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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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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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Old 01-05-2012, 03:59 AM   #2
Namor
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Re: new member, skipping intro, Need help finding exact details of MPA laws.

"Attending all the meetings at ad nauseam did little to nothing."

Says you. Maybe you have been fighting tooth and nail and missing work all throughout this process, but i suspect you are another wanking johnee-come-lately. Do you remember the proposed Map C that had significantly more of the coast closed, and no take as opposed to limited take? With out the participation and sacrifice of many in this flawed process it would have been worse in many areas.

Im tired of reading whining and questions from people who belittle and denigrate the hard work of or stakeholders and other participants in the process. At the last DFG meeting there were no divers beside me who spoke. I understand that as a result of hard work with poor results, people are jaded, exhausted and embittered, but I get the feeling you are fresh to this.

Maybe we should pool our money and hire a lawyer? How about you send some of your money to the Watermans Alliance. They are supporting the lawyers and legal challenges already in place. No need to reinvent the wheel, or try to rally others to help you do so.

Perhaps you shouldnt skip the intro and instead tell us all about the hard work you put in to stop this over the last couple of years.

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Last edited by Namor; 01-05-2012 at 04:22 AM.
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Old 12-18-2012, 01:01 AM   #3
Phere the spear
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Re: new member, skipping intro, Need help finding exact details of MPA laws.

Dude made some good points. Shady ass government
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Old 12-18-2012, 12:27 PM   #4
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Re: new member, skipping intro, Need help finding exact details of MPA laws.

Hi Spearosexual,

I see that this is your first post. Welcome to Spearboard. Please, give us an introduction.

Your inquiries about the Marine Life Protection Act (MLPA) are coming after five regions have been implemented: Channel Islands before 2004, South Central 2004-2007, North Central 2007-2010, South Coast 2008-2011 and finally the North Coast 2009-2012 where the Marine Protected Areas (MPAs) will go into effective tomorrow (December 19th). San Francisco region is still yet to be started. You can find all the information about them on the Department of Fish and Game (DFG) site starting here:

http://www.dfg.ca.gov/mlpa/

Where have you been?! We have had more than our share of drama over the MLPA here on Spearboard so you missed out on all that fun during the process. And there were attorneys hired and lawsuits however I am unaware of any upcoming MLPA overturning (if anyone knows differently, please speak up!).

All of the MLPA meetings were recorded and you can watch to your hearts content. You can locate the archives here http://www.cal-span.org

Happy researching!
Brandi
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Old 12-18-2012, 12:58 PM   #5
rhyne
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Re: new member, skipping intro, Need help finding exact details of MPA laws.

first... welcome to an issue that has been going on for years, with an incredible effort by our spearo community. Don't be surprised to get somewhat salty reactions from those of us who have donated much time and emotional effort on this issue. in fact, I'd venture to say that we tiny percentage of the fishing community had one of the largest voices in the process. I recommend using the search feature in this forum if you're interested in finding more content than you'll know what to do with.
While it seems like the fat lady has sung and we are all doomed to suffer the decisions that have already made it thru the legal system... I do believe there are still efforts in the works to refute these new regulations. I'm not up to speed on their status however. Things of this magnitude take time... they're long term projects indeed. Supporting the Waterman's Alliance is our best option these days. They're at the forefront of protecting spearfishing rights and access.
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Old 12-18-2012, 03:45 PM   #6
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Re: new member, skipping intro, Need help finding exact details of MPA laws.

I'll give you a hint, spearosexual. Whenever ANY article begins with the words "So called _____" and then begins denigrating something or some idea, you probably shouldn't look at it as a well-informed, fact-based source but, rather, a diatribe. Whether you agree with it or not is really beside the point. And certainly you shouldn't let it get your panties all in a bunch.

The CA Department of Fish & Game website is a good place to read actual regulations and laws. The links page at the Watermans Alliance website will also get you to some well-informed resources to begin your research. http://www.watermensalliance.com/links.html
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Old 12-28-2012, 06:26 PM   #7
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Re: new member, skipping intro, Need help finding exact details of MPA laws.

At what point or will some local tribes sell honorary tribal membership on a yearly basis?
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