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May 6, 2011
John McCamman, Director
California Department of Fish and Game
1416 Ninth Street, 12th Floor
Sacramento, CA 95814
Dear Director McCamman:
The Partnership for Sustainable Oceans (PSO), which collectively represents nearly one million individual recreational anglers and boaters through its combined membership organizations, has noted considerable confusion among the general public as to when the South Coast Marine Life Protection Act (MLPA) regulations will go into place. We have heard from numerous anglers that are under the mistaken impression that the MPAs have already gone into effect. We believe this misconception has been fueled in part by the lack of accurate information coming from the Department of Fish and Game, including on its website, and the 2011-2012 Ocean Sport Fishing regulations which erroneously proclaims that the MPAs will go into effect in the spring of 2011.
As you know, in order for the MLPA regulations to go into effect, a regulatory package must first be prepared and submitted to the Office of Administrative Law (OAL), which has 30 days to review the package. Not until the package is finally delivered to the Secretary of State do the regulations legally go into effect.
It is particularly troubling to the PSO that the Department believes anglers should currently be abiding by the regulations, as was stated by Department representatives during the May, 2011 California Fish and Game Commission meeting. The Department should not suggest that anyone abide by tentative regulations that have yet to be submitted to the OAL for the statutorily required review, let alone approved and passed to the Secretary of State. Moreover, the MLPA regulations are currently being challenged in the courts. We respectfully request that the Department of Fish and Game refrain from the distribution of misleading and false information and remediate its past distribution of misinformation. The Department should immediately take all prudent steps to inform the general public that they are still free to enjoy California's healthy marine fisheries. If and when the MLPA regulations acquire the force of law, then the Department may begin to encourage compliance.
Sincerely,
- Dave Elm, Chairman
United Anglers of Southern California - Ken Franke, President
Sportfishing Association of California - Paul Lebowitz, President
Kayak Fishing Association of California - Mike Leonard,
Director of Ocean Resource Policy
American Sportfishing Association - Terry Maas
Watermen's Alliance - Dan Wolford, Science Director
Coastside Fishing Club - cc: The Honorable John Laird, Secretary, Natural Resources Agency
California Fish and Game Commission
