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HomeMy WebLinkAbout1983-03-15; City Council; 7325; Batiquitos LagoonCIT jF CARLSBAD - AGENDA ^ AR« 7:?2L< MTG 3/15/83 DEPT CM TITLE: BATIQUITOS LAGOON DFPT. HD.~ CITY ATTYV/Q CITY MGR._^L Q UJ O o Oo RECOMMENDED ACTION: Authorize Mayor to send letter to the Fish & Game Commission urging delay in designation of a portion of the Batiquitos Lagoon as an Ecological Preserve. Attached is a proposed letter to the Fish & Game outlining the City's desire to do a management study of the lagoon. EXHIBITS: 1. Mayor's letter 2. Map 3. Notice of Fish & Game action 4. Letter from Fish & Game Commission dated January 7, 1983 1200 ELM AVENUE m&SSl (4M TELEPHONE: CARLSBAD, CALIFORNIA 92008 l&^Slzfjm (714)438-5561 Office of the Mayor dtp of Cartebab March 15, 1983 Mr. Hal Cribbs, Executive Secretary California Department of Fish & Game Commission 1416 9th Street Sacramento/ CA 95814 BATIQUITOS LAGOON ECOLOGICAL PRESERVE The Carlsbad City Council requests the Commission to delay designating Batiquitos Lagoon as an ecological preserve until a lagoon management plan is completed. The Department of Fish & Game has published its intention to amend Section 630, Title 14, CAC to add a portion of Batiquitos Lagoon as an ecological preserve. Hearing is scheduled for April 1, 1983 at 8:00 a.m. in Redding, California. The City Council requests that no action be taken at this time and that the Commission support the City's efforts to have a lagoon management study prepared. Our reasons for making this request are as follows: 1. Batiquitos Lagoon, which has been part of the unincor- porated portion of San Diego County, is in the process of being annexed to the City of Carlsbad. The lagoon has been within the City's sphere of influence since 1972 but has only recently been proposed for annexation. 2. In 1982, the City Council took action to initiate a resource management study of the lagoon. Several pri- vate property owners and public agencies - including the Department of Fish & Game - were contacted by the City urging that a cooperative study be undertaken. For various reasons, it was felt best to wait until the lagoon had been annexed to the City. The City still desires to proceed with the lagoon study. March 15, 1983 BATIQUITOS LAGOON ECOLOGICAL PRESERVE Page 2 3. Private owners of the major portion of the lagoon have hired a planning firm to present recommendations on the proposed uses of the wetlands and adjacent properties. That plan for private development is not yet available. 4. Fish & Game owns only 135 acres of the 600 acre lagoon. It does not appear appropriate for Fish & Game to take unilateral action which would have a significant impact upon other public and private uses in the area. 5. There are many complex issues which should be examined before a final management plan is adopted. The City Council believes that the Batiquitos Lagoon is a valuable natural resource and must be preserved for future generations. We urge the Commission to join with the City in preparing a management plan for all of the lagoon and not take unilateral action on only a small portion of the area. Sincerely, MARY CASLER Mayor MC:cle —I —— — I I !3 CMO MO EC CD CO CO O O tD EH OPS OPS c 3 O« S -PO -Pto 0) 4J M -Pc dCO 3 CO Oa a o -H -H Vi 3 C t3a 3 a ms w 6 oe 3O CUU in co (0 (0 r-l O •H 0) -H C CO 4J V4 <flO ^J-H*w o •H JJ O •H JJ 10fd 0) to O O 0) «w 3 4J (0 0) (0en PS en in EXHIBIT 2 o TITLE 14 (Reglstar 81. No. O FISH AND GAME COMMISSION §630 (p. 52.61) CHAPTER 11. ECOLOGICAL RESERVES 630. Ecological Reserves. The areas specified in this chapter have been declsxed by the Fish and Game Commission to be ecological reserves. A legal description of the boundaries of each ecologies] reserve is on file at the department's headquarters, 1416 Ninth Street, Sacramento. Ecological reserves arc established lo provide protection for rare or endangered native plants, wildlife, aquatic organism and specialized terrestrial or aquatic habitat types. Public entry and use of ecological reserves shall be compatible with the primary purposes of such reserves, and subject to the following applicable general rules and regulations, except as otherwise provided for in the special area regulations: (a) General Rules and Regulations: (1) Protection ol^Resources. No person shal! disturb geological formations or archeological artifacts or tsuce or disturb any bird or nest, or eggs thereof, or any plant, mammal, fish, mollusk, crustacean, amphibian, reptile, or any other • form of plant or animal life in an ecological reserve. The department may \ implement enhancement and protective measures to assure proper utilization and maintenance of ecological reserves. (2) Fishing. Fishing shall bs allowed in accordance with the general fishing regulations of the commission except that the method of taking fish shall be limited to angling from shore. No person shall take fish for commercial purposes in any ecological reserve except by permit from the commission. (3) Collecting. No collecting shall ba dons in an ecological reserve except by permit from the commission. Any person applying for a permit must have a valid scientific collecting permit issued pursuant to pare 3 of tlus title. (4) Motor Vehicles. No person shall drive, operate, leave, or stop any motor vehicle, bicycb, tractor, or other type of vehicle in an ecological reserve except cu designated access roads and parking areas. (5) Swimrnir.g. No person shall swim, wade, dive, or use any diving equip ment within en ecological reserve except as authorized vuicSer the terms of a permit issued pursuant to subsection (3). (8) Boating. No person shall launch or operate a boat or other floating device within-an ecological reserve except by permit from tha commission. (7) Trails. The department may designate areas within PJU ecological re- sewe where added protection of plant or animal life is desirable, and may establish equestrian or walking trails or paths within such desi;;ri?,ted areas. No person shall walk or ride horseback in such areas except upon the established trails or paths. (8) Firearms. No person, except as provided in subsection (it) (10), shall possess, fire or discharge any firearm, bow and arrow, air or gas gun, spsar gun, or any other weapon of any kind within or into an ecological reserve. (9) Ejection. Employees of the department may eject any parson from an ecological reserve for violation of any of these rules cr regulations or for any reason when it appears that the general safety or welfare of the ecological reserve or persons thereon is endangered. (10) Public Entry. Public; entry may be restricted on any fcrea at the discre- tion of the department to protect the. wildlife, aquatic Ltfe, or habitat. No person, except state and local law enforcement officers, fire suppression agencies raid employees of the department in the performance of their official duties or persons possessing written psimission from the department, may enter any ecological reserve, or portion thereof, which is closed to public entry. EXHIBIT 3 § 630 FISH AND GAME COMMISSION TITLE 14 (p. 52.62) (Rosl'ter 5t. Mo. 23—7-1&41) (11) Introduction of Species. Unless authorized by the commission, the release of any fish or wildlife species, including domestic or domesticated spe- cies, or the introduction of any plant species, is prohibited. (12) Feeding of Wildlife. The feeding of wildlife is prohibited. (13) Pesticides. The use of pesticides is prohibited on any ecological re- serve unless authorized by the commission. (14) Litter. No person shall deposit, drop, or scatter sny debris on any ecological reserve except in a receptacle or area designated for that purpose. Where no designated receptacles are provided, sny refuse resulting from a person's use of an area must be removed from that aiea by such person. (15) Grazing. The grazing of livestock is prohibited on any ecological re- serve. (16) Falconry. Falconry is prohibited. (17) Aircraft. No person shall operate any aircraft or hovercraft within a reserve, except as authorised by a permit from the commission. (18) Pets. Pets, including dogs and cats, are prohibited from entering a reserve unless they are retained on a leash of less than ten feet or are inside a motor vehicle. (b) Areas and Special Regulations for Use: Bolsa Chica Ecological Reserve, Orange County. person, except as provided in subsection (a) (10), or employees of Signal IScii poration and its invitees, for the purposes of carrying out oil and gas operations, shall enter this reserve and remain therein except on established trails, paths^r other designated areas. (B) FishingyshaJi be permitted at designated areas around outer Bolsa Bay only. (C) Horses are\>rohibited from entering the reserve. (D) Pets are pronibited from entering the reserve except when they remain inside a motor vehicle (2) Buena Vista Lagobn Ecological Reserve, San Diago County. (3) Coldv/ater Canyon Ecological Reserve, Ventura County. (A) The existing travel ccnsdor through the area is open to foot traffic only. All other areas are closed to puWic entry. (4) Coon Island Ecological Reserve, Napa County. (A) Fishing shall be permitted from boats, as \veil as from shore; only light- weight hand-carried boats may be lauhched and operated. (B) Swimming and diving are pernure (5) Del Mar Landing Ecological Reserv'K Sonoma Coimtv. (A) Fislung is permitted for fin fish (thos\having vertebrae) only. Spear guns may be used for the taidng of fin fish. (B) Swimming, boating, skin and SCUBA dirirto are permitted. (6) Farnsworth Bank Ecological Reserve, Los Anodes Count}-. (A) No purple coral (AUopora califormca) or geoio^cal specimens may be taken. (B) Subsections (a) (1) through (a) (18) do not apply. (7) Fish Slough Ecologies! Reserve, Inyo and Mono counties. o O Cs i State of California FISH AND GAME COMMISSION STATEMENT OF PURPOSE FOR REGULATORY ACTION (Pre-publicntion of Notice) Division 1, Title 14, California Administrative Code, Part 2, Chapter 11, Section 630, Ecological Reserves, amended. I. Date of Statement: December 22, 1982 II. (a) Date of Scheduled Hearing: January 7, 1983 (b) Location: Monterey., California <^v III. Description of Proposed Regulatory Action: (a) Specific Purpose of the Regulatory Action: Section 630, Title 14, CAC, provides for the designation and listing of habitat areas which have appropriate wildlife values as state ecological reserves. The section also includes general rules and regulations for designated ecological reserves as well as special area regulations when necessary, which protect the resource values of the areas while permitting compatible public uses of the areas. The Department proposes amending this section to add the following new areas to the -list of designated ecological reserves and provide special regulations as specified. (1) In subsection (b) add (38) D'arlingtonia Ecological Reserve, Del Korte County (120 acres) with no special regulations; 4 (2) In subsection (b) add (39) Apricum Hill Ecological Reserve, Amador County (37.5 acres) and provide a special regulation (A) prohibiting public entry except as provided for in subsection (a) (10); (3) In subsection (b) add (40) Laguna Ecological Reserve, Sonoma County (71 acres) with no special regulations; (4) In subsection (b) add (41) Morro Dunes Ecological Reserve, San Luis, Obispo County (50 acres) with no special regulations; • (5) In subsection (b) add (42) Little Butte Ecological Reserve, Mendocino County (403 acres) with no special regulations; 1 - (6) In subsection (b) add (43) Allensvorth Ecological Reserve, Tulare 1 ' County (487 acres) and provide special regulations to (A) permit grazing for management purposes and to (B) permit hunting when not in conflict with the primary purpose of the reserve; (7) In subsection (b) add (44) Blue Ridge Ecological Reserve, Tulnre County (596 acres) and provide special regulations to (A) permit grazing for management purposes and to (B) permit hunting and trapping vhen not in conflict vith the primary purpose of the reserve; (8) In subsection (b) add (45) Coachella Valley Eco.. 6ical Reserve, Riverside County (179 acres) with no special regulations; (9) In subsection (b) add (46) San Elijo Lagoon Ecological Reserve, San Diego County (776 acres) and provide special regulations to (A) allow scientific collecting ami research under permit by the Commission, and to (B) allow entry by authorized County employees for specified purposes, and to (C) allow samples to be collected by DFG and authorized County employees for water quality testing purposes; lu subsection (b) add (47) Batiquitos Lagoon Ecological Reserve, San Diego Ccunty (135 acres) and provide special regulations to (A) allow scientific collecting and research under perruit by the Commission and to (3) allow entry by authorized County employees for specific purposes; i-rj' (11) In subsection (b) add (48) Goleta Slough Ecological Reserve, Santa Barbara County (34 acres) and provide special regulations '; to (A) allow scientific collecting and research under permit by th& Commission, to (B) allow entry by authorized County, City, and Santa Barbara Airport personnel for specific purposes, to (C) prohibit fishing except at designated areas, and to (D) prohibit horseback riding, and (E ) allov specified management activities, and; (12) In subsection (b) add (49) Lake Ma'thews, Riverside County (2,285 acres) and provide special regulations to (A) allow scientific collecting and research under permit by the Commission, to (B) prohibit public entry except by authorized personnel, including Metropolitan Water District ,(MWEO employees in the performance of their duties and County employees for specific purposes, to (C) prohibit fishing, and to (D) allow samples to be taken by DFG and authorized NWD and County employees for water quality testing purposes t and (E) allow specified management activities„ (b) The regulations are intended to implement the policies of the Legislature and the Fish and Game Commission as set forth in Sections 1580 through 1584 of the Fish and Game Code. The proposed regulation changes are necessary to add newly acquired areas to the list of designated wildlife areas and provide special regulations for their use. Designation of the areas under Title 14, Chapter 11, Section 630 of the California Administrative Code, is necessary to provide the protection afforded under this section by allowing enforcement authority to preserve the resource and permit public uses consistent with the primary purpose of the reserves. As these areas arc designated it is often necessary to provide special regulations which provide for the unique needs for a specific reserve. Special area regulations for ecological reserves are necessary either to prohibit an activity not covered in the general regulations or / permit certain activities which are appropriate for a particular area • but must be prohibited in the general regulations for most other areas. The proposed regulation changes are necessary to add 12 new areas to the Department's ecological reserve system and provide special regulations for their use. Specifically, the proposed special regula- tions are necessary on certain areas to: allow scientific collecting and research under permit (San Elijo Lagoon, Batiquitos Lagoon, Goleta Slough and Lake Math-*ws); prohibit public entry (Aprioum Hill and Lake Mathews), permit entry by authorized personnel for specified purposes (San Eli jo Lagoon, Batiquitos Lagoon, Goleta Slough and Lake Mathews); permit sampling for water quality testing purposes (Sau Elijo Lagoon and Lake Mathews); restrict or prohibit fishing (Coleta Slough and Lake ia thews); permit grazing for management purposes (Allensworth and Blue Ridge); permit hunting and trapping when not conflicting witl. primary purpose of area (Allensvorth. and Blue Ridge) 'and; prohibit horseback riding (Goleta Slough). (c) Specific Authority for this regulation is provided for by Sections 1580-Lr>84 of th- Fish and GSte Code. (d) The justification for the twelve changes proposed in Section 630 are .. as folloxtfs: (1) The existing section provides for the designation and listing of habitat areas which have appropriate wildlife values as state ecological reserves. This section also includes general rules and regulations for designated ecological reserves which protect the resource values of the areas v?hile permitting compatible public uses of the areas. Ecological Reserves are established for the purpose of protecting rare or endangered native.plants, v/ildlife, or aquatic organisms or specialized habitat types, both terrestrial and aquatic, or large heterogeneous natural marine gene, pools for the future use of mankind. Ecological "Reserves are. land or land and watei' areas preserved in a natural condition for the benefit of the general public to observe native flora and fauna and for scientific study. It is the intention of the Department of Fish and Game to continue to acquire areas for these purposes. The Fish and Game Commission has designated 37 previously acquired areas as state ecological reserves and this proposed change would add twelve newly acquitted areas to this list. Descriptions of these areas are on file in thd Wildlife Management Branch office of the Department of Fish and Game, Resources Agency Building, 1416 Ninth Street, Sacramento, California 95814. (2) Scientific research is one of the purposes for which ecological reserves are set aside and preserved. However, since this often involves collecting, and collecting is prohibited on ecological reserves under subsection (a) (3), the Department considers it desii-able to control scientific projects on these areas via a permit system. Issuing permits not only allows the Department, -4- with the approval of the Commission, to limit collecting for .scientific purposes but also enables the Department to limit the number of projects on given areas. This reduces conflicts between researchers when one project might interfer with another and also allo./s the Department to obtain biological dat.i and reports for projects on these areas for management purposes. The Department proposes that this provision be provided in the special regi lations for San Elijo Lagoon, Batiquitos Lagoon, Goleta Slou; a and Lake Mathews. The Department's policy is to prohibit collecting (for scientific or other reasons) on areas set aside a ; ecological reserves unless no other suitable areas are available for this purpose. If a project can just as easily be done on nearby areas offering the same habitat characteristics then collec ting is not necessary within ecological reserves. Where the ecological reserve offers the only opportunity for a study to be done, the Department restricts this use to insure the system is not detrimentally impacted. (3) Public use of state ecological reserves is considered important and recreational uses of these areas is provided for when considered compatible with the primary purpose of the area. The Department has found it necessary to close some areas to public entry because of conflicts with wildlife or the lack of facilities to adequately control public use on the areas. Although facilities could be provided in the future to permit appropriate recreational uses (eg. nature observation from established trails), the Department is not able to provide the necessary facilities at this time and the areas must remain closed to public entry in order to protect the habitat. The Department proposes that this provision be provided in a special regulation for Apricum Hill, Goleta Slough and Lake Mathews. (4) As paz't of the Department's responsibility to protect areas designated as ecological reserves, it is also necessary to manage and maintain the areas to preserve the wildlife values for which the reserves were originally established. Often this requires permitting other agencies to enter the area for specific purposes. The Department has identified appropriate management and maintenance activities in management plans which have been prepared, or are in preparation, for the areas being proposed for designation. Management plans which have been completed are available and are on file, in the Wildlife Management Branch office of the Department of Fish and Game, Resources Agency Building, 1416 Ninth Street, Sacramento, California 95814. Management plans are in preparation for some areas and will be available as soon as they are finalized. The management plans identify necessary management and maintenance needs on the ecological reserves which are necessary to insure preservation of the areas. Since this often involves outside agency help; special regulations are necessary to permit entry on the reserves by authorized personnel. The Department proposes that this provision be provided in the special regulations for: San Elijo Lagoon to permit County of San Diego employees to carry out flood control, vector control, water quality, and regional park recreational activities; Batiquitos L/i-*,oon to permit County of San Diego employees to carry out flood control, water quality, and vector control activities; '"oleta Slouch to permit County of Santa Barbara, City of Sant ; Barbara and Santa Barbara Airport employees to carry out tl'.iir official duties relative to flood control, vector control, wa' ar quality and necessary airfield operations as described ii. separate agreements entered into with individual agencies, a >.d; Lake Ma thews to permit Metropolitan Water District and County of Riverside employees to carry out their official duties relative to reservoir operation and maintenance activities including vater quality, vegetation control, water control, rodent control and other actiyjties as described in agreements entered into with l.he applicable agency. (5) Fishing is one of the uses normally permitted on Ecological Reserves when in accordance with general fishing regulations of the Commission. It is sometimes necessary to restrict fishing to specific areas in order to reduce conflicts with wildlife or .prohibit fishing if the harvest of a fish, species interfers with a vital portion of the life cycle of an endangered species the reserve was established to protect. Removing a species sole food resource during a critical period of their reproductive cycle could cause nesting failures in some birds and poor brood survival. The Department proposes that a provision be provided in the special, regulations for Goleta Slough to restrict fishing to areas designated by the Department and prohibit fishing at Lake Mathews. Although studies determined that limited fishing could be accommodated at Goleta Slough, it is not'possible to provide even limited fishing at Lake Mathews while insuring the continued availability of sufficient food to support the "high densities of eagles the lake has attracted. (G) Grazing, on a very limited basis, is a use necessary oh selected ecological reserves. This use is not, however, particularly encouraged since overgraxing has been one contributing factor in population declines of some species. Grazing is a part of man-y "natural" ecosystems with cattle replacing many of the "natural" wildlife species .(i.e., elk, antelope, deer, etc.). In situations where grazing has been a part of the ecology of an area supporting wildlife dependent on this activity and cattle have provided the grazing element, the Department's future management of the area must include provisions to continue this use. Therefore, the Department would like to reserve the authority to use grazing as a management tool on some areas. The Department proposes that this provision be provided in the special regulations for Allensworth and Blue Ridge.- Periodic evaluation of the effects of the grazing program will be required in the management plans for these areas. . -6- ' _ ' • • t (7) Hunting, also on a very limited basis, is a use provided on selected ecological reserves. This use, however, is not particularly encouraged since it would conflict with subsection (a) (3) if not provided for in the special regulations. Hunting can be accommodated on certain specific areas since some reserves are primarily established to preserve a species whose nicratory nature, for. instance, eliminates any conflicts or potential conflicts, with a hunting or trapping program. In some instances, reserves were established to protect a specific species instead of a dwindling ecosystem. If a hunting program will not interfer with the species being protected and if the .program can be carefully controlled to insure protection for the species during times when conflicts might occur then the Department does not normally oppose permitting hunting. In other situations where an ecological reserve is primarily for the purpose of protecting a critical habitat type, such as wetlands, and hunting v?ould not destroy the values or disturb endangered wildlife, hunting may also be permitted. An example . would be a reserve to protect a.coastal marshland where duck hunting is permitted on the open water areas. Each separate situation would be carefully evaluated to insure that hunting and trapping vould not detrimentally effect the resources of the ecological reserve before hunting would be permitted. The Department proposes that this provision be provided in the special regulations for Allensworth and Blue Ridge. Specifically the regulation would only permit hunting on these areas in accordance with the general hunting regulations and only at such times and in specific areas designated by the Department. Trapping would "be permitted under permit only on Blue JUdce. (8) Recreational uses of ecological reserves can include a wide range of activities. When public .entry into a reserve can be permitted, it is often necessary to spell out specifically what "can" an.l •"cannot" bn done. This is done in-order to prevent destruction of habitat or disturbance to the areas' wildlife. The use of horses in ecological reserves is adequately covered under subsections (a) (1) protection of the resources, (a) (7) Trails, (a) (10) Public Entry, (a) (15) Grazing and (a) (18) Pets.. However, in some cases the presence of horses in an ecological, reserve is undesirable, controlled or otherwise, and to avoid confusion and confusing interpretation of the general regulations it is desirable to specifically exclude horse vise on the area. » The Department proposes that a provision in the special regulations for Goleta Slough be provided to prohibit horses on the reserve. IV. Alternatives to the proposed action": No change. This is not considered an acceptable alternative for the following reasons: 1. This alternative would not allow for the designation of area;; acquired for this specific purpose. Proper control and management would be substantially hampered on these state-owned lands since enforcement: and protections under- Section 630 of the California Administrative Code could not be provided. 2. The Department's management of the twelve proposed areas would be severly limited without authority to control access and other activities on these areas. Habitat preservation programs could not be maintained if public recreational pressures continue unregulated. 3. The Department's joint management programs with other public agencies (city, county water districts, etc.) would be difficult to administer. The Department has received a commitment from many other agencies to provide assistance in preserving and protecting these proposed ecological areas. Many of these, agencies have indicated a willingness to continue maintaining costly programs on these areas (i.e., flood control, water quality control and vector control) because of the unique nature of these areas, (i.e*. , protected ecological status). Without the proposed action, the areas would not be classified as ecological areas warranting their agencies participation and expenditure of public funds for their preservation. 4. Failure to designate the 12 new areas v?ould be inconsistent with Section 1580-1584 of the Fish and Game Code. In addition it would be inconsistent with other sections of the code inlcuding Sections 900-903, 1300-1301, 1345-1354, 1700, 1750, 1755-1756, 1800, 1801, 1900-1913, 1925-1926, 2000 and 2050-2055. ~~ V. Mitigation Measures: No mitigation is necessary as proposed action does not deleteriously affect resource values or the human environment. On the contrary, the porposed action will provide a net benefit to human values and wildlife resource values through the preservation of the natural diversity of the State of California._ . _ VI. Costs to state and local government:- No additional costs will be incurred by state or local governments as a result of the proposed action. VII. Costs to small business: No additional costs to small business are anticipated as a result of the proposed action. Some additional income may be generated by encouraging the public to visit natural areas around the State which have been set aside as ecological reserves and publications prepared as to their value and location. (C) Collec . rn.-jy bo r.nde by the Departm. or and wildlife mnna^eiiientor by San Diep.o County fo .- t purposes of fish ic purpose of water quality testing and vector control. (47) Satiguitof- Lagoon Ecological Reserve, San Diego Count y_. (A) Notwithst/i iding tlu; provisions of subsection (a) (1), (3), (5), (6) and (12), th' Department r.iay issue permits to conduct b i ological research project: within the reserve. Such pro j ects s b all be compati ble with the primar purposes of the reEerve. (B) The Dep'i _ment and San Diego County may carry out management acti- vities necessar -for fish and x^ildlife management, flood control and vector control. Authorized operation and maintenance activities shall include but sh; 11 not be limited to, use of chemicals, vegetation control, vatcr control .nd associatedUuse of equipment. (AS) Goleta Slough Ecological Reserve, Santa Barbara County. (A) Notwithstanding the provisions of subsection (a) (1), (3), (5), (6) and (12), the Department may issue permits to conduct biological research projects within the reserve. Such projects shall be compatible with the primary purposes of the reserve. (B) No person, except as provided in subsection (a) (10) or designated employees of Santa Barbara Airport, City of Santa Barbara, and Goleta Valley Mosquito Abatement Districl: for the purposes of carrying* out offi- cial duties shall enter this reserve and remain therein except on estab- lished trails, paths or other designated areas. (C) No fishin;.; shall be allowed except at designated areas. (D) Horses art: prohibited from entering the reserve. (E) The Department, City of Santa Barbain and the Goleta Valley Mosquito Abatement may carry out management activities necessary for fish and wildlife manus',ement and vector control . Authorized operation and maintenance activities shall include but shall not be limited to, use of chemicals, vegetation control, water control, minor ditching for mosquito abatement when 'approved by Department and use of associated equipment. (A9) Lake Mathews Ecological Reserve, Riverside Count y. (A) Notwithstanding the provisions of subsection (a) (1), (3), (5), (6) and (12), the Department may issue permits to conduct biological re s e_a r c h pro j ec t s wi thin the reserve. Su c h projects shall be conpa tj^ ible with the primary purposes of the reserve. BDMUNO a. ••own -In. COMMISSIONCRS v MOMUAM •- UVEflMORC. JR. PRESIDENT SAN HAFAEl RAYMOND f. DASMAMN. PH.D.. VrCE PRESIDENT SANTA CRUZ A1CLC. OAU.CTTI . STATE OF CALIFORNIA LOS ANGELES •MIAN J. KAHN SANTA ROSA <3jts{f miit Clams ffiummbsum: HAROLD C. CRIBBS, EXECUTIVE SECRETARY M16 NINTH STREET SACRAMENTO, CALIFORNIA 9S814 (916)4455708 / • • Notice is hereby given that the Fish and Game Commission, pursuant to the authority vested by Sections 1581 and 1583 of the Fish and Game Code, and to implement, inter- pret or make specific Sections 1580-158U of the said code, proposes to amend its regulations in Section 630, Title 1*+, California Administrative Code, to designate the folloving areas as ecological reserves and to provide regulations governing their use: Informative Digest Darlingtonia Ecological Reserve, Del Norte' County, 120 acres vith no special regulations. : Apricum Hill Ecological Reserve, Amador County", 37-5 acres, prohibiting public entry except as provided in subsection (a)(lO). Laguna Ecological Reserve, Sonoma County, 71 acres with no special regulations. * Morro Dunes Ecological Reserve, San Luis Obispo County, 50 acres vith no special regulations. Little Butte Ecological Reserve, Mendocnio County, 1*03 acres with no special regulations. Allensworth Ecological Reserve, Tulare County, ^87 acres, special regulations to provide for permit grazing for management purposes and to permit hunting when not in conflict with the primary purpose of the reserve. Blue Ridge Ecological Reserve, Tulare County, 596 acres, special regulations to provide for permit grazing for management purposes and to permit hunting and trapping when not in conflict with the primary purpose of the reserve. Coachella Valley Ecological Reserve, Riverside County, 179 acres with no special .regulations. San Elijo Lagoon Ecological Reserve, San Diego County, 776 acres, special regula- tions to allow scientific collecting and research under permit by the Corjnission, to allow entry by authorized county employees for specified purposes, and to allow samples to be collected by the Department and authorised county employees for water quality testing purposes. EXHIBIT 4 -2- \Batiquitos Lagoon Ecological Reserve, San Diego County, 135 acres with special regulations to allow scientific collecting and research under permit by the Commission and to allow entry by authorized county employees for specific purposes. Goleta Slough Ecological Reserve, Santa Barbara County, 3^ acres, with special regulations to allow scientific collecting and research under permit by the Commission, to allow entry by authorized county, city and Santa Barbara Airport personnel for specific purposes, to prohibit fishing except at designated areas, • and to prohibit horseback riding and allow specified management activities. Lake Mathews Ecological Reserve, Riverside County, 2,285 acres with special regulations to allow scientific collecting and research under permit by the Commission, to prohibit public entry except by authorized personnel, including Metropolitan Water District employees in the performance of their duties and county employees for specific purposes, to prohibit fishing, to allow samples to be taken by the Department and authorized Metropolitan Water District and . county employees for water quality testing, and to allow specified management activities. Hbtice is also given that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held in the City Council Chambers, City Hall, 1313 California Street, Redding, California, on April 1, 1983, at 8:00 a.m., or as soon thereafter as the matter may be he.ard. To provide adequate time for Commission review, written comments should be received in the Fish and Game Commission office by 5:00 p.m. on March 30, 1983. The regulations, as proposed, in strike-out and underline format, as well as a state- ment of purpose, including environmental considerations, are on file and available for public review from Harold C. Cribbs, Executive Secretary, Fish and Game Commission, Ikl6 Ninth Street, Sacramento 958l*t, phone 916-UU5-5708. Cost Statement The Fish and Game Commission has determined that the above proposal does not impose a mandate on local agencies or school districts. In addition, no increased costs or savings to any state agency, or costs to any local agency or school district within the meaning of Section 2231 of the Revenue and Taxation Code, or costs or savings in federal funding to the state will result from the changes. Small Business Impact Statement The Fish and Game Commission has also determined that this action will have no increased or new costs to small business. The Comxrission, however, solicits comments from the public as to possible impacts to small business. FISH AND GAME COMMISSION Dated: January 7, 1983 Harold C. Cribbs, Executive Secretary WHITE IT—IJIWT .KIT INTER-DEPARTMEN, MEMORANDUM TO , REPLY ON THIS SHEET FROM STANDARD INTEfl O*PT. t.: £ >•.FORM 1 I -24 —pa State of California Aemorcsnaum The Resources To : Mayor Mary Casler and Members of the City Council Date: March 18, 1983 Frcm : Department of Fish and GameRegional Manager - Region 5 Subject: Ecological Reserve Status for Batiquitos Lagoon The Department of Fish and Game is in the process of requesting the State Fish and Game Commission to add 12 new areas to the list of 37 designated State ecological reserves. In San Diego County we are. requesting the Department lands in Batiquitos Lagoon and San Elijo Lagoon be designated as ecological reserves. We request your support in the Department's proposals to classify and apply regulations to the 135 acres of Department land in Batiquitos Lagoon. Designating the area an ecological reserve as provided by Section 630, Title 14, California Administrative Code will allow the Department, to protect the resource values of the area while allowing compatible public use of the area. We have attached the standard and special regulations prepared for Batiquitos. These regulations only apply to Department-owned land in Batiquitos Lagoon. These regulations also allow the Department to enhance the wetland habitat. Dredging, regulation of.water levels and building least tern islands are possible wildlife enhancement projects. Restoration projects can also be combined with enhance- ment programs in lagoon areas that are not part of the reserve. In 1968, Assembly Bill 1660 by Assemblyman Stull established Ecological Reserves. Buena Vista Lagoon was the first one. The Department's 1968 wetland inventory included Batiquitos as an important wetland resource. Our 1974 Acquisition Priorities for Coastal Wetlands Report placed Batiquitos in the top ten and part of the 19 wetlands that receive special protection under the Coastal Act, In July 1978, the Department purchased 135 acres for $263,407 (San Elijo Lagoon property was purchased in 1977). We now wish to designate these areas and properly post them as ecological reserves, provide some interpretive signs, and have established enforceable regulations. Attached are the proposed regulations. I will be present to give you additional information. Fred A. Worthley Regional Manager Region 5 Attachment TITLE 14 FISH AiKiDCAME COMMISSION §630 (p. 52.61) ECOLOGICAL RESERVES (Register 31, No. »—T-18-C1J CHAPTER 11. 630. Ecological Reserves. The areas specified in this chapter have been declared by the Fish and Game Commission to be ecological reserves. A legal description of the boundaries of each ecological reserve is on file at the department's headquarters, 1416 Ninth Street, Sacramento. Ecological reserves are established to provide protection for rare or endangered native plants, wildlife, aquatic organism and specialized terrestrial or aquatic habitat types. Public entry and use of ecological reserves shall be compatible with the primary purposes of such reserves, and subject to the following applicable general rules and regulations, except as otherwise provided for in the special area regulations: (a) General Bules and Regulations: (1) Protection of Resources. No person shall disturb geological formations or archeologicai artifacts or take or disturb any bird or nest, or eggs thereof, or any plant, mammal, fish, moBusk, crustacean, amphibian, reptile, or any other form of plant or animal life in an ecological reserve. The departn ent may implement enhancement and protective measures to assure proper utilization and maintenance of ecological reserves. (2) Fishing. Fishing shall be allowed in accordance with the general fishing regulations of the commission except that the method of taking fish shall be limited to angling from shore. No person shall take fish for commercial purposes in any ecological reserve except by permit from the commission. (3) Collecting. No collecting shall be done in an ecological reserve except by permit from the commission. Any person applying for a permit must have a valid scientific collecting.permit issued pursuant to part 3 of this title. (4) Motor Vehicle1;. No person shall drive, operate, leave, or stop any motor -vehicle, bicycle, tractor, or other type cf vehicle in an ecological reserve except on designated access roads and parking areas. (5) Swimming. No person shall swim, wade, dive, or use any diving equip- ment within ?.n ecological reserve except as authorized under the terms of a permit issued pursuant to subsection (3). (6) Boating. No person shall launch or operate a boat or other floating device \vitliin an ecological reserve except by permit from the commission. (7) Trails. The department may designate areas within an ecological re- serve where added protection of plant or animal life is desirable, and may establish equestrisn or walking trait or paths within such designated areas. No person shall walk or rids horseback in such areas except upon the established trails or paths. (8) Firearms. No person, except as provided in subsection (a) (10), shall possess, fire or discharge any firearm, bow and arrow, air or gas gun, spear gun, or any other weapon of any kind xviihin or into an ecological reserve. (9) Ejection. Employees of the department may eject any person from en ecological reserve for violation of any of these rules or regulations or for any reason when it appears that the general safety or welfare of the ecological reserve or persons thereon is endangered. (10) Public Entry. Public entry may be restricted on any area at the discre- tion of the department to protect the wildlife, aquatic life, or habitat. No person, except state and local law enferrsmenr e;Yicer:, ±ri>;u£jrrrssieij•_0"encies and employees of the department in the performance of their official duties or persons possessing written permission from the department, may enter any ecological reserve, or portion thereof, which is closed to public entry. is*.- FISH AND CAMli COMMISSION TITLE H{era (p. S2.62) . • . (Re-aUtor 61. No. 23—7-14-81) * - » (11) Introduction of Species. Unless authorized by li\c commission, the release of any fish or wildlife species, including, domestic or domesticated spe- cies, or the introduction of any plant species, is prohibited.. • ' (12) Feeding of Wildlife. The feeding of wildlife is prohibited.' C13) Pesticides, The use of pesticides is prohibited on any ecological re- serve unless authorized by the commission. (14) Litter. No person shall deposit, drop, or scatter any debris on any ecological reserve except in a receptacle or are;i designated for that purpose. "Where no designated receptacles are provided, any refuse resulting from a. person's use of an area must be removed from that area by such person. 1(15) Grazing. The grazing of livestock is prohibited on any ecological re- serve. • 416) Falconry. Falconry is prohibited. (17) Aivciaft. No person shall operate any aircraft or hovercraft within a reserve, except as authorized by a permit from the commission. (18) Pets. Pets, including dogs and cats, are prohibited from entering a reserve unless they s.re retained on a leash of less than ten feet or are inside a EiOtor vehicle. f b) Areas and Special Regulations for Use: _ o (4?) Ectiquitor. Lnp.oon Ecolos:ic;>l Reserve, San Die};;0 County. (A) Kotv.'ithst.-i-iclln?, tiic provlsioas u £ sub section (a) ( 1 ) , (3)^ (5), (G) and (12) , th« Deportment niny i .->.sue pen:'.i ts to corVJuct biolotr.ica 1 research pro icef. vlthin the reserve. Such projects r.lknll be compatible yith the pritnar; purpp_5os of the reserve. (li) llic Depa --zment nnd San D]'.c;.r,o Cour.ty nay carry out rrinr.a;>erncnt ncti- ylties- iieccssaT • for fish p.\i<l wildlife nar.n^crncnt., flood control, and vector control. Authorized operation and maintenance activities shall include but T.!K 11 not be limited to, use of chemical s, vegetation control, vatcr control .nd eisnocistcd .uso of. equipmc-nt. 44 FISH AND CAME CODE The owner or lessee of a cooperative hunting area may collect a daily fee not to exceed two dollars ($2) per day per area from each permit hunter. Article 4. Ecological Reserves (Added by Stats. 1968, Ch. 1257) 158Q. For the purpose of protecting rare or endangered native plants, wildlife, or aquatic organisms or specialized habitat types, both terrestrial and aquatic, or large heterogeneous natural marine gene pools for the future use of mankind, the department, with the approval of the commission, may obtain bv purchase, lease, gift, or otherwise, land and water for the purpose of establishing ecological reserves. The ecological reserves shall not he clrxssed as wildlife management areas pursuant to Section 1504 and shall be exempt from Section 1504. (Amended by Stats. 1581, Ch. 342.) 1581. Any property acquired in fee for ecological reserves shall be acquired in the name of the state, m>d shall, at all times, be subject to such rules and regulations as may be prescribed from time to time by the commission for the occupation, use, operation, protection, sad adrainistrailon of such property as ecological reserves. (Added by Stats. 1358, Ch. 1257.) 1532. The department shall do all things necessary to secure a valid title in the state to the property acquired in fee for ecological reserves but no payment shall be made therefor until the title is vested in and satisfactory to the state. No such land will be acquired by eminent domain. (Added by Stats. 1P68, Ch. 1257.) 1533. Except in accordance with the regulations of the commission it is unlawful to enter upon any ecological reserves established under the provisions of this article, or to take therein any bird or the nest or eggs thereof, or any mammal, fish, mollusks, crustaceans, amphibia, reptile? or any oilier form of plant or animal life. (Added by Stats. 1D63, Ch. 1257.) 1534. As used in this article, "ecological reserve" refers to land or land and water areas preserved in a natural condition for the benefit of the general public to observe native flora and fauna and for scientific study. (Added by Stats. 1-238, Ch. 1237.) 1981 CITY OF CARLSBAD SEE 35MM JACKETS FOR MAP(S) Certificate of Authenticity (Roll and Unitized Microforms) This is to certify that microphotographic images appearing on this film file are accurate and complete reproductions of the records identified below as delivered to Mini-Graphic Systems, Inc. for microfilming . Customer: City of Carlsbad Department: City Clerk Project Title: 70 EATIQUITOS IAGOON 1982-83 Roll Number: Reduction Ratio: iex-24x-3ox Date Filmed: AUGUST 21. 1991 Technician: MR. KEY QUTNTO It is further certified that the-microphotographic processes used to create this film file were accomplished in a manner and on film that meets with the requirements of the National Bureau of Standards and the American National Standards Institute for permanent microphotographic film copy. Mini-Graphic Systems, Inc. Imaging Services Department