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Old 04-13-2009, 04:00 PM   #6
PAL
Senior Member
 
Join Date: May 2005
Posts: 754
PSO lobbyist George Osborn delivered powerful testimony to the CA Fish and Game Commission last week. It is available on the SAC website at http://www.sacemup.org/pdf/04-08-200...CreFunding.pdf

Here's the part that is attracting the most attention:
Quote:
The Legislature commanded the Commission to "ensure that California's MPAs have clearly defined objectives, effective management measures, and adequate enforcement, and are based on sound scientific guidelines." Fish and Game Code § 2853(b)(5). Moreover, implementation was to be limited “to the extent funds are available.” Id., § 2859(b). The Commission is without legal authority under the Act to implement restrictions and closures unless the Commission also commands the resources to fairly enforce its regulations and, equally important, scientifically monitor the effect of its regulations. Otherwise, the Commission acts to the detriment of recreational opportunities and contrary to statute. A court would not permit this.

The Legislature commanded that the Commission “annually until the master plan is adopted …promptly act upon petitions … to add, delete, or modify MPAs, favoring those petitions that are compatible with the goals and guidelines” of the Act. Fish and Game Code § 2861(a). Inherent in
the Commission’s obligation is its ability to evaluate the performance of MPAs in view of the Act’s goals and guidelines. Yet the Commission lacks the legal competence to evaluate the MPAs it has already designated because the State lacks sufficient monitoring resources. This is
because the Commission’s regulatory reach has exceeded its grasp of scientific and enforcement resources.

By pursuing the current course of action with regard to the MLPA, the Commission is exposing itself to litigation and, frankly, invites such litigation.
The PSO has not reneged on its commitment to work within the process. On the contrary, we’re just trying to ensure that the state fulfills a commitment to us that the MLPA would be implemented in a fair, transparent, science-based fashion.

If you'd like to donate funds to the PSO, here's how:
Go to the Keep America Fishing webpage:
https://secure2.securewebexchange.co...cafishing.org/.

Those who prefer good old fashioned mail can send a check to:

American Sportfishing Association
225 Reinekers Lane, Suite 420
Alexandria, VA 22314

Please make your check out to ASA, and write "KAF/KFAC" in the memo line. Any amount helps!

Thanks
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