Citations issued to Eric Bizzigotti and Dan Byrnes in February for seal harassment at La Jolla’s Children’s Pool have been dismissed by both city and federal courts, according to a representative from the Fisheries Office for Law Enforcement. A citation was issued to Bizzigotti after he and his son were playing catch at the Children’s Pool on Feb. 20 and their foam football fell into an area occupied by seals. Upon Bizzigotti’s attempts to retrieve the ball, approximately 40 seals scattered into the water. Video footage of the incident was caught on tape by seal activist Andrea Hahn and sent to federal authorities at the National Oceanic and Atmospheric Administration (NOAA). One week later, NOAA agent Michelle Zetwo issued a $500 citation to Bizzigotti for violation of the Marine Mammal Protection Act of 1972, a federal law that prohibits the harassment of marine mammals, including acts that are likely to disturb a marine mammal’s natural behavior. Two more citations were issued, one to Byrnes and another to Bizzigotti, on March 13 by park ranger Lisa Wilson when the two were playing frisbee in the same area. The citations were issued for violations of two San Diego Municipal Codes — one for disturbing the animals and another for playing frisbee in a non-designated sports area. Seal activists are disappointed by the courts’ decisions to dismiss the citations. “If this is dismissed, all of our work is futile,” said Dorota Valli, San Diego Seal Watch campaign coordinator. “We see extremely weak, if nonexistent, enforcement here.” Ellen Shively, president of La Jolla Friends of the Seals, said the gray area of enforcement must be made black-and-white. “It’s a sad situation because it leaves the beach without any enforceable law. It puts at a disadvantage any efforts to manage the beach responsibly,” she said. “The city has left it a contentious area.” Shively said La Jolla needs specific guidelines from the city, adding that there are numerous other cities along the coast with set rules protecting marine wildlife that the city could emulate. “The city has to enforce its own laws. That’s the weak link here,” Shively said. She said she envisions a solution that is much different than the current “shared use” situation. “The solution would be to create a marine mammal park designated as a seal viewing observation area,” she said. Shively said the vague sign recommending that beachgoers “keep a safe distance” is not enough. “The National Marine Fisheries Service recommends that people stay 50 feet away from wild animals,” she said, adding that beachgoers use their own — often mistaken — discretion when deciding what a safe distance is between the seals and themselves. Shively said she will send a query to the authorities regarding what she said is a lack of enforcement of the Marine Mammal Protection Act.
