1. Call to Order and Roll Call
5:35 PM
Present Commissioners, Philip Gerrie,
Jack Aldridge DVM, Geneva Page, Andrea Brooks, Susanna Russo, Sally
Stephens, Vicki Guldbech – ACC, John Denny – SFPD, Lisa Wayne –
Rec & Park
Comr. Stephens – Note on the agenda.
Item 5 B, the GGNRA dog policy was removed because it was premature
and would have limited what we could or couldn’t do. It is likely
to come up again.
2. General Public Comment
Lisa Vittori – Sorry GGNRA dog
management plan was removed. The ACWC is the place to discuss this.
Suggests Commissioners visit Fort Funston on a Saturday to see all
the people there with their dogs. Wants to know where they will go if
they can’t go there. The report is an either/or report. There are
ways to take dogs and wildlife into account.
Public comment closed
3. Approval of Draft Minutes for
February 10, 2011
Public Comment
Jamie – Stated concern other than on
the Minutes.
Comr. Gerrie – Suggested that his
comment be made during general public comment.
No changes by Commissioners nor the
public on the draft minutes
Minutes approved unanimously
4. Chairperson’s report and
opening remarks
Comr. Stephens – Gave the Quarterly
Report to the Board. Gave 12 copies to the Clerk of the Board who
distributed 11 copies to the Supervisors.
No public comment
5. New Business
A) Discussion and possible
action to send a letter to the Board to alert them of the high death
rate of Western gulls in the Pier 94 area.
Comr. Hemphill – Issue is revisited
from the October 2010 Commission meeting to send a letter to the
Board. Richard Drechsler will give an update.
Richard Drechsler – Main
accomplishment in the last three years was getting help in the work.
Kelle Gasmarchek has been doing a lot of the ground work now. With
her help, monitoring has increased from twice a month to 5 to 6 times
a week. The search for dead and dying birds has been more thorough
resulting in a higher death rate count. With increased monitoring,
many birds were found stuffed into crevices around Pier 94,
supporting earlier speculation that the birds were being removed or
hidden from view. Have been laying dead birds out in the open for all
to see. As of Jan 21, 2011, 54 birds were collected in 76 days. 31
were found dead. 23 were found alive but died either on the way to
the rehab center or died, once there, within 24-48 hours. Nearly all
suffocated from Aspergillosis which is a fungal infection. Unclear
how they contracted it. Present number of live birds has doubled
since October from about 80 to over 150. They have been joined by
Thayer’s Gulls and Glaucous-winged Gulls. There is also a wintering
population of Mew Gulls. All three gulls, Western, Thayer’s, and
Glaucous-winged are infected with Aspergillosis. More Western Gulls
are infected due to larger overall numbers. No Mew Gulls were
infected. Comparisons at Pier 98/Heron’s Head was 5-6 % death rate.
At Alcatraz breeding colony despite chick starvation and territorial
fights, only 14 out of 480 died in a five month period. Pier 94
deaths are twice as many in half the time. If the Pier 94 death rate
was limited to birds on site. They would all die with in a few months
but new birds come to take their place. Could claim that seasonality
might be a factor but gulls do fairly well during winter.
Looked for other statistics of bird
deaths in the Bay Area. Found a 15 year study from 1993 to 2008. It
is from Bodega Bay to Ano Nuevo, 149 miles. 293 volunteers walked
along that stretch of shoreline counting every mammal and bird that
washed up. The worst stretch of beach was compared to Pier 94. Apx.
134 Western Gulls were found dead per year along 149 miles of beach.
Western Gull is an ocean bird not really a bay bird. It can fly 4 to
5 miles from the coast. The number of birds that can wash up
on the coast is much greater than from the much smaller bay. Pier 94
is a half mile long and 100 gulls were found dead in one year. That
is only 30% less than the number found on the whole 149 miles of
coast or about 300 times more gulls per equivalent area of coast. The
highest count on a coastal beach is Francis Beach in Half Moon Bay.
It is 6 times greater in dead birds than the average beach. If we
compare how many have died there to Pier 94 it comes out to half the
amount of birds. A study was done to find out why so many birds were
dying at Francis Beach. They found a landfill nearby and the birds
were contracting Aspergillosis. They have since switched to a closed
waste system but results are not in if deaths are near average. The
case is remarkably similar to Pier 94.
What has been done since October?
Nothing. Darling Int. was supposed to do something to keep the birds
out. The Port has paid for about a dozen necropsies but do not know
the results. Fish & Game is in the fourth year of their
investigation of this problem. Waiting to hear what their research
will show. They do not communicate with the public. The government of
SF should make a statement regarding these wild animals. They should
report this to the public. If housing is built in the area, they can
plan to be seeing dying birds on their property. There is no cure for
Aspergillosis. All the birds die when infected.
Comr. Brooks – Can you tell us what
would be the ideal steps for us to take right now? We are considering
sending this letter but what makes a letter more impactful is an
action plan to recommend. A recommended plan can be followed up and
is more proactive.
Richard Drechsler – Some communities,
as in Massachusetts, have passed laws forbidding letting birds from
entering and eating from garbage dumps, land fills, or rendering
plants. These birds are dying by what they are eating. If birds could
not eat from these sites the problem would abate immediately. We need
to know if Fish & Game cannot solve this problem it needs to go
to someone that can. Right now, no one person has the veterinary
knowledge, toxicology knowledge, and bird knowledge to put this all
together. The results will show that birds are eating on someone’s
property and they need to stop.
Comr. Aldridge – How did they solve
it in Mass.? Does everything have to be enclosed?
Richard Drechsler – They leave it up
to the companies to find solutions. They do not pose it as a bird
conservation issue but an over abundance issue in that they have too
much food to eat. Hasn’t called anyone in Mass. To see if its
working. Had thought of trying that approach here. They use noise
makers, falcons to scare the birds off.
Comr. Hemphill – Have suggested to
Darling to enclose their facility in the past but they haven’t done
so. Its probably due to cost.
Richard Drechsler – It all happens in
the unloading yard which is about a quarter acre. They could use
netting but they are not pushed. They claim to cover their trucks to
keep the birds out. Hard to tell.
Comr. Gerrie – It seems obvious that
Darling is the source of the bad food since it is only a block away.
Visited the nearby Recology Center recently and saw a lot of birds
flying in the huge opening to the garbage inside. But the problem
seems to be with Darling since the gulls are not being found on the
Recology side. In other States they have had lawsuits and had to
enclose their facilities. Would like to see a recommendation along
those lines.
Richard Drechsler – The Port might
say that you have no proof. A law enforcement officer could say that
he has seen them eating from that facility. It has to be an officer
not just an ordinary citizen.
Comr. Gerrie – I’ve noticed that a
lot of the birds are young first and second year birds that are dying
adding that their deaths are from unnatural causes. Also noticed the
birds hang out in a large pool fed by rain water. Don’t know if
that water has been tested.
Comr. Hemphill – A lot of other birds
are around that pond and they are not dying.
Comr. Aldridge – Complex issue.
Aspergillosis is an opportunistic fungus of composting vegetating
matter which is difficult to treat. Are the birds getting this
infection due to being weakened by something else? Maybe. Is Darling
attracting an abundance of birds that weakens some? Or, are weakened
individuals coming there to feed because it is easier? No one has
studied it enough so no one knows. Eliminating the attractant makes
sense. High densities in a localized area is a recipe for a medical
disaster. Would be a great student research project at a university.
Richard Drechsler – This problem has
been going on for fifty years and will continue. The company will get
bigger drawing more birds and will result in more deaths.
Comr. Denny – Have any necropsies
been done on the birds from the ocean side?
Richard Drechsler – They have done
necropsies and most have died from Aspergillosis.
Comr. Denny – What usually kills
gulls?
Richard Drechsler – Accidents. At
Alcatraz, conflict and accidents. If they break a leg or a wing they
won’t survive. If gulls live past 5, 90% will live until 10. Most
gulls live from 15 to 25 years. They are long lived and tough. An
infectious disease is killing them.
Comr. Denny – Birds found at Alcatraz
or Bodega Bay do not have Aspergillosis?
Richard Drechsler - Not sure. Have not
seen the data. There was a die off even in 2004/2005. A lot of
Cormorants washed up. None of them died from Asperegillosis.
Comr. Hemphill – Will read the letter. Tried not to point a finger
but maybe we should.
“The Animal Control and Welfare Commission
met on February 10, 2011 and voted to alert you regarding the
unusually high death rate of Western Gulls in the area of Pier 94.
The Western Gull is an omnivorous bird that eats fish and also
scavenges carrion if it is available. The district surrounding Pier
94 is an industrial area whose businesses recycle rubble, garbage and
carrion. The area attracts hungry gulls which roost along the shore,
their native habitat.
But for many years, some birds have been
found with greased feathers and broken limbs and many have been
discovered dead or dying. Necropsies have found Cholera, Salmonella,
Aspergillosis and rodenticides in their system. Although businesses
in this area have said that they have changed their practices, using
snap traps for rodents rather than rodenticides, and washing trucks
that have carried animal waste, as well as covering trucks, 10% of
dead or captured gulls are still found greased and the death rate at
Pier 94 continues to rise. It’s routine to see numerous gulls
foraging in the unloading yard of the animal rendering plant on
Amador St. (could change it to Darling International)
Fish and Game has been working on this issue(
for four years) without resolution as has the Port of San Francisco.
There needs to be a stronger push to solve this mystery of Western
Gull deaths. If this death rate were occurring in domestic dogs or
cats, the problem would have had more attention and focus than the
wild birds have received. We feel that more needs to be done. One
possibility would be to contact Fish and Wildlife. (knowing that they
are there already, might alter that sentence) And, in human terms,
whatever is killing the birds represents a dangerous condition and
could also potentially be harmful to humans.”
Comr. Aldridge – Would like it be stronger
worded to get the mystery solved. Would change “We feel more needs
to be done” to just “More needs to be done”.
Comr. Gerrie – Also wants Darling to be named
. Have seen hundreds of birds going to Recology every morning but
they are not dying there. They are dying near Darling. They have had
law suits in other states and been forced to cover their facilities.
Comr. Page – Would like more statistics on
number of birds found greased. Richard stated half were found greased
when dead.
Comr. Hemphill – About five birds a week is a
good number to hold onto.
Comr. Denny – Would be helpful to get copies
of the adjudicated cases to help with this. Details of that case
would be a stepping stone to know what to ask for.
Comr. Russo – Would concur with the letter
being worded more strongly.
Comr. Brooks – We should be guiding the
Supervisors on what we think should happen versus just alerting them.
Comr. Denny – Best to hold off until we have
more information making for a stronger case.
Comr. Hemphill – We’ll then hold off and
bring it back next month.
Richard Drechsler – Try to get Fish &
Wildlife involved. Look for other sources, it is rarely just one
source. A law enforcement officer coordinating an investigation with
other specialists would be best. It is not in the right hands now.
Need to get to the bottom of where they are being poisoned and then
mandate solutions to the appropriate companies.
Comr. Hemphill – According to Jamie Ray, Fish
& Wildlife are pulling the strings of Fish & Game telling
them what to do.
Comr. Stephens – Likes Jack’s idea of this
being a great research project for students at a university such as
Berkeley, Stanford, etc. Could get the research going quickly to
prove once and for all rather than waiting for Fish & Game to do
it.
Richard Drechsler – The only laws that
protect these birds are only enforceable by US Fish & Wildlife.
Not California’s Fish & Game.
Comr. Stephens – The reason to get a
university involved is they don’t care what laws are being broken,
they just want to know why these animals are dying.
William O’Brien – Fish & Game Warden -
This is an ongoing investigation and cannot divulge a lot of details.
The first investigation was with Darling and the covering of their
trucks. Darling was very cooperative. Made many observations of their
practices. Discovered their practices are well above what the law
requires. Birds could
get in where the meat is rendered but few were able to. Does not
account for the number of birds dying. The second investigation
concerned the use of rodenticides. Took dead birds to pesticides lab
at Rancho Cordova. Less than half had any anti-coagulant, a sign of
rodenticide poisoning, but then learned that the same percentage of
all animals
brought to the lab from throughout the State have anti-coagulant in
them. That wasn’t the problem. The only consistent commonality
between the dead birds was Aspergillosis. 73% of birds necropsied
had Aspergillosis. Salmonella was also found but that is to be
expected by what they eat. Avian cholera was found in one bird.
Caused by Pasteurella multocida. Surprised more birds did not have it
as it spreads easily among birds. The main cause of death, by far,
was Aspergillosis which is found commonly in nature. Healthy birds
fight it off.
Came up with two conclusions. Something is
weakening their immune system. Didn’t find anything. Also, didn’t
find weakened birds that didn’t
have Aspergillosis. The other option is they are getting a massive
dose from somewhere. It is much easier for birds to get it than
mammals because their respiratory system is basically a hollow tube.
US Fish & Wildlife has been involved in this from the beginning
but they are not pulling the strings. Brought this to them when first
learned of it. They don’t have the manpower however. They have two
special agents for the whole Bay Area and down to San Luis Obispo.
They have a lot of inspectors but they can’t do investigations.
They are there in an advisory capacity however. Have been in constant
touch with Alfred Colby. The laws that protect gulls is the Federal
Migratory Bird Act of 1918.
Met with federal agents Colby and Mann who
came out over this issue. The possible help from the lab Rancho
Cordova was limited to pesticides analysis. The Office of Spill
Prevention and Response, OSPAR, found two biologists from there to
help. They came up and showed what had been learned so far. They
first thought it was pesticides. Talked with Wildcare about
anti-coagulant factor of birds being treated there. Anti-coagulant
will cause them to bleed when given a shot. Didn’t see that. The
investigation was starting to narrow down. The scope of the
investigation from the beginning was going from business to business
looking for rodenticides and decaying organic matter. Have found a
likely source of Aspergillosis but cannot reveal who that is until
tested. Contacted Julia Burco of Oregon Fish & Wildlife, did her
dissertation on Aspergillosis on seabirds in this area. She has been
very helpful and is the only expert in this field. I now have working
with me; the Port of SF, two OSPAR scientists - one a seabird
specialist the other a pathologist , the pesticide biologist, one
veterinarian at UC Davis, a third scientist from OSPAR is coming in
tomorrow. Will be having a meeting tomorrow with Recology’s
environmental manager to discuss their possible role. Hoping that the
City will pay for a scientist to take over this case. I am not a
scientist but in law enforcement.
No law has been broken in this case so far.
We have a naturally occurring fungus, breeding in huge amounts, in an
enclosed space that is accessible to birds. The birds breathe in the
spores and get sick. When they get sick they head for fresh water.
The only source of fresh water nearby is the pond at Pier 94. That is
why they are found dead there. If Darling was closed tomorrow deaths
might decrease from 3 to 5%. Darling is not the problem. They have
been vilified a lot. I have investigated them and they have been very
cooperative. There is nothing
to show that they are a majority of the problem. It is a certainty
that some of the birds are getting in there and getting greased to
the extent that they can no longer fly. They can recover from being
greased. The fresh water at Pier 94 is a gathering place for many
birds. The water was tested for toxins and was found to be OK. This
investigation has been going on for some time but I do not go to the
public to report findings. Usually we wait for the public to come to
us and start asking. No one called me. Heard about this meeting by
chance and came down.
Comr. Hemphill – You were in touch with
Audubon for a long time?
William O’Brien – The problem with Audubon
is they are a citizen organization. When they call I can’t give
them details.
Comr. Hemphill – What about the Port?
William O’Brien – Absolutely.
Comr. Hemphill – That is what is hard about
this is that there is no central place to access information.
William O’Brien – I can fix that by giving
you my phone number. I have been working on it for months. The
scientists working on this case are very excited about it. The hope
is to map the genome of Aspergillosis and possibly find a way to
treat infected birds. Often there are die offs that come and go, the
source not being discovered. In this case, we are 90% sure of the
source and it has been going on for a long time. That would be a
great project for a grad student as talked about earlier. This isn’t
exactly law enforcement and have had to sell it to my supervisors.
Have spent most of my time on this case. I have been counting,
mapping, and tagging birds for a while so to say nothing is happening
is wrong.
Comr. Aldridge – Appreciate the work being
done by you. Can see how the people seeing the dead birds want
answers and don’t get answers because the work is being done on a
higher government level. How much longer will this go on?
William O’Brien – Hope it is done by summer
time. Have found waiting for lab results can take time and slows the
process. Best case scenario is the City will contract a scientist or
two to work on this and take it off my hands.
Comr. Hemphill – When would you see
the City paying for a scientist? In the summer?
William O’Brien – No, I would like
to see it happen now. Fish & Game would be happy to have their
scientist come and work on it but their scientist is in Santa Cruz
and would not be able to come up here often. A new warden started
last fall so I was able to devote more time to this case. I thought
it would take years to get as far as we have in only a few months.
Comr. Gerrie – I find it fascinating
that the logical conclusion is to blame Darling for the dead birds.
But the truth is that birds are attracted close to Darling because of
the access to fresh water.
William O”Brien – Yes that does
make sense but with diligent watching, testing, and interviewing we
found there part in this was minor compared to what we are looking at
now. Would encourage leaving Darling’s name out of the letter you
want to send. Darling has been very cooperative. Some birds do get
killed there in accidents. Many more birds are killed at Pier 45, a
commercial fishing pier, there, birds are run over by trucks, killed
in fights over scraps, killed by sea otters, everyday.
Comr. Denny – Is this similar to what
happened in Massachusetts?
William O’Brien – Not sure. Will
find out and report next month. I was the warden involved with
investigating the tiger mauling at the zoo. Title 14 gives parameters
for any wild animal you may have such as the tiger at to the cage
size and how high the fence should be. All that can be followed to
the letter but there is a clause which says it must be escape proof.
At Darling, they may follow the laws of what is required but if birds
are getting in there anyway, they are breaking the law. They use a
power hose to chase away the birds almost every time the door is
opened. They just spray to scare the birds away. Have not seen any
birds hurt by the water. They don’t want the birds in there. The
organic material that they have is rendered immediately and does not
provide time for the Aspergillosis spores to grow.
Comr. Russo – Why will it take until
summer for results?
William O’Brien – All the testing
takes time. Birds have also gotten Aspergillosis in treatment centers
after oil spills when they are in a weakened state. Julia Burco’s
Aspergillosis study started with birds that had been captured and
were in rehab centers.
Comr. Aldridge – If it is proven that
the source is found, are there any laws being violated? And is there
a solution?
William O’Brien – Probably no laws
are being violated. A solution would be impractical to keep the birds
out. At Pier 96 they tried to keep the gulls out with a recording of
the cries of the falcon. It worked at first, now they are used to it
and ignore it. They are extremely adaptable. Even if the doors
were shut 100% of the time they would find a way in because they know
food is there. The only way to get rid of the problem is to
get rid of the food source. The only thing to be done now is to prove
where it is and map the Aspergillosis genome and detect it earlier.
The one good thing is that it may also prove to be a public safety
hazard and the people that live and work around it can be protected.
Carol Bach – Port of SF
Environmentalist – The Port has 5 environmental staff in various
operating divisions to handle all environmental compliance and
management issues that arise in over 7 miles of the Port’s
waterfront. Scope ranges from construction work being done at the
Port to environmental review of the America’s Cup. Have managed two
wetland restoration projects. Surprised to learn about this hearing
tonight that addresses issues on Port lands and involved Fish &
Game, neither of us were told about it. Not true to say no
professionals have been working on this. William mentioned several.
Fish & Game has brought in a great team and spent a lot of time
on this issue. The biologists based in Santa Cruz are writing up a
grant proposal for $10,000 to look at this issue. The grant source
gives grants to look at the interactions of urban and wildlife and
the problems that result from that. The grant proposal will be
dedicated to this project, which will include air sampling. If the
City wanted to help, matching funds would be appreciated. Once the
first step of identifying the source, mitigation is possible.
Comr. Hemphill – Have not had success
in dialoging with the Port, nor in contacting William O’Brien.
Carol Bach – Notifying us of this
meeting would be a great way. You have my phone number and can call
at anytime. We have reported on this issue at the Southern Waterfront
Advisory Committee Meetings. The last one was in October. At the
October meeting only 4 of the 18 necropsies had been performed and
the Aspergillosis pattern had not been indentified. The next meeting
will be in two weeks and an update and progress report will be given.
Comr. Hemphill – Appreciate the
update.
5 A) Public Comment
Richard Drechsler – Obrien and Bach’s
comments were all about the future. This problem is still not solved.
This has been going on for many, many years. They were not talking
about the history of the problem and being up front with the problem.
Carol Bach wants to know why you didn’t tell her about these
meetings. She knows how involved Kelle and I are in this. When I had
a chance to report to the Port Board about Darling, I didn’t find
out about their meeting until the night before. This is a simple
environmental problem that needs to be solved and stopped.
Kelle Gasmarchek – Appreciated
efforts of the Port and Fish & Game but is frustrated with the
pace of the investigation. Is out there almost everyday gathering
dead and dying birds. Appreciates Richard for getting the word out.
Started monitoring daily in early November. Up to 80 birds so far.
Darling is at least partially responsible. Has pulled birds out of
trucks at Darling. Talked to people that have said this problem has
been going on for many years.
Public comment closed
Comr. Stephens – Are you just piling
up the dead birds and leaving them there for display? Feel it is
disrespectful and they would stop doing that.
Comr. Hemphill – Yes it keeps a
count. We put red ties on the legs to not count them twice.
Richard Drechsler - It is natural to
just let them lay there and decompose.
Comr. Stephens – Your whole point is
they are dying unnaturally . Could ACC pick them up?
Comr. Guldbech – They are also
exposed to other animals which could be a health factor. We can
barely keep up with the dead animals we get calls for. We don’t
pick up dead birds.
5 B) Discussion on how the
Commission can better communicate with the public.
Comr. Hemphill – We have voicemail.
Is it checked?
Comr. Gerrie – Checked it yesterday.
We had four calls, two were for ACC and two were hangups.
Comr. Hemphill – That doesn’t sound
very effective. We don’t have e-mail. We could get a gmail address
for all of us to use. We get letters?
Comr. Gerrie – Checked today and
there was no mail.
Comr. Hemphill – Current ways to
communicate are not effective. Wonder if we can do something else?
Comr. Brooks – In the past, when a
member of the public wanted an item on the agenda they approached one
of us. We are here and people can come and talk with us.
Comr. Hemphill – Most people don’t
know they can do that. They don’t come to meetings.
Comr. Aldridge – The 2011 answer is
we need social media, Facebook and Twitter.
Comr. Stephens – With e-mails , we
would have to keep them and not delete. Asked Rebecca Katz what the
requirements were. She said they were not too onerous. Would work
best if one person had e-mail access and then forwarded, as
appropriate, to Commissioners. We need to first find out what the
record retention requirements are.
Comr. Gerrie – Have noticed that the
Examiner will have a piece on a newsworthy issue we will be
discussing. That paper has a wide distribution. It is an indirect way
to communicate with the public.
Comr. Hemphill – Just exploring this
issue tonight. Unless someone knows one of us personally, people
don’t know to approach us with an issue.
Comr. Gerrie – People have come and
raised concerns in general public comment. I make a point of
following up on those concerns. They have asked us to do something
and it just falls through the cracks.
Comr. Russo – Looked at the
Commission’s website recently. Aspects of it were outdated, such as
the seat openings from 2008.
Comr. Stephens – Are you
volunteering? We don’t have staff.
Comr. Russo – Don’t have the
skills.
Comr. Brooks – Maybe you could be the
coordinator?
Comr. Stephens – That is the
webmaster’s responsibility.
Comr. Hemphill – Have e-mailed in the
past to the webmaster and it has made no difference.
Comr. Stephens – The webmaster will
post anything we send to them. If someone wants to monitor the
website we could ask them to take out outdated information.
Comr. Hemphill – The listed vacancies
are on a general page of vacancies not on our website. That
information is sometimes 5 years old.
Comr. Gerrie – I receive a form
bi-yearly from the Clerk of the Board to update the information on
Commissioners.
Comr. Stephens - A new law was passed
that quarterly vacancies on a Commission must be reported. I sent it
in in December. There is a Commissioner database somewhere in the
system.
No Public Comment
6. General Public Comment
No Public Comment
7 & 8 Calendar items and task
allotments
Comr. Hemphill – William O’Brien
will come back if there is something new to report.
9. Adjournment 7:45 PM
Respectfully submitted by Philip Gerrie
Commission Secretary
