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

WDFW The Land Speaks First* Identify and protect critical areas before other planning decisions are made Identify and protect critical areas before other planning decisions are made Avoid future development pressures on critical areas Avoid future development pressures on critical areas Avoid public safety conflicts (e.g., roads and wildlife) Avoid public safety conflicts (e.g., roads and wildlife) Avoid future species listings and associated costs Avoid future species listings and associated costs * Bremerton v. Kitsap County, * Bremerton v. Kitsap County, CPSGMHB No c CPSGMHB No c

WDFW WDFW Technical Assistance- more than just CAOs Comprehensive land use planning Comprehensive land use planning Ordinance development—CAO, SMP, Clearing & Grading, Stormwater Management Program, etc. Ordinance development—CAO, SMP, Clearing & Grading, Stormwater Management Program, etc. Incentive programs—Open space tax/ PBRS, Transfer and Purchase of Development Rights, etc. Incentive programs—Open space tax/ PBRS, Transfer and Purchase of Development Rights, etc. SEPA- Programmatic and site specific project reviews SEPA- Programmatic and site specific project reviews

WDFW Focus on partnership and cooperation Planners are fish and wildlife managers, and our partners Planners are fish and wildlife managers, and our partners We provide data, maps, online management recommendations, one-on-one meetings, field visits, local presentations We provide data, maps, online management recommendations, one-on-one meetings, field visits, local presentations Our primary job is to provide the science to inform local decisions Our primary job is to provide the science to inform local decisions

WDFW

Designating fish and wildlife habitat conservation areas Habitat associated with endangered, threatened, & sensitive species Habitat associated with endangered, threatened, & sensitive species Habitats & species of local importance Habitats & species of local importance Commercial & recreational shellfish areas Commercial & recreational shellfish areas Kelp & eelgrass beds; herring & smelt spawning areas Kelp & eelgrass beds; herring & smelt spawning areas Ponds, waters of the state, & those planted with game fish Ponds, waters of the state, & those planted with game fish Naturally occurring ponds smaller than 20 acres and their submerged aquatic beds Naturally occurring ponds smaller than 20 acres and their submerged aquatic beds Natural area preserves & resource conservation areas Natural area preserves & resource conservation areas Land essential for preserving habitat connections Land essential for preserving habitat connections

WDFW ! !! ! T2-0N R3- 0E T1-0N R3- 0E M ajor technical assistance activities related to critical areas ordinances Priority Habitats and Species (PHS) mapping Priority Habitats and Species (PHS) mapping Identification Identification Local habitat assessment (GIS) Local habitat assessment (GIS) Participation in local biodiversity planning efforts Participation in local biodiversity planning efforts Fish and wildlife habitat conservation area designation

WDFW Local Habitat Assessment (Kitsap County)

WDFW Major technical assistance activities, continued…. PHS management recommendations and other guidance documents; PHS management recommendations and other guidance documents; Serve on committees, review drafts and make recommendations to local decision-makers Serve on committees, review drafts and make recommendations to local decision-makers Ordinance development/update

WDFW Major WDFW roles in CAOs, continued… Ordinance implementation- Local project review and comment, habitat management plan consultation and review, advice on project conditions, related SEPA comment Ordinance implementation- Local project review and comment, habitat management plan consultation and review, advice on project conditions, related SEPA comment Interagency coordination (CTED, Ecology, DOT, DNR) on state guidance document production and major policy and legislative issues Interagency coordination (CTED, Ecology, DOT, DNR) on state guidance document production and major policy and legislative issues

WDFW What we are likely to comment on Are there “triggers” for local CAO review and protection? Do these include pre- development activities (clearing, grading, fill)? What is exempted? Are there “triggers” for local CAO review and protection? Do these include pre- development activities (clearing, grading, fill)? What is exempted? Will the issuance of variances and RUEs be minimal? What are the review and mitigation standards for variances? (beware cumulative impacts and “disappearing” buffers) Will the issuance of variances and RUEs be minimal? What are the review and mitigation standards for variances? (beware cumulative impacts and “disappearing” buffers) Are locally-vulnerable species and habitats covered? (Use of PHS, local studies- BAS) Are locally-vulnerable species and habitats covered? (Use of PHS, local studies- BAS)

WDFW What we are likely to comment on, continued… Are there provisions to maintain connectivity between habitats for animal movement and migration (small and large)? Are there provisions to maintain connectivity between habitats for animal movement and migration (small and large)? Are management areas/buffers/setbacks based on BAS? Are the activities allowed therein going to adversely impact key functions for fish and wildlife? Are management areas/buffers/setbacks based on BAS? Are the activities allowed therein going to adversely impact key functions for fish and wildlife?

WDFW What we are likely to comment on, continued… Is there mitigation sequencing- starts with avoiding impacts; incorporates science-based management recommendations. Is there mitigation sequencing- starts with avoiding impacts; incorporates science-based management recommendations. Is there monitoring or tracking of violations? Is there monitoring or tracking of violations? Are there enforcement procedures? Are there enforcement procedures?

WDFW Endangered, Threatened, and Sensitive (ETS) and Locally important habitats and species Designation (see PHS; local knowledge) Nomination process Management and protection strategies (management recommendations)

WDFW More information? Web: click “Habitat”