Article 12. Fish and Wildlife Habitat Conservation Areas
14.100.500 Fish and Wildlife Habitat Conservation Areas—Designation.
A. Fish and wildlife habitat conservation means land management for maintaining populations of species in suitable habitats within their natural geographic distribution so that the habitat available is sufficient to support viable populations over the long term and isolated subpopulations are not created. This does not mean maintaining all individuals of all species at all times, but it does mean not degrading or reducing populations or habitats so that they are no longer viable over the long term.
Fish and wildlife habitat conservation areas contribute to the state’s biodiversity and occur on both publicly and privately owned lands. Designating these areas is an important part of land use planning for appropriate development densities. All areas within the city meeting these criteria (based on best available science, as described in Chapter 365-195 WAC) are hereby designated critical areas and are subject to the provisions of this chapter.
B. For purposes of this chapter, fish and wildlife habitat conservation areas that must be considered for classification and designation shall include:
1. The Washington State Department of Fish and Wildlife priority habitats and species recommendations for species and habitats, for:
a. Areas where endangered, threatened and sensitive species have a primary association; (Endangered species listed in WAC 232-12-014)
b. Threatened species listed in WAC 232-12-001;
c. Sensitive species listed in WAC 232-12-011;
d. Habitats and species of local importance, as determined locally;
2. Bald eagle habitat pursuant to WAC 232-12-292;
3. Endangered or threatened species listed in accordance with the federal Endangered Species Act together with the areas with which they have a primary association;
4. State natural area preserves and natural resource conservation areas and state wildlife areas including:
a. Department of Natural Resources designated Natural Area Preserves and Natural Resource Conservation Areas;
b. Washington Department of Fish and Wildlife designated Wildlife Recreation Areas;
5. Waters of the state as defined in RCW 77.55.011 and 90.56.010 including shorelines of the state as defined in RCW 90.58.010;
6. Streams shall be designated in accordance with the Washington State Department of Natural Resources stream type as provided in WAC 222-16-030 with the following revisions:
a. Type S Water. All waters, as inventoried as “shorelines of the state” under Chapter 90.58 RCW and the rules promulgated pursuant to Chapter 90.58 RCW, including periodically inundated areas of their associated wetlands.
b. Type F-A Water. Segments of natural waters other than Type S waters, which are within defined channels greater than ten (10) feet in width, as defined by the OHWM and periodically inundated areas of their associated wetlands or within lakes, ponds, or impoundments having a surface area of one-half (1/2) acre or greater at seasonal low water and which in any case contain fish habitat.
c. Type F-B Water. Segments of natural waters other than Type S waters, which are within defined channels less than ten (10) feet in width, as defined by the OHWM, or within lakes, ponds, or impoundments having a surface area of less than one-half (1/2) acre at seasonal low water and which in any case contain fish habitat.
d. Type Np Water. All segments of natural waters within defined channels that are perennial nonfish habitat streams. Perennial streams are waters that do not go dry any time of a year of normal rainfall. However, for the purpose of water typing, Type Np waters include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow.
e. Type Ns Water. All segments of natural waters within defined channels that are not Type S, F, or Np waters. These are seasonal, nonfish habitat streams in which surface flow is not present for at least some portion of a year of normal rainfall and are not located downstream from any stream reach that is a Type Np water. Type Ns waters must be physically connected by an above ground channel system to Type S, F, or Np waters.
f. Nonfish habitat streams are those streams that have no known or potential use by anadromous or resident fish based on the stream character, hydrology and gradient; provided, that human-made barriers shall not be considered a limit on fish use except when the director makes the following findings:
(1) The human-made barrier is located beneath public infrastructure that is unlikely to be replaced and it is not feasible to remove the barrier without removing the public infrastructure; provided, that the infrastructure is not identified for future modification in the capital facility or other plans of the public agency responsible for the infrastructure, and the facility will not exceed its design life within the foreseeable future;
(2) The human-made barrier is located beneath one (1) or more occupied structures and it is not feasible to remove the barrier without removing the structure, and the structure is of a size and condition that removal or substantial remodel is not likely;
(3) The human-made barrier is not identified for removal by a public agency or in an adopted watershed plan.
7. Naturally occurring ponds under twenty (20) acres and their submerged aquatic beds that provide fish or wildlife habitat;
8. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity;
9. Areas open to shellfish gathering under applicable health regulations and any “shellfish protection district” that may be established in accordance with Chapter 90.72 RCW;
10. Kelp and eelgrass beds and herring, smelt and other forage fish spawning areas as identified by the Washington State Department of Natural Resources and the Department of Ecology and compiled in the Washington Coastal Atlas. Herring, smelt and other forage fish spawning time and location are outlined in WAC 220-110-240;
11. Areas of rare plant species and high quality ecosystems that are identified by the Washington State Department of Natural Resources through the natural heritage program;
12. Land useful or essential for preserving connections between habitat blocks and open spaces;
13. Waters of the state;
14. Anadromous fisheries.
C. In addition to the species and habitats identified in subsection (B) of this section, the city may designate additional species and/or habitats of local importance as follows:
1. In order to nominate an area or a species to the category of locally important, an individual or organization must:
a. Demonstrate a need for special consideration based on:
(1) Declining population;
(2) High sensitivity to habitat manipulation; or
(3) Demonstrated commercial, recreational, cultural, or other special value;
b. Propose relevant management strategies considered effective and within the scope of this chapter; and
c. Provide a map showing the species or habitat location(s).
2. Submitted proposals shall be reviewed by the city and may be forwarded to the state Departments of Fish and Wildlife, Natural Resources, and/or other local, state, federal, and/or tribal agencies or experts for comments and recommendations regarding accuracy of data and effectiveness of proposed management strategies.
3. If the proposal is found to be complete, accurate, and consistent with the purposes and intent of this chapter, the city commission will hold a public hearing to solicit comment. Approved nominations will become designated locally important habitats or species and will be subject to the provisions of this chapter.
4. Those portions of the hemispheric significant reserve designated by the Western Shorebird Reserve Network lying within city boundaries are designated as habitat of local importance.
5. Protecting riparian ecosystems, including salmonid habitat and marine nearshore areas, is of local importance.