Quote:
Originally Posted by dos ballenas
This MEMORANDUM has nothing to do with the MLPA process currrently under way.
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Actually, at first glance my thought is that this may have a potential impact on the MLPA. I'm not a constitutional lawyer so maybe ZenSpearo can jump on this, but I remember a little from a long time ago - something called the Supremacy Clause in the US Constitution. Basically, the US Constitution and federal laws supercede state laws; meaning that if the Feds intend to regulate the entire coastline/fishery, etc. and Congress ends up going that route then the federal regulatory scheme may supercede laws/regs that the State of California has or is trying to implement via the MLPA (it is a State-run deal, right?). Maybe even get rid of the NoCal and MidCal mlpa closures? Who knows.
It may not end up with the outcome we want (less closures) since the Feds may completely screw it up and close it all, but it could be a potential legal argument for the anti-mlpa crowd.
Just a quick thought ...