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03-29-2011, 05:22 PM | #1 |
Senior Member
Join Date: Apr 2005
Location: La Jolla
Posts: 130
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MLPA victory
COURT DECISION REQUIRES MLPA BLUE RIBBON TASK FORCE TO REPAY ANGLING GROUPS FOR ALL LEGAL FEES IN PUBLIC RECORDS CASE
Ruling Marks Second Important Victory in Legal Battle Against Unlawful MLPA Process A March 10, 2011 California Superior Court ruling has ordered the Marine Life Protection Act Blue Ribbon Task Force (BRTF) and Master Plan Team (MPT) to pay 100-percent of the legal fees incurred by recreational angling groups in a 2010 lawsuit to enforce BRTF's and MPT's obligations under California’s Public Records Act to produce important information about their actions in adopting marine protected areas in the ocean waters off the California coast. In that case, the court found in favor of Robert C. Fletcher, former president of the Sportfishing Association of California, a member of the Partnership for Sustainable Oceans, ordering the provision of information regarding the activities and decisions of the BRTF and the Marine Life Protection Act Master Plan Team. That ruling confirmed that these were public agencies and therefore required to carry on their business in an open and transparent way. “This is a significant monetary award on our behalf, but it represents only a small portion of what we’ve invested in battling the unlawful MLPA process so far,” said David Elm, Chairman of United Anglers of Southern California and director of the Ocean Access Protection Fund. “Even more important than the financial ramifications of this decision is the signal that it sends. The court has now decided in our favor twice, based on the merits of our original case against the BRTF and MPT,” added Elm. Elm was quick to remind anglers that this in no way should slow the pace of contributions to the Ocean Access Protection Fund, the non-profit organization established to finance legal action, on behalf of recreational fishermen, challenging the Fish and Game Commission's decisions under the MLPA. In fact, he suggested, it should do the opposite. “This latest court decision has given both encouragement and additional resources to our efforts,” said Elm. “But we have a long way to go, and continued success will only be possible with ongoing support from anglers across California. We will continue our aggressive awareness and fundraising campaigns, allowing us to keep up our ‘full court press’ on the flawed MLPA process.” Following the successful Public Records Act suit, on January 27, 2011, United Anglers of Southern California, Coastside Fishing Club and Robert Fletcher filed a lawsuit in the San Diego County Superior Court seeking to set aside the MLPA regulations for the North Central and South Coast study regions. This currently pending lawsuit cites a lack of statutory authority for the Fish and Game Commission to adopt the regulations, and, in the case of the South Coast regulations, numerous violations of the California Environmental Quality Act in the commission's environmental review of the regulations. For additional information on legal action regarding the MLPA Process, visit www.keepamericafishing.org. To make a contribution to the Ocean Access Protection Fund, visit www.oceanaccessprotectionfund.org. |
03-29-2011, 05:31 PM | #2 |
Senior Member
Join Date: Jun 2009
Location: Oceanside
Posts: 215
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Thats really good news
Dont understand it all but this is a good step towards stopping the stripping of our rights.
Make your donations folks!! I did this weekend. Once our rights are gone we cant really bitch if we dont help the fight to keep them. Tight lines. Chris |
03-29-2011, 05:54 PM | #3 |
Olivenhain Bob
Join Date: May 2008
Location: Olivenhain, CA
Posts: 1,121
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This is great news but I am confused. The ruling says that the BRTF is a public agency that has to "produce important information about their actions in adopting marine protected areas in the ocean waters off the California coast" The last I heard, most of this information has not been produced. Did I miss the announcement?
If they have to produce the minutes of their secret meetings which will surely prove that the process was corrupt, it seems reasonable to me that everything the BRTF touched is tainted and should be tossed out. Am I missing something? Bob |
03-29-2011, 05:56 PM | #4 |
TB Metal Art
Join Date: Jul 2010
Location: San Diego
Posts: 653
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Made my donation at the Fred Hall show and got a nice sticker too boot!
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03-29-2011, 06:19 PM | #5 | |
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Join Date: May 2005
Posts: 754
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Quote:
This was a great win that revealed damaging material that demonstrated the BRTF's pervasive habit of meeting in secret. It also established that the BRTF is a public agency, and not immune to scrutiny as they claimed. This will further our efforts. www.oceanaccessprotectionfund.org |
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03-29-2011, 06:25 PM | #6 |
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Location: San Pedro
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03-29-2011, 07:30 PM | #7 |
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Location: San Diego
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03-29-2011, 08:59 PM | #8 | |
Senior Member
Join Date: Sep 2009
Location: newbury park ca
Posts: 2,323
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Quote:
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03-29-2011, 09:27 PM | #9 |
Senior Member
Join Date: Mar 2005
Location: Rancho Santa Margarita
Posts: 770
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Great news!
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03-30-2011, 07:36 AM | #10 |
Senior Member
Join Date: Jul 2009
Location: Baja fish camp
Posts: 478
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This is the first step in a long walk to find justice.
It's up to all of us to keep donating for legal funds and not give up. We keep going after ghost until we get one (which I still haven't) let's be just as presistent and win this. |
03-30-2011, 05:32 PM | #11 |
Senior Member
Join Date: Jun 2009
Location: Oceanside
Posts: 215
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Its astounding to see how few are paying attention to this
Really really disappointing.
The fighters deserve a parade |
03-30-2011, 05:45 PM | #12 |
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Location: newbury park ca
Posts: 2,323
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03-30-2011, 07:05 PM | #13 |
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Join Date: Mar 2010
Location: San Diego
Posts: 2,385
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Agreed. Donated at Fred Hall, and prior to. It's possible that some may not fully understand the potential impact this could have for the good of what we are trying to accomplish.
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No better time than being on the water, God Bless, JimmyZ |
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