The HSUS Asks Calif. Supreme Court to Protect San Diego Seals

Humane Society

November 8, 2007


The Humane Society of the United States is asking the California Supreme Court to reverse a lower court decision that would require the City of San Diego to harm and harass harbor seals in violation of the federal Marine Mammal Protection Act.

The dispute surrounds Children's Pool Beach in La Jolla, where roughly 200 harbor seals haul-out and give birth to pups each year. Uniquely located within the City, the beach is an extremely popular spot for wildlife lovers and tourists to watch the shy but playful seals, without disturbing them. But in 2004, Valerie Sullivan, a San Diego resident, sued the City for protecting the seals and their pups, instead of maintaining the beach purely for swimming.

In September, the appeals court agreed with Sullivan and ordered the City to dredge the beach and remove the seals. As explained in The HSUS' "friend of the court" filing in support of the City, the appeals court's order ignored the federal Marine Mammal Protection Act's strict bar on harming or harassing marine mammal species.

"The City should not be required to eliminate federally protected seals to placate a small, vocal minority of residents," said Jonathan R. Lovvorn, vice president of animal protection litigation for The HSUS. "Federal law requires that these seals be protected, not persecuted, and we commend the City for fighting to make sure that people and wildlife will continue to share San Diego's beautiful beaches."

The Humane Society is represented pro bono in the case by Gibson, Dunn & Crutcher LLP.

http://www.hsus.org/press_and_publications/press_releases/hsus_calif_supreme_court_la-jolla_harbor_seals_pups_lawsuit_11-08-07.html




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