Central Coast Fisheries Conservation Coalition Demands Sutton's Resignation from the Fish and Game Commission

SACRAMENTO, Calif.--(EON: Enhanced Online News)--After almost a year of denials, Fish and Game Commissioner Michael Sutton has finally acknowledged that his position as an employee and vice president of the Monterey Bay Aquarium conflicts with his role as a Commissioner. During the Commission meeting on March 3, 2010, Commissioner Rogers, referring to the issue of scientific collection permits in Marine Protected Areas (MPAs) stated, in Sutton's presence: "… Commissioner Sutton has to recuse himself from that discussion because the Monterey Bay Aquarium is actually involved as you know in scientific collections." Sutton reportedly recused himself from the discussion on such permits in MPAs at the Marine Resources Committee meeting on February 16, 2010.

“extends to the formation and amendment of the MPAs in which the Aquarium will have scientific collection permits.”

“It is obvious that the Aquarium has a financial stake in any decision relating to scientific collection permits in MPAs," said CCFCC Director Harold Davis. “As Commissioner Rogers said at the Commission meeting on March 3, 2010, scientific collection is 'big business.' This is certainly true in the case of the Aquarium, which profits from the fees it charges to the public to view the marine creatures and plants that it collects and displays. Moreover, there clearly is a benefit to being allowed to collect these specimens in MPAs, areas designated by the Commission where fishing and other uses by the public are restricted or forbidden."

While Sutton's acknowledgment of a conflict is limited to decisions on scientific collection permits, the CCFCC charges, in a letter sent to the Commission on March 19, 2010, that his conflict of interest "extends to the formation and amendment of the MPAs in which the Aquarium will have scientific collection permits." The CCFCC points out that "it would be inconsistent and irrational for Commissioner Sutton to take the position that he must recuse himself from discussions and votes concerning scientific collection permits in MPAs but that he can vote to establish the very protected areas in which restraints are placed on the general public's use while extraction for scientific purposes by his employer is allowed."

Davis explained that conflicts of interest are evaluated not merely under the Political Reform Act, which governs only financial conflicts, but also under the common law rules, which are much broader and relate to any actual or potential conflict and to the mere appearance of a conflict. Former FGC Commission President Cindy Gustafson apparently recognized this when she resigned last year, saying that her position as general manager of the Tahoe City Public Utilities District might give rise to a conflict sometime in the future even though, according to her resignation letter, "... no past, present or currently foreseen issues have presented any concern whatsoever, [but] there is a hypothetical possibility that a future issue may arise and the law is quite clear that even this possibility creates the incompatibility described in the law."

"We find it amazing that Sutton, who has admitted that he has a conflict of interest, believes he can continue to sit on the Commission and make decisions which benefit his employer," said Davis, “given that Gustafson found it necessary to resign from the Commission with 'no past, present or currently foreseen' future conflicts." The CCFCC has asked the Commission to confirm that Sutton will not vote on any issues relating to MPAs or, if the Commission refuses to provide this confirmation, for a written explanation of the reasons for its refusal. The CCFCC believes the proper course would be for Sutton to resign. “We call for Sutton's immediate resignation from the Fish and Game Commission because of his now self-admitted conflict of interest,” said Davis.