate to the closest protected alternative, Devil’s Slides Cove, or to the quite wide beaches below Torrey Pines Golf Course.

If you support this CSL relocation proposal, please consider attending the April 8th California Coastal Commission Zoom meeting to voice your support. If you have another idea to help save Ellen Browning Scripps Park, EBSP and protect the Sea Lions, please share those thoughts as well. The increased eco-tourist activity in EBSP is very destructive to natural and manmade landscape. The tide pools of Point La Jolla as well as the waters around La Jolla Cove and Boomer Beach are being polluted daily with the equivalent of 500 to 800 gallons of raw sewage from the Sea Lion feces and urine, very similar to ours, just more smelly as it is most decaying fish. CSL urine is especially toxic with very high levels of ammonia and salt from the fish based diet.
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Old 04-03-2022, 06:07 PM   #3
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Re: Point La Jolla, on the brink of closure.

Evaluation of Potential Public Area Closures around La Jolla Cove, California in Consideration of California Sea Lions with Recommendations by Dr. Doyle A. Hanan Hanan & Associates, Inc. November 5, 2021
I ask the commission to consider the attached November 5th 2021 “Evaluation of Potential Public Area Closures around La Jolla Cove, California in Consideration of California Sea Lions with Recommendations” authored by Dr. Doyle A. Hanan Hanan & Associates, Inc. This report was contracted by the City of San Diego. It concludes point La Jolla does not warrant a closure for sea lions.

"CONCLUSIONS In conclusion, we would seriously question the need for closure to protect CSL because the U.S. population is at OSP as managed by NMFS according to the MMPA. Therefore establishing closures is not a resource question or need and does not warrant any special protections aside from those provided by the MMPA. The CSL population has increased to a level where occupied areas have increased, including areas not documented in modern history (La Jolla). In the future, we may see fluctuations of CSL population above and below carrying capacity of the environment and may include new haul out areas while abandoning other locations. These population characteristics are typical of any ecosystem at or beyond carrying capacity (K)." (page 7)

Main comments of interests The number of sea lion berths in the La Jolla area is statistically insignificant, 00.1% of the annual births occur near or at the area in question. (53/47,691 = 00.1%) "While we agree with several Sierra Club conclusions and cited evidence of what confirms a rookery, we caution that two years of unverified counts (53 live births each) are not sufficient to declare the area a rookery. CSL presence and pupping may be temporary, and they may abandon the location as quickly as they have occupied it." (page 4) "In 2014, NMFS estimated the U.S. west coast population at 257,606 sea lions and a corresponding pup count of 47,691 pups with an annual growth rate of 7.0% (Carretta et al., 2021)." (page 6)

Sea lions show a preference for the Area 6 (shelf area below restaurants). Also known as the east bluffs. "During our 2015-2016 observations, we observed CSL hauling out primarily in Area 6 (shelf area below restaurants). Since then, they have moved to haul out mainly in Area 1 (Boomers Beach)." (page 3)

The sea lions populations are healthy. "CSL are not "depleted" under the Marine Mammal Protection Act (MMPA) nor "threatened/endangered" under the Endangered Species Act (Carretta et al., 2021)." (page 6) "This stock status means the CSL population was likely still increasing in 2008 as it approached carrying capacity of the environment (K, the 7 maximum population size an ecosystem can support). It is also likely that ENSO will cause fluctuations in pup production and total population for the foreseeable future (McClatchie et al., 2016)" (page 6 and 7)

RECOMMENDATIONS
1. We do not endorse closing any areas of La Jolla for the benefits of CSL, an abundant stock at OSP and fully recovered (Laake et al. 2018). We believe NMFS should maintain management authority and ensure the health of CSL following federal law as realized in the MMPA statutes and NMFS rulemaking.
2. Suppose the City decides to put closures in place to reduce harassment of CSL adults and pups. In that case, we recommend the closures be temporary with the flexibility to place them in any areas of concern throughout City limits. We recommend this because CSL do change hauling locations. During our 2015-2016 observations, we observed CSL primarily hauling out in Area 6 (shelf area just southeast of La Jolla cove below restaurants). Since then, they have moved to haul out principally in Area 1 (Boomers Beach). They may move again or abandon La Jolla completely; therefore, there should be no permanent closures. 3. If the City goes ahead with closures to reduce harassment, we recommend amending the SD Marine Coastal Mammal Plan to include procedures for accomplishing this action. Perhaps there could be a threshold of viable pups born at a particular location during a pupping season and verified by park rangers or lifeguards that might trigger such an action. The temporary closure in 2021 worked reasonably well, keeping people away from CSL. We would recommend similar treatments of temporary closures, including signage, blockades of footpaths/access points, and the presence of rangers and docents. Given peak pupping occurs around July 2 and pups can swim proficiently at 4-months, we recommend the temporary closure period (7/1-11/1). Considering NMFS enforcement of harassment protocol, depending on location, we would recommend the public should generally be kept 25 to 50 feet from CSL. Technically, the distance depends on whether the animals change their behavior in response to harassment, by physically moving or becoming agitated or moving their heads to look at or away from the disturbance.


Evaluation of Potential Public Area Closures around La Jolla Cove, California in Consideration of California Sea Lions with Recommendations by Dr. Doyle A. Hanan Hanan & Associates, Inc. November 5, 2021
The increased presence of Great White Sharks, GWS in our area should be studied as well. The City has contacted The Shark Lab of CSULB, no contract has been signed, to install shark sensor buoys around La Jolla. I spotted my first GWS from my SUP in July of 2021. To date, I have encountered 27 GWSs, I now carry a tourniquet while SUP surfing and fishing. Our increasing Sea Lion population will very likely bring larger GWSs to La Jolla, it is not if, but when, a local expert shares my assessment, see link below. We request that the CCC also require The City Of San Diego to commission The Shark Lab to install GWS sensor buoys along the length of City of San Diego Beaches as well as Torrey Pines State Beach.

The huge increase in the La Jolla Sea Lion Colony over the past two decades is adding apx. 3,000 to 5,000 pounds or the equivalent of apx. 50 to 150 gallons of raw sewage into the La Jolla Cove each night, see above attached photo of typical night at The Cove, and apx. 200 to 500 gallons of raw sewage equivalent around Point La Jolla and Boomer Beach area every day. Source information; Toni Atkin’s newsletter specified that the recently recused, 200 pound, Route 94 Sea Lion is consuming 12 pounds of fish a day. 300-500 Sea Lions living around La Jolla Cove, Hanan report 2017, and recent La Jolla Sea Lion counts equates to 3,000-5,000 pounds of waste a day; Water 0.998 g / ml 8.329 pounds, simple math.
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Old 04-03-2022, 06:08 PM   #4
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Re: Point La Jolla, on the brink of closure.

Seal Docent Harassing Divers and Surfers
I ask the coastal commission to protect our right to peaceably to assemble, and move about at point La Jolla from September 16 through May 24th as protected by the first amendment and U.S. Supreme Court in Crandall v. Nevada, 73 U.S. 35 (1868). Require the city to vet or remove Seal docents who maliciously block right of way and harass the general public. The Seal Docents (Seal Society/ Sierra Club members-volunteers) currently directed by San Diego Parks and Recreation regularly block public access with placards, and chains to Point La Jolla. Parks and Recreation asks them no to block access. The requests are ignored because the docents continue to block access. (see attached photo). SD Parks and Recreation acknowledges this lack of control. The Seal docents should be vetted and bonded before representing the city or the state. They should pass a drug test, background check, Proof of vaccination, and proof of bond. A bond should be required because they are working in hazardous a wet area contaminated with sea lion feces, Point La Jolla should be open and pleasant from September 16 through May 24th. It should be void of seal docent harassment. Related Bill of Rights (1791) Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. U.S. Supreme Court in Crandall v. Nevada, 73 U.S. 35 (1868) declared that freedom of movement is a fundamental right.

Sea Lions in the Cove.
The sea lions moved to adjacent La Jolla Cove. The same management policies need to be applied evenly to Point La Jolla, La Jolla cove and the East Bluffs. There is a high probability the sea lions will move to their historic hall out 100 years south of point La Jolla, resulting in a sea lion closure without sea lions.
The current south boundary does not provide safe access to boomer beach. The current path was continual use since 1963. It would be eliminated and replaced by unsafe muddy path at a 30 degree incline. This seasonal alternate path intentionally creates a trip and fall hazard. Please consider explicitly stating that transit is permitted, and the city must assume all legal costs associated with this closure.
I ask the coastal commission to protect our right to peaceably to assemble, and move about at point La Jolla from September 16 through May 24th as protected by the first amendment and U.S. Supreme Court in Crandall v. Nevada, 73 U.S. 35 (1868). Require the city to vet or remove Seal docents who maliciously block right of way and harass the general public. The Seal Docents (Seal Society/ Sierra Club members-volunteers) currently directed by San Diego Parks and Recreation regularly block public access with placards, and chains to Point La Jolla. Parks and Recreation asks them no to block access. The requests are ignored because the docents continue to block access. (see attached photo). SD Parks and Recreation acknowledges this lack of control. The Seal docents should be vetted and bonded before representing the city or the state. They should pass a drug test, background check, Proof of vaccination, and proof of bond. A bond should be required because they are working in hazardous a wet area contaminated with sea lion feces, Point La Jolla should be open and pleasant from September 16 through May 24th. It should be void of seal docent harassment. Related Bill of Rights (1791) Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. U.S. Supreme Court in Crandall v. Nevada, 73 U.S. 35 (1868) declared that freedom of movement is a fundamental right



Legal Transit through La Jolla cove
Application No. 6-22-0113 seasonal closure of Point La Jolla from May 25th to September 15th falsely implies recreational spearfishes will retain access to the waters of point La Jolla during the closure period. A conflict in current state and city regulations render transiting through La Jolla cove (a marine protected area) illegal. State regulations require that spearguns are on a float, may not be in hand while transiting. City regulations prohibit all floating object in La Jolla cove. I ask the coastal commission to request a revision to §63.20.24 permitting transit through La Jolla cove with a float. I ask the coastal commission to permit emergency exiting the water access the closed area. Ocean conditions can change quickly and require immediate exiting. The abundance of great white sharks feeding on sea lions increases the probability of additional emergency exits during the closer period.
(8) Transit or Drifting.
(A) Vessels shall be allowed to transit through MPAs and marine managed areas (MMAs) with catch onboard. Fishing gear shall not be deployed in the water while transiting through a state marine reserve. Fishing gear, except legal fishing gear used to take species identified as allowed for take in subsection 632(b), shall not be deployed in the water while transiting through a state marine recreational management area, state marine park or state marine conservation area.
(B) Spearfishermen with or without catch shall be allowed to transit through MPAs and MMAs. While transiting MPAs and MMAs that prohibit spearfishing or while in possession of species not identified as allowed for take in the MPA or MMA being transited, spearfishing gear shall be in an unloaded condition, not carried in hand, and the diver shall remain at the surface.
Special closures may restrict or prohibit transit, with or without catch on board. Check the individual special closure regulations for details.


San Diego Municipal Code Chapter 6: Public Works and Property,
§63.20.24 Floats Prohibited In La Jolla Cove
Except for the purpose of effecting a rescue, it is unlawful for any person to introduce
into or upon the waters of La Jolla Cove any floating object, such as a body board,
foam object, ball, life preserver or other similar device, which is used or could be
used to assist in the floatation of a person. This Section, 63.20.24, does not prohibit
scuba divers from using wetsuits, swim fins or inflatable devices.
(“Floats Prohibited In La Jolla Cove” added 5–31–1994 by O–18073 N.S.)
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Old 04-03-2022, 06:34 PM   #5
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Re: Point La Jolla, on the brink of closure.

Evaluation of Potential Public Area Closures around La Jolla Cove, California in Consideration of California Sea Lions with Recommendations by
Dr. Doyle A. Hanan Hanan & Associates, Inc.
November 5, 2021


The City of San Diego Tried to suppress this report. They paid to have this study done, then suppressed it when the findings were un-desirable.
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Old 04-03-2022, 06:35 PM   #6
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Re: Point La Jolla, on the brink of closure.

Coastal commission reports.
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Old 04-04-2022, 05:57 PM   #7
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Re: Point La Jolla, on the brink of closure.

They just take and take ill be on zoom.
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Old 04-04-2022, 07:33 PM   #8
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Re: Point La Jolla, on the brink of closure.

Next you will be told that scenery is worn out by people looking at it.
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Old 04-06-2022, 11:23 AM   #9
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Re: Point La Jolla, on the brink of closure.

Quote:
Originally Posted by davidiskol View Post
They just take and take ill be on zoom.
Thank you
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Old 04-08-2022, 02:16 PM   #10
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Re: Point La Jolla, on the brink of closure.

Coastal commission voted to close boomer access, and point la jolla 6 months of the year. Main supporters were Sierra club, surf rider, and coast keeper.
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