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HomeMy WebLinkAbout20 - Sea Lion Related OrdinancesCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 20 January 24, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, (949) 644 -3002 dkiff @citv.newport- beach.ca.us Harbor Resources Division (City Manager's Office) Tom Rossmiller, (949) 644 -3041 trossmille05)city. newport- bea ch. ca. us SUBJECT: SEA LION RELATED ORDINANCES ISSUE: Should the City Council approve two ordinances that may discourage sea lions from staying in Newport Harbor for long periods of time? And should the City embark upon an education effort to limit food, haul -out areas, and other things that tend to make sea lions stay longer? RECOMMENDATIONS: 1. Introduce Ordinance No. 2006 -_ related to the feeding of non - domesticated animals, and pass to second reading on February 14, 2006; 2. Introduce Ordinance No. 2006 -_ related to vessel security on moorings and harbor structure security from sea lion boarding, and pass to second reading on February 14, 2006; 3. Approve the public information bulletin; 4. Approve the sample commercial vessel advertisement sticker; and 5. Direct Harbor Resources staff to implement the educational component of the program including the public information bulletin mailing, the publishing of approved deterrent measures on the Harbor Resources website and the distribution of public notification materials to commercial harbor activities businesses before April 1, 2006. BACKGROUND: Approximately 20 to 25 sea lions were seen in Summer 2005 plying the waters of Lower Newport Bay, especially in the vicinity of the "A" mooring area. The sea Sea Lion Issues January 24, 2006 Page 2 lions "haul out" (get onboard) on low freeboard vessels and unprotected swim steps and bark continuously to assert territory. The sea lions have damaged and sunk vessels and have aggressively charged kayaks with adults and children. Control of sea lion access to easy haul out sites and control of indirect feeding of sea lions has been shown to effectively deter their prolonged presence in particular locations. In September 2005, the Harbor Resources Division presented a report to the Harbor Commission about sea lion deterrent measures employed at other harbors on the West Coast and about ordinances adopted by other municipalities related to sea lion feeding. The Commission then recommended that a subcommittee be formed of Commissioners Beek, Collins and Rodheim to write new municipal ordinances relating to sea lion feeding and deterrent measures. Several iterations of the ordinances were drafted and reviewed with the assistance of the subcommittee, the City Attorney's office, volunteer members of the Mooring Master Plan Subcommittee and interested citizens. The Harbor Commission approved the final draft of the ordinances and related material at its November 2005 meeting. On December 8, 2005, we presented the draft ordinances to a Sea Lion Non- lethal Deterrent Workshop sponsored by federal agencies in La Jolla, California. We showed the workshop participants the final draft of the ordinance and related materials and requested feedback on the approach. The participants encouraged us to implement the program as soon as possible. Of particular interest was a comment from the Harbormaster from the City of Monterey. He suggested that had Monterey implemented such a program when Monterey's sea lion problem was developing, the magnitude of Monterey's resident sea lion population (up to 1,500 seasonally) may have been significantly reduced. The proposed ordinances do the following: An Addition to Title 7. Title 7 of the Municipal Code provides regulations related to animals. We added Chapter 7.30 (Wildlife Protection) to this Title to reduce the attraction of the sea lions to Newport Bay by reducing the potential for easy meals. In doing so, we are providing a protection to the sea lions from adverse human interaction. The specifics of the proposed ordinance on Wildlife Protection are as follows: • Section 7.30.010 simply states that it is unlawful to directly feed non - domesticated animals. • Section 7.30.020 provides an exception for those persons that hold a valid permit • Section 7.30.030 makes it unlawful to indirectly feed non - domesticated animals by depositing food refuse, fish or fish parts into the Bay. Specifically listed are activities such as: Sea Lion Issues January 24, 2006 Page 3 • Washing down vessels or docks containing fish, fish parts or food; • Pumping of bait out of holding tanks; and • Placing, dropping, dumping, or throwing food, fish, fish parts or refuse from a public pier. • Section 7.30.040 requires businesses that engage in charter fishing, harbor tour, passenger vessels, or day -use rentals to keep a copy of Chapter 7.30 in a conspicuous place on the vessel or premises and to notify all persons using the vessel about the provisions of this Chapter. o In order to efficiently administer this section of the ordinance we propose to hand out stickers (as shown in the attachment) for businesses to use on their vessels. An Addition to Title 17 — Deterrent Measures. The second of the proposed ordinances attempts to limit easy haul out sites within Newport Bay. It also sets forth a process to notify vessel owners and Harbor structure permittees of sea lion boarding. It then requires the implementation of National Marine Fisheries Service- (NMFS) permitted deterrent measures. The proposed addition of Chapter 17.22 is as follows: • Section 17.22.150 A. and B. are provided for clarity of how the amendments fit into the Municipal Code and have no substantive changes. • Section 17.22.150 C. addresses sea lion boarding of a moored vessel and requires the mooring permittee to employ appropriate deterrent measures. The process involves: • If the City or Harbor Patrol determine that a sea lion has been boarding a vessel; then they provide the permittee with a notice • The permittee has 30 days to employ appropriate deterrent measures • If deterrent measures have not been employed within 30 days, then a second notice will be sent to the permittee • The second notice advises the permittee that the permitee has seven days to employ an appropriate deterrent measure or remove the vessel. • Section 17.22.150 D. provides that marine construction and contracting firms are exempt from the requirements of parts A and B but not C. • Section 17.22.150 E. allows enforcement of Section 17.22.150 through the administrative citation process. o $100 first cite o $200 second cite within one year of the first cite. o $500 third and additional cites within one year of the first cite. We also propose a new section (Chapter 17.24) related to structures in the harbor. The proposed addition of Chapter 17.24 is as follows: • Section 17.24.085 A. is written similarly to Section 17.22.150 C. except for the clause related to the option of removing the vessel within 7 days of the second notice. Sea Lion Issues January 24, 2006 Page 4 • Section 17.24.085 B. provides for enforcement of Section 17.24.085 through the administrative citation process as noted above. • Section 17.24.085 C. allow for appeals of determinations of the Harbor Resources Director to the Harbor Commission. The City Attorney's Office has reviewed and approved the final draft of these ordinances. PUBLIC INFORMATION / EDUCATION The next part of our sea lion program for Newport Bay is the educational element. Attached is an information bulletin that we plan to send out to residential dock, commercial dock and mooring permittees, and all of those businesses potentially impacted by these ordinances. In addition, we will publish all NMFS - permitted deterrent measures on our web site along with other interesting and helpful information related to sea lions in Newport Bay. ENVIRONMENTAL REVIEW: The City Council's approval of this Agenda Item does not require environmental review. PUBLIC NOTICE: This agenda item has been noticed according to the Ralph M Brown Act (72 hours in advance of the public meetings at which the City Council considers the item). Funding Availability: These ordinances can be implemented with existing resources available in the Harbor Resources Division budget. Prepared by: Submitted by: DI-C-rTp� Tom Rossmiller Harbor Resources Manager Attachments: Draft Ordinances Public Information Bulletin Draft Vessel Sign a,-e� �-� Dave Kiff Assistant City Manager Sea Lion Issues January 24, 2006 Page 5 Draft Vessel Sign Don't Throw Anything Overboard In Newport Bay It is a violation of Section 7.30.010 of the City of Newport Beach Municipal Code to feed wildlife in Newport Bay. 1�k UNN O 4x,­ l T � jam, .4 41FOAV�N Draft Public Information Bulletin Sea Lion Issues January 24, 2006 Page 6 On January 24, 2006 the City of Newport Beach City Council had its first reading of a proposed ordinance related to feeding of sea lions in Newport Bay. Purpose of Proposed Ordinance The purpose of this proposed ordinance is to minimize the introduction of non - domesticated animals into the urbanized area of Newport Bay where continuous inhabitation may cause problems related to water quality (fecal pollution and oil pollution with sinking vessels), property damage, human safety, noise, smell or damage to in -bay fisheries. Some Interesting Facts about Sea Lions Sea lions are protected under the federal Marine Mammal Protection Act; however, they are not listed as a threatened or endangered species. In fact, the current population of California Sea Lions is estimated to range from 237,000 to 244,000. The population has grown at an average annual rate of 10.2% since 1983. They migrate along the Pacific Coast waters from Baja to British Columbia and their primary breeding rookeries are the Channel Islands. Their natural food source is about fifty different species of fish and they consume about 5 to 8% of their body weight per day. That's a lot of fish for a male that can weigh up to about 880 pounds. Since heat loss for a sea lion is about 27 times faster in . water than in air of the same temperature, sea lions tend to "haul out" for up to seven hours per day. Haul out refers to the abrupt projection of a sea lion's weight from the waters of the harbor onto a solid and dry surface. Single or frequent haul outs can cause significant damage to vessels, docks, navigation buoys and other surfaces. The Problem with Sea Lions in Newport Bay Sea Lions are beautiful animal to watch swim and frolic in our coastal waters and are an important part of our ecosystem. However, with the federal protection and lack of predators their numbers have grown significantly. They are opportunistic in their search for plentiful and easy sources of food and haulout sites. Newport Bay provides many opportunities but not without significant impact on environmental, public and private resources. Their continued presence in large numbers can: Sea Lion Issues January 24, 2006 Page 7 • Impact the juvenile fisheries population significantly in Newport Bay especially with the return of the eelgrass beds as nurseries for many species of fish • Cause water quality problems related to fecal pollution and oil pollution when they sink small vessels • Sink boats when many of them haul out for an afternoon sunning session • Damage docks, piers and boats due to weight, impact when jumping aboard and fighting with other sea lions for territory • Increase the aggressive incidents with humans • Create an almost continuous noise problem when they are communicating with other sea lions in the fight for and defense of territories • Create local pungent odor problems at sites used for haulout A Legal and Environmentally Friendly Solution The NOAA/National Marine Fisheries Service (NMFS) is the federal agency responsible for protecting the sea lions under the Marine Mammal Protection Act. The City has consulted with NMFS to determine approved deterrent measures that do not harass the animals but have been shown to be effective in reducing the problems just discussed. The City of Newport Beach has recommended environmentally friendly measures to boat and property owners for reduction of property damage. These measures are published on the City of Newport Beach/ Harbor Resources website and will be updated periodically with the assistance of NMFS. The City of Newport Beach is also seeking to reduce the sea lion population in Newport Bay by reducing the direct and indirect feeding of sea lions through the introduction of an ordinance and an educational program regarding improper practices of recreational and commercial fisherman and commercial boat operators. A copy of the proposed ordinance is attached. The City of Newport Beach is Requesting Your Help • Please do not harass the sea lions, in any way • Please do not feed sea lions • If you see someone else feeding sea lions, then please remind them that this activity causes many problems in our bay • If you own a boat or dock, then please check it at least weekly for signs or sea lion use and then refer to the City's website for appropriate deterrent measures • Please be mindful that the "ocean begins at your front door" and don't wash anything from your property, dock or boat that could find its way into the bay. • Please do not throw anything overboard when enjoying the waters of our bay Sea Lion Issues January 24, 2006 Page 6 ORDINANCE NO. 2006- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADDING CHAPTER 7.30 TO TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO WILDLIFE PROTECTION NOW THEREFORE, the City Council of the City of Newport Beach, California, HEREBY ORDAINS as follows: SECTION 1: Chapter 7.30 of Title 7 of the Newport Beach Municipal Code is hereby added and shall read as follows: Chapter 7.30 WILDLIFE PROTECTION Sections: 7.30.010 Feeding of Non - Domesticated Animals Prohibited. 7.30.020 Feeding of Non - Domesticated Animals — Exceptions. 7.30.030 Depositing of Food, Refuse, Fish or Fish Parts Prohibited. 7.30.040 Notification of the Public Required. 7.30.010 Feeding of Non - Domesticated Animals Prohibited. It shall be unlawful for any person to feed or provide food to any non - domesticated animal. 7.30.020 Feeding of Non - Domesticated Animals — Exceptions. It shall not be a violation of Section 7.30.010 for a person to feed or provide food to a non - domesticated animal when the non - domesticated animal is maintained, treated or fed pursuant to a valid certificate or permit issued by the County of Orange, the State of California, or an agency of the United States Government. 7.30.030 Depositing of Food, Refuse, Fish or Fish Parts Prohibited. A. It shall be unlawful for any person to deposit, put, place, drop, dump or throw or cause to be deposited, put, placed, dropped, dumped or thrown any food, refuse, fish, or fish parts into the waters of Newport Bay including, but not limited to, washing down a vessel or dock containing fish parts, bait or food into the waters of Newport Bay; or pumping live or dead bait out of holding tanks of a vessel or a dock into the waters of Newport Bay. Sea Lion Issues January 24, 2006 Page 9 B. It shall be unlawful for any person to deposit, put, place, drop, dump or throw or cause to be deposited, put, placed, dropped, dumped or thrown any food, refuse, fish, or fish parts on to any public pier, except in containers provided therefore. 7.30.040 Notification of the Public Required. Any person who engages in the business of: chartering vessels including, but not limited to, chartering fishing, harbor tour, and passenger vessels; or renting day -use boats, shall keep a copy of Chapter 7.30 posted in a conspicuous place on the vessel or boat and upon the premises where such business is conducted and shall notify all persons using the vessel or boat of the provisions of this Chapter. SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the day of 2006, and adopted on the day of , 2006, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYO ATTEST:_ CITY CLERK Sea Lion Issues January 24, 2006 Page 10 ORDINANCE NO. 2006- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING SECTION 17.22.150 OF CHAPTER 17.22 OF TITLE 17 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO MOORING, ANCHORING AND VESSEL CONDITION REQUIREMENTS, AND ADDING SECTION 17.24.085 TO CHAPTER 17.24 OF TITLE 17 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE SECURING OF STRUCTURES NOW THEREFORE, the City Council of the City of Newport Beach, California, HEREBY ORDAINS as follows: SECTION 1: Section 17.22.150 of Chapter 17.22 of Title 17 of the Newport Beach Municipal Code is hereby amended and shall read as follows: 17.22.150 Mooring, Anchoring and Vessel Condition Requirements. A. Mooring Anchoring. All vessels using moorings in Newport Harbor shall be firmly anchored to a mooring from bow and stern in such a manner as to prevent the vessels from swinging, turning or drifting, except in areas designated by the Harbor Resources Director as single mooring areas. Vessels in single mooring areas may be tied from the bow or stern only. B. Vessel Condition -- Seaworthiness and Operability. Vessels must be maintained in an operable and seaworthy condition. If, based upon the appearance of the vessel, inspection by the City or Orange County Harbor Patrol or other facts, the Harbor Resources Director has cause to believe a vessel is not seaworthy and operable; the Harbor Resources Director shall give written notice to the permittee requesting a demonstration that the vessel is seaworthy and operable. The permittee shall, upon written notice specifying the date and time, demonstrate to the Harbor Resources Director that the vessel assigned to the mooring is seaworthy and /or operable. In the event that the Harbor Resources Director determines that vessel is not seaworthy or operable, the permittee shall: (1) commence repairs within thirty (30) days of the mailing of the written notice of such determination and complete repairs within ninety (90) days of the commencement unless the Harbor Resources Director, upon written request from the permittee specifying the reasons therefore, approves an extension of time to complete the repairs; or (2) remove the vessel within thirty (30) days of the mailing of the written notice of such determination and request assignment of a different vessel that is seaworthy and operable to the mooring within sixty (60) days after the removal of the vessel. This section is not intended to apply to any brief period of repair common to most vessels. The Harbor Resources Director Sea Lion Issues January 24, 2006 Page 11 may repeat his request to test operability or seaworthiness of a vessel as needed. C. Vessel Security. If, based upon the appearance of the vessel, inspection by the City or Orange County Harbor Patrol or other facts, the Harbor Resources Director determines that a sea lion has boarded a moored vessel, the Harbor Resources Director shall provide the permittee with a notice of determination and the permittee shall take any and all necessary action to employ appropriate measures to deter sea lions from boarding the vessel within thirty (30) days of the mailing of the notice of determination. If the Harbor Resources Director determines that appropriate deterrent measures have not been taken within thirty (30) days of the mailing of the notice of determination, the Harbor Resources Director shall provide the permittee with a second notice of determination and the permittee shall: (1) take any and all necessary action to employ appropriate sea lion deterrent measures within seven (7) days of the mailing of the second notice of determination; or (2) remove the vessel within seven (7) days of the mailing of the second notice of determination. Appropriate deterrent measures shall be defined as the latest methodology permitted by National Marine Fisheries Service (and published on the City of Newport Beach Harbor Resources Website) to minimize sea lion boarding of vessels assigned to a mooring. D. Exceptions. The requirements of Section 17.22.150 A. and B. are not applicable to vessels used in marine construction or marine contracting services. E. Penalty. In addition to any criminal, civil, administrative or other legal remedy that may be available to enforce violations of the Municipal Code or applicable State Codes, violations of Section 17.22.150 may be enforced in accordance with the provisions contained in Chapter 1.05. F. Appeal. The determinations of the Harbor Resources Director under Section 17.22.150 may be appealed in accordance with the provisions contained in Chapter 17.42. SECTION 2: Section 17.24.085 is hereby added to Chapter 17.24 of Title 17 of the Newport Beach Municipal Code to read as follows: Section 17.24.085 Securing of Structures. A. If, based upon an inspection by the City or Orange County Harbor Patrol or other facts, the Harbor Resources Director determines that a sea lion has boarded a permitted structure and /or any vessel or other appurtenances attached to the structure, the Harbor Resources Director shall provide the permittee with a notice of determination and the permittee shall take any and all necessary action to employ appropriate measures to deter sea lions from boarding the structure and /or any vessel or other appurtenances attached to the structure, within thirty (30) days of the mailing of the notice of determination. If the Harbor Resources Director determines that appropriate deterrent measures have not been taken within thirty (30) days of the mailing of the notice of determination, the Harbor Resources Director shall provide the permittee with a second notice of determination and the permittee shall take any and all necessary action to Sea Lion Issues January 24, 2006 Page 12 employ appropriate sea lion deterrent measures within seven (7) days of the mailing of the second notice of determination. Appropriate deterrent measures shall be defined as the latest methodology permitted by National Marine Fisheries Service (and published on the City of Newport Beach Harbor Resources Website) to minimize sea lion boarding of a permitted structure and /or any vessel or other appurtenances attached to the structure. B. In addition to any criminal, civil, administrative or other legal remedy that may be available to enforce violations of the municipal Code or applicable State Codes, violations of Section 17.24.085 may be enforced in accordance with the provisions contained in Chapter 1.05. C. The determinations of the Harbor Resources Director under Section 17.24.085 may be appealed in accordance with the provisions contained in Chapter 17.42. SECTION 3: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 5: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the day of 2006, and adopted on the day of 2006, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS Z IT., ATTEST: CITY CLERK