April 26,
2002
2002 Endangered
Species Act (ESA) policy direction
For more than a decade, King County�s commitment
to salmon conservation and environmental protection has resulted in a
strong record of accomplishments. Further, it has resulted in a better
understanding of conservation practices that will benefit everyone - and
the fish. Our efforts have taught us how to better protect fish as we do
our work every day, today and in the future.
Three years ago, the nature of our legal
responsibilities was altered when chinook and bull trout were listed as
threatened species under the Endangered Species Act. The National Marine
Fisheries Service (NMFS) and United States Fish and Wildlife Service
(USFWS) each issued regulations that prohibit �take.� Essentially, this
means it is illegal to harm listed species or their habitat. This legal
mandate prompted local governments to consider the potential effects of
their activities on listed salmonids and their habitat as they deliver
basic services like permitting development, managing stormwater,
wastewater and flood control, and maintaining roads, parks and facilities.
King County�s actions will also benefit other salmon species that inhabit
the County�s watersheds, such as coho, sockeye, and kokanee.
During the past three years, many important legal,
economic, and political developments have occurred at the local, state and
federal levels. In short, the world has changed around us. For example,
NMFS is reviewing the fundamental decision of whether to continue to list
Puget Sound chinook salmon and other salmonids on the West Coast as
threatened species. NMFS is also revising its policy on the role of fish
hatcheries and is re-evaluating its critical habitat designations for
salmon and steelhead. As a result of these and other events, the future of
Puget Sound chinook as an ESA listed species will likely remain uncertain
for perhaps a year or more. While it is appropriate for the County's
salmon conservation strategy to reflect these changes and uncertainties,
it is premature to speculate on the ultimate fate of the listings.
Through the Tri-County Salmon Conservation
Coalition, we partnered with stakeholders in Snohomish, Pierce and King
Counties to propose an unprecedented model salmon conservation program -
the Tri-County Model 4(d) Rule Response Proposal. This program has two
potential uses which afford local governments different options to limit
legal liability under the ESA listings. One use of the model is to help
local governments modify programs and regulations to better help conserve
salmon and thereby reduce their potential legal liability under ESA. A
second use is to adopt the model or some variation and negotiate with NMFS
a "take limit," as allowed by the NMFS 4(d) rule, providing more formal
legal protection coverage than the first option. In either case, the
objective would be to modify programs and regulations to minimize the
potential to commit a take under the ESA.
On April 19, 2002, Tri-County issued a Biological
Review of the Tri-County Model. The Biological Review is a third party
evaluation of the program prepared by Parametrix, Inc. with input from
NMFS, USFWS, and Tri-County local government staff. It evaluates the
degree to which the Tri-County Model contributes to salmon conservation
and analyzes how the model meets the specific requirements of the 4(d)
rule take limit for development activities. The Biological Review provides
an extensive resource to establish and consider the best available
science, required by the Growth Management Act when protecting critical
areas.
The policy choice facing King County and other
local governments is whether to try to limit liability through a formal
agreement with NMFS or through more direct local measures. While
continuing to achieve success with ongoing protection practices and
undertaking new efforts, King County does not presently plan to seek
formal approval of its program under the federal Endangered Species Act.
In the coming months, we will recommend additional steps to strengthen
that commitment by improving the way the County and its citizens conduct
their activities.
While ESA listings gave further impetus to King
County�s long-standing salmon conservation efforts, several other
mandates, such as the Clean Water Act, the state Growth Management Act,
Watershed Planning Act, and Salmon Recovery Funding Act, present
opportunities for the County to implement new salmon conservation
measures. Using these tools to enhance our efforts offers real promise for
direct, local action to protect habitat. Most important is our policy
commitment to protecting the ecosystem that supports salmon, other
wildlife and Puget Sound citizens.
King County will take the following
actions:
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