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SDNews.com
Home SDNews

Seal pup saved, but federal law broken?

Tech by Tech
May 8, 2008
in SDNews
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Seal pup saved, but federal law broken?

A local substitute schoolteacher who would identify herself only as Animal Lover said she helped four other people rescue a baby seal bound with a fishing net Tuesday night at the Children’s Pool.
In an interview with the Village News, the woman said that after continuously watching footage of the baby seal on television, she helped two women and two men “” strangers to her, joined in a cause to save a wriggling marine mammal “” at the Children’s Pool beach at dusk. The five waited for seal activists and lifeguards to leave before they walked to the rookery on the sand.
None had a plan, except to save a pup entangled in a green fisherman’s net since late Saturday, according to witnesses.
“I was standing there with the other person who had cutting tools and a flashlight,” Animal Lover said.
The woman described how one man began to act like a seal so he wouldn’t scare the colony.
“He was wearing seal clothes,” she said, re-enacting the man’s actions of writhing on the sand to get closer to the injured pup.
Animal Lover held the same net she brought Tuesday night to assist the group, which she said she previously purchased to save injured seagulls. She said one man freed the pup without incident.
“The seal slithered into the ocean and the seal was just fine,” she said. “The seal was fine. And no other seals were harmed in the process.”
In all, the rescue took a few hours, she said. It occurred around 8 p.m. Although no seals were on the beach the next morning, Animal Lover did not think the group was responsible.
“I think the seals are probably out fishing,” she said. “Last night they were still there.”
Dorota Valli, Animal Protection Rescue League (APRL) coordinator for SealWatch, confirmed Animal Lover’s timeline. According to Valli, APRL attorney Brian Pease received a call around 8 or 9 p.m. May 6. Valli said she went to the Children’s Pool after the call, arriving around 10 p.m. When Valli arrived, she said that although she couldn’t see anything, she thought the seal colony was on the beach.
Sunday morning, Valli reported the seal to SeaWorld and the National Oceanic and Atmospheric Administration’s (NOAA) Marine Fisheries, she said. Because of the Marine Mammal Protection Act, which makes any type of human interaction that interferes with the seals a federal offense, NOAA must determine when SeaWorld can intervene.
Joe Cordaro, of U.S. Fisheries, NOAA, said he was waiting for the seal to become more isolated before letting SeaWorld rescue it. Animal Lover and others pointed out that NOAA was waiting a long time, but Cordaro said that this seal colony has undergone a high amount of stress this year.
“One of the things I want to point out is that people have been upset about that animal, but people should be upset that the whole colony is at risk because of the state ruling,” Cordaro said, referring to an earlier court ruling that the beach must be dredged and returned to a pollution-free state. The Children’s Pool has been contaminated by E. coli from seal feces for several years, and previous court rulings regarding the Children’s Pool beach have been a point of contention for years.
“My intention with not allowing the seals to be harassed is with the whole colony,” Cordaro said. “I don’t want to see any seals die.”
Though Cordaro was in contact with SeaWorld officials, he said they were concerned the seal pup could have been injured during the rescue.
Dave Koontz, communications director with SeaWorld, said marine park biologists don’t perform rescues during the night and they hadn’t gotten authorization from the Fisheries Service. Because the Children’s Pool is a rookery, Koontz said, it is different than if a seal becomes stranded on a public city beach, such as Imperial Beach.
Because civilians performed the operation, NOAA officials said they would look at any information gathered and present it to their general council before determining if any person or group broke the law.
“If readers see people bothering the seals or have any information about this incident, then they can call it into the office of law enforcement,” said Don Masters, special agent in charge of NOAA Fisheries Service. The number is (800) 853-1964.

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