United anglers of southern california and pso partners file suit against marine life

[matt mattison]

Media Contacts: Steven Fukuto Ron Ballanti
UASC Strike Zone Communications
(562) 494-9900 (818) 349-4608
steve@unitedanglers.com strikezne@earthlink.net

UNITED ANGLERS OF SOUTHERN CALIFORNIA AND PSO PARTNERS FILE SUIT AGAINST MARINE LIFE PROTECTION ACT INITIATIVE



SACRAMENTO, Calif. (June 2, 2010) — The law firm of Allen, Matkins, Leck, Gamble, Mallory & Natsis, LLP, acting on behalf of United Anglers of Southern California (UASC) and petitioner Robert C. Fletcher, filed suit in California Superior Court Friday, May 28, 2010 against the Marine Life Protection Act Blue Ribbon Task Force (BRTF), the Marine Life Protection Act Master Plan Team (aka Science Advisory Team) and additional related defendants. According to the firm and UASC President Steven Fukuto, this action is the first step of a multi-stage litigation process.

The verified petition for writ of mandate and complaint was filed at the Sacramento County Courthouse for violation of the California Public Records Act, seeking declaratory and injunctive relief. The suit is tied to numerous requests made by the petitioner for key documents and records pertaining to California’s Marine Life Protection Act implementation process. The BRTF and Science Advisory Team failed to respond to these requests.

Fletcher commented on his petition and said, "It is my contention that both the BRTF and the Master Plan Team are subject to the requirements of the California Public Records Act. As such, their refusal to respond to my requests for certain MLPA related records and documents is a direct violation of that Act. According to California law, any person may institute proceedings for injunctive or declaratory relief or writ of mandate in any court of competent jurisdiction to enforce their right to inspect or to receive a copy of any public record. This is a necessary first step to allow a thorough and careful scrutinizing of the entire MLPA process."

This effort is being is spearheaded by 501(c)(3) non-profit United Anglers of Southern California with the support of the Partnership for Sustainable Oceans (PSO) and its members, which includes — in addition to UASC — the American Sportfishing Association, Berkley Conservation Institute, supporting members of the Avalon Tuna Club, Coastside Fishing Club, International Game Fish Association, Kayak Fishing Association of California, National Marine Manufacturers Association, NorCal Kayak Anglers, Shimano Sport Fisheries Institute, Sportfishing Association of California, Southern California Marine Association and Watermen’s Alliance.

“It has become more and more evident that the MLPA process is being steered off course by special interests — and political motivations — with dangerous potential for restricting many popular areas enjoyed by fishermen and other outdoor enthusiasts,” said Fukuto. “As Robert Fletcher said, this filing is a necessary and important first step in what will be an ongoing and thorough examination of this flawed process. Our legal team has identified several potential causes for action, and we will aggressively pursue any and all legal avenues to protect recreational access for fishermen and all Californians.”

[MiguelT]

nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice nice

Been counting the minutes for them to start jumping all over this one, I think it's going to get awesome and a huge thanks to these guys for going to bat for all of us!

[Ascendv6]

Bravo! Thank you to all who donated money, time and energy to allow this to happen. I can't wait to see what happens next!

Darren

[ocean_314]

Why dont someone sue demanding a stay of the whole MLPA process until a marine researve is clearly defined and what activities can take place in one?

This would stop the process in its tracks.

[SeaRanchAbLingr]

[SeaRanchAbLingr]

I hope this sets a precedent that can be used against/or also applies to the MLPA/MPA activities on the North Coast. Would be great to throw a wrench in their whole works. The thing was such a sham..

[peter culp]

Between that and the letter from senator Dutton, i have the ever so slightest ray of hope.

[5869]

Terrific!!

Thanks for posting that.

[zenspearo]

Originally Posted by Ascendv6

Bravo! Thank you to all who donated money, time and energy to allow this to happen. I can't wait to see what happens next!

Darren

Darren,

You were one of those who helped. The fundraiser at your house for WA was great (my wife still talks about the food).

P.S. Did you get the cooler and jacket from Alex? I sent them with him about two weeks ago.

[zenspearo]

Originally Posted by ocean_314

Why dont someone sue demanding a stay of the whole MLPA process until a marine researve is clearly defined and what activities can take place in one?

This would stop the process in its tracks.

Of the many grounds to sue, this one is actually not a good game plan.

The law already stated what the different MPAs are and the activities that can take place in each MPA category.

[zenspearo]

While this is encouraging news, this is only the start of the process.

Lawsuits take time and money. And the money is something our side is short, and the enviro foundations have tons of dough. The State has its own staff lawyers on the payroll so their legal cost for this lawsuit is already a sunk cost, so to speak.

To sustain the effort, fishermen/divers will have to step up and keep on fund-raising to help pay for the cost. If this effort is going to have a chance, they need resources to fight (lawyers, paralegals, studies, interviews, discovery cost, these things are not cheap and this can last for years).

How much has each of us contributed to RFA/FRA/WA/PSO/USAC/KFAC, etc...?

To put it in perspective, 35 dollars buys six minutes of a decent lawyer's time. A lawsuit may involve hundreds or thousands of hours of work.

And we want reasonably good lawyers working on the case, not some flunkies charging discount rates who can be out-worked, out-classed by the other side in the first match-up.

This is when the rubber meets the road, so to speak.

[grant]

Well done. It would be nice to see the process work and see the shady people behind this whole sham get put in place. As we are supposed to be a goverment of the people, by the people, and for the people we've got right on our side.

[Mobius1]

This is some nice news! I was finally able to pick up one of the lovely calenders today.

[ralphthehalibut]

This is a good start. Bravo to those involved.

It's just step one, unfortunatly. We need to keep hammering away.

Bravo to PSO and UAsc

["Yard-Sale Josh"]

Best damn thing I've heard in months.