Ventura County Superior Court judge Steven Hintz has denied a request for a
Temporary Restraining Order on the new Channel Islands MPAs.  As noted in my
previous update, the MPAs will be implemented on April 9th, 2003.  The
judge's transcript is attached below for your information.

If you have any questions, please feel free to contact me directly.

John Ugoretz

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Honorable STEVEN HINTZ, Judge presiding.
Clerk: YVONNE Y. MEDINA.
Court Reporter: None.

Having considered the submitted matter, the Court rules as follows: **2-6-96
CHG SUP TO 'COM' FROM 'DAC'. HRG ACT SHOULD INDICATE WHAT RULING
IS 'GRA''DEN''JUDG'**
 
Application for a temporary restraining order is denied.

The court concludes that the approval of the environmental impact report is a
quasi-legislative act, as is the approval of the regulations.

After reading the voluminous exhibits submitted by the parties, the court
concludes that: a stay is against the public interest; the likelihood that
plaintiffs will ultimately prevail in the litigation is not proved to be
likely; and the interim harm to plaintiffs compared to the interim harm to
the interests of the state is not proved to be comparably greater.
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John Ugoretz
California Department of Fish and Game
1933 Cliff Drive, Suite 9
Santa Barbara, CA 93109
(805) 560-6758