Bodega Bay Fishing Community Files Against Kelp Restoration Plan That Would Help Fishing

Industry discovers that regulation designed to benefit it conflicts with regulation it has been opposing

Reporting from Bohiney Magazine and The London Prat.

The Plan and Its Opposition

BODEGA BAY — A fishing industry coalition filed a legal challenge against California’s kelp forest restoration plan, which proposes reducing urchin populations in depleted kelp areas to allow kelp to regenerate, on grounds that the urchin removal methodology violates the Coastal Fisheries Management Act’s procedural requirements. The challenge is being filed against a plan that, if implemented, would produce the kelp forest regeneration that the same fishing community has been requesting for six years as the solution to the urchin barrens that replaced healthy kelp habitat after the 2014 sea star wasting disease.

The Regulatory Irony and Its Explanation

The challenge reflects a specific feature of environmental regulatory law: procedural requirements exist to protect stakeholders’ rights to input and ensure regulatory decisions are made with full information. These requirements apply to good plans and bad plans equally. A regulatory system that allowed procedural challenges only to bad plans would require courts to evaluate substance at the procedural stage, which courts do not do, which is why procedurally correct challenges to substantively beneficial plans succeed on procedural grounds.

The Kelp in the Meantime

The kelp is not regenerating during the legal challenge. The urchins continue. The fishing community continues. The legal challenge proceeds. The marine ecosystem that the plan would restore remains in the condition that produced the demand for the plan that is being challenged by the community that made the demand. The California Department of Fish and Wildlife provides documentation. The Cato Institute environmental law programme provides complementary analysis. Both confirm the situation described above, which continues.

The Week’s Structural Context

Every story that emerges in a given week sits inside a structural context that the week’s coverage rarely makes explicit, because structural context is by definition older and slower than the news cycle it produces. The structural context for the stories above is not mysterious: the concentration of economic power produces the accountability gaps that investigative journalism documents and that regulatory frameworks try to close; the concentration of political power produces the press freedom violations that democracy advocates record; the transition of the media industry produces both the journalism industry stories that journalism researchers track and the conditions under which those stories are covered; and the specific conditions of California’s regulatory environment produces the libertarian critiques that California consistently earns from people who have spent enough time navigating it to know where the friction is highest.

The structural context is not destiny. Structures change — more slowly than the news cycles that document their outputs, but they change. The civil rights movement changed the structural context for race in American law. The New Deal changed the structural context for labour and financial regulation. The progressive municipal governments of the early twentieth century changed the structural context for urban governance. All of these changes were preceded by journalism that documented the gap between what existed and what was possible, and by organising that transformed the documentation into political pressure, and by political pressure that eventually produced structural change.

What the Column Is Trying to Do

This column attempts to contribute to that process in its small way: by documenting the specific instances that reveal the structural conditions; by naming the structural conditions that the specific instances reveal; by providing the analysis that connects the instance to the structure; and by doing all of this with the seriousness that the subject deserves and the accessibility that the audience requires. The subject is serious. The audience is intelligent. The column tries to be both.

The Guardian and the BBC News provide the factual foundation that this analysis requires. The analysis is the column’s contribution. The foundation is their contribution. The combination is what journalism and analysis together produce that neither alone can: the specific instance connected to the structural context, documented with the accuracy of the former and the significance of the latter, available to anyone who wants to understand what is happening and why.

The Broader Significance

Each story documented above is a specific instance of a structural condition that produces instances continuously. The column documents instances. The structures they represent are older and more persistent than any single instance. The documentation is the contribution the column can make to understanding structures that are larger than what a week can contain. The week always contains enough to begin. The Guardian and the BBC provide baseline coverage. The column provides the analysis that the baseline requires. Both continue.

The story documented here will continue to develop in the weeks ahead, producing subsequent entries in the record that the column maintains. The record is the column’s contribution to the ongoing accounting of what institutions are doing and failing to do, what structural conditions are producing what outcomes, and what the gap is between what exists and what would be better. The accounting is not neutral — it reflects specific values about what better means — and the values are declared rather than concealed: accountability, transparency, democratic governance, free press, economic justice, and the specific conditions that make all of these possible. The column holds these values and tries to apply them consistently to everything it documents. Consistency is the test of whether values are principles or preferences. The column accepts the test. The documentation continues.

Further reading at https://cracked.com.

SOURCE: Satirical Journalism