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: Take Limit Decision. At this time, the County will implement an integrated strategy to capitalize on existing initiatives and resources, and practice conservation every day in its delivery of public services. This will allow the County to take immediate steps to increase our protection for chinook and bull trout and it may also help to reduce the risk that other salmon species may be listed in the future. King County will revise its regulations to protect habitat in conformance with the state Growth Management Act, the County’s Comprehensive Plan and the Clean Water Act in lieu of seeking a take limit under the federal 4(d) rule for chinook salmon. The County will use the Tri-County Model program and the Biological Review findings as a basis for best available science when it revises its land use codes. Best Management Practices. When the County undertakes needed capital improvement projects, such as culvert replacements, construction of new bridges and stormwater or flood control facilities, those projects will be designed to protect or improve salmon habitat. The County will continue to implement the Regional Road Maintenance program and practice Integrated Pest Management in all programs and facilities. Watershed Planning. The County will continue to support ongoing watershed planning and conservation efforts together with the other regional partners. To date, those efforts have produced detailed technical assessments and near-term action agendas in the Snoqualmie and Green-Duwamish basins, as well as a technical assessment in the Cedar-Lake Washington basins. It is critical to continue these and other ongoing watershed planning efforts not only to achieve long-term conservation of chinook and other salmon, but also to effectively fulfill the goals and objectives of the Growth Management Act. Our government-to-government relationships with area tribes and cities, and widespread public interest, support the need to move forward with renewed energy and direction. Together we can conserve salmon and their habitat. We can do it within the scope of our existing programs. We can do it within current financial constraints, and we can do it well. We owe it to ourselves and to future generations to do so. Link to: King County's Endangered Species Act Web site Updated: April 30, 2002 Executive's home | Executive's news Executive's e-mail King County | Executive | News | Services | Comments | Search Links to external sites do not constitute endorsements by King County. 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