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California Fisheries Regulations and Science (MLPA & MPA) Here is a dedicated forum for the extremely important MLPA & MPA process

 
 
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Old 01-04-2012, 02:58 PM   #1
Spearosexual
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Join Date: Jan 2012
Posts: 1
new member, skipping intro, Need help finding exact details of MPA laws.

Yes this will be a long post.

I will begin by saying that I am very pissed off about the closures.

From what I've been reading the MPA's were possibly heavily funded by Oil Companies.
I don't know how far to trust this article however, but that is beside the point

http://redgreenandblue.org/2012/01/0...in-california/


As for the MPAs

My Premises are these:

1. The MPA now has the legal authority to remove everyone from the water. So far they have only been used to get rid of us spearos, but they also have the potential, according how it is written, to get rid of surfers and even people walking on the beach.

2. The laws for state parks that show that the property of a state park is not necessarily only to protect wild life. The purpose of a state park is to benefit the general public at large in the best way possible.

An example of this a state park I went to ( I forget which one, I will try and find out the name promptly) used to be a gold mining community. There are still small lots in the state park that are owned by families which are currently legally inactive for mining operations. The person in charge of the state park, a very nice old man, and the park hydrologist mentioned that the mining could become active at any moment if any individual or group of individuals could show that the mining gold from there would be profitable. To this day it is thought that the gold is now too scarce to turn a profit anymore and this is the reason the area is not active for mining / prospecting.

3. The MPA closures continue to be emphasized to be new "state parks". Perhaps it is this terminology that has very special significance.


Conclusions
With these premises in mind I can conclude that the MPA's will first

1. Get rid of everyone on the beaches starting with the smallest groups and escalating to ever larger groups until everyone is removed.

2. After everyone is kicked off the beaches these areas will NOT be used by the General Public at all. This opens up the window for private companies (oil companies and new private marinas etc.) can come in and show that they have a better interest for the public in drilling for oil and turning a profit. Since no one is actually enjoying the new "State Parks" they will be found to have the best public use of the land.

There are more than a few things that are bothering me:
The member biographies of the blue hair committee do not mention their involvement with Oil companies and the number of them that used to be in private marina development and land development.

And that Website that were for the closure are roboticly spewing out the word "New State Park" like crazy. State park state park. It might just be a good PR strategy to make what they did seem legit to Californians or might be a way to attempt to legitimize the coast as a state park.


I am for the most part seeking advice on how to find the laws that pertain to my post. I'm not a law student, so I don't know where to start. I'll try to take an introduction to law course before I graduate, but I'm busy trying to secure a career with the right classes: I'm an engineering student and the more technologies I master before graduation the better my odds in this economy.

I would also like to know under what circumstances these tree huger organizations can be sued. It's easy for their nutjobs to do something that the organization ordered them to do and then for the organization to disavow all knowledge and not be held accountable: case and point those pink tags. We need to make these nuts accountable for everything they do and be able to hurt them in the pocket book when they screw up.

There are laws protecting our right to the ocean, but up to this point I haven't seen anyone actually want to get together and go to court. Attending all the meetings at ad nauseam did little to nothing.

I would like help with finding laws
1. Regulations of State Parks
2. Suing non-profit organizations (not sure if this would fall under Tort Law) for the actions of their members
3. Any criminal charges than can be brought against some misinformed vigilante getting between my speargun and a fish
4. Who has the right to sue the State if they illegally keep us from fishing and the details of undertaking this.

It might just be easier for members to pitch in and hire a few lawyers to investigate these things and take legal action on our behalf.
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