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Fish and Wildlife Protection through Critical Areas Ordinances: WDFW’s role

Fish and Wildlife Protection through Critical Areas Ordinances: WDFW’s role

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Page 1: Fish and Wildlife Protection through Critical Areas Ordinances: WDFW’s role

Fish and Wildlife Protection through Critical Areas

Ordinances: WDFW’s role

Page 2: Fish and Wildlife Protection through Critical Areas Ordinances: WDFW’s role

WDFW

The Land Speaks First*

Identify and protect critical Identify and protect critical areas areas beforebefore other planning other planning decisions are madedecisions are made

Avoid future development Avoid future development pressures on critical areaspressures on critical areas

Avoid public safety conflicts Avoid public safety conflicts (e.g., roads and wildlife)(e.g., roads and wildlife)

Avoid future species listings Avoid future species listings and associated costsand associated costs

* Bremerton v. Kitsap County, * Bremerton v. Kitsap County, CPSGMHB No. 95-3-0039cCPSGMHB No. 95-3-0039c

Page 3: Fish and Wildlife Protection through Critical Areas Ordinances: WDFW’s role

WDFW

WDFW Technical Assistance- more than just CAOs

Comprehensive land use planningComprehensive land use planning

Ordinance development—CAO, SMP, Ordinance development—CAO, SMP, Clearing & Grading, Stormwater Clearing & Grading, Stormwater Management Program, etc.Management Program, etc.

Incentive programs—Open space tax/ Incentive programs—Open space tax/ PBRS, Transfer and Purchase of PBRS, Transfer and Purchase of Development Rights, etc.Development Rights, etc.

SEPA- Programmatic and site specific SEPA- Programmatic and site specific project reviewsproject reviews

Page 4: Fish and Wildlife Protection through Critical Areas Ordinances: WDFW’s role

WDFW

Focus on partnership and cooperation

Planners are fish and wildlife managers, Planners are fish and wildlife managers, and our partnersand our partners

We provide data, maps, online We provide data, maps, online management recommendations, one-on-management recommendations, one-on-one meetings, field visits, local one meetings, field visits, local presentationspresentations

Our primary job is to provide the science to Our primary job is to provide the science to inform local decisionsinform local decisions

Page 5: Fish and Wildlife Protection through Critical Areas Ordinances: WDFW’s role

WDFW

Page 6: Fish and Wildlife Protection through Critical Areas Ordinances: WDFW’s role

WDFW

Designating fish and wildlife habitat conservation areas

Habitat associated with endangered, threatened, & Habitat associated with endangered, threatened, & sensitive speciessensitive species

Habitats & species of local importanceHabitats & species of local importance

Commercial & recreational shellfish areasCommercial & recreational shellfish areas

Kelp & eelgrass beds; herring & smelt spawning areasKelp & eelgrass beds; herring & smelt spawning areas

Ponds, waters of the state, & those planted with game Ponds, waters of the state, & those planted with game fishfish

Naturally occurring ponds smaller than 20 acres and Naturally occurring ponds smaller than 20 acres and their submerged aquatic beds their submerged aquatic beds

Natural area preserves & resource conservation areasNatural area preserves & resource conservation areas

Land essential for preserving habitat connectionsLand essential for preserving habitat connections

Page 7: Fish and Wildlife Protection through Critical Areas Ordinances: WDFW’s role

WDFW

!

!!

!

T2-0N R3-0E

T1-0N R3-0E

Major technical assistance activities related to critical areas

ordinances

Priority Habitats and Priority Habitats and Species (PHS) Species (PHS) mapping mapping

IdentificationIdentification

Local habitat Local habitat assessment (GIS) assessment (GIS)

Participation in local Participation in local biodiversity planning biodiversity planning effortsefforts

Fish and wildlife habitat conservation area Fish and wildlife habitat conservation area designationdesignation

Page 8: Fish and Wildlife Protection through Critical Areas Ordinances: WDFW’s role

WDFW

Local Habitat Assessment (Kitsap County)

Page 9: Fish and Wildlife Protection through Critical Areas Ordinances: WDFW’s role

WDFW

Major technical assistance activities, continued….

PHS management PHS management recommendations and recommendations and other guidance other guidance documents;documents;

Serve on committees, Serve on committees, review drafts and make review drafts and make recommendations to local recommendations to local decision-makersdecision-makers

Ordinance development/updateOrdinance development/update

Page 10: Fish and Wildlife Protection through Critical Areas Ordinances: WDFW’s role

WDFW

Major WDFW roles in CAOs, continued…

Ordinance implementationOrdinance implementation- Local - Local project review and comment, habitat project review and comment, habitat management plan consultation and management plan consultation and review, advice on project conditions, review, advice on project conditions, related SEPA commentrelated SEPA comment

Interagency coordinationInteragency coordination (CTED, (CTED, Ecology, DOT, DNR) on state guidance Ecology, DOT, DNR) on state guidance document production and major policy document production and major policy and legislative issuesand legislative issues

Page 11: Fish and Wildlife Protection through Critical Areas Ordinances: WDFW’s role

WDFW

What we are likely to comment on

Are there “triggers” for local CAO review and Are there “triggers” for local CAO review and protection? Do these include pre- protection? Do these include pre-development activities (clearing, grading, development activities (clearing, grading, fill)? What is exempted?fill)? What is exempted?

Will the issuance of variances and RUEs be Will the issuance of variances and RUEs be minimal? What are the review and mitigation minimal? What are the review and mitigation standards for variances? (beware cumulative standards for variances? (beware cumulative impacts and “disappearing” buffers)impacts and “disappearing” buffers)

Are locally-vulnerable species and habitats Are locally-vulnerable species and habitats covered? (Use of PHS, local studies- BAS)covered? (Use of PHS, local studies- BAS)

Page 12: Fish and Wildlife Protection through Critical Areas Ordinances: WDFW’s role

WDFW

What we are likely to comment on, continued…

Are there provisions to Are there provisions to maintain maintain connectivityconnectivity between habitats for between habitats for animal movement and migration (small animal movement and migration (small and large)?and large)?

Are management Are management areas/buffers/setbacks based on BAS? areas/buffers/setbacks based on BAS? Are the Are the activitiesactivities allowed therein going allowed therein going to adversely impact key functions for to adversely impact key functions for fish and wildlife?fish and wildlife?

Page 13: Fish and Wildlife Protection through Critical Areas Ordinances: WDFW’s role

WDFW

What we are likely to comment on, continued…

Is there mitigation sequencing- Is there mitigation sequencing- starts with starts with avoidingavoiding impacts; impacts; incorporates science-based incorporates science-based management recommendations. management recommendations.

Is there monitoring or tracking of Is there monitoring or tracking of violations?violations?

Are there enforcement procedures?Are there enforcement procedures?

Page 14: Fish and Wildlife Protection through Critical Areas Ordinances: WDFW’s role

WDFW

Endangered, Threatened, and Sensitive (ETS) and Locally

important habitats and species

Designation (see Designation (see PHS; local PHS; local knowledge)knowledge)

Nomination processNomination process

Management and Management and protection protection strategies strategies (management (management recommendations)recommendations)

Page 15: Fish and Wildlife Protection through Critical Areas Ordinances: WDFW’s role

WDFW

More information?

Web:Web:http://wdfw.wa.gov- click “Habitat”click “Habitat”