HomeMy WebLinkAbout03 - Sea Lion Related OrdinancesCOUNCIL AGENDA
• CITY OF NEWPORT BEACH NO-3
CITY COUNCIL STAFF REPORT a - tti -Qlb
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(c) city. newport- beach.ca.us
Harbor Resources Division (City Manager's Office)
Tom Rossmiller, (949) 644 -3041
trossmiller(@ city. new ort- beach.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
00 Lower Newport Bay, especially in the vicinity of the "A" mooring area. The sea
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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 7.30.090 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: �]
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January 24, 2006
Page 3
o Washing down vessels or docks containing fish, fish parts or food;
o Pumping of bait out of holding tanks; and
o 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
1.. second notice.
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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:
D�
Tom Rossmiller Dave Kiff
Harbor Resources Manager Assistant City Manager
Attachments: Draft Ordinances
Public Information Bulletin
Draft Vessel Sign
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January 24, 2006
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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.
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Draft Public Information Bulletin
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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:
Ia.
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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
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January 24, 2006
Page 8
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.
6)
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January 24, 2006
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• 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
I • 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, COUNCILMEMB
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MA
�• ATTEST:_
CITY CLERK
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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
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January 24, 2006
Page II
• 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
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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.
SECTIONS: 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
MA
ATTEST:
CITY CLERK
46