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Consent-General Government   # 12.
Board of Supervisors
Agriculture
Meeting Date:
12/05/2023
Brief Title
Approve renewal of four-year cooperative agreement with the USDA-APHIS
From:
Humberto Izquierdo, Ag Commissioner/Sealer of Weights, Agriculture
Staff Contact:
Sabrina Ledesma, Senior Administrative Services Analyst, Agriculture, x8108
Supervisorial District Impact:
Countywide

Subject

Approve renewal of a four-year cooperative agreement with the United States Department of Agriculture-Animal Plant Health Inspection Service-Wildlife Services (USDA-APHIS) for the protection of people and their property from damage from predatory animals for the period July 1, 2023 through June 30, 2028; approve the 2023-24 Work and Financial Plan in the amount of $44,526.66; determine the foregoing actions to be categorically exempt from review under the California Environmental Quality Act. (No general fund impact) (Izquierdo)

Recommended Action

  1. Approve and authorize the Chair to execute the renewal of a four-year cooperative agreement with USDA-APHIS-Wildlife Services for the protection of people and their property due to damage from predatory animals, for the period of July 1, 2023 through June 30, 2028;
     
  2. Approve and authorize the Chair to execute the 2023-24 Work and Financial Plan in the amount of $44,526.66; and
     
  3. Authorize staff to file a Notice of Exemption from the California Environmental Quality Act ("CEQA") based on CEQA Guidelines Sections 15061(b)(3), 15307, and 15308.

Strategic Plan Goal(s)

Safe Communities
Flourishing Agriculture

Reason for Recommended Action/Background

Approval of this agreement and the annual Work and Financial Plan will allow Wildlife Services to continue to protect residents, property, livestock, crops, and natural resources from damage caused by predators and other nuisance wildlife.

The cooperative contract for Yolo County is for one Wildlife Services Specialist position. Yolo County has partnered with Wildlife Services for more than ninety years; this four-year Cooperative Agreement will continue the partnership until June 30, 2028.

The cooperative agreement may be terminated by either party upon 90 days written notice to the other party.

USDA-APHIS also provides services to the University of California Davis, and the cities of Winters and Woodland. Each year USDA will provide a Work and Financial Plan projecting the county's portion of the program costs for the upcoming year.

The County has continuously maintained the IWDM Program in its current form since at least 1924 with a break between 1932 and 1939. It is implemented throughout Yolo County, including incorporated cities (with service limited to technical advice in the City of Davis). Over the past five calendar years (2018-23), the IWDM Program has resulted in the removal of 885 animals, for an average of 148 per year, in response to property and agricultural damage. Animals removed have primarily included coyotes (59%), beavers (28%), and skunks among those commonly removed. Less common animals removed through the IWDM program include squirrels, raccoons, opossums, turkeys, and a fox (all less than four individuals per year on average). USDA staff has also provided assistance to County residents, serving 2,522 participants in the prevention and/or control of wildlife damage to property. In addition, this program provides animal disease surveillance, including Rabies and other diseases of concern for humans and animals. 

In consultation with the Office of the County Counsel, the Agricultural Commissioner recommends that the Board find the recommended actions to be categorically exempt from the California Environmental Quality Act ("CEQA") under the following provisions:
 
  1. California Code of Regulations, Title 14, Chapter 3, Section 15061(b)(3) of the CEQA Guidelines, which exempts actions where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. 
    Analysis: The IWDM Program would not have substantial adverse effect on the environment, as this program will operate within the bounds of all local, state, and federal laws and USDA will seek regulatory agency approval and applicable permits before the removal of any game, candidate, sensitive, or special status species identified in local or regional plans, policies, or regulations by the California Department of Fish and Wildlife (CDFW) or U.S. Fish and Wildlife Service (FWS). 
     
  2. California Code of Regulations, Title 14, Chapter 3, Section 15307, Class 7 (Actions by Regulatory Agencies for Protection of Natural Resources) of the CEQA Guidelines, which exempts actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. 
    Analysis: The IWDM Program maintains natural resources associated with publically managed parks, lakes, state and national forests, wildlife and fish, (including sensitive, threatened, and endangered species), and wetlands.  Natural resource protection includes the protection of natural areas from the impacts of invasive species such as feral swine, the safeguarding of rare, threatened, and endangered wildlife species from the negative impacts of more abundant ones, and the provision of information and education on the ecology and values associated with wildlife encountered by the public. 
     
  3. California Code of Regulations, Title 14, Chapter 3, Section 15308, Class 8 (Action by Regulatory Agencies for Protection of the Environment) of the CEQA Guidelines, which exempts actions taken by regulatory agencies as authorized by state law of local ordinance to assure the maintenance, restoration, enhancement, or protection of the environment. 
    Analysis: The IWDM Program maintains, restores, and enhances the environment by protecting threatened and endangered wildlife and plants from the impacts of disease, invasive species, and predators. These activities are conducted in collaboration with FWS, CDFW, and conservation organizations.
CEQA categorical exemptions are subject to certain exceptions (Section 15300.2 of the CEQA Guidelines). For example, a categorical exemption "shall not be used for an activity  where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances."

Staff are unaware of any "unusual circumstances" that may be relevant to the application of the foregoing exceptions to the IWDM program.  The substantial evidence supporting this determination includes, but is not limited to, the following:
  • The Program has been in existence within Yolo County for over 90 years  and there is no evidence the Program has had an adverse effect on the environment during this time. Depredation activities have been occuring annually for nearly a century and ceasing such activities would in fact result in a "change" to current conditions, and would impair ongoing efforts to maintain the environment and protect natural resources.
  • Over 30 other counties throughout the State operate the same or a similar program and there is nothing unsual about Yolo County's implementation of the IWDM Program. 
  • While death and harm to wildlife may be considered by some as "unusual", all of the wildlife subject to damage management control measures under the IWDM Program in recent years have not been threatened, endangered, or fully protected species under state or federal law and therefore are not protected species for purposes of CEQA. In other words, impacts to non-threatened species such as beaver and coyotes would not be considered significant under CEQA and would not be subject to environmental review. In fact, animal removal is sometimes beneficial to the protection of endangered, threatened and fully protected species. When depredation of individual animals classified as members of sensitive species is necessary, it is done with full compliance of State and Federal "take" procedures to ensure that the species are afforded full protection. 
For all the foregoing reasons, staff request that the Board approve the recommended actions. 

Collaborations (including Board advisory groups and external partner agencies)

USDA-APHIS-Wildlife Services, County Counsel, and the County Administrator's Office were consulted.

Competitive Bid Process/Vendor Performance

N/A

Fiscal Impact

Fiscal impact (see budgetary detail below)

Fiscal Impact (Expenditure)

Total cost of recommended action:
$    44,527
Amount budgeted for expenditure:
$    44,527
Additional expenditure authority needed:
$   
On-going commitment (annual cost):
$    44,527

Source of Funds for this Expenditure

General Fund
$44,527

Further explanation as needed:

Each year of the cooperative agreement, USDA will submit a Work and Financial Plan itemizing the costs proposed for the upcoming year. The cost for the 2023-24 fiscal year is $44,527. The ongoing cost beyond 2023-24 is an estimation, since subsequent years will be negotiated annually.

Attachments

Form Review

Inbox Reviewed By Date
Dave Guerrero Dave Guerrero 11/27/2023 09:35 AM
Humberto Izquierdo Humberto Izquierdo 11/27/2023 09:42 AM
Financial Services mrobertson 11/27/2023 09:52 AM
County Counsel Hope Welton 11/27/2023 10:01 AM
Berenice Espitia Berenice Espitia 11/27/2023 03:06 PM
Form Started By:
Sabrina Ledesma
Started On:
11/06/2023 08:49 AM
Final Approval Date:
11/27/2023