Current through Register Vol. 22-07, April 1, 2022
Until the fish habitat water type maps described below are
adopted by the board, the Interim Water Typing System established in WAC
222-16-031 will continue to be
used. The department in cooperation with the departments of fish and wildlife,
and ecology, and in consultation with affected Indian tribes will classify
streams, lakes and ponds. The department will prepare water type maps showing
the location of Type S, F, and N (Np and Ns) Waters within the forested areas
of the state. The maps will be based on a multiparameter, field-verified
geographic information system (GIS) logistic regression model. The
multiparameter model will be designed to identify fish habitat by using
geomorphic parameters such as basin size, gradient, elevation and other
indicators. The modeling process shall be designed to achieve a level of
statistical accuracy of 95% in separating fish habitat streams and nonfish
habitat streams. Furthermore, the demarcation of fish and nonfish habitat
waters shall be equally likely to over and under estimate the presence of fish
habitat. These maps shall be referred to as "fish habitat water typing maps"
and shall, when completed, be available for public inspection at region offices
of the department.
Fish habitat water type maps will be updated every five years
where necessary to better reflect observed, in-field conditions. Except for
these periodic revisions of the maps, on-the-ground observations of fish or
habitat characteristics will generally not be used to adjust mapped water
types. However, if an on-site interdisciplinary team using nonlethal methods
identifies fish, or finds that habitat is not accessible due to naturally
occurring conditions and no fish reside above the blockage, then the water type
will be immediately changed to reflect the findings of the interdisciplinary
team. The finding will be documented on a water type update form provided by
the department and the fish habitat water type map will be updated as soon as
practicable. If a dispute arises concerning a water type the department shall
make available informal conferences, as established in WAC
222-46-020 which shall include
the departments of fish and wildlife, and ecology, and affected Indian tribes
and those contesting the adopted water types.
The waters will be classified using the following
criteria:
(1) "Type S
Water" means all waters, within their bankfull width, 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.
(2)
"Type F Water" means
segments of natural waters other than Type S Waters, which are within the
bankfull widths of defined channels and periodically inundated areas of their
associated wetlands, or within lakes, ponds, or impoundments having a surface
area of 0.5 acre or greater at seasonal low water and which in any case contain
fish habitat or are described by one of the following four categories:
(a) Waters, which are diverted for domestic
use by more than 10 residential or camping units or by a public accommodation
facility licensed to serve more than 10 persons, where such diversion is
determined by the department to be a valid appropriation of water and the only
practical water source for such users. Such waters shall be considered to be
Type F Water upstream from the point of such diversion for 1,500 feet or until
the drainage area is reduced by 50 percent, whichever is less;
(b) Waters, which are diverted for use by
federal, state, tribal or private fish hatcheries. Such waters shall be
considered Type F Water upstream from the point of diversion for 1,500 feet,
including tributaries if highly significant for protection of downstream water
quality. The department may allow additional harvest beyond the requirements of
Type F Water designation provided the department determines after a
landowner-requested on-site assessment by the department of fish and wildlife,
department of ecology, the affected tribes and interested parties that:
(i) The management practices proposed by the
landowner will adequately protect water quality for the fish hatchery;
and
(ii) Such additional harvest
meets the requirements of the water type designation that would apply in the
absence of the hatchery;
(c) Waters, which are within a federal,
state, local, or private campground having more than 10 camping units:
Provided, That the water shall not be considered to enter a campground until it
reaches the boundary of the park lands available for public use and comes
within 100 feet of a camping unit, trail or other park improvement;
(d) Riverine ponds, wall-based channels, and
other channel features that are used by fish for off-channel habitat. These
areas are critical to the maintenance of optimum survival of fish. This habitat
shall be identified based on the following criteria:
(i) The site must be connected to a fish
habitat stream and accessible during some period of the year; and
(ii) The off-channel water must be accessible
to fish.
(3)
"Type
Np Water" means all segments of natural waters
within the bankfull width of defined channels that are perennial nonfish
habitat streams. Perennial streams are flowing waters that do not go dry any
time of a year of normal rainfall and include the intermittent dry portions of
the perennial channel below the uppermost point of perennial flow.
(4)
"Type Ns Water" means all
segments of natural waters within the bankfull width of the 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. Ns Waters must be physically connected by an
above-ground channel system to Type S, F, or Np Waters.
(5) For purposes of this section:
(a) "Residential unit" means a home,
apartment, residential condominium unit or mobile home, serving as the
principal place of residence.
(b)
"Camping unit" means an area intended and used for:
(i) Overnight camping or picnicking by the
public containing at least a fireplace, picnic table and access to water and
sanitary facilities; or
(ii) A
permanent home or condominium unit or mobile home not qualifying as a
"residential unit" because of part time occupancy.
(c) "Public accommodation facility" means a
business establishment open to and licensed to serve the public, such as a
restaurant, tavern, motel or hotel.
(d) "Natural waters" only excludes water
conveyance systems which are artificially constructed and actively maintained
for irrigation.
(e) "Seasonal low
flow" and "seasonal low water" mean the conditions of the 7-day, 2-year low
water situation, as measured or estimated by accepted hydrologic techniques
recognized by the department.
(f)
"Channel width and gradient" means a measurement over a representative section
of at least 500 linear feet with at least 10 evenly spaced measurement points
along the normal stream channel but excluding unusually wide areas of
negligible gradient such as marshy or swampy areas, beaver ponds and
impoundments. Channel gradient may be determined utilizing stream profiles
plotted from United States geological survey topographic maps (see board manual
section 23 ).
(g) "Intermittent
streams" means those segments of streams that normally go dry.
(h) "Fish habitat" means habitat which is
used by any fish at any life stage at any time of the year, including potential
habitat likely to be used by fish which could be recovered by restoration or
management and includes off-channel habitat.
