GGNRA'S PROPOSED "HABITAT PROTECTION" CLOSURE --

How Do You Feel About The Proposed Closure?

The National Park Service has just published, as required by federal law, its "proposal" to close twelve acres at Fort Funston (see proposal, below.) But ten of the twelve acres "proposed" to be closed have already been closed for several months! Half were closed illegally, without following publication and comment requirements. The other half were closed by declaring an "emergency" closure when, as for over sixty years, the bank swallows returned in April. However, in May a federal judge ordered all ten acres re-opened, after the swallows leave next month, while the case goes to trial:

Effective upon the end of the pending emergency (declared by the National Park Service upon the April return of the bank swallows), defendants are ordered to leave the gate open to the new temporary closure at Fort Funston and, with respect to the new permanent closure, to have installed such gates and leave them open as necessary to allow access to the gap and to the beach via the gap. Otherwise, the fences may remain in place pending a final judgment.

If and when the National Park Service fully complies with the regulation requiring notice and comment, 36 C.F.R. 1.5(b), the National Park Service may apply for the Court to modify and/or dissolve this preliminary injunction. If the National Park Service does not do so, the Court may not be sympathetic to a future closure based on an "emergency" when the bank swallows return in April 2001, given that their return is foreseeable and sufficient lead time seems to exist for the National Park Service to address any problems through non-emergency means.

IT IS SO ORDERED.
Dated: May 16, 2000.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

Now is your chance to register your feelings about this proposal for a new, expanded closure. It is crucial that the Park Service hear from everyone who has an opinion on this issue! You don't need to write a magnus opus! Jot down a few sentences as to why you are for or against the proposal, but mail it today because we don't have long to be heard! The Superintendent of the GGNRA is required to review all these comments and weigh them in making a decision about what (despite the current fait accompli) is so far only a proposal.

Send comments to:	and send copies to:	and/or:
Superintendent, Golden Gate National Recreation Area Bay and Franklin Streets Building 201, Fort Mason San Francisco CA 94123	Fort Funston Dog Walkers c/o Linda McKay 241 Tocoloma Avenue San Francisco CA 94134	SF DOG P.O. Box 31071 San Francisco CA 94131

Please also send copies to:
Willie L. Brown, Jr., Mayor City Hall, Room 200 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102 damayor@ci.sf.ca.us	The Honorable Nancy Pelosi Member of Congress 450 Golden Gate Avenue, #145378 San Francisco CA 94102 sf.nancy@mail.house.gov	The Honorable Tom Lantos Member of Congress 400 South El Camino Real Suite 410 San Mateo, CA 94402 E-mail info
The Honorable Barbara Boxer United States Senator 1700 Montgomery Street, Suite 240 San Francisco, CA 94111 E-mail form	The Honorable Dianne Feinstein United States Senator 525 Market Street, Suite 3670 San Francisco CA 94105 senator@feinstein.senate.gov	Supervisor Mark Leno City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102 Mark_Leno@ci.sf.ca.us
Supervisor Mabel Teng City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102 Mabel_Teng@ci.sf.ca.us	Supervisor Gavin Newsom City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102 Gavin_Newsom@ci.sf.ca.us	Supervisor Leland Yee City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102 Leland_Yee@ci.sf.ca.us

Bank swallows at their main Fort Funston cliff burrows, July 18, 2000. What's best for this colony?

To First Section of Fort Funston Forum