LAI(E _r_lßLSrNOre QBf Dß.ËAM EXrnrut

REPORT TO CITY COUNCIL

TO: HONORABLE MAYOR AND COUNC¡LMEMBERS

FROM: ROBERT A. BRADY, CITY MANAGER

DATE: APRIL 27,2010

SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 8.44 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING BOW FISHING

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The foraging actívity of Carp are known to degrade water quality and can be a detriment to the successful spawning of sport fish. Over the last several years, the City and the Lake Elsinore/San Jacinto Watersheds Authority (LESJWA) have expended considerable funds to control the Carp population on Lake Elsinore.

From 2002-2009, LESJWA and the City partnered to remove 1,330,730 pounds of Carp from the Lake by utilizing a 3,000 foot long seine net. The average daily Carp removal rate has decreased substantially over the last several years. For example, in 2004, 2005 and 2006 the average removal rates were T,oG7, 9,262 and 2,4g3 pounds per day, respectively. In 2009, following three weeks of fishing, the daily removal rate was only 1,083 lbs/day for a total of 14,080 pounds. Although the diminishing returns from the daily removal rate is an indication of success, the unit cost to remove and dispose of one pound of Carp has risen substantially over the years from a low of $0.25 per pound to a new high in 2009 of $1.16 per pound. This method of carp removal is economically unsustainable for the city.

In 2008, three different methods were used to estimate the Carp population. The results showed that Carp densities ranged from 25 to 138 Carp per surface acre, with an average of 82 Carp/acre. The goal is to have less than 20 Carp per surface acre.

Bow fishing for Carp is a recreational sport that could be part of the solution to control the Carp population, with no cost to the City. Bow fishing for Carp is permitted on Lake Elsinore by the California Department of Fish & Game.

AGENDA ITEM NO. 10

Page 1 of 13 The Lake Elsinore Municipal Code (LEMC) prohibits "archery" in public parks and beaches; however, it's questionable whether bow físhing, with a line attached to the arrow, falls under the definition of archery. lf the City desires to permit bow fishing, then adopting an ordinance that specifically permits and regulates the activity would resolve any ambiguity in the LEMC.

Discussion

Preserving public safety is the primary concern in considering whether the CÍty should permit bow fishing on Lake Elsinore. The Public Safety Advisory Commission (PSAC) considered the safety issues of this activity at their April 14ft meeting. The Public Safety Advisory Commission raised a number of important safety considerations. Based upon the Commission's input, City Staff revised the attached ordinance to permit bow fishing for carp on Lake Elsinore.

A PowerPoint Presentation is available upon request for more detailed discussion about the safety and regulatory issues considered in drafting the ordinance.

Fiscal Impact

No direct fiscal impact. Staff anticipates a modest economic benefit to the community from increased expenditures related to Lake-use from bow fishing. Staff estimates an insignificant increase in the cost of law enforcement from bow fishing.

Recommendation

Waive further reading and introduce by title only an ordinance adding Section 8.44.055 to the Lake Elsinore Munícipal Code regarding Bow Fishing.

Approved by: Pat Kilroy, Director Lake & Aquatic Resources Department

Approved by: Robert A. Brady, City Manan"r Êm

Attachments:

o DRAFT LEMC Ordinance 8.44.055 BOW F|SHtNG . Big Bear Lake - Flyer "Carp Round-up" o PowerPoint Presentation prepared by Míke Messina (bow fishermen)

Page 2 of 13 ORDINANCE NO. 1275

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 8.44 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING BOW FISH¡NG

WHEREAS, the City of Lake Elsinore is obligated by the grant deed from the State of California to use, maintain and improve the Lake for public park and recreation purposes in perpetuity; and

WHEREAS, Lake Elsinore has a long history of being overpopulated by Carp; and

WHEREAS, the foraging activity of Carp can impair water quality and be a detriment to the successful reproduction of sport fish; and

WHEREAS, the City desires to provide a wide array of recreational activities on the Lake; and

WHEREAS, public safety is of paramount importance to the City; and

WHEREAS, the City desires to enact reasonable conditions for bow fishing for Carp.

THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS:

SECTION 1. That Chapter 8.44 of the Lake Elsínore Municipal Code is hereby amended by adding Section 8.44.055 as follows: 8.44.055 Bow Fishing

A. Bow Fishing is defined as tackle that must have the arrow's shaft or the point, or both, securely attached by a line to the bow or to a fishing reel (includes crossbow).

B. Bow fishing is permitted by vessel upon the surface waters of Lake Elsinore, except within wading areas, marinas and boating channels.

C. Bow fishing by persons walking and/or wading along the shoreline is permitted only upon that portion of the Levee System between Shoreline Zone ldentification sign SS2 to Rome Hill.

D. Bow fishing is restricted to fishing for Carp only.

Page 3 of 13 Ordinance No. 1275 Page 2 ol 3

E. Bow fishíng is prohibited within 100 feet of any person outside the vessel of the person bow fishing or adjacent to the person bow fishing by shorelíne.

F. Children 15 years of age or younger are required to be accompanied by an adult in order to bow fish.

G. All fish taken by bow fishing shall be removed from Lake Elsinore and disposed of in a proper manner. Disposal of Carp into Lake Elsinore, upon the shoreline of Lake Elsinore or in public trashcans is prohibited.

H. The provisions in this Section 8.44.055 are subject to waiver by the City for bow fishing events as may be determined by the City Manager, subject to such events being authorized pursuant to a special event permit as provided in Chapter 5.108.

SECTION 2. lf any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable.

SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its final passage or such later date as may be designated by the City Council. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this _ day of 2010.

MELISSA A. MELENDEZ, MAYOR CITY OF LAKE ELSINORE

ATTEST:

CAROL COWLEY INTERIM CITY CLERK

APPROVED AS TO FORM:

BARBARA ZEID LEIBOLD CITY ATTORNEY

Page4of13 Ordinance No. 1275 Page 3 of 3

STATE OF CALTFORNTA ) COUNry OF RIVERSIDE )ss. crTY oF LAKE ELSTNORE )

l, Carol Cowley, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. _ was introduced at a regular meeting of the City Council of tne City of tate fls¡nore on the day of 2010, and ùras finally passed at a regular meeting of the City Council-th of the City of Lake Elsinore held on the day of 2010 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

CAROL COWLEY ]NTERIM CITY CLERK

-3- Page 5 of 13 Page 6 of 13 Big Bear Lake's 6th Annual "Garp Round-up" Sponsored by: Big Bear Municipal Water District SAMË FORMAT! TWO AWARÐ CATEGORIES: SHORELIT{E T'EAMS & BCATING TEAIVIS TWO DAY EVENT . TWO.MAN TEAMS DATE: June 6th & 7th, 2009 HUNTING TIME: Sat 7am - 4pm / Sun 7am - 2pm AWARDS: 2pm - 5pm Sunday REGISTRATION: mail or at check-in (if mailed, must be received by June 2nd)

CH ECK.I N/WEIG H STATION/AWARDS : Big Bear Municipal Water District 40524 Lakeview Dr. Big Bear Lake, CA 92315 (corner of Lakeview Dr. & Paine Rd.)

Entry fee - $40.00 per person Includes entry T-shirt, raffle ticket, mesh fish bag, and hot dog lunch at awards ceremony

GRANÐ RAFF]LE PRTZES - 2 CUSTOM BO\ryS RAFFLE TICKETS,AVATLABLÐ FOR PURCHASE AT EVE}{T

Team Prizes awarded on total weight of all fish weighed for two days! Prizes are as follows: Team prizes Shoreline Team Boating Team 1st PlaceTeam $1,ooo $1,ooo 2nd PlaceTeam $ 5oo $ 5oo 3rd Place Team $ 3oo $ 3oo Biggest fish (by weight) each day - $200.00

Contact lnformation - Mike Stephenson (909) 866-5796 Registration forms available on line at www.bbmwd.org Forms are to be mailed to BBMWD, P.O. Box 2863, Big Bear Lake, C492315

Page 7 of 13 4/1912010

. The California Department of Fish and Game Defines bowfishing as:

.7.23. Bow and Arrow Fishing Tøckle. Such tackle must hqve the arrow shaft or the point, or both, attqched by a line to the bow or to afishing reel (includes uossbow).

. z.zj.Bow and Arrow Fishing. Bow and arrow fishing is permitted only for the taking of carp, goldfish, western sucker, Sacramento blackfish, hardhead, Sacramento pike minnow and lamprey.

Page I of 13 411912010

. Bowfishing differs from archery in that the arrows are attached to r5o-3oo pound string or line and the line attached to a reel.

. Bowfrshing bows qre "Iow draw weight" bows as opposed to regular archery Go-+o lbs vs. 6o-8o lbs) . This límíts the distance an arrow canfly.

. Bowfrshing q.rrows are typically made of heavy fiberglass and do not have much range due to thqt weight. Average shofs bowfishing are 6-jo feet.

Page 9 of 13 2 4/19/2010

. The City of Big Bear has allowed bowfìshing at Big Bear Lake since the early tgTo'swithout one incident of injury or property damage.

.Bowfishers have "co-existed" without difficulty with skiers, sunbathers and other fisherman at Big Bear.

. Bowfrshers yearly remove an qverage of zo-3o,ooo lbs of carp from Big Bear Lake through this method of take.

. The Lake þr seven years has hosted a bowfishing tournament "The Big Bear Carp Round-up" that brings thousq.nds of dollars into the city via tourísm.

Page l0 of 13 3 411912010

Safety & Regulatory lssues Definition of Bow Fishing (equipment specs)? Søfe distance from other peopleT Boat versus Shoreline? Restrictíon on location or times ofyear? Age restrictíons? Restricted to Carp only. Disposal of Catch?

4 Page 11 of 13 4119/2010

DRAFT LEMC Ordinance Bow Fishing is defined as tackle that must have the arrow's shaft or the point, or both, securely attached by a line to the bow or to a fishing reel. B. Bow fishing is permitted byvessel upon the surface waters of Lake Elsinore, except within wading areas, marinas and boating channels. C. Bow fishing by persons walking and/or wading along the shoreline is permitted only upon that portion of the Levee System between Shoreline Zone Identification sign SSz to Rome Hill. D. Bow fishing is restricted to fishing for Carp only.

Page12ofß 5 411912010

DRAFT LEMC Ordinance

E. Bow fishing is prohibited within roo feet of anyperson outside the vessel of the person bow fishing or adjacent to the person bow fishing by shoreline.

F. Children 15 years of age or younger are required to be accompanied by an adult in order to bow fish. G. All fish taken by bow fishing shall be removed from Lake Elsinore and disposed of in a proper manner. Disposal of Carp into Lake Elsinore, upon the shoreline of Lake Elsinore or in public trashcans is strictly prohibited. H. The provisions in this Section 8.44.o1;¡5 are subject to waiver by the City for bow fishing events as may be determined by the City Manager...provided Chapter 5.ro8.

Page 13 of 13