Current through Register Vol. 22-07, April 1, 2022
The following policies shall apply to forest practices subject
to SEPA where the forest practices may cause adverse impacts to marbled
murrelets.
(1) Within an occupied
marbled murrelet site, forest practices that will adversely impact this habitat
will likely have a probable significant adverse impact on the environment
except where the department determines, in consultation with the department of
fish and wildlife, that the applicant's proposal will actually have no
significant adverse impact.
(2)
Within marbled murrelet detection areas:
(a)
Suitable marbled murrelet habitat with at least a 50% probability of occupancy
is assumed to have a high likelihood of marbled murrelet occupancy. It is
currently assumed that 5 platforms per acre meets the 50% probability of
occupancy. Without survey information, forest practices that will adversely
impact this habitat may have a probable significant adverse impact on the
environment.
(b) Suitable marbled
murrelet habitat with at least a 30%, but less than 50% probability of
occupancy has a sufficiently high likelihood of marbled murrelet occupancy to
warrant a survey. This additional information is necessary for the department
to evaluate the environmental impact of the forest practice. It is currently
assumed that 2 platforms per acre meets the 30% probability of occupancy.
A landowner may request the department of fish and wildlife to
survey. The department of fish and wildlife should survey to the maximum extent
practicable based on an appropriation to survey marbled murrelet suitable
habitat within detection areas where the landowner provides access for surveys
to the department of fish and wildlife, and sufficient time is allowed to
complete the protocol surveys. The department shall provide a notice to the
landowner within 60 days from the date of application of the department of fish
and wildlife's intent to survey. If the department of fish and wildlife cannot
conduct marbled murrelet surveys the responsibility for surveys remains with
the landowner.
(3) Outside a marbled murrelet detection
area:
(a) Suitable marbled murrelet habitat
with at least a 60% probability of occupancy is assumed to have a high
likelihood of marbled murrelet occupancy. It is currently assumed that 7
platforms per acre meets the 60% probability of occupancy. Without survey
information, forest practices that will adversely impact this habitat may have
a probable significant adverse impact on the environment.
(b) Within a marbled murrelet special
landscape suitable marbled murrelet habitat with at least a 50% probability of
occupancy is assumed to have a high likelihood of marbled murrelet occupancy.
Without survey information, forest practices that will adversely impact this
habitat may have a probable significant adverse impact on the
environment.
(4) When
determining whether a forest practice will have a probable significant adverse
impact on the environment, the department shall, in consultation with the
department of fish and wildlife, evaluate the impacts on the statewide,
regional (Southwest Washington, Olympic Peninsula, Hood Canal, North Puget
Sound, South Puget Sound and South Cascades) and local (within the marbled
murrelet detection area) marbled murrelet populations and associated habitats.
The department should consider a variety of information including but not
limited to survey data, habitat quality and patch size, the amount of edge in
relation to the area of habitat, amount of interior habitat, distance from
saltwater, detection rates, the amount and quality of habitat, the likelihood
of predation and the recovery goals for the marbled murrelet.
(5) The platform assumptions set forth above
are based on regional data. Applicants or others may submit information to the
department which was gathered in conjunction with a marbled murrelet survey
agreement with the department of fish and wildlife, and other reliable
information that is more current, or specific to the platform numbers in the
marbled murrelet suitable habitat definition. The department shall use such
information in making its determinations under this section where the
department finds, in consultation with the department of fish and wildlife,
that the information is more likely to be valid for a particular WRIA or
physiographic province. If the department does not use the information, it
shall explain its reasons in writing to the applicant.
