December 7, 2004
SUBJECT: Adoption of Legislative Action Policy for Waterfowl Hunting at Don Edwards San Francisco Bay National Wildlife Refuge, Adjacent to the Water Pollution Control Plant Treatment Ponds.
REPORT IN BRIEF
In 2003, the State of California and the U.S. Fish and Wildlife Service (USFWS) completed the purchase of 15,100 acres of Cargill Inc.'s salt ponds in the South San Francisco Bay and embarked on the South Bay Salt Pond Restoration Project. The goals of this project are to restore and enhance a mix of wetland habitats, provide for flood management, and provide wildlife-oriented public access and recreation opportunities.
In keeping with the goals of the restoration Project and with federal mandates, the USFWS is proposing an Amendment to the Refuge Hunt Program to provide limited waterfowl hunting at a number of the newly acquired ponds. Documents related to the proposed Amendment to the Refuge Hunt Program have been made available for public review and comment (Attachment A.) Comments on these documents are due to the USFWS on December 8, 2004.
Staff has reviewed the documents and proposes a comment letter in support of the Amendment to the Refuge Hunt Program (Attachment B.) Existing City Policy does not specifically address waterfowl hunting, and in order to support the proposed Amendment, staff recommends that Council adopt a Legislative Action Policy on this issue.
BACKGROUND
In 2003, USFWS purchased a significant number of the salt ponds in the South Bay from Cargill, Inc. These ponds are part of the South Bay Salt Pond Restoration Project and are also now part of the Don Edwards National Wildlife Refuge (Refuge). As part of this purchase, USFWS now owns Pond A3W which is adjacent to and immediately north of the Sunnyvale Water Pollution Control Plant oxidation ponds.
USFWS is proposing to amend its Refuge Hunt Program to provide limited waterfowl hunting at a number of its newly acquired ponds, including Pond A3W. The previous owner, Cargill Inc., also allowed hunting on Pond A3, as well as various other locations.
In November 2004, USFWS announced the availability for public review of three documents concerning waterfowl hunting on the Don Edwards National Wildlife Refuge: (1) Amendment to Refuge Hunting Plan for Waterfowl on 5,500 acres of Former Commercial Salt Ponds, (2) draft Environmental Assessment and (3) Compatibility Determination.
EXISTING POLICY
There is no specific policy related to waterfowl hunting. The following policies deal generally with the topic:
Legislative Management Sub-element, Goal 7.3C: Participate in intergovernmental activities, including national, state and regional groups, in order to represent the City’s interest, influence policy and regulations, and enhance awareness.
General Plan Open Space Sub-element, Goal E: Encourage and cooperate with other governmental agencies to preserve and protect regional open space and to acquire, develop, maintain and operate regional recreation facilities that are available to people who live, work or visit in Sunnyvale.
General Plan Open Space Sub-element, Policy E.1: Support and encourage Santa Clara County, the Midpeninsula Regional Open Space District, State of California, and appropriate federal agencies and established private entities to acquire, develop, maintain and operate existing and new open space and recreational sites and facilities within the urbanized area in and around Sunnyvale.
DISCUSSION
Staff is providing this report for Council to consider the adoption of a new Legislative Action Policy in support of waterfowl hunting on ponds in the Don Edwards San Francisco Bay National Wildlife Refuge. Staff recommends the following Legislative Action Policy:
Support the provision of waterfowl hunting on the Don Edwards San Francisco Bay National Wildlife Refuge that is in keeping with the safety of the community and the overall goals of the Refuge and the Salt Pond Restoration Project.
This proposed Legislative Action Policy ensures wildlife-oriented public access and recreation opportunities on the salt ponds adjacent to Sunnyvale while also allowing for the restoration and enhancement of the wetland habitats.
Staff has reviewed the three documents that are available for public comment concerning waterfowl hunting and supports the proposed Amendment to Refuge Hunt Program. Staff believes that the Amendment to the Refuge Hunt Program is consistent with the goals of the South Bay Salt Pond Restoration Project, with the Refuge’s mandate to provide hunting opportunities, and with the provision of recreational opportunities as specified in City’s Open Space Sub-Element. The Refuge Hunt Program and the proposed Amendment include extensive precautions specific to the site to ensure the safety of other members of the public utilizing the Refuge, as well as reiterating state and federal hunting regulations. Special use permits will be required of all hunters who hunt on the ponds, and enforcement of permit conditions and hunting regulations will be provided by officers of the Refuge. Also, the Amendment to the Hunt Program has no significant new impact to the City of Sunnyvale because hunting has existed on the salt ponds adjacent to Sunnyvale in the past.
If Council adopts the proposed Legislative Action Policy, staff has developed a draft letter for the Mayor’s signature in support of the proposed Amendment to the Refuge Hunt Program (Attachment B.)
FISCAL IMPACT
There is no fiscal impact to this report.
Conclusion
Staff is providing this report for Council to consider the adoption of a new Legislative Action Policy in support of waterfowl hunting on ponds in the Don Edwards San Francisco Bay National Wildlife Refuge. Policy direction from Council on this issue is needed in order for the City to provide comments on the USFWS’s proposed Amendment to the Refuge Hunt Program.
PUBLIC CONTACT
Public contact was made through posting of the Council agenda on the City’s official notice bulletin board, posting of the agenda and report on the City's web page, publication of the Council agenda in the San Jose Mercury News, and the availability of the report in the Library and the City Clerk's Office.
ALTERNATIVES
1. Adopt proposed Legislative Action Policy: “Support the provision of waterfowl hunting on the Don Edwards San Francisco Bay National Wildlife Refuge that is in keeping with the safety of the community and the overall goals of the Refuge and the Salt Pond Restoration Project,” and direct staff to develop a letter for the Mayor’s signature in support the proposed Amendment to the Refuge Hunt Program.
2. Adopt an alternative Legislative Action Policy.
3. Other action as identified by Council.
RECOMMENDATION
Staff recommends Alternative 1: Adopt proposed Legislative Action Policy: “Support the provision of waterfowl hunting on the Don Edwards San Francisco Bay National Wildlife Refuge that is in keeping with the safety of the community and the overall goals of the Refuge and the Salt Pond Restoration Project,” and submit comment letter for the Mayor’s signature in support of the proposed Amendment to the Refuge Hunt Program.