TO:
Honorable Mayor and Members of the City Council
FROM:
Mark Danaj, City Manager
SUBJECT:Title
Ordinance Amending the City's Fishing and Pier Regulations (City Manager Danaj).
ADOPT URGENCY ORDINANCE NO. ORD U 14-0013 AND INTRODUCE ORDINANCE NO. ORD 14-0014
Line
_________________________________________________________
Recommended Action
RECOMMENDATION:
Staff recommends that the City Council: a) receive public input; b) discuss and provide direction; c) adopt Urgency Ordinance No. ORD U 14-0013; d) introduce Ordinance No. ORD 14-0014; and e) allocate an amount not to exceed $10,000 from the City Council Contingency account for participation in Heal the Bay's Pier Angler Ambassador pilot program.
Body
FISCAL IMPLICATIONS:
As a result of the proposed changes, the City will incur minimal to moderate costs associated with public outreach, education, and signage. Additionally, staff recommends that City Council engage Heal the Bay for an initial 3 month educational pilot program as discussed in their Proposal (Attachment 6) at a cost of $5,000 to $10,000. To that end, staff recommends that City Council allocate an amount not to exceed $10,000 from the City Council Contingency account.
BACKGROUND:
On July 5, 2014, a swimmer was bitten by a shark that had been caught by an individual fishing from the pier. Over the past several months, there have been reports of a number of sightings of great white and other juvenile sharks in the 7 to 10 foot range near the pier. These sightings have caused concern in the community. According to media reports, some pier fishers are using bait and equipment that may serve to attract and catch sharks. Through the years, the City has received complaints about surfers and swimmers being injured by fishing lines and hooks from fishers on the pier, thereby adversely affecting the ability of swimmers and surfers to access and enjoy the ocean.
On July 15, 2014, the City Council declared an emergency and nuisance, temporarily prohibited fishing on the pier, and directed staff to work closely with stakeholders to develop reasonable regulations designed to protect all recreational users, while maintaining access to the coastal waters. The temporary pier fishing ban expires on September 5, 2014. At the July 15th meeting, the City Council directed the City Manager to return with recommendations for City Council consideration.
DISCUSSION:
Since the incident, staff has received input from, and consulted with, a number of interested parties, including: residents, fishers, surfers, swimmers, other recreational users, representatives of fisher organizations, United Pier and Shore Anglers of California, PETA, Heal the Bay, the Manhattan Beach Roundhouse Marine Studies and Aquarium, California State University, Long Beach Shark Lab, Surfrider Foundation, the State Department of Fish and Wildlife, the California Coastal Commission, the State Department of Parks and Recreation, the State Lands Commission, Los Angeles County Lifeguards, other coastal communities including Hermosa Beach and Santa Monica, and the Los Angeles County District Attorney. Staff received many helpful suggestions from these stakeholder groups. Based upon such input, staff has prepared the draft Ordinance to promote safe access to the coastal area and maintain recreational opportunities for various users, including swimmers, surfers, and fishers.
City staff has been in frequent communication with Coastal Commission staff. On July 31, 2014, City staff received a formal letter from Coastal Commission staff (attachment 5), indicating that they do not support a restriction that limits fishing to the end of the pier. Coastal Commission staff take the position that such a limitation would be a change in the intensity of use, which would require the City to obtain a Coastal Development Permit from the Commission. Coastal Commission staff indicated support for education, monitoring and signage, as well as for the prohibition against chumming and cleaning fish on the pier. The letter also stated that any regulations related to fishing equipment (lines/hooks) may require approval from the California Department of Fish and Wildlife (DFW). City staff has been in contact with DFW staff, and understands that the Fish and Game Commission may discuss the incident and the City's proposed regulations at its August 6, 2014 meeting. In light of the timing of that meeting and the publication of this report, City staff will provide an oral update on Fish and Game Commission's position at the City Council meeting.
Proposed Pier Fishing Regulations
The draft Ordinance clarifies the City's existing fishing regulations to expressly prohibit chumming. In addition, the draft Ordinance prohibits the use of steel, metal, or braided leader lines, as well as the use of unnecessarily large hooks, which are often used to catch sharks. Under the proposed regulations, only monofilament lines would be allowed, with a maximum of 40 lbs. test line weight. The draft Ordinance also prohibits snag lines - meaning that no person may fish using more than two hooks on a single line.
In addition, the Ordinance prohibits fishing when conducted in a manner that is dangerous to persons using the beach, the pier, or the water. On the beach, fishers must comply with any directives given by the City's police officers or County lifeguards to protect the public safety. On the pier, fishers must comply with directives from the City's police officers to protect persons and property in the vicinity of the fishers.
Finally, the Ordinance limits fishing to a portion of the pier, as determined by signage that will be posted by the City. By limiting fishing to a certain area of the pier, the draft Ordinance seeks to balance the needs of fishers, other pier-users, swimmers, and surfers.
The draft Ordinance also declares that it is unlawful to clean or gut fish on the pier, or to discard fish debris in the ocean. If the proposed Ordinance is adopted, the City will remove the existing sinks from the pier, which drain directly into the ocean, to discourage fish cleaning. Finally, the City is in the process of preparing a "Pier Fishing" page on the City's website to provide information to the public regarding the City's fishing regulations.
In addition to the substantive changes described above, the draft Ordinance cleans up a few other Municipal Code provisions for the sake of consistency and clarity.
Please note that the draft Urgency Ordinance and regular Ordinance are substantively the same with respect to the changes to be made to the Municipal Code. Government Code Section 36937 permits the City Council to adopt an ordinance on an urgency basis for the immediate preservation of the public peace, health, or safety, provided the City Council adopts the ordinance by a four-fifths vote and declares the facts constituting the urgency.
The City understands and recognizes that there is a delicate balance involved in protecting the rights of all recreational users of the coastal area, including swimmers, surfers, boaters, fishermen, beachgoers, and others. Staff has prepared the draft Ordinances to protect public safety while still allowing all recreational users to enjoy the ocean, beach, and pier.
Heal the Bay - Pier Ambassador Program
Heal the Bay has submitted a proposal for a pilot outreach and educational program to educate anglers and other Pier visitors about local sharks (Attachment 6). The Program also would allow them to collect data to develop recommendations to minimize conflicts on the Pier, while protecting public and marine life health. Heal the Bay proposes to partner with the five nearest coastal cities with piers to conduct a three-month pilot program. The Roundhouse Aquarium supports Heal the Bay's program and has indicated that they would be interested in receiving training and participating in this program.
Marine Protection Area (MPA)
Staff has received inquiries about the possibility of creating a Marine Protection Area (MPA) in Manhattan Beach. The Marine Life Protection Act (Act), which is codified as part of the California Fish and Game Code, was enacted in 1999 to establish a coherent, statewide plan for the protection of marine life and habitat in the waters off the coast of California. Under the Act, the Fish and Game Commission must prepare and adopt a Marine Life Protection Program, and thereafter, it may designate certain areas in the State as MPAs. The most recent changes to the designation of certain areas as MPAs in the Southern California region went into effect on January 1, 2012.
Although the City does not have authority to designate an MPA, it may petition the Fish and Game Commission to add the area near Manhattan Beach as an MPA. The Fish and Game Commission acts on petitions at least every three years. The designation process would involve input from many different stakeholders. Importantly, an area will be designated as an MPA only if it is warranted based on the Act's purposes. Pursuing this option will likely involve retention of a consultant and associated costs.
Protection of the White Shark
Separate from the Act, the white shark has been protected in California since 1994. In June 2014, the Fish and Game Commission considered whether to designate the Northeast Population of the white shark as a threatened and endangered species under the California Endangered Species Act (CESA), but decided that the evidence did not warrant such action. White sharks remain illegal to take in California.
CONCLUSION:
Staff recommends that the City Council: a) receive public input; b) discuss and provide direction; c) adopt Urgency Ordinance No. ORD U 14-0013; d) introduce Ordinance No. ORD 14-0014; and e) allocate an amount not to exceed $10,000 from the City Council Contingency account for participation in Heal the Bay's Pier Angler Ambassador pilot program.
Attachments:
1. Draft Urgency Ordinance No. ORD U 14-0013
2. Draft Ordinance No. ORD 14-0014
3. Pier Lease with State Department of Parks & Recreation
4. Conveyance of Tidelands to City of Manhattan Beach
5. Letter from California Coastal Commission (July 31, 2014)
6. Heal the Bay Ambassador Program Proposal (July 24, 2014)