THE CORPORATION OF THE CITY OF PENTICTON COUNCIL REPORT. DATE: 9 th January 2012 RES:

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1 Director AH CAO THE CORPORATION OF THE CITY OF PENTICTON COUNCIL REPORT TO: Council FILE : REP: FROM: Anthony Haddad Director of Development Services DATE: 9 th January 2012 RES: SUBJECT Urban Deer Management City of Penticton RECOMMENDATION: THAT Council request in writing that the BC Provincial Hunting Regulations be amended to include a general open season (Controlled Public Hunt via General Open Season) for antlerless mule deer inside the City of Penticton for the 2012 Hunting Season. AND THAT staff be directed to work with, local stakeholders and the Ministry of Forests, Lands and Natural Resource Operations to put in place local regulations and restrictions and bring them back to Council for endorsement prior to implementing the Controlled Public Hunt via General Open Season for the 2012 Hunting Season. AND FURTHER THAT Council initiates an Urban Deer Management Advisory Committee to review and assess the Controlled Public Hunt via General Open Season prior to implementation. IMPLICATION OF RECOMMENDATION: Organizational: Financial: Policy: Strategic Plan: Communication: Impacts to staff workload will be seen by administering a Controlled Public Hunt. Potential costs to the City for enforcement / contracts Amendments to existing City policies may be required. N/A Consultation with various stakeholder groups will be required prior to implementation of any actions. REFERENCE: Historical Resolutions Resolution 657/2011 Council Meeting 18 July 2011 Resolution 714/2011 Council Meeting 2 August 2011 Resolution 789/2011 Council Meeting 6 September 2011 Resolution 833/2011 Council Meeting 19 September 2011 File Notice of Motion Deer Reduction Urban Deer Management Strategy Council Report Urban Deer Management Options Council Report Urban Deer Management Strategy Council Report See Attachment A See Attachment A See Attachment A See Attachment A

2 BACKGROUND: Council endorsed the Urban Deer Management Strategy on 19 September 2011, which identified a five (5) point action plan to deal with the current deer problem within the City limits. The plan consisted of the following 5 actions: Action 1 Controlled Public Hunting Action 2 Capture and Cull Action 3 Public Education / Administrative Actions Action 4 Ongoing Monitoring Action 5 - Consultation Process Staff has investigated implementation of each of the various Actions and provides this Report to Council as an update of the work completed to date. Recommendations specifically related to Action Items 1 and 2 are focused on within this report as they relate to the most complex of actions and require Council consideration in the short term. A complete copy of the plan is provided in Attachment B. CURRENT PROVINCIAL HUNTING RESTRICTIONS Currently the City of Penticton is shown as closed to shooting in the Provincial Hunting Regulations synopsis, (Attachment C). However this map was apparently included in 1987 for hunter information regarding a City bylaw at the time and is not backed by Wildlife Act Regulation. Therefore, the Ministry will be revising the map for the 2012 Hunting Season, removing the shading that restricts firearm use inside the City. The City s firearms discharge bylaw would then come into effect. However, the Provincial safety regulation regarding no hunting within 100m from buildings or parks would still apply (there is an opportunity for exemption by Permit for a specific site but that is rare). For safety reasons, under the Wildlife Act, hunting is prohibited within 100m of buildings, which would exclude much of urban Penticton: It is unlawful to hunt or discharge a firearm within 100 metres of a church, school building, school yard, playground, regional district park, dwelling house, or farm or ranch building that is occupied by persons or domestic animals. Owners and occupiers or their employees or agents are exempted near dwelling houses or farm or ranch buildings for the purpose of slaughtering livestock. This leaves bow hunting as the most appropriate form of hunting within the majority of the City s boundaries. CURRENT CITY OF PENTICTON DISCHARGE OF FIREARMS BYLAW The City currently has its own bylaw regarding the discharge of firearms within the City of Penticton. This bylaw allows for the discharge of firearms in areas of the City (by Permit only) that are zoned agricultural, parks and golf courses. This bylaw was created in 1988 and a copy is provided as (Attachment D).

3 URBAN DEER MANAGEMENT STRATEGY: ACTION 1 CONTROLLED PUBLIC HUNTING: Controlled Public Hunting involves the two approaches as outlined below. The difference between each relates to how the hunt is administered. Action 1 (A) would be administered by the City and Action 1 (B) would be administered by the Province. Community support for either the General Open Season Hunt or Limited Entry Hunt is highly recommended by the Province, but not a specific requirement. To provide an appropriate level of community response to the Province, an opinion poll, public survey or referendum could to be undertaken. (A) CONTROLLED PULIC HUNT VIA GENERAL OPEN SEASON (GOS) The Provincial Hunting Regulations could be amended to include a General Open Season (GOS) for antlerless mule deer inside the City of Penticton. The urban deer hunt could be advertised in the Hunting and Trapping Regulations Synopsis, but this is not advisable because hunters would be under the impression that the season would apply to everyone and it may lead to uncontrolled hunting within the City boundaries. Preferably, the hunt could be implemented, but the Province would not publish this hunt in the Regulation Synopsis. For Council s information, the Hunting and Trapping Regulations Synopsis is a summary of the B.C. hunting and trapping regulations made under the Wildlife Act (British Columbia), prepared for the convenience of hunters and trappers. The Hunting and Trapping Synopsis sets out general hunting information, summarizes important hunting regulations, and defines the open seasons with maps indicating no hunting, no shooting, and other closed areas. The City would have to advertise the opportunity and all prospective hunters would have to apply to the City for a permit for this hunt. Thus, the City could control the number of hunters, when they hunt, where they hunt, by what means they hunt and any other conditions that the City has the authority to impose and considers necessary for the hunt. For example, the City could decide to issue 10 permits for each 1 week period, Sept 10-16, Sept 17-24, Sept 25-31, Oct 1-7, Oct 8-15), and provide each successful applicant with a map of the areas open to this hunt. The City might also require proof of competency if the hunter was using a bow or cross bow, and require 3 rd party liability insurance (comes with BC Wildlife Federation membership). The City might also require that the hunter dispose of the entrails at the land fill rather than leaving them in the field to attract coyotes and bears. Under this scenario, the City would have total control over the hunt. Hunters would still be bound by the deer bag limit (1 mule deer) but this could be amended in future years if it was an impediment to achieving the desired harvest. Should Council decided to support this action, the Ministry would require a letter from the City before January 31, 2012 requesting that the Province introduce a general open season for antlerless mule deer for the City of Penticton under the conditions described. This would then give the City several months to decide on the technical details such as where, when and how many (the Province can help with technical advice).

4 CHALLENGES TO IMPLEMENTING A CONTROLLED PUBLIC HUNT There are several downsides or challenges to controlled public hunts: a. There is some administrative work for City Hall to register hunters and to have determined and mapped suitable areas for this activity. b. There currently is no Provincial competency requirement for bow hunters, and archery is less effective than firearms at killing, which could result in wounded deer wandering in town and associated adverse publicity. c. People opposed to this activity might interfere. d. Liability of the participant. Council could require proof of third party liability insurance ($1m liability comes with membership in BC Wildlife Federation). e. Liability of the City. f. To control the population, the Ministry advises that only female deer should be taken. Currently the bag limit for mule deer in the Okanagan is one (1) and some hunters (usually the more experienced) would prefer to use that tag for a buck, so this activity in COP might attract the less competent hunters, thus increase the risk of wounding loss. Staff is recommending that Council support the Controlled Public Hunt via General Open Season as a method of reducing the urban deer population in the short term. Action 1 (A) provides Council will an opportunity to implement a deer reduction strategy for the 2012 hunting season. (B) CONTROLLED PUBLIC HUNT VIA LIMITED ENTRY HUNT (LEH) There may be an option to offer a Limited Entry Hunt (LEH) for deer in Penticton. This is a system in which only a specified number of authorizations are available and hunters throughout the Province can apply to participate and are selected by a random draw. The authorization could include a stipulation that the successful applicants register at City Hall before they hunt, and are given a map of the properties where this hunt may occur, and then they must report to City Hall afterwards, whether they were successful or not. The types of weapons used would need to be defined, however due to the limited amount of open country, bow hunting may only be appropriate. Shotguns may be appropriate (similar to rural Grand Forks example) which are more lethal than bow and arrow but have a much shorter range than a high powered rifle. This option is less favored by the Province than the General Open Season, as outlined below, because it is a more involved bureaucratic process, is more of a burden to hunters, removes a component of control from the municipality, and requires some decisions immediately. If Council decides to go with a controlled public hunt via LEH, in order to meet the deadline at the printer, the Province must have a letter from the City requesting a limited entry hunt (LEH) by January 31, 2012 and that letter must include: 1. Number of authorizations requested (for example a total of 50). 2. Time period requested (for example 10 for each 1 week period: Sept 10-16, 17-23, 24-31, Oct 1-7, Antlerless deer only. 4. The type of weapon use (Bow hunting / Shotguns) 5. A statement that they believe that they have community support for promoting lethal control of deer inside the city.

5 Council must also request that the 2012 LEH brochure include the text for each successful applicant. For example, before their hunt, each successful hunter must: Register at Penticton City Hall; If using a bow, show proof of competency or demonstrate competency to the satisfaction of the City of Penticton; Receive a map and hunt only in the designated hunting areas; Show 3rd party liability insurance of $1M (e.g. comes with BCWF membership); and Report to City Hall at the end of their hunt with details about their hunt. If Council would like to proceed with an LEH inside the City limits, the Ministry will require a letter from the City requesting that the Ministry submit a LEH proposal to Victoria, and cover all of the details already mentioned (dates, number of participants, stipulations for successful applicants, suitable locations identified, etc) and a measure of the community support for the activity. It is highly unlikely that this could be achieved within the required timeframe for the 2012 hunting season and as such, Staff does not recommend taking Action 1 (B) at this time. ACTION 2 CAPTURE & CULL The Capture and Cull option is possibly the most straightforward solution. The City of Cranbrook received a permit to capture and kill 25 deer, which set the precedent for the Province. The City of Grand Forks are also dealing with this issue and are sending observers to Cranbrook to report back on whether that would be a suitable solution for their community. The Ministry of Forests, Lands and Natural Resource Operations have purchased the equipment (traps and bolt guns) that can be made available to communities who apply for and receive a permit. Because the City does not have experienced people on staff to complete this work, a contractor would have to be hired to do the work. The Permit application would also requires an assessment for community support for the activity. In discussion with the City of Cranbrook, the contract costs for this work amounted to approximately $150 per deer. Traps were strategically located in or close to residential areas where the contractor would set traps for assessment in the early hours of the morning. If a deer was caught within one of the traps, then a bolt gun is used to terminate the deer. This would be completed in a discrete manner, with the permission of the private property owners. Should Council wish to follow this route, then an RFP would be required to assess the proposals. Strategically located properties would also need to be identified and with input received from the community over the past few months, problem areas have been obtained. A map showing the areas where complaints have been received is provided in Attachment E. USE OF DEER MEAT Various discussions with the local food banks, meat processing organizations, the Provincial Conservation Officer Service and the Penticton Indian Band have occurred and further work will need to be completed to ensure that the deer meat will be used appropriately.

6 Staff does not recommend that Action 2 be implemented at this time due to the length of time it will take to implement. It will be difficult to achieve this for the 2012 hunting season and will provide the greatest cost to the City. ACTION 3 PUBLIC EDUCATION / ADMINISTRATIVE ACTIONS Public Education and Administrative Actions will be forthcoming, dependent upon Council s direction with regards to Action Items 1 and 2. Staff is, however, proposing that Council adopt a Bylaw to prohibit the feeding of deer within the boundary of the City of Penticton. In discussion with officials from the Ministry, this is considered to be a contributing factor in assisting with the reduction of the urban deer population. Fines are also proposed, through amendments to relevant ticket bylaws, to ensure that those who violate the bylaws are held accountable. The proposed bylaw and subsequent implementation is only one of many measures that need to be undertaken to deal with the urban deer management issue. Should the Bylaw be adopted, it must go hand in hand with the other strategies identified by Council. The Bylaw is provided under a separate Agenda item for Council s consideration. ACTION 4 ONGOING MONITORING Monitoring of the Urban Deer issue within Penticton has occurred over the past few months. As shown in Attachment E, a number of complaints have been tracked and located within City limits. It is clear where the problem deer herd areas exist and this information will be used when implementing the desired population reduction action. Ongoing monitoring of the deer population will be required throughout any population reduction action selected by Council. A monitoring approach will need to be set up to determine whether or not the deer management actions are proving successful. ACTION 5 CONSULTATION PROCESS Staff has consulted with a number of groups and stakeholders of the past months on this issue. It is not an issue that is simple to deal with and additional resources will be required to implement any population reduction action. It would be recommended that an Urban Deer Management Advisory Committee be formed to help implement the designed population reduction action, as directed by Council. The Committee should be made up of informed stakeholders including: General public Parks and Recreation Advisory Committee Agricultural Advisory Committee RCMP SPCA Ministry of Forests, Lands and Natural Resources City of Penticton staff Other stakeholder groups as required and as identified by Council. The Committee will be able to advise Council on any and all issues related to Urban Deer Management.

7 ANALYSIS: Staff has provided the above information in response to Council s direction in September The various options for a short term solution to the urban deer management issue offer a variety of features to help reduce the urban deer population. Depending on which action Council deems appropriate, the Provincial Ministry responsible will have to be advised by 31 January 2012 so that that 2012 Provincial regulations can be amended accordingly. The Controlled Public Hunt via General Open Season option (Action 1A) is considered to be the most appropriate action at this time to reduce the deer population in the short term. Staffing resources will need to be allocated to ensure this is implemented appropriately and, as recommend, setting up an Advisory Committee will also assist staff in moving this process along. Deny/Refer Application Should Council determine that additional information is required prior to making a decision, it may refer requests back to Staff for additional research. Should Council consider that the status quo is appropriate, it may direct staff to stop work into this issue. ALTERNATIVES: 1. That the deer management strategy be amended to include alternative measures, as directed by Council. 2. That the deer management issue be referred back to Staff for further review, as directed by Council. Per: Anthony Haddad Director of Development Services

8 Attachment A Resolution 657/2011 Council Meeting 18 July 2011 Notice of Motion Deer Reduction Moved/Seconded: 657/2011 THAT the City of Penticton take immediate and all available remedies available to reduce the population of deer in the City before somebody gets injured in a charge or a car hits one and someone in the car is injured or killed be referred to the August 2, 2011 Council meeting. CARRIED UNANIMOUSLY Notice of Motion Deer Reduction Moved/Seconded: Resolution 714/2011 Council Meeting 2 August /2011 THAT the City of Penticton take immediate and all available remedies available to reduce the population of deer in the City before somebody gets injured in a charge or a car hits one and someone in the car is injured or killed be endorsed. CARRIED UNANIMOUSLY Resolution 789/2011 Council Meeting 6 September Urban Deer Management Strategy Report dated September 6, 2011 from the Director of Development Services, titled Urban Deer Management Strategy, seeking direction on the various options provided. 789/2011 It was MOVED and SECONDED THAT Council direct staff to prepare an action report for the next Regular Council meeting on an Urban Deer Management Strategy based on the City of Kimberley s model. CARRIED UNANIMOUSLY Resolution 833/2011 Council Meeting 19 September Proposed Urban Deer Management Strategy Report dated September 19, 2011 from the Director of Development Services, seeking endorsement of the proposed Urban Deer Management Strategy. 833/2011 It was MOVED and SECONDED THAT Council endorse the Urban Deer Management Strategy attached to the report dated September 19, 2011 from the Director of Development Services, titled "Proposed Urban Deer Management Strategy"; AND THAT the consultation process detailed in Action 5 of the report occur concurrently with the implementation of the strategy. CARRIED UNANIMOUSLY

9 Attachment B Council Approved Deer Management Strategy

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15 Attachment C Provincial Hunting Restrictions

16 Attachment D City s Discharge of Firearms Bylaw 88-76

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18 Attachment E Urban Deer Complaint Tracker - Map