Earthwatch December 2007
“Sealing” the Deal
by Derek Shaw
Records tracing back to the late 19th century reveal that harbor seals were among the first settlers of Southern California, even predating the establishment of the coastal town of La Jolla in San Diego County. Casa Beach, better known as the Children’s Pool, is a public setting that allows visitors to view wild animals in their natural habitat. The original intention of Ellen Browning Scripps in forming the “Pool” was to create a fully protected swimming area for kids, but sand has filled in much of the area inside the sea wall. As the shore formed, harbor seals abandoned their posts on nearby rocks and began to reoccupy the beach. By February 1999, the area was recognized as a “seal haul out and rookery site.”
Conservation laws like the 1972 Marine Mammals Protection Act help ensure that sea animals are protected—but their habitat remains vulnerable. Today, Casa Beach is home to harbor seals, offshore whales and dolphins, pelicans, colorful tide pool invertebrates and even the occasional sea lion and elephant seal. Past efforts to make Casa Beach a preserved area have failed, but the seals have thrived over the last two decades. They lounge about the beach, mate freely and reproduce every spring.
Opponents argue that there are an abundance of harbor seals throughout the state, and they believe that seals will continue to survive without the Children’s Pool for them to come to. However, the ability to intimately witness timid seals is a rare and special opportunity. If the seals lose shelter in San Diego, they will most likely move further south into Mexico.
Until 2004, the seals were protected by a rope which prohibited access to the Children’s Pool. Ongoing movements to dredge the beach sand were repeatedly shut down by the San Diego City Council until local swimmer Valerie O’Sullivan sued the city. She vowed to reclaim the Children’s Pool for families and make it a shared beach again. Her argument is that seals make the area unsafe and unhealthy. While it’s true that seal defecation pollutes the sand and water, it has never been reported to cause human illness. Also, mammal droppings are integral to the health of the marine biosystem since they fertilize kelp beds.
O’Sullivan won her lawsuit in 2005, and an appeal filed by the city was rejected. A judge ruled that Casa Beach should be dredged, which would effectively eliminate the haven for harbor seals. A recent survey of local residents sponsored by the La Jolla Friends of the Seals found that an overwhelming majority want the seals to stay put. At a November community meeting, outraged citizens voiced their frustrations with the current legal standoff. “La Jolla is synonymous with seals,” says Robert Thomas, a longtime La Jolla resident. “They are not harming anyone; if anything, they help support this city by drawing tourists.”
Today people can swim and dive in the Children’s Pool, one of nine public beaches in La Jolla, but the precarious legal state there is making for strained relations between casual beach goers, local residents and animal dwellers. City Attorney Mike Aguirre is currently appealing the case to the California Supreme Court; however, only five percent of cases submitted are even heard. The seals now rely on a successful appeal, or else the sand will soon be dredged.
If preservation efforts fail, a number of obstacles still remain for beach modification. In order to proceed, permission must first be granted by the California Coastal Commission and Engineer Corp. Permits and protests are sure to follow. In addition, the high costs of dredging beach sand may overwhelm an already strained city budget. La Jolla Friends of Seals is actively petitioning to stop the dredging and mobilize community support. Meanwhile, the Humane Society is pushing the State Supreme Court to hear the case. Also, the Save-Our-Seals Coalition is determining whether it can get a ballot initiative before voters that would permanently designate the beach for seals only.
For now, the matter is at a legal standstill. If the case isn’t heard, the future of seals in San Diego is in jeopardy. With over 500 miles of coastline available, reclaiming another California beach for human use is a tough pill to swallow for some local residents who consider the seals to be their neighbors.
“My kids grew up watching the seals,” Thomas says. “And new pups are always something my family looks forward to.”
Derek Shaw is a musician, skateboarder and writer. He loves his black lab Spot. Visit him (and his band) at www.myspace.com/thedoomsdaydevice