PUBLIC USE UPDATE

 The public uses currently being 

evaluated for the San Diego Bay 

refuges have generated considerable interest by the public, particularly the proposal to consider a limited waterfowl hunting program on 

the South San Diego Bay Unit. 

Over the past few months, we have 

received significant input from the 

community regarding hunting in 

South San Diego Bay. Some comments have expressed opposition to 

such a proposal, while others state 

their support for a limited hunting 

program. Due to the magnitude of 

the interest in this topic, we are devoting much of this Planning Update to the topic of public use.

In this Update:

Public Uses and the CCP Process. . 1

How Public Uses Are 

 Authorized on NWRs. . . . . . . . . . 2

Wildlife-Dependent 

 Recreational Uses. . . . . . . . . . . 2

Sound Professional Judgment. . . . . 2

Developing Public Use Proposals

 for the San Diego Bay Refuges. . . 3

List of Potential Uses. . . . . . . . . . . 3

Public Comments on Hunting. . . . 4

Why Consider Hunting?. . . . . . . . . 5

Contact Information. . . . . . . . . . . . 6

U.S. Fish & Wildlife Service 

Sweetwater Marsh 

National Wildlife Refuge and

South San Diego Bay Unit of the 

San Diego National Wildlife Refuge

March 2002 - Planning Update 3

Public Uses and the 

CCP Process

 As discussed in previous Planning Updates, a Comprehensive 

Conservation Plan (CCP) is being prepared for the Sweetwater 

Marsh National Wildlife Refuge 

(NWR) and the South San Diego 

Bay Unit of the San Diego NWR. 

The CCP will provide a clear and 

comprehensive statement of the 

desired future conditions for these 

refuges. When completed, the 

CCP will present a 15-year management plan for the conservation 

of fish, wildlife, and plant resources and their related habitats, 

while also describing opportunities for compatible wildlife dependent recreational uses. 

 The mandate to ensure that 

opportunities are provided within 

the National Wildlife Refuge 

System for compatible wildlife 

dependent recreational uses is included in the National Wildlife 

Refuge System Improvement Act 

of 1997. The Act states that it is 

through these uses that 

the American public can 

develop an appreciation 

for fish and wildlife.

RELEASE OF THE DRAFT CCP/EIS 

DELAYED UNTIL LATE SPRING 2002

 In our previous Planning Update, we indicated that 

the draft CCP/EIS would be released for public review in 

winter 2001/2002. We have since determined that 

additional technical studies, related to hydrology, soils, 

and brine invertebrates, are required. Consequently, 

the expected release date is now late spring 2002.

 The results of the studies that are currently 

underway will assist us in evaluating a range of 

restoration alternatives for the South San Diego Bay 

Unit. These studies are expected to be completed in 

May 2002. Completion of the draft CCP/EIS will follow 

shortly thereafter. 
 2

How Public Uses Are 

Authorized on 

National Wildlife Refuges

 The National Wildlife Refuge 

System Improvement Act (the Act) 

provides direction for authorizing 

public uses on National Wildlife 

Refuges. The Act recognizes that 

wildlife dependent recreational 

uses, when determined to be compatible, are legitimate and appropriate public uses of the Refuge System that should receive priority 

consideration in refuge planning 

and management. According to 

the Act, when a wildlife-dependent 

recreational use is determined to be 

a compatible use and is not inconsistent with public safety, that activity should be facilitated. 

 The term “compatible use” is 

defined as a wildlife dependent 

recreational use or any other use of 

a refuge that, in the sound professional judgment of the Refuge 

Manager, will not materially interfere with or detract from the fulfillment of the mission of the System 

or the purposes of the refuge.

 The Fish and Wildlife Service 

Manual (603 FW 2) sets forth the 

policy and guidelines for determining compatibility of proposed uses 

and provides procedures for documentation and periodic review of 

existing uses. In addition, the policy requires an opportunity for public review and comment on all 

compatibility determinations. 

When prepared in conjunction with 

a CCP, compatibility determinations are distributed for public review along with the draft CCP and 

associated Environmental Assessment (EA) or Environmental Impact Statement (EIS).

 The Refuge Manager has the authority to determine, by exercising 

sound professional judgment, what 

is a compatible use. In addition to 

determining if a use would materially interfere with or detract from 

the fulfillment of the System mission or the purposes of the refuge, 

the Refuge Manager must also 

evaluate the direct and indirect impacts of a use on refuge resources. 

Further, the cumulative impacts of 

the use when conducted in conjunction with other existing or planned 

uses of the refuge must be considered, as well.

 After evaluating the anticipated 

impacts of a proposed use and determining if any stipulations (terms 

or conditions) are needed to avoid 

or minimize potential adverse impacts, the Refuge Manager will determine whether or not the use is 

compatible. This determination 

will be documented in writing.

 A proposed use can be denied 

without determining compatibly 

under certain circumstances. These 

include, but are not limited to:

 a. instances in which a proposed 

use would conflict with other applicable laws or regulations;

 b. the use would result in conflicts with the goals or objectives of 

an approved refuge management 

plan; or 

 c. when a use is determined to be 

inconsistent with public safety. 

 More information about 

compatibility determinations is 

provided on the Fish and Wildlife 

Service (FWS) website (www.fws.

gov) and the complete text of the 

Compatibility Policy is available at: 

http://policy.fws.gov/603fw2.html.

(See the note on page 5 regarding 

the status of the FWS website.) 

WHAT IS SOUND PROFESSIONAL JUDGMENT?

 The Act defines sound professional judgment as a finding, determination, or decision that is consistent with principles of sound fish and 

wildlife management and administration, available science and resources, and adherence to the requirements of the National Wildlife 

Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee), 

and other applicable laws. Included in this finding, determination, or 

decision is a refuge manager's field experience and knowledge of the 

particular refuge's resources.

WHAT USES ARE CONSIDERED 

WILDLIFE DEPENDENT RECREATIONAL USES?

 The National Wildlife Refuge System Improvement Act defines

hunting, fishing, wildlife observation and photography, and 

environmental education and interpretation as wildlife dependent 

recreational uses. The Act states that these six uses should receive 

priority consideration in refuge planning. They are often referred to 

as the six priority public uses of the Refuge System.
 3

Developing Public Use 

Proposals for the 

Sweetwater Marsh NWR/ 

South San Diego Bay Unit

 

 We began to address the topic of 

public use on the San Diego Bay 

refuges in July 2000, when we held 

our initial open houses to receive 

public comment on the CCP process. At those meetings, the public 

suggested recreational uses that 

ranged from one or more of the six 

priority public uses to uses such as 

boating and bicycling which are not 

in and of themselves considered to 

be wildlife-dependent recreational 

uses. In September 2000, we held 

another public workshop specifically to address the issue of public 

use. At that time, we emphasized 

the mission of the refuge system 

and the process for determining if a 

proposed use is a compatible use. 

Once again we heard a variety of 

opinions ranging from requests for 

limited low intensity uses to suggestions for unrestricted use of the 

refuges’ waters and land.

 With all of these comments in 

hand, the CCP team began to develop a list of potential uses for the 

refuges. This process involved reviewing existing uses and determining how additional uses might be 

accommodated. Special emphasis 

was placed on the six priority public uses - hunting, fishing, wildlife 

observation and photography, and 

environmental education and interpretation. 

 In June 2001, a workshop was 

held to present our suggested list 

of potential public uses. This 

information was also posted on our 

CCP web page and public comments were solicited. To date, 

more than 50 comments have been 

received, the majority of which address the issue of hunting. We have 

received comments expressing both 

support for and opposition to hunting in the south bay. These comments are summarized on page 4.

 We are evaluating the potential 

impacts of each of the proposed 

uses and the preparation of compatibility determinations (CDs) are 

underway. When completed, the 

CDs will be distributed with the 

draft CCP/EIS for public comment. 

A final decision as to which of the 

proposed uses will be authorized on 

these refuges will occur following 

consideration of the comments received during public review. 

List of Potential Uses from the June 2001 Workshop 

SWEETWATER MARSH NWR

Wildlife observation/photography from designated trails 

and along public rights-of-way adjacent to the Refuge

Environmental education and interpretation at Sweetwater Marsh, Gunpowder Point and Paradise Marsh

Expanded education/interpretive programs conducted in 

partnership with the Chula Vista Nature Center

Establishment of a kayak trail in the waters around the D 

Street Fill

SOUTH SAN DIEGO BAY UNIT

Wildlife observation /photography from the perimeter of the 

Refuge, including the northeast corner of Pond 11

Environmental education focusing on salt marsh ecosystems 

and restored wetlands

Interpretative elements along the Bayshore Bikeway 

Guided tours of the salt works

Fishing in the open bay per State regulations

Fishing along the bay side of the northern levee of Pond 11 

Boating in the open bay per current regulations

Limited waterfowl hunting program along the perimeter of 

the salt works and/or the open bay

Extension of the Otay Valley Regional Trail through the 

Interpretive Trail - Sweetwater Marsh NWR Otay River Floodplain to the Bayshore Bikeway
 4

PUBLIC COMMENTS ON HUNTING

 Outlined below is a sampling of the types of comments we have received regarding hunting on the South San 

Diego Bay Unit. The comments represent the range of opinions that have been presented to date.

 Hunting has historically occurred in the south bay; it is a heritage that should be allowed to continue.

 Hunting is a low impact recreational activ ity that poses little or no threat to endangered species.

 Safety is very important and can be maximized through proper planning.

 Hunting should not be excluded without serious consideration.

The refuge provides essential habitat for wintering waterfowl, all future uses should be sensitive to these 

avian resources.

Hunting would result in adverse impacts to endangered species and damage to sensitive habitat.

 Wildlife would be disrupted and possibly displaced by the discharge of firearms.

 Hunting dogs, which would most likely be maintained off-leash, could disrupt shorebird and waterfowl 

roosting and foraging on the mudflats and within the salt ponds.

 Hunting would be inconsistent with the specific purposes for which the refuge was established (to protect 

endangered species and migratory birds).

 The discharge of firearms in this urban setting represents a public safety issue.

 Hunting could interfere with the quality of the experience for other users, such as birdwatchers.

 There are more appropriate locations for hunting already available within the region.

Permitting hunting could increase the potential for poaching on the refuge.

The cities of San Diego, Chula Vista, Imperial Beach, National City and Coronado, as well as the San 

Diego Unified Port District, have all adopted ordinances to regulate the discharge of firearms within their 

jurisdictional boundaries. The refuge should adhere to the intent of these ordinances. 

Ongoing criminal activities in the bay, including drug smuggling, make the discharge of firearms within 

the bay a concern for local law enforcement agencies such as the Harbor Patrol.

 

 We are in the process of reviewing all of the comments received to date and evaluating the various issues that 

have been raised. The final determination of whether or not a limited waterfowl hunting program will be implemented on the South San Diego Bay Unit will be made in accordance with the procedures outlined on page 2. The 

public will have another opportunity to provide comments on this topic when the draft CCP/EIS is made available 

for public review. 
 5

Federal law recognizes hunting as one of the six priority public uses of the Refuge System 

that are to receive enhanced consideration in refuge planning.

 Enactment of the National Wildlife Refuge System Improvement Act established compatible wildlife-dependent recreational uses (hunting, fishing, wildlife observation and photography and wildlife education and interpretation) as the 

priority general public uses of the System. The Act states that priority general public uses shall receive enhanced consideration over other general public uses in planning and management. The Act further states that increased opportunities for families to experience compatible wildlife-dependent recreation shall be provided, particularly opportunities for 

parents and their children to “safely engage in traditional outdoor activities, such as fishing and hunting.” The Committee Report (House Report 105-106) for this legislation states, “Because priority uses like hunting, fishing, wildlife observation and environmental education are dependent upon healthy wildlife populations, they are directly related to the 

mission of the System and the purposes of many refuges. If our refuges and the Refuge System are managed well, then 

these priority uses will, in turn, prosper into the future.”

Why Evaluate a Limited Waterfowl Hunting Program 

for the South San Diego Bay Unit?

Consideration of hunting as an authorized use on the South San Diego Bay Unit was requested by hunting groups and individuals.

 At the CCP public workshops, we received requests to consider a wide range of uses for the San Diego Bay refuges. 

Some of these uses included: bird viewing areas, kayaking trails to facilitate wildlife viewing, opportunities for wate rfowl hunting, continued opportunities for fishing, and many others. All of the uses proposed, including hunting, went 

through a preliminary evaluation to see how they might be accommodated. For example, a possible location for a 

kayak trail was identified at Sweetwater Marsh and potential locations for a waterfowl hunting program were explored. 

 With input from the California Department of Fish and Game, we narrowed our consideration of hunting to a limited 

waterfowl hunting program. This decision took into consideration the need to protect public safety, the requirement to 

avoid or minimize impacts to wildlife, particularly endangered species and their habitat, and the desire to provide a 

quality hunt. This preliminary analysis indicated that the proposal to evaluate the compatibility of hunting on the South 

San Diego Bay Unit was warranted. This decision in no way implies that hunting will or will not be permitted on the 

refuge; it simply reflects our intent to further evaluate the proposal. Our evaluation of this and the other proposed uses 

for these refuges will be completed prior to the release of the draft CCP/EIS. 

Notice of Website/Email Disconnection

 On December 5, 2001, the U.S. District Court for the District of Columbia issued a Temporary 

Restraining Order requiring the Department of the Interior (DOI) to immediately disconnect from the 

Internet all information technology systems and computers that house or provide access to 

individual Indian trust data. This order stems from an ongoing class-action lawsuit filed against 

DOI on behalf of the beneficiaries of Individual Indian Money trust accounts (Cobell v. Norton). 

 As a result of this order, the majority of DOI’s Internet connections are currently inaccessible, 

including the Fish and Wildlife Service website and email. We apologize if you have been trying to 

find information on our website or reach us through email. Although the Fish and Wildlife Service 

hopes to be reconnected soon, we have no way to estimate when this might occur. Therefore, if you 

are interested in obtaining information related to this CCP that in the past was available via the

Internet, contact Victoria Touchstone, the CCP Project Planner (619-691-1185), for assistance.
First Class Mail

Postage and Fees

PAID

US Department

of the Interior

Permit G-77

U.S. DEPARTMENT OF INTERIOR

FISH & WILDLIFE SERVICE

Sweetwater Marsh National Wildlife Refuge

1080 Gunpowder Point Drive

Chula Vista, CA 91910

For More Information Contact: 

Victoria Touchstone, CCP Project Planner 

Sweetwater Marsh NWR 

1080 Gunpowder Pt. Dr. 

Chula Vista, CA 91910 

Phone: 619-691-1185

FAX: 619-691-0447 

Victoria_Touchstone@fws.gov 

Or Visit Our CCP Website:

http://sandiegorefuges.fws.gov

Once at the website, click on “What’s New” and then 

click on “Read the Comprehensive Conservation 

Plan.” 

REMINDER: FWS Internet access may still be 

disconnected (see page 5 for details). To obtain 

information in the interim, contact the CCP 

Project Planner via phone, fax or mail. 

Would you like to have your name removed from our mailing list? 

Need to correct your name or address? Do you have a friend who would like to 

be added to our mailing list?

Please contact the CCP Project Planner for assistance.