2. Time Critical: Yes hunting proponents have requesting the matter be brought before Council.
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1 DISTRICT OF SQUAMISH REPORT TO: Council FOR: Strategy Session PRESENTED: December 18, 2007 FILE: FROM: SUBJECT: Administration District of Squamish Firearms Regulation Hunting Bylaw CAO Recommendation: For Information 1. Purpose: To provide Council with information related to a request from Jack Evans, Ministry of Environment and local hunting proponents to reinstate a hunting permit area in the Estuary. 2. Time Critical: Yes hunting proponents have requesting the matter be brought before Council. 3. Background: On July 18, 2006, Council repealed District of Squamish Firearms Bylaw No Bylaw 1196 was initially adopted in 1992 under authority of Section 933 of the Municipal Act, and authorized a permit area for hunting with shotguns in a specific area of the Estuary between October 1 st and January 31 st of the following year. With the repeal of the bylaw and permit area, discharge of firearms is now limited solely to the approved shooting ranges. Since 1992, the downtown residential area adjacent to the Estuary has grown and developed. The number of new residences along Third, Fourth and Fifth Avenues, the Seabright residential development, the Skye development and Solterra developments, evidences this. New development brings a significant increase in population within the area adjacent to the hunting permit area. Growth in the area can be expected to continue with Council s commitment to densification of the downtown and as the Oceanfront lands develop. In addition to the safety concerns related to having a hunting area within close immediate proximity of a large residential area, there are safety concerns related to an increase in recreational uses of the Estuary aside from hunting. The Estuary is now used year-round by bird watchers, photographers, running groups, walking groups, and other outdoor enthusiasts. Allowing discharge of shotguns to occur concurrently with the above uses can be considered incongruous. With every hunting season, complaints are received from the community, especially the Downtown residents, about noise from guns being fired, guns being fired in an unsafe manner and the potential danger to residents and visitors to the Estuary. These complaints have been dealt with and investigated by a combination of Conservation Service, RCMP, and Bylaw Firearmshunting Page 1
2 Enforcement Officers. With an increase in density in the area, the District can expect an increase in complaints. During the 2005/2006 hunting season, the Conservation Service did lay charges against hunters in the Estuary for offences contrary to the Wildlife Act and Migratory Birds Convention Act. It should be noted those charged did not possess a District of Squamish Hunting Permit as required by Bylaw No Subsequent to the repeal of the hunting permit area, the District has received complaints from members of the Rod and Gun Club and Squamish Estuary Management Committee with respect to no longer being allowed to hunt waterfowl in Squamish. Council also received a delegation on September 5, 2007 from Jack Evans, Ministry of Environment, Fish and Wildlife Branch on behalf of his Ministry and the Rod and Gun Club. At that meeting Mr. Evans distributed information on hunting areas and waterfowl management. 4. Project Information: The provincial Municipal Act has been replaced by the Community Charter, which does not provide any authority to municipalities to regulate hunting. During a review of legislation by the former Director of Protective Services, it was determined that adopting a new bylaw under the Community Charter would be the preferred process rather than deleting the hunting permit area authority from the existing bylaw, which had received its authority from provincial legislation which no longer existed. District of Squamish Firearms Bylaw No. 1946, 2006, adopted by Council on July 18, 2006 is consistent with current federal, provincial statutes and legislation and reflective of both the current and future requirements of the District of Squamish. At the time the Bylaw was presented, Council also considered that an average of 15 permits were issued annually. (ranges from 13 to 19 over the years) Review of existing District boundaries and any potential future boundary changes produced an understanding that there were no areas where it was reasonable in the interests of public safety that the discharge of firearms should be permitted, i.e. proximity to housing, Highway #99, other rural roadways with public infrastructure, outdoor recreation activities, etc. Consistent with the existing bylaw, the proposed bylaw prohibits firearm discharge within the District unless a permit to discharge a firearm is authorized and issued by the RCMP for the humane destruction of livestock, protection of livestock, or for the requirements of the filming industry. The proposed bylaw also has included exemptions for those persons appointed and authorized to possess and discharge a firearm in the performance of duties. 5. Department Comments: Administration/Administrative Services: Hunting in the Estuary is not a use viewed as consistent with the plan for urban development of the adjacent area. Increased population and use of the Estuary for other forms of recreation pose a risk if the District permits firearms to be discharged, even with signage warning users as to shooting and no shooting areas. Staff are also aware that a number of homeless Firearmshunting Page 2
3 individuals inhabit various areas of the Estuary, despite being asked to move repeatedly by Bylaw Enforcement. After a review of the materials supplied by Mr. Evans after his appearance at Council, staff have determined that the hunting areas in other jurisdictions, particularly the Fraser Valley communities referred to, are not comparable to the Squamish permit area. Attached is a map which demonstrates permitted and prohibited hunting areas in the Lower Mainland and Fraser Valley. Mr. Evans referred to hunting regulations in Langley during his presentation in September. To clarify some of his comments, discharge of firearms in Langley Township is only permitted to protect t crops, livestock and agriculturally zoned lands with the land owner s or lessee s permission. RCMP: District of Squamish Council adopted the Bylaw in July This effectively ruled out discharging firearms in the District, except with a permit issued in conjunction with appropriate Firearms and Hunting Licences, as required by both Federal and Provincial Governments. Squamish RCMP received two complaints regarding events in the estuary between September 2006 and October Conservation Officer Chris Doyle advises that the area for hunting was signed and also clearly delineated No Shooting Areas. CO s patrol the area and enforce the relevant regulations, with support from local RCMP. They attend, on average 4 calls per season regarding illegal (unlicenced) hunting. Permits and Licences were strictly regulated. CO Doyle indicates that even with the current restrictions in place, illegal hunting is always an issue. RCMP Concerns. Calls for service, especially for serious events, have been minimal in the estuary area, and illegal activity can always thrive regardless of regulation. There is the potential for increase in noise and nuisance complaints if hunting is allowed. Discharge of firearms in an area where trails and pathways encourage use of the areas by hikers providing the potential for accidental shooting is always of concern. The development of the area for urban dwelling, giving the additional liability of errant rounds entering residential areas also poses a potential safety issue. Recreation, Parks and Tourism Trails Coordinator The oceanfront lands are surrounded with a public trail adjacent to the estuary. Along with this trail, there are new developments in the downtown area that have direct access to the estuary via the trail network and with the future trail development plans for the estuary, we do not see how these different recreation activities could coexist. We also understand that historically the number of hunting permits issued was very low. Therefore we recommend Council continue to disallow hunting in this ever-growing recreation area/destination used by walkers, runners, cyclists, etc. Firearmshunting Page 3
4 Community Development Environment Section The Environmental Technician has reviewed Community Development files, including meeting minutes from the Squamish Estuary Management Committee (SEMC), and has spoken with Edith Tobe of the Squamish River Watershed Society. Edith sits on the SEMC, and so does the Rod and Gun Club. In the past, the DOS issued an average of 15 permits per hunting season, which generated about $ (at $10.00 / permit). The Rod and Gun Club have been working with environmental groups to maintain their hunting interests, and have been active players in the protection of the Squamish Estuary. As such, while the environmental groups would not typically advocate hunting practices, they have worked with the R&G Club to mitigate hunting risks to the environment and to the public. From an environmental perspective, the main issues are sound disturbance from the guns, and animal kill. Noise disturbance scares wildlife and causes them to displace. Historically, ducks were the main animal hunted in the Estuary. While ducks are not an endangered species in the Squamish area (according to COSEWIC endangered species list), hunting can pose an unnatural disturbance on the ecosystem. Public safety is also an issue, as the Squamish Environmental Conservation Society and others have worked towards establishing a trail network throughout the estuary for public use. Management of geese: Geese are a migratory bird and are therefore managed by federal government (Environment Canada) under the Migratory Bird Act, and not the Conservation Officer. Historically, geese have not posed a problem in the Estuary and traditionally gather on flat, wide open spaces such Brennan Park fields and school fields. The District acknowledges that geese gather and produce a mess on the fields, but are advised by Canadian Wildlife Service Permit Section that they have never issued any permits of any kind for the Squamish area nor have we had any complaint. This was in response to questions about complaints from schools. Management There are a wide variety of management options available to minimize the impact of geese in urban areas. Geese management is most effective when strategies are used in combination. Using only one single methodology has typically proven to be unsuccessful in managing the problem. Although not an exhaustive list, a few strategies are listed below. Nonlethal methods There are several types of non-lethal management strategies. Exclusion techniques can include fences or polypropylene lines. Landscape modification can be very effective, and includes planting less nutritious species of grass, planting coniferous trees along field edges to decrease the ph of the soil, fertilizing less frequently, and using landscaping features to make the space appear less safe for geese (e.g. bordering ponds with shrubs). Egg addling (shaking) or oiling are also effective, but can be labour intensive, as well as hazing strategies (using dogs or other means to chase geese off of fields). Lethal methods Legal hunting is another management tool that can be used to reduce local populations of geese, and deter geese from using the areas that are hunted, provided it is done before or after migratory flocks have already moved through. However, hunting can decrease the Firearmshunting Page 4
5 species richness of an area, and while it may deter geese from using the area, it can also deter other species from the using the area as well. Making decisions on the method of management Questions to consider when choosing the appropriate management tools to mitigate goosehuman land-use conflicts: What is the site s attractiveness to the geese? Consider food, nesting structure, security, etc. Can the attractiveness of the site to geese be lowered below that of alternative sites by increasing the geese s perception of risk or by lowering food quality? 6. Alternatives to Staff Recommendation: Recommendation: None for information Alternative 1: Alternative 2: Kim Anema, CAO /ra Firearmshunting Page 5
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8 GEESE COUNTS IN SQUAMISH ESTUARY.=proposed hunting season Jan Feb Mar Apr x May x June x July x Aug x Sept x Oct x Nov x Dec x MEAN Hunting Season MEAN x HIGH x LOW x NOTES: Mean geese numbers have remained stable Mean geese counts during hunting season have increased (but stable over last 3 years) Highest and lowest values have decreased (but stable over last 3 years) Lowest geese counts occur during hunting season Highest geese counts occur in summer (June, July) POTENTIAL SOURCES OF ERROR: Numbers counted once per month, therefore daily fluctuations, if any, would not be captured The person counting may vary per field session External environmental factors such as weather or predators may affect numbers SOURCE: Squamish Environmental Conservation Society Estuary Bird Counts. Retrieved from:
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