HomeMy WebLinkAbout1983-03-15; City Council; 7325; Batiquitos LagoonCIT jF CARLSBAD - AGENDA ^
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MTG 3/15/83
DEPT CM
TITLE: BATIQUITOS LAGOON DFPT. HD.~
CITY ATTYV/Q
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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
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EXHIBIT 2
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TITLE 14
(Reglstar 81. No.
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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.
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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
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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;
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(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;
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(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;
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(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,
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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.
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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
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