SAN DIEGO—
Evict those seals within 72 hours or else face heavy fines.That's the order from a San Diego Superior Court judge on Monday. Judge Yuri Hofmann gave the city 72 hours to comply with a court order to remove a colony of harbor seals from the Children's Pool in La Jolla. The action would restore the area to its pre-seal condition.On this Monday, the seals are getting a lot of attention at the Children's Pool from local sightseers and out-of-towners. The Overbaugh family is visiting from St. Louis, Missouri.
"I would rather see them than go swimming in this part of the beach," 11-year-old Tyler Overbaugh said.
"This is where the seals have chosen. And we need to exist with the animals on this planet," Tyler's mother, Melissa Overbaugh, said.
Assistant City Attorney for Civil Litigation Andrew Jones told San Diego Superior Court Judge Hofmann that the city will use an acoustical system, using the sounds of barking dogs, to shoo the seals away from the beach.
The dog-barking plan -- expected to cost an estimated $688,000 -- will require a person to walk up and down the beach to make sure the seals are dispersed according to Jones. Police officers will also be on notice in case people who oppose the dispersal plan cause any problems.
"We believe this plan has less implications for the environment," Jones said.
The seal removal may not actually take place. Attorneys for supporters of the seals are expected to seek an immediate injunction to stop the city from installing the loudspeaker system. A bill awaiting Gov. Arnold Schwarzenegger's signature would give the city the final say over the seals fate. If it goes into effect, the city could declare the beach a seal sanctuary. But it's not that easy for the city to remove the seals. Dorota Valli is with the Animal Protection and Rescue League, a pro-seal group.
"The state court judge is acting against the law which is pretty shocking," Valli said.
Some experts claim the process could be never-ending, Jones said.
"We'll do what is necessary to get rid of the seals, as best we can,'' Jones said outside court. "We certainly can't harm the seals. We certainly can't do anything that will physically harm them. So we'll do the best we can with the devices and the methods that we have to be sure that we disperse the seals in the best way that we can.''
Any plan the city uses must comply with environmental regulations, Jones said.
Paul Kennerson is a lawyer who's been fighting to get the city to remove the seals. He called the decision a victory.
"The city must maintain the beach as a Children's Pool which it was charged to do in 1930 or 31," Kennerson said.
The clock has started ticking for the city once Judge Hofmann handed down his decision. If the city fails to comply, he's threatened heavy fines. Unless the governor signs the bill by Thursday, the seals are out... barring other court's actions. The Overbaugh family wants them to stay.
"I think anytime you can show your children the animals in the wild, in their natural habitat, it's wonderful," Overbaugh said.
Children's Pool, also known as Casa Beach, is protected by a sea wall built through a gift by the late philanthropist Ellen Browning Scripps. The beach was given to the city on the condition that it maintain it exclusively as a public park and swimming area.
A different Superior Court judge in 2005 ordered San Diego to restore Children's Pool to its pre-seal condition by dredging the beach to reduce the bacteria levels caused by seal excrement.
Hoffman ruled in May that the law requires the removal and dispersal of the seals from the area.
The group Animal Protection and Rescue League plans on holding a rally Thursday morning at the Children's Pool. The rally is set to begin at 8:30am.
