Michael Ruiz
Chief Park Ranger
City of San Diego Parks and Recreation Department
September 12, 2024

I have outlined the duties and responsibilities for Park Rangers below to help clarify each agency’s role along the City’s coastline.

BACKGROUND
Sea lions are protected under the Marine Mammal Protection Act (MMPA) which is federal law. The federal agency responsible for enforcement of this act is the National Oceanic and Atmospheric Administration Fisheries (NOAA) which is part of the Department of Commerce. Because of this, the City lacks the authority to enforce any provision of the MMPA including acts such as the prevention of humans from approaching sea lions, regardless of whether it is pupping season or not. Doing so would be interpreted the courts as unauthorized enforcement. No other agency, whether federal, state, or local, can enforce unless this power is delegated to them by the federal government. This delegation of authority would require legislative action at the congressional level, and subsequently at the state level.

ENFORCEMENT
Park Rangers work with NOAA to report observed violations to them for enforcement. A person who witnesses a citable act of marine mammal harassment should contact NOAA with any evidence.

To report a violation, you can contact the NOAA Fisheries Enforcement Hotline at (800) 853-1964 to speak to a live operator on 24 hours a day, 7 days a week.

The only ability that the City has in issuing citations related to sea lion activity, within this particular area, is for Point La Jolla and Boomer Beach which are located immediately adjacent to La Jolla Cove, not La Jolla Cove itself. Both Point La Jolla and Boomer Beach are under a year-long closure which is codified in the San Diego Municipal Code (SDMC), specifically, in section 63.0102 (g)(2) which reads as follows:

San Diego Municipal Code 63.0102 (g)(2)

Regulations for the Use of Point La Jolla and Boomer Beach Areas

 (2) It is unlawful for any person to be on or to cause any person to be on the closure area of Point La Jolla and Boomer Beach, as described in San Diego Municipal Code section 63.0102(g)(4) and shown in Figure 2, except employees or agents of the City of San Diego performing maintenance, repair, or rescue activities.

Per SDMC, a Park Ranger, a Police Officer or Lifeguard has the authority to issue a citation for anyone entering the Point La Jolla/Boomer Beach area. In addition to the SDMC, the City is mandated by the California Coastal Commission (CCC) to meet the conditions of the Coastal Development Permit (CDP) it issued to the City. These conditions require signage to be posted, as well as daily, year-round Park Ranger presence to enforce the closure. The City has, and continues to meet, the conditions of the CDP. As mentioned above, NOAA has jurisdiction over sea lions per the Marine Mammal Protection Act.

PUBLIC EDUCATION AND SIGNS
City staff place signage provided by NOAA at the top of the walkway to the entrances to La Jolla Cove, warning the public to remain at a safe distance and to not take “selfies”. Additionally, Park Rangers set up a mobile interpretive display Friday, Saturday, and Sunday to provide enhanced education surrounding safe observation of marine mammals at Point La Jolla and surrounding areas, including La Jolla Cove.

The City is also engaging with the San Diego Tourism Authority to reach visitors before they reach the La Jolla area and are already informed on how to safely observe marine life at a distance.

Lastly, City Lifeguards communicate to the public via the La Jolla Cove’s Lifeguard Observation Tower’s public announcement system to warn the public to remain a safe distance from the sea lions.

Communicating to the public via the La Jolla Cove’s Lifeguard Observation Tower’s public announcement system is the safest, most efficient way to warn the public to remain a safe distance from the sea lions.

- Michael Ruiz
Sept 4, 2024 email