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 May 07, 2009

Rope Barrier at La Jolla cove Children's Pool Set to Come down
The legal proceedings continue as the date of May 15, 2009 has been set to take down the temporary rope barrier which blocks the general public from the harbor seals which have made their home at the La Jolla Children's Pool. May 15 marks the end of the seal's annual pupping season.
Judge William Q. Hayes ruled on April 28, 2009 to dismiss a complaint previously filed by seal advocates. They sought to get the court to strike down a previous judgment made by the National Marine Fisheries Service which stated that the City of San Diego did not require a federally-issued permit to "remove nuisance animals" from the La Jolla Children's Pool area.

Judge Hayes stated in his ruling that his court had no jurisdiction to proceed against federal defendants.

Bryan Pease, an attorney for the Animal Protection and Rescue League stated that the city of San Diego gave the organization 30 days after the temporary rope barrier is removed on May 15 to file briefs on the pending jurisdictional issue.

Judge Hayes decision was applauded by Paul Kennerson, an attorney who is representing his client who is seeking to have the seals removed from the Pool.

There is currently a bill (SB 428) which is intended to make seal habitation of the Children's Pool area permitted making its way through the state legislature.