Fish And Wildlife Habitat Conservation Areas
Fish and Wildlife HabitatConservation AreasKeith Folkerts, WDFW Land Use Policy LeadCAO Workshop, EW Planner’s Forum, October 26, 2016Rev. 10/18/2016
Presentation Overview Background 5 Hot Topics for CAO updates WDFW’s Roles & Responsibilities in GMAPHS and other WDFW resourcesBald eaglesDefinition of Fish and Wildlife Habitat Conservation AreasHabitats and Species of Local ImportanceVoluntary Stewardship ProgramMonitoring and Adaptive ManagementQuestions2
BackgroundGMA’s ChallengeWDFW Roles and ResponsibilitiesPHS Resources
GMA’s Challenge Designate and protect critical areas in keeping with BestAvailable Science and give anadromous species specialconsideration. RCW 36.70A.172 GMA requires local governments update CAOs to reflectrecent changes. RCW 36.70A.130 Protect means ecosystems of critical areas experience “no netloss of ecological function” (WAC 365-196-830(4))Laws, rules, interpretations, population, local circumstancesMy task: help you understand what’s changed recentlyrelated to Fish and Wildlife Habitat Conservation Areas FWHCA provisions are found in WAC 365-190-1304
Roles & Responsibilities Local governments are solely responsible for creating andimplementing land use plans, implementing ordinances.WDFW is recognized as a source of technical expertiseregarding fish, wildlife, and habitat WAC 365-190-130 We are purveyors of BAS for fish, wildlife and habitatUnder state law, WDFW has an obligation on behalf ofthe public to perpetuate fish and wildlife—which areconsidered property of the state. RCW 77.04.012 WDFW has no regulatory authority regarding land use5
How we operate is guided by our principlesPOLICY 5004:WDFW’s ConservationPolicy Guiding PrinciplesLong-term benefit of people, fish,wildlife, habitatSupport healthy ecosystemsWork across disciplinesIntegrate ecological, social, institutionalperspectivesEmbrace knowledge, apply best science,adaptively mangeCollaborate with partners6
WDFW OrganizationDirectorEnforcementProgramWildlife ProgramFish ProgramHabitat ProgramRegional HabitatProgramManagerRegional HabitatBiologists7
Priority Habitats & Species Since 1990 PHS is how WDFW provides info about fish,wildlife, and habitats to inform land use decision making Customers: Counties, cities, developers, landowners Court-recognized source of Best Available ScienceAlso foresters, agencies, WDFW staff, researchers PHS Uses CAO updatesPlanning/permitting development projectsInforming mitigation projectsPlanning/permitting timber harvestsPlanning conservation acquisitions; managing land for wildlife8
The PHS SuitePHS List1. Criteria-based; listed, vulnerable, or culturally significantPHS Maps2. Known locations of Priority Species and Priority HabitatsPHS Management Recommendations3. Synthesis of science-based land management considerationsPHS Technical Advice4. Site-specific, situation-specific advice from Habitat BiologistsPHS Customer Service5. Provide spatial data in keeping with Sensitive Data policyPHS Monitoring and Adaptive Management6. Tools to evaluate and improve land use management and habitat9
What PHS IS and IS NOTPHS IS PHS IS NOT A suite of info and tools toinform land use decisionsJust a list, just managementrecommendation, or just a mapGuidelines/AdviceRegulationWDFW’s identification of keyspecies/habitats vulnerableto harm via land usechangeA general tool that typicallyrequires a skillful applicationAn exhaustive list of species/habitats WDFW is concernedaboutA cookbook that provides aready answer for all cases10
WDFW Resources PHS info: www.wdfw.wa.gov/conservation/phsRegional Biologist info: http://arcg.is/1SgsHqk/11
Hot Topics forCAO UpdatesBald EaglesFWHCA DefinitionSpecies of Local ImportanceVoluntary Stewardship ProgramMonitoring and Adaptive Management
Hot Topic #1: Bald Eagles Eagles are doing well! Delisted from ESA! USFWS has assumed primary responsibility for bald eaglemanagement State Threatened to Sensitive; reviewing now for possible delistingBald and Golden Eagle Protection ActMigratory Bird Treaty ActWAC 232-12-292 has no effect; referencing it in a CAO ismeaninglessWDFW no longer participates in developing or reviewingBald Eagle Management Plans; CAOs should not require it13
Recommendations for CAO Updates Require that developers who may potentially impact baldeagle habitat complete the USFWS’ self-assessment todetermine if a permit from USFWS is needed USFWS recommends local jurisdiction NOT automaticallyrequire a USFWS permit because the self-certification processcan result in actions that make the 500 permit unnecessaryUSFWS recommends developers only apply for a USFWSpermit if the self-certification process determines that a permitis neededUSFWS recommends (and WDFW concurs) thatdevelopment activities near bald eagle habitat be carriedout consistent with the national Bald Eagle Guidelines14
Bald Eagle ResourcesUSFWS’ self-certification andNational Bald EagleManagement Guidelines areavailable athttp://www.fws.gov/pacific/eagle/ USFWS contacts: Mark Miller (360) 534-9347Migratory Bird Permit Office,(503) 872-271515
Questions about bald eagles?16
Hot Topic #2: FWHCA Definitions 2010 reorganization of WAC 365-190, -195, and -196simplified and clarified the rules/guidance/minimumstandards contained in these chapters.WAC 365-190-030 has new/revised definitions for Fish and Wildlife Habitat Conservation AreaHabitats of Local ImportanceSpecies of Local ImportanceWAC 365-190-130 has a new/revised definition for Fish and Wildlife Habitat Conservation17
Recommendations for CAO Updates See handout for redline/strikeout version of changes WDFW recommends CAOs reflect these new definitions Departures from these definitions, when appropriate, shouldbe explained using BAS and a reasoned processQuestions?18
Hot Topic #3: Habitats and Species of LocalImportance The State Supreme Court ended Ferry County’s bid tolist only subset of PHS habitats and species as Habitatsand Species of Local Importance. Ferry County v. Concerned Friends The Court affirmed the County’s right to not include somehabitats or species, but reaffirmed that such a decision must bebacked by a scientifically reasoned decision-making process.Also see Stevens County v. Futurewise Ferry County’s CAO now designates all Priority Habitatsand Priority Species on WDFW’s PHS List as Habitats andSpecies of Local Importance. http://www.ferry-county.com/Planning/PDF %202016-03(1).pdf19
Recommendations for CAO Updates GMA requires counties and cities to protect the functionsand values of critical areas/ecosystems GMHBs/courts repeatedly have affirmed that counties maydecide whether to designate species/habitats of localimportance AND that decisions to not designate PHS must bejustified Search “ecosystem” in GMHB DigestWDFW recommends CAOs designate and protect allPHS Habitats/Species as Habitats and Species of LocalImportance (or through some other means) For jurisdictions that choose not to designate/protect all PHSspecies/habitats, jurisdiction should maintain a record of thescience used to reach that conclusion20
Recommendations for CAO Updates Spreadsheet of county-specific Priority Habitats andSpecies is athttp://wdfw.wa.gov/publications/00165/2013 distributionby county.xls WDFW Habitat Biologists can help determine if it makes senseto exclude some of these species from your CAO (e.g., whales)A Digest of Growth Management Hearings Boardsdecisions is available ntJointDigestFebruary2016Update.pdf21
Questions about Habitats and Species ofLocal Importance?
Hot Topic #4: Voluntary Stewardship Program Alternate way to addresscritical areas in ag lands 3 years to complete planFor counties that didn’topt in CAOs must addressag lands like non-ag landsGoal: Protect and enhance critical areas whereagricultural activities are conducted while maintaining andimproving long-term viability of agriculture Standard for protection of critical areas is maintenance of2011 conditions
Hot Topic #4: VSP Work plan elements: Identify Critical areas and ag activitiesEconomic viability of agriculture in countyOutreach plan to contact landownersEntity to provide landowner assistanceMeasurable programmatic and implementation goals andbenchmarksWDFW recommends Watershed Groups invite WDFWHabitat Bio to sit on Technical Advisory Group Bio can help with initial conditions, critical areas, benchmarksWDFW on the state Technical Review Panel that determines ifwork plan protects critical areas while maintaining/enhancing ag
Questions about VSP?
Hot Topic #5: Monitoring and AdaptiveManagement WAC provisions on BAS (365-195) unaltered since firstreleased (2000) Monitoring and Adaptive Management discussed in WAC 365195-920State Supreme Court said in Swinomish1 that a monitoringprogram that lacks benchmarks is inadequate1 161 Wn.2d415, Swinomish Indian Tribal Community v.Western WashingtonGrowth Management Hearings Board
Hot Topic #5: Monitoring and AdaptiveManagement The inherent uncertainty and complexity of FWHCAs(e.g., riparian areas) means gathering sufficient scientificinformation to reduce/eliminate risk associated withmanaging land use is practically impossibleWAC specifies two options for local governments facinguncertainty surrounding their management of criticalareas: Precautionary principleMonitoring and adaptive management
Recommendations for CAO Updates WDFW recommends jurisdictions establish a monitoring andadaptive management program Especially where protections are riskier (e.g., narrower buffers)What to monitor? Land cover or land cover changeProgrammatic items Is mitigation completed? Are follow-up inspections completed? Doespermit tracking system facilitate follow on monitoring?Examples Snohomish County Critical Area Monitoring Report, 2014 2692King County CAO monitoring website programs/sciencesection/critical-areas.aspx
PHS Monitoring and Adaptive Management PHS Adaptive Management Tool: High Resolution ChangeDetection dataset allows you to answer questions such as Data is free and easy to use To what extent have tree cover been removed from FWHCAs?To what extent have impervious surfaces been added to FWHCAs?Costs WDFW hundreds of thousands of dollars to createCreated using incredibly complex methods to come up with aneasy-to-use, scientifically sound datasetLimited to Puget Sound basinContact Keith Folkerts, WDFW, 360-902-2390, keith.folkerts@dfw.wa.govMap at http://arcg.is/1YRTtnqHRCD data, journal articles, etc. at www.PSHRCD.com
Questions about Monitoring and AdaptiveManagement?
Questions?
regarding fish, wildlife, and habitat WAC 365-190-130 We are purveyors of BAS for fish, wildlife and habitat Under state law, WDFW has an obligation on behalf of the public to perpetuate fish and wildlife—which are considered property of the state. RCW 77.04.
Florida Fish and Wildlife Conservation Commission . 620 South Meridian Street . Tallahassee, FL 32399-1600 . Visit us at . . Team Members: Kelly Rezac, Division of Habitat and Species Conservation . James Rodgers, Fish and Wildlife Research Institute . Elena Sachs, Division of Habitat and Species Conservation . Tim Towles, Division of Habitat .
When I found One Fish Two Fish Red Fish Blue Fish I was sure I’d found the best learn-to-count book and that it would explain how to count without a grown-up to get you started.7 Here’s how it begins: One fish, two fish, red fish, blue fish. Black fish, blue fish old fish, new fish. This one has a litt
r. Seuss's One fish, two fish, red fish, blue fish is a clas-sic children's story, a simple rhyming book for beginning readers. We need a similar rhyme to help people grasp the problems afflicting Alberta's native fish species. It might read like this: Two fish, one fish, dead fish, no fish, No grayling or goldeye, something's amiss .
the type of habitat and wildlife that currently exist on your property and your habitat goals. It also depends on the habitat and wildlife in surrounding properties. Implementing a habitat practice could benefit some wildlife species and be detrimental to others. However, practically every landholding c
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U.S. Fish and Wildlife Service Land-Based Wind Energy Guidelines 1 Chapter 1 - General Overview The mission of the U.S. Fish and Wildlife Service (Service) is working with others to conserve, protect and enhance fish, wildlife, plants and their habitats for the continuing benefit of the American people. As part of this, the Service implements
attempt at pragmatism. Wildlife Management Institute, Washington D.C. Oregon Department of Fish and Wildlife. 2009. Recommendations for greater sage-grouse habitat classification under Oregon Department of Fish and Wildlife’s Fish and Wildlife Habitat Mitication Policy (OAR 635-415-0000).
The nonlinear springs are defined using API p–y curves at regular depth . intervals, where p represents the lateral soil resistance per unit length of the pile and y is the lateral deflection of the pile (API, 2007). As it was discussed before response of a single pile is different from response of a pile in a pile group due to group effect. One of the most common methods of accounting for .
