HomeMy WebLinkAbout2001-06-26; City Council; 16258; Fishing & Anchoring In Agua Hedionda LagoonAB# jh ‘26%
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DEPT. POLICE
CITY OF CARLSBAD - AGENDA BILL
TITLE: INTRODUCE AND ADOPT AN URGENCY ORDINANCE
AMENDING CHAPTER 11.24 OF THE CARLSBAD MUNICIPAL
CODE TO PROHIBIT FISHING AND ANCHORING IN POSTED
AREAS OF THE AGUA HEDIONDA LAGOON TO PREVENT
THE SPREAD OF DESTRICTIVE ALGAE
DEPT. HD.
CITY ATTY.
CITY MGR.
P,~~~:~::ti$?:~:nce No I%%?$ an urgency ordinance amending Chapter 11.24
of the Carlsbad Municipal Code to prohibitfishing and anchoring in posted areas of the Agua
Hedionda Lagoon to prevent the spread of destructive algae.
ITEM EXPLANATION:
Last year, Caulerpa Taxifolia, an invasive and destructive form of algae was discovered in
the Agua Hedionda Lagoon. Since the algae’s discovery, a coalition of federal, state and
county agencies, the power plant, and biologists have worked to contain and eradicate it.
In spite of the coalition’s efforts, the algae has recently been discovered outside of the
existing containment area, including an area near the mouth of the lagoon under the l-5
bridge. It is the opinion of the biologists that the algae is being spread by fishing hooks and
boat anchors.
If the algae continues to spread and reaches the ocean, the results could be disastrous.
Consequently, the Department of Fish & Game has requested that the power plant
implement an immediate prohibition against fishing and anchoring in the lagoon. Because
the City has enforcement authority over the affected areas of the lagoon, the power plant is
requesting the City’s cooperation with this task.
FISCAL IMPACT:
No fiscal impact is anticipated as the power plant has agreed to pay for the cost of obtaining
and posting the necessary signs.
ENVIRONMENTAL REVIEW:
Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15378, the
amendment does not constitute a “project” within the meaning of CEQA and, therefore, does
not require environmental review.
EXHIBITS:
1. Ordinance No. ~.$-a5
2. Letter from the General Manager of Cabrillo Power I LLC
3. Press Release re: Caulerpa Taxifolia
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ORDINANCE NO. NS-595
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA, AMENDING
CHAPTER 11.24 OF THE CARLSBAD MUNICIPAL CODE TO
PROHIBIT FISHING AND ANCHORING IN POSTED AREAS
OF THE AGUA HEDIONDA LAGOON TO PREVENT THE
SPREAD OF DESTRUCTIVE ALGAE.
WHEREAS, portions of the Agua Hedionda Lagoon have been invaded by
a destructive form of algae; and
WHEREAS, the algae is a threat to the entire coast because it is prolific
and smothers the native flora and fauna in its path; and
WHEREAS, attempts have been made to prevent the spread of the algae
by containing and treating the infested areas; and
WHEREAS, the algae has recently been discovered in portions of the
Lagoon that are outside of the containment area; and
WHEREAS, biologists have concluded that the algae is being spread
unintentionally by fishing lines and boat anchors; and
WHEREAS, to prevent the further spread of the algae and resulting
damage to the coast, the Department of Fish & Game has requested the
implementation of an immediate prohibition against fishing and anchoring in the Lagoon;
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain
as follows:
Ordinance No. NS-sgs page 1 of 3
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SECTION I, That the Carlsbad Municipal Code is amended by the
/ addition of Section 11.24.056 to read as follows:
“11.24.056 No Fishina or Anchoring in Posted Areas
(a) Notwithstanding any other provision of this chapter, no person may
fish or anchor a boat in any area of the inner lagoon that has been posted with a sign
prohibiting these activities.
(b) The City Manager may post or authorize the posting of a sign
prohibiting fishing and anchoring in an area of the inner lagoon if the City Manager
finds, based on available biological data, that prohibiting these activities in the area is
necessary to prevent the spread of destructive algae inside and outside of the lagoon.
(c) Nothing in this section precludes a person from anchoring in an
emergency situation in order to prevent personal injury or property damage.”
(d) This section shall be operative until September 30,2003, at which
time it shall be automatically repealed unless extended by further action of the City
Council.
DECLARATION OF URGENCY: This ordinance is hereby declared to be
an emergency ordinance adopted as an urgency measure to protect the public health,
safety and welfare and shall take effect immediately. The facts constituting the
emergency are those set forth in the above recitals and the companion agenda bill.
They demonstrate a current and immediate threat to the public health, safety, and
general welfare of the citizens of Carlsbad.
EFFECTIVE DATE: This ordinance shall be effective immediately upon
adoption. The City Clerk of the City of Carlsbad shall certify the adoption of this
ordinance and cause it to be published once in a newspaper of general circulation in the
City of Carlsbad within fifteen days after its adoption.
SEVERABILITY CLAUSE: If any section, subsection, sentence, clause,
phrase or part of this ordinance is for any reason held to be invalid or unconstitutional
by the final decision of any court of competent jurisdiction, such decision shall not affect
the validity of the remaining parts of this ordinance. The City Council hereby declares
Ordinance No. NS-595 page 2 of 3
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that it would have adopted this ordinance and each section, subsection, sentence,
clause, phrase or part thereof irrespective of the fact that any or more sections,
subsections, clauses, phrases, or parts be declared to be invalid or unconstitutional.
INTRODUCED, PASSED, AND ADOPTED at a regular meeting of the
Carlsbad City Council on the 26th day of June t 2001, by the
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, and Hall.
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY
&?zzzTk:M&*
RONALD R. BALL, City Attorne
ATTEST:
(SEAL)
Ordinance No. Ns-5% page 3 of 3
Symphony Towers, Suite 2740
750 “B” Street
San Diego, CA 92101
Direct: (619) 615-7666
Fax: (619) 615-7663
Cabrillo Power I LLC
June 19,200l
Sgt. Keith Blackburn
Carlsbad Police Department
Carlsbad, CA 92008
RE: Request for Assistance to Limit Fishing and Boat Anchoring in Inner
Agua Hedionda Lagoon
Dear Sgt. Blackburn:
This letter is to summarize the discussions that we had on Friday, June 15,2001,
at the Encina Generating Station with you and other interested parties regarding the status
of the caulerpa taxzjblia (killer algae) eradication efforts. The eradication has been
largely successful, however, there are still small patches of caulerpa being discovered by
the survey diving teams. As new plants are found they are aggressively eradicated. To
our knowledge, all known caulerpa has been treated; however, at this time of the year
caulerpa can grow more than two (2) centimeters per day. Intensive surveys will
continue on a continuous basis during the summer months. However, until the caulerpa
is completely eradicated, the dredge permit is at jeopardy, because of concerns by the
Army Corps of Engineers that the caulerpa may spread to the outer Lagoon and then into
the Ocean from dredged materials used to nourish the beaches.
We reported that Mr. Bill Paznokis, California Department of Fish & Game,
requested that Cabrillo Power I LLC prepare and post signs at each of the boat launching
areas on the inner Agua Hedionda Lagoon posting the area as closed to fishing and to
boat anchoring. The reason for this request was the result of a discussion at the most
recent multi-agency task force. Mr. Keith Merkel also reported in the meeting held June
15,2001, that his divers had discovered fishing hooks caught in the tarps and damage to
the protective containment area. Sandbags that have been placed over the caulerpa
patches within the quarantine area off Snug Harbor were also damaged and moved. The
creation of artificial landscapes, caused by the tarps and structures holding them up to
cover the caulerpa, apparently results in fish congregating around the structures and thus
the interest of fishing in that area. Mr. Merkel also reported that the literature on the
spread of caulerpa in the Mediterranean Sea identified anchors as one of the means of
rapid spreading of this alga. The latest discoveries of caulerpa in the Inner Lagoon were
outside the established containment area, and in some cases movement toward the bridge
was noted. This discovery could be catastrophic if caulerpa were to escape from the
Inner Lagoon.
Symphony Towers, Suite 2740
750 “B” Street
San Diego, CA 92101
Direct: (619) 615-7666
Fax: (619) 615-7663
Cabrillo Power I LLC
We have arranged for the preparation and posting of the signs, in both English
and Spanish. We would appreciate any assistance from the City of Carlsbad to enforce
this temporary ban on both fishing and boat anchoring in the Inner Lagoon area until the
various state and federal agencies concur that the eradication has been successful. It was
the view of both Keith Merkel and Steve LePage, both noted experts on fish in the
Lagoon, that casting lures or anchoring boats in any part of the Inner Lagoon will greatly
increase the opportunities for the spreading of caulerpa both into the Middle and Outer
Lagoons, but also the ocean.
For these reasons we urgently request the assistance of the City of Carlsbad in the
protective measures described above. These are the least restrictive measures,
appropriate for the current circumstances, to safeguard the Lagoon and to permit the
continued use of the Lagoon for recreational boating (water skiing, jet skiing, canoeing
and kayaking).
Cc: David Lloyd, Secretary
Very truly yours,
w+ Ernest Soczka
General Manager
NEWS RELEASE
Contact: (Agencies: ) Bob Hoffman (562) 980-4043 FOR IMMElDIATE RELEASE (Local:): Rachel Woodfield (858) 560-5465 July 5,200O
NOXIOUS AQUATIC SPECIES FOUND IN
SOUTHERN CALIFORNIA COASTAL WATERS
(Federal, state, county agencies and private industry form partnership
to eradicate foreign marine organism. )
A coalition of ten federal, state, and county agencies, a power plant, and a private
consulting firm have formed a task force partnership to eradicate a very invasive marine plant
species, a form of alga, discovered for the first time anywhere in the Americas in a San Diego
lagoon. “This aquatic species poses a very serious threat to all tropical and temperate coastal
zone ecosystems anywhere in north or south America,” said a spokesperson for the coalition
during a press briefing today in San Diego.
During a monitoring dive of eelgrass beds in the Agua Hedionda Lagoon in Carlsbad,
California, biologists from Merkel and Associates, consultant to the Cabrillo Power Plant I,
discovered the species, its identify later confirmed by consultant marine biologist Rachel
Woodfield and her colleagues with further confirmation by leading experts. In describing the
nature of the plant, known scientifically as Caulerpa taxifolia, Woodfield said that a clone of
the species, likely the same one as found here, caused tremendous ecosystem and economic
damage in the Mediterranean Sea in costal areas of France, Spain Monaco, and Italy.
“Even a tiny piece broken off can regenerate a new plant, making eradication by
mechanical means nearly impossible,” said Woodfield. Fishing nets and boat anchors are
believed to be primarily responsible for the spread of the plant throughout the Mediterranean.
Some scientists have described the effect of the alga as similar to “...unrolling a carpet of
‘astroturf across the bottom of the sea.”
manner in the Mediterranean today.
Caulerpa continues to expand in an uncontrolled
The source of the dangerous invasive organism is suspected to be an accidental release
from an aquarium. This species, although recently banned in many countries, including the
United States, remains relatively common in private aquariums. “The present crisis underscores the risks and potential impacts of introducing exotic species into native habitats,”
said Woodfield.
Although extremely invasive and destructive to other marine plants, there is no danger
to humans. However, it is imperative that thepublic avoid contact with theplant due to its
extreme ease of recolonising from just tiny fragments.
(N.Release - cont.) Pg2
An eradication strategy, announced today, consists of curtailing public access to infested
areas; completion of comprehensive area surveys to include the Lagoon and nearshore areas;
thorough testing of potential herbicides and application techniques; and treatment of infested
areas. After application of herbicide, complete removal of dead plants and associated sediments
will follow to ensure that all viable plant parts are removed. Long-term monitoring and on-going
surveys will be completed to continue the eradication efforts as may be required.
# # #
Note to editors: PLEASE INCLUDE SOME FORM OF THE FOLLOWNG in your story. If this
species is observed elsewhere, you are urged to immediately notify the coalition experts through
your County Agriculture Department or the local office of the California Department of Fish and
Game. The coalition is headed by the California Department of Food and Agriculture, with other
members providing essential resources and expertise on a problem that crosses many
jurisdictional boundaries.
(Noxious Algae Found in So. California Coastal Waters)
BACKGROUND: Caulerpa taxifolia
( Summary excerpted from paper by: Rachel Woodfield, Merkel & Associates)
An alien green algae (Caulerpa taxijblia has been discovered in Agua Hedionda Lagoon, a
coastal in southern California located approximately 20 miles north of San Diego. An
aggressive clone of this species has been highly invasive in the Mediterranean Sea, where the
governments of France, Spain, Monaco, and Italy have been unable to control its spread.
Because of its potential for damage to the environment, its import into the U.S. has been banned
under federal law.
Biologists at Merkel & Associates, a biological consulting firm in San Diego, collected this
distinctive alga in a San Diego County lagoon while conducting research on a transplanted
eelgrass bed. Rachel Woodfield, a marine biologist with Merkel & Associates, initially
identified the alga. She has conferred with Dr. Paul Silva, Curator of Algae at the University
of California’s Jepson Herbarium in Berkeley, and Alexandre Meinesz, an expert on the species,
who have confirmed it to be Caulerpa taxzjblia. This species has never before been
documented on the west coast of the Americas. Ms. Woodfield is presently photographing and
documenting its extent at the site and is exploring control and eradication efforts with experts
on the species.
Caulerpa taxifolia is a green alga native to tropical waters that typically grows in small, isolated
patches. In the late 1970’s, this species attracted attention as a fast-growing and decorative
aquarium species that became popular in the saltwater aquarium trade. A clone of the species
was cultured for display at the Stuttgart Aquarium in Germany and provided to aquariums in
France and Monaco. Around 1984, this species was apparently inadvertently released from the
Oceanographic Museum of Monaco and rapidly spread from an initial patch of about one square
meter to over a hectare by 1989, and has continued to spread to many thousands of hectares
today. The alga has since spread to France and Spain and is today widespread throughout much
of the northwestern Mediterranean. Recent genetic work suggests that all Caulerpa taxifolia
plants in the Mediterranean are clones of the single released saltwater aquarium plant.
This clone can grow larger, deeper and in colder waters than the tropical populations of the
species and, as such, threatens not only tropical areas, but temperate regions as well. It grows
on almost any substrate from rocky to mud bottoms, and occurs across energy gradients from
protected bays to exposed headlands. It can dominate the area in a manner that has been
compared to unrolling a carpet of “astroturf’ across the bottom of the sea. In areas where the
species has become well established, it has caused ecological and economic devastation by
overgrowing and eliminating native seaweeds, seagrasses, reefs, and other communities. In the
Mediterranean, it has harmed tourism, destroyed recreational diving, and had a costly impact
on commercial fishing, both by altering the distribution of fish as well as creating impediment
to net fisheries.
This Mediterranean clone can have a stolon (or stem) length of more that nine feet with up to
200 fronds, and spreads vegetatively and through fragmentation. It is reported to survive up to
ten days out of the water. Fishing nets and boat anchors are believed to be primarily responsible
for the dispersal of the species throughout the Mediterranean. Even a tiny piece broken off can
regenerate a new plant, making eradication by mechanical means nearly impossible. Most
attempts to remove it have failed, often resulting in an even more rapid and vigorous regrowth.
This species has recently been reported near Sydney, Australia, smothering seagrass beds in a
manner reminiscent of the invasion in the Mediterranean. Despite bans on its possession in
France, Spain, and Australia, this dangerous organism continues to be transported and sold by
the aquarium trade, and it was expected by many scientists to be only a matter of time before
it appeared in U.S. waters. Recognizing this concern, Dr. Andrew Cohen, an expert on exotic
species at the San Francisco Estuary Institute, spearheaded an effort to prevent its introduction
into U.S. waters. In October 1998, over 100 prominent scientists petitioned the federal
government to ban the importation, possession, and sale of this species in the U.S., leading to
its designation in 1999 as a prohibited species under the Federal Noxious Weed Act. The
discovery of this species in southern California confirms that it nevertheless continues to invade
other valuable marine ecosystems, such as the ecologically rich eelgrass beds that thrive in many
of our coastal lagoons. It is likely that the alga was released into the wild from an aquarium, a 1
practice which is banned under California law.
While genetic analysis is being conducted on specimens to determine whether the plant found
in southern California is the Mediterranean clone or some other strain of Caulerpa fmczjblia, its
discovery in these waters is of great concern. This alga poses a substantial threat to ecosystems
currently thriving in our area, particularly to the extensive eelgrass meadows and other benthic
environments that make coastal waters such a rich and productive environment for fish and
birds. The eelgrass beds and other coastal resources that may be directly impacted by Caderpa
are at the base of a food web that is critical to the survival of numerous invertebrate and fish
species, including the commercially and recreationally important spiny lobster, California
halibut, and sand basses.
This species has been reported to grow to depths in excess of 150 meters, and given its survival
in higher energy areas within the Mediterranean, consideration should be given to its potential
to expand from the coastal lagoons onto near-shore reefs of California. The dense carpet that this
species can form could inhibit the benthic establishment of juveniles of many species, including
kelp and much of the rich animal life associated with giant kelp beds. Its establishment offshore
could seriously impact commercial fisheries and navigation through quarantine restrictions that
may need to be imposed in order to prevent the spread of this species. Due to the tolerance to
cold that this clone has displayed, it could potentially expand even north of the Southern
California area.
To date, the distribution of the discovered Caulerpa is restricted enough that eradication may
still be possible. Prevention of its spread to other coastal waters is imperative and immediate
action is warranted. Experts in the study of Caulerpa, as well as federal and state agencies
responsible for dealing with noxious invasions, have been contacted in order to formulate a clear
plan for removing and preventing the spread of this alga. Merkel & Associates is presently
searching other areas to determine the extent of invasion.
June 26,200l
TO: MAYOR 1)’
FROM: MARILYN STR
PHONE MESSAGE REGARDING AGENDA #21
The Mayor and Council received a call from Mike Gilligan, who lives at 4465 Adams
Street, next to Agua Hedionda Lagoon. He read the article (attached) in the San Diego
Union this morning, and feels like there is definitely some misinformation that was
printed. Specifically, he referred to the quote by Officer Dave Felt, who states that as
many as 25 fishing boats frequent the lagoon daily, and up to 50 on the weekends. He
said that he has never in all the years he has lived there seen 25 fishing boats on the
lagoon, let alone 50 on the weekends. He said the majority of the people fish from the
shore, not in boats.
He hopes that someone is able to clear this up, and hopes that City personnel are not
the ones who incorrectly reported the facts.
mhs
Attachment
c: City Manager
City Attorney
City Clerk
l Carlsbad to examine ltigoon’s algae spread I
BY Aanes Roletti
STAFF-WRITER
CARLSBAD - The City Council will consider adopting an emergency ordinance to night to prohibit fishing and anchoring in posted areas of Agua Hedionda Lagoon in an effort to stop the spread of a destructive form of algae. Biologists monitoring the g-rowth of the underwater weed discovered in the lagoon last summer, believe that fish hooks and anchors have con- ,tributed to the infestation. With summer ramping up and and more people out boat- ing in the lagoon, we are con- cerned about boaters coming into contact witb the algae and ‘then canying it to other parts of the lagoon or to other bodies of water,” said Rachel WoodGeld, a biologist who is heading up ?he monitoring effort
Since last summer, when bi- ologists began to wipe out the fat&growing algae in a half-mile section of the lagoon east of Interstate 5, seven smaller patches have been found near- by. Those patches, like the large one tbat has been cor- doned off by floating booms, have been treated witb chlorine tokilltbeplant. As many as 10 divers comb the lagoon bottom daily looking for the plant Wo&ekl said. ‘Ihe monitoring and eradication effort is expected to continue for tie years. The bright green algae, known as Caulerpa taxiifblia, smothers eelgrass and other aquatic plants that fish, clams, lobsters and other sea life live in and feed on. It is not harmful to humans. If the algae were to spread to the ocean, it could devastate the California coastline, scien-
tists warn. since itsdiscovery hi Agua Hedionda, the algae also has been found in Huntington I-Iarbor in Orange County. Scientists suspect the algae got into the lagoons after some one dumped the contents of aquariums into them or nearby stolm drains. Its discovery in Southern Califomia is the first along the West Coast of the Ameri~. The algae is blamed for de straying swaths of marine habi- tat in the Mediterranean !3ea. If the emergency ordinance is passed, fishing in designated areas of the lagoon where the dgae haa been found will be prohibited immediately, wam- ingsignswillbepostedandthe Police Depattment’s lagoon pa- trol will enforce the ordinance. ‘The area stretches roughly from Interstate 5 to the Carl+ bad Boat Club east of California Water Sports at Snug Harbor.
zb.;gd d rema@ .
Asmanyas25fishingboata frequent Agua Hedionda La- goon on weekdays, with that number doubling on weekend days, said police Officer Dave Felt, who patrols the lagoon.
+JnfoHunately, the prohib itedareastendtobethebest fishing area, so that is what% zdsing the problems,” Felt
Fish are attracted to sandy shoals that build up near the tarps that cover the algae grow- ing on the bottom of the la goon, Woodtield said.
If the ordinance is passed, anyone fishing in a prohibited area will be infonmd of the law and asked to fish elsewhere. Felt said citations will be issued only when a fishing enthusiast refuses to move out of tbe posted area.
-.
JUii-LO-LUUI IUc Iti; IL i-11 3~11 ~II~,KU~I~IC~‘I~ I nri IY~, Old OL3 Uli9L -: Ul
June 26,200l
Mayor and City Council Members
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
8: j.
1
Re: Item #22, Agua Hedionda Lagoon and CMetpa taMMa
Dear Mayor and City Council Members:
I urge you to adopt a ban on fishing and anchoring in portions of Aqua Hedionda
Lagoon identified by Rachel Woodfield, et al., as at risk for the spread of &u/em
taxifolia.
As a very active SCUBA diver, active member of San Dlego County’s diving community,
and as the person who runs San Diego’s dominant (non-commercial) SCUBA diving
information source, I am terrified of C&/em taxitblia. This stuff could turn our
underwater coastline and gorgeous kelp forests into the rough equivalent of Astroturf,
For those of you who are not divers or snorkelers, imagine - for example - that all the
trees and bushes in Torrey Pines State Park were torn out and replaced with short, lime
green indoor/outdoor carpet. Would you want to hike there? This HAS HAPPENED in
the Mediterranean. Please see http://divebums.com/General/Caulerpa/ for photos of
what the affected (large) areas of the Medlterranean now look like.
Given the tremendous potential negative impact of this species on our coastline, erring
on the side of caution is necessary. To the affected fishermen, I’d say that I’m sorry.
Truly, I don’t oppose your passion, just as I hope that you don’t oppose mine. But if
this stuff gets out to our ocean coastline, then we’ve got a horrendous problem; so I
ask you to act for the greater good.
To the Carlsbad City Council: I ask that you follow whatever advice the Regional Water
Quality Control Board and Rachel Woodfield give you. We are entrusting our children’s
underwater coastline to them.
Sincerely,
!kL- 4 hn H. Moore
JdwH.Mma- 4816?Gddgo-Avenue - SCWLD~, c** 92117
E-d jtiYhvl@hW.~